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Home My WebLink About02-4155 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hi//, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff RICHARD L. BLESSING, Plaintiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02- I 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. Yon are warned that if you fa~l 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. When the grotmd for divorce is indignities or irre~evable breakdown of the ma~iagc, you may request marriage counselL~g. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR FEES OR EXPENSES BEFORE A ALIMONY, DIVISION OF PROPERTY, LAWYER'S 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 County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 .Attorneys for Plaintiff RICHARD L. BLESSING, Plaimiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER y RECLAIMAR DERECHO~,; USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar tomar acci6 .... ~ pronnmu. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Comn~n Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 _Attorneys for_Plaintiff RICHARD L. BLESSING, Plaintiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ql ',s- CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 C OR D OF THE DIVORCE CODE 1. Plaintiff is Richard L. Blessing, an adult individual who currently resides at 1308 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Laurie L. Blessing, an adult individual who currently resides at 1388 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania 17070. 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 Pla/miff and Defendant were married on April 24, 1993 in Mecharticsburg, Cumberland 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 services of theUnited States or its allies within the provisions of the Solders' & Sailors' Civil ReTM .... ,~*~,~cr ot the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children of this marriage under the age of eighteen years, namely Tyler L. Blessing and Carson L. Blessing. 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 filig 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 f'fle a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. By: Respectfully submitted, REAGER & LER, PC e~a~D en~p~tor, Esquire Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Richard L. Blessing, verify that the statements made in this Complaint 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. Date: Richard L BIAssing RICHARD L. BLESSING, : Plaintiff : V. : LAURIE L. BLESSING, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4155 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Laurie L. Blessing, Defendant, verify that I hereby accept service of the Divorce Complaint on the date set forth here below. RICHARD L. BLESSING, Plaintiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.02-4155 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSEN]~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 10, 2002. 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 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. Section 4904 relating to unsworn falsification to authorities. Date: / ~,Q/~) ~'" RICHARD L.BLESSING RICHARD L. BLESSiNG, Plaintiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.02-4155 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 10, 2002. 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 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. Section 4904 relating to unswom falsification to authorities. Date: /~ /2~/0 ~ ]/~ /-- / LAURIE !~. BLESSING ~/ £. RICHARD L. BLESSING, Plaintiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUIvlBERLAND COUNTY, PENNSYLVANIA : NO. 02-4155 : : 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 unswom falsification to authorities. DATE: LAURIE 1~ BLESSING RICHARD L. BLESSING, Plaintiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4155 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INT~i!2}ISLT~RE_~ 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 falsification to authorities. DATE: RICHARD L. BLE~S1NG J MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this j/-/'~day of .g?~lrcrtT/~ £ , 2003, by and between Laurie L. Blessing, of 1388 Simpson Ferry Road, New Cumberland, Pennsylvania 17070 (hereinafter "WIFE") and Richard L. Blessing, of 1308 Brandt Avenue, New Cumberland, Pennsylvania, 17070 (hereinafter "HUSBAND"); WI TN E S S E TH: WHEREAS, the parties hereto were married on April 24, ~.993, in Mechanicsburg, Pennsylvania; and WHEREAS, the parties are parents of two minor children of this marriage, namely Tyler L. Blessing and Carson L. Blessing; and WHEREAS, the parties separated on December 13, 2001; 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 eqaitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, irL 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. HUSBAND is represented by Debra Denison Cantor, Esquire of Reager & Adler, PC. WIFE is not represented by counsel and is pro se. The par°des further declare that each is executing the ,~.greement freely and voluntarily having either obtained suffident 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. 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 same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing: this Agreement. 3. 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 spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other r~ghts of a surviving spouse to participate in a deceased spouse's estate, whether arising under the Page 2 of 9 laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. 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 Agreem. mt an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 4. 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 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. 5. 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. Page 3 of 9 6. REAL PROPERTY. HUSBAND is the owner of real estate located at 1308 Brandt Avenue, New Cumberland, Pennsylvania, 17070. HUSBAND owned this property prior to marriage and is solely obligated on the mortgage. WiFE hereby agrees to waJ~ve any right, title and interest she may have to any increase in value in the property. 7. PENSION AND RETIREMENT ACCOUNTS. HUSBAND is the owner of a pension and 401(k) with IBM. Both of these retirement accounts were HUSBAND'S prior to marriage. The estimated balance of the 401(k) is approximately $127,000.00. WIFE hereby agrees to waive arty right, title and interest she may have in HUSBAND's IBM pension and 401(k) account mtmber 808719, Division Code 48. WIFE does not have any retirement. 8. BANKACCOUNTS. HUSBAND is the owner of a bank account and a savh~gs and checking account at Ameri Choice Creclit Union. The location of WIFE's accounts are unknown. 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 accounts. 9. VEHICLES. The parties are the owners of a 1991 Honda Prelude in HUSBAND's name and a 1987 Plymouth Voyager in HUSBAND's name. WIFE has no driver's license. Therefore, she waives any right, title and interest she may have in these vehicles. Page 4 of 9 10. DEBTS. To HUSBAND's knowledge, the parties are subject to three separate credit card obligations. The first is to IBM with a balance in the amount of $2,500.00. The second is an obligation to Direct Merchants, account number 3952332324 in the amottnt of $6,716.00 and an obligation owed to Bank of America with a balance of $6,200.00. In exchange for the waiver of assets above outlined, HUSBAND agrees to assume responsibility for all credit card debt. HUSBAND agrees to pay all balances in a timely manner and to indemnify and hold WIFE harmless from the same. 11. CUSTODY. The parties shall share legal custody of the minor children. HUSBAND shall exercise primary physical custody of the minor children and WIFE shall have periods of partial physical custody as the parties agree. 12. 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 remair~ing 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 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 heretmder is discharged or dischargeable. Page 5 of 9 The parties mutually agree that in the event of bankruptcy or finandal 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. 13. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, disch~rrge 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. 14. A'I'I ORNEY 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. 15. Ai'i'ORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enfordng the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if 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 tmder this Agreement. Page 6 of 9 16. 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 d[eterminafions regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 17. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limilLed to, the signing of documents. 18. 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 on].y 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. 19. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. Page 7 of 9 20. 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. 21. 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. Witness Witness Laurie L. Blessing Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA : cot , oF :ss. Public in and for the Commonwealth -~ ,- , . _. 2003, before me, a Notary or rennsy~vama, the undesigned officer, personally appeared Laurie L. Blessing, 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. COMMONW ^LTH OF COUN OF ad Notary Public My Co~_ I ..... NOTARIAL S E~'"'~'~ ~ '¢o~sslor, ~::¢i¢e~ 8epL 15, 20~j : SS. On the I ~ day of ~_~OtJe,,MA_ ~Ce,4'- 2003 b' aP~pbeliCd~nd~id/;arrdth~C; 1 em~ss~nn~ekaln~ ~~--~' a 2 the u~desig~e;7~.ecZ~earsNo°n~y · tor satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN W1TNESS WHEREOF, ! have hereunto set my hand and notarial seal the day and year first above written. Notary Public -- - My Commission Expires: /~-/~d/~ ~j Page 9 of 9 RICHARD L. BLESSING, Plaintiff LAURIE L. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4155 CIVIL ACTION - LAW IN DIVORCE 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 on the 3rd day of March, 2003, by signing an Acceptance of Service. Acceptance of Service was fried with the court on March 25, 2003. 3. Date of execution of the Affidavit of Consent requh:ed by § 3301(c) of the Divorce Code: by Riclmrd Blessing, Plaintiff, on October 20, 2003; by Laurie L. Blessing, Defendant, on October 22, 2003. 4. Related claims pending: Settled by Marital Settlement Agreement dated November 14, 2003. Prothonotary: Prothonotary: Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the October 23, 2003 Date Defendant's Waiver of Notice in § 3301 'c) Divorce was filed with the October 23, 2003 Respectfully submitted, REAGER & ADLER, PC ~ Det~so~antor, Esquire I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff INTHE COURT OF CONIMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Richard L. Blessing VERSUS Laurie L. Blessing NO. 02-4155 DECREE IN DIVORCE AND NOW, _ /(/~r~.-. ~ DECREED THAT Richard L. Blessing AND Laurie L. Blessing ARe DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; By THE COUrt: PROTHONOTARy