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HomeMy WebLinkAbout97-03212 ~ '" ~ ~ >-. Q: ~ ~ , , ~ " "", ., a ~ ~ Q: " - ,/ ( \. ~ - '. .:l ~ r-J " '"1 IV) , t;-.. 0- ~ . M:IIIOMEIIRBIFAMILYIGAYOOSIl.AGT (Oran itS) O<lobcr 8,1997 MARITAL SETTLEMENT AGREEMENT This Agreement is made between MARIA E, GAYDOSH (hereinafter referred to as "Wife"), of 20013 Sweetwater Road, Dry Run, P A 17220, Franklin County, Pennsylvania 17220, and WILLIAM E. GAYDOSH, JR., (hereinafter referred to as "Husband"), of 20 Alfred Drive, Lewisberry, York County, Pennsylvania 17339. RECITALS The parties stipulate and recite that: A. The parties are married. Wife is presently residing at 20013 Sweetwater Road, Dry Run, Franklin County, Pennsylvania 17220, and Husband is presently residing at 20 Alfred Drive, Lewisberry, York County, Pennsylvania 17339. B. Wife and Husband have one (I) child born to them, namely Abigail Luree Gaydosh (hereinafter referred to as "Abigail'), born March 8, 1992. C. As a result of disputes and unhappy differences between the parties, Wife and Husband decided to separate and, thus, have lived apart since January 27,1995. D. Wife and Husband do intend to make this Marital Agreement a complete and final settlement of all claims that they may have against each other for support, alimony and maintenance, and for ownership of various assets. E. The Wife is represented by the law firm of Boswell, Snyder, Tintner & Piccola, specifically Jeffrey R. Boswell, Esquire, which representation by this agreement has been disclosed to the Husband. The Husband has elected not to be represented by counsel in f connection with the negotiations for and the drafting of this Agreement or for negotiations with regard to any property rights, duties, or obligations. By this agreement, the Husband and Wife individually acknowledge that each one has been advised each one of them should have separate legal counsel. F. Wife filed an action for divorce in the Court of Common Pleas of Cumberland County, which divorce action is filed to No. 97-3213 Civil Term, on June 16, 1997. For reasons set forth above, and in consideration of the mutual covenants and promises of the parties in this Agreement, Husband and Wife covenant and agree, as follows: I. LIVING SEPARATE. Husband and Wife currently are living separate and apart and shall hereafter live separate and apart, each free from all dominion, restraint, and control by the other, whether direct or indirect, as full as if unmarried. This arrangement shall continue as it has indefinitely. Each party may hereafter reside at such place as he or she may select. Husband and Wife shall be amicable and shall live without interference from each other. 2. NO INTERFERENCE. Neither party shall interfere with the other or compel or allemptto compel the other to cohabit to engage in sexual activity, or to dwell with him or her, by any means whatever, by legal action or otherwise. 3, DIVISION OF PROPERTY. Wife and Husband divided their property. The real property owned in joint names at 6 Stillwater Circle, Dillsburg, PA 17019, was transferred to Husband who paid Wife fifty (50%) percent of the equity. as agreed, with Wife being relieved of her mortgage obligation. The 1996 Ford Thunderbird registered in Husband's 2 . name was retained by Husband with no encumbrance. The 1991 GMC Jimmy owned in joint names was traded for a vehicle then titled in Wife's name subject to a bank encumbrance in Wife's name only. Husband has no ownership interest in Wife's car and no encumbrance on the title, Husband and wife acknowledge that each of them have retirement plans or arrangements made and have disclosed the existence and the details of these plans to each other. Husband and wife agree that neither of them will have a claim against the plan or arrangements of the other party, and by this agreement, both Husband and Wife waive all rights to any portion of any retirement benefits of the other party now and in the future. Each party shall retain as his or her individual property, gifts or inheri- tance given directly to that individual after the date of the separation. The income of Husband and of Wife shall be used by each of them for the payment of any and all obliga- tions. After the date of separation each party acknowledges that the income for Husband and Wife from whatever source shall remain individual property to be placed in individual accounts at each of their discretion, subject only to obligations for alimony and child support as set forth in this agreement. Husband and Wife acknowledge and agree that after October 5,1994, each has and may use his or her income and his or her assets to make any purchase or investment as he or she desires, without approval of the other party. 4. DEBTS OR OBUG A nONS. The debts and obligations created by each party individually shall remain the obligations of each party. Until the divorce decree is entered, neither party will make purchases intended to spite the other party to create obligations to affect the other party. The parties agree to maintain a similar standard of living (to the extent possible) without lavish expenditures by either party. Each party will handle his own 3 . On each holiday (except for Christmas Eve and Christmas Day), the custody period shall begin after school or no later than 6:00 p.m. the previous day and shall end at 8:00 p.m. on the holiday, or as mutually agreed. During summer (after school dismissal). Husband may have temporary physical custody of not greater than six (6) weeks, but no more than four (4) consecutive weeks, as mutually agreed at least thirty (30) days in advance of the first week. During this time of Husband's temporary physical custody of Abigail, Wife shall be entitled to Tuesday or Wednesday evenings from 5:00 p.m. until 9:00 p.m. that same day and alternate weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m., unless waived expressly by the Wife. 6. FINANCIAL MATTERS AND TAX. All disputes with regard to current short term and long term debts have been resolved. The Husband and the Wife filed joint income tax returns for the period ending December 31, 1994. In 1995 and thereafter, the parties filed separate income tax returns. Wife will claim the exemption of the child care expense for Abigail on her Federal Income Tax Return. Husband and Wife will abide by Internal Revenue Service Code and Regulations with regard to personal exemptions and deductions for child care and other mailers regarding Abigail. 7. COUNSELING. Husband and Wife agree that no further counseling will be required of them. 8. CHILD SUPPORT. If there is no mutual agreement to amount and payment of child support, as may be reasonably increased on an annual basis or on a change of 5 circumstances as they presently exist, the payment of child support and the enforcement of any child support order may be administered and enforced through the Cumberland County Domestic Relations Office as initiated by the Wife, as initiated by either party. However, currently, Husband shall pay $90.00, per week, to be paid directly to the Wife, which $90.00 includes current day care expense as of January, 1997. Wife shall determine the day care provider afte.. consultation with Husband. Husband will provide adequate medical insurance coverage for Abigail. Husband and Wife shall divide equally all medical and dental expense payments in excess of any insurance coverage payments or reimbursements. 9. COLLEGE OR VOCATIONAL EDUCATION. In addition to the other payments set forth in this Agreement, Husband and Wife shall pay the responsible share apportioned according to net income for each party as noted on the previous year's federal income tax return directly to the creditors as practicable all application fees, tuition costs, fees, room and board (including expenses for food and reasonable living expenses whether Abigail is living in campus housing or in private housing off-<:ampus), transportation costs, and book expenses associated with Abigail's post high school undergraduate education at such vocational institutions or undergraduate colleges or universities as may be reasonable and appropriate for Abigail. Husband and Wife shall investigate for financial assistance and shall cooperate in providing necessary information for determination of financial assistance for higher education. Husband's obligations with respect to undergraduate college education or vocational education when Abigail is twenty-three (23) or when she joins the United States Armed Services. 6 " 10. LIFE INSURANCE. Husband agrees to obtain an individual life insurance policy insuring his life naming Wife as beneficiary and Abigail as contingent beneficiary. Wife agrees to obtain an individual life insurance policy insuring her life naming Husband as beneficiary and Abigail as contingent beneficiary. II. MODIFICATION AND BINDING EFFECT OF AGREEMENT. The provisions of this Agreement shall not be modified or changed except by mutual consent and agreement by the parties, expressed in writing. IN WITNESS WHEREOF, the respective parties have executed this Agreement on the dates set forth below. WITNESS: .., fj , " L_._-'(,c-}1..{. , . V -'j 'f - ') 'tI~ ct ' ;. J ~ l , It" :t.aI I Maria E. Gaydosh /{JIll/In ...... (SEAL) (Date) I I ~ ~ . ~ ft~, . .:?--dJi-/ ~ I v \ U~ William E. Gaydo \0 '~~'(fl (SEAL) ,Jr. (Date) 7 Jeffrey R. BoslWlU, Esquire Supreme Court I. D. No. 25444 BOSWELL, SNYDER, TINTNER & PICCOLA 31S North Front Street P. O. Box 741 Harrisburg. PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff MARIA E. GAYDOSH, PLAINTIFF, : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 3;//:1., : NO. 97-m3 CJ\o1L TERM v. WILLIAM E. GAYDOSH, JR., DEFENDANT. : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the Complaint: Certified Mail 3. (Complete either paragraph (a) or (b)). (a). Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: October II. 1997 by Plaintiff; October 23. 1997 by Defendant (b). (I) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Nt A: 4. Related claims pending: None 4. The Plaintiff and Defendant were married on September 17, 1988, in Mechanicsburg, Pennsylvania. 5. There is one child of this marriage, namely Abigail Luree Gaydosh, who was born on March 8, 1992. 6. The marriage of the parties is irretrievably broken. After ninety days have elapsed from the date of the filing of this Complaint, Plaintiff and Defendant may file an Affidavit consenting to a divorce pursuant to ~3301(c) of the Divorce Code. 7. The Plaintiff and the Defendant separated January 27, 1995, and have lived separate and apart for two years, thereby making ~3301 (d) of the Divorce Code appropriate. 8. Agreements of Separation concerning child support and property division between Plaintiff and Defendant were made on December 9,1994, and July 26, 1995, which agreements have not been filed in any Court of this Commonwealth. 9. The parties may enter into a written agreement with regard to support, custody, visitation and property division, in which case such agreement may be incorporated by the Court into the Final Decree of Divorce. 10. There have been no prior actions of divorce or annulment between the parties with any Court in this Commonwealth. II. Neither the Plaintiff nor the Defendant are members of the Armed Forces of the United States of America or any of its allies. 12. The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce ending the >- c- ,..... ;'~.. c: ~~) M fE' g',,; ::- :..: a.: ~~: \.0 if':.. ;;r ~ ~ tJ -J o ,.... 0' r~. .",'. , " l.'~ .::~ ?:~ $. :~ ..... ',~ ~ . ",j'" \;) ~ .':~ l.t) ~ :<5 --..;: ~ (j 'OIl- ~ j ~ ..... t: ~ ~ o M, "" "" ~ ~ J. 1. ~ ~ ~ ~ ., """'~~"'''''''~~-'1'\-r.''''''~'''''\s'~'~'''''"",'"'~ -G ~~~"A:.~~~r j~l",l'it' ?,~..,'f_~iJ~'J' ' ~\:f~.t:Ii~__ ~- "_ .. ~_ .. .'.f~'" - ~.. .~ _~ .. '0 !_"',._ " ,..".>0:-.........,..-..# ._. ._ ~__ '" {'11 ~~I'7.~ ~.."",iff,1!,~..l!,!..",."'".,' 'c"", .\ ~ -M,.4_-~M:.!,;<J~~~~$K~4J~';;:'<~'_"';,_-_, MARIA E. GAYDOSH, PLAlNTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA )':;JjJ. : NO. 97,JM6 CIVIL TERM WILLIAM E. GAYDOSH, JR., DEFENDANT. : IN DIVORCE AFFIDA VIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under S 3301 (c) of the Divorce Code was filed on June 16. 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. \ , DATE: /O(tI!Q7 v. : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : '5:JI:}.. : NO. 97-lH3 CIVIL TERM MARIA E. GAYDOSH, PLAINTIFF, WILLIAM E. GAYDOSH, JR., DEFENDANT. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce 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 made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. \ ^ \ )llJ{uJt?/~1~L(ldl-rT0 \- MARlA E. GAYDOSH DATE: rOJII h 7 ~ ~~. .t,,,.>;;r;.~^';ffi-1i~.. ~.' ~~~'i.".o"Ji'~,... · :~:r~:PJ.'lS".~Y.,,:, ..F.' --'~~~-_'~~l~~1!.S"f~~ 1.~~1.fu~A!f' - - . ~~l."'l'il~"'",""":~.~. ""'. ,~.. 2,. ....~.~~~A~\~fs~f~1l~tf:~~,t~H1..f:7'f;j'!f,t.iy.Pim MARIA E. GAYDOSH, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA fllJ, : NO. 97-3Il3 CIVIL TERM WILLIAM E. GAYDOSH, JR., DEFENDANT. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 330l(Cl OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce 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 wilI 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 made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~t.~ WILLIAM E. GAYDOSH, JR. DATE: 'ol?..~lq., , Jeffrey R. BosweU, Esquire Supreme Court I. D. No. 25444 BOSWELL, SNYDER, T1NTNER & PICCOLA 315 North Front Street P. O. Box 741 Harrisburg, PA 17108.0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff MARIA E. GAYDOSH, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNA. : NO. 97-32l2..CIVIL TERM v. WILLIAM E. GAYDOSH, JR., DEFENDANT : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : 5S. COUNTY OF DAUPHIN Denise L. Foster, Paralegal, being duly sworn according to law, deposes and says that I am a competent adult, and that I mailed a copy of the Complaint in Divorce on the Defendant, William E. Gaydosh, Jr., on June 19, 1997. The Defendant received the complaint on June 21, 1997, as evidenced by the attached return receipt card attached hereto. fIN Lf(;J/-r " J.," ''''......:...,. " ", ,.,' _........, LL "1-"'-1'\1 ~'r;'1 r ", " .... u_' . } M,lfon~ltd ~ r,I,~ ,..'j ~j;~~.!' r.:"'i,: ~. H"H~lstl,'''n. P,\ rj ;' I:';:, ~.:"'r"'" . .. -I, 'CclrrPII'~1Ind'Of2fotIdclllonllMMctt. 'I lCompI1t1IlemI3. .... and 4b. I . PrW: )'011 tIIme Il'ld addrIq on 1M rtYMI of ItliI torm 10 thai WI can ""'om tN, wd 10 you. . Abctt ChII fonn 10 !hi trm of the tnIUpItce, Of 00 IhI Net " 1pI0I dote not I '=~IItLmR<<:tIipt~tcronthtm&lplecebllowthlll'lidlnl.lT'btf. ti 'The Rltlm RlCelpt w111how 10 whom 1N.,Ud, was deIvtr.d and the~. '- li' I Cl:ii,:70:c ~sh Jr ~c)A1~J. [YfV:e kWL:)~ A:.- 11337 5. Rec.lved By: (Print Name) I oIso wtsh to receive the following IONlco. (for an .llI/a f..): 1. 0 Add,........ Add,.. 1 2,Jt R.aIl1cted O.'lvery ! Consult poslmaat., for f... I · Number Od'8 dtIJ 4b, .rvIce Type j o R.glst.red' Q( Certlfted I o Exp,... Mall 0 Insured 1 o AetumReooIpCfor...._.. 0 coo It 7,O.t.of '2J 7 i 8, Add,. .'s r... (Only" requested 'I and I.. Is paid) ~ 4a I .! DomBstlc Return Receipt -- ~:.~ ,.":': ,'., u.l (0,.. [j-:'; Il., (;', (" " ...1, L.-" i I. U ct. (,... to: ,- 0' u , (':- ('. :.. .