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HomeMy WebLinkAbout04-5138 (j. BENJAMIN J. PARISER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW t51)~ (!_~ NO. 2004 - DIVORCE DANA A. PARISER, Defendant NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing witb the Court yonr defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 32 South Bedford Street Carlisle, Pennsylvania 717-249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN J. P ARISER, Defendant : CIVIL ACTION LAW /) - 'n ~ : NO. 2004- 6/3; ~ : DIVORCE v DANA A. PARISER, COMPLAINT Plaintiff, Benjamin J. Pariser, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Benjamin J. Pariser, is an adult individual residing at 371 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, Dana A. Pariser, is an adult individual residing at 371 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant were married in Cumberland County Pennsylvania on April 18, 2003. 4 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action. 5 There have been no prior actions of divorce or for annulment between the parties. 6 The marriage is irretrievably broken. 7 The Plaintiff reqnests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests your Honorable Conrt to enter a decree divorcing him from the Defendant. BROUJOS & GILROY, P.C. BY~& Hubert X. GUro squire Attorney for P mtiff Broujos & G' roy, P.c. 4 North Ha over Street Carlisle, P A 17013 717-243-4574 I verify that the statements made in the foregoing document 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. rPOt t Z-Vl.JY DATE: ~ Benjamin J. Pariser I verify that the statements made in the foregoing document 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: I' ~{ rl to"'" I verify that the statements made in the foregoing document 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: rod.J,#" J 00 V Benjamin J. '-" f '^- \> c~ c:;. '~" ' \ 1'\ {..'-j "", , --- ../' i-.l ~ .' ,.>J - ,sr::- - c- 0 -C" ,..S:\ c --l --.. ~ S'> ,-j' ,'- r 0' ~ v' c PROPERTY SETTLEMENT AGREEMENT c" {"1 THIS IS AN Agreement made this ? day of BENJAMIN J. PARISER (hereinafter referred to as (hereinafter referred to as Wife). , 2005, by and between and) and DANA A. PARISER WHEREAS, Husband and Wife were married on a April 18, 2003; and WHEREAS, various differences have arisen between Husband and Wife, and the parties intend to separate and live separate and apart; and WHEREAS, Husband has commenced a divorce action against Wife docketed at No. 2004- 5138 in Cumberland County, Pennsylvania; 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 Divorce 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 tbat 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 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 Wife agrees to convey to Husband all interest in the marital real estate at 371 Belvedere Street, Carlisle, Cumberland County. Husband shall assume all existing mortgages and liens on the mentioned real estate and Husband shall indemnify and hold Wife harmless with respect to any aforesaid mortgages. Husband shall refinance all mortgages and liens on the property to remove Wife's name within 90 dllls of signing of this Agreement. -------------- - 3 Upon the signing of this Agreement by Husband and Wife and upon Wife signing of the Deed as contemplated in Paragraph 2 above, Husband shall pay to Wife the sum of Ten Thousand Dollars ($10,000.00). 4 The parties own a 2003 Mitsubishi Eclipse RS automobile in joint names, but which is in the possession of Wife. It is the intention that said automobile shall be the property of Wife. Wife may possess and maintain said vehicle, and Wife agrees to pay the existing loan obligation on said vehicle and to hold Husband harmless with respect to any claims relating to said loan. Upon the payoff of the loan, or at any time prior to snch a transfer may be arranged, Husband agrees to execute all documentation necessary to transfer title to the vehicle into Wife's name. 5 The parties agree that any vehicle owned and maintained by Husband shall be Husband's exclusive and sole property, and Husband shall indemnify and hold Wife harmless from any claims with respect to any liens on said vehicle. 6 The parties agree that they have various items of personal property in their own possession and that those items shall remain the sole property of each party. 7 Each party hereby represents they have disclosed all ofthe marital assets to the other party in the negotiations for the consummation of this Agreement. 8 The parties agree to execute the Consent Affidavits in order to finalize the divorce, and the Husband agrees to proceed with finalizing the divorce case. 9 Both parties shall incur their own legal expenses with respect to this divorce litigation. 10 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party. 11 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other sate, 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 ofthe 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 Hnsband 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 courtesy of claims in the nature of dower or courtesy, or widow's or widower's rights, 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 nnder this Agreement or for the breach of any provision thereof. 13 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 reasonably required to give full force and effect to the provisions ofthis Agreement. 14 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. 15 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. 16 It is specificaIly understood and agreed by and between the parties thereto that each paragraph hereof shaIl be deemed to be a separate and independent agreement. 17 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. 18 This Agreement shaIl be construed under the laws of the Commonwealth of Pennsylvania. 19 If any term, condition, clause or provision of this Agreement shaIl 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 fuIl force, effect and operation. 20 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. 21 Wife acknowledges that this Agreement and the accompanying Deed referred to in Paragraph 2 above have been prepared by the firm of Broujos & Gilroy, P.c. which represents the Husband in the divorce action filed in this matter. Wife acknowledges that she has been advised that she has the opportunity to have this Agreement and all matters relating to the divorce action between the parties to be reviewed by her own separate legal counsel if she should desire. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS ;J~ (). p~ DANA A. PARlSER 8E~ ~ lJ r-' c;-.~: ':':7\ :.) C) -n ~ r-."; -~} J;:- c.::.' .J :< ~,:",:,u BENJAMIN J. PARISER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v : 2004-5138 CIVIL TERM DANA A. PARISER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 October 12, 2004. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about October 26, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing ofthe Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. ~4904 relating to '.,w.m ".;om... t. .....n.... ~ /' Date: :29 J:: I, LW) ~ Benjamin J. Pariser, Plaintiff r--.:) I"') ~~:-:~ ;:"(1 C.:n .-\ -~C -rj \~np i"~,~, - .-', \..;;-: tJ'" 0" BENJAMIN J. P ARISER, Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v 2004-5138 CIVIL TERM DANA A. PARISER, Defendant IN DIVORCE AFFlDA VIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 330l(C) of the Divorce Code was filed on October 12,2004. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about October 26, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing ofthe Complaint. 4. I consent to the entry of a tinal decree of 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. ~4904 relating to unsworn falsification to authorities. Date: 7-;? 9'-05 f) ~AA-" 0 p~ Dana A. Pariser, Defendant l"';:'=', ,-:.:::;J ':.Ji r-) :::;"\ en ""< ("j"'; BENJAMIN J. PARlSER, Plaintiff, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2004-5138 CNIL DANA A. P ARlSER, Defendant, : IN DNORCE AFFTDA VTT OF SFRVWF I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant DANA A. PARlSER, by certified mail on October 26,2004. A copy of the Certified Mail- Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. '6 -1- OS DATE ~ ube X. Gilroy, Esq ire ey for Plaintiff Broujos & Gilroy, P.e. 4 North Hanover Street Carlisle, P A 17013 717.243.4574 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Artic::la Addressed to: D. Is delivery address d. from item 1? If YES, enter delivety address below: }:::I=..-...<>- ~ Y=-.v ~ ~ y' ~"'\ \ ~\\l-eky~ S-\::... c..c--.<\,s\e \ 7p\ \'0\3:, 3. ...sr"ice Type }!9. Certified Mall [J Express Mall o Registered ,g Rotum R_pt lor Mercha o Insured MaR [J C.O.D. 4. Restricted DeliV<<Y'/ jExlnl Foe) 0 Yes 2. Miele Number .' (rransferfrom$6fVicelabei) ~oC1"\ ~u..OOC:O\~. ~4~~.~c:. PS F0I1ll3811, August 2001 Domestic Return Recelpt J " ., - 102595-02-N '" 111~ 0: ., -< o .. · Sender: Please Pliin r. _.- ....,,,-'~ e, address,. and Z1l"+"2\. in this box"- Broujos & Gilroy. P.C. 4 North Hanover StrMt Carll.... fA 17018 11..111...111"1,'111..1111.11,111111..11,111.11,,,11111111.11 EXHIBIT I A C) '.- ~:;~ C) C) -n CJ' )," (:-.:: ,~, .- ) :.-::1 r- c:; ; HI~ _~I '" ":". ..,.,d.....' ':".'-_'-' ._.:._,..,:.,.:..-.".. -. '. ~(Iderl f'l~!le PIIn -...;,,~ - ~,~dd~and ZjP+'4 in this bpx..... --.;,......,;; --...:.., ~~.GIIt~y, P.C. 4 Noi1hHlnoyerStrHt C.r1...., 9~17Ci1a iF-' "",' lu,l\l,..Ill". 11111.,11.. ill.!t.,... ,I In 11111.., .1.,11" ,II , BENJAMIN J. PARISER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2004-5138 CIVIL DANA A. PARISER, Defendant CIVIL ACTION - LAW 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 03301(c) (x)3301(d)(I) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: October 26,2004 by ss Certified Mail, Return Receipt Requested. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: Month Day, 2005; by Defendant: Month day, 2005. (h) (1) Date of execution of the Plaintiff's affidavit required hy Section 33010 of the Divorce Code: July 29, 2005 2) Date of service of the Plaintiff's affidavit upon the Defendant: July 29, 2005. 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: August 1, 2005. (b) Date Plaintiff's Waiver of Notice was fIled with the Prothonotary: Month Day, 2005 (b) Date Defendant's Waiver of Notice was filed with the Prothonotary: Month day, 2005 . Gilroy, EsqUI Att for Plaintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 . . . . . . . . . . . . . . . . . . . . . . . . . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + . + + + + + . + + + + + + +. + + . + . . :+i :+: :+: :f:+. + . + :t: :+::+: :+: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. BENJAMIN J. PARISER Plaintiff No. 2004-5138 VERSUS DANA A. PARISER Defendant DECREE IN DIVORCE AND NOW, ~r- '7 r :z,.,ll)) IT IS ORDERED AND DECREED THAT BENJAMIN J. PARISER , PLAINTIFF, DANA A. PARISER AND , 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 ENTEREDfu,te Property Settlement Agreement dated July 29, 2005 is this Order. porated into -~ ,;,':--",. ; ...... .. , . , . . -. " . I -'v ~.. . -..... .,~ ...... -< -"'''''''. - " '. ': By -~ ... '-" '.,., . '". -..:.' '-, .~ ~- "'---~ ~'- '. ,'" ,iI}1-. '_.... \:.: ........~.."" - ROTHONOTARY + + + + + + + + + :+. ;f.:+; :+.:+. :+: :+::+:;+ +:.1' + . + + . + + + . + + + + + . + . + . . + + + . + + . . + . . + . . + + . + . . . + . + . . + . . . . + + . . . . + + + + + . . J. . . . + . . . + + + . + ++ ..h ;"'-p',;,f? ~Jt. 50. >-~ ~r~~4h"Pf} 9:'7.$ , , . .. ~." - ,~ < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA . 11 . ~~~ Plaintiff Vs FileNo. OLj--S/38 IN DIVORCE [J~ n. :p~ Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or A- after the entry of a Final Decree in Divorce dated ~. 3. ;;..ooS hereby elects to resume the prior surname of J...~ , and gives this written notice avowing his I her intention pursuant to the provisions of 54 P.S. 704. Date: <g-} -;;),-05 J!)~ n. p~ Signature fJ~ Q. JJA~ Signature of name being resumed COMMONWEl-LT~J: I'\~~SYL VANIA ) COUNTY OFClAiI'I On the .J.1... day of 111 J ~ ' 200.5, before me, the Prothonotary or the notary public, personally appea d the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ( 0 ~ ~ c iij?, ~-n ~ :s: ~ ?CJ -0',-': ~h1 ~ rrir ~ G"l ''"?',"') ~ Zi"': 89 B 0'1,':"- N -'- ::.?~; ~.. '<-:: <:; .--'1'1 C25 --- ?Z:.::' '-'" ;?=rn I>- -U J>.'c: q ~ ~ -" ~ r ~ '11 -r::: ...( - --. ..~ ~ =r "l