HomeMy WebLinkAbout98-00677
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF i[,~~~ PENNA.
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.... DONNA ,M. ,NOSS
PLAINTIFF
No.
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V(~I.:HIS
,..JEFFREY"L. ,NOSS ,
DEFENDANT
decreed that .. P.o.N.N(\, ~.'. .N.o,S,S. . , . . . , . , , .. . . . . , . . . , , . . , , . . . . . . . " plaintiff,
and. . . . . ,. . . . . ..rl\H~l\Y .1,., .tiQSS, . . , . , , . . . . . , . . . . . , . , . . . . . . . . " defendant,
are divorced from the bonds of matrimony.
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AND NOW, .
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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;
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this order.
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MARRIAGE SETTLEMENT AGREEMENT
TillS AGREEMENT mude this ,/.lJJ~ duy of ~~b.e.C, 1998, by und
between .IEI'FREY L. NOSS (hercinut\er refen'ed to us "HUSBAND") und DONNA M. NOSS
(hereinut\er referred to us "WIFE").
WITNESSETH:
WHEREAS, HUSBAND und WIFE were lawfully married on September 26, 1987 and
separuted on May 5, 1996; and
WHEREAS, diverse, unhappy diftcrences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto 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 relating to the ownership and
equituble distribution of real and personal property; the settling of all claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
and alimony for each party.
The parties hereto agree and covenant as tallows:
The udcl)uuey 01' the considerntion lilr ull ugrcemcnts hcrein contuined is stipulutcd. confesscd,
und lIlhnittcd hy the parties, ul1llthe purties intcnd to hc legally hound herehy,
Euch purty to thc Agrccmcnt ucknowlcdgl's und declarcs thut hc or she,
respcctively:
(I) is rcprcscntcd by counscl 01' his or hcr own choosing (Daniel W. DeAnnent,
ESl)uire for HUSBAND, Hubert X. Gilroy, ESl)uire for WIFE);
(2) is fully und completely inlomlcd of the filcts reluting to the subject mutter of
this Agreement and of the rights and Iiubilities of the purties;
(3) enters into this Agreement voluntarily aner receiving the advicc of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully rcad each provision of this Agrecment; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and lcgal clli:ct.
This Agreement shall become elli:ctive immcdiatcly as of the date of execution.
5,
It is the purpose und intcnt of this Agrcemcnt to settlc forcvcr and completely the interest
and obligations of the parties in all propcrty that they own separately, and all property that would
qualifY as marital propcrty under the Pennsylvania Divorce Codc, Title 23, Section 3301(e), and
that is referred to in this Agrcemcnt as "Marital Property", as bctween themselves, their heirs and
assigns. The parties have attcmpted to dividc thcir Marital Property in a manner that eonfonns to
a just and fair standard, with duc rcgard to thc rights of each Party. The division of existing
Marital Property is not intcndcd by thc parties to constitutc in uny wuy a sale or exchange of
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IIssets, IInd Ihe division is heing el'lceled withoul the introduction of outside funds or olher
property not constituting II pllrt of the I11l1ritlll estllte,
It is the lilrther purpose of this Agreelllent to settle Illrever IInd eOlllpletcly any ohligation
umler the Pennsylvllniu Divorcc Code rcluting to spousul support 01' ulil11ony,
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Euch party rcpresents und wurrunts thut hc or shc hilS l11ude a fitllund fair disclosurc to the
other of ull of his or her propcrty intcrcsts of any naturc. including uny 1110rtgugc. plcdgc, licn,
ehargc, sccurity intcrcst. cncul11brancc, or restriction to which any propcrty is subjcct. Euch
party furthcr rcprcscnts thut hc or shc has mudc u fitll and filiI' disclosure of nil dcbts und
obligutions of any nuturc for which he or shc is currcntly liublc or may bccolllc liublc. Each
furthcr rcprescnts und wurrunts that hc or she hus not Illude uny gills or tl'llnsfcrs for inadcquatc
considcrution of MaritulPropcrty without thc prior conscnt of thc othcr.
Euch Party acknowlcdgcs thut, to the cxtcnt desired, hc or shc has hud aeccss to all joint
and separutc Statc and Fcdcral Tux Returns tilcd by or on bchulf of cithcr or both Purtics during
marriagc,
7.
REAL ESTATE: Thc purties hcrcby aeknowlcdge thut thc reul propcrty locatcd at 101
Parsonugc Strcct, Ncwvillc, I' A 17241, fonncrly thc lTIuritul residcncc, hus bccn sold in un unns-
Icngth trunsuction for thc contruet price of $70,700.00, with nct procecds in thc amount of
$38.138.34 availublc lor distribution. The partics agrce that rcsulting procceds shull bc dividcd
betwccn thc partics, whcrcby WIFE shall rcceive Eighteen Thousund und 00/100 (SI8,000.00)
Dollars upon signing of this Agrccmcnt und HUSBAND shull reccive Twcnty Thousund One
Hundrcd Thirty-Eight and 34/100 (S20,138,34) Dollars. WIFE hcrcby wuives any remaining
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muritul intcrcst which shc muy huvc in procccds which urc in cxccss of $18.000.00 rcsulting
Ihnll thc sulc of thc muritul rcul cstutc. Likewisc. HUSBAND hcrchy wuivcs uny rcmuining
muritul intcrcst which hc muy huvc in procccds which urc in cxccss of $20, 138,34 rcsulting from
thc sulc of the muritul rcul estatc.
8.
SUI'POI{T: It is the mutual dcsirc of the Pllrtics, und thc purtics hcrcby agree, that
HUSBAND will not he requircd to puy spousul support, alimony or alimony pendentc lite to the
WIFE, Similurly, WIFE will not he requilcd to pay spousal supp0l1, alimony or alimony
pendente lite to the HUSBAND. The purties also wuivc uny right they have to rcceive alimony
or alimony pendente lite payments from the other following the entry of the Divorce Decree in
this malleI'.
9.
PERSONAL PROPERTY: The parties hereby agrce that all personal property acquired
during the marriage has been equitably divided between the parties to their mutual satisfaction
and agreement.
The WIFE hereby waives all right and title and interest which she may have in any
personal property designated as HUSBAND'S by virtue of the parties' prior physical division of
the marital property, or by division pursuant to the tenns of this Agreement. HUSBAND
likewise waives any right, title and interest which he has in the personal property designated as
WIFE'S by virtue of the parties' prior physical division of the marital property, or by division
pursuant to the tenns of this Agreement. Henceforth, each of the parties shall own, have and
enjoy independently of any elaim or right of the other party, all items of personal property of
every kind, nature and description and wherever situated, which lire then owned or held by or
which may hereafter belong to the HUSBAND or WIFE, respectively, with full power to the
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HUSBAND or thc WIFE to disposc of samc us tully und eflcetuully, in ullrespccts und till' ull
purposcs us ifhe or shc wcrc ul1l11unicd.
Each purty agrecs thatneithcr will incur obligations, liens or liuhilities on uccounl of' Ihe
other und that from thc datc of this Agrcemcnt. ncithcr party shall contract 01' incur ohliglltions,
liens or any liability whatsocvcr on account of thc othcr.
10.
AUTOMOBILES: HUSBAND hcreby waivcs ull right, title und intcrest which hc Illuy
havc in the 1988 Pontiac Grand Am which wus in the possession of' WIFE III thc lilllc of
separation. WIFE hereby waivcs all right, title and inlerest which slw IllIlY huve in tiny
automabilcs which wcre in thc possession of HUSBAND al thc lilllC of'sepllrution, including uny
such vchiclcs which lTIay have bccn purchasc by HUSBAND prior 10 the Illurriugc of the pllrlies.
Hcnceforth, cach party shall be individually and solcly responsihle ti'r the purchuse, use unt!
opcration of any automobiles which may bc in thcir rcspcctive posscssion, and thrthcr releuse
one anothcr from any liability relatcd thcrcto.
II.
MARITAL DEBTS: Thc partics hcrcby agrec that the HUSBAND shull ussullle sole
rcsponsibility for any and all dcbt which may now 01' in thc thture exist urising out of unt!
relating to the following joint crcdit card accounts which cxisted liS of' the dme of sepurutionllnt!
having the approximate balanecs as statcd below:
a. Membcrs First .............................. ($ 3,242.(0)
b. First Card .................................... ($ 2,27(,,00)
I'age 6
Husband acknowledges and aflinns that that thc above-listed credit..card balances have
been transferred to credit card accounts which are titled in HUSBAND's name alone. Further,
HUSBAND hereby agrees to indemnify and hold hannless WIFE Jor any and all liability which
may now or hereafter exist as a result of said credit card deht.
WIFE shall assume all liability for any and all debt relating to the any credit card
accounts which are titled in WIFE's name alone. Likewise, HUSBAND shall assume all liability
tor any and all debt relating to the any credit card accounts which are titled in HUSBAND's
name alone. The parties hereby acknowledge and affinn that, as of the date of this Agreement,
there are no open or active joint credit accounts of any type, and further that all credit cards, lines
of credit, private credit accounts or any such other secured or unsecured extensions of credit are
in the individual name of the party who negotiated said credit. In addition, the parties
acknowledge and affinn that there has heen a full and fair disclosure to the other party of all
debts and obligations, including but not limited to any outstanding or open credit accounts,
It is mutually agreed by and between the parties that WIFE shall assume all liability for
and pay and indemnifY the HUSBAND against all debts incurred by WIFE after the date of
separation. WIFE represents and warrants to HUSBAND that since the parties' marital
separation she has not contracted or incurred any deht or liability tor which HUSBAND or his
estate might be responsible and WIFE further represents and warrants to HUSBAND that she
will not contract or incur any debt or liability after the execution of this Agreement, tor which
HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND
hannless from any and all claims or demands made against him by reason of debts or ohligations
incurred by her,
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HUSBAND shall assume all liability 1(11' IInd pay and indclllnily thc WIFF against all
debts incurred by HUSBAND after the date of scparation, IIlJSIIAND rcprcscnls and Wal'l'anls
to WIFE that since the parties' marital scparation hc has IWI contl'llcll'd 01' incurrcd any dcht or
liability for which WIFE or her estatc might hc rcsponsihlc and IIIISII/\ND Illrlhcr rcprcscnts
and warrants to WIFE that he will not contract 01' incllr any dcht or liahility aileI' Ihc execlllion of
this Agreement, for which WIFE or her estale might he rcsponsihle. IILJSIIAND shall indemnily
and save WIFE hannless from any and ull claims or dcmands nllule against hcr hy reason of
debts or obligations incurred by him,
12.
INSURANCE AND EMPLOYEE BENEFITS: The parlies agree thut uny Iile
insurance policies on the IiJe of HUSBAND or WIFE or any olhcr cmployce hencfils. including
but not limited to retirement, profit sharing, 40 I K or mcdical hcncfits of dlhcr party, shall be
their own. WIFE waives all right, title and claim to IllJSBANf)'s cl11ployce. profit sharing,
pension and retirement benefits, uml HUSBAND waivcs all righI, lillc. and claim to any of
WIFE'S employee, profit sharing, pension und rclircl11cnl bcncfits,
HUSBAND agrees to take uny and allaclionncccssary and to cooperutc in Ihc rcmoval of
his name as a beneficiury or owner from any and all pcn~ion, profil sharing or olhcr rctirement
accounts which WIFE may currently posscss, Similarly, WIrE agrccs to takc uny and all action
necessary and to cooperate in thc removulof hcr namc us a bcncficiury or owncr Iromuny und all
pension, profit sharing or othcr retiremcnt uccollnts which HUSBAND muy currcntly posscss,
13,
BENEFITS AND BANK ACCOUNTS: WIFE agrccs to waivc all right, title and
interest which shc may havc in thc savings or chccking or any othcr hank accounts of thc
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HUSBAND not otherwise provided lor hcrein, HUSBAND agrces to waive all right, title and
interest which he may have in thc savings or checking or any othcr bank accounts of WIFE not
otherwisc providcd for hcrcin. HUSBAND agrccs to coopcratc in closing or rcmoving WIFE'S
name from any and all joint accounts held and any financial institution within a rcasonable time
/Tom thc date of this Agreement. Similarly, WIFE agrecs to eoopcrate in closing or removing
HUSBAND'S name /Tom any and all joint accounts held and any financial institution within a
rcasonable time from thc date of this Agrcement.
14,
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the partics will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is sceking the divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such brcach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fces and costs incurrcd by the other in enJorcing their rights
under this Agreement.
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ADDITIONAL INSTRUMENTS: Each of the partics shall from time to time, at the
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request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give fulllorcc and effect to thc provisions of this
A!,'Tcemcnt.
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VOLUNTARY EXECUTION: Thc provisions of this Agrccmcnt und their legul eftcct
havc eithcr bccn fully cxplaincd to thc purties by their rcspcctivc counscl, or havc bcen fully
reviewcd and understood if not rcprcscntcd by counsel, and cach purty acknowledges that thc
Agreement is tilir and cquitable, and that it is being cntcred into voluntarily, and that it is not the
result of any durcss or undue intluence, Thc partics agrce that unlcss othcrwise speeifically
provided herein, this Agreement shall continue in full forcc and effcet after such time as a final
Deerce in Divorce may be entered with respect to the parties. The partics furthcr agree that the
tenus of this Agreement shall bc incorporated into any Divorce Decree which may be entered
with respect to them, It is the partiesl intent that this Agreement docs not merge with the Divorce
Decree, but rather shall continue to have indepcndent contractual significance, Each party
maintains his or hcr contractual rcmedies as well as court ordered remedies as the result of the
aforesaid incorporation or as othelWise provided by law or statute. Those remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
lorth in the Pennsylvania Divorce Code or othcr similar statutes now in effect and as amended or
hereaUer enacted.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
exprcssly set forth herein.
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COMMONWEALTH OF I'ENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
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PERSONALLY APPEARED BEFORE ME, this ~'h day of ~
1998 a Notary Public, in and lor thc Commonwealth of Pennsylvania and County of
Cumberland, JEFFREY L. NOSS, known to me (or satisfactorily proven) to be thc pcrson
whose namc is subseribcd to thc within Marriagc Scttlcment Agrecmcnt, and aeknowlcdgcs that
hc exccuted thc samc for the purposes thcrcin eontaincd,
IN WITNESS WHEREOF. I have hcreunto set my hand and of lcial scal.
COMMONWEALTH OF PENNSYLVANIA
N~I~lll,,' S",l:
J"'CQuotlno L. Dlilr,t'duO'j, N01,,",. : 'I
CnrUslo Ooro, CumtJurlillld GO..I OJ,
My Commission Explros Aug. 1 -I, 1 !J,'
t.'artxlt, f'IJ1nsyMnaAooodallon 01 Nocanoo
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ,I fV- day of ~
1998, a Notary Public, in and lor thc Commonwealth of Pcnnsylvania and County of
Cumberland, DONNA M. NOSS, known to mc (or satisfactorily provcn) to bc the pcrson whosc
namc is subs crib cd to thc within Marriagc Scttlcmcnt Agrcement , and acknowlcdges that shc
executed the same for the purposes thercin contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
CuuJ
Ct-vL
Notarial Seal
Bridget Ann Corcomn, Notary Public
Camsle Boro, Cumberland County
My Commission Expire. June 10, 2002
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The marriage between the parties is irretrievably broken.
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Defendant has offered such indignities to the Plaintiff, his innocent and injured spouse, as to
create her life burdensome and condition intolerable.
8
The parties possess various items of real and personal property which are marital property and
subject to equitable property distribution.
9
Plaintiff if without sufficient assets to pay for her own support subsequent to the divorce.
10
Plaintiff is without sufficient assets to pay her counsel fees and costs of this divorce action.
II
There have been no prior actions for divorce or annulment in this or any other jurisdiction within
the knowledge of the Plaintiff.
WHEREFORE, the Plaintiff requests your Honorable Court to enter an order as follows:
A. Divorcing the Plaintiff from the Defendant.
B. Equitably dividing the parties marital property.
C.
Awarding Plaintiff alimony.
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Directing Defendant to pay attorney's fees and costs of litigation.
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E.
Such other relief as is appropriate.
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Plaintiff has been advised that counsuling is available and that Plaintiff may have the right to
request that the Court require the parties to participate in counseling,
By
Hubert X. Gilroy, E uire
Attorney for Plai Iff
4 North Hanove Street
Carlisle, PA 17013
717 . 243.4574
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I verify that the statements in thu foregoing pleading are true and correct.
I understand that false statements herein are made subject to the penalties
of 18 PaCS 4904 relating to unsworn falsification to authorities.
J-d5,98
DATE
CfJOI1/Y1t1 m. 'fI1JOa-I
DONNA M. NOSS
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DONNA M. NOSS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PllIinlill'
v
: 98.677 - CIVIL TERM
JEFFREY L. NOSS,
Defendllnt
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Hubcrt X. Gilroy, being duly sworn according to law do depose and state that a copy of thc
Complaint and Notice to Pica filed in thc abovc rcfcrenccd matter was served on Defcndant
Jeffrey L, Noss, through his attorney, Daniel D, DeArmcnt, Esquirc, on April 22, 1998. A copy of
Acccptance ofScrvice is attached hercto and markcd Exhibit A,
I:J./~~I € A
DATE
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ClIP(-
Hubert X. Gilroy, Esquire
Attorney for Plaintiff
Broujos & Gilroy, P,C.
4 North Hanovcr Street
Carlisle, PA 17013
7 I 7 - 243-4574
Sworn and subscribed
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before me this ).~
day of Decembcr, 1998
LA~tfJ'l &~.
Notary Ijublie -
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Nolattal Seal
Bcrkloet Ann CorcOlllll, Notery Public
=ailisle BOlO, Cumbe~enc:t CouI1!y
My Convn/sslon explre. June 10,2002
DONNA M. NOSS,
PLAINTIFF
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
,I
vs.
JEFFREY L. NOSS,
DEFENDANT
: 98.677 CIVIL TERM
: ACTION IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
To Curtis L. Long, Prothonotary:
Noss,
Please enter my appearance in this divorce aetion on behalf of the defendant, Jeffrey L.
Respectfully submitted,
l
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.
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IRWIN McKNIGHT & HUGHES
o~ ~(f}2,(Y/
Daniel W. DeArment, EsqUire
60 West Porn fret Street
Carlisle, PA 17013
(7 I 7) 249-2353
Supreme Court I.D. No, 77946
Attorney for Defendant,
Jeffrey L. Noss
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Date: April c:? 2-, 1998
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CERTIFICATE OF SERVICE
I, DlIniel W, DcArmcnt, do hcrcby ccrtily tlllltllllll this dllY scrving II truc und corrcct
copy of the forcgoing documcnt upon thc pcrson, lInd in thc mllnncr indiculcd below, which
scrvice slltislies the rcquircmcnls ofthc Pcnnsylvllnill Rulcs of Civil Proccdurc, by dcpositing thc
samc with thc Unitcd Statcs Post Ol1icc in Carlislc, I'cnnsylvunill, poslngc prcpuid und lIddrcsscd
as lollows:
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Hubcrt X. Gilroy, Esquire
Attorney lor Plaintiff
Broujos & Gilroy, P.C.
4 North Hanover Strcet
Carlisle, Pcnnsylvania 17013
,
IRWIN, McKNIGHT & HUGHES
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Datc: April 22, 1998
Dam , . DeArment; Esquire
60 West Pomfrct Street
Carlisle, P A 17013
717-249-2353
Supreme Court I.D. #: 77946
Attorney for the Defendant,
Jeffrey L. Noss
DONNA M. NOSS,
PLAINTIFF
: IN TilE COURT OF COMMON I'LEAS OF
: CUI\IIJERLANI> COUNTY, PENNSYLVANIA
vs.
JEFFREY L. NOSS,
DEFENDANT
: 911-677 CIVIL TERM
: ACTION IN DIVORCE
ACCEPTANCE OF SERVICE
I, Daniel W. DeAmlcnt, Esquire, attorney lor thc defendant in the abovc-captioncd
divorce action, hcreby agrce on bchalf of my clicnt, Jeffrey L. Noss, to acccpt scrvice of the
Complaint in Divorce which was filcd on Fcbruary 5, 1998.
IRWIN, McKNIGHT & HUGHES
anicl W. eArmcnt, EsqUl C--'
60 Wcst Pomlrct Strcct
Carlislc, Pcnnsylvllnia 17013
Suprcme Court J.D. No, 77946
(717)-249-2353
Attorney for delcndllnt,
Jcftrcy L. Noss
Date: April ,;2. ?-" 1998
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BROUJOS & GILROY, P.C.
ATI'ORNBYS AT LAW
4 NORTH HANOVER STRBET
CARUSLB, I'IlNNSYLVANIA 17013
717.243-4574 766-1690'" '
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I'luintill'
IN Tim COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONNA M, NOSS,
v
98-677 - CIVIL TERM
JEFFREY L. NOSS,
Dcfcndunt
IN DIVORCE
AFFIDAVIT OF CONSENT,
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
I. A Complaint in divorcc under Scction 3301(C) of the Divorce Code was filcd on Fcbruary
5,1998,
2. Defcndant acknowlcdgcs rcceipt and acccpts service of the Complaint on or about April 22,
1998 through his attomcy Daniel D. DeAnncnt, Esquirc,
3. The marriage of the PluintitT and Defendant is irretrievably broken and nincty days have
elapsed from the date of the tiling of the Complaint.
4. I conscntto thc cntry of lItinal decrce of divorce without notice.
5, I understand that I may lose rights conccming alimony, division of propcrty, lawycr's lecs
or expcnscs if I do not claim thcm before a divorce is /,'l'anted.
6. I undcrstand that I will not be divorccd until a Divorcc Dccrce is cntcrcd by the Court and
that a copy of the Dccrce will be scnt to me immcdiately aftcr it is filcd with the Prothonotary.
7, I have bcen adviscd of thc availability of marriage counseling and undcrstand that I may
rcqucstthat the Court requirc counseling, I do not rcqucst that the Court rcquire counseling,
I vcrifY that the statcmcnts madc in this atlidavit are true and corrcct. I undcrstand that false
statcmcnts herein are made subjcet to the pcnlllties of 18 Pa.C,S. *4904 relating to unsworn
falsitication to authorities,
Date:~( q ~
Ck=)aniYVl. m::n {~<V
Donna M. Noss/PlaintitT
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l'lalntlff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY.I'ENNSYLVANIA
v.
CIVIL ACTION - LAW
911-677 CIVIL TERM
JEFFREY L. NOSS.
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
W AIYER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of thc Divorce Code was filcd on
February 5, 1998,
2. The marriage of Plaintiff and Defcndant is irrctricvably brokcn and nincty days havc
e1apscd from the datc of filing of the Complaint.
3. I conscnt to the cntry of a final Decrce of Divorce without notice,
4. I understand that I may lose rights conccming alimony, division of property, lawycr's
fecs or expenses if I do not e1aim them before a divorcc is gruntcd,
5. I undcrstand that I will not be divorccd until a divorce deercc is entcrcd by the Court
and that a copy of the dccree will be scnt to me immediately after it is tiled with the
Prothonotary.
I verify that the statcments made in this atlidavit are true and corrcct. I understand that
false statements herein made are subjcet to the pcnalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities,
Datc: Dccember!if3:.... 1998
<~ "ytt_ -d ~-M
{/ J RE 1, . NOSS
Defcndant
JOIIN H, BROU/OS
HUBERT X, GILROV
BROUJOS & GILROY, p, c.
ATroltNEYS AT LAW
4 NORnl HANOVER STREOT
CARLISLE, PENNSYLVANIA 17013
Tm.E1'1I0NR: (717) 243-4574
PACSIMII,", (717) 243.8227
INTERNlrr, brgllroypc@nol,com
NON.ToLL H)R HARRISIIURG ARli^
717-766-1690
Dcccmber 10, 1998
E. Robcrt Elickcr, Esquire
Divorce Mastcr
9 North Hanover Strect
Carlislc, P A 17013
Dcar Bob:
The parties have rcachcd a settlcment in the above casc. We will provide you with a copy of the
Settlement Agrccment once it is signcd, aftcr which we ask that you promptly vacatc your
appointment so that we can finalize the divorce,
If you have any questions, please call mc,
Sincerely yours,
L,
bc
cc: Donna Noss
Daniel W. DeArment, Esquirc
,,'
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DONNA M. NOSS,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98 - 677 CIVIL
JEFFREY L. NOSS,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE: Monday, August 24, 1998
Present for the Plaintiff, Donna M. Noss, is
attorney Hubert X. Gilroy, and present for the Defendant,
Jeffrey L. Noss, is attorney Daniel W. DeArment.
A divorce complaint was filed on February 5, 1998.
The complaint raised grounds for divorce of irretrievable
breakdown of the marriage and the economic claims of equitable
distribution, alimony, and counsel fees and costs.
The parties were married on September 26, 1987, and
separated May 4, 1996. They are the natural parents of two
children, Johnathan, born September 18, 1995, and Kendra, born
September 18, 1995. The children currently reside with the
mother. Husband is paying child support for the children in the
amount of $110.00 per week plus $5.00 per week on account of
arrearages.
Counsel have advised that the parties will sign
affidavits of consent so that the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code. Mr. Gilroy is
going to advise the Master and opposing counsel within the next
two weeks as to whether or not he intends to offer any testimony
on the issue of marital misconduct. If he does intend to offer
testimony on that factor, we will discuss the number of
witnesses which he intends to present and determine if we need
to schedule a separate hearing for that testimony.
Wife is a high school graduate and works as a
cashier at Village Square Markets. She is 30 years of age and
resides at 545 Sandy Hollow Road, New Bloomfield, Pennsylvania.
She lives with the two children and Mr. DeArment believes also
with a male friend, Wife works 30 hours per week and is paid
$5.40 per hour. There is a question of whether or not she has
any health insurance benefits through her employment. She does
not have any pension plan. Wife has not raised any health
issues.
'R'
Husband is 34 years of age and resides at 101
Parsonage street, Newville, Pennsylvania, with a female friend.
He is a high school graduate and takes home $392.32 per week as
a laborer with Mott's Beverage. Husband has health insurance on
the family, Husband does have another child, not of this
marriage. The mother of that child is the friend that husband
is residing with currently. Husband has not raised any health
issues.
The parties own real estate at 101 Parsonage
street, Newville, Pennsylvania. The property was appraised by
steven Barrett at $88,500.00 and by Larry Foote at $62,500.00.
The property was originally listed with B-H Agency for
$89,500.00 and has recently been reduced to $79,900.00. It is
hopeful that the property will sell inasmuch as neither of the
parties wants to retain the property. The property is subject
to a first mortgage in favor of Farmers Trust with an
approximate payoff of $20,200,00 and a second mortgage in favor
of Member's 1st with an approximate payoff of $6,000.00. The
payoffs on the mortgages should be updated to the date of the
hearing. The mortgage payments that husband is making, $228.00
on the first mortgage and $200.00 on the second mortgage for a
total of $428.00 per month, do not include taxes and insurance.
Mr. Gilroy has raise~ a rental value claim but it appears, after
looking at the mortgage payments and the additional costs for
taxes and insurance, which apparently husband is paying, that
the rental value claim will be equal or nearly equal to the
costs that Mr. Noss has been paying on the property. In any
event, Mr. Gilroy wants to preserve the rental value claim and
if he intends to offer testimony, he should advise opposing
counsel as to what amount of rental value monthly he intends to
assert is a fair rental value for the property.
Wife was a participant in a profit sharing plan
through her prior employment and the value of that plan, as of
September 1996, was $6,098.74. All of the value is marital.
Wife has no other pension plan or IRA or profit sharing plan.
Likewise, husband is not a participant in any similar plans.
The parties owned a 1988 Pontiac Grand Am which had
a value ranging from $1,050.00 to $1,175.00 based on two
appraisals which Mr. Gilroy presented. Mr. Gilroy also advised
that wife sold the vehicle for $1,000.00.
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Wife claims that husband received substantially
more household tangible personal property than she did,
apparently because he remained in possession of the marital
residence when she left. Consequently, Mr. Gilroy has advised
that he intends to have the tangible personal property
appraised,
Mr. Noss assumed the marital debt with Member's 1st
in the amount of $2,275,00 and First Card in the amount of
$3,242.00, these amounts due and owing being the amounts due at
date of separation, Based on the assumption that Mr. Noss will
assume the marital debt, which was due and owing at separation,
he will be entitled to some credit on account of the assumption
of that debt,
with respect to the checking and savings accounts,
counsel advised that those accounts have been distributed
between the parties to their mutual satisfaction and we will not
need to use any values for those accounts in the equitable
distribution computation.
The main issue in this case apparently seems to be
the percentage of distribution that each of the parties is
entitled to. Hopefully once the house is sold we will be able
to look more closely at how to make a distribution of the
assets, particularly sinc~ the proceeds from the sale of the
house will be the major asset for distribution.
A hearing is scheduled for Friday, February 19,
1999, at 9:00 a,m. Notices will be sent to counsel and the
parties.
E. Robert EliCker, II
Divorce Master
cc: Hubert X. Gilroy
Attorney for Plaintiff
Daniel W. DeArment
Attorney for Defendant
DONNA M, NOSS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98 - 677
vs.
JEFFREY L. NOSS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Donna M. Noss
Hubert X. Gilroy
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"
, Plaintiff
, Counsel for Plaintiff
Jeffrey L. Noss
Daniel W. DeArment
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce
Hanover Street, Carlisle, Pennsylvania on the
of Februarv , 1999, at 9:00
place and time you will be given the opportunity
witnesses and exhibits in support of your case.
,
Master, 9 North J
19th day
a.m. , at which ')
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Date of Order and
Notice: R/?4/qR
By:
Divorce Master
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.
"
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CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717) 249-3166
I!
IN TilE COURT OF CmlHON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
DONNA M. NOSS
Plaintiff
vs.
JEFFREY I.. NOSS
DEFENDANT
19
NO.
98-677
MOTION FOR APPOINTMENT OF MASTER
(Plaintiff) ~'m'l'ClJI:).
following claims:
moves the court to appoint
Donna M. Noss
a master with respect to the
(X) Divorce
( ) Annulment
()<') Alimony
( ) Alimony Pendente
Lite
O()
( )
( >'.)
( )
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested. .
(2) The defendant (has) ~~ appeared in
(by his attorney, Daniel W. DeArment
(3) The staturory ground(~) for divorce (is)
the action (personally)
,Esquire).
( are)
following claims:
(4) Delete the inapplicable paragraph(s):
(,,) 1'11" act:ion is not contest:eil.
(b) An ~reement has been reached with respect to the
,/Uilfl/~
/.1(r)( The action is contested with respect to the following
(5) The action (involves) (does not involve) complex issues of law
(6) The hearing is expected to take ~ (RQW~~) (days).
(7) Additional information, if any. ~o the motion:
A;torney for (Plaintiff)
~
ORDER APPOINTING MASTER /? j, Hubert X. Gilroy, Esquire
,/i- ,19 98, E/?)~ i-u-c/ev..... Esquire,
th respect to the following claims: ~
claims:
or fact.
Date:
"
AND NOW I'll
is appointed master
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IN TilE COURT OF COMMON PLEAS OF
CUMBERLANI) COUNTY, PENNSYLVANIA
DONNA M. NOSS,
Plaintiff
CIVIL ACTION -- LAW
v.
98 - 677 CIVIL
JEFFREY 1.. NOSS,
Defcndant
ACTION IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
AND NOW, comcs the Defendant, Jeffrcy L. Noss, by nnd through his attorneys, Irwin,
McKnight & Hughes, Esquires, and tiles this Prc-Trial Statcmcnt as rcquircd by Rule 1920,33 of
the Pcnnsylvania Rules of Civil Proccdure, setting forth as tollows:
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I. MARITAL ASSETS
Itell/ No. Descriptioll of Oll'llersllip Presellt Va/lie AII/mlllt of Liell
Property
1. Marital Joint $ 75,500.00 ($20,200,00) 1st Mortg I
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Rcsidence (Ave, a/Appraisals) ($ 6,000,00) 2nd Mortg i I
2, 1988 Grand Am Sold $3,400,00 $0,00 1\
(8/97 NADA Book) I
3, Profit-Sharing Wifc $5,800,00 $0,00
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VI, PENSION
The Dcfcndant docs not have II pcnsion with his cmploycr.
VII. PROPOSED RESOLUTION
The Defcndant proposes that thc ass cis and Iiabilitics be dividcd on a 50% basis. In
support of this proposition, Dcfcndllnt citcs the continued maintcnanee of the marital rcsidcnce,
including the first and sccond mortgagcs, and continucd maintenancc of the marital crcdit card
debt since the date of scparlltion liS the basis lor the proposcd SO/50 distribution.
Rcspectfully submitted,
IRWIN, McKNIGHT & HUGHES
. c. _
lIniel ',DeArment, EsquifC
60 Wcst PomlTet Strcet
Carlisle, Pennsylvania 17013
717-249-2353
Supreme Ct. J.D. No, 77946
Attorney for the Defcndant,
Jeffrcy L. Noss
Datcd: June 15, 1998
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Wife is employed at Village Square Market in Shermans Dale. She
has been employed there approximately one year.
Her prior
employment was with Saylor's Market in Newville. Her position is
that of a cashier. She works approximately 30 hours a week at an
custody of the mother who is primary custodian.
visitation rights.
Father has
hourly rate of $5.40.
She has no health benefits or pension
benefits through her employment.
6
The parties have two children, Johnathan, born September 18, 1995;
and Kendra, born September 18, 1995.
The children are in the
7
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The primary asset of the parties is the marital home where husband
is currently residing. He resides in that home with his girlfriend
and their child and girlfriend's child from a prior relationship.
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There is a dispute on appraised value.
Steve Barrett did an
appraisal in 1996 for $88,500.
Mr. Noss suggested a value of
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$73,000. The house is currently listed for sale on a six-month
listing with B-H Agency at a listing price of $89,500. Husband has
resided in the property continuously since separation and wife will
be seeking reimbursement for rental value. Husband has maintained
A
the mortgage. There is a mortgage to Farmers Trust. Wife is not
aware of the current balance on the mortgage, There is also a home
equity loan through Member's First.
8
Plaintiff does not have any pension benefits through her
employment. She had a profit-sharing plan through Saylor's Market
with a balance as of September 1996 in the amount of $6,098.74.
9
Wife does not believe husband has any pension plan through his
current employer, but wife requires verification of that fact.
Husband had a Teamsters retirement plan from a prior employer and
wife requests detailed information to determine the current value
on that asset. Wife also requests an account as to whether husband
has any IRA accounts or other similar pension/retirement assets.
10
The parties agree that there were two credit cards, Members First
in the amount of $2,276 and First Card in the amount of $3,242,
which were marital debts and which were assumed by husband at
separation.
11
There may be an issue on the payoff of the home equity loan because
husband may have drawn money on that account after separation and,
additionally, a portion of the loan may also be attrituable to
husband's sister's obligation for which the parties borrowed money
and for which husband agreed to assume all obligation.
12
At separation, wife had a 1988 Pontiac Grand Am. She sold that
vehicle for $1,000.
13
At separation, the parties distributed some items of personal
property. However, it is the wife's contention that the husband
has maintained a majority of the personal property including items
that are valuable such as tools, gas heaters, air conditioners,
lawn mowers, etc. Attached hereto is an informal list of items
which wife suggests were marital property and left in the home at
time of separation. Also attached is a list of personal property
taken by the wife at time of separation.
14
There were some miscellaneous joint savings and checking accounts
the parties had at time of separation which the parties split at
that time and wife is not interested in bringing those items into
the distribution formula.
15
Wife does not anticipate any expert witness testimony at the
hearing.
16
Wife suggests that the factors which merit awarding her more than
50% of the marital estate include the fact that she is custodian
for two minor children, husband's income is significantly higher
than wife's and husband has (because of his income) more of an
opportunity to accumulate assets in the future. Wife is suggesting
a 65%/35% distribution in her favor.
17
Plaintiff does not anticipate any witnesses besides herself for
purposes of the hearing unless there is an issue with respect to
appraisement of the personal belongings or appraisement or the real
estate or rental value on the real estate. A hearing should take
approximately one-half day.
Respectfully submitted,
J
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HUBERT X. GILROY
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E. Robert Elicker, 11
September 14, 1998
Page 2
6. We anticipate a claim for rental value of the marital home. We have asked
Steve Barrett to prepare a report on that Issue and we will submit the report
to Mr, Noss's counsel in the hope's that we can reach an agreement on
rental value without having to have any testimony.
7. We understand that the Financial Trust mortgage payoff is $ 17,681.00 and
the Members First payoff is $6,839.00. Enclosed are statements
concerning those payoffs.
8. On the Member's First loan, it will be our position that $4,000.00 of that
load was actually money that was borrowed to give to Mr. Noss's sister.
This was an agreement between Mr. Noss and his sister without any prior
knowledge by Mrs. Noss. We will be taking the position that the
$4,000.00 is Mr. Noss's obligation alone and there will need to be an
adjustment relating to that issue.
I believe the above information supplements the issues that we discussed at our pre-hearing
conference.
If you have any Questions, please feel free to contact me.
Yours sincerely,
dch
Enclosure
cc: Daniel DeArment, Esquire
Donna M. Noss
DONNA M. NOSS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
JEFFREY L. NOSS,
Defendant
NO, 98 - 677 CIVIL
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: HUbert X. Gilroy
Daniel W. DeArment
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 24th day of August, 1998, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by Counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 6/16/98
E. Robert Elicker, II
Divorce Master
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the partics, and the parties intcnd to be legally bound hercby.
5,
Each party to the Agreement acknowledges and declarcs that he or she,
respeetively:
(I) is rcpresented by counsel of his or her own choosing (Daniel W. DeArmcnt,
Esquire for HUSBAND, Hubcrt X, Gilroy, Esquire for WIFE);
(2) is fully and completely informed of the facts relating to the subjcct matter of
this Agreement and of the rights and liabilitics of the parties;
(3) cnters into this Agrcement voluntarily after rcceiving the advice of counsel;
(4) has givcn careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands eaeh provision of this Agrcement, both as to
the subject matter and legal effcct.
This Agrcement shall bceome effective immediately as of the date of execution.
It is the purpose and intent of this Agreement to settle forevcr and completely the intcrest
and obligations ofthc parties in all property that they own scparately, and all property that would
qualifY as marital property undcr the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
that is referred to in this Agreement as "Marital Propcrty", as between themselves, their hcirs and
assigns. The parties have attcmpted to divide their Marital Property in a manncr that conforms to
a just and fair standard, with due rcgard to the rights of cach Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
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assets, and the division is being effected without the introduction of outside funds or other
propcrty not constituting a part of the marital cstate.
It is thc furthcr purpose of this Agrccmcnt to settle forevcr and completely any obligation
undcr the Pennsylvania Divorce Code relating to spousal support or alimony,
6.
Each party rcpresents and warrants that he or she has made a full and fair disclosure to the
othcr of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbranee, or restriction to which any property is subject. Each
party further rcprcsents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may bccome liable. Each
further represcnts and warrants that he or she has not made any gifts or transfcrs for inadcquate
considcration of Marital Propcrty without the prior consent of the othcr.
Each Party acknowledges that, to the cxtent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filcd by or on behalf of either or both Parties during
marriage,
7,
REAL ESTATE: The parties hercby acknowlcdge that the real property loeated at 101
Parsonage Street, Newville, P A 17241, formerly the marital residenee, has bcen sold in an arms-
length transaction for the contract price of $70,700.00, with net procecds in the amount of
$38,138.34 available for distribution. The parties agree that resulting proceeds shall be divided
betwccn the parties, whereby WIFE shall rcceive Eightccn Thousand and 00/100 ($18,000.00)
Dollars upon signing of this Agreemcnt and HUSBAND shall rcceive Twenty Thousand One
Hundred Thirty-Eight and 34/100 ($20,138,34) Dollars. WIFE hereby waives any remaining
Page 4
marital intercst which she may have in proeecds which are in exccss of $18,000,00 resulting
from the sale of the marital rcal estate. Likewisc, HUSBAND hereby waives any remaining
marital intcrest which he may have in proceeds which are in excess of$20,138.34 resulting from
the sale of the marital real estate,
8.
SUPPORT: It is the mutual dcsire of the parties, and the partics hercby agrce, that
HUSBAND will not be required to pay spousal support, alimony or alimony pendcnte lite to the
WIFE. Similarly, WIFE will not be rcquired to pay spousal support, alimony or alimony
pendente lite to the HUSBAND, The parties also waive any right they have to receive alimony
or alimony pendente lite payments from the othcr following the entry of the Divorce Decrce in
this maltcr.
9,
PERSONAL PROPERTY: The parties hercby agrce that all personal property aequired
during the marriage has been equitably dividcd between the parties to their mutual satisfaetion
and agreement.
The WIFE hereby waives all right and title and interest which she may have in any
personal property designated as HUSBAND'S by virtue of the parties' prior physieal division of
the marital property, or by division pursuant to the tcrms of this Agreement. HUSBAND
likcwise waives any right, title and interest which he has in the personal property designated as
WIFE'S by virtue of the parties' prior physical division of the marital property, or by division
pursuant to the terms of this Agreement. Henceforth, each of the partics shall own, have and
enjoy indcpendcntly of any claim or right of the othcr party, all items of personal property of
every kind, nature and description and wherever situated, which are then owned or held by or
which may hereaftcr belong to the HUSBAND or WIFE, respectively, with full power to the
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HUSBAND or the WIFE to dispose of same as fully and effcctually, in all respcets and for all
purposcs as if he or shc were unmarried,
Each party agrccs that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or ineur obligations,
liens or any liability whatsoevcr on account ofthe other.
10.
AUTOMOBILES: HUSBAND hereby waives all right, title and intercst which he may
have in the 1988 Pontiac Grand Am whieh was in the posscssion of WIFE at the time of
separation, WIFE hereby waives all right, title and intcrcst which she may have in any
automobiles which were in the possession of HUSBAND at the time of scparation, including any
such vehicles which may have been purchase by HUSBAND prior to the marriage of the parties,
Henceforth, each party shall be individually and solely responsible for the purchase, use and
operation of any automobiles which may be in their rcspective possession, and further release
one another from any liability related thereto.
II.
MARITAL DEBTS: The parties hcrcby agree that the HUSBAND shall assume sole
responsibility for any and all debt which may now or in the future exist arising out of and
relating to the following joint credit card accounts which existed as of the date of separation and
having the approximate balanecs as stated below:
a. Members First .............................. ($ 3,242.00)
b. First Card .................................... ($ 2,276.00)
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Husband acknowledges and affimls that that the above-listed credit-card balances have
been transferred to credit card aecounts which are titled in HUSBAND's name alone, Further,
HUSBAND hereby agrees to indemnify and hold harmless WIFE for any and all liability whieh
may now or hereafter exist as a result of said credit card dcbt.
WIFE shall assume all liability for any and all debt relating to the any credit card
accounts which are titlcd in WIFE's name alonc. Likewise, HUSBAND shall assume all liability
for any and all debt relating to the any credit card accounts which are titlcd in HUSBAND's
name alone, The parties hercby aeknowlcdge and affirm that, as of the date of this Agreement,
there are no open or active joint crcdit accounts of any type, and further that all credit cards, lines
of credit, private credit accounts or any such other secured or unsecured extensions of credit are
in the individual name of the party who ncgotiated said credit. In addition, the parties
aeknowledge and affirm that there has becn a full and fair disclosure to the other party of all
debts and obligations, including but not limited to any outstanding or open credit accounts.
It is mutually agreed by and between the parties that WIFE shall assume all liability for
and pay and indemnifY the HUSBAND against all debts ineurred by WIFE after the date of
separation. WIFE represents and warrants to HUSBAND that since the parties' marital
separation she has not contracted or incurred any dcbt or liability for which HUSBAND or his
estate might be responsible and WIFE furthcr represents and warrants to HUSBAND that she
will not contraet or incur any debt or liability after the execution of this Agreement, for which
HUSBAND or his cstate might be responsible. WIFE shall indemnifY and save HUSBAND
harmless from any and all claims or demands made against him by reason of debts or obligations
incurred by her.
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HUSBAND shall assumc all liability for and pay and indcmnify the WIFE against all
dcbts incurred by HUSBAND after the date of separation, HUSBAND rcprcsents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or hcr cstate might be responsible and HUSBAND further rcpresents
and warrants to WIFE that he will not contraet or ineur any dcbt or liability aftcr the execution of
this Agrcement, for which WIFE or hcr cstate might be responsible. HUSBAND shall indemnify
and save WIFE harmless from any and all claims or demands made against hcr by reason of
debts or obligations ineurred by him.
12.
INSURANCE AND EMPLOYEE BENEFITS: The partics agrce that any life
insurance polieies on the life of HUSBAND or WIFE or any othcr employce bcnefits, ineluding
but not limited to retirement, profit sharing, 40 I K or mcdical bcnefits of either party, shall be
their own. WIFE waives all right, title and claim to HUSBAND's employee, profit sharing,
pcnsion and retirement benefits, and HUSBAND waivcs all right, title, and claim to any of
WIFE'S employee, profit sharing, pension and retirement bcnefits.
HUSBAND agrees to take any and all action necessary and to cooperate in the removal of
his namc as a beneficiary or owncr from any and all pension, profit sharing or other retirement
accounts whieh WIFE may eurrently possess. Similarly, WIFE agrees to take any and all action
neeessary and to cooperate in the removal of her name as a beneficiary or owner from any and all
pension, profit sharing or other retiremcnt aecounts which HUSBAND may currently possess.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrces to waive all right, title and
interest which she may have in the savings or chccking or any other bank accounts of the
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HUSBAND not otherwise provided for hercin, HUSBAND agrees to waive all right, titlc and
interest which he may have in the savings or checking or any other bank accounts of WIFE not
otherwise provided for herein, HUSBAND agrees to cooperate in closing or removing WIFE'S
name from any and all joint accounts held and any financial institution within a reasonable time
from the date of this Agrcement. Similarly, WIFE agrees to coopcrate in closing or removing
HUSBAND'S name from any and all joint accounts held and any financial institution within a
reasonable time from the date of this Agrecmcnt.
14.
DIVORCE: The parties both agrce to cooperate with eaeh other in obtaining a final
divorce of the marriage. It is agrced that the parties will execute and file the consents necessary
to obtain the divorce, Any party who fails to cooperate with obtaining the Divoree shall pay all
the costs and legal fees of the party who is secking the divorce,
15.
BREACH: If either party breaehes any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breaeh or seek sueh other
rcmedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
undcr this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
rcquest of the other, execute, acknowledge and deliver to the other party any and all further
instrumcnts that may be reasonably requircd to give full force and effect to the provisions of this
Agrcement.
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VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have cither bcen fully explained to the parties by thcir respcelive counsel, or have been fully
reviewed and understood if not rcprcsented by counsel, and eaeh party aeknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The parties agrce that unless otherwise spceifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Dccree in Divorce may be entercd with respcctto thc parties, The parties further agree that the
terms of this Agreemcnt shall be incorporatcd into any Divorcc Decrce which may be entered
with respect to thcm. It is the partics' intcnt that this Agrcement does not merge with the Divorce
Deerce, but rather shall continue to have independcnt contractual significance. Eaeh party
maintains his or her contractual remedics as wcll as court ordercd remedies as the result of the
aforesaid incorporation or as otherwise providcd by law or statute. Those remcdies shall include,
but not be limited to, damages resulting from brcaeh of this Agreemcnt, specific enforcement of
this Agrecment and rcmedics pcrtaining to failure to comply with an order of court or agreement
pcrtaining to equitable distribution, alimony, alimony pendente lite, counsel fces and costs as set
forth in the PennsYlvania Divorce Code or other similar statutcs now in effect and as amended or
hereafter enacted.
18.
ENTIRE AGREEMENT: This Agrecment contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
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19.
APPLlCABl.E LAW: This Agrcement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all propcrty
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fccs
incurred in the settlement of the divorce and cconomic issucs surrounding this divorce.
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein othcrwise providcd,
each party may dispose of his or her propcrty in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, spousal
election widow's allowance, right to take in intestacy, right to take against the Will of the other,
and right to act as administrator or executor of the other's estate, and each will, at the request of
the other, execute, acknowledge and deliver any and all instrumcnts which may be necessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights
and claims.
Further, WIFE does hereby release, waive and forever discharge HUSBAND from any
and all claims she has now, evcr may have or can at any time have against HUSBAND or his
Page II
cstatc or any part thercof, whether arising out of formal contracts, engagements or liabilities of
HUSBAND. HUSBAND docs hcreby release, waive and forever diseharge WIFE from any and
all claims he has now, ever may have or can at any time have against the WIFE or her cstate or
any part thercof, whether arising out of formal contracts, cngagements or liabilities of WIFE,
IN WITNESS WHEREOF, the parties hereunto have sct their hands and seals thc day
and year first abovc written.
WITNESSES:
(;? ~~~2:T/ ~~ -J- ~(SEAL)
L'./J~a-c<)o.A-V ~ 11L11.,.., (SEAL)
~ DONNA M. NOSS
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