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HomeMy WebLinkAbout02-0905TAMMI STRAIT, Plaintiff VS. LEWIS H. STRAIT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 65; 0 : . : CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIMS 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 ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. 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 TAKF, 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, PA 17013 7800-990-9108 TAMMI STRAIT, Plaintiff VS. LEWIS H. STRAIT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO: OOQ_ ~;~.~ : : CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF q;QLINSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumbedand County. This notice is to advise you that in accordance with [3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. TAMMI STRAIT, Plaintiff VS. LEWIS H. STRAIT, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, · PENNSYLVANIA · CIVIL ACTION-LAW DIVORCE COMPI. alxlNT 1. Plaintiff is Tammi Strait, who currently resides at 247 1/2 East Garfield Street, Shippensburg~ Cumberland County, Pennsylvania. 2. Defendant is Lewis H. Strait, is an adult individual, who currently resides at 115 Shady Road, Newburg, Cumberland County, Pennsylvania. 3. The Plaintiff has been a bona fide resident(s) in the Commonwealth for at least six (6) months immediately previous to the fding of this Complaint. 4. The Plaintiff and Defendant were married on July 19, 1997, in Shippensburg, Cumberland County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. 7. 8. The Plaintiff in this action is not a member of the Armed forces. Plaintiff and Defendant are both citizens of the United States. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court require the parties to participate in counseling prior to the divorce decree being handed down by the court. 9. The marriage is irretrievably broken. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. Date: February 1~, 2002 Respectfully submitted, Aborn & Kutnlaka'~, L.LP. Jas3n P. Kutulakis, Esquire Affomey I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 24%0900 Attorney for Plaintiff TAMMI STRAIT, Plaintiff LEWIS H. STRAIT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing complaint and divorce are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. ~4904, relating to unswom falsifications to authorities. DOq~[qt/~ Tatum/Strait/---' TAMMI STRAIT, Plaintiff VS. LEWIS H. STRAIT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 0~'-' q0cs~ ; : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE AND NOW, this~[Iday of February, 2002, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a tree and correct copy of the foregoing Divorce Complaint upon the Defendant, by U.S. Postal Service, said copy to Defendant's counsel as follows: H. Anthony Adams, Esquire 128 A East King Street, Suite A Shippensburg, PA 17257 Date: JaSon P. Kutulakis, Esquire Att%mey I.D. No: 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~4- ~}-?- 82 14:42 ID- P.~2 SEPARATION AGEEEMENT ~i~ _JllJ MADE this ...~ day of 4~tl ).002 by and between Lewi~-~l-~'~t-r~a'i~:,- ......... Ir., of Newburg, Pennsylvania, hereinafter referred to as "Husband"; and Tammy Sue Strait of Newburg, Pennsylvania, hereinafter referred to as "Wife". WHEREAS., the parties hereto are Husband and Wife having been married on 3uly 19, 1997; and WHEREAS, the parties intend to live separate and apart, and the parties are intending to file for divorce; and WHEREAS, the parties hereto have accumulated certain property throughout their marriage and wish to make a disposition thereof; and WHEREAS, each of the parties herein have been advised by independent legal counsel or have that right to be advised by independent legal counsel as to the nature and effect of a separation agreement and with said advice have determined that the following agreement is fair and reasonable and enter into the same with full knowledge of the extent of the estate of the other and their respective rights. NOW THEREFORE, WITNESSETH, in consideration of the promise and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: SEPARATION: The parties may live apart for the rest of their lives. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may for his or her separate benefit; engage in any employment, business or profession he or she may chose. MUTUAL ESTATE WAIVER: It is the intention of the par~ies hereto that from and after the date of this agreement, neither shall have any spouse's fights in the property or estate of the other, and to that end, both waive, relinquish and forebear their dghts of dower or courtesy, rights to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to be vested with letters of administration or testamentary~ and to take against any will of the other. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer and/or encumber or hereafter own or possess, real or personal property and further agree that the recording of this agreement shall be conclusive 14:42 ID= P.03 evidence to all of his or her right to do so. And the said Husband and Wife do hereby irrevocably grant, each to the other should the exercise of this power hereby given become necessary, the right and power to appoint one or more times, any person or persons, whom Husband and Wife shall designate, to be the Attorney-in-Fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waive any right of election contained in Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code, or such right in this of any other jurisdiction. DIVORCE; At such time as the parties are ready, Husband and Wife shall complete a divorce and shall each bear all expenses connected therewith, ATI'ORNEY'S FEES: Both of the parties shall bear their own attorney's fees In this matter, and both and each of the parties waive any claim against the other for any attorney's fees in this matter. ALIMONY, ALIHONY PENDENTE LITE, SPOUSAL SUPPORT, COSTS, AND EXPENSES: The parties, for and in consideration of this agreement, do hereby waive, one from the other and one to the other, any and all rights they may have to alimony, alimony pendente lite, costs, expenses and support for each other. This does not include any obligation to repay any past support. PERSONAL PROPERTY; Each party is in possession of the personal property that shall become their sole and exclusive property and they each waive the right to any and all claims for property in possession of the other or in the possession of a third party at the direction of the other, including but not limited to all automobiles, trucks and other motorized vehicles. Wife shall keep her 1997 Grand Am. All other vehicles shall become the sole property of husband. All items removed from the home by wife shall be considered her separate property except the photographs of vehicles owned by Husband which photographs have been returned to him. Wife shall also return to husband all items taken from the property her father including but not limited to a "weed eater"and various hand tools. 7. PENS[ON RZGHTS: Each of the parties waive any claims to any pensions that either may have through his or her employment or IDm P.04 otherwise, excepting to the extent that pension rights have been transferred to fulfill an alimony duty. REAL ESTATE: Wife and Husband have entered into an agreement of sale to convey the jointly owned property at 115 Shady Road, Newburg, Pa. 17240 to Husband. The net proceeds on the HUD-1 form prepared in connection with the sale shall be divided equally between Husband and Wife. The said real estate was encumbered by a 2nd mortgage to Alfirst Bank in a principal amount of about $12,450.00. Wife and Husband have paid that indebtedness in full, in an agreed to proportion, and neither will seek any further contribution, payment or offset relating to the Allfirst loan. Husband shall pay any and all loans in his name including any loans secured by vehicles. Wife shall pay any and all loans In her name Including the loan secured by' the Grand Am automobile payable to GMAC. EQUITABLE DISTRIBUTION OF PROPERTY: By this agreement, the parties have intended to effect an equitable distribution of their marital property. The parties have determined that an equitable distribution of such property conforms to a just and right standard with due regard to the rights of Husband and Wife. The distribution of existing marital property is not intended by the parties to constitute, in any way, a sale or exchange of assets, and the.distribution is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 10. DEFAULT: If either party Fails in due performance of his or her obligations hereunder, the other party shall have the right, at his or her election, to sue for damages for a breach of this agreement, or to rescind the same and seek such legal remedies as may be available to him or her. Nothing herein contained shall be construed to restrict or impair either party's rights to exercise this election. 11. APPLICABLE LAW: the laws of the Commonwealth of Pennsylvania shall govern this agreement. 12. MODIFICATION AND WAIVER: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both of the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. ID-- P.85 13. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by a signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation which action If not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this property and separation agreement or cause any new marital rights or obligations to accrue. 14. ENFORCEABILITY AND CONSIDERATION; This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties. An independent legal action may be brought to enforce the terms of this agreement by either Husband or Wife until it shall have been fully satisfied and performed. Consideration for this contract and agreement is to be found in this mutual benefit to be obtained by both parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for the mutual undertakings herein set forth is stipulated, confessed and admitted by the parties intended to be legally bound hereby. 15, WHOLE AGREEMENT: This agreement constitutes the entire understanding of the parties. It supersedes any and all prior agreements between them. There are not representations or warranties other than those expressly herein set forth. AND further the parties hereto covenant and agree that this agreement shall extend to and be binding upon their heirs, devises, executors, administrators and assigns, AND the parties hereto state that he or she, in the procurement and execution of this agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. G4-~?-G2 14:44 'rD. IN W~'NESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and year first above written, L~tness: / ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND : On this ~ ~iay of (~/'~O.l ~ ,2002, before me, a ,notary public, the undersigned officer, per~)nally appeared, To. nm', ~ ~.+. known to me, (or satisfaction proven), to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing Agreement to be his act and deed and desired the same to be recorded as such. IN WTI'NESS WHEREOF, I hereur~et my officia~hand and seal. Notary Public Ny Commission Expires: IA" NOTARIAL SEAL ] MELA A. 8WITALSKI Notary Public J ..S?)pensburg, Cum.herl~r~d Ceunty J MyL;ommission Expires Feb~ 2004 J ID= P.~)? ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND : me, (or satisfaction proven), to be the person whose name ]s subscribed to the within instrument, and acknowledged the foregoing Agreement to be her act and deed and desired the same to be recorded as such. IN WrI'NESS WHEREOF, ! hereunto set my official hand and seal. Notary Public My Commission Expires: J Notarial Seal ~ H. Anthony Adam~, No [$hlppensbur~ nv,, ~ .~ Public TAMMI STRAIT, Plaintiff VS. LEWIS H. STRAIT, Defendant IN THE COURT OF COMMON PLEAS ~. UMBERLAND COUNTY, PENNSYLVANIA NO: 02-905 CIVIL ACTION-LAW PRAECIPE TO TRANSMIT THE 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 §(3301(c)) (3301(d)(1)) of the Divorce Code 2. Date and manner of service of the complaint: US Mail. to Defendant's Counsel. 2/21/02. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by §3301(c) of the ; Date: June 11. 2002 Divorce Code: by plaintiff 5/29/02 by defendant 6/3/02 Related claims pending: NONE Complete either paragraph (a) or (b): (b) Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 6/11/02 Date Defendant's Waiver of Notice in §3301(c) Divorce was flied with the Prothonotary: 6/11/02 Respectfully submitted, Jasc Att ~'P. Kutul~'kTs, Esquire- 'ney I.D. No: 80411 204 8 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff IN THE COURT OF COMMON Tammi Strait Plaintiff VERSUS Lewis H. Strait Defendant OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLEAS NO. 02-905 civil DECREE IN AND NOW, DIVORCE :3-u..a_ ta' , IT IS ORDERED AND DECREED THAT Tammi Strai~ AND Lewis H. Strait PLAINTIFF, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. AND it is further ordered that the terms of the marital settlement agreement, dated May 9, 2002, are hereby incorporated, but not merged, with this Decree. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN TH~S ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; ATTEST: PROTHONOTARY