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HomeMy WebLinkAbout02-2878REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DENA D. CARSKADON, Plaintiff EDWARD B. CARSKADON,III., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. c) -. 777 -- CIVIL ACTION - LAW COMPLAINT IN DIVORCE UNDER SECTION 3301(C~ OR (D) OF THE DIVORCE CQDE 1. Plaintiff is DENA D. CARSKADON, an adult individual who currently resides at 3000 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania, 2. Defendant is EDWARD B. CARSKADON, III., an adult individual who currently resides at 110 Hanna Street, Harrisburg, Pennsylvania, Dauphin County, Pennsylvania 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 17, 1999 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiffavers that there is no children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WItEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectf Attorney for Plaintiff dy submitted: tarrison Clough, 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 quire VERIFICATION I, Dena D. Carskadon, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Dena D. Carskadon CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing 3301 (C) DIVORCE COMPLAINT was served on the following individuals via United States First Class Mail, postage prepaid as follows: Edward B. Carskadon, III. 110 Hanna Street Harrisburg, PA 17104 Dated: '~nn-'Wlqa~Ts an Clough 2331 Market Street Camp Hill, PA 1701 (717)730-7366 uire 0 I DENA D. CARSKADON, Plaintiff VS. EDWARD B. CARSKADON, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2878 CIVIL TERM ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, Edward B. Carskadon, III, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant on. 26 June 2002 Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 DENA D. CARSKADON, Plaintiff EDWARD B. CARSKADON,III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2878 Civil Term CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant's attorney, Samuel L. Andes, Esquire, on the 26a~ day of June, 2002 by signing an Acceptance of Service. Acceptance of Service was filed with the court on July 2, 2002. 3. Date of execution of the Affidavit of Consent required by § 330 l(c) of the Divorce Code: by Dena D. Carskadon, Plaintiff, on October 8, 2002; by Edward B. Carskadon, III, Defendant, on October 15, 2002. 4. Related claims pending: Settled by Agreemem dated October 8, 2002. DENA D. CARSKADON, Plaintiff EDWARD B. CARSKADON,III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2878 Civil Term CIVIL ACTION - LAW _PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Service was accepted by the Defendant's attorney, Samuel L. Andes, Esquire, on the 26m day of June, 2002 by signing an Acceptance of Service. Acceptance of Service was filed with the court on July 2, 2002. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: by Dena D. Carskadon, Plaintiff, on October 8, 2002; by Edward B. Carskadon, III, Defbndant, on October 15, 2002. 4. Related clahns pending: Settled by Agreement dated October 8, 2002. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was fried with the Prothonotary: October 17, 2002 Date Defendant's Waiver of Notice in § 3301(c) Divorce was fried with the Prothonotary: October 17, 2002 Dated: By: Respectfully submitted, REAGER & ADLER, PC oath°/e Harrison Clough, (717) 763-1383 Attorneys for Plaintiff N:\UserA¢counts\R&A Family Law\Client Directory\carskadon, D\agreements\marital settlement agreement #3- 9-I8-02.wpd October 7, 2002 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made mis 6v " day of ~(J~O~: ,2002, by and between DENA D. CARSKADON (hereinafter "WIFE") and EDWARD B. CARSKADON, III., (hereinafter "HUSBAND"); WI TN E S S E TH: WHEREAS, the parties hereto were married on April 17, 1999, in Harrisburg, Pennsylvania; and separated on May 8, 2002; WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire N:\UserAccounts\R&A Family Law\Client Directory\carskadon, D\agreements\marital settlement agreement #3- 9-18-02.wpd October 7, 2002 of Reager & Adler, PC. HUSBAND has been advised of his right to be represented by counsel and has elected to represent himself in the negot/ations and execution of this Agreement. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. The parties further acknowledge that Wife has filed a divorce complaint with the Court of Common Pleas of Cumberland Cotmty, Pennsylvania at Civil Action No. 02-2878 Civil Term. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the Page 2 of 11 N:\UserAccounts\R&A Family Law\Client Directory\carskadon, D\agreements\marital settlement agreement #3- 9-18-02.wpd October 7, 2002 same date. Otherwise, the "date of execution" or "execution d ' · ate of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the s ' pouse s will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other Counl~. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had Page 3 of 11 N:\UserAccounts\R&A Family Law\Client Directory\carskadon, D~agreements\marital settlement agreement #3- 9qS-02.wpd October 7, 2002 the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 3000 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania. Husband and Wife agree that in consideration of WIFE tendering a cash payment to HUSBAND in the amount of FIVE THOUSAND THREE HUNDRED ELEVEN DOLLARS AND 09/100 (5,311.09) and the other promises and property distributions set forth herein, Husband agrees to transfer any and all right, title and interest he has in said real property to Wife. Wife specifically agrees to be solely responsible for all mortgage, maintenance, homeowners insurance and utility expenses for said property and Wife further agrees to indemnify Husband and hold him harmless in said obligations. Husband shall execute a deed prepared at Wife's expense at the time of execution of this Agreement transferring his interest in said property to Wife. WIFE shall tender said cash to Page 4 of 11 N:\UserAccounts\R&A Family Law\Client Directory\carskadon, D~agreements\marital settlement agreement #3~ 9-18-02.wpd October 7, 2002 HUSBAND's counsel within forty-eight hours after the execution of this Agreement and deed by HUSBAND. It is specifically agreed WIFE has also agreed to assume sole responsibility for the joint VISA debt obligation as set forth in paragraph 8 of this Agreement. WIFE specifically agrees to refinance the debt on the marital residence and remove HUSBAND as an obligor thereon within sixty (60) days of the date of execution of this Agreement. WIFE shall be solely responsible for the costs associated with the refinancing of the debt on said property. The parties specifically agree WIFE shall be entitled to receive 100% of the escrow monies refinances after said refinance. HUSBAND shall endorse over to WIFE any such refund check within forty-eight (48) hours notice said escrow refund check was received by WIFE. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. WIFE agrees to pay the full balance due on the parties joint VISA debt which total debt is approximately $ 3,377.81 with in thirty days of the date of execution of this Agreement. WIFE shall provided HUSBAND's counsel with proof that this account has been closed and paid in full. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Page 5 of 11 N:\UserAccounts\R&A Family Law\Client Directory\carskadon, D\agreements\marital settlement agreement #3- 9q8-02,wpd October 7, 2002 9. RETIREMENT BENEFITS. HUSBAND hereby waives any and all right, title and interest he may have to any of WIFE's pension and/or retirement and any and all other retirement benefits otherwise disclosed. WIFE hereby waives any and all her right, title and interest, she may have to any of HUSBAND's nension an,~ ~ ........ v ,~/u, reurement ana any and all other retirement benefits otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective aCCOllnts. 11. BUSINESS "ANOKI CREATIONS". HUSBAND and WIFE specifically acknowledge that HUSBAND is a partner with David Cooper in a climbing business known as Anoki Creations. In consideration of the other property transfers set forth in this agreement, WIFE specifically waives any and all claim, right, title or interest she may have what so ever in Anoki Creations and said business interest shall be the sole and exclusive property of HUSBAND. 11. PERSONAL PROPERTY. Page 6 of 11 N:\UserAccounts\R&A Family Law\Client Directo~y\carskadon, D\agreements\mar/tal settlement agreement//3- 9-18-02.wpd October 7, 2002 Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 12. VEHICLES. HUSBAND and WIFE own a 2000 Honda Accord. Said vehicle is encumbered by a loan with Honda Finance with an approximate balance of $10,000.00. HUSBAND and WIFE specifically agree that HUSBAND shall transfer any and all right, title and interest he has in said vehicle to WIFE. WIFE agrees to be solely responsible for the lien associated with the purchase of this vehicle and shall indemnify HUSBAND and hold him harmless in said obligation. The parties further acknowledge that WIFE is the owner of a 1990 Honda Prelude. In consideration of the other property transfers set forth herein WIFE agrees to transfer any and all right title and interest in the 1990 Honda Prelude to HUSBAND. Each party shall pay for any costs associated with the transfer of the specific vehicle he or she is receiving exclusive ownership of under this agreement. 13. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Page 7 of 11 N:\UserAccounts\R&A Family Law\Client Directory\carskadon, DXagreements\rnarital settlement agreement #3- 9-18-02.wpd October 7, 2002 Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. WIFE shall pay the filing fees associated with the filing of the Divorce Complaint. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if Page 8 of 11 N:\UserAccounts\R&A Family Law\Client Directory\carskadon, D\agreements\marital settlement agreement #3- 9-18-02.wpd October 7, 2002 applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. 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, effect and operation. Page 9 of 11 N:\UserAccounts~[~&A Family Law\Client Directory\carskadon, DXagreements\marital settlement agreement #3- 9-18-02.wpd October 7, 2002 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth Pennsylvania. of 22. 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. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Page 10 of 11 N:\UserAccounts\R&A Family Law\Client Directory\carskadon, D\agreements\marital settlement agreement #3- 9-18-02.wpd October 7, 2002 COMMONWEALTH OF PENNSYLVANIA : ~/9z : SS. COUNTY OF ~_,lt t ~ 4 4 [do~tC~ : On the ~-~._?x day of ~t'~.~t-~Cd/~ , 2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared, DENA D. CARSKADON, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. I- ' NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Notary Public] Camp Hill Bom, Cumberland Courtly My Commission Expires December 4, COMMONWEALTH OF COUNZ oF Notary Public My Commission Expires: / 9/~/~-/ : SS. On the ~ day of ~~,k~ ~ ,2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared, EDWARD B. CARSKADON, III, known to me (or satisfactory proven) to be on of the parties ' · · executing the foregomg instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. My Commis~on Expires: NOTARIAL SEAL AMY M. NARI(INS NOTARY PUBLIC L£UOYNE BORO. CUMBERLAND COUNTY MY COMA4ISSION'EXPIRES JAN. 31, 2005 Page 11 of 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ST,ATE OF PENNA. DENA D. CARSKADON 02-2878 NO. VERSUS EDWARD B. CARSKADON, III DECREE IN DIVORCE AND NOW, ~t../'~/~g4 ,,~t' , ~'~# ~,, IT IS ORDERED AND DECREED THAT DENA D. CARSKADON , PLAINTIFF, AND EDWARD B. CARSKADON, III ,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 terms of the parties' Marital Settlement Agreement dated October, 8, 2002 and attached hereto are incorporated herein but:not merged herewith. BY THE COURT: / ATTEST2/ PROTHONOTARY