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HomeMy WebLinkAbout02-1356RICHARD E. MARTIN, JR., Plaintiff vs. NANCY L. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth iht 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 annulmem 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 yo~, 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 Court Administrator, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLA1M ANY OF THEM. YOU SHOULD TAK~ 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. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House 1 Court House Square Carlisle, PA 17013 (717) 240-6200 AvISO PARA DEFENDER Y RECLAMAR DERECHOS Usted ha sido demandado en la corte. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin used y decreto de divorcio o anulamiento puede ser emitido en su contra pot la Corte. Una decision puede tambien set emitida en su contra pot cualquier otra queja o compensacion reclamados por el demandante. Used puede perder dinero, a propiedades u otros derechos importantes para usted.. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, used puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esha disponible en la oficina del Court Administrator, Cumberland County Court House, Carlisle, Pennsylvania. SI USED NO RECLAMA PENSIONI ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMI~O SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR AUALQUIERA DE ELLOS. USTED DEBE L!.F. VAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICrNA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House 1 Court House Square Carlisle, PA 17013 (717) 240-6200 RICHARD E. MARTIN, JR., Plaintiff VS. NANCY L. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff, Richard E. Martin, Jr., is an adult individual who currently resides at 275 Carlisle Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Nancy L. Martin, is an adult individual whose residence is 201 Backer Road, Beaver Dams, New York 14812-9998. 3. Plaintiffhas been a bona fide resident of the Commonwealth for a period of six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on July 14, 1990 in Lindley, New York. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. WHEREFORE, Plaintiff respectfully represems this Court to enter a decree in divorce. R~-~h B. P~y PINSKEY & FOSTER 121 South Street Harrisburg, PA 17101 (717) 234-9321 (717) 234-7832 (FAX) Attorneys for Plaintiff VERIFICATION I, Richard E. Martin, Jr., verify that the statements made in this Divorce Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements made herein are made subject to Pa.C.S.A. §4904 relating to unswom falsification to authorities. Ri'chard E. Martin, Jr. RICHARD E. MARTIN, JR., Plaintiff VS. NANCY L. MARTIN, Defendant To: Curtis R. Long, Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1356 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PREAECII~E Withdraw my appearance in the above captioned matter as attorney for Plaintiff. e ~-"~l~lfl'ph B. P'inskey,'Esquire / Enter my appearance as attorney for Plaintiff. Date Michael A. Koranda, Esquire CERTIFICATE OF SERVICE AND NOW, this~day of ~'"tJ~x./~ ,2002, I, Michael A. Koranda, Esquire, attorney for the Plaintiff, hereby certify that I served the within PRAECIPE this day by: U.S. Mail, first class, postage prepaid, addressed to: William R. Stokes, II, Esquire COX, STOKES & KOVALCIK, P.C. 19 Central Avenue Wellsboro, PA 16901 (Attomey for Defendant) Ralph B. Pinskey, Esquire PINSKEY & FOSTER 121 S. Front Street Harrisburg, PA 17101 MICHAEL A. KORANDA RICHARD E. MARTIN, JR. Plaintiff, V. NANCY L. MARTIN, Defendant. 19,2002. 2. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1356 (Civil Term) AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on March The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi:om the date of 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 unsworu falsification to authorities. Date: RICHARD E. MARTIN, JR. : Plaintiff, : : V. : : NANCY L. MARTIN, : Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1356 (Civil Term) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 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 ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: RICHARD E. MARTIN, JR., Plaintiff VS. NANCY L. MARTIN Defendant : IN THE COURT OF COMMON PLEAS : : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO.02-1356 (Civil Term) : : AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 201(c) of the,Divorce Code was filed on Date 2. The marriage ofplalntiffand defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. 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 falisification to authorities. DATE: Nancy-E.~Mart=m3efenc~ant '---'a.----- - COX, STOKES & KOVALCIK P.C. · A'I-I'ORNEYS AT LAW ,, WELLSBORO, PA RICHARD E. MARTIN, JR., Plaintiff VS. NANCY L. MARTIN Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO.02-1356 (Civil Term) .' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 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 I 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 ifI am the Plaintiff. IfI am the Defendant I understand I need to contact the Prothonotary to request a certified copy of the Divorce Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. DATE: Nancy-L.hMart~n(~3e£endant COX, STOKES & KOVALCIK P.C. * ATTORNEYS AT LAW ~' WELLSBORO, PA RICHARD E. MARTIN, JR. Plaintiff, NANCY L. MARTIN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1356 (Civil Term) AFFIDAVIT OF SERVICE COUNTY OF DAUPHIN : : SS: COMMONWEALTH OF PENNSYLVANIA : I, Michael A. Koranda, Esquire, being duly sworn according to law, hereby deposes and says the following: 1. On April 8, 2002, the Complaint in Divorce in the above-captioned matter was served on the Defendant, Nancy L. Martin, by certified mail restricted to the Defendant at her address of 275 Carlisle Avenue, Enola, PA 17025, as evidenced by the return card attached hereto as Exhibit "A" and incorporated herein. / MICHAEL A. KORANDA SWORN TO and subscribed before me this ~'~Xo f-a~fi~.~ 2002. Richard E. Martin, Jr. : VS. : Nancy L. Martin : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-1 356 CIVIL TERM 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 §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified mail, restricted delivery Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divome Code: by plaintiff 09/19/2002 ; by defendant 09/19/2002 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 09/27/2002 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 09/27/2002 Attorney for Plaintiff / Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this//~'~ay of September, 2002, by and between RICHARD E. MARTIN, JR., hereinafter referred to as Husband, and NANCY L. MARTIN, hereinafter referred to as Wife; WITNESSETH: WHEREAS, Husband and Wife were married to each other on July 14, 1990, in Lindley, New York; and WHEREAS, the marriage produced no children; and WHEREAS, the parties separated on or about September 8, 2001; and WHEREAS, it is the intention of Husband and Wife to live separate and apart, and Husband and Wife are desirous of settling fully and finally the respective financial and property rights as between them. NOW, THEREFORE, in consideration of the promises, mutual covenants and undertakings hereinafter set forth, Husband and Wife, each intending to be legally bound hereby, agree as follows: 1. It shall be lawful and permissible for each party at all times hereafter to live separate and apart from the other party at such places he or she may from time to time choose or deem fit. This provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry COX, STOKES & KOVALCIK P.C. · ATTORNEYS AT LAW ° WELLSBORO, PA out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, or compel the other to cohabit with the other, or in any way harass or malign the other. 2. This Agreement shall not be considered or construed to affect or bar the right of Husband or Wife to an absolute divorce on lawful grounds, if such grounds now exist or shall exist hereafter, or to such defenses as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree obtained, but shall remain in full force and effect and the parties specifically desire that this Agreement shall be incorporated into but not merge with any Decree or Order of Divorce issued by any Court of competent jurisdiction. This Agreement is not intended and shall not be deemed to be a condonation on the part of either party hereto, or any act or acts on the part of the other party which have either occasioned the matters or unhappy differences by reasons of which the parties have separated, or which have occurred prior or subsequent to the date on which the parties separated. 3. By executing this Agreement, the parties certify that all of their rights under the Pennsylvania Divorce Code, Act 206 of 1990, and other relevant Pennsylvania laws, have been explained to them by their respective attorneys. This includes any and all claims for equitable distribution of marital property, alimony, alimony pendente lite, counsel fees, expenses, costs and spousal and child support. The parties certify that they have made an equitable distribution of all property rights as set forth herein, and agree that they will make no further claim or claims against the other, other than with respect to the agreements expressly set forth herein. 4. Each party does hereby unconditionally remise, release, quit claim and forever discharge the other, for all time to come and for all purposes whatsoever, of and from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. This release shall be effective regardless of whether such claims arise out of COX, STOKES & KOVALCIK P.C." ATTORNEYS AT LAW - WELLSBORO, PA any former acts, or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws of the Commonwealth of Pennsylvania or of another state, or the right to take against the other's will, or the right to treat a lifetime conveyance as testamentary, and all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or of another state, or the right to alimony, alimony pendente lite, costs, counsel fees, expenses, present, past and/or future support and/or maintenance or any right of a similar nature, it being the intention of the each party to give to the other and to his or her estate a full, complete and general release against any and all actions, suits, claims, demands and proceedings of any nature and kind whatsoever, except for the provisions of this Agreement. 5. 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. 6. The parties agree to execute, notarize as necessary, and deliver any and all documents and papers which the other may reasonably require in order to give full force and effect to the terms and provisions of this Agreement. Such documents shall, if possible, be executed at the time of execution of this Agreement; otherwise, such documents shall be executed as soon as reasonably possible. 7. Each party represents and warrants to the other that neither one has contracted or will contract any debt or debts, charges or liabilities whatsoever, for which the other or their property or their estate shall or may be liable and they covenant that they will at all times keep each other free, harmless and indemnified, including attorney's fees, against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by either of them, except as expressly provided in this Agreement. COX, STOKES & KOVALCIK P.C. · AI-rORNEYS AT LAW ° WELLSBORO, PA 8. The parties have made a fair and equitable division and distribution of marital property and, by executing this Agreement, confirm that they have, in fact, done so. Such division is as follows: A. Each party shall be the owner of his or her clothing and personal effects. B. Each party will be the owner of the personal property in his or her possession. C. Each party does hereby release and relinquish any ir~terest that he or she may have in the other's pension, IRA, 401(K), or other retirement plan or asset. D. Each party has considered filing a Petition in Bankruptcy and has sought and received legal counsel as to the same. 10. Husband and Wife hereby agree that they have entered into this Agreement after fair and full disclosure by each party to the other. Both parties agree that they have full knowledge of the income of the other, as well as the nature, identity and value of all property, both real and personal, owned by the other and/or acquired during marriage, as well as all property acquired by the other prior to marriage. 11. Wife is being represented by Cox, Stokes & Kovalcik, P.C., and Husband is being represented by Tomasko & Koranda, P.C. Both parties have read this Agreement, understand the terms and provisions of the Agreement and the effect thereof, and voluntarily elect to be bound by the terms and conditions of this Agreement. 12. So long as any obligation remains to be performed pursuant to the COX, STOKES & KOVALCIK P.C. · ATTORNEYS AT LAW ° WELLSBORO, PA provisions of this Agreement, each party shall keep the other apprised of his or her residential address and telephone number. 13. 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. 14. If either party should breach or fail to comply with any of the terms of this Agreement, then the breaching party shall additionally be liable to the non-breaching party for all reasonable costs and expenses, including but not limited to attorney's fees and expenses, incurred by the non-breaching party in protecting and enforcing his or her rights under this Agreement. 15. Any 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 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. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. MARTIN, Jl~ "' COX, STOKES & KOVALCIK P.C. · A'rTORNEYS AT LAW ° WELLSBORO, PA COMMONWEALTH Of PENNSYLVANIA ) SS COUNTY OF DAUPHIN ) Before me, the undersigned authority, personally appeared RICHARD E. MARTIN, JR., known to me (or proven) to be the person whose name is subscribed to the foregoing instrument, and upon oath acknowledged that he executed the foregoing document for the purpose and consideration therein expressed. Subscribed and sworn to on this lcrt~ day of ~__~)-., 2002. I sram' .... I bor,.,h ,_N0tary I mersney, uaupnin [.;ounty COMMONWEALTH OF PENNSYLVANIA ) / My Commission Expires Au~. 'SS COUNTY OF TIOGA ) Before me, the undersigned authority, personally appeared NANCY L. MARTIN, known to me (or proven) to be the person whose name is subscribed to the foregoing instrument, and upon oath acknowledged that she executed the foregoing document for the purpose and consideration therein exp,r~ed. Subscribed and sworn to on this ~ day o~, 2002. Notar~ublic IF ......NOTARIAL SEAL ~,~:,E S ~o^~ ~CK~rr, ~ ~i COX, STOKES & KOVALCIK P.C. · ATFORNEYS AT LAW · WELLSBORO, PA RICHARD E. MARTIN, JR. VERSUS NANCY L. MARTIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~, PENNA. 02-1356 NO. AND NOW, DECREED THAT AND Decree iN DIVORCE RICHARD E. MARTIN, JR. NANCY L. MARTIN ~~ IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOILS) ~ THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BeeN entered; ~~ The attached Marital S~ttlement A~eement dated 09/19/2002 is incorporated (but not merged) into this D~ BY THE~ ATTEST: J ( ~/ I~:)TH O NOTARY