HomeMy WebLinkAbout96-00712
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KENNETH K. BERRY, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
Va. I CIVIL ACTION - LAW
I
I NO. 96- '1 J') CIVIL Tl. (It)
ALLISON S. BERRY I
Defendant I IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action.
You are warned that if you fail to do so, the case may proceed without
you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other
claim 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
the Cumberland County Courthouse, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Telephone: (717)240-6200
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KENNETH K. BERRY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ALLISON S. BERRY, NO. 96- 7/.-1 CIVIL "-',,",,(1,
Defendant IN DIVORCE
COMPLAINT UNDER SBCTION 330l(C)
OP THE DIVORCE CODB
COMES NOW, the Plaintiff, by Edward W. Harker, his attorney
and respectfully represents as follows:
1. The Plaintiff, KENNETH K. BERRY, currently resides
at 1955 Ritner Highway, Shippensburg, Cumberland County,
Pennsylvania 17257, since July 1994.
2. The Defendant is ALLISON S. BERRY, who currently resides
at 515 Meadow Drive, Shippensburg, Franklin County, Pennsylvania
17257, since July 1995.
3. Plaintiff has been a bona fide resident of the Commonwealth
of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on June 12, 1982,
,
in Northampton County, Pennsylvania.
5. There has not been a prior action of divorce or annul-
ments between the parties.
6. The marriage is irretrievably broken.
.
KENNETH K. BERRY,
------------------.-----
pla int if f
Ia 1M c.un 01 C~ .. PI.. 01
C.",'-Iaad CouaC1. 'muylnala
No.
'l6-712
'CMl.
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ALLISON S. BERRY,
-----------
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In nivorce
,
Defendant
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-----........-... .-. -...-.---.........---
....-- ----------......---.--....---...----.----.-----.-----.------...-----.....-.
Please reinstate the above Divorce Complaint.
...------------- ----_...~---_.---_..--.---------.----._._.._._.._--------..._._---._-_.
..-.- -...--....------ ----..----.--------------------------.....
The complaint was served by certified mail on February 9, 1996,
but the U.S. Post office lost and failed to secure the
--..------------ -----------...-------------------..--
return receipt.
--------_._----_._---_...__.--------~---_.__.._...--------_.._.__.__._---
Therefore, service was not accomplished
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w i ~ h i c_t.tU~_..t.bJ.J;~_~~.rMuJ..t.c:ne.ut....---.......------.--._._-
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-----.-----..-------........-....--.........----....------
To
LAWRENCE WELKER,
-
--
PI"OUloaoary
1996 /
..,....- r
April 12,
Edward W. Harker, A.nDIuy for P!alDIiIf.
One West High Street
Carlisle, PA 17013
(717) 243-1083
supreme Court 10 06362
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I<ENNETH 1<. BERRY, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
Ve. I CIVIL ACTION - LAW
I
ALLISON S. BERRY, I NO. 96-712 CIVIL
De~endant I
I IN DIVORCE
ACCBPTANCB OF SBRVICB
WHEREAS, the Complaint was served by certified mail to
Defendant on February 9, 1996, but the United States Post
Office lost and failed to secure the return receipt (green card),
WHEREAS, the Complaint was reinstated on April 16, 1996,
due to lack of service;
NOW THEREFORE, Defendant appears and accepts service of
the Divorce Complaint as of this date.
Date: 4.~y- qG
~
A
Sworn to and Subscribed to me
this6)l.\~day of April, 1996.
~Q>-"CJ
NOTARIAL SEAL
MICHElLE 0, RIS8QN, NOTARY PIlBlIC
CARLISLE BOROUGH, CUMBERLANO CO, PA
MY COMMISSION FXPlRF~ MARCH 14, 1998
... ........ ....
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MARRIAGB SBTTLBMBNT AGRBBMENT
THIS AGREEMENT, made this ~ u-... day of ~ ,1996,
by and between KENNETH K. BERRY, hereinafter called "Husband",
and ALLISON S. BERRY, hereinafter called "Wife"1
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June
12,' 1982 in Northampton County, Pennsylvania I
WHEREAS, differences have arisen between Husband and wife in
consequence of which they have determined to live separate and
apart from each other and have consented to a mutual consent
divorcel and
WHEREAS, Husband and Wife desire to settle and determine
their rights and obligations, including the settling of their
property rights and other rights and obligations growing out of
their marriage in accordance with the provisions of the Divorce
Code of Pennsylvania.
NOW THEREFORE, the parties, intending to be legally bound
hereby, agree as follows:
1. SEPARATION. It shall be lawful for each party at all
times hereafter to live separate and apart from the other at such
place as he or she may from time to time choose or deem fit. The
foregoing provision shall not be taken as admission on the part
of either party of the lawfulness or unlawfulness of the causes
leading to them living apart. Each party shall be free from
interference, authority and control, direct or indirect, by the
other as fully as if he or she were single and unmarried.
Neither shall molest the other or compel or endeavor to compel
the other to cohabit or dwell with him or h~r.
2. DIVISION OF PERSONAL PROPERTY. The parties have
previously divided between them to their mutual satisfaction
the personal effects, jewelry, clothing, household furniture and
furnishings, and other articles of personal property which have
heretofore been owned, possessed, or used by them in cornmon,
and each party shall be deemed the sole owner of those items
now in their sole possession.
3. DISTRIBUTION OF MOTOR VEHICLES. The parties
automobiles are in separate names and each party will retain and be
solely responsible for the automobile in their sole name. Husband
hereby assumes sole liability for the joint debt to Farmers Trust
Company for the 1988 Ford Taurus, which vehicle wife shall retain.
Each party hereby assumes sole liability for all outstanding
expenses and debt related to their respective veh~cles and further
agrees to indemnify and hold the other party harmless from any such
obligation as to the vehicle distributed to said party.
Each party agrees to make, execute, and deliver such titles,
documents of transfer, or other writings as shall be necessary to
accomplish the foregoing distribution of vehicles and debt;
provided however that upon transfer of title each party shall
also secure the release or payment of the existing debt.
4. PENSION OR RETIREMENT PLANS. Husband and wife agree to
waive any and all claim to the other's pension/retirement
benefits. The parties agree to execute all documents necessary
to waive claims to their respective pension/retirement benefits
including any surviving spouse annuities or similar provisions.
5. DEBTS. Wife agrees to be responsible and indemnify
Husband for the Bon-Ton charge account. All other debts/
encumbrances on respective assets shall be deemed assumed by the
individual retaining the asset related to said debt or the
specific credit card or account.
6. CUSTODY/VISITATION. The following children were born
to this marriage: Ian K. Berry born March 3, 1984; Alana S.
Berry born October 30, 1986, and Elizabeth S. Berry born October
21, 1989. Husband shall have primary physical custody of the said
children. With respect to visitation, Husband and Wife have
varying work schedules and have to date been able to verbally
agree to a flexible visitation schedule which accomodates the
.
interests and needs of all parties. Husband hereby formally
acknowledges that Wife shall be entitled to continued visitation
upon fair and reasonable terms at such times as shall be from
time to time be established which shall include sharing of
recognized holidays. Husband agrees to notify Wife of any
significant matter or event concerning the children including but
not limited to their education, medical needs, and special
events.
7. CHILD SUPPORT. Husband and Wife agree that Wife will
pay Husband, child support, in the a",ou~t of $20.00 per child per
month, for a total monthly payment of $60.00. Said support shall
continue for each child until that child has reached the age
of majority, died, become self-supporting, or married, Husband
and Wife agree that this obligation is subject to modification
due to change of circumstances at any time by appropriate
proceedings. Husband and Wife agree that each will provide
one-half of the amount necessary for the children's college
education. Husband agrees to provide medical coverage so long as
said coverage is available through his employer at no expense.
In the event a cost or premium is assessed, then Husband and Wife
shall jOintly provide and/or pay for such insurance.
8. TAX RESPONSIBILITIES. Husband and Wife agree that they
will file a joint 1995 tax return. The liability/refund will
be split or borne equally. Further, the parties agree that
they will file their 1996 tax return separately. Husband and
Wife agree that Husband will claim the dependency exemption for
their children.
9. WAIVER OF FORMAL EQUITABLE DISTRIBUTION. This agreement
constitutes an equitable division of the parties' marital property.
The parties have determined that the division of this property
cjnforms with regard to the rights of each party. The division of
existing marital property is not intended by the parties to constitute
any way a sale or exchange of assets, and the division is being
effectuated without the estate:
Each party hereby acknowledges that this agreement
adequately provides for his or her needs and is in his or her
best interest, and that the agreement is not the result of any
fraud or undue influence exercised by either party upon the other
or by any other person or persons upon either party. Both
parties hereby waive the following procedural rightsl
A. The right to obtain an inventory and appraisement
of all marital and separate property as defined by
the Pennsylvania Divorce Code.
B. The right to obtain an income and expense statement
of the other party as provided by the Pennsylvania
Divorce Code.
C. The right to have the Court determine which property
is marital and which is non-marital, and equitably
dist.ribute between the parties that property which
the Court determines to be marital.
D. The right to have the Court decide any other rights,
remedies, privileges, or obligations covered by this
agreement, including but not limited to possible
claims for divorce, spousal support, alimony,
alimony pendente lite (temporary alimony), and
counsel fees, costs, and expenses.
10. MUTUAL RELEASES. Husband relinquishes his inchoate
intestate right in the estate of wife, and Wife relinquishes her
inchoate intestate right in the estate of Husband, and each of
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the parties hereto by these presents, tor himsel! or hersel!, his
or her heirs, executors, administrators, or assigns, does remise,
release quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
action or suits at law or in equity, of whatsoever kind or
nature, for or because of any matter or thing done, admitted, or
suffered to be done by said other party prior to and including
the date hereof; further, the parties hereto have been advised by
their legal representatives, respectively, of all their rights
under the Pennsylvania Divorce Code, and such rights as are not
specifically incorporated herein are hereby expressly waived.
Notwithstanding the foregoing language of this paragraph, this
release shall in no way exonerate or discharge either party
hereto from the obligations and promises made and imposed by
reason of this Agreement and shall in no way affect any cause of
action in absolute divorce which either party may have against
the other.
11. RELEASE OF ALL CLAIMS. Each party, except as otherwise
provided for in this Agreement, releases the other from all
claims, liabilities, debts, obligations, actions and causes of
action of every kind that have been incurred, or may be incurred,
relating to or arising from the marriage between the parties,
including waiving any claim to their respective pensions or
retirement accounts, and specifically waiving any claim by either
party to spousal support, alimony, or alimony pendente lite.
12. BReACH. lf either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, and seek any other
remedy allowed in law or equity. The party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing nis or her rights under
this Agreement, or seeking such other remedy or relief as may be
available to him or her. Waiver by one party of any breach of
this Agreement by the other party shall not be deemed a waiver of
any subsequent, similar breach or other breaches.
13. FULL DISCLOSURE. Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has an interest, of the source and amount of the
income of such party of every type whatsoever and all other facts
relating to the subject matter of this Agreement.
14. DIVORCE. This Agreement shall not be construed to
affect or bar the right of either Husband and Wife to a true and
absolute divorce on legal and truthful grounds and they now exist
or may hereafter arise. It is understood, however, that Husband, as
of the signing of this Agreement, has filed an action in divorce
in the Court of Common Pleas of Cumberland County, in which he
alleges that the marriage is irretrievably broken. Both parties
understand and agree that Husband shall continue to pursue said
divorce on the ground that the marriage is irretrievably broken,
and that both parties will execute, deliver, and file the
necessary affidavits and all other petitions or documents
necessary to effectuate the divorce pursuant to Section 201(c) of
the Divorce Code. Wife agrees that the marriage is
irretrievably broken.
16. REPRESENTING OF PARTIES BY COUNSEL. Each party has had
the opportunity to have legal counsel to represent each of them.
Husband is being represented by Edward W. Harker, Esquirel Wife
is not being represented. Each party has carefully read this
Agreement and is completely aware, not only of its contents, but
also of its legal effect.
17. 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 thing that may be necessary pr desirable to
effectuate the provisions and purposes of this Agreement. If
either party fails on demand to comply with the provision, that
party shall pay to the other all attorney's fees, costs, and
other expenses reasonably incurred as a result of such failure.
18. 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.
19. MODIFICATION AND WAIVER. Modification or waiver of any
provision of this Agreem~nt shall be effective only if made in
w~1tin9 and executed with the same fo~mality as this A9~.em.nt.
Th, failure of eithe~ p~rty to insist upon strict performance of
any of the provisions of this Agreement shall not be construed as
a waive~ of any subsequent default of the same or similar nature.
20. SUCCESSORS AND ASSIGNS. This Agreement, except as
otherwise expressly provided herein, shall be binding upon and
shall inure to the benefit of the respective legatees, devisees,
heirs, executors, administrators, assignees, and successors in
interest to the parties.
21. GOVERNING LAW. This Agreement shall be governed by and
shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
22. ORDER OF COURT. With the approval of any Court of
competent jurisdiction in which any divorce proceeding may now be
pending or which may hereafter be instituted, this Agreement
shall be incorporated in any decree of absolute divorce which may
be passed by said Court. In the event the Court shall fail or
decline to incorporate this Agreement or any provisions thereof
in said decree, then and in that event the parties, for
themselves and their respective heirs, personal representatives
and assigns, agree that they will nevertheless abide by and carry
out all of the provisions thereof.
It is further agreed that regardless of whether said
Agreement or any part thereof is incorporated in any such decree,
the same shall not be merged in said decree but said agreement and
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,
.
all the terms thereof shall continue to be binding upon the
partiee and their respective heirs, personal representatives and
assigns.
,
IN WITNESS WHEREOF, intending to be legally bound hereby, the
parties hereto have hereunto Bet their hands and seals the day
and year first above written.
~DOO~{)~
W tn ss
..........
K. Berry, us and
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