HomeMy WebLinkAbout01-3278CYNTHIA ANN KARST,
Plaintiff
MICHAEL J. KARST,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2001- 3~:~7~w CIVIL TERM
· IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights important to you, including custody
or visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY
LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
CYNTHIA ANN KARST,
Plaintiff
MICHAEL J. KARST,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2001- .3 .:z ~'Z CIVIL TERM
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OR (D)
OF THE DIVORCE CODE
Plaintiff, Cynthia Ann Karst, by her attorney, Lindsay D. Baird, Esquire, sets forth the
following:
1
Plaintiff, Cynthia Ann Karst, is an adult individual residing at 110 Fairway Drive, Carlisle,
Cumberland County, Pennsylvania 17013.
2
Defendant, Michael J. Karst, is an adult individual residing at 1112 Legacy Farm Court,
Apartment 204, Collierville, Tennessee 38017.
3
The parties were married on May 8, 1997 in Cumberland County, Pennsylvania.
4
Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for
at least six months prior to the commencement of this action.
5
This action is not collusive.
6
There have been no prior actions for divorce or annulment in this or any other jurisdiction
within the knowledge of the Plaintiff.
7
In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties
is irretrievably broken.
8
Plaintiff has been advised that counseling is available and that Plaintiff may have the right
to request that the Court require the parties to participate in counseling.
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be
divorced from the Defendant.
Linds~z.D. Baird, 'Esquire
Attorney for the Plaintiff
37 S. Hanover Street
Carlisle, PA 17013
717 - 243-5732
VERIFICATION
I verify that to the best of my knowledge and belief, the statements in the foregoing document
are true and correct. I understand that false statements herein are made subject to the penalties
of 18 PaCS 4904 relating to unsworn falsification to authorities.
Cy(~thia Ann Karst, Plaint'ff
CYNTHIA ANN KARST,
Plaintiff
MICHAEL J. KARST,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2001- 3278 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed
on May 30, 2001.
2. Defendant acknowledged receipt and accepted service of the Complaint on
June 4, 2001.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with
the Prothonotary.
7. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
Cyhthia Ann Karst
CYNTHIA ANN KARST,
Plaintiff
MICHAEL J. KARST,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2001- 3278 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed
on May 30, 2001.
2. Defendant acknowledged receipt and accepted service of the Complaint on
June 4, 2001.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with
the Prothonotary.
7. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: ~ /
Michael J, Ka~t
CYNTHIA ANN KARST,
Plaintiff
MICHAEL J. KARST,
Defendant
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2001- 3278 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a
copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead
and a Notice of Availability of Marriage Counseling was served on the Defendant, June 4, 2001,
by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt
evidencing delivery being attached hereto.
.,E'lndsay D. B~,u'd, F_~quire
Attorney forh~aintiff
37 South Hanover Street
Carlisle, PA 17013
717 * 243-5732
Sworn and Subscribed to
before me this I~~ day
of ~ , 2001.
Notary Public
Notarial Seal I
Nlvan J. Baird, Notary Public
C, afllsle Boro Cumberland County
My Commission Exp ms Nov. 2, 2002
Member, '~ennsyivenia Association of Notaries
=' Complete items 1, 2, and 3. Also complete
item 4 if Restricted Deliver>/is desired.
· Print your name and address on the reverse
so that we can re~urn the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Article
A. Received b~, (Please Print C/early) I B. Date of Delivery
Signat re ~
D. Is ~nehd' 've~za~ ~iff~t from item 17
If YES, enter delive~J address below:
3. Service Type
~-Certified Mail
I'1 Registered
0 Agent
I-I Addressee
~]Yes
[] No
[] Express Mail
~ Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
..... ~+~ rl~liverv? (Extra Fee)
PS Form 3811, ~luly 1999
PROPERT?f SETTLEMENT A,GREEME T
!
THIS IS AN AGREEMENT made this4~',,:day of~/v,,~-~ 2001, by and between Cynthia Ann
Karst, of Carlisle, Cumberl. and County, Pennsylvania, (hereinafter referred to as Wife) and
Michael J. Karst, of Collierville, Tennessee, (hereinafter referred to as Husband).
WHEREAS, Husband and Wife were married on May 8, 1997, in Cumberland County,
Pennsylvania; and
WHEREAS, various differences have arisen between Husband and Wife, whereby they have
been living separate and apart since May 8, 2001; and
WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live
apart from each other; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the
property rights of the parties and to dispose of the rights and obligations of each to the other in
respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights
and obligations under the Divome Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete and final settlement of all of
those rights and obligations under said Divorce Code; and
NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound
by the provisions hereof, the parties agree that their recitals form a part of this Agreement and
waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel
fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not
provided for herein and agree as follows:
1. SEPARATION. The parties agree that it shall be lawful for each party, at all times
hereafter, to live separate and apart from the other, at such place or places as he or she may, from
time-to-time, choose or deem fit. Each party shall be free from interference, authority or contact
by the other, as fully as if he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from
the other.
2. REAL ESTATE. Wife solely owns the residence located at 110 Fairway Drive, Carlisle,
PA. The residence presently has an outstanding mortgage. Husband waives any rights, title and
interest he has in the residence to Wife. Wife shall be solely responsible for all mortgage
payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the residence.
Wife shall indemnify and hold Husband harmless from any liability, claims, causes of action,
suits, or litigation for money owed, damages, indirect or consequential, including legal fees,
arising out of failure of Wife to so pay such liens and encumbrances.
3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and
possession of the 1994 Ford Explorer. Husband shall have as his sole and exclusive property,
title to and possession of the 1997 Ford Explorer. Each party shall indemnify and hold the other
harmless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance,
registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and
exclusive property.
4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their
personal property which includes bank accounts, certificates of&posit, life insurance policies,
jewelry, clothing, furniture and other personal items. The family Christmas tree and ornaments
will be returned to Wife. All shipping costs will be paid by Husband. After the aforesaid
division of the personal property is complete, any and all property in the possession of Husband
shall be his sole and separate property. Any and all property in the possession of Wife shall be
her sole and separate property. Each party forever renounces whatever claims he/she may have
with respect to the property which the other is taking. Each party understands that he/she has no
right or claim to any property acquired by the other after the signing of this Agreement.
5. PENSION/RETIREMENT PLANS. Wife hereby releases any and all claims or demands
she may have on Husband's pension or retirement plans. Husband hereby releases any and all
claims or demands he may have on Wife's pension or retirement plans.
6. SETTLEMENT OF FINANCES. The state income tax refund from the year 2000 shall be
the sole property of Wife. Husband shall pay to Wife the following amounts due and payable on
the eighth day of the month:
June 2001 $500.00
July, 2001 $500.00
August, 2001 $300.00
September, 2001 $300.00
October, 2001 $300.00
If financial circumstances change for either party, this payment schedule shall be
revisited. Husband shall continue the monthly payments of $300.00 for the months of November
and December, 2001, if he is able.
2
7. DEBTS. The parties represent and warrant to each other that neither has incurred any
other debts nor made any other contracts for which the other or his/her estate may be liable, from
date of separation forward. Neither party shall contract nor incur any debt or liability for which
the other or his/her property or estate might be responsible and agrees to indemnify the other
from any claims made against the other because of debts/obligations not incurred by the other.
8. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive
any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or
spousal support.
9. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution
by the parties if they had each executed the Agreement on the same date. Otherwise, the
execution date of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
10. DIVORCE. A divorce action was initiated and filed at docket number 2001-3278 Civil
Term in the Court of Common Pleas of Cumberland County on May 30, 2001. Both parties
agree to execute any and all affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Sections 3301 (c) of the Divorce Code including waiver of all rights
to request Court ordered counseling.
11. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation
or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction,
each of the parties hereby consents and agrees that this Agreement and all of its covenants shall
not be affected in any way by any such separation or divorce; and that nothing in any such decree,
judgment, order or further modification and revision thereof shall alter, amend or vary any term
of this Agreement, whether or not either or both of the parties shall remarry, it being understood
by and between the parties hereto that this Agreement shall survive and shall not be merged into
any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a
copy of this Agreement or the substance of the provisions thereof, may be incorporated by
reference into any divorce, judgment or its decree. This incorporation, however, shall not be
regarded as a merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim
or forever discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate
of such other, of whatever nature and wherever situate, which he or she now has or at anytime
hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights,
3
family exemption or similar allowance or under the intestate laws; or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or
other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any
other country or any right which either party may now have or at anytime hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife
to give to each other by the execution of this Agreement a full, complete and general release with
respect to any and all property of any kind or nature, real, personal or mixed, which the other
now owns or may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
13. COUNSEL FEES. Each party individually covenants and agrees that he or she will
individually assume the full and sole responsibility for legal expenses for his or her attorney and
court costs in connection with any divorce action which may be brought by either party and shall
make no claim against the other for such costs or fees.
14. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time-to-time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments or documents that may be reasonable required to give full force and effect to the
provisions of this Agreement.
15. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and executed with the same formality as
this Agreement. The failure of either party to insist upon the strict performance of any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent default of the
same or similar nature.
16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties
and there are no representations, warranties, covenants or undertakings other than those expressly
set forth herein.
17. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between
the parties thereto that each paragraph hereof shall be deemed to be a separate and independent
agreement.
18. BREACH. If either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her and the party breaching this Agreement shall
be responsible for payment of legal fees and costs incurred by the other in enforcing the rights
under this Agreement, or in seeking such other remedies or relief as may be available to him or
her.
19. CONTROLLING LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
20. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement, and, in all other
respects, this Agreement shall be valid and continue in full force, effect and operation.
2 l. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first above written.
WITNESS
Michael J. Karst
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this o/-_5 -' dayof k~/L.~ ,2001, before me personally
appeared Cynthia Ann Karst to me known to be the person described in and who
executed the foregoing instrument, and acknowledged that she executed the same as
her free act and deed.
Sworn and subscribed to
before me this ~- day of
('~_~.JL. ,2001.
Notary Public
.....MJ~ A. Golden, No!my Pu~lc
My t;ommlmdon ~ J~ 2, ~
remedies or relief as may be available to him or her and the party breaching this Agreement shall
be responsible for payment of legal fees and costs incurred by the other in enforcing the rights
under this Agreement, or in seeking such other remedies or relief as may be available to him or
her.
19. CONTROLLING LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
20. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement, and, in all other
respects, this Agreement shall be valid and continue in full force, effect and operation.
21. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first above written.
WITNESS
Cynthia Ann Karst
Michael J. Karst p/ '
STATE OFTEN~SS~
COUNTY OF
On this _.~ day of ~) L),Jq, J,.~ ,2001, before me personally
appeared Michael J. Karst to me known to be the person described in and who
executed the foregoing instrument, and acknowledged that he executed the same as
his free act and deed.
Sworn and subscribe.~.l,~
before me this '"~ (~ dayof
~.) Lk/'~JL_ , 2001.
CYNTHIA ANN KARST,
Plaintiff
MICHAEL J. KARST,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2001- 3278 CIVIL TERM
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: June 4, 2001, certified mail, restricted delivery,
return receipt.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code:
By Plaintiff: October 15, 2001; by Defendant: October 15, 2001.
4. Related claims pending: None
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
October 19, 2001
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
October 19, 2001
/L/~r~dsay Dare aB,~:l, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE: OF ~ PENNA.
.................. PlaJ~D~i~ .............
... Michael J. Karst, .
N o ...... g~.Q!.=~18 ................. i9
DECREE IN
DIVORCE
AND NOW .... ~.~.~.c~ ~....Z~..~ ........ , ~ .2a01.., it is ordered and
decreed that .................. ~.~.~ .............. , plaintiff,
and ........................... ~e~. ~,. ~ ............... defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
.... ~. PFg~F}Y. ~}}~. ff~. 3~..~FP~Y~3~ ~. Eo3..~r~.. .....
By The ~C,our~~
Att~t~ ~ ~
~ ff ~o~ho~o~