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HomeMy WebLinkAbout02-3184KAREN D. ELLIS, Plaintiff VS. RICHARD A. ELLIS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant 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 will proceed without and a decree in 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 Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 KAREN D. ELLIS, Plaintiff VS. RICHARD A. ELLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW :NO. I:~,-. ~l~C'~/.J : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Karen D. Ellis, an adult individual currently residing at 100 Foltz Road, Shippensburg, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately two years. 2. Defendant is Richard A. Ellis, an adult individual currently residing at 271 W. South Street, Third Floor, Carlisle, Cumberland County, Pennsylvania. Defendant has resided at this address since October, 2001. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 12, 1996, in Hagerstown, Washington County, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the fight to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Domestic Relations Code. Respectfully submitted, GRIFFIE & ASSOCIATES M'ar,j 1 o'~ -19f'jlt a s, Esquire Attomey for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document 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 unswom falsification to authorities. KAREN D. ELLIS KAREN D. ELLIS, Plaintiff VS. RICHARD ELLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. ~9 ~. - 3 / Y %/ CIVIL TERM : IN DIVORCE MARITAL PROPERTY AND SETT!,EMENT AGRF, F~MENT This Agreement, made and entered into this ~ ¢4~ day of ~ , 2002, between Richard A. Ellis, 271 West South Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband," and Karen Daniel Ellis, 100 Foltz Road, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on October 12, 1996 in Hagerstown, Maryland; and, WHEREAS, the parties separated on August 1, 2000; and, WHEREAS, there were no children bom of the marriage; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligation as between each other including, without limitation by specification: the setting of all matters between themrelating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband of Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and, WHEREAS, both and each of the parties hereto have been advised of their legal fights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her fight of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully infom~ed as to his or her legal rights and obligation, and each party acknowledges and accepts that this Agreement is, and under the circumstances, fair and equitable, after having the oppommity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of ttfis Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election comained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code· Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. The parties agree that they have divided their personal property including all household items, to their mutual satisfaction. AUTOMOBILES: Husband waives any and all claim or right to Wife's 2001 Chrysler PT Cruiser titled in Wife's name and Wife waives and all claim or right to Husband's 1993 Eagle Vision tiffed in Husband's name. BANK ACCOUNTS/MUTUAL FUNDS: None. LIFE/DISABILITY INSURANCE. None. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrumem of the other pertaining to such disposition of property. 6. Debts. The parties acknowledge that there are no joint debts. The parties agree to be responsible for any individual debts which are presently in their individual names and to indemnify and hold harmless the other for the aforementioned debts.. 7. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will indemnify and hold the other harmless from any and all liability thereof. 8. Real Property. It is hereby acknowledged by both parties that Wife is the owner of real property located at 100 Foltz Road, Shippensburg, Cumberland County, Pennsylvania. Wife agrees to pay any and all expenses in connection with the marital residence, including but not limited to mortgage payment, taxes, utilities, and assessments. Wife shall further indemnify Husband and hold him harmless from the aforesaid obligations. 9. Support, Alimony and Alimony Pendente Lite: Both parties hereby waive all rights to alimony, spousal support or alimony pendente lite. The parties further agree that this paragraph is non-modifiable by any court. 10. Health Insurance: Wife hereby agrees to maintain health insurance for Husband until the date of the final divorce decree. Upon the entry of the final divorce decree, Wife shall have no further obligation to provide health insurance for Husband. Husband may elect pursuant to COBRA to continue coverage through Wife's employer at his own expense. 11. Pensions/Retirement. The parties agree to waive any right to the other's pension or retirement benefits. 12. Business: Wife hereby waives any and all right, title and interest to Husband's business, known as Ellis Research Services. Taxes. The parties may file joint income tax returns if mutually agreeable to the 13. parties. 14. Counsel fees/Court costs. Each party agrees that they shall pay their respective counsel fees, other expenses incident to the divorce and court costs. 15. Divorce. This Agreemem is not predicated upon a divorce between the parties. 16. Breach. In the event that either party breaches any provision of this Marital Property and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the 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. 17. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 18. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 19. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 20. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce thc provisions and terms of this marital settlement agreement. 21. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or tiring that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: KAREN D. ELLIS COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : Public, ~ner~a~oYr ~ePe~r~dmn~b;fn°;;~nt~' otfhi;e '~nnsSa~a'Ya ~d ~umber~a~2~21~i~2~t~A. Ellis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Property and Settlement Agreement, and .acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. /, ~ ~0~ E~.~. _~_____ ~a3y Public COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : Personally appeared before me, this ,-~:~day of ~ / ,2002, a Notary Public, in and for the Commonwealth of Pennsylvania and (~unty~f Cumberland, Karen Daniel Ellis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Property and Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. No~ar~ Public (~r' KAREN D. ELLIS, Plaintiff RICHARD A. ELLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-3184 : 1N DIVORCE CIVIL TERM J~. t ACCEPTANCE OF SERVICE I, Jacqueline M. Vemey, Esquire, acknowledge that on July 2002, I received a certified and true copy of a Complaint in Divorce in the above captioned action and further acknowledge that I am authorized to do so on behalf of my client, Richard A. Ellis. Date: ~cq~line M. Vemey, Esquire 44 South Hanover Street Carlisle, PA 17013 Sworn and subscribed tgz before me this ~ ~d~ay of ~x~ ,2002 NOTARIAL SEAL KATHLEEN K. SHAULIS, Notary Public ~diste Boro, Cumbedafld County ,My Commission Expires Oec, 22, 2003 KAREN D. ELLIS, Plaintiff VS. RICHARD A. ELLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW NO. 02 - civil : IN DIVORCE ~OTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of Karen Alice Daniel. KAREN D. ELLIS KAREN ALICE DANIEL COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND SS ,2002, before a Notary Public, personally appeared Karen D. Ellis, now known as Karen Alice Daniel, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notarial Seal Karisa J. Lehman, Notary Public · Carlisle Boro, Cumberland County My L;ommission Expires Aug. 25, 2003