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HomeMy WebLinkAbout06-1897 DONALD C. SIMMONS, Jr., Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NOct ll97 CIVIL TERM DEBRAANN SIMMONS, Defendant : IN DIVORCE 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. Ajudgment 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE ORANNULMENTlS 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0<" .Ji'i7 CIVIL TERM DONALD C. SIMMONS, Jr., Plaintiff DEBRAANN SIMMONS, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(C ) OR (D) OF THE DIVORCE CODE Plaintiff, Donald C. Simmons, Jr., by his attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Donald C. Simmons, Jr., is an adult individual residing at 109 Pearl Drive, Carlisle, Pennsylvania 17013. 2 Defendant, Debraann C. Simmons, is an adult individual residing at 1934 Jody Lane, Carlisle, Pennsylvania 17013. 3 The parties were married on June 4,1994, in Cumberland County, Pennsylvania. 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301 (c) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 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, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. r;: 7 L~<- l /{/ ('i .. I c/, -.-------. Lindsay D( aird, Esquire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 / ,,/. I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS S4904 relating to unswom falsification to authorities. ., ,~0.~ Donald C. Simmons, Jr., Plaintiff .. w""'\ ?.r U) €1~1r ~~ ~i? ~!-~ (,~: j::: LL c) .'" ~ \)n& Ie) ^ -fI-- ~ ~~ -- ~~~~ PROPERTY SETTLEMENT AGREEMENT TIllS IS AN AGREEMENT made this).. '1~ day of n14A IJ/A , 2006, by and between Donald C. Simmons, Jr., of109 Pearl Drive, Carlisle, Cumberland County, Pennsylvania,(hereinafter referred to as Hll'lband) and Debraann C. Simmons, of 1934 Jody Lane, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on June 4, 1994, in Cumberland County, Pennsylvania; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since January 31, 2005; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; 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 fina1 settlement of all of those rights and obligations under said Divorce Code; and NOW, TIffiREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof; the parties agree that 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: I. SEPARATION. 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-ta-time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement and as may be necessary to exchange information that pertains to the parties' minor child. 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. 1 2. REAL ESTATE. Husband and Wife jointly own the marital residence located at 1934 Jody Lane, Carlisle, P A 17013. The marital residence presently has a mortgage in favor of Citizens Bank, account number 00006050654943. Wife shall pay Husband $11,240.00 for his equitable interest in the marital home. Husband shall deed any rights, title and interest he has in the marital residence to Wife at such time as Wife refinances/assumes the mortgage. Wife shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the marital residence. Wife shall indemnifY and hold Husband hannless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances. With regards to a condominium located at 1422 Bradley Drive, Unit C 114, Carlisle, Pennsylvania, Husband shall deed any rights, title and interest he has in the property to Wife. Wife shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the condominium. Wife shall indemnity and hold Husband harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances. 3. AUTOMOBILES. Husband shall have as his sole and exclusive property, title to and possession of the 2004 Acura MDX. Wife shall have as her sole and exclusive property, title to and possession of the 2001 Volvo S80. Each party shall indemnifY and hold the other hannless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as hislher sole and exclusive property. 4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewehy, clothing, furniture and other personal items. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 5. PENSIONIRETIREMENT PLANS. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 2 6. DEBTS. The money Wife shall pay to Husband in paragraph 2 above represents not only Husband's equity in the residence but also settlement of all marital debt between the parties. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or hislher estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or hislher property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 7. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 8. CUSTODY AND CHD..D SUPPORT. The parties shall share equally legal and physical custody of their child, Joshua Alexander Simmons. The parties shall agree on times for each's periods of custody. Husband shall pay Wife $300.00 each month for support of their son. Husband shall provide for health insurance coverage for their child until such time as Wife is able to do so. 9. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. DNORCE. The parties agree that should either party file a Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code, then both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c) of the Divorce Code including waiver of all rights to request Court ordered counseling. It is agreed and understood between the parties that in the event a divorce proceeding is filed by either party in any other jurisdiction, that the parties shall not contest, but instead consent to such proceedings and shall execute any and all documents necessary so as to proceed with and obtain an absolute and fina1 divorce. II. INCORPORA nON INTO DECREE. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all ofits 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 of the 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 3 of this Agreement or the substance of the provisions thereof, may be incorporated by refereoce 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. MUTUAL RELEASE. Husband 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 curtesy of 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 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 under this Agreement or for the breach of any provision thereof. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 14. ADDmONAL INSTRUMENTS. 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 reasonable required to give full force and effect to the provisions of this Agreement. 15. MODIFICA nON OR WAIVER. 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. 4 16. ENTIRE AGREEMENT. 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. 17. SEPARAlE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 18. BREACH. 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 oflega! 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. 19. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. INVALIDITY OF PROVISIONS. 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. 21. BINDING NATURE. 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. 5 . . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COMMONWEALTH OF PENNSYLVANIA ..~=L r COUNTY OF CUMBERLAND On this the~ day of It( a, e.-1 . 2006, before me, Lindsay D. Baird, the undersigned oflicer,per&l)nally appeared Donald C. Simmons, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, In witness whereof, I hereunto set my hand and official seal. EAL) Notarial Seal Undsay D. Baird. Notary Public CamsIe 8010, Cumbertand County My Corm1ission Expires Oct. 21. 2006 . ~=:S;:j~ ~braann C. Simmons COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the 14'1!-dayof111...aJUh 2006, before me. rJito/1. t1Al1J1dU&M ,the undersigned officer, personally appeared Debraann C. Simmons, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, In witness whereof; I hereunto set my hand and official seal. ~~ ,S~~ No Public : ss: Notarial Seal Nicole M. Sanderson, Notary Public Hampden Twp.. Cumberland County My Commission Expires Oct. 2. 2006 Member, Pennsylv8maAssoctatJon ofNotanes 6 n ~~~, '-" 1"-__"1 t..:':';;) , , cr~ '.J " -, T-n l11l:" c.," C ' I .!.- -r-J " (~) Co'- ; .. '. DONALD C. SIMMONS, Jr., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-1897 CIVIL TERM DEBRAANN SIMMONS, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly swom according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Debraann Simmons, by Certified Mail - Retum Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on April 6, 2006, ~ Sworn and Subscribed to before me this! '2,.. day of July, 2006. L Notary Public N.xmll Seal Public Niven J. BalrdC' ';;:"~d County ~ Carlisle Boro. u. 2 2006 My commission expires Nov. . h .........,...........I.,.~./ ""M....!"'i~t_,onofNotarieB Mt:lm.~r,.. .. ",'."m'.,"""..~~~..~... > ".._.,'" . . CompIIle Ilem8 1, 2, end 3. AIao complete 118m 4 W FIe8lllcl8d DelIvery 18 deIiNd. . I'rInl your Il8I118 end Dhe8 on the III _ we cenl8bm the card to you. . AlIIIch this card to the bBck of the maIIpIece, or on the front W tIpecll permits. 1.__\0: m~. OdJraa.nn &"-ttMS , /&131- Jb~ ,Lcv.,<- 'CGtf"""h $l(. a, I~-I '? Agent - Nome) C. DIIII of DoIMIry '~/I(rAf.& 4-r"...<>(, D.Io~__"""'lIoml? c_ KYE8,......~-- CNol 2. ArIIcle_ '"*'""--... PS Fonn 3811 , February 2004 a.~: MIll [] ~M111 110, ..d )iI:1IounllocllplfcrMo..A..- [] __ [] C.O.D. 4. _uw DoIIvory'/ /&fill Foe} _ 7004 1350 0003 7284 8952 ~ Rolum RoooIpI ,............,.... I , (j \:~ ~. ,:;'1" n- ( c <. DONALD C. SIMMONS, Jr., Plaintiff : IN THE COURT OF COMMON PLEAS OF . : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-1897 : IN DIVORCE CIVIL TERM DEBRAANN SIMMONS, Defendant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 April 3, 2006. 2. Defendant acknowledged receipt and accepted service of the Complaint on April 6, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to author' 'es. Date: l - I ~ - 0 v Debraann I s, Defendant :::i ~ L , '^ c DONALD C. SIMMONS, Jr., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-1897 CIVIL TERM DEBRAANN SIMMONS, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 April 3, 2006. 2. Defendant acknowledged receipt and accepted service of the Complaint on April 6, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. \:\ Dote, of,,!,. . j~('.L#-, Donald C. Simmons, Jr., Plainti L, .~ ,':'1 C,) ( r-;':, DONALD C. SIMMONS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-1897 CIVIL TERM DEBRA ANN SIMMONS, Defendant : 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 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: April 6, 2006, certified mail, restricted delivery, return receipt. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: July 13, 2006; by Defendant: July 13, 2006. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: Vu- fcJ' /~ a?~ Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: VLN~ /A)/ ,,:J~ / --..." Lindsay Dar aird, Esquire Attorney for the Plaintiff !'-<' ~.~~ c, :~ r" ~ "~ ::=- -T::' r~._ { . . . . . . . . ~~ ~~~ ~ ~~ ~ ~ ~ IN THE COURT OF COMMON PLEAS . . OFCUMBERLANDCOUNTY . PEN NA. STATE OF lX.WUD c. SIMMONS, JR. . . Plaintiff NO. 06-1897 VERSUS DEBRAANN SIMMONS Defendant . DECREE IN DIVORCE -~~ IT IS ORDERED AND . . . AND NOW, . . IXNALD c. SIMMONS, JR. DECREED THAT , PLAINTIFF, . . AND J:)EBRAANN SIMMOOS , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOL.LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; \..bAe.. 'file Property Settlement Agreement is incorporated but not merged into the . ,.; Of :+. 'f decree . . . ROTHONOTARY ~ . . . . . -- . . . . ;+:'f.'f.i+:'+i+'", . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' * ~ ~~ 'PON ~ if" .2 rtr."" t.w rP 'J{1- oe L . ' ":t ..".,.~ .. .... )l . lit. ........ ..