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HomeMy WebLinkAbout02-1800 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY D. GREEN, v. NO.2002- /.rw CIVIL TERM MICHAEL T. GREEN, Defendant 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 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 (717) 249-3166 " KELLY D. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002- ) f~ CIVIL TERM MICHAEL T. GREEN, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301 eC) AND 3301 (0) OF THE DIVORCE CODE 1. Plaintiff is Kelly D. Green, an adult individual who currently resides at 7 Pine Road, Apt. 503, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Michael T. Green, an adult individual who currently resides at 88 Smith Road, York Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 25, 1987, in Camp Hill, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~er 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 DATE: L(. r~ . .0 L mas.dir/domestlc/divorce/green.com :'1 !, I! I VERIFICATION I verify that the statements made in the foregoing 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. DATED: 0. ~(\: 0 1 () o~ r% v, ~G -- @ (") 0 0 C 1'0 ~1e: ~ :?" ;t.>o ,,"-- ---j m:::G -'0 :1:_.. , z~B :;;0 '-,-'~ R :z:r-- tJr1 (f) '"!;c. ,',r.::J ~<;;' C,) ..1.) r:b :< -0 ~~~ ~o :3: )>0 .. C N ()m ...0 ~ .~ ~ <", 0'\ ? r'-' -< G- O 6 ~ t f KELLY D. GREEN, Plaintiff IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW MICHAEL T. GREEN, Defendant NO.2002-1800 CIVIL TERM CIVIL ACTION-IN DIVORCE DEFENDANT'S 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 11, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on April 13, 2002. 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 CiI 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. Date: bPr, I o:L. \ili~it v Micl:l. Green g Cl l-:; f" --n ? r::::l -orp rrl rolf: ,::-l z-' 1 ~i , r.-'. (.~) ';~(~; 2t'. /' " .,., : .or" ~ ~C >_ -r"1 ~,. >; c') ~:o:-t--r.\ 50 ~ ~ c: ~ (]'I ~ ....l -< v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.-LAW NO.2002-1800 CIVIL TERM CIVIL ACTION.-IN DIVORCE KELLY D. GREEN, Plaintiff MICHAEL T. GREEN, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 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 11 , 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 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. 5. 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. 6. 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 Ll (\l \ J O() Keliy~Men~-:fv - Dat0.e~ I O~ M ike/DomesticlDivorce/G reen .aft o C :?"' -cf;;: gj4 ~s; !:=;f~' ;E:,--, Ze, Pc z -;J -" c::> N c::J :'1 n l) "1 (7' :0- -;,.... -"" ~.:;? .':::--Ij . .~ ?~:) ,":;iTl ~::I ..". :.v -< 5 KELLY D. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MICHAEL T. GREEN, Defendant NO. 2002 - 1800 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: The defendant signed an Acceptance of Service form on December 3,2002. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on December 16, 2002; and Defendant on December 3, 2002. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: N/A. 2002. (2) date of service of the Plaintiffs Affidavit upon the Defendant: April 11 , 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, Mict!l1!~qUire (') ~.;; -n1~;. ~- ... ~ I:pL: oIf....~ ._' ~ ~~-~ -<. ~:t ~~3 ?.: --l -- ........ c:. I'..:J ~ "., - ') \0 :..) c::) :0 -< " KELLY D. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002- 1800 CIVIL TERM MICHAEL 1. GREEN, Defendant CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2o-t;! day of Jum~, 2002, by and between Kelly D. Green, hereinafter referred to as "Wife", and Michael 1. Green, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on April 25, 1987, and have been separated since February 9, 2002; and, WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 2002-1800 Civil Term by complaint filed on April 11 , 2002; and, WHEREAS, the parties are the parents of Mitchell 1. Green, born January 25, 1988 and Kristen D. Green, born December 15, 1990; and, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective 1 Ii Ii I i financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the sElttling of any and all claims or possible claims of one against the other or against their rE!spective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under thE3 Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code. Both parties shall execute and filE! the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Wife's counsel shall withdraw Wife's claim for economic relief. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective I'ights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is unmpresented in this matter, but husband understands that he has the right to employ counsel of his selection, which counsel could advise husband of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under thl3 Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 3 4. TANGIBLE PERSONAL PROPERTY Husband recently paid off the indebtedness, totalin9 approximately $6,000.00, on wife's 1997 Chevrolet Blazer. Wife shall become the SOIH owner of the 1997 Chevrolet Blazer, and husband shall become the sole owner of the 1994 Dodge Dakota pickup truck he currently drives. Each party will be responsible for any obligations associated with their respective vehicle. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE: The marital residence is located at 88 Smith Road, York Springs, Cumberland County, Pennsylvania. Husband shall refinance all of the indebtedness on the marital residence in his name alone. Thereafter, he shall become the sole owner of the marital residence and Wife shall, concurrent with the receipt of $45,000.00 from Husband, sign a Deed transferring all her right, title and interest to the real estate to Husband. B. WAIVER OF RETIREMENT BENEFITS: V\/ife has no retirement benefits. Husband has a retirement plan with the Commonwealth of Pennsylvania, which value is unknown to wife. Nevertheless, Wife relinquishes all right, title and interest in Husband's retirement and Husband shall be the sole person with an interest in said retirement.4 Ii I Ii I I C. INTANGIBLE PERSONAL PROPERTY: The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies and all other such types of property. The parties hereby agree that all such intanQlible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. DEBTS AND OBLIGATIONS The parties represent and warrant that, aside from their mortgage on the marital residence, they are debt free. Furthermore, each party represents that they have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 7. INDEMNIFICATION Both parties covenant, warrant, represent and agrel3 that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and 5 Ii all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under thE~ Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arisin9 from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 6 Ii Ii J I 10. BREACH If either party to this Agreement resorts to a lawsuit: or other legal action pursuant to the provisions of the Divorce Code or otherwise to lenforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed, or has had the opportunity to be so informed, and is familiar with and is cognizant of the wealth, real and/or 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 or her entirE! assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT This Agreement constitutes the entire understandinl;:j of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 7 Ii 14. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 and effect. 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 20. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 8 Ii . . 21. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 22. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony or other post-divorce spousal maintenance or support. 22. PROVISIONS AS TO CHILDREN A. CHILD SUPPORT: The parties have reached and informal agreement regarding child support, and either party may, at any time, file an action in the Domestic Relations Office to establish a formal support obligation bE~tween the parties. B. CUSTODY: The parties have informally resolved the custody of their children, and either party may, at any time, file an action in the Court of Common Pleas to obtain a formal custody order. ".,,~~ Micha WITNESS: mas.d i r/domestic/d ivorce/g ree n .ag r o c ~:,~{ ~; \.~) 0~-1. ~~~:, ~'0 J I CO-) t~) ! ; >10" =~ :,.' (:) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Plaintiff IN THE COURT OF COM1MON PLEAS OF CUMBERLAND COUNTY KELLY D. GREEN PENNA. STftTE OF 2002 - 1800 No. CIVIL VERSUS MICHAEL T. GREEN I II Defendant DECREE IN DIVORCE Z3~ DECEMBER. 2002 AND NOW, , IT IS ORDERED AND KELLY D. GREEN DECREED THAT , PLAI NTI FF, MICHAEL T. GREEN 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 PARTIES' MARITAL SEITLEMENT AGREEMENT DA'rED JUNE 20, 2002 IS INOORPORATED HEREIN AS A FINAL ORDER OF Q){JR.'r. By THE COURT' L 4, '" J. PROTHONOTARY ~ ~~~~ ~~~~~~ _~g ~I ~u, ['O'E"I ~ ~ ~ ~~-,rP &/-E'.I . . .. ,. ,.J ,.,.,.,... " :,. < ' J,