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HomeMy WebLinkAbout06-4075 . '.. F:\DOCS\FL\OIV\KHUDSEN,RALPH-3301c RALPH E. :KNUDSEN, PJ.aintiff IN THE COURT OF COMMON PLEAS OF CUMBERLl\ND COUNTY, PENNSYLVANIA v. NO.D~_ LJon CIVIL TERM DIANE L. :KNUDSEN, 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 Courthouse, Carlisle, PA 17013. 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. Cumberland Count v Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 Telephone: (717) 249-3166 -1- . ., fl\div\3301(clcomplaint RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01.- - 4c:t'tS CIVIL TERM DIANE L. KNUDSEN, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is RALPH E. KNUDSEN, an adult individual, who currently resides at 30 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant in this action is DIANE L. KNUDSEN, an adult individual, who currently resides at 1318 Lower Bailey Road, Newport, Perry County, Pennsylvania 17074. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 18, 1993, in West Fairview, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -2- . .. 7. The Plaintiff avers that there are no minor children born of the marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. 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 P.C.S. 54904, relating to unsworn falsification to authorities. ~ALt: ,~~ " Date: ~//D /c2aO& I STONE LaFAVER & SHEKLETSKI erald J. ekletski Supreme Court ID #40486 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff -3- .' .. ~ ^=.) ~ ~ ~ ~ '- Cl it- ~ t""" .-' r ni '- & -- '8 ~ ~ '-.-.Ct ' ~.. > , ' ".. ':b ~ R p:! ;-:~~ -."{ r"-, Dr ~,. ~ 1- fl\ctiv\KNUDSEN,RALPH-acceptofservice RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4075 CIVIL TERM DIANE L. KNUDSEN, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, DIANE L. KNUDSEN, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce filed July 19, 2006, to the above term and number. 1}OJ lcx,", D te I lj~~~~o~ DIANE L. KNUDSEN, Defendant ~ ";%t:P fi'l Z"X: m~, :..i::.".'., t;2:C 1';C' ~a 'PC;; !2 ~ ~ ~ i~ G') -0 _ :0 <=' '2.2 ~-n ~ ~6 - 5l"1" cP ::::-\ .- ""'- c..:>.'::i o:.D fl\div\KNUDSEN,RALPH RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4075 CIVIL TERM DIANE L. KNUDSEN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on July 19, 2006, and served August 1, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 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 falsifica- tion to authorities. /t) /31/Of( Datei'I ~if 7: ~~ ... RA~P E. KNUDSEN, Plaintiff ~~ (~) c::.::J -n 0..... ...;;-- S:l f',,) c;; fl\div\KNUDSEN,RALPH RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4075 CIVIL TERM DIANE L. KNUDSEN, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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. 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. 5 4904 relating to unsworn falsifica- tion to authorities. /c /:3ller; Da t'e I #J/t: ~ RAL H E. KNUDSEN, Plalntlff r-.) c~ <.:::;::..) 0'" \-) - - '_..- c- fl\div\KNUDSEN,DIANE RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4075 CIVIL TERM DIANE L. KNUDSEN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on July 19, 2006, and served August 1, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after servlce of notice of intention to request entry of the decree. 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 falsifica- tion to authorities. 10/6) / (%, Datel / ~\.\).1'Q ;Kl)n k~~"1\ DIANE L. KNUDSEN, Defendant r-.' c.-::? ..:;...> t::-- tv - -- - o -T il fl\div\KNUDSEN,DIANE RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4075 CIVIL TERM DIANE L. KNUDSEN, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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. 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 falsifica- tion to authorities. JOJ3) ]ob bate / Dl~~t6y\\>,~ o~ DIANE L. KNUDSEN, Defendant (l ~1 (:? c.r' ~) o , II I fl\div\KNUDSEN,RALPH-motiontoincorp I RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4075 CIVIL TERM DIANE L. KNUDSEN, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE Ralph E. Knudsen, Plaintiff in the above action, by his attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated October 31, 2006, into the Decree in Divorce. STONE LaFAVER & SHEKLETSKI B~ Attorney for Plaintiff Property Settlement Agreement This Property Settlement Agreement ("Agreement") is made and effective this g/~ r day of ()ch~ ,2006 by and between Diane Knudsen, 202 Walnut Street, Newport, Perry County, Pennsylvania 17074 ("Wife"), and Ralph E. Knudsen, 30 East Columbia Road, Enola, Cumberland County, Pennsylvania, 17025 ("Husband"). WITNESSETH: WHEREAS, The parties were married on September 18th, 1993, in West Fairview, Pennsylvania, and have since that time been and are now by law Husband and Wife. WHEREAS, The parties do not have minor children. WHEREAS, It is the desire of the parties by execution of this Agreemen~ to fully and for all time settle and determine all property rights of the parties, all rights of support and maintenance, all rights and claims arising out of the marriage relationship including dower, courtesy, maintenance, inheritance and homestead, together with any and all other rights existing between the parties or claims one against the other, arising out of the marriage relationship of the termination of said relationship, or otherwise, independent and regardless of the disposition, judicially or otherwise, of the marriage relationship. NOW, THEREFORE, each of the parties hereto, in consideration of the mutual promises, covenants and agreements made herein, agree as follows: Separation The parties hereto separated on or about May 15, 2006 and shall thereafter continue to live separate and apart and will not cohabitate with each other. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such a place or places as he or she may from time to time choose or deem fit. Interference From the date of signing this Agreement each party shall be free from interference, authority and control of the other, as fully as ifhe or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass or attempt to harass the other, or in any way malign the other, or in any other way interfere with their peaceful existence, separate and apart from the other. Maintenance Periodic Payments The parties agree that neither one shall be obligated to pay any spousal support, maintenance or alimony to the other, with the exception of monthly payment for the temporary maintenance of Auto and Health Insurance benefits as defi1led below. Auto Insurance and Health Insurance Husband agrees to carry Wife's Automobile and Health Insurance through December 31, 2007 or until the date of a final Divorce Decree, whichever is first. Upon a final Divorce Decree Wife acknowledges and understands that Husband can nq longer provide health insurance coverage for her through his employment nor maintain] her protection through his automobile insurance policy. Maintenance Modification The parties further agree that the obligation to pay maintenance shall be subject to modification according to state law. Division of Propertv Household Goods and Personal Effects A. Wife shall have as her sole and separate personal property, free and clear of all right, title, claim or interest of Husband, all of the following household goods, personal property, furnishings and household appliances: personal property already desigm~ted and agreed upon by husband and wife including items in second bedroom and boxes packed and stored in computer room, dresser and chest, TV, DVD, VCR, TV stand, kitchen table, kitchen chairs, one bookcase, and any wall pictures not designated as property of Husband. B. Husband shall have as his sole and separate property, free and clear of all right, title, claim or interest of life, all of the following household goods, personal property, furnishings and household appliances: all firearms, BowFlex exercise equipment, yard and garden equipment, power tools, computer, computer desk, all computer components, and remaining furnishings and contents of 30 Columbia St. not previously agreed upon by Husband to be property of Wife. C. All of the personal property and effects transferred to a party hereunder and presently in the possession of the other party shall be removed within thirty (30) days of the execution of this Agreement. Automobiles A. Wife shall have as her sole and separate property the following vehicle(s): 1993 Ford Tempo, free and clear of all right, title, claim or interest of Husband, subject to any encumbrance thereon. B. Husband shall have as his sole and separate property the following vehicle(s): 1985 Chevrolet Blazer and 1975 Ford FIOO truck, free and clear of all right, title, claim or interest of Wife, subject to any encumbrance thereon. - 2 - Real Estate The following described real estate shall be transferred to Husband free and clear of all right, title, claim or interest of Wife, subject only to any lien or encumbrances of others: Real Estate titled in the name of Husband and Wife located at 30 CoJumbia Street in Enola, Cumberland County, Pennsylvania, 17025. The parties acknowledg~ that this real property has an approximate fair market value of $ 69,900 and is presently encumbered with a first mortgage to Wells Fargo Mortgage Company with an approximate balance of $65,000. Husband shall be responsible for paying the mortgage or any other outstanding borrowing secured by this property and agrees to save Wife harmless from any and all liability, expense, cost or loss as a result of his non-payment of said!, obligations, liens or encumbrances. Encumbrances Ae:amst Prooerty A. Except as specifically provided he~ any property set aside to a party hereunder, whether real or personal, is accepted subject to existing encumbrances which that party assumes and agrees to pay. B. Both Husband and Wife herein state and contract their agreem~nt, each to the other, whereby the party receiving property subject to encumbrance ~by indemllHies the transferring party from any and all liability which such transferring ,party may suffer as a result of any default upon the encumbrance obligation. Monev Accounts. Profit..sharine: Plans and Retirement Benefits Wife shall be entitled to all of the funds in her checking account at M &. T Bank. Husband shall be entitled to all of the funds in his checking account at M &. r Bank and all of the funds in his savings account through his employer at New Cumberland Federal Credit Union. Each party shall retain as his or her separate property any interest in any pension plan, deferred profit sharing or similar benefit plan. Miscellaneous Provisions ~ Husband and Wife shall be individually responsible for any debts or bills incurred by either of them individually prior to and after the date of this A~ment. Each party specifically agrees to indemnify and hold harmless the other party 40m any loss, claim, suit of law and/or judgment which the other party might suffer by reasbn of the responsible party failing to meet his or her obligations as stated herein. Federal and State Income Tax Returns A. Parties agree that taxes will be filed separately as of the date of ~on. Until the year of a final divorce decree the parties will file ''married filing se~ly". B. The parties agree that each shall be individually responsible for the\ intangible, personal and real property taxes due subsequent to the execution of this Agre$1ent with reference to the items of property satisfied to each of them under the provisions of this Agreement. - 3 - Life Insurance Husband is presently the owner of a life insurance policy issued through his employer. After the date of this Agreement Husband may name as beneficiary whomever he chooses on this life insurance policy. Submission to Court In the event a petition for divorce, separate maintenance or annulment comes before a court of appropriate jurisdiction for trial or other disposition, tbJis Agreement may be submitted to the Court for such action as the Court may determine proper. Payment of Maintenance In the event that this Agreement is submitted to a court as aforesaid and is by such court accepted and incorporated into a decree of divorce, separate maintenance or annulment, all sums to be paid as support or maintenance hereunder shall be made in cash or by check or money order payable direct to the party entitled to receive such payments Execution of Instruments Each of the parties agrees that at any time reasonably requested, he or she shall make, execute and deliver to the other any and all deeds of conveyance, l:>ills of sale, titles, tax exemption declarations or any other instrument which may be n~ssary to carry out the terms of this Agreement or to reflect the agreement of the parties. Ae:reement Absolute This Agreement is absolute and irrevocable and, therefore, is not conditioned upon the parties hereto being divorced or upon court approval. This Agreement shall be considered to be contractual between Husband and Wife and binding as such upon them, their executors, administrators, heirs, devisees, beneficiaries, assigns and other legal representatives. Free Will Exercised Each of the parties acknowledges that this Agreement, as to each of its provisions, has been made of his: or her free will and volition and further acknowledges that no coercion, force, pressure or undue influence bas been used or exerted by or against the other party. IndeDendent Counsel and Full Disclosure The parties declare that each bas had the independent advice of his or her own counsel, or has rejected such counsel, and that each disclosed to such counsel and/or to the other party the full extent and nature of his or her assets, liabilities, income and expenses. Credit Cards The parties specifically agree that upon the execution of this Agreement, all credit cards and charge cards in the possession of each party and/or any debt assoCiated with said cards shall be the sole responsibility of each party. Nothing in this Agreement shall prevent either party from keeping or using credit cards or charge cards for which he or she is solely liable. -4- .L ' " ... Applicable Law The parties agree that this Agreement shall be construed enforced according to the laws of the State of Pennsylvania. Attornev's Fees and Court Costs Except as otherwise expressly agreed or ordered by the Court, each party shall be responsible for all of his or her individual attorney's fees and/or court costs, incurred on the negotiation of this Agreement or any enforcement or modification of this Agreement in the future. Waiver of Appeal Each of the parties waives the right of appeal of a judgment of divorce which may be granted in any action in which this Agreement is submitted to the Court and approved in its entirety . Mutual Release of Marital Ri2hts In consideration of the mutual release contained in this Section, each of the parties hereby releases the other party and his or her respective legal representatives, successors and assigns, from any claim of any kind, and specifically relinquishes any right, title or interest in or to any of the earnings, accumulations, future investments, money or property of the other, any rights of inheritance in the estate of the other, which either may have heretofore, may now or may hereafter have, except as otherwise provided in this Agreement, any rights to elect to take against the will of the other, any rights to act as executor or administrator of the will or estate of the other, any rights to receive any allowance from the estate of the other, any additional right which either party has or may have by reason of their marriage, including dower or courtesy, whether by statute, agreement or common law, and any right to receive insurance proceeds as beneficiary on life insurance on the life of the other (unless after the date of this Agreement the insured takes affirmative action to make or retain him or her as beneficiary, except those exceptions and provisions hereinabove contained). It is specifically understood and agreed that nothing herein contained in this Section shall be construed as limiting the rights of enforcement of the terms and provisions of this Agreement by either party. IN WITNESS WHEREOF, the parties hereto have signed this Agnrement upon the date first above written. Wife: Husband: l)l~~~,,~~qJ Diane Knudsen 4'~ ~~ ph E. Knudsen ~ a~~ WITNESg' s~ Nt ~. WITNESS - 5 - o t.:: ~'::~-, ~ c:;:.:> ~ d"' -"'.': ~ N - o -n ....-\ :t:-n r~1e :\~~ l\:;J :-,'\(.'?! ) ?'c; ,:.~/,1 ~ :..< ~~ ~" - - o RALPH E. KNUDSEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL DIVISION DIANE L. KNUDSEN, Defendant NO. 06-4075 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) JJ01(d) (1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service by the Defendant - see Acceptance of Service dated August 1, 2006, and filed with this Court on August 10, 2006 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by Plaintiff October 31, 2006 ; by Defendant October 31, 2006 (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: No cla~s raised 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 Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice ~n ~3301(c) Divorce was filed with the Prothonotary: . .~~ Attorney for Plaintiiff r--"' ('~~:::> .;;.::;;; c:;0 N ~ ~ - - C ...0 :Ii !f. :ti :Ii :ti :Ii !f. ;I; :Ii :Ii !f. :ti :Ii ;I; ;I; :Ii ;I; ;I; ;to ;I; ;I; ~ ~ ;I; ;I; ~ ;I; ;I; [f. :Ii :Ii :ti :Ii :Ii ;I;[f.:Ii:li :Ii:li;l;Of. :Ii:li 0f.0f. :ti ;I; ;I; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. RALPH E. KNUDSEN. No. Ofl-407'l C,i vi' T~rm Plaintiff VERSUS DJMi. L. KNUDSEN, Defendant DECREE IN DIVORCE AND NOW, jJ(}~ ~Ob , IT IS ORDERED AND ~tr DECREED THAT RALPH E. KNUDSEN , PLAI NTI FF, AND DIANE L. KNUDSEN , 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 property settlement agreement dated October 31, 2006, is but not merged, into the Decree in Divorce. o;/L PROTHONOTARY Of.;I;;tOOtO ;to :ti ;to ;I; :ti ;to ;to :Ii ;to ;to ;to ,.. ;I; ;to ;to ;to ;I; '" ;to '" ,.. ;to ;to ;to '" ~ ;to :Ii ;to ;to ;to J. :Ii '" ;to :ti ;to:Ii:ti :ti ;I;:ti :ti ;I; "':ti;l;:ti :ti :ti:ti;f.;tO ;to :ti;l;;I;:ti;l;;I; :ti'" :ti !f. '" :ti;tO"':ti;tO :Ii :Ii:ti ~ ~~ ~ts 1<7-?- C"I .~ fp ~~ ~-h ?17'J.~1 . ., f . . . \ " ; ...