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HomeMy WebLinkAbout06-0350 . KENNETH D_ DEAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01.. 3~n CIVIL TERM TINA M. DEAN, Defendant : CIVIL ACTION - LAW NOTICE 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 the 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 A VENUE CARLISLE, PENNSYL VANIA 17013 (717) 249-3166 Date: / II '6J()4, M k W. Allshouse, omey J.D. # 78014 4833 Spring Road Shermans Dale, P A ] 7090 (717) 582-4006 Attorney for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 0(.. 35"0 CIVIL TERM KENNETH D. DEAN, Plaintiff TINA M. DEAN, Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE AND NOW, comes Kenneth D. Dean, Plaintiff, by and through his attorney, Mark W. Allshouse, Esquire, respectfully represents: I. The Plaintiff is Kenneth D. Dean, an adult individual who currently resides at 7 Earl Street, Boiling Springs, Cumberland County, Pennsylvania, where he has resided since May 2005. 2. The Defendant is Tina M. Dean, an adult individual who currently resides at 4027 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 16, 1984, at Mechanicsburg, Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: 1\I"61bv Mar W. Allshouse, E Attomey 1.0. # 78014 4833 Spring Road Shermans Dale, P A 17090 (717) 582-4006 Attomey for Plaintiff /. 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Kenneth D. Dean /J~J;)&- Date '11~O'-f ~ ~ ~ $ ~ ~ ... ~ '-- <>' --C\ C> a - v' G (:) ~ V ~ <i t/1 ~ S' , ::;~ ;,:"'1 -- C) - .-':; -- .~..:: ~.r: J 6~- .j5] ~ PROPERTY SETTLEMENT AND SEPARATION AGREEMENT s" . THIS AGREEMENT made this L day of ~w-. T .,2005 between Kenneth D. Dean, of Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D Tina M Dean, of Dillsburg, York County, Pennsylvania, hereinafter referred to as Wife. WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties have been living separate and apart from each other; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound it is agreed as follows: (1) It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit. (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erected. Husband and Wife agree and have entered into an agreement of sale to convey the real estate with improvements thereon erected at 124 Dorsey Lane, Dillsburg, and York County, Pennsylvania to by special warranty deed. Husband and Wife Further agree that the proceeds from the sale of the real property shall be split as follows: Husband shall receive 25% of the net profits. Wife shall receive 75% of the net profits. All costs of closing shall be split equally and shall be deducted from proceeds of the sale of the real property to determine net profit. In the event that either party contracted or incurred any debts since the date of separation in May 27, 2005, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no other outstanding joint debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: A. MBNA credit card approx $15,800.00 due Husband B. Sears credit card approx $ 4,121.00 due Husband C. Home Depot credit card approx $ 2,000.00 due Husband D. JC Penny credit card approx $ 1,747.00 due Husband Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. (4) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband will attempt to sell the Chevy Avalanche and 2 travel trailer to remove wife's name from title to both. Husband shall be responsible for all payments and insurance on the truck and trailer until sold. Wife agrees to execute a\1 documents necessary to se\1 said vehicles. (5) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of a\1 such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement sha\1 have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (6) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, and bank accounts. (7) Husband agrees to pay to Wife for the her benefit, support and maintenance, Alimony in the sum of Three Hundred ($ 300.00) Do\1ars per month for a period of36 months totaling $10,800.00 over the 3 year period; which payment sha\1 be made in monthly installments due the first (151) of each month_ Husband shall have the right to prepay the total amount less any payments already made at any time and without penalty. These payments sha\1 cease upon the earliest of the fo\1owing occurrences: (a) Death of Wife; (b) Death of Husband; or (c) Remarriage of Wife. Wife agrees that as a condition for her receipt of alimony she will furnish to Husband her 3 social security number or taxpayer identification number for tax purposes. Wife additionally agrees that these payments will be deductible from Husband's gross income and includable in Wife's gross income. (8) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any other sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (9) Each party is has the right to be represented by counsel of his and her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate may be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (II) 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 that may be reasonably required to give full force and effect to the provision of this Agreement. (12) Wife agrees, upon the request of Husband, to join in the filing of a 2005 joint federal, Pennsylvania and local income tax return. In the event that a joint return is filed, the Wife's contribution for payment shall be a sum equal to the amount of tax liability that she would have had to pay on her separate return for that year had she filed a separate return. Husband will pay the balance of the tax due on the return. Husband will bear the expense of preparing all joint tax returns and of computing the estimated tax liability of Wife on the basis of her having filed a separate return. 4 (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (14) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (16) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability , claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or rights in the nature of curtesy 5 and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (I) To take against the other's will; (2) Under the laws of intestacy; (3) To a family exemption or similar allowances; and (4) All other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania_ If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. 6 (18) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall n01 be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement (20) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) This Agreement shall bind the parties hereto, their respective heirs, executors and asSignS. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have "=_ ~lthoi' h,.", Md """ tire oby """ y"" finrt wri"". "':'W. , fry) 11- C# V~ L )ZJl~~ Witness ' g: :. Dean 1t~ 71~L . JJU~ Witness /" Tina M. Dean 7 , (" .,..... KENNETH D. DEAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-350 CIVIL TERM TINA M. DEAN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the Complaint in Divorce was duly served upon the following, by depositing a copy of the same in the United States certified mail, restricted delivery, return receipt requested and first-class, postage prepaid, as follows on January 19, 2006. Please see attached U.S. Postal Service Certified Mail Receipt and Domestic Retum Receipt. Tina M. Dean 4027 Cherokee Avenue CampHiII,PA 17011 Date: 1-/-jJ.''1P4? . .... l"'- l"'- rn l"'- rn =r Jl CJ U.S. Postal Service", CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) .-'l CJ CJ Return Receipt Fee D (Endorsement Required) CJ Restricted Delivery Fee D'"" (Endorsement Required) .., ru Certified Fee Total Postage & Fees $ =r ~ :~lJa(.~fj;;--1?7iaL~Jjnn~_---;lt/2m_.m_-__n ~:'':.O_~O~_N":n__n_nnnn__n_______?CrtlA~C.J'n____'''n___n______ City,State,ZIP+41 'r 17 -7tJ · 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 jf space penn its. 1. Article Addressed to: J:/7t:.Z Ill. U"tZ/7 -LftJ2l (!!JCm~t'-e #t'IltlG (klJ1j) //11 ;JI? /7rJII D. Is deJ1v"'Y address different lrcm Item 11 .0 Y40' If YES, enter delivery address below: O.No '':'. 2. Article Number (Ttansfer from service Iabef) PS Fo>m 3811, Februaty 2004 3~fce Type ~ertlfjed Mail 0 Express Mail o Registered 0 Return Recelpt for Merchandise o InSUred Mail 0 C.O.D. 4. R (~-Feo} Ves Domestic Return Receipt 10259S-Q2.M-1540 i 7004 2890 0001 0643 7377 ).:;c ~~~ :,-~ ( -< ( '); ---! ;":;1, KENNETH D. DEAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 06-350 CIVIL TERM TINA M. DEAN, Defendant CIVIL ACTION - LAW AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE I. A Complaint in Divorce under 9 3301(c) of the Divorce Code was filed on January 18,2006. 2. The marriage is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. / J:..JV{/ Kenneth D. Dean Date: L/ /,;J. J /0 (.. ., KENNETH D. DEAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-350 CIVIL TERM TINA M. DEAN, Defendant CIVIL ACTION - LA W AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE I. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on January 18,2006. 2. The marriage is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree VERIFICATION I, the undersigned, hereby verifY that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. tl,-~~ Tina M. Dean Date: lj, d-d... . aLP ? KENNETH D. DEAN, Plainti ff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-350 CIVIL TERM TINA M. DEAN, Defendant CIVIL ACTION - LA W WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND & 330I(d) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. 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. 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. 9 4904 relating to unsworn falsification to authorities. Date: t.j ~I /.:.><" ~~~ Kenneth D. Dean .j KENNETH D. DEAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 06-350 CIVIL TERM TINA M. DEAN, Defendant CIVIL ACTION - LA W WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND Ii 3301(d) OF THE DIVORCE CODE 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 if! 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. 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. S 4904 relating to unswom falsification to authorities. Date: 4 -);J -c& !Ji ...... '~&dJI'- ma M. Dean KENNETH D. DEAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-350 CIVIL TERM TINA M. DEAN, Defendant : CIVIL ACTION - LAW PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under S 3301(c) (3301(<1)(1)) sf the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of Complaint: Certified mail, return receipt requested, restricted delivery and first class mail on January 19,2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by S 3301(c) of the Divorce Code: by Plaintiff: April 21, 2006; by Defendant: April 22, 2006 (b)(I) Date of execution of the Affidavit required by S 330 I (d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the Notice ofIntention to file Praecipe, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: April 27, 2006 (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: April 27, 2006 Date: f/J7/{)~ k W. Allshouse, 4 33 Spring Road Shermans Dale, PAl 7090 Supreme Court I.D. #78014 (7] 7) 582-4006 Attorney for Plaintiff ~j ~-; -, .--1 '+i'f:+::+':+: :+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1= . . . . . . . . . . . . . . . . . . . . . . + + + . + + + + . + + . . + + + + . . . + + + . + . . + . . . . . . . .. :+: ' ~ ~ ~ " ~:+::+::+::+:+:+::f.:+:++:+:+:+::+::+::+::+::+::+::+:+:+:++:+:+:+::+::+::+::+::+::+::+::+::+::+: :+:+::f.:+::+::+::+::+: :+:+:+::+::+:+. :+::+::+::+::+::+::+::+::+::+::+::+:+::+: +.:+:+:+::+::+:+: :+ :+:++:+::+: +.:+:+:+::+:+:+:+:+::++:+:+:+::+::++:+:+++~ + . . . . + . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Kenneth D. Dean, No. 06-350 Civil Term Plaintiff VERSUS Tina M. Dean, Defendant DECREE IN DIVORCE AND NOW, \\\ '" 'l '2. IT IS ORDERED AND 1. 0010 , DECREED THAT Kenneth D. Dean , PLAINTIFF, Tina M. Dean 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 ENTERED; The terms of the attached Property Settlement Agreement dated August I, 2005 are incorporated, but not merged, into this Decree in Divorce. By THE COURT: An'~ '-l LW ~ !~~~ P"OCHONO","' :+:+++:+::+::+:+:+:+::+:+: . . . . . + . . . + . . . . + . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . J. .,/7(v7 f /ff"'?'1? 7174'11, ~ ""''7J!JP fty I' ~^- 4d',f{J j-~p ",?' - ,.;lc,1 ;, .~- oJe}- f1 S