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HomeMy WebLinkAbout96-02205 . , \ .. ~ ~ " " " . '~ ",,- ~ " I' , , / ,., ,,/" , " I il " !" i, ;~~ ,I, , ;,i J J I' , " V) o 1'1 '1 ,', / ~ I' " ---- .;te' ,:c, ':c. ':c' .:..' ,:.c, ':c' .:c' .:c, ':c' ,;~, ':c. .;.:, ,:.:. ':.:' -:.:. ':.:':.:. ".:' -:.:' , ':.:' ':.:' ':c' ':.:' ':C' ,;.: ,;-.:' .~ ':c. 'll .' .' ....,. . .,. "18 8 8 8 THE COURT OF COMMON PLEAS 8! .__.~-----_.... . . .~ '. -" . - . , .1 ,I 8! 81 IN 81 " " 8 8' $1 81 $ 8 ~. OF CUMBERLAND COUNTY PENNA. HOLLY L. McGOWAN, Plaintiff !'io,2205., CIVIL 1996 \'l'J',-'Il.'; 8 TODD E, McGOWAN, ~ Defendant " " 8 8 ~ ~ i!I 8 i!I . .. .1... _.' ..' . . ._ 'k- ... ... .' ... . " " ~I , I ,~I :'1 ~\ ~ t, ~ * * 8 ~ ~ ~ 8 AND NOW, DECREE IN DIVORCE . . . (~~". . . .vo.. . " 19 q ?, it is ordered and decreed that and, . HOLLY It, McGOWAN TODD E. McGOWAN ., plaintiff, . . . "., defendant, ore 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; UQ~ THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED AUGUST 9, 1996 . . . . , IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT, ;l / , (' ./ .'~ flv Til',. ~'Olll: ,/ ,\ , ,~ '('. ,..- " ,....."/ All'" ,. , "-., J ,}n' j') /7 ." f:i,,~, :!"l-"(~~(. ~ ' 1."Wr~/i ),;':;?,//(."'~,tL..ca7' I ,)-.' -, , ",,",. j';'/ .?..< ":;.0 ~ . ,~ ..<cd'( "r/ I 7 Prothonotary ./ ,', ~ 8 8 8 $ 8 * $ * * * ~ I, 8 8 8 1* 8 (8 8 ~ ~ ~ .' 8 ~ '. ~ " ~ ~ ~ ~ ... ~ J, .~ " ~ ~ " r i,;, ,'", .' '. .", .;'. .....'". ,~ ..lit. .., .Of, ,t. .... :4(;, ...... -:.:. .:+;. -:+:. .:.;. .:+;. .:.;. .:+:. .. interests under the Divorce Code and regarding alimony and spousal support; and, WHEREAS, each pany is fully tiuniliar with the marital property and both parties now desire to settle and determine his and her property rights and daims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims, NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: 1, The parties agree to the entry of a Decree in Divorce pursuant to Section 330 I (C) of the Divorce Code. Both parties shall execut.e and tile the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement The Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay, Should either pany do anything to delay or deny the entry of such a Decree, or fail to do anything requirtd to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void, al- initio. 2, This Agreemt11t and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its tel'ms, No Court may change the tenns of this Agreement, and it shall be binding and inclusive upon the panies, An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the panies hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expresaly statlna 2 that this Agreement has been revoked or modified, 3, The parties have divided between them to their mutual satisfaction their personal effects. household furniture and furnishings. automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the olher, Each party will execute any and all documents necessary to efTp.ctuate the transfer of ownership of any items of personal property titled in both names. The party receiving sole ownership of such items shall pay all costs associated with the transfer, 4, The parties have divided betwecn them to their mutual satisfaction all intangible personal property consisting of cash. bank accounts. annuities. securitics. insurance policies. pension and retiremcnt rights, whcther vested or contingent, and all other such types of property, The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his solc and separate property. and that in the possession or titled in the name of the Wife shall be her sole and separate properly, Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other. vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property, 5, The parties purchased a double wide mobile home during their marriage, which mobile home Wife presently occupies with her children Husband agrees to waive any and all ownership interest he may have in the mobile home which Wife presently occupies. and he shall sign any documents necessary to effectuate this transfer of ownership within twenty (20) days hereof. 3 ...".,. 'I 6, Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation tor which the other may be held I : 'I , ' responsible or liable, Each party agrees to indemnitY and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretotore been incurred between them, except the obligations arising out of this Agreement. I, 7, Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities inculTed by the other execution ot'this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the , I Estate of the other may be liable. Each party turther agrees to indemnitY and save and hold harmless , I'r_" the other from any and all liabilities he or she may incur upon the obligations of or assumed by the I, l.i' To', ,.," other, which indemnitication as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred, 8. Both parties agree that the hereinabove set forth Agreement constitutes an equitable , '~I ~'t , distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 4 -~ ; 9, Husbsnd does hereby release, remise, quitclaim and forever discharge Wife and the estate of the Wife from any and all claims he has now, ever may have or can at any time have against :1 the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under the Intestate Law arising by any right to take against the Wife's will, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to \, spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. " 10, Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband Irom any and all claims she has now, every may have or can at any time 1\ have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate law, wising by way of any right to take against the Husband's Will, arising under the Divorce Code, ., , Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. I], The parties have two children, Courtney 1. McGowan, born November 6, ]991 and Colton E. McGowan, born September 27, 1992.. The parties shall have shared legal custody of the " children, while Wife shall have primary physical custody. Husband shall have partial physical custody I , ',y , , at such times as the parties from time to time agree, 5 12, If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enlorce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable allorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Cede or otherwise as the same shall be determined by the Court, I), The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely inlormed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, 14, This Agreement constitutes the entire understanding of the parties, There are no covenants, conditions, representations or agreements, wrillen or oral, of any nature whatsoever, other than those herein contained. 15, This Agreement is subject to modification only by a subsequent legal writing signed by both panies It shall be construed according to the laws of the Commonwealth of Pennsylvania, 16, Husband and Wile acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences, 17, This Agreement ~hall bind and inure 10 the benelit of the panies hereto and their respective heirs, executors, administrators, successors and assigns, 6 " " ", " , " " ':1 I, r, Q '13 ~1 ~."T,'" l,J'I <. ":~ '-j ij\'-' ;,:) I;;~ " "1-) "', ' .- fI',.- . en =>-1 :;;~ ~': ~, .~~l ,.( ; .'. s:<:; ~ ,;) ~:;: -~ ., ,,. -) ..., ::.! ....., " HOLLY L. McGOWAN, Plaintiff IN THE COURT O~ COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-2205 CIVIL TERM v. TODD E. McGOWAN, Defendant . . CIVIL ACTION-LAW IN DIVORCE P~CIP. TO TRAK8MIT RZCORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce code. 2, Date and manner of service of the complaint SERVICE Jlli THE DEFENDANT VIA U.S. CERTIF1ED MAIL-RESTRICTED DELIVERY ON MAY 6. 1996. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of under Section 201(d) of the divorce :ode: by the AUGUST 1\. 1996 by the dehndant AUGUST 10. 1996 (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the divorce code N/A consent required plaintiff ; (2) Date of service of the plaintiff's affidavit upon the defendant N/A " 4, Related claims pending NONE 5, Indicate the manner of service the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 201(d)(1)(i) of the Divorce Code N/A , , , ~u.5IL- MICHAEL A, SCHERER Attorney for the Plaintiff , '" ~~ Q.-:--> -d :-. <',I a!~ j ;' i ,. tQ-. &J.tl ,,-' ; ." ( , S?~ .~ ~ r' ,.., I, , \.J ( , 1.., "'if'\') (! . I l 1~ t. ,~ 6 (j ~r") - ",.. ~ \jet. " 1Il 0( " ~ " " ~ " " c. ,. " '" " >- " " zEo< . " U " 02: ~ . " l>: ~ '" Z I ~;J< < " 0 < ~ 0 0... ~ :1:.., " > ~ " oUz 0.... " ..... '''' t - Uo< e>.... Oc " Q :ZU ~ ~ < r.. 2: ~ U'.. Cl", 00: " " ~ x., u'tl :z .0 ...0 ~ ~ ~ ~ 0<>- c . Xc ..... '" Eo<> ~ E > u ~(J] ,'.. . III '" UH ~ ~ '" Eo<l>:z ~'" ",""' Eo< ... 0(0 l: :z " ~ ~ lti"'Z ... III " " Q all>l >-'" 00 ..... ~:z ~ o~'" ~ 0( " ...... 5 ~ ~ ~ 0 ~ I > C2 ,. Uu 0 or, 0 c. ... "" .., ~"" ::t E-< X U 0 ~ 0 ::to U E-< Z ..... " . .. ~ . IIlLLY L. McCDlAN, Plaintiff IN '!tIE CXXJRT OF cx:MDl PLEAS ~ CUMBERLAND CXXlNTY, PENNSYLVANIA v. 96- c2.:;J.oS CIVIL 'll!:RM TaD E, MG<D>IAN, CIVIL ACI'IOO-LAW IN OIVORCE Defendant cx:MPLAltn' UNDER SECI'IOOS 3301 (c \ AND 3301(d\ OF THE DMlRCE CXlDE 1. Plaintiff ie HOlLY r" McGa<iAN, an adult individual who currently reeides at 29 Big Spring Terrace, Newville, CUrrl:lerland COUnty, Pennsylvania, 2. Defendant ie TODD E. McCn/AN, an adult individual who currently resides at 580 Greaaon RI:lad, Carliele, Cuntlerland County, Pennsy 1 va.nie.. 3. Plaintiff and Defendant have been bona fide residents in the CamlollWelllth of Penneylvania for at least six lOOnths imnedJ.ately previous to the filing of this Calplaint, 4, The Plaintiff and Defendant were warried on May 1, 1992, in Newville, CUrrl:lerland COunty, Pennsylvania, CXXJNT I - DIVORCE 5. Plaintiff hereby incorPOratee by reference averments 1 through 4 as if each averment were set forth fully hereunder, 'i' , I, 6, There have been no prior actions of divorce or for annulment " ,1:\ between the parties as to their current man'iage, 7, Neither Plaintiff nor Defendant is in the Armecl Forces of the united States, 8. Plaintiff avers that the marriage between the parties 1s irretriev8hly broken. " "~I 1 I I I I I II II , 9. The plaintiff has been lIdvised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 10, Plaintiff avers in the alternative that Defendant, in violation of his marriage vows and of the Laws of the COOIOOnwealth of Pennsylvania, has offered such indignities to the person of the Plaintiff, his injured and innocent spouse, as to render the condition of the Plaintiff intolerable and life burdensome. 11. This action is not collusive. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. roJNT I I - ECUITABLE DISTRIBUTICN 12. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 11 of this Catplaint. 13, The parties have acquired autanobiles, a rrobile hane and personal property during the course of their marriage. 14. The aforesaid items are rrarital property 8I1d the Plaintiff requests that they be equitably divided. WHEREFORE, Plaintiff respectfully requests this Honorable Court to entsr a decree which effects an equitable distribution of marital property, roJNT III - C:US'IODY 15, Plaintiff hereby incot:pOretes by reference all of the averments contained in paragraphs 1 through 14 of this catl>lIint. 16. The parties have two children of their merriage, COrtney J, McGowan, born NovElTber 6, 1991 and Colton E. McGowI:In, born Sept8Tber 27, 1992, ... ~:-,. . 1ftIEREFQlB, Plaintiff respectfully requests that this Honorable Court enter an order which effects custody of the parties' two children, Respectfully submitted, Date: t.;. 1.'1' 9(, #~k( a. s;./~ Michael A, Scherer I,D. * 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff I, I l' " " _.4I.r/~ .tiel"". ..ClCII S \1') '71 O"l ja. b -:l ':': 'J '1" It') .1, -, " Q) ,.l .. , ~c :::~ > J~I '.~ ~( '-~ ..1 ('I ~ (~ 1oS-;\' :'~ - 'J"->. . . ...... ~ .;, I" " -' HOLL Y L, McGOWAN, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-2205 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE TODD E, McGOWAN I Defendant D.P.NDART'S ArrIDAVIT or CONSINT, ACCIPTANClor SIRVICI AND WAIVIR or NOTICI or INTINTION TO REQUIST Inu or DIVORCI DICRII UNDER SICTION 3301(C) or THE DIVORCE CODE 1, A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 24, 1996, 2, Defendant acknowledges receipt and accepts service of the Complaint on May 6, 1996, 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice. 5, 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, 6, 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counsel1ng. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I underBtand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities. Date: Cl.IO ,)(., ~ j' ~&,~- TODD E. McGOWAN " " 2 '.0 !? '.:1' ~i':; '''"' .;1 c.:::: ~\ l: . ti' t\~' ,- j.. <:;n '1,J R' ,.-'> I., ..., :::'~ r:'. ~'C, ,~ S;o ~ i~1 ., ~ - rQ ) -.I " ''',:.' , , " ,,:' 'II ",I ", ,i , " , HOLL Y L. MCGOWAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-2205 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. TODD E. McGOWAN, Defendant CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Poscal Service Certified Mail, rsturn receipt card. O'BRIEN, BARIC & SCHERER BY ~Uf;A- Michael A. Scherer, Esquire DATE: 8/0,q(, 'i . .~_'Ir4'Oftfof"IIol.~","'_~';':-";"', ' .coo...... _ ~, ... ... 4b, I .,..,. your IWN'" Idd..... an tII .......you, ....."" fofmtofllfront of... .e::__/IoqI 1>4'''' I .TllO__pt"'.....,o_ 1- \ . to: 1/l;\llJ [, (ri" (:, LUOIl m.!) ~I) ll(,d,~{)n f>l:'),I ", I {I ( II ( II: ) I~' , ' / (, ' " " ' I IJ,.I I-I I . ,,'4 ',"-0 " ,I, ~ V) ~~ m, If: T;: iJ " ':'3 ::1 ~J : (.'.:'\ I , ~i ,) ",., ',I. . ~' 1', :~ ~, .. A ""' .-: ~I .... il:,\ " I I I , l ',' " to , , , " , " ) ," ( ( r I I' :, II, \. " i ~- ,