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Home My WebLink About02-1274KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North FrOnt Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, Plaintiff MYRA BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil 2002 CIVIL LAW - D~VO~ 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 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 at the Cumberland County Courthouse, Hanover & High Streets, Carlisle, PA 17013. 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, PA 17013 (717) 249-3166 1-800-990-9108 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, Plaintiff v. MYRA BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil 2002 CIVIL LAW - DIVORCE/CUSTODY COMPLAINT IN DIVORCE/CUSTODY COUNT I Reauest for a No-fault Divorce Under ~3301(c) of the Domestic Relations Code 1. The Plaintiff is THOMAS BOYD, an adult individual currently residing at 22 Altoona Avenue, Apartment B, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, MYRA BOYD, is an adult individual currently residing at 301 N. Barley Drive, Duncannon, Dauphin County, Pennsylvania 17020. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 11, 2000 in Perry County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. 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, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(c) of the Domestic Relations Code. DATE: 3115/02 Respectfully submitted, K~~~' ~EWIS, ESQUIRE Attorney for Plaintiff VERiFICaTION I hereby 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. Dated: THOMAS BOYD KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, Plaintiff MYRA BOYD, We Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1Z c i vi oo2 CIVIL LAW - DIVORCE ACcEPTANcE OF SERVICE I, MYRA BOYD, the above-named Defendant, accept service of the Complaint in Divorce. DATE: MY /F ~ KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, MYRA BOYD, Plaintiff v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,, PENNSYLVANIA NO. 02-1274 Civil Term 2002 CIVIL LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on March 15, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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. Dated: THOMAS BOYD KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, : Plaintiff : : v. : : MYRA BOYD, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1274 Civil Term 2002 CIVIL LAW - DIVORCE after service decree. AFFIDAVIT OF CONSE~"~ 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on March 15, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a Final Decree in Divorce of notice to intention to request entry of the 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. Dated: MYRA KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, MYRA BOYD, Plaintiff : : v. : : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1274 Civil Term 2002 CIVIL LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 350~ (c) OF THE DIVORCE CODE 1. I consent to 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. 4. 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. THOMAS BOYD KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, MYRA BOYD, Plaintiff : : V. : : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1274 Civil Term 2002 CIVIL LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330~ (c) OF THE DIVORCE CODE 1. I consent to 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. 4. 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. Dated: THOMAS BOYD, Plaintiff v. MYRA BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1274 Civil Term 2002 CIVIL LAW - 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: Acc~ Service siqned 3/25/02; filed 4/9/0~.. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of Divorce Decree: by the Plaintiff on 7/15/02; by the Defendant on 7/12/02. All Affidavits and Waivers filed on' 7/22/02. 4. Related claims pending: The parties are requestinq that there Settlement Aqreement dated 7/11/02 be incorporated, but no~ merqed into the Decree. DATED: 7/29/02 ~ ~ 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff THOMAS BOYD, : Plaintiff : : v. : : MYRA BOYD, : Defendant : IN TME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1274 civil Term 2002 CIVIL LAW - DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT, is made this //~ day of ~/~ , 2002, by and between THOMAS BOYD ("Husband") and MYRA BO¥~ ("Wife"). WI TNE8 ~ETH: WHEREAS, the parties, currently Husband and Wife, will be obtaining a decree in divorce; and WHEREAS, by this Agreement, the parties have intended to effectuate and equitably divide their marital property and marital debts; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their lives and to settle any and all claims by one against the other or against their respective estates. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof and in consideration of the premises and of the mutual promises set forth herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties. This Agreement shall be incorporated, but not merged into the final decree in divorce. 2. FINA/qCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. No represen%ations have been made by either party to the other, or by anyone else, as to the financial status of the other except as expressly set forth in this Agreement. 3. ADVICE OF COUNSEL. Husband is represented by Kenneth F. Lewis, Esquire, who has advised him regarding this agreement. Wife is not represented and has been advised that it is in her interest to retain counsel to review this agreement. She has been advised regarding this agreement by counsel or has chosen not to seek such advise. Both parties acknowledge this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received independent legal advice, or foregone the opportunity to do so. The parties acknowledge this Agreement is not the result of any duress or undue influence and is not the result of any collusion or improper or illegal agreement or agreements. 4. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. The parties understand each has the right to obtain from the other party a complete inventory of all the property either or both parties now own or owned as of the date of separation, and that each has the right to have such property valued by appraisals or otherwise. The parties understand they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand a Court's decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Statement of the other party as provided Divorce Code. Income and Expense by the Pennsylvania c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital. d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. PERSONAL RIGHTS. Husband and Wife, may and shall, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such places as they may select. Each may, for his or her separate use or benefit, conduct and engage in any business, profession or employment as each sees fit. Husband and Wife shall not harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASES. Husband and Wife each hereby mutually release and forever discharge the other and the other's estate from any rights in or against the property (including income and gain from property hereafter accruing) of the other or against the other's estate, which he/she now has or at any time hereafter may have against the other, the other's estate or any party thereof, whether arising out of any former acts, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy 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 lifetlme conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or Territory of the U.S., or (c) any other Country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, 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. 7. PERSONAl, PROPERTY. Except as identified in the real property section below, Husband and Wife agree they have equitably divided all their personal property, of whatever nature, to each party's satisfaction. 8. AFTER-ACQUIRED PERSONAl, PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 9. REAL ESTATE. a) The parties are joint owners of the marital home located at 301 N. Barley Drive, Duncannon, Dauphin County, PA 17020. Wife is the sole debtor on the first mortgage; Both.parties are listed as debtors on the home'equity loan. b) Wife shall, solely retain the parties' marital home and shall be responsible for all costs associated with the marital home. Wife shall indemnify and defend Husband against all debts and/or monetary obligations of whatever kind regarding the property. c) Wife shall refinance or payoff in full the home equity loan as soon as is feasible, but in any event, within two years. Concurrent with the refinance or payoff, Husband shall execute all documents necessary to transfer sole ownership of the property to Wife. d) In the event Wife does not make all payments when due regarding the real property and Wife has not yet refinanced or paid off the home equity loan, the real property shall be sold, with Wife being responsible for any remaining monies owed. Wife shall keep any exceSs monies following the sale should the parties receive more than is necessary to pay the mortgage, home equity loan and costs of the sale. 10. ALIMONY, ALIMONy PF, NDENTE LITE, SPOUSAL SUPPORT. The parties hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony pendente lite and spousal support. 11. ATTORNEY'S FEES AND COSTS. The parties waive and surrender any rights and/or claims they may have to interim or final counsel fees and/or costs. 12. DEBTS. Each party represents he/she has not incurred or contracted for any debt or liability for which the estate of 'the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred, including those for necessities, except for the obligations arising out of this Agreement. 13. WARRANTIES TO FUTURE OBLXGATXONS. Husband and Wife each agree that he/she will now and at all times hereafter save harmless and keep the other indemnified from all debts and liabilities incurred by the other after the execution date of this Agreement, except as may De otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 14. WAIVER OR MODIFICATION TO BE IN NRITIN~. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. BREACH. The parties agree that if either fails in the due performance of any of his or her obligations under this Agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take all steps and execute, acknowledge and deliver to the other party any further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17. LAW OF PENNSYLVANIA This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. A~REEMENT BINDIN~ ON HEI~. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 19. INT ~E_~. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. NO W~IVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance or any other obligations herein. 21. ~EVERABILITY. If any term or provision of this Agreement shall be determined to be invalid, then only that term or provision shall be stricken and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 22. HEADINGS NOT PART OF A~REEHENT. Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. W~tnes~ " THOMAS BOYD IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE Of ~~. PENNA. THOMAS BOYD VERSUS MYRA BOYD No. 02-1274 Civil Term 2002 AND NOW, DECREED THAT Decree IN DIVORCE 7 , 2002 , IT IS ORDERED AND THOMAS BOYD , PLAINTIFF, AND MYRA BOYD , 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 attached Settlement Agreement dated July 11, 2002 is hereb~ By~ attl it: j. PR*