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HomeMy WebLinkAbout06-3990 II BRIAN E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V, NO. 2006- 39ftl CIVIL ACTION-LAW IN DIVORCE CIVIL TERM MELISSA A. LINDSAY, Defendant 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 II . BRIAN E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2006- 3tf '7D CIVIL TERM MELISSA A. LINDSAY, Defendant CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Brian E. Lindsay. an adult individual currently residing at 632 Brandy Run Road, Newville, Cumberland County, Pennsylvania, 17241-8662. 2. Defendant is Melissa A. Lindsay, an adult individual currently residing at 10 North Road, Mechanicsburg. Cumberland County, Pennsylvania, 17050-3142. 3. Plaintiff and the Defendant have been bonafide 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 August 21, 2004 in Newville, Cumberland County, Pennsylvania. 5, There have been no prior actions of divorce or for annulment between the parties as to their current marriage, 6. Plaintiff avers that the marriage between the parties is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he 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. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Michae A cherer, Esquire I.D, # 69174 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: July II ,2006 . i'- II BRIAN E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- CIVIL TERM MELISSA A. LINDSAY, Defendant CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. 1J~~ ~~ rian E. Li dsay Date: June ~O ,2006 ,~ ~ ~ <::). ~ \J .,J - ...... " ';\ ~ ~ ;:\ . ~~ ~ '\ ~ \ ,\ ~ ~ ,.;;.-' , - (,I.) - ~-? \",) ~ II II BRIAN E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. LINDSAY, Defendant NO. 2006-3990 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM ACCEPTANCE OF SERVICE AND NOW, this /8 day of July, 2006, I, Melissa A. Lindsay, Defendant above, hereby accept service of the Divorce Complaint filed in the above-captioned case. .~--_._---_.-'--_.---'...,.-.._--~~ '~~-'--------- ,~j -n ~;-l T" ~_ . v -I ( C) II BRIAN E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3990 CIVIL TERM MELISSA A. LINDSAY, Defendant CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of September, 2006, by and between Brian E. Lindsay (hereinafter referred to as "Husband") of Cumberland County, Pennsylvania and Melissa A. Lindsay (hereinafter referred to as "Wife") of Cumberland County, Pennsylvania. RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on August 21,2004 in Newville, Pennsylvania; and, R.2: There were no children born of this marriage. R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about May 4, 2006; and, R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and, R.5: Husband filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, II .. R.6: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Michael A. Scherer, Esquire and that Wife is not represented by counsel. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference, the parties hereby agree as follows: (1) SEPARATION: The parties shall live separate and apart hereafter. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. (3) REAL PROPERTY: The parties are the owners of real estate located at 632 Brandy Run Road, Newville, Pennsylvania. Wife shall transfer all of her ownership interest in the property to Husband. Husband will refinance the property in his name alone. (4) DEBT: The parties have a credit card with a balance owing of approximately $3,500.00. Both parties are obligated to repay the account. In exchange for receipt of the marital residence as set forth in paragraph three, Husband will be solely obligated to repay the balance on the joint credit card. II (5) MOTOR VEHICLES: Husband drives a 2001 Dodge Ram pickup and Wife drives a 2003 Volkswagen Passatt. Each party shall become the sole owner of the vehicle they presently drive and shall refinance any lien on the automobile into their name alone. (6) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401 K plans, and the like. (8) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. II (9) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or courtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. (10) BREACH: It is expressly stipulated that in the eventthat either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees ofthe other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. II ,. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: ~-m.6~ 6~ o1~~r: Brian E. Lindsay ~~~ .~..~ Melissa . LindSay::::::::> ~ C::;) = 0-' o ., -I I...... rn -'-' r.'. -Of,'" ~~rl (=-~i ':.?; c:: ~ ~::~ ::B ;::: \) (.:)fn C::;l ~.a -< o C) -l N 0') v ~.".. -.a.. N (..." +-- II BRIAN E. LINDSAY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3990 CIVIL TERM MELISSA A. LINDSAY, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 ee) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 13, 2006. 2. An Acceptance of Service was signed on July 18, 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.A. Section 4904 relating to unsworn falsification to authorities. Date: October ::1 ~ ,2006 ~.: r~ Brian E. Undsa ' i'....;> = = ~ C) 11 :;:J m:D r- ,"fIT: -0~J ~~~ ---I 55 -< a C"J --' l'., 0". v -~... ~ r:Y 0.) .c- II BRIAN E. LINDSAY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3990 CIVIL TERM MELISSA A. LINDSAY, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 te) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on July 13, 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. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: October tt , 2006 t ....,). I; _ .\.~,' ;t~ ~.~':~ I...... t.,\ .. ..:OJ.' .".c. .' ,,\ \ \ .~v,.." ~~\.'.~. , .~\ '.. 'I. " ,;.," " ~~.. 5~~. o r".~~ ~._.. -~..., :::'2 r--:l <= = (::1"\ o II --I ::r:..,., Mlp "TJi"Ti ',"c,C::' ~"'".' T.' (:~:~i ~-' ---"..~ 25~r; ~.:::;! :D -< o C) --; N Ol ~ ~ N 0J ~ BRIAN E. LINDSAY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3990 CIVIL TERM MELISSA A. LINDSAY, Defendant CIVIL ACTION-LAW 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: Defendant signed an Acceptance of Service form on July 18, 2006. 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 October 23, 2006; and Defendant on October 22, 2006. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 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: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER ntv-~ fVv- Michael A. Scherer, Esquire o r- '-- ;:...... ;.:~>: J'-...) c-'O) = Ci'" o -0 -t I" f11p :-9fTl ..,:10 C) .L __,~Cl ~.T: ""'''''' o C) --i N 0"> v :x: ',- ,_._M,_ ;t-ff; ....) :::':' :n .< r:-:.1 (...) C,ll ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. BRIAN E. LINDSAY, No. 2006 - 3990 CIVIL Plaintiff VERSUS MELISSA A. LINDSAY, Defendant DECREE IN DIVORCE AND Now,~-\vJJ2--1\ ,?<<>b , IT IS ORDERED AN 0 DECREED THAT BRIAN E. LINDSAY , PLAI NTI FF, AND MELISSA A. LINDSAY , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; \)0 ~ The parties' Marital Settlement Agreement dated 29, 2006 is incor orated By TH PROTHONOTARY J. ~p 2~~ ~O'Yl A)I ~fp~~ ~-n ?(/,~ ~I/ - ..#" . ~~, ,. '...." '..