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HomeMy WebLinkAbout02-5920DAVID L. GODWIN, PLAINTIFF DARLENE S. GODWIN, DEFENDANT IN THE COURT OF CO~ON PLEAS C~ COUNT~, PENNSYLVANI3~ No. IN DIVORCE NOTICE TO DEFE19D 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 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator,s Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 DAVID L. C~ODWIN, PLAINTIFF DARLENE S. GODWIN, DEFENDANT IN THE COURT OF CO~ON PLEAs ~ COUNTy, ~ENNSYLVANIA NO. 02- ~ IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF TEE DIVORCE CODE IN DIVORCE 1. The Plaintiff is David L. Godwin who resides at 26 Regency South, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Darlene S. Godwin who resides at 26 Regency South, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant Were married on May 12, 1984 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. There were no children born of this marriage. 9. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 10. The Plaintiff has been advised of the availability of COUnseling and that Plaintiff may have the right to request that the Court require the parties to participate in COUnseling. 10. Plaintiff requests the COUrt to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint 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:~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this /0~ ~ _ day of eC~f~ , 2002, by and between DAVID L. GODWIN, (hereinafter referred to as "Husband") and DARLENE S. GODWIN, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on May 12, 1984; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. 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 maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor 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. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Husband is to remove his items of personal property from the former marital home within 20 days of the execution of this agreement. 4. AUTOMOBILES The parties own a 1991 Chevrolet Beretta, 1995 GrandAm and a 1994 Honda Goldwing motorcycle. Husband shall have all right and title to the 1995 GrandAm and 1994 Honda Goldwing. He shall maintain insurance on his vehicles and be responsible for all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Wife shall have all right and title to the 1991 Chevrolet Beretta and shall maintain insurance on her vehicle and be responsible for all maintenance. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 5. DIVISION OF RF~%L PROPERTY The parties own no real estate but are the owners of a mobile home located at 26 Regency South, Carlisle, Cumberland County, Pennsylvania. Husband shall transfer all his right and title to the marital mobile home. There is a joint lien on the mobile home. Within 30 days of execution of this agreement, Wife shall refinance the joint loan to remove Husband's from any liability. If Wife is unable to refinance the loan on the mobile home within 30 days, she shall be required to remove necessary money from the funds she receives from Husband's 401(k) as set forth in paragraph 8, to pay off the joint lien on the mobile home. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have no other stocks, bonds or investments other than those set forth in this agreement. The parties' joint checking and savings accounts have been equitably distributed. Each party shall be entitled to maintain their separate accounts and investments and hereby releases any interest he/she may have in the other's accounts or investments. 2 7. MARITAL DEBTS Husband shall be responsible for all debts solely in his name and Wife shall be responsible for all debts solely in her name. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement. Wife shall be responsible for the debt on the marital mobile home and lot rent. Husband shall be responsible for the approximate $9,800.00 marital BankCard Services account. 8. PENSION AND P~TIREMENT ACCOUNTS Husband has a 401(k) account from his many years of service to Quaker Oats. The present value of Husband's 401(k) is approximately $136,000.00. Wife has no retirement or pension account. Husband shall, through a QDRO or other appropriate document, transfer $60,000.00 from his 401(k) account to Wife's designated account. Husband shall not be liable for any taxes or penalties on Wife's $60,000.00 transferred. If Wife chooses to place her $60,000.00 into a non-qualified ERISA account or otherwise withdraws any of her $60,000.00 she shall be liable for any penalties or taxes on her withdraw. Wife shall be entitled to all interest and other benefits derived from her $60,000.00. Husband shall be responsible for the preparation of the required QDR0 or other document and shall be liable for costs incurred for the QDR0 or document. The parties agree to cooperation with each other to obtain all information required to secure a QDRO or other document. Other than as set forth in this agreement, Husband and Wife release any interest that they may have in the other's retirement or pension plans or accounts. 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE The parties' earning capacities are equal. Husband earns $10.00/hr at Carlisle SynTec and Wife earns $10.30/hr at Carlisle Tire and Wheel. Each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive support, alimony pendente lite or alimony. 10. FILING OF IRS RETURN Husband and Wife agree to a joint tax return for 2002 and separate tax returns in all future years. The parties shall equally share in any refund or deficiency for the 2002 tax year. 3 1 1. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. Husband shall file a no fault complaint in divorce in Cumberland County. Each party shall promptly accept service and sign the documents necessary to obtain a divorce under section 3301(c) of the Divorce Code. 12. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 13. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 14. CONTINI3ED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 15. BP. EACH If 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 the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 1 6. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties. Each party acknowledges that there has been a full disclosure of all assets and that the agreement is fair and equitable that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and their legal rights with an attorney. 4 17. WAIVER OF CLAIMS AGAINST ESTATES 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 rights he or she may now have 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, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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 default of the same or similar nature. 20. PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 21. 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. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 5 Commonwealth of Pennsylvania: County of / : ss PERSONALLY APPEARED BEFORE ME, this/O day of ~ , , 2002, a notary public, in and for the Commonwealth of Pennsylvania, David L. ~odwin, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto ~h-Lnd and official seal. NOYA~.£ ~TA Notary Public L/ Commonwealth of Pennsylvania: County of : PERSONALLY APPEARED BEFORE ME, a notary public, in and for the Darlene S. Godwin, known to me person whose name is acknowledged that she contained. thi40 day of ~ , 2002, Commonwealth of Pennsylvania, (or satisfactorily proven to be) the subscribed '~ the within agreement and executed the sa% for the p, urfos herein Notary Public~/ " 6 DAVID L. GODWIN, PLAINTIFF v. DARLENE S. GODWIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05920 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 12, 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DAVID L. GODWIN, PLAINTIFF Vo DARLENE S. GODWIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05920 IN DIVORCE WAIVER OF NOTICE OF INTENTION .TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree 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. DATED: I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn ~ - DAVID L. -~IN ' DAVID L. GODWIN, PLAINTIFF Ve DARLENE S. GODWIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05920 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 12, 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DARLENE S. GODWIN DAVID L. GODWIN, PLAINTIFF Ve DARLENE S. GODWIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05920 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(¢) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: DAVID L. GODWIN, PLAINTIFF DARLENE S. GODWIN, DEFENDANT IN THE COURT OF COMMON PLEAS ~ COUNTY, PENNSYLVANIA NO. ~00~- O59~0 IN DIVORCE ACCEPTANCE OF SERVICE I, Darlene S. Godwin, accept service of the Divorce Complaint in the above captioned matter. Dated: Darlene S. Godwin 26 Regency South Carlisle, PA 17013 DEFENDANT DAVID L. GODWIN, PLAINTIFF Vo DARLENE S. GODWIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05920 IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on December 12, 2002 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on December 20, 2002. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA (717) 731-1461 17011 DAVID L. GODWIN, PLAINTIFF Ve DARLENE S. GODWIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05920 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: On December 20, 2002 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Defendant, March 24, 2003. 4. Related claims pending: By Plaintiff, March 24. 2003; NQn¢ 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on March 28, 2003. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on March 28, 2003. Thomas D. Gould, Esquire Attorney For Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~. PENNA. DAVID L. GODWIN, Plaintiff VERSUS DARLENE S. GODWIN, Defendant N O. 2002-05920 Decree IN DIVORCE DecreED That DAVID L. GODWIN 2003 , IT IS ORDERED AND , PLAINTIFF, and DARLENE S. GODWIN , defendant, ARE 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; THE MARRIAGE SETTLEMENT AGREEMENT DATED DECEMBER 10, 2002 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE BY THE ~OUrT: ~ ~ R~ZIT H O N OTA RY