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HomeMy WebLinkAbout97-01703 PROPERTY AND SEPARATION AGREEMENT BETWEEN JoELLEN L. FOOSE AND JOHN E. FOOSE Griffie & Associates 200 North Hanover Street Carlisle, P A 170 \3 , TABLE OF CONTENTS Page 1. ADVICE OF COUNSEL 1 2. WARRANTY OF DISCLOSURE 2 , 3. PERSONAL RIGHTS AND SEPARATION 2 i , I 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS 2 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE 3 l 6. DATE OF EXECUTION 3 i 7, PERSONAL PROPERTY 3 8. BANK ACCOUNTS 3 9. AFTER-ACQUIRED PERSONAL PROPERTY 4 10. REAL ESTATE 4 II. RECIPROCAL WAIVERS OF PENSION INTERESTS 4 12. WARRANTY AS TO MARITAL OBLIGATIONS 4 13. WARRANTY AS TO POST SEPARATION AND FUTURE OBLIGATIONS 5 14. WAIVER OF SUPPORT 5 IS. MUTUAL RELEASES 5 16. BANKRUPTCY 6 17. DIVORCE 6 18. LEGAL FEES 6 19. REMEDY FOR BREACH 7 20. EQUlT ABLE DISTRIBUTION 7 21. SUMMARY OF EFFECT OF AGREEMENT 7 22. TAX CONSEQUENCES 7 23. MUTUAL COOPERATIONIDUTY TO EFFECTUATE AGREEMENT 7 24. RECONCILIATION 8 25. SEVERABILITY 8 26. NO WAIVER OF DEFAULT 8 I t 27, INTEGRATION 8 28, EFFECT OF DIVORCE DECREE 9 i .. 29. NOTICES 9 I 30. WAIVER OR MODIFICATION TO BE IN WRITING 9 31. CAPTIONS 9 32. AGREEMENT BINDING ON HEIRS 9 33. GOVERNING LAW 9 34. SCHEDULE A II 35. SCHEDULE B 12 PROPERTY ANT> SEPARA TION AGREEMENT I THIS AGREEMENT made this Z'f1'day of .tip"'; I . 1998, by and between JoELLEN L. FOOSE, of 501 Middle Road, Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and JOliN E. FOOSE, of 68.A Carlisle Road, Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties hereto are wife and husband, having been married on October 22, 1988 in Newville, Cumberland County, Pennsylvania. There were two children born of this marriage, said children being: Dakota Foose, born January 13, 1993 and Natasha Foose, born October 23, 1995; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband 1.0 live separate and Bpart, and the parties hereto are desirOl'~ of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and detennine their respective property and other rights growing out of their marital relation; and wish to enter into this property and separation Agreement; 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 which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate Bnd income of Husband, aRd Husband acknowledges that he has had the opportunity to be conversant with Bnd know accurately the size, degree and extent of the estate and income of Wife; NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: I. ADVICE OF COUNSEl.: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Anne M. Shepard, Esquire, for Wife and Scott D. Moore, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice aod with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement of agreements and the parties hereto state thBt he or she, in the procurement and execution of this Agreement, hBS not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRAN7'Y OF DlSCI,OSlIRfI: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3. PflRSONAI. RIGHTS AND SflPARA710N: Wife and Husband may and shall, at all times hereafter, live separate aRd apart. They shall be free from any control, restraint, iRterference or authority, direct or iRdirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGRfo;F.MflNT NOT A HAR m DlVORCfI PROCflflDlNGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which may have occasioned the disputes or 2 ~ unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no. fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980. 5. AGREBvfENT TO BE INCORPORA TED IN DIVORCE DECRF.E: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporBtion, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6. DA TE OF EXF.CUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPF.R7Y: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife with the exception of those items listed in Schedule A and B. Said items on Schedule A shall be traRsferred to Husband no later than thirty (30) days from the date of execution of this Agreement. Said items on Schedule B shall be transferred to Wife no later than thirty (30) days from the date of execution of this Agreement. Husband agrees that the location of item numbers 3 and 6 on Schedule A are unknown to Wife, but Wife shall make a good faith effort to locate and transfer said items to Husband. The parties do hereby specifically waive, release, renounce Bnd forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 3 8. RANK ACCOUN1;S': For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, clBim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 9. AI'TF:R-ACQUlRF:D 1'l\IIS0NAI. I'IWI'F:R1Y: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. IIF:AL F:STATF:: The parties are owners of improved real property located at SOl Middle Road, Newville, Cumberland County, Pennsylvania. Said improved real property was appraised at $115,000.00 on May 23, 1997. Husband shall transfer all his right, title and interest in said improved real property to Wife in exchange for Wife refinancing said real property within five days of the execution of this Agreement and payment of Wife at time of refinancing of$18,500.00 to HusbaRd. II. RECll'1I0CAL WAlVF:IIS OF PF:NSION INTF:RE,'mi: a. The parties recognize that Husband has two retirement plans as a result of his employment with the Federal Government. The first is the Federal Employees Retirement System (FERS) and the s~cond is the Thrift Savings Plan (TSP). For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitBble distribution or otherwise in Husband's FERS account and TSP account. b. The parties recognize that Wife has an Individual Retirement Accountffransfer Annuity with Erie Family Life Insurance Company as B result of her former employment with MastaRd's. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in Wife's individual retirement account/transfer annuity. 4 12. WARRAN7Y AS m MAmTAI, OHUGA770l:iJ.: Husband agrees to be solely liable for the following debts and shall indemnify and hold harmless Wife from any and all claims or demands made against her by reason of said debts or obligBtions: B. Advanta Credit Card Account No. 4326835262046640; b. MBNA America Credit Card Account No. 5329018889068586; c. Members First Loan Account No. 114743-07. 13. WARRAN7Y AS m POSTSF:PARA TION AND FUTURE OHLlGA TIONS: Wife and Husband each covenant, warrant, represent and agree that each will now Bnd at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the separation date of March 7, 1997, except as may be otherwise specifically provided for by the terms of this Agreement Bnd that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable, including but not limited to the judgment against John Foose filed on August 27, 1997, by John Potteiger and Lynn Potteiger in the amount of ONE THOUSAND SEVEN HUNDRED FORTY-ONE and 31/100 ($1,741.31) DOLLARS. 14. WAIVF:R OF SUPI'OR7: a. Husband hereby waives all right to claim against Wife support, alimony, alimony pe/ldellle Ii/e, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband support, alimony, alimony pe/ldell/e Ii/e, counsel fees and expenses. 15. MUTUAl, REUIASF:S: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other for all time to come and for all purposes whatsoever of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate which he or she now has or at any time hereafter may have Bgainst such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, curtesy, or claims in the nature of dower or curtesy or widower's or widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's 5 will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving SPOUSfl to participate in a deceBsed spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any other State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pel/del/te lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 16. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and elTect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 17. DIVORCE: Wife has commenced an action for divorce from Husband pursuant to Section 3301(c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing ofa Complaint on April 3, 1997 and docketed to Cumberland County Case Number 1997-01703. Both parties shall, at the time of the execution of this Agreement, furnish Wife's attorney with an Affidavit and Waiver of Notice evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall rel1ect the fact that Wife shall bear the cost of same in her individual capacity. 6 , a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3502 (Equitable Distribution) of the Pennsylvania Code, Act No. 1980-26. b. This Agreement may be alTered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the rights for all parties. 18. LEGAL FEES. In the review and preparation of this Agreement each party shall bear hislher own legal fees. 19. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for legal fees aRd costs incurred by the other in enforcing their rights hereunder whether through formal court action or negotiations by the other in enforcing their rights . hereunder or to seek such other remedies or relief as may be available to him or her. 20. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and persona, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 10] et seq. of the Commonwealth of Pennsylvania, and as ameRded. 21. SUMMARY OF EFFECT OF AGRF:FMEN7': It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, mainteRance, alimony, alimony pel/del/Ie lite, counsel fees, costs and expenses, equitable 7 distribution of marital property and any other claims of each party, including all claims raised by them io the divorce action peRdiRg between the parties. 22. TAX CONSI\QlIF.NCF.S: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 23. MCrrUAI. COOPF.RA71ONI/JUTY TO EFFECTUATF. AGRF.EMENT: Each party shall, at any time and from time to time hereafter, take Bny and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. RF.CONCIUATION: The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this Agreement or cause Bny new marital rights or obligations to accrue. 25. SEVERARIU7Y: 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 BII other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedeRt, shall in no way void or alter the remaining obligations of the parties. 8 26. NO WA/V/\// OF D/\FA (If. 7: This Agreement shall remain in full force and elTect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way alTectthe right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed of a waiver of any subsequent default of the same or similar nature, nor shall it be construed as B waiver of strict performance of any other obligations herein. 27. INmO//A TION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. /\FFECT OF DlVO//C/\ D/\CRH/\: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and elTect after such time as a final decree in divorce may be entered with respect to the parties. 29. N077CES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband at P.O. Box 282, Newville, PA. b. To the Wife at 501 Middle Road, Newville, PA. 30. WAIV/\R all MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a wBiver of Bny subsequent default of the same or similar nature. 3 I. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way elTect this Agreement. 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C U III oUlI (r ,u:L On this the:) '1 0 day of {trJ Li SS , 1998, before me, the undersigned officer, personally appeared JoELLEN L. FOOSE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and Bcknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nolarial Seal CRobln J. Goshorn, NOlaI}' Public astlale BolO, CumbGrlan<f County My Commlulon Explro. April 17, 1999 ~j{,~lljj /!r'J/Ul~..J COMMONWEALTH OF PENNSYL VANIA COUNTYOF 6UllUl-\.la u.( On this the :J 9 r:/1 day of t/pLL. SS , 1998. before me, the undersigned officer, personally appeared JOHN E. FOOSE, 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 therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nolarial Seal Robin J. Go.hom. Nolaly Public Castlsle BolO, Cumberland County My Cemmlulon Explr~s April 17 . 1999 /J{rA/' d .,/i""i N. '-- , (J' 11 I . , i : I, ! ~ , I: SCHEDULE A 1. two paintings 2. one bone saw 3, one L.L. Bean Camouflage jacket 4. one box of magazines and/or books S. one box of baseball cards 6. one deer hanger 7. one sleeping bag 8. one small deep freeze 12 SCHEDULE B (it. ~.r 1. all of the savings bonds titled in the name ofDakola Foose or Nula~"4 Fuu~e. r%\ or JoEllen Foose 13 JoELLEN L. FOOSE, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYVLANIA vs. : CIVIL DIVISION - LAW : NO. 97-1703 CIVIL TERM JOHN E. FOOSE, Defeodant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: TrBnsmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint. Acceptance of service signed by Scott D. Moore, Esq., Defendant's counsel, on April 23, 1997. 3. (Complete either paragraph (a), (b) or (c).) (a) Date of execution of the Affidavit of Consent required by 9 3301(c) of the Divorce Code: by the Plaintiff: 4/29/98 by the Defendant: 4/29/98 (b) (1) Date of execution of the Plaintiff's Affidavit required by 9 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: none 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under 9 3301 (d)(I) of the Divorce Code. 6. Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by 9 3301 (c) of the Divorce Co e: by the Plaintiff: 4/30/98; by the Defendant: 4/30/98. Anne M. Shepard, E quire GRIFFIE & ASSOCIATES Attorney for Plaintiff I ,. , : . I , , , i' >- a) (.: cr; v: "S ~.. ~:';I :.) 'J.I~: : .. 0-, ... , r.c~.- .-.. l.l.._ l'-. I-:J 0' -- . ( a . "') 0.. C"; 1 lll'- ""-.- Ef: ~L c;: . "j('j C- '.. ~!.l.. ,-- ~, 1.'. C<.J :J Q o. U JoELLEN L. FOOSE, Plaintifl' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO'97'I...CIVI1J9~7 '-=" tC\3 <!./L'( l 1~12.1~ IN DIVORCE JOHN E. FOOSE, Defendant liQIlCE._IO-12Ii!-:JiND ANI) CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the Cumberland County Court Administrator 41h Floor Cumberland County Courthouse Carlislc, Pcnnsylvania 17013 (717) 240.6200 following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decrce of divorce or annulmcnt may bc cntered against you lor any claim or rcliefrcquested in these papers by the Plaintill', You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground Illr thc divurce is indignities or irretrievable breakdown of Ihe marriage, you may rcqucst marriagc cuunscling. A list of marriagc counselors is available in the Otlice of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FloES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOUL.D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET L.EGAL. HELP. 9. Thc panics' marriagc is irrctricvably broken. 10. Plaintiff dcsires a divorce bascd upon thc belief that Defendant will, ninety days from the date of the liIing of this Complaint, consent to this divorce. WHEREFORE, Plaintifl' requcsts your Honorable Court to enter a decree in divorce pursuant to Scction 3301 (c) of the Domestic Relations Code. COUNT II II. Paragraphs I through 10 are incorporated herein by reference as if set forth in their lilll text. 12. Plaintill' and Dcfcndant mc thc juint owncrs of certain rcal cstate locatcd at 50 I Middle Road, Ncwvillc, Cumberland County, Pennsylvania. 13. Plaintitf and Dcfcndant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defcndant havc incurrcd debts and obligations during their marriage which are subject to cquitablc distribution. WHEREFORE, Plaintifl'requests your Honorable Court to equitably divide their marital property and equitably apportion their debts. Respecttillly submitted. GRIFFI ~ &. ASJ'OC ATES . l V11J~v' J I L ~( Ann M. Shepard, 'squir 20d North Hanover Street Carlisle, P ^ 17013 (717) 243-5551 (800) 347-5552 JoELLEN L. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97-1703 CIVIL TERM JOHN E. FOOSE, Detimdant : IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 3, 1997, 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 conseot to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. r-' Lj /:l.~ I/Q9P c P'- DATE: >- r-. ," c:r, tr. ;j: .. ,.::: .. lJ'~-'; ~ . ( )-. "'(. lL, ~ .., 1-r-- g C '. Cl ., .' .' C'J . UIL. ,..... rr!r.l ,.. ; :jti'j '- f!: c.. :.J;"::' u>; -. 1J.. CI.'1 :.J 0 ()' CJ vs. : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYL VANIA : NO. 97.1703 CIVIL TERM JoELLEN L. FOOSE, Plaintiff JOHN E. FOOSE, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (Cl OF TilE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerniRg alimony, division of property, lawyer's fees or expenses if! 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 THE FOREGOING AFFIDAVIT 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: q -dS\ .C)& ~' t J(n Il :h r~"\D\ Jo len L. Foose, Plaintiff ~1 ". r-- '- r.. lr; u: ~~~ '1: -. 1- )..--: u..C' po.': " " " ( ) {~ ;..:.: - ~( r::. L~... ;;J LLil i;~ C' 'r,") <:'. l ~;: 1..:..1". ..o..'.." -Jt. , (':: ~ .- ii 1- i k:. c. , ~:J... j. ~.:. '::5 Ll- to 0 0' U JoELLEN L. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA vs. : NO. 97-1703 CIVIL TERM JOHN E. FOOSE, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eCI OF TilE DIVORCE CODE I. I consent to the eotry of a linal decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 THE FOREGOING AFFIDAVIT 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:tj I [10\ /ffi~ . r , CZ~t;- be I I , I i. , ,.. 1""' ..; cr; Lr. j~~ & .. I'.r ~- ) ...' - (,1\ :c..: CJ.._, (.:.. :.,::j ~r , .. ',. c. ~- . ,I c,"; lJ..!'.. u:1.' c: , I ~1J ., ". ~;, u.. ,- ~r .' 'L co -j 0 0'1 U JoELLEN L. FOOSE, Plnintifr IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAW NO. 97-1703 CIVIL TERM JOHN E. FOOSE, Defendant IN DIVORCE ACCEI'TANCE OF SERVICE I hereby acknowledge that I have received a Irue and correct copy of n Complainl in Divorce in the above-caplioned case and verify that I am aUlhorized to do 50 on behalf of my client, John E. Foose. ;t-- 23- Gi ? DATE: tQ~ ~ D. Moore, Esq. 26 West High Streel Carlisle, I' A 170 \] Sworn aRd subscribed to before me this !)jri.l.., day of (j.fJ 'tL-( 1997. D~ NOTARY Nal'AIlIAL lIJL\L !lALLa: !'RIAR. Nocuy Oulllle Ilcro ~1an4 PubUo 1I.lr0000Jow';" ......._ Count)', P.\ -....- Warob aD, aooo - .;~. f c; \ , . .' I I r ! I , .. I I 'T : -, I I- e '. I I , .- L. J :_'- ,- I ,.... \.~~. 0', :..)