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HomeMy WebLinkAbout02-3281AMY J. MENGES, Vo JONATHAN C. MENGES, : 1N THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. .' Defendant. : CIVIL ACTION- 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. Your arc warned that if you fail to do so, the case may proceed without you and a deerce of divorce or annulment may be entered against you by the court. A judgrnent 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 fights 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 counseling. A list ofmamage counselors is available in thc Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberlaad County Court Administrator 4~ Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AMY J. MENGES, JONATHAN C. MENGES, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : : : CIVIL ACTION- DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE COUNT I 1. Plaintiff is Amy Menges, who currently resides at 1717 Sherwood Road, New Cumberland, Cumberland County, PA. 2. Defendant is Jonathan C. Menges, who cm'rently resides at 915 Old Mountain Road, Dillsburg, Cumberland County, PA. 3. Plaintiff has been a bona fide resident 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 September 23, 2000 in Springfield, Missouri. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiffhas been advised of the availability of counseiing and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiffrespectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301 (c) of the Divorce Code. COUNT II-EQUITABLE DISTRIBUTION 9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint for Divorce as fully set forth herein. 10. During the marriage, Plainfiffand Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. 2 WHEREFORE, Plainfiffrequests your Honorable Court to equitably divide all marital property. Date: Respectfully submitted, ROBINSON & GERALDO Ge~ld S. Robinson, Esquire Attorney I.D. #27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in this Foregoing Complaint are tree 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. CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 10thday of July, 2002, I caused a tree and correct copy of the Order to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Jonathan C. Menges 915 Old Mountain Road Dillsburg, PA 17019 Respectfully submitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 AMY MENGES, Vo JONATHAN C. MENGES, Plaintiff, : : Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O .2 - r/ CIVIL ACTION- DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having filed a Divorce Complaint on the 1 lth day of July, hereby elects to resume the prior surname of Craln, and gives this written notice pursuant to the provisions of 54 P.S. § 704. Date: July 12, 2002 COMMONWEALTH OF PENNSYLVANIA Sign~e 'o f (~nf~b~-n~ resumed Amy '~d,k~dr~,w SS. COUNTY OF CUMBERLAND : On the/~a~'"day of July, 2002, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that s/he executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Pflblic Notarial Seal I Damey dannon, Notary Publlo Harrisburg, Dauphin Gounty tvl~, Commission Explrea OcL 4, 2004 Member, Pem~svlvania Assoc~tion ol Notaries AMY MENGES, Plaintiff, JONATHAN C. MENGES, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-3281 : .. : CIVIL ACTION IN LAW -- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce code was filed on July 11, 2002, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Com?!?im, 3. I consent to the entry of a final decxee of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted4 5. 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 falsification to authorities~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY .OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CO_DE 1. I consent to thc entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of 0ropertv, lawyer's fees or expenses ifI do not claim them be~bre 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 falsification to authorities. ' Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA AMY MENGES, Plaintiff V. JONATHAN C. MENGES, Defendant : No. 02-3281 CIVIL ACTION - LAW Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 11, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed from the date of 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 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A § 4904 relating to unsworn falsification to authorities. Dated:~ . JON~ C. MENGES~/DI~FENDANT) WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A 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 expense ifI 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 flied 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.A Section 4904 relating to unsworn falsification to authorities. w:\vru fo\divforms\divorce\3 3 01 (c)\affwaiv. doc AMY MENGES, Plaintiff, JONATHAN C. MENGES, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3281 CIVIL ACTION- LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this_ (D day of_ 1~] Ol[OqrI~ 2002, by and between Amy Menges, of New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Jonathan C. Menges, of Dillsburg, Dauphin County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 23, 2000; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the mutual promises, covenants ~d undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and 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, Gerald S. Robinson, Esquire, for Wife and N. Christopher Menges, Esquire, for Husband. The Parties acknowledge that they have received independent legal advice fi.om counsel of their selection and that they fully understartd the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION. It shall be lawful for each Party at all times hereafter to continue to live separate and apart from the other Party. The foregoing provisions shall not be taken as ant admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREI,;. The Parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of CUMBERLAND County, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property fights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301(c) of the Pennsylvania Divorce Code. 5. 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 may be necessary to carry out the provisions of this Agreement. Neither Party shall molest the other or attempt 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. 6. --WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Specifically, all credit cards in Wife's name shall be paid by Wife. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Specifically, all credit cards in Husband's name shall be paid by Husband. 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action for divome and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The Parties acknowledge that Husband and Wife have a legal interest in the marital property. Husband shall relinquish all interest he has in the marital residence. Wife shall assume sole financial responsibility for the costs associated with the home, including but not limited to mortgages, taxes, insurance, utilities, repairs and improvements associated with the upkeep. Wife shall indemnify Husband and hold him harmless for any claim made against him relative to the marital residence. Wife does not need to refinance the house as it is presently financed under Wife's name only. Husband will execute all documents necessary to relinquish his interest in the property. Wife shall be responsible for payment of the fees associated with preparing a deed for the marital residence. b. _PERSONAL PROPERTY. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. c. EMPLOYMENT-RELATED BENEFITS. With regard to employment, each of the Parties hereto waives any interest they may have in the other's retirement, pension, or other employment-related benefits. d. WEDDING ALBUM. The Parties have agreed that Wife shall give to Husband Two Thousand ($2,000.00) Dollars and their wedding photo album. 11. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Both Parties accept the provisions of this Agreement in lieu of and as full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provision for support and maintenance before, during or after the commencement of any proceedings for the divorce or annulment between the Parties. 12. WAIVER OF CLAIMS AGA1NST ESTATE. 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 fights he or she may now 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, courtesy, statutory allowance, widows allowance, fight to take property under equitable distribution, fight to take in intestacy, fight to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to ca~ry into effect this mutual waiver and relinquishment of all such interests, fights and claims. 13. BREACH. If either Party breaches any provision of this Agreement, the other Party shall have the fight, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the Party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their fights under this Agreement. 14. 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. 15. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality 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 defi~ult of the same or similar nature. 16. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 17. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily, and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN W1TNESS WHEREOF, the Parties have hereunto set their hands and seals the ,day and year first above written. Gerald S. Robinson~../, N. Christ-6pher~Me~Tuire mY Mer0e0 P'laintifftJ than C. l~le~es,-]~efendant AMY MENGES, Plaintiff, JONATHAN C. MENGES, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-3281 _. : : CIVIL ACTION IN LAW - DIVORCE _PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the fcllowing information, to the Court for the entry of a divorce decree: Ground for divorce: irretrievable breakdown under section 3301 (c) of the Divorce cOde. Date and Manner of service of the Complaint: Certified Mail on or about July 12, 2002. 3. Date of execution of the affidavit required by section 3301(c) of the Divorce Code: by Plaintiff on December 3, 2002 and by Defendant on November 5, 2002. 4. Related claims pending. The economic claims have been settled by agreement. 5. Date the Plaintiffs waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: is December 10, 2002. 6. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: December 10, 2002. Respectfully submitted, ROBINSON & GERALDO By__ ~~,,~ GL'¥ald S. Robinson~ Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Amy Menges VERSUS Jonathan C. Menges N o. 02-3281 DECREE IN DIVORCE DECREED THAT Amy Menges ~~IS ORDERED AND AND Jonathan C. Menges , PLAINTIFF, , DEFENDANT, Are DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JurISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RA,SED OF RECORqtlII~THI...~..ACTiON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; MJ~ ._ the Marriage Settlement Agreement dated November 6, 2002 and filed December 10, 2002. BY THE COURT: - '~'/ ATTEST: ./~ ~ '~"~/~ '"~/~ j / ~/ PROTHONOTARY