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HomeMy WebLinkAbout96-02209 I I \ ',' . " , . " ,. '" , \ I ! " , .' ,.,,- " , J I I I I J I I .. 0 t1 '" . " 0" - .:c. ':co .:c- '.. '.' .;.:. -:.:. .:<<. .:c. ':lIe' .*, .:.:. 8' .., ,," . -..,. ,..., ' ~ 8, 8: I ..' "f " "I ~i ~; , i l!!, , M : I ~I ~I 81 ~ . ... .:.;. .~. .:.;. .:.:. ,:.;. .:.:. .:.:. -:.:. :. .~.:. -:.~. .:.:. .:.:. .:.:. -:.: .:.:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF ~~~ COUNTY PENNA, sctIDRA J. GCXlDLING, ;\; " ), 96-2209 CIVIL TERo1II) Plaint.iff V.'I",ll:; Dl\VID F. GCXlDLING, .. ~ Defendant ~ ~I I 8! Wi .1 81 " i 8 8 8 ~ 8 8 8 ~ 8 8 ~ ~ 8 . . . -. --- -, '" ,,., ... ... ... , DECREE IN DIVORCE AND NOW, . , J o,.U)c,l4 . 19.96. . " it is ordered and ., plaintiff, " defendant, SONORA J, GOODLING decreed that .". and, , , , , . , . , , . .DAVID ,F.. .GOODLIN:; . ore divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which hove been raised of record in this action for which 0 final order has not yet been entered; AND IT IS FURl'HER ORDERED, that the teIllIs, conditions and covenants set f9-rUl,:iJ:I.~,'(o'+~~~\.~~.;1U9l:l.!\gf~nj:. ~~. P~1='!:Y. !>E:lj:j:~~nj:~, anIi. entered into by the parties on May 1, 1996, are incorporated into this Decree by. refe.rena! , thereto,. but, not merged into this. Decree.. . .:..' .:.> ';4 ~ Ii Bv Thro CO\lI't: : Ii)...... a !i AlI."I: ~~,~ :;:~, I.. f ',(~c '-' '~l.,-tic.~~~ '~,!.Ih''-\- [ 7l",~.2"t.r . 0.--t;. ,~ Pn:'tit:,HfI ill" y :" ..~-~~-*.~.~*.~..~..~..~.,~.~.~..*..~,.~:'~..~,~. :M , . : :~ ~ . ~ i': I'. I~ !~ I~ ~ ,;, " s ~ I', ~ '.' ~ ,,. ,;, ~ ~ ~ .,. '.' i~ 18 ',;, '''' i~ I~ \',' , . i... ,~ )~ , ~ , .~ ~ , i~ :!. ~ ~ ~ ~ ~ . Ok ~. , Ii' \, 7 ~ ff>.......l..1 t, U. ." LAW OJrICllI HEPFORD, llWARTZ A MORGAN . IIII\1OITH FRONT ~TlnT '.0. lOll "' HARIlllllJRG, .INN!>YI.V4NI4 111....... n:U'HONF. m lw..1U Ilk.9t:-;);)l1 /) -"/_4"'-', C, ., ' (1.( '~7 u. rtr"......... ._....::-~: .. ~ ..-.' . I SEPARATION AGREEMENT AND PROPERTY SE'TTLEMENT II i I This Agreement, made and entered into this h day of ~1rY , 1996, between III SONORA J, GOODLING, ofCumberlMd County, Pennsylvania, hereinafter referred to IlS "Wife,' and II I DAVID F, GOODLING, of Cumberland County, Pennsylvania, hereinafter referred to lIS "HU8band." j I' WHEREAS, the parties heret" are now Wife and Husband, having been lawfully married to each I other on May 8, 1960 in Cumberland County, Pennsylvania; I WHEREAS, there have been two children born of this marriage between Husband IlI1d Wife, each I I of whom have reached the age of llU\iority; , WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof IlI1d their other rights, including each spouse's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights 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; WHEREAS, each party warrants, lIS part of the consideration of this Agreement, that each has fully and completely disclosed all information of a fmancial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREA."l, other than lIS set forth herein, both Husband and Wife desire fmally and forever to relinquish all of their rights to be supported by the other and all of their rights of dower, rights as heirs or surviving spouses or otherwise, actual, currently existing, or inchoate, in and to the real and per80nal property of the other party, now ~wned by the other party or which in the future may be owned by the I other party, and all rights to equitable distribution, alimony, alimony pendente lite, counsel feel, or I expenses; I , II Ii , II II . . NOW, THEREFORE, the parties hereto Intending to be lep11y bound hereby do hereby mutua1J,y lIllI'ee 118 foUows: 1. Separation. Husband and Wire do hereby mutua1Jy lIllI'ee and conlent to live eeparate and apart and do further llgI'ee that it shall be Iawt'ul for the Husband and Wire at all times hereafter to !live separate and apart from each other, and to reside, from time to tlnte, at luch place or places as they I I ,I I respectfully shall deem fit, free from any control or restraint or Interference, direct or Indirect, by each othl\!r, 2, No Moleatatlon, HllI'88lIment or Interference. Neither party shall molest, harass or Interfere with the other or compel or endeavor to compel the other to cohabit or dweU with him or her by any me8J\ll whatsoever, 3. Mutual Property and Eatate Waiver. Except a, otherwise expresa1y 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 this 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 forbellJ' the rights of dower or curtesy, rights to Inherit, rights to claim or take the Husband or Wire'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 representallves, 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, 8lI though unmarried, without any joinder by him or her, sell, convey, trllJUlfer or ! : encumber any and all real estate and personal property which either of them now or hereafter own or I' po8lless and furl.her agree that the recording of this Agreement shall be conclusive evidence to all of his I or her right to do so, The said Husband and Wire do hereby irrevocably grant, each to the other. .hould II the exercise of this power hereby given be necesaary, the right and the power to appoint one or more i! times any person or persons whom the Husbend or Wire shall designate to be the attorney-in.feet for the Ii I! II It I , I, , li I , .. ....' I II , .. other, In their lWI1e and in their .tead, to execute IlIld acknowledge any deed or deeds, rele"""s, quit , ' clalme, or I18tisfactiolll, under eeal or otherwise, to enable either party hereto to aUenate his or her real or peraonal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives an,y right of election contained In Chapter 22 of the Pennaylvania Probate E.tates and Fiduciaries Code, IlIld any right to seek or have IlIl equitable diotribution of married property ordered by the Court suboequentto Section 3502 of the Divorce Code. Each of the parties hereto further sgJ'!es thet neither shall hereafter be under any legal obligations to support the other, pay any expense. for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto doe. hereby waive any right to receive support, alimony, alimony pendente Ute, coulllel fees, expollles, or IlIlY type of flJUUlcialassistance whatsoever from the other, e"ceptas otherwise expressly provided for herein. 4, D1vi1lon ot Penon.l Property. The parties agree that they have divided their personal property to their mutual satisfaction and waive IlIlY claJms by either party on the property which is in the possession of the other, Henceforth, each of the parties shall own, have IlIld enjoy, independently of an,y claim or right of the other party, 8!l items of personal property of every kind, nature, and description and wheresoever situated which are now owned or held by or which may hereinafter belong to Husband or Wife, respectively, with full power to Husband or Wife, to dispose of the l18Jne 88 fully and elTedua11y In aU respects IlIld for 8!l purposes as if he or .he were unmarried, Husband waives any claim to ownerohip of Wife's US Savings Bond and annuity type insurllllce poUcies, 5. Deblll, The debts of the parties secured by real property are diacussed in parllllJ'aph 7 below, the automobile. discussed in paragraph 8 below, and Husband's business and aaeets of Husband's busineSll diecussed in paragraph 9 below IlIld the re.polllibility of the parties in regard to these debll are I II discuesed in full in each of those re.pective paragrapha. Furthermore, Wife 8llI'eetI to be relporulible, and I! ii to hold harm1eSll and indemnify Husband for the following debts: Visa hcount No. 4271.3828.2034.2711 :1 I, (Citibank Preferred); ViM Account No, 4128.0031.3052.3916 (Citibank Claeeice); and the Franklin County I! I' Teacher'e Credit Union Loans in both her lWI1e and husbllnd'llWI1e. Furthennore, Hlllband ._to i, I I' .. be relpolllible, IUld to hold harmlell8 and indeRlJ'liJy Wife for the fonowlng debtl: American Exprell8 Mount IUld all other credit Cftfda In hls llMle. 6. Future Debtll, The parties further agree that neither will Incur any more further debts for which the other may be held liable, I1Ild If either party incurs s debt for which the other will be liable, that party Incurring such debt will hold the other harmlell8 from any IUld allllability thereof. 7. Real Property, A. The plU'Ues agree tlultthe real property located at 622 Thornwood Lane, Carllole, Cumberland County, Pennll)'lvania, shall become the sole property of the Wife. Wife further covenantslUld agrees to either ref1nMce the existing first and second mortgage obligations on said premiaesl\8 well 81 the Franklin County TellCher's Credit Union Loans referred to In paragraph number 6 above or, if such finaneing is not available, agrees to pay and discharge said obligations in accordance with their terms, and agree. to Indemnify Husband from any 1011 by reason of her default and the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. B. The parties are owners of two parcels of real eetate located In Fremont County, State of Colorado. Each of these properties shall become the sole IUld separate property of Husband. 8. Automobiles. The parties sre currently the owners of a nwnber of automobiles. The 1976 Mercedes 460 SE and the 1979 Fiat Spider 2000 Convertible shall be the sole IUld separste property II of Wife, All other vehicles shall be the sole and separate property of Husband, Furthermore, Husband I waives any claim to the 1986 Mercedes 660 SL that has been lICquired by Wife. Any Indebtednell8 or liens I "ecured by any of Husband'. vehicles shall be the sole responsibility of Husband IUld Husband qreell to Ii hold Wife harmlell!l from any personal liability in regard to thls Indebtedneu. Further, any Indebtednetll I ~i or liens secured by any of Wife 'II vehicles shall be the sole responsibility of Wife and Wife lllP'eel to hold I, I' Husband harmleM from any personalliabilit,y in regard to thls Indebtedneu. I 9, Bualn_. HUllbftnd is the sole proprietor of Goodling's Tire Service. It Ie the qreement of the JlftI'ties that this businellll, and elI_ts relsted thereto, shall remain the sole IUld eeparate property I' II il - I ,I . . oC HUlband. Wire relinquishes and releues any and all clalma to an interelt in this llU8inese as maritsl property, now or in the future. Husband shall be solely respolllible Cor all debts and llnbilities oC the bUlJinel!8. except as otherwise exprel!llly prllvided Cor herein, and sgrees tll hold Wife harmJellll Crom III1.Y I perllOnalliabUlty resulting Crom such indebtednel!8, , I I I I I returns. Both parties agree tlult in the event any deficiency in Cederal, state, or local income tax is , proposed, or any MSellllment oC any such tax is made againllt either oC them, each will indemniCy 8I1d hold I harmlel!8 the other Crom and lllJIIInst any 1085 or liability Cor any such tax deficiency or assessment 8I1d llllY I I interest, penalty, and expense concurred in connection therewith, Such tax, interest, penalty, or expellle I shall be paid soll!ly 1l11d entirely by the individual who ill fmally determined to be the cause oC I misrepresentations or failures to disclose the lI8ture and extent oC his or her separate income on the I; aCorell8id joint returlll, II II , to Uve separste and apart 8I1d the provisiolll contained herein for the respective benefit oC the parties and I I I other good and valuable considerstion, the parties sgrel! to wllive any and all claima Cor any alimony. I: 12. Pension. Both parties sgree to wllive any clalma they ~ have to any pension or I employment benefits of any kind, earned during the marriage, by the other party. I 13. Counsel Feeso and Court Coeta. Each party has had the opportunity to review and II discuss this document with an attorney of their own choice. Each party shall be responsible Cor their own . attorney's fees in regard to this matter and in regard to the contemplated divo~e action. The partilll ahaI1 \ II share equally court costs involved in regard to the Ii1ing oC the contemplated di"oree action diacuued In I i the paragraph below. il 14. Divorce. The parties acknowledge tlult an action Cor divorce between them hat been i I contemplated and will soon be filed in the Court of Common Pleas oC Cumberland County to the caption , !i David F. Goodling v, Sondra J, Goodling, The parties acknowledp their intention end epeeIIIII\t to , 10, Income Tu Retum.. The parties have heretofore filed joint federal and state tax 11. Walverot Alimony. In consideration oCthe mutual sgreement oCthe parties voluntarily " proceed in I18id action to obtain a final decree in divorce by mutual consent 011 the pounda that tbIir " 1 i marriage is irretrievably broken, and to settle amicably and Cu1Iy haeby all clalml raIaed by eithar paftJI I: . . . I I Ii !,\ I " I , , , , r " . ',) ;-, ,;1 E" ) " I . ;.., /,.-> I ) .. ".'jl ., , U) ~J . , SONDRA J. GOODLING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. c;~ /1,). 01 (I Ctll ( ,J III .,....... DAVID F. GOODLING, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. I f you wish to defend against the claims set forth in the foll.owing 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 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 Off ice of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 /&~~7fl~ .sandra L. Me~lt , Esqu re HIPrORD, SWARTZ " MORCJAH 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF SONDRA J. GOODLING, IN THE COuRT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tjCt ~JNI (f { [L," ( Jr( H'''''' DAVID F. GOODLING, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE .// l/ l. Check either (a) or (b): , (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i) / (ii) or both) : (i) The parties to this action have not lived separate and apart for a period of at least three years, (ii) The marriage is not irretrievably broken. 2. Check either (a) or (l.J): L ' (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony / division of property / lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-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 authoritie(. ('. ((' \ ,I Date: IJj/(/1f.- \\" \' ~'-'/\" I ( ~F. Goodling, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counteraffidavit. ;'" ',I ., ,~ I ~ " "1 1"1 :1'1'1 -, ,>J -', " ','; ---.........'.".-..- . ,. , ....1 SONDRA J. GOODLING, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96-2209 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE . ,I, DAVID F. GOODLING, Defendant 'I I, i,/i,' 'I'" J"I.:II hi l'~;'~; " IWi' i'I,I;': ,11' Ir' ~I.',:.' ~I;"J ~:", '\1\"" rn,:"jl -IJ, Ii" (,,1 ,~ ," , \ \1: , ' \1,,:,', , ~ i . ' ~~h; II}/'- : ~Ii :' 1", :i; . NOTICE OF INTENTION TO REOUEST ENTRY 9F DIVORCE DECREE To David F. Goodling, Defendant: Sondra J. Goodling, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after June 14, 1996, requesting a final decree in divorce be entered. :, (~~ III 'lll'! "", fi^l. \"/'" ,1\" 111'11 \,]t\ ~,~ V JI,"-,' '1Yi'''j )'-' ("tV li~Y,); lil';_\: I.e" f"li (,:/ ,'-lJ". ':.f:\! :I\;'i\11 ~!i';'I' !~'V_ i),.r\L ' 'i).,,',,:) :~,~l;;'i I,,',-d fl'.,!' i;,! \\,Tl' ',-,,:'h. I'l'ft.'! Ii"", -I, Dated:S-!J.i{ )tJ'47 .J~,p,~c7'91~ Sandra L. Meilton, Attorney for Plaintiff , " . ., . . , .. .. CERTIFICATE OF SERVICE AND NOW, this 24th day of May , 1996, I, Joanne M. Bennett, legal secretary to Sandra L. Meilton, Esquire, for the firm of Hepford, Swartz & Morgan, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Robert P. Kline, Esquire 32 South Bedford Street Carlisle, PA 17013 ~ (:).;. ,/' _.- JtO/M'4f...17 d 6 ____~ (~"Joanne M. Bennett " , ,