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HomeMy WebLinkAbout97-01658 .:.;. .:.;. -:+:. .:.:. .:+:. .:.:- f.:.;. .:+:.1.:<<. .:+:. .:+:. -:.:. .:.:- .:.:- .:+:. .:+:- .:.:. .:.:. -:.:. -:.:. :. .:+:. -:.;'.'~.:' ..~\~. .:t;. .~:- .:+;. -:.;. .:+;. ';4 . --.-..---~_.....-....-- -....... ..............-.........-........-----.... ...........""-.._,-......_~. _......- ...-........- ...-...-~ ---....-....-..-....~~ ....-~... -........-.-....-...-~~~----_. . ~ ~ w ~.' ~ IN THE COURT OF COMMON PLEAS w '.' ~ '.' ~ '.' OF CUMBERLAND STATE OF ~~~ ~. '-..........~.,;...r PENNA. COUNTY ~ 'I w '.' ~ '.' ~ 'I ~ KEVIN J.M. GROSS, w '.' Plaintiff, i\: o. ,~lj.5,El..,....... ..~IVIL II) 97 ~ '.' Vt'I':HI~ s JANET A. GROSS, ~ '.' Defendant W 'I " W '.' ~ DECREE IN DIVORCE w '.' SJ ~ ,; ~ '.' AND NOW, ' .. ,it" tY~ ..o;\.. \ ':\ .. , .. , .. " 19, c:l, '1., it is ordered and decreed that ..""",'...,,'. ,~,{~l-!,~ ',~!: .~~~~, .. .' , . . , . . .. . " plaintiff, and. . .. , .. .. ... . .. .. , , . . . . . . .. . .;J(ltll':r. (II. S'F9?? , , , , .. '. . , , . . " 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 Separation Agreement dated June 8, 1994 is incorporated but not .......... ........ ........................ ... ... .... ........ ........... .... w '.' , merged. inl:o, !:his, Decree,., , , , , , , , , , , . . , , , . , . , . . , . . . . , . , , , , . , . , , . . , , , , , , , , . , ~ ~.' n y Tile ell 1I r I :/) \ /J~ tUV'J ~L O,k'c r. I Allest: o..:..zr~~,<:(e~( ~ ;~ J. -4~.(,~ ,~ ~A-, ~7! 7 - 7 Prnthnnntarr ~ ... ~ f.' ~ ':> ~ " ~ ~ ~ ~~01.--:''':'-:;':: .:.: .. ~ ~:. .:.:. .:.:. .:+:. .:+:. .:.:. .:.:. -:.:. .:+:. .:.:. .:+;. .:+:- .:.:- .:+:- -:.;. .:.:. -:.;. .:~;. .:+;. -:.;. .:.;. -:t;. -:.:. .:.;. ~ 'I ~ '.' ~ '.' $ ~ .. to ~ '.' ~ $ $ * ~ ~ ~ ... ~ I~ ~ *- '.' ~ .. ~ ~ $ .. ~ $ ~ ~ $ ~ I~ I~ I':' ,~ " I.. 1':- .. )'.' , , :~ " ~ ~ $ i~ DRAFT '#4 - 4/12/94 --~-- MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 'S,~..... day of ~\..t...."y 1994, by and between KEVIN M. GROSS, hereinafter referred to as "Husband", and JANET A, GROSS, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 21, 1991i and WHEREAS, certdin differences arose between the parties as a result of which they separated on October II, 1993 and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them reluting to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one againet the other or against their respective estates ,tot' equitable distribution of all marital propertYi and a reeolution of all mutual responsibilities and rights growing out of the marriage relationshipi and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney Carol .:;, Lindsay, Esquire, and Wife by her attorney, Edward J. Weintraub, ~ Es uire, have come to the following I I( /l . . ,...:;;p.,-- (Inltlal) (Initial) .. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise 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 at such place or places as he or she may from time to time choose or deem fit. 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 may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since October 11, 1993 she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be /\l'?j' H~Sbb?~ ~~ ess fro~ ~ny ,tf (In~t~al) ( I '/ . responsible and shall indemnify and save ;!j/.)tl~: (Initial) 2 . . and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since October 11, 1993, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: RESPONSIBLE DESCRIPTION AMOUNT PARTY A. DAFCU $5,800 Husband & wife B. ITT ? Husband & Wife C. Visa DAFCU $1,OOO Husband D. Sears $ 900 Husband & Wife E. Boscov's $ 500 Husband & Wife F. Visa Citibank $ 600 Wife G. Mobil $ 135 Husband & Wife H. Mortgage $49,000 Husband & Wife 144 Herman Ave. r. Texaco ? };1J'1~ (Initial) (Initial) 'I . 3 . The parties agree that Husband shall be responsible for debts A, B, C, D, E, G and H above and Wife shall be responsible for debts F and I. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein, since October 11, 1993, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1960. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had .", '1 f. or all cause or Cf1~S~~_.cl fir-/- Ji or now has action for against the other, except any tJ,/lI..f~ (Initial) / I (Initial) 4 , , divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302, 7. EQUITABLE DISTRIBUTION: A. 144 HERMAN AVENUE: Wife agrees to transfer to Husband immediately upon signing of this Agreement, all of her interest in and title to their jointly-owned real estate at 144 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, subject to the original mortgage of approximately Forty-Nine Thousand ($49,000.00) Dollars given to Payne Webber, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligation on said premises and agrees to indemnify Wife from any loss by reason of his default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto, (I) On the date of the execution of this Agreement, Wife shall deliver to Husband a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 144 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. T~~~fter~ Husband shall , 1.4 . /' rJIt~ (Initial) I be the sole own (Initial) estate and 5 , shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (2) Wife agrees that upon the execution of the deed, Husband shall become the sole owner of any and all homeowner I s policies, title policies and any other policy of insurance with respect to the real estate located at 144 Herman Avenue, Lemoyne, Cumberland County, pennsylvania, and shall be entitled to receive any payments now or hereafter due under such insurance policies. (3) Within sixty (60) days of the entry of a Final Decree of Divorce Husband shall refinance the existing mortgage on 144 Herman Avenue to satisfy or obtain Wife's release regarding the existing first mortgage on 144 Herman Avenue, Lemoyne, Cumberland County, pennsylvania. Pending settlement on Husband's new financing, he shall continue to be solely responsible for the existing mortgage insurance and taxes. (4) Within sixty (60) days of execution of this Agreement, from his 401K plan, Husband shall pay to Wife the sum Four Thousand ($4,000.00) Dollars for her interest in 144 Herman Avenue, Lemoyne Avenue, Cumberland County, pennsylvania. B. CONTENTS OF THE MARITAL RESIDENCE: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim i ' ~ .' ,.,. <;'1 ," ,_ IV~(Initial) and interest i( / 6 I . , furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence, except for the items listed in the handwritten list prepared by Wife captioned "At Marital Home", attached hereto as Exhibit "A". Wife shall remove these items from 144 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania within sixty (60) days following execution of this Agreement. C. CONTENTS OF HUSBAND'S HOUSE: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Wife's residence. D. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) The 1977 Dodge Ram, 1969 Beeline Camper, and Kawasaki Motorcycle shall become the sole and exclusive property of Husband. (2) The 1988 Toyota shall become the sole and exclusive property of Wife, subject to any liens or encumbrances. Wife agrees to indemnify Husband from any loss by reason of her default in the payment of any debt thereon and agrees to save future liability thereto. (Initial) (Initial) 7 , (3) The titles to the said motor" vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. (4) All automobile insurance policies will be corrected to reflect the ownership of each vehicle. E. INDIVIDUAL RETIREMENT ACCOUNTS. PENSION AND PROFIT SHARING: Husband shall retain sole ownership and control of his Pension and Profit Sharing (401K) plan, subject to his obligation to seek release from the plan and to pay over to Wife the sum of Four Thousand ($4,000.00) Dollars as here provided. F. JOINT BANK AND CHARGE ACCOUNTS: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. G. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claims of Husband, the property awarded to her by the terms of this Agreement, Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. ~'} . / / fl'1...8- (Initial) This Agreement ute a Initial) 8 , sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband., I. MISCELLANEOUS PROPERTY: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled,a nd if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him M/f(~~ { II / or her with respect to any other issue which is (Initial) (Initial) 9 inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. :1 iI, 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: " Both parties mutually waive all support, alimony or maintenance of any kind from the other party. In consideration of this waiver, Husband shall pay to Wife the sum of Five Hundred ($500.00) Dollars upon signing of this Agreement. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of ~ ;. [. .~ ... the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection . with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between ~p~rties, .may not be modified, ~ /If. .:S - (Initial) 10 I' I ../ reinstated at the instance of request of the Wife or Husband, or subject to further order if any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for ! .~ I any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEALTH INSURANCE: 11 insurance, ~.: ~ Either through employer l!;J,l ( (/,:.:2-- ( I ni t ia 1 ) (Initial) c:\wpll"jMIYano~.WA COBRA or otherwIse, Husband shall provide Wife with health Insurance until October 11, 1995 or theIr divorce, whichever comes later. Such payments shall not be considered as alimony. Said payments are not Included with the Income of the Husband within the meaning and Intent of Section 71 of the United States Intemal Revenue Coda of 1954 and not deductible from Wife's gross Income pursuant to the provisions of Section 215 of the United States Internal Revenue code of 1954. 11, ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties ere fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth In this Agreement In lieu of and In full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provIsion for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12, INCOME TAX RETURNS: The parties have heretofore filed Joint federal and state tax returns. Both parties agree that In the event any deficiency In federal, state or local Income tax Is proposed, or any assessment of any such tax is made against e' er f ~em, each . t // ( ,- l/ ~ (Initial) .: (Initial) 7 12 will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature estate. Each will, at the request of the other, execute, and extent of his or her separate income on the aforesaid joint returns. The parties shall file separately in 1994. 13. WAIVERS 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 limi tation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the . other, and right to act as administrator or executor of the other's acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both p~~ties will revoke prior wills or :fl/I($-- (Initial) testament 13 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any actio~ or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant. and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from ( (Initial) 14 (Initial) asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Husband at his cost by his Counsel will file an action for divorce under 3301 of the Divorce Code. Husband and wife upon request of the other will each execute Affidavits of Consent for the Court to enter a final Decree in Divorce on or after October 11, 1995, which date will be two (2) years following their date of final separation. The parties further agree that each of them shall be responsible for their own attorney's fees. In the event that such divorce action is concluded, the parties shall be bound by the terms of this Agreement which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. This Agreement shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: 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, or seek such other remedies or relief as may be available to him or her, and the party ~'hi.g/\hi' Agr..m..t ,hail" r.,po.,i' ..y'/tl..L:~~ - (Initial) yment of legal (Initial) 15 fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further save and hold harmless the other party t'/-)t/-:3- (Initial) hereby agrees to pay and to /?~an~all attorney's ,n (Initial) ...- 16 fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain on engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under thie Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the . request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this (Initial) (Initial) 17 effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect . to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~ ~ or any o~r laws.. Husband and Wife each (~~(~ ~nitial) elligently (Initial) 18 waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. 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, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality 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. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. /~lA.1~ (Initial) 19 (Initial) 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for , i convenience only. They shall have no effect whatsoever in ,j '( i determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LAW: This Agreement shall be construed under the laws of the commonwealth of Pennsylvania. 26. 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 only 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. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. fJj;tr -L (Initial) (Initial) 20 IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. ~et( ~f?~- Kyin M. Gross (} . I , , ; . . Carol , Esquire (SEAL) ......... Esquire 21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. BEFORE ME, the undersigned authority, on this day personally appeared JANET A. GROSS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. of GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~J~ ~ day , 1994. , ~ . ... ary Public in nd for the ~omrnonwealth of Pennsylvania NOTARIAL SEAL JANICE L. GLENN. Notary Public Ouncannon. Perry County My Commission Expires March 6,1998 23 >- ...,. r:: r.r; ('. .' ,.' t~.~ (~ I IU~; ~ :.) 0,. -,' r-< . I ' '-". ce, . - , C';I.' ,'I. e;, ,', Or'. (,; I l~ ) l. '. f.:!' , :1' 1 :: ~ ] ", 1':_ r: ~-J u.. r- " {., <r' LJ '- ..:\. f,:: [1'; '" ;.!.. c-J : ), IJ I(-~ l qi;', ,... .- ~( w.. " .::. ,': ,. (~..; I' ~ t . if: I.', .,'.J " .. , .l:.l... . '. .'. u. r- :.1 CJ U' o..J c\\lop~l\tll\lIh-":\~ltM rom Ilk N.lIkIJ.1J'.1I1 \t,urll _'1.I1J1J7 KEVIN J. M. GROSS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. DIVORCE Plaintiff vs. JANET A. GROSS. NO, 97. IISP CIVIL TERM Dsfendant IN DIVORCE COMPLAINT IN DIVOBkl; KEVIN J, M. GROSS, Plaintiff. by his attorneys. FLOWER. MORGENTHAL, FLOWER & LINDSAY, P.C" respectfully represents: 1, The Plaintiff is KEVIN J. M. GROSS, who currently resides at 204 Herman Avenue, Lemoyne, Cumberland County. Pennsylvania. and has been a bono fide resident of the Commonwealth of Pennsylvania for the past six months, 2. The Defendant is JANET A. GROSS, whose last known address is South Enola Drive, Enola, Cumberland County, Pennsylvania, where she has resided for at least six months. 3. The Plaintiff and Defendant both have been bona fide residents in 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 December 21, 1991, at Bethany Village, Mechanicsburg. Cumberland County, Pennsylvania. 5, That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code, r:\wpSl\divon:e\gnlfoll,CIlm file 14189.93411 M.n:h 18.I'm ~ I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements 'herein are made subject to the penalties of 1 B Pa. C.S. !l 4904, relating to unsworn falsification to authorities, Jj{" / /11 (1J(ldJ _ I K6vin J. M, Gross Date: 3 - ) Lf- 77 J I 'I <'I ..., I.. .,.. ~a ~~ ~ t.;~~ C"- __ .;;:- ~ i I , .... b.~ F~ UI.~ l-'-. 0"_' f~''- (jl; .Tl, f.ji , il: l ~ . ;.: I!. cJ (~ I c.: u. at. .)~ , . ,,'i 't~ i--:i ~- , 'f! , .~: ? ~1lib ", !,.... " ; .~ o ~ - O""~ \6 <i ?6t1 ":II i\ V r.L ". ... l., F- 0' (") cv: ,.:; c... j Y) " ='J , ~ : u.. <::: - :, " u Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1658 CIVIL TERM CIVIL ACTION - LAW KEVIN J. M, GROSS, vs. JANET A. GROSS, Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- Affidavit within twenty (20) days after this Affidavit has been served on you, or the statements will be admitted. FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Plaintiff By: arcl J. Lind y, Esquire 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243.5513 D"'~ 2IJ,Iqt/ 7 I KEVIN J. M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA NO. 97.1658 CIVIL TERM CIVIL ACTION. lAW VS. JANET A. GROSS, Defendant IN DIVORCE AFFIDAVIT UNDER SECTION 330H.dl.QE THE DIVORCE CODE 1, The Parties to this action separated on June 1. 1993 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3, 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. VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. /(:;'1~~'f IIY'I I?~/J~ c'9Vin J, M, Gross Date: ~s~/ / ~// 7 -- ('I ~. b~ ('. - , 1-' ".J UJ(~ (.1- .... ~.t ,.. .- U., ()I: I' r;:. 0\' (~ L.i...... - '\" r..:. .' ~~ j, .. lL 1- ::, U .... C.J . .' . , .. .. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEVIN J.M. GROSS, v. NO. 1658 CIVIL TERM JANET A. GROSS, IN DIVORCE Defendant PROOF OF SERVICE ,,~ " ~ . 12~ '" >- 0 ~ c ci: c 0 .:- III r O>~ .-i III ~ c C ::: Zi ~ 0 N 0- lr III >- Ul c:: 0 cr "':E o.f I'- o u. Ul rLI r-- - "''0 l1)~ti 0 .-i fi oQ " . '" .c: . "Ql c " 0; " :r 0.,_ ~ . Cl +J ,-... 5 , > ;l .0: rr'I Ql'- . - . .' ut: E 00: . 0 ll. f Ql Ql c . .0: Ul < ru 00" CCu zc~ '. . oQ +J ,.; ,Ill '. " '., ru ~r QJ .-i ~ .. ..; : f ' ,I c:: '" :0 " a. " :Ill III c:: : , ,i .( ,t') ,.-i rLI ,-.' . " - , .i ~ .. ;- .' c:.;: 1661 aunr 'OOSE WIOj Sd ... ,:I .CornpIIC.It~ 1l/'1d1or2forlddition&litMeel. . .ComptIC.Itlml3, .... and "b. '.,: I .Pt1n1)'OtM' name and .dd....1 on ~ m'I'IIof thll form 10 ChIt WI can retumthll _'0 you, .AIl':;,LN'IolTl1IoIIll~""OllllllTllll'-''b~~'Il'~D v .eit1I,'Rttum Rapt R.qUNted' on thl maB~ be&ow IhI artIeI. number. ~ ti .ThI RItlMT1 Recelpt...1 thaw 10 whom !hi -nlcl. WII delIv.tM and !hi dal, S doIlYOrtd, ',i 3. MIele Addressed to: li HS. JANET A. GROSS ,~ 159 A SOUTH ENOLA DRIVE ,8 ENOLA, PA 17025 I also wish to recelvelh. following seMess (for an extra fee): s1st\fdef~y'sAddress ~ 2. ~ Rsstricted Delivery j "" Consult postmaster for fee, it I 4.. MIele Number II P 282 348 790 E 4b. SeMce Type i o Registered iii Certified II: '" o Express Mall 0 Insured .s , o Rslum Rscelpt for tMrchan<lse 0 COD ~, 7, Dste olD livery - L 'L J " :> ., ~ B. Addre 80'S dro '5 and/eels dJ (:. Domestic Rslum Receipt KEVIN J. M. GROSS, Plllintil1' IN TilE couln OF COMMON I'LEAS OF CUl\H1ERLAND COUNTY, PENNSYLVANIA V5. NO. 97.16511 CIVIL TERM CIVIL ACTION. LAW JANET A. GROSS, Defendunt IN D1VOI(CE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, togethcr with thc following informution, to the court for cntry of II divorce decree: 1. Ground fur divorce: irrctricvuhle hreukdown undcr Section ~Ol(e) 3301(d)( I) of the Divorce Code, (Strike out inllJlJllicuble section). 2. Dllte llnd manner of service of thc complaint: Certified Mail: Rcturn Receipt Requested: Addressed to Addressee Onlv and Rcccived hy Addressee on April Ill. 11)1J7 3, (Completc cither paragraph (a) or (h)). (ll) Dllte of exccution of the llffidllvit of consent required hy Section 330I(c) of the Divorcc Code: hy the Plllintiff nla : by the Defendllnt nlll (b) (I) Dllte of execution of the Plllintiffs llffidavit requircd by Scction 3301(d) of the Divorce Code: (2) Dllte of service of the Plllintifl's llffidllvit upon the Defendllnt: 4, Rclated c111ims pcnding: none 5. Complcte cither (ll) or (b), (ll) Dlltc and manncr of service of the notice of illlentionto file praecipc III transmit record, a copy of which is aUllched: Vill U.S. foirst Class Mllil on July 15. 1997. (b) Date Plaintifl's Waivcr of Notice in J31l1(c) Divorce was filed with the Prothonolllry: Date Defendllnt's Wlliver of Notice 111 3301(c} Divorcc was filed with the July IH. 191)7 il~ Prothonotllry: " ,. ... .... h7 -0' f ., "'- .. c , ,. I!'-; I'"; ("1- ~.:.. I L... ,'-., 11._ (?:-- " Cl! llJ' - r~" ( ~~ -- ~ ", r- :':J U <1' V i I j , I I I i i i i I I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1658 CIVIL TERM CIVIL ACTION. LAW VS. JANET A, GROSS, Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF !i3301(d) DIVORCE DECREE TO: Janet A, Gross 159 A South Enola Drive Enola. P A 17023 YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE, You have failed to answer the Complaint or file a Counter.Affldavlt to the Plaintiff's 3301 (d) Affidavit. Therefore, on or after Auqust B, 1997, the other party can request the Court to enter a final Decree In Divorce, IF YOU DO NOT FILE with the prothonotary 01 the Court an Answer with your signature notarized or verified, or a Counler.Affldavit by the above date, the Court can enler a final Decree In Divorce, A Counter,Affldavlt which you may file wilh the prothonotary of the Court Is allached to this notice, , Unless you have already filed with the Court a wrillen claim for economic rellel, you must do so by the above date or the Court may grant the divorce, and you will lose lorsver the right to ask lor economic relief. The filing of the form counter,affidavlt afone does not protect your economic claims, 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 AOMINISTRATOR, FOURTH FLOOR CUMBERLANO COUNTY COURT HOUSE CARLISLE, PENNSVLVANIA 17013 (717) 240.6200 KEVIN J. M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97.1658 CIVIL TERM CIVIL ACTION. LAW JANET A. GROSS, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND now, this It{ day o~ ,1997, I, Carol J, Lindsay, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that I served the within COUNTER AFFIDAVIT UNDER ~3301 (d) OF THE DIVORCE CODE this day by depositing same in the United States Mail. First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Ms. Janet A. Gross 159 A South Enola Drive Enola, PA 17023 " FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carol J. Lindsay, Esquire ID # 44693 11 East High Street Carlisle. PA 17013 (717) 243-5513 ~, ...- c ~.: -. I I '. i , . r., , I C C . , , I - .., <.J C/. () 1 ~ f\. ~ " fVl \X) " \!) \ ~ , ' ~ ~ " ,.. .. r'