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HomeMy WebLinkAbout06-4830 . Thomas D, Gould, Esquire LD, It 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 JOSHUA L. HOUSEAL, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 0& - '-/8"30 cl.d fuAA.. DANIELLE R. HOUSEAL, 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. 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 Q[ AVAILABILITY Q[ COUNSELING 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. , v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Of. - 4[30 f!.u;d I~ JOSHUA L. HOUSEAL, PLAINTIFF DANIELLE R. HOUSEAL, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Joshua L. Houseal who resides at 319 Elgin Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Danielle R. Houseal who resides at 319 Elgin Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 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 February 14, 199B in Dauphin County, Pennsylvania, 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. There were no children born of this marriage. 9. The Defendant is not a member of the Armed Services of the United States or any of its Allies. .. 10. 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. 10. Plaintiff requests the court to enter a decree of divorce. ~j).~ 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: 07f1:H)d Joshua ~ ~ -- ~ ~ ~ .... '" ' ~~v-\ ~ ~ ~ ~ ~ n r; '" -OtT,r rnC ;:~ .-;-', --'/1-. cl,? -<' r-' <' "L;-._,-- ~ '~~~~ :z --( -< ~ ,..., = = "" :>> c: en N ~ ~ n1~ -am t,O~6 ~ ~.., ~ --"Tl 00 2m ~ ~ ." 3: w o CJ1 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made and between JOSHUA L. "Husband") and DANIELLE "Wife") . this I~"'th day of A.u,\I.lT , 2006, HOUSEAL, (hereinafter referred to R. HOUSEAL, (hereinafter referred to by as as WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on February 14, 1998; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, no children were born of this marrlage; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with an attorney, and the parties now wish to have that agreement reduced to writing; 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 by 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. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably 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 Each party is to keep their respective vehicles. Husband shall have all right and title to the 2003 Sebring. He shall maintain insurance on his vehicle and be responsible for all maintenance, liens and other payments and expenses related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to her 2006 Chrysler 300. She shall maintain insurance on her vehicle and be responsible for all maintenance, liens and other payments and expenses related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties marital residence at 319 Elgin Circle, Mechanicsburg, Cumberland County was purchased in April 2006 and is to be transferred by deed to Husband. Husband shall refinance the marital mortgage on the real estate. Wife shall sign the deed and any other documents required by Husband's financial institution to place the marital home solely into his name. At the signing of this agreement, Husband shall give Wife $5,000.00. Upon refinance, Husband shall pay Wife an additional $35,000.00. Wife agrees that $40,000.00 is her equitable share of the marital home and other marital assets. Husband shall indemnify and hold Wife harmless for any debts or expenses related to the marital home and shall have responsibility for all other marital debts in his or joint names. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets. The parties agree that Husband shall have all accounts in his name and Wife shall have all accounts in her name. Each party shall be liable for any tax consequences related to the sale or exchange of their accounts, real estate, stocks or bonds or other assets under their control. Each party shall maintain their separate accounts and investments as set forth in this agreement and hereby releases any interest they may have in the other's accounts or investments and shall sign all documents required to distribute the assets as set forth in this agreement. The parties agree that the distributions of assets as set forth above is a fair and equi table division of their marital assets considering all the factors set forth under the Pennsylvania Divorce Code. 2 7. MARITAL DEBTS Husband shall be responsible for all debts solely in his name and any joint debts, specifically including the Member's 1st VISA account which Husband shall fully pay upon refinance of the marital home, and Wife shall be responsible for all debts solely in her name. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other from responsibility for a debt as set forth in this Agreement. 8. PENSION AND RETIREMENT ACCOUNTS The parties' pension and retirement accounts have been considered in the equitable distribution of the marital assets and debts. Husband and Wife shall maintain their separate pension and/ or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts (present, past & future) and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts (present, past & future). 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE up any support, Each party hereby waives, releases, discharges and glves rights either may have against the other to receive alimony pendente lite or alimony. 10. FILING OF IRS RETURN Husband and Wife agree to separate tax returns. 11. DIVORCE The parties agree to cooperate with each other In obtaining a final divorce of the marriage. Husband has agreed to file for a 3301(c) no-fault divorce in Cumberland County, Pennsylvania. Husband shall pay the filing fee for the Divorce Complaint. Wife agrees to accept service of the Divorce Complaint. Upon expiration of the mandatory 90-day waiting period the parties shall sign and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. 12 . ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 3 13. INCORPORATION This agreement lS to be incorporated into any subsequent Decree in Divorce. 14. CONTINUED COOPERATION The parties agree that they will within ten (10) days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 15. 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. 16 . 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 parties has had the opportunity to review this agreement and their legal rights with an attorney. 17. 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/executor of the other's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 4 19. 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. 20. PRIOR AGREEMENTS It is understood and agreed that any 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. 21 . 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. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenlence only. They shall not have any binding affect whatsoever In determining the rights or obligations of the parties. 23 . APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties ~a<< {'~UmCjN Wltness !fjh~ 7/dd, Wltress of{ /;6" Ja Date hands and seaJSQ 5 Commonwealth of Pennsylvania: ss County of Cv_ bt-.\.\~~ PERSONALLY APPEARED BEFORE ME, this I 8\;ay of \1 \J''\j~ r:- 2006, a notary public, in and for the Commonwealth of Pennsylvania, JOSHUA L. HOUSEAL, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. N~~b~~ NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hi'! B,oro, C~berland County My Commission Expires April 14, 2007 Commonwealth of Pennsylvania: County of C......,.... n~ \4~~ ss PERSONALLY APPEARED BEFORE ME, this' "~day of A\J ,'\J J; , 2005, a notary public, in and for the Commonwealth of Pennsylvania, DANIELLE R. HOUSEAL, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ Notary Public NOTARIAL SEAL , LOUIS J. LORE, Notary Public ",amp Hill Bora, Cumberland County r',~ _~~mission Expires April 14, 2007 r o ------------- n S'~', ~ ~ fer Q. (~i.\ C') - - ,. - ~~ d? C::l r~ T6 -:.:::. JOSHUA L. HOUSEAL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4830 CIVIL TERM DANIELLE R. HOUSEAL, DEFENDANT 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 personal service on August 21, 2006. As indicated by the Acceptance of Service form, the Complaint was received by the Defendant on August 21, 2006. ~tH]). ~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ---------- --- (J f:: -:C;': r-l c:::::> c;:;;> er- e ,n C-) - - o -\1 :? \c~~ ~ -~:\r:" "!-: _.~, . \~f(l -'-\ 'j:;'~ ~ """" ~.<.~ ....0 .' C N JOSHUA L. HOUSEAL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4830 CIVIL TERM DANIELLE R. HOUSEAL, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 21, 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 , / 1&/5 / DGJ , ( , ~c~~, 1 falsification to authorities. DATED: ~,--.-' ,...--------- ' o '3E r-' c-;:;'J c-::> 0..... CJ rn ':;-J - - :.r.:-~ ....o;..J# ~:'" o -n .-\ :r:;, --r' entS i'~:} ~~y: CO) ':: r\\ , \ ~.:::::~ ~ :4 '-F? o rV -------- JOSHUA L. HOUSEAL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4830 CIVIL TERM DANIELLE R. HOUSEAL, DEFENDANT 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: !d) S/~l, , ------,-------' o (- ~-;-;.. ., r-' co'::) c:-;:) <:;:T" C (-,-"1 C-) o ., -I ;r-.." ,,1p r-' :r::t~ ,--' ,~;.:l i' _:::..0. (') n'; .~ o N JOSHUA L. HOUSEAL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4830 CIVIL TERM DANIELLE R. HOUSEAL, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 21, 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 Df 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: 1d---/5/0b !J ------ ' .--------- (") ~? ~ r~l cro o r"" ("") -,;~ ~ ~ .::) -n :1-.; ~~tG) -.r'J~"'-"'" <-' /) ..~:':' ;: ,- ~ --;--"j ~i~ ~~~\ ::::!\ ~ :< '-:.9 o N JOSHUA L. HOUSEAL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4830 CIVIL TERM DANIELLE R. HOUSEAL, DEFENDANT 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 6f 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: -1 J-/S/o C:J ) I y n ~:;; f'-.:l = '---J c;-. o rq ("") .::::) ,1 --l ::r:..,.., ;~g ::...:~ (..::) ''''_'--,-. :C?'J'J :':f~ ,,;! (c) :~ r~n ~ ~ ',,:9 (~ 1",) JOSHUA L. HOUSEAL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4830 CIVIL TERM DANIELLE R. HOUSEAL, DEFENDANT 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 August 21, 2006 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By Plaintiff, December 5, 2006; By Defendant, December 5, 2006. 4 . Related claims pending: None 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on December 8, 2006. Date Defendant's Waiver of Notice In 5 3301(c) divorce was filed with the Prothonotary on December 8, 2006. ~V).~ Thomas D. Gould, Esquire Attorney For Plaintiff ("') ~~ ,.....;) c..? c:.:.::l 0""" 5; \0. o N o rit (J ~~\ ':;>- c......, ~ ------------- '" 'Ii 'Ii '" '" if."'''' '" if. '" '" Of.'" if. '" Of. if. if.~if."'Of."'if.if.0f."'0f."''''~'''''' if. ~ if.'" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JOSHUA L. HOUSEAL, Plaintiff No. 06-4830 CIVIL VERSUS DANIELLE R. HOUSEAL, Defendant DECREE IN DIVORCE AND NOW, Uc.'-, \'"\ 12V')' ' IT IS ORDERED AND DECREED THAT JOSHUA L. HOUSEAL , PLAINTIFF, AND DANIELLE R. HOUSEAL , 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 MARRIAGE SETTLEMENT AGREEMENT DATED AUGUST 18, 2006 IS INTO THIS DECREE IN DIVORCE. By THE COURT: ATTEST: /~ ~ ;t'~ ;!' ;!' ;!' ;!' ;!' ;!' ;!' ;+; ;t' ;+; ;t' ;t' ;+; ;t' ;+; ;1' :+i PROTHONOTARY :+i :+i ;1'~:+i:+i if. ~ '" ;1' ~;!'~;1' ;!';t' 'Ii'li'li;!';!,if. 'Ii;!';!' ;!,'Ii'li 'Ii'li~'Ii'li ;IS ;IS ;IS;IS ;IS;!' ft::t;:+: ~:+;;f.~ :+: :+: :of J. _ h? ~ ~ 1~.)e-r:1 ~p~ ~~l 'j&l ~ le-("I . ,,;... , .