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HomeMy WebLinkAbout06-2901Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERONICA L. BELL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN V. ANDREW W. BELL, NO. b& - 240/ etZ-'l -7'Z- 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. 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE 4B AVAILABILITY OFF TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. .1 1 VERONICA L. BELL, PLAINTIFF V. ANDREW W. BELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(4-2 1?01 etu4- -fz IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Veronica L. Bell who resides at 1 Bungalow Road, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Andrew W. Bell who resides at 422 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and Defendant have been bonafide residents of 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 May 29, 2000 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There was one child born of this marriage Zoe Felicity Bell, born November 24, 2000. 7. The parties have been living separate apart since January 29, 2006. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States and or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. IC 4r ), 5da Thomas D: Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint 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 falsification to authorities. Date : , "7 Veronica L. Bell ¢O C ? -n .. 3 CA y 1 c r?i VERONICA L. BELL, PLAINTIFF V. ANDREW W. BELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2901 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on May 19, 2006 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Postal Receipt attached hereto, the Complaint was received by the Defendant on May 22, 2006. Thomas D. Gould ID # 36508 ¦ 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 if space permits. 1. Article Addressed to: ANdrew u), 6c l x(22 gTeff-r f -?' 1A 107o'2 r Law CO&IPLETE THIS SECTION ON DELIVERY Street A.Sig )wn, PA 17 011 ? gent 4 61 /_ f S"???Addressee //" R eived by (Printed Nam C. t o ,?i;ry D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No W-117 i rV 14 11i t 3. Service Type Certified Mail ? Express Mail ? Registered CWReturn Receipt for Merchandise ? Insured Mail ? C.O.D. 4. PAa6l1 d flans #kWft* arft 2. Article Number 7004 2510 0007 6456 2319 (Transfer from service label) PS Form 3811, February 2004 Domestic Re`-im Receipt 102595-02-M-1540 VERONICA L. BELL, PLAINTIFF V. ANDREW W. BELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2901 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 18, 2006. 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 of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ato?/ VERONICA L. BELL VERONICA L. BELL, PLAINTIFF V. ANDREW W. BELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2901 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: VERONICA L. BELL VERONICA L. BELL, PLAINTIFF V. ANDREW W. BELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2901 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 18, 2006. 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 of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ANDREW W. BELL VERONICA L. BELL, PLAINTIFF V. ANDREW W. BELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2901 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: C?Cc d"I - AN REW W. BELL Ow - a.Qa MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of /t u. yx? , 2006, by and between Andrew W. Bell, (hereinafter referred to as "Husband") and Veronica L. Bell, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on May 29, 2000 and, separated on January 29, 2006; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each 'other; and WHEREAS, one child was born of this marriage, Zoe Felicity Bell, born November 24, 2000; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION 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 may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE 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 maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor 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, and each party hereto completely understand and agree that neither shall do nor say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 1 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. 4. AUTOMOBILES The parties owned various vehicles during their marriage. Wife is to have all right and title to the 1991 Jeep Cherokee that was totaled in an accident after separation. Wife has used the proceeds from the insurance on the 1991 Jeep to purchase a 1995 GMC Safari and shall have all right and title to the 1995 GMC Safari. Wife shall be responsible for all costs, insurance, fees, liens, maintenance and other expenses related to her vehicles. Wife shall indemnify and hold Husband harmless for all liability and expenses related to her vehicles. Husband is to have all right and title to the VW and motorcycle. Husband shall be responsible for all costs, insurance, fees, liens, maintenance and other expenses related to his vehicles. Husband shall indemnify and hold Wife harmless for all liability and expenses related to his vehicles. 5. DIVISION OF REAL PROPERTY The parties own no real estate. 6. PENSION/RETIREMENT Wife has no pension or retirement plans or accounts. Husband has a pension/retirement plan or account with Teamsters. Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 7. MARITAL DEBTS Husband and Wife accumulated marital debt during their marriage. Husband shall be responsible for all debts solely in his name and Wife shall be responsible for all marital debts solely in her name. 8. FILING OF IRS RETURN Husband and Wife agree to file separate tax returns in 2006 and in all subsequent years. 2 9. CUSTODY The parties agree to share legal custody of their child. This means that the parties shall consult with each other regarding the major parenting decisions affecting the child's health, education and welfare and each parent has a right to the child's medical and educational records. The parties have agreed to share physical custody alternating weekly custody of their child. Thanksgiving, from 11:00 a.m. until 8:00 p.m., is to alternate yearly with Wife having the child in ever years. Christmas is to be alternated and split with segment A from the 24th at 1:00 p.m. until the 25th at 1:00 p.m. and segment B from the 25th at 1:00 p.m. until 1:00 p.m. on the 261''. Husband will have the child in segment A in even years. The parents understand the need to be flexible and modify the schedule to accommodate changes in work schedules, vacations, events and the child's various activities. 10. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Husband and Wife hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 11. DIVORCE Wife filed complaint in divorce Cumberland County Court of Common Pleas, docket No. 06-2901 CIVIL TERM on May 19, 2006. The parties agree to cooperate with each other in obtaining a final divorce .of the marriage. Each party, upon expiration of the mandatory 90-day waiting period, shall sign the documents necessary to complete the divorce. It is agreed that the parties shall execute and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. The terms and conditions of this agreement shall be bidding on the parties in any divorce action and shall survive the issuance of the decree in Divorce. Each party shall be responsible for their respective attorney fees and costs. 12. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated, not merged, into any subsequent Decree in Divorce. 13. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, titles, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 3 14. 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 17.- BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFICATION AND WAIVER 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 formalities 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. 4 19. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 20. 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. 21. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 22. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties 16L Wi ness Date Idl?jo? less Date set their hands and seals 114 0/2 " Andrew W. Bell Veronica L. Bell 5 c"? ?' ? C" c.?a ' - _?;;:?' _ -.? r?s, C '? ?...' i.1 C. ? VERONICA L. BELL, PLAINTIFF V. ANDREW W. BELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2901 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: On May 22, 2006, U.S. Mail, Restricted Deliver. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, December 21, 2006; By Defendant, December 8, 2006. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on January 2, 2007. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on January 2, 2007. Thomas D. Gould, Esquire c r mr ---?? . 71 co f7l i Cn a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VERONICA L. BELL, Ti w =i`'` " ' Plaintiff VERSUS ANDREW W. BELL, Defendant NO. 2006-2901 CIVIL TERM DECREE IN DIVORCE AND NOW, ? `B, G\p U 2p0? , IT IS ORDERED AND DECREED THAT VERONICA L. AET,T. PLAINTIFF, AND ANDREW W. BELL ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; NONE The Marriage Settlement Agreement dated December 8, 2006 is hereby incorporated into this Decree in Divorce. BY T E COURT: ATTEST: J. ocy-we Omar PROTHONOTARY 2 - ?a ?!- .7k