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HomeMy WebLinkAbout03-0410REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff NANCY J. GOTTSHALL, Plaintiff JOHN M. GOTTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND 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 Plah~tiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff NANCY J. GOTTSHALL, : Plaintiff : : v. : NO. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. GOTTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, et caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimoino, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Comn~n Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff NANCY J. GOTTSHALL, Plaintiff JOHN M. GOTTSHALL, Defendant : NO. ~3 - ]l/l(~ : : CIVIL ACTION - LAW : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Nancy J. Gottshall, an adult individual who currently resides at 216 Allendale Way, Camp Hill, Cumberland County, Pennsylvania 17011 2. Defendant is Jotm M. Gottshall, an adult individual who currently resides at 3501 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 9, 1970 in Glenside, Montgomery County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Nekher Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. Plaintiff avers that there are no minor children of this marriage. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the f'ding of this Complaint, Plaintiff intends to f'fie an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301 (d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 12. reference. 13. marriage. 14. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by Plaintffi' and Defendant have acquired property, both real and personal, during their The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. By: Respectfully submitted, REAGER & ADLER, PC ~tor, Esquire Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Nancy J. Gottshall, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Nancy J. G&/ts~all NANCY J. GOTTSHALL, Plaintiff Vo JOHN M. GOTTSHALL Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C., do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant John M. Gottshall, by Certified Mail, on the 3rd day of February, 2003, as is evidenced by the signature on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Return Receipt Requested postage prepaid, addressed as follows: Date: John Gottshall 3501 Derry Street Harrisburg, PA 171 1 7~) REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 1;7011-4642 Telephone No. (717) 763-1383 EXHIBIT A II Complete Items 1, 2, and 3. Also complete ~em 4 If Restricted Delivery Is desired. II Print your name and address on the reverse ~o that we can return the card to you. ' · Attach this card to the back of the mailplece, 2. A~cle Number (Copy from serv/ce/a~} ' Ps Fo~m 3811, July D. Isdelive~ fron 17 ?9 Yea If YES, enter detlve~ address bek)w: [] No '~PCe~ffled Mail [] Express Mail "l~Reg~stered [] Return P~c~pt ~ Mem~ [] Insured Mall I-I C,O.D. 4. Restricted Dellve~t? (Extra Fee) I-I Yam 7002 t000 '0005 0063 2499 Domestic Return ReCeipt 10~5~0~4-0~ - MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this }"~'- day of ~aO~6~).. , 2003, by and between Nancy J. Gottshall (hereinafter "WIFE") and John M. Gottshall, (hereinafter "HUSBAND"); W I TNE S S E TH: WHEREAS, the parties hereto were married on May 9, 1970, in Glenside, Montgomery County, Pennsylvania; WHEREAS, the parties have no minor ch/ldren of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alhnony pendente lite; and, in general, any and all other claims and possible clahns by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of REAGER & ADLER, PC. HUSBAND is representing kimself and will be preceding pro se. The parties fi.trther declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consuked, expressly waiving the right to obtain such knowledge. The parties each acknowledge that tiffs Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties agree to secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 03-410 on January 28, 2003. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a £mal decree in divorce may be entered with respect to the parties. The parties agree that the terms of tiffs Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual sig~fificance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreemeut shall be de£med 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. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. Wl]?'E and HUSBAND shal/not harass, disturb, or malign each other or the respective famih'es of each other. 7. REAL PROPERTY. The parties are the joint owners of the rrmrital home located at 216 Allendale Way, Camp Hill, Cumberland County, Pennsylvania 17011 in which WIFE resides. The home shall be listed for sale with Jack Gaughen Realty within ninety (90) days from the date of the execution of this Agreement. HUSBAND and WIFE shall cooperate with the sale of the marital home. HUSBAND has withdrawn an additional $40,000 from the line of credit post separation. At the time of the sale of the home, HUSBAND shall be solely liable for the repayment of said debt from his share of the proceeds. This additional debt shall not be considered in determining the equity available for distribution between the parties. HUSBAND further agrees to be solely responsible for all interest payments associated with this withdrawal. After the payment of ali necessary costs and expenses of settlement, but not including the $40,000 loan outlined above, the proceeds shall be divided to effectuate an equal division of the assets. Pending the sale, HUSBAND and WIFE shall equally divide the payment of all taxes, insurance, mortgages, and home equity loans associated with the home with the exception of those fees and costs associated with the $40,000 withdrawal outlined herein. W1FE agrees to pay all utilities while she lives in the home. Should WIFE vacate the home prior to its sale, HUSBAND and WIFE shall equally divide all costs associated with the home. 8. LIFE INSURANCE. HUSBAND is the owner of Thrivent Insurance Policy No. 3332909 with an approximate value of $8,065.00. WIFE is the owner of Principal Insurance Policy No. 4209856 with an approximate value of $1,865.00. HUSBAND shall retain the Thrivent h~surance policy and all cash value thereto. WIFE hereby waives any right, title and interest she may have in said cash value or to remain as a beneficiary on said policy. From the date of execution of this Agreement, HUSBAND may designate any beneficiary to this insurance policy he so chooses. WIFE shall retain the Principal insurance policy and all cash value thereto. HUSBAND hereby waives any right, title and interest he may have in said cash value or to remain as a beneficiary on said policy. From the date of execution of this Agreement, WIFE may designate any beneficiary to this insurance policy she so chooses. 9. STOCK AND INVESTMENTS. The parties are the owners of 196 shares of EDS stock with an approximate value of $4,202.20. The parties are the owners of a Merrill Lynch mutual fund account with the value of approximately $28,587.00. The parties are also the owners of a Thrivent Variable Annuity with a value of $80,969.00 and an EDS Credit Union savings account of $299.00. WIFE shall retain the EDS stock, credit union account and annuity. HUSBAND hereby waives any right, title and h~terest which he may have to such assets. From the date of execution of this Agreement, WIFE may retain these funds and may name any beneficiary she so desires. HUSBAND shall retain the Merrill Lynch account and WIFE hereby waives any right, title or interest she may have in said account. From the date of this agreement, HUSBAND may retain these funds and may name any beneficiary he so desires. 10. RETIREMENT BENEFITS. HUSBAND is the owner of an EDS cash balance pension plan with an approximate value of $94,564.00 and an iRA with Lord Abbett Fund with a value of $8,607.00. WIFE is the owner of a 401(k) through her employment with Trimty Lutheran Church with an approximate value of $29,101.00. WIFE shall retain her 401(k) and HUSBAND shall transfer the entire balance of his IRA to WIFE'S 401k within 30 days of the execution of this agreement. HUSBAND shall cooperate in the transfer and shall pay interest at a rate of 5% per annum if said transfer does not occur within 30 days. HUSBAND hereby waives any right, title and interest he may have to WIFE's 401(k) plan. WIFE hereby waives any right, title and interest she may have in HUSBAND's EDS pension. From this execution of this Agreement forward, either party may name a beneficiary that they so desire. 11. DEBTS. If a party has acqtdn:ed debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to Wlb--E that since the separation 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 he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, mid in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 12. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 13. PERSONAL PROPERTY. The parties hereto mutually agree to divide all furniture, household furnishings and personal property between them in a manner agreeable to both parties. 14. VEHICLES. The parties own a 1991 Buick and a 2000 Astro Van. The Astro van is encumbered by a loan with an approximate balance of $10, 385. HUSBAND shall retain the 1991 Buick and WIFE waives any right, title, and interest in said vehicle. WIFE plans to sell the Astro van and pay all debt associated therewith. HUSBAND agrees to waive any right, title, or interest he may have in said van and its proceeds. He further agrees to execute any and all documents necessary to effectuate the sale. WIFE shall retain all proceeds. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contfbute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. WIFE acknowledges receipt of $2,000 of marital funds which shall be repaid to HUSBAND at the sale of the marital home. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breactfing party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by am/cable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incmTed by the non-breaching party in protecting mid enforcing his or her rights under tiffs Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alLmony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. 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. 22. APPLICABLE LAW. Tiffs Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. 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. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and fbr the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day fncst above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAN~ acknowledge the receipt of a duly executed copy hereof. Witn~,/ (,,. ., Nancy J. Got~rllltll COMMONWEALTH OF PENNSYLVANIA : :SS. covey OF : On the /~ day of c~"~P"~-~~ , 2003, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Nancy J. Gottshall, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF V My Comlllissio~M~i~i~li~o~.~E~pi~un~eO~,nt2Y0051~ E~X~?~qs~O~A~R~IFtNLSNEotAaLrv P~ubli:c Onthe /'7 day of 2/-g,~ ;~ , 2003, before me, a Notary Public in and tbr the Commoffweatth of Pennsylvania, the undersigned officer, personally appeared John M. Gott.shall, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAL DONNA M. WIERMAN. Notary Public ~u~qu~hltnn~ Twp,, Dauphin County My O~mrnission Expires July 28, 2005 Notary Publ/c My Corranission Expires: NANCY J. GOTTSHALL, Plaintiff JOHN M. GOTTSHALL Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-410 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 28, 2003. 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 ora 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. NANCY J. GOTTSHALL, Plaintiff JOHN M. GOTTSHALL Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-410 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 28, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the f~ng 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. Section 4904 relating to unswom falsification to anthorities. Date: NANCY J. GOTTSHALL, Plaintiff JOHN M, GOTTSHALL Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-410 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 ifI do not claim them before a divorce is granted. 3. I understand that [ 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 flied 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. DATE: NANCY J. GOTTSHALL, Plaintiff' JOHN M, GOTTSHALL Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-410 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF 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 f~ghts concerning alimony, division of property, lawyer's fees or expenses ff 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 irmnediately after it is filed with the Prothonotary. I verify that the statements made in Ohs 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 unswom falsification to authorities. DATE: NANCY J. GOTTSHALL, Plaintiff JOHN M. GOTTSHALL Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'~- alII) CIVIL ACTION - LAW iN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C., do hereby certify that I served a certified copy of the Divome Complaint on the Defendant John M. Gottshall, by Certified Mail, on the 3rd day of February, 2003, as is evidenced by the signature on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Return Receipt Requested postage prepaid, addressed as follows: Date: John Gottshall 3501 Derry Street Harrisburg, PA 171 1 REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 EXHIBIT A 2. Adicle Number (Copy from serv/ce kab~ PS Fo~m 3811, Juty l~ee D, 18 C#tve~/ 17 i'1 Yea if YES, enter de#v~/addr~8 bdow: rlNo 7002 1000 '0005 0063 2439 D,~ Return Rece4x 1~ IN THE COURT OF COMMON PLEAS NANCY J. GOTTSHALL Of CUMBERLAND COUNTY STATE Of ~ PENNA. 03-410 NO. VERSUS JOHN M. GOTTSHALL DECREE IN AND NOW, DIVORCE ~ ~ ,,,,./.~ , IT IS ORDERED AND DECREED THAT Nancy J. Gottshall , PLAINTIFF, John M. Gottshall AND , 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 terms of the parttes~ Marital Settlement Agreement dated September 17, 2003 and attached hereto are incorporated herein but not merged herewith. ~ K~~~tH ONOTARY NANCY J. GOTI'SHALL, Plaintiff JOHN M. GOTTSHALL Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-410 CIVIL ACTION - LAW 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: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 3~a day of February, 2003, by certified mail, return receipt requested, receipt number 7002 1000 0005 0063-2439. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Nancy J. Gottshall, Plaintiff, on September 22, 2003; by John M. Gottshall, Defendant, on September 17, 2003. 4. Related claims pending: Settled by Agreement dated September 17, 2003. Prothonotary: Prothonotary: Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was fi/ed with the September 23, 2003 Date Defendant's Waiver of Notice in § 3301(c) Divorce was fi/ed with the September 23, 2003 Respectfully submitted, REAGER & ADLER, PC I.D.N~. 663~g~"- , Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff