HomeMy WebLinkAbout03-0990Law Offices of Lee E. Oesterling & Associates, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717)-790-5400
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD
Plaintiff,
V.
ARMEEN W. GOULD
Defendant
No. 0.7- qqO
Civil Action - Divorce
NOTICE TO DEFEND AND CI,AIM OF RIGHTS
YOU HAVE BEEN STIED IN COURT. I f you wish t o defend against t he claims s et 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
Plaintiff. You may lose money or property or other rights important to you, including custody or visitation
of your children.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES
OR EXPENSES BEFORE A D1VORCE 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
(717) 249-3166
NOTICE OF AVAII,ARHJTV OF COIINSEI,ING
THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE
AVAILABILITY OF COUNSELING WHERE A DWORCE IS SOUGHT UNDER ANY OF THE
FOLLOWING GROUNDS:
23 Pa.C.S. § 3301(a)(6)
- Indignities
23 Pa.C.S. § 3301(c)
23 Pa.C.S. § 3301(d)
- Irretrievable Breakdown; Mutual Consent
Irretrievable Breakdown; Two year separation where
determines that there is a reasonable prospect of reconciliation
the court
A list of mamage counselors is available in the Office of the Prothonotary, Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194.
HAZLE~STERLING,
/Le~-'~70e~.D.' ~ ~1320''
/ Attorney for Plaintiff
/ 42 East Main Street
/ Mechanicsburg, PA 17055
ff (717)790-5400
Law Offices of Lee E. Oesterling & Associates, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717)-790-5400
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD :
Plaintiff, :
V. :
ARMEEN W. GOULD :
Defendant :
(yo
Civil Action - Divorce
COMPLAINT UNDER SECTION
3301(C) OR 3301 (D) OF THE DIVORCE CODE
1. Plaintiff is Monica A. Gould, an adult individual, sui juris, who currently resides at 712
Sunhaven Circle, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055.
2. Defendant is Armeen W. Gould, an adult individual, sui juris who currently resides at
School House Apartments, # 203 Simpson Ferry Road, City o f M echanicsburg, County o f Cumberland,
Commonwealth of Pennsylvania 17055.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a
period of more than six (6) months immediately preceding the filing of this complaint.
4. The parties were married on the 6m day of August 1988, County of Cumberland,
Commonwealth of Pennsylvania.
5. Neither Plaintiffnor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its
amendments.
6. There have been no prior actions for divorce or annulment instituted by either of the
parties in this or any other jurisdiction.
7. For purposes of § 3301 (d) of the Divorce Code, the parties have been living separate and
apart since on or about February 1, 2003.
8. The mamage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
10. Plaintiff intends to file an affidavit of consent after 90 days have elapsed from the date of service
of the Complaint on the defendant and believes that defendant will also file such an affidavit.
CO1 INT ]
REQUEST FOR A NO-FA UL T DIVORCE UNDER 3~ 3301 (c) OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
12. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §
3301(c) of the Divorce Code.
HAZLETT~RLING
Lee E. Oesterling, I.D. # 71320
Attorney for Plaintiff
42 East Main Street
Mechanicsburg, PA 17055
(717)790-5400
VERIFICATION
I verify that upon personal knowledge or information and belief that the statements made in this
Complaint 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.
Monica Gould
Law Offices of Lee E. Oesterling & Associates, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717)-790-5400
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD :
Plaintiff, :
V. ;
ARMEEN W. GOULD :
Defendant :
No. 0D - 990
Civil Action - Divorce
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling
m the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized
to accept on behalf of the Defendant.
MAILING ADDRESS
SEPARATION AGREEMENT
This Agreement is made /-'/rYr,~ ~5-..?t~ [date ], at ./~,(¢'fi/rln,~F~Y)~ Pennsylvania,
between Monica A..Gould nee Azizkhan, r~ferred to as the Wife," cur~ehtl~ residine at 712
Sunhaven Circle, Mechanlcsburg, PA 17055 and Armeen W. Gould, referred to as ~he
"Husband," currently residing at School House Apartments, #203 Simpson Perry Road,
Mechanicsburg, Pennsylvania 17055. They are collectively referred to as the "Parties."
ARTICLE I. RECITALS
Consideration
1.01. The consideration for this Agreement is the mutual benefit to be obtained by both
Parties and the mutual covenants and agreements of the Parties to each other.
Agreement Voluntary and Clearly Understood
1.02. Each Party to this Agreement acknowledges and declares that he or she, respectively:
(1) Is represented by counsel of his or her own choosing, or having been advised of the
opportunity to seek independent counsel has knowingly and voluntarily chosen not to seek said
counsel.
(2) Is fully and completely informed of the facts relating to the subject matter of this
Agreement and of the rights and liabilities of the Parties.
(3) Enters into this Agreement voluntarily after receiving the advice of counsel, if any.
(4) Has given careful and mature thought to the making of this Agreement.
(5) Has carefully read each provision of this Agreement.
(6) Fully and completely understands each provision of this Agreement, both as to subject
matter and legal effect.
Agreement Prepared Jointly by Both Parties
1.03. This Agreement has been prepared by the joint efforts of the Parties.
Finality of Agreement
1.04. (a) This Agreement shall be submitted to the Court of Common Pleas in which the
complaint of the Part/es for divorce is now pending for its approval. The Parties intend this
Agreement to be incorporated into and merged with the final diw)rce decree, and understand that
the provisions contained in this Agreement concerning spousal support, child support, custody
of children, and visitation are to be subject to the continuing jurisdiction of the Court of Common
Pleas of Cumberland County. The Parties agree that these provisions may be modified at any
time on application of either Party on a showing of changed circumstances, and may be enforced
in the manner ofa divorce decree.
(b) Notwithstanding Paragraph 1.04(a), above, the Parties intend that the provisions governing
the settlement of their property rights contained in this Agreement, as aPProved by the Court, to
be final and nonmodifiable other than by subsequent agreement of the Parties; those provisions
are intended to survive any court order or decree of divorce, and are to be enforceable as the
independent contractual obligations of the Parties after the entry of any such order or decree.
Date of Marriage
1.05. The Parties were married on August 6, 1988, at Cumberland County, Pennsylvania, and
ever since that date have been, and are now, husband and wife.
Children of Parties
1.06. The names, sexes, and dates of birth of the children of this marriage are as follows:
Jasmine C. Gould, female, DOB: 4-2-89 and Ariel K. Gould, female, DOB: 2-10-91. The Parties
have no other issue, living or deceased, and have no adopted children.
Separation of Parties and Divorce Action
1.07. The Parties agree that grounds for their divorce from the bonds of matrimony currently
exist, and they are currently living separate and apart. A complaint for the divorce of the Parties
has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at docket
#03-990 and is now pending.
ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE
Settlement of Property
2.01. It is the purpose and intent of this Agreement to settle forever and completely the interests
and obligations of the Parties in all property that they own separately, and all property that
would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e)
and that is referred to in this Agreement as "marital property," as between themselves, their
heirs, and assigns. The Parties have attempted to divide their marital property in a manner that
conforms to a just and fair standard, with due regard to the rights of each Party. The division is
made in consideration of the following facts and circumstances: The length of the marriage, ages
of the parties, education, earning capacities, child care responsibilities, health and potential
inheritances. The division of existing marital property is not intended by the Parties to constitute
in any way a sale or exchange of assets, and the division is being effected without the
introduction of outside funds or other property not constituting .'~ part of the marital estate.
Support of Spouse
2.02. It is the intent and purpose of Article VII to provide for the continuing support of Wife
after the divorce. This support obligation of Husband is not intended in any way to constitute a
form of exchange for any rights or interest that Wife may already possess in the marital property.
Effective Date
2.03. This agreement shall become effective immediately as of the date of execution.
Agreement Contingent on Divorce
2.04. If the contemplated divorce is not granted within 36 months from the date on which this
Agreement is executed, the Agreement shall be null and void and of no further force and effect.
Effect of Reconciliation
2.05. If after the divorce of the Parties is final, they reconcile and resume cohabitation,
regardless of whether they subsequently remarry each other, this Agreement shall remain in full
force and effect.
ARTICLE III. DISCLOSURES
Warranty of Full Disclosure
3.01. Each Party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
Party further represents that he or she has made a full and fair disclosure to the other of all debts
and obligations of any nature for which he or she is currently liable or may become liable. Each
Party further represents and warrants that he or she has not made any girls or transfers for
inadequate consideration of marital property without the prior consent of the other. No
representation or warranty by either Party in this Agreement or in any writing furnished pursuant
to this Agreement contains any untrue statement of a material fact, or omits any material fact
required to make the statement not misleading.
Financial Affairs
3.02. Each party has provided to the other information to the best of the knowledge and belief of
both Parties, which fairly presents the marital property as of the date of separation (February 1,
2003) disclosing all marital property, and all debts, liabilities, and obligations of the Parties that
are due, contingent, or that may become due, including liabilities for any taxes as of the date of
separation (February 1, 2003).
Continued Validity of Financial Statement
3.03. Between the date on which the parties separated and the date of this Agreement, neither
Party has:
(1) Incurred any obligations or liabilities except current liabilities incurred in the ordinary
course of business.
(2) Mortgaged or encumbered any marital property, tangible or intangible.
(3) Cancelled any debt or claim or sold or transferred any marital property, except sales out
of inventory in the ordinary course of business.
(4) Suffered any damage, destruction, or loss, whether or not covered by insurance,
affecting marital property, business, or prospects, or waived anyi[ointly held right of substantial
value.
(5) Entered into any transaction in any way related to any marital property other than in the
ordinary course of business.
Since the date of separation, there has been no event or change in condition, financial or other-
wise, materially affecting the value of any marital property, other than changes in the ordinary
course of business.
Access to Tax Returns
3.04. Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate state and federal tax retums filed by or on behalf of either or both Parties during
marriage.
Litigation
3.05. There are no actions or proceedings pending against either ])arty or involving any marital
property at law or in equity, or before any federal, state, municipal, or other governmental body.
Neither Party is aware of any facts that might result in any action, suit, or proceeding against
either Party or against any marital property. Neither Party is in default with respect to any order
or decree of any court or of any governmental body, and no marital property is liable for the
payment of any obligation by order or decree of any court or governmental body.
Tax Return Filings
3.06. All federal, state, and local tax returns required to be filed by the Parties have been filed,
and all federal, state, and local taxes required to be paid with respect to the periods covered by
the returns have been paid. Neither Party has been delinquent in the payment of any tax,
assessment, or governmental charge. Neither Party has had any tax deficiency proposed or
assessed against him or her, nor has executed any waiver of the statute of limitations on the
assessment or collection of any tax.
Title to Properties and Assets
3.07. All marital property, without limitation and that subsequently acquired, has good and
marketable title. No marital property is subject to any mortgage, encumbrance, or restriction,
except as disclosed on the Financial Statement as securing specified liabilities.
ARTICLE IV. CONFIRMATION OF SEPARATE PROPERTY
AND SEPARATE DEBTS
Husbandts Separate Property
4.01. The Parties confirm that the following property is, at all times during marriage was, and
shall after divorce remain, the separate property of Husband: All such property including
household goods has been identified by the parties and is to be divided prior to the execution of
this agreement. The Parties further confirm that any income from and increases in value in this
separate property that accrued during marriage were solely due to reasons wholly independent
fi.om any contribution made by Wife, and that this income and appreciation in value is the
separate property of Husband.
Wife's Separate Property
4.02. The Parties confirm that the following property is, at all times during marriage was, and
shall after divorce remain, the separate property of Wife: All suclh property including household
goods has been identified by the parties and is to be divided prior to the execution of this
agreement. The Parties further confirm that any income from and increases in value in this
separate property that accrued during marriage were solely due to reasons wholly independent
from any contribution made by Husband, and that this income and appreciation in value is the
separate property of Wife.
Separate Property of Husband With Marital Interest
4.03. The Parties confirm that the following property is, at all times during marriage was, and
shall after divorce remain, the separate property of Husband: None known.
Separate Property of Wife With Marital Interest
4.04. The Parties confirm that the following property is, at all times during marriage was, and
shall after divorce remain, the separate property of Wife: any inheritances received by Wife
during course of marriage as well as appreciations in value of same.
Release of Interest in Separate Property
4.05. Except as set forth in Paragraphs 4.03 and 4.04, each Party releases forever any claim to or
interest in the separate property of the other as set forth in this Article IV, whether the interest
might arise incident to the marital relationship or otherwise.
Separate Debts of Husband
4.06. The Parties confirm that the following debts and obligations are, at all times during
marriage were, and after divorce shall remain, the separate debts c,f Husband: None
Separate Debts of Wife
4.07. The Parties confirm that the following debts and obligations are, at all times during
marriage were, and after marriage shall remain, the separate debts of Wife: None.
Indemnity for Separate Debts
4.08. Each Party agrees to pay his or her separate debts as set forth in Paragraphs 4.06 and 4.07
of this Agreement. Each agrees to hold the other harmless from any and all liability on account of
these separate debts and obligations. If any claim, action, or proceeding seeking to hold the other
Party liable on account of these debts and obligations is instituted, the responsible Party will at
his or her sole expense defend the other Party, and indemnify the other Party against any loss
that he or she incurs as a result of the claim, action, or proceeding.
Release of Interest in After-Acquired Property
4.09. All property, income, earnings, and assets acquired by either Party subsequent to the
effective date of this Agreement shall be the separate property of the owner Party, and each
Party specifically releases any interest in the separate property of the other.
Exemption From Equitable Distribution
4.10. The Parties acknowiedge that the existence of and value of all separate property and the
existence of and amount of all separate debts as set forth in this Article were not considered in
determining the division of the marital property of the Parties as: set forth in Article V o£this
Agreement or the allocation o£the joint debts of the Parties as set forth in Article VI.
ARTICLE V. DIVISION OF MARITAL PROPERTY
Marital Property
5.01. All marital property of the Parties subject to division in this Article is set forth in this
agreement or has previously or contemporaneously been divided by the parties.
Property to Wife
5.02. Wife shall receive from the marital property, to own and enjoy as her separate property, the
following described properties, rights, and interests: 2000 Ford Expedition, and all retirement
accounts currently in her name including but not limited to Whirlpool - Putnam, MCI- Putnam,
all of the parties stocks, bonds and mutual funds with an approximate value of $6,400.00 all cash
funds in the CMA account, Commerce Bank Checking Account t~0536116569 and Commerce
Bank Savings Account #0626029342
Property to Husband
5.03. Husband shall receive from the marital property, to own and enjoy as his separate property,
the following described properties, fights, and interests: 1997 Pontiac Grand Prix, and all
retirement accounts currently in his name including but not limited to Whirlpool - Putnam, Coca
Cola - Putnam, and Merrill Lynch Retirment Account (872-85334). Husband shall also receive
$10,000.00 of the CMA assets as follows: $7,000.00 with the execution of this agreement and
$3,000.00 upon entry of the Decree in Divorce.
Sale of Property
5.04. The following property shall be sold as soon as possible and the proceeds from the sale,
after payment of all liens, encumbrances, and costs of sale, shall be divided equally between the
Parties: None.
Assumption of Encumbrances and Indemnity
5.05. Each Party assumes all encumbrances and liens on all of the property transferred to him or
her pursuant to this Agreement as specified below. Each Party agrees to indemnify and hold the
other Party harmless from any claim or liability that the other Par~y may incur because of any
encumbrances or liens. If any claim, action, or proceeding seeking to hold the other Party liable
on account of any lien or encumbrance is instituted, the responsible Party will at his or her sole
expense defendthe other Party, and indemnify the other Party against any loss that he or she
incurs as a result &the claim, action, or proceeding.
Property Insurance
5.06. All insurance on property transferred pursuant to this Agreement is assigned to the Party
receiving the property, and payment of the insurance premiums from this date on shall bethe
sole responsibility of the Party to whom the insurance is assigned.
ARTICLE VI. PAYMENT OF DEBTS AND OBLIGATIONS
Joint Debts
6.01. All joint debts and obligations of the Parties subject to division in this Article are set forth
herein.
Debts to Be Paid
6.02. The following unsecured debts shall be paid as follows: Wife to maintain responsibility for
and sole ownership of American Express Charge Account # 372828127144008, Husband to
maintain responsibility for and sole ownership of Chase Mastercard #5491040520008088.
Assumptions by Husband
6.03. Husband agrees to pay and to hold Wife harmless on the following debts and obligations:
Chase Mastercard. If any claim or action is initiated seeking to hold Wife liable for any of these
debts or obligations, Husband will, at his sole expense, defend Wife against the claim or action,
and indemnify her against any loss resulting from the proceeding.
Assumptions by Wife
6.04. Wife agrees to pay and to hold Husband harmless on the following debts and obligations:
American Express Charge. If any claim or action is initiated seeking to hold Husband liable for
these debts or obligations, Wife will, at her sole expense, defend Husband against the claim or
action, and indemnify him against any loss resulting from the proceeding.
Subsequent Debts
6.05. Each Party agrees to pay and to hold the other Party harmless from any and all personal
debts and obligations incurred by him or her from the date of this Agreement. If any claim,
action, or proceeding seeking to hold the other Party liable on account of any future debt or
obligation is instituted, the responsible Party will at his or her sole expense defend the other
Party against it, and indemnify the other Party against any loss that he or she incurs as a result of
the claim, action, or proceeding.
ARTICLE VII. SPOUSAL SUPPORT & LIFE INSURANCE
Purpose and Intent of Article
7.01. Neither party shall pay to the other any spousal support or alimony or alimony pendente lite
Life Insurance
7.02. Husband and Wife shall share in accordance with their relative support obligation the cost
of the monthly premium payments for all life insurance policies in effect at the time of this
agreement and for the benefit of Husband, Wife and their two minor children. Wife agrees to pay
premiums in a timely fashion. There shall be no change of beneficiaries.
ARTICLE VIH. CUSTODY AND VISITATION OF CHILDREN
Custody
8.01. The Parties have given s~rious consideration to the future welfare of their children and
agree, subject to the further order of the Court of Common Pleas, that Husband and Wife Shall
share legal custody and that Wife shall have primary physical custody and control of the minor
children of the marriage.
Visitation
8.02. Husband shall have reasonable rights to visitation, which shall be as follows:
(a) Husband shall be entitled to exercise visitation with the children on alternate weekends
between the hours of 5:00 P.M., Friday evening, and 9:00 P.M., Sunday evening, commencing
on Friday, March 22, 2003. Additionally, Husband shall have visitation every Wednesday from
5:00 P.M., to 9:30 p.m.. Husband shall provide dinner for the children on Wednesday nights.
(b) Husband and Wife shall be entitled to exercise visitation with the children for two weeks
every summer uninterrupted and consecutive or non consecutive. Notice of vacations shall be
given to the other parent at least 30 days in advance.
(c) Husband shall have every Thanksgiving through the following weekend with the children to
be home by 4:00 p.m. on Sunday afternoon.
(d) Wife shall have every Christmas i.e: December 24o' through December 26o' unless otherwise
agreed.
(e) Given the history of alchol abuse, visits with Husband's parents are limited to supervision by
an adult parent or the children's Aunt Shem. These visits will be limited to day visits and it is
further agreed that the grandparents shall not drive with the children.
Expenses
8.03. During all periods of visitation, Husband shall assume all expenses for the children's
support and maintenance. There shaIl be no reduction in the amount of child support payable by
Husband under the provisions of Article IX of this Agreement during these times.
No Waiver
8.04. Should Husband be unable to exercise visitation on any particular occasion, he shall notify
Wife a reasonable amount of time before the time for visitation. Any inability or other failure to
exercise visitation shall not be considered a waiver of any right to visitation as set forth in this
Article. However, should Husband regularly fail to exercise visitation rights during any period,
he shall give reasonable notice before again exercising visitation rights during that period. In
the absence of this notice, Wife shall not be obligated to permit the visitation.
ARTICLE IX. CHILD SUPPORT
Regular Payments
9.01. Husband shall pay to Wife for the support, maintenance, and education of their minor
children, the sum of $1217.81 each month for the children. These payments shall be made in
installments of $608.90 on the lst and 15o' day of every month, commencing on April 1,
2003.. The Parties agree that this amount is reasonable and sufficient for the needs of each of the
children and is based on the financial ability of Husband to pay support. The obligation of
Husband to make these payments shall terminate as to each child '~ho dies, reaches the age of
majority defined as 18 years, is married, or is otherwise emancipated, whichever of these events
occurs first.
Medical and Dental Insurance
9.02. During any period of employment of either Party for which benefits in the form of medical,
dental, or other health insurance are provided, the employed Par~y, or both Parties if both are so
employed, shall maintain the children of the marriage as covered dependents under the insurance
program. Should there be at any time no insurance providing coverage to the children, Ht~sband
shall obtain and maintain in full force and effect a policy o£medical insurance for the children.
During the pendency of the divorce Husband shall continue to provide health insurance coverage
for Wife.
Uninsured Medical and Dental Expenses
9.03. Husband shall pay medical, dental, surgical, and hospital expenses not covered by
insurance over and above an aggregate sum orS 250.00 for all services rendered to each child in
any calendar year. Wife shall be responsible for all other expenses. Wife shall promptly forward
all statements and bills to Husband for payment in accordance with the obligation as defined in
this Paragraph. Payment is to be made by Husband directly to the physician, dentist, surgeon, or
medical facility that has rendered health care to any minor child. Payments under this section
shall terminate as to each child who attains the age of ma. iority defined as 18 years, marries, or is
otherwise emancipated, whichever of these events occurs first.
Private or College Education
9.04. Thc Parties agree that Each parent will provide the equivalent of $3,600.00 or $150.00 per
month per calendar year towards thc children's college fund(s). Wife will continue to be
custodian of said fund and may reduce her contribution on a proportional basis to the extent her
personal income is less than Husband's. If Wife is employed, Husband and Wife shall share
proportionally the cost of books, tuition, and incidental fees for each child to attend a private
elementary or secondary school or a college or university.
Survival of Obligation
9.05. Thc Parties agree that the obligation of both parents under this Article shall survive their
death and shall constitute a charge on his or her estate.
ARTICLE X. TAXES OF HUSBAND AND WIFE
Tax Deficiencies and Refunds for Prior Years
10.01. It is agreed that both parties shall be liable for and shall pay any and all deficiencies in
state and federal income taxes, including penalties and interest, related to the joint income tax
returns of the Parties for all years prior to 2003, and shall be entitled to any refund due the
Parties for those years. The parties shall share jointly any and all costs of defending any action
before the IRS.
ARTICLE XI. FEES AND COSTS
Limitation of Parties' Liabilities
11.02. Except as provided in Paragraph 11.01, neither Party shall be liable to the other for any
costs or fees incurred by either in connection with the negotiation, preparation, and execution of
this Agreement and in connection with any action initiated by eitkter Party for the purpose of
obtaining a decree of divorce of the Parties.
ARTICLE XII. GENERAL PROVISIONS
Release of All Claims
12.01. Except as specifically set forth in this Agreement, each Party to this Agreement releases
the other from all claims, liabilities, debts, obligations, and causes of action that have been
incurred during the marriage between the Parties.
General Duty to Indemnify
12.02. Each Party represents and warrants to the other that he or she has not incurred any debt,
obligation, or other liability, other than those described in this Agreement, on which the other
Party is or may be liable. Each Party covenants that if any claim, action, or proceeding is
initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission
related to the marriage of the Parties for which that Party is responsible under the terms of this
Agreement, the responsible Party will, at his or her sole expense., defend the other against the
claim or action. In addition, each Party covenants that he or she will indemnify and hold
harmless the other Party with respect to all damages resulting fi'om the proceeding.
Damages, as used in this Agreement, shall include any loss, cost, or other liability without
limitation that results from the prosecution of any claim, action, or demand. Damages shall also
include reasonable attomeys' fees and other expenses incurred in the investigation or in the
attempt to avoid the litigation or in enforcing any indemnity. Irt addition, the damages must
result from any inaccurate representation made by or on behalf of either Party to the other in or
pursuant to this Agreement, or from a breach of any of the covenants, promises, or obligations
made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give
the other prompt written notice of any demand, claim, or litigation that is threatened or instituted
against him or her and that might constitute the basis of a claim for indemnity pursuant to the
terms of this Paragraph.
Credit Cards and Accounts
12.03. except as otherwise provided herein, all existing charge accounts and credit cards in the
names of Husband and Wife, or in the name of either of them under which the other may be
extended credit for purchases, shall be closed or surrendered to their issuer as of the effective
date of this Agreement.
Right to Live Separately and Free From Interference
12.04. The Parties shall live separate and apart from each other, and neither Party shall interfere
with the other Party in any respect. Each Party may carry on and engage in any employment or
other activity as he or she may deem desirable for his or her sole use and benefit. Neither Party
shall interfere with the use, ownership, or disposition of any property now owned or
subsequently acquired by the other.
Acts Prior to Entry of Divorce Decree
12.05. Each Party agrees that from the date of execution of this Agreement through the date of
entry of the divorce decree neither will dispose of any marital property other than in the ordinary
course of business, without the written consent of the other. Neither shall enter into any
transaction or perform any act that would constitute a breach of the representations, warranties,
or promises contained in this Agreement. Each Party will afford to the other or their
representative, reasonable access, during normal business hours, to the books and records of all
marital property, and will cooperate in their examination. No examination, however, shall
constitute a waiver or relinquishment by either of the right to rely on the covenants,
representations, and warranties of the other as provided in this Agreement. Each agrees to hold
in confidence all information so obtained, and any document or instrument obtained pursuant to
this Paragraph shall be held on an express trust for and on behalf of the other.
Nature and Survival of Representations and Warranties
12.06. All statements of fact contained in any document delivered by either Party to the other for
information or reliance pursuant to this Agreement shall be considered representations and
warranties under this Agreement. All representations and warranties of the Parties shall survive
the en~t-y of the divorce decree.
Records of Marital Property
12.07. For a period of 3 years years following the date of entry of the divorce decree, the books
of account and records of all marital property pertaining to all periods during marriage and prior
to the date of entry of the divorce decree shall be available for reasonable inspection by either
Party or their representative for use in connection with any lawt~l purpose.
Waiver of Rights to Other Party's Estate
12.08. Each Party waives any and all of the following rights:
(1) To inherit any part of the estate of the other at his or her' death.
(2) To receive property from the estate of the other by bequest or devise, except under a
will or codicil dated subsequent to the effective date of this Agreement.
(3) To act as a personal representative of the estate of the other on intestacy.
(4) To act as an executor under the will of the other, unless nominated by a will or codicil
dated subsequent to the effective date of this Agreement.
Manner of Payments and Notice
12.09. All payments and notices provided for in this Agreement ,':hail be considered properly and
timely made if deposited in the United States mail in an envelope bearing adequate postage and
addressed to the recipient at the address specified in this Agreement, or at any other address that
may be designated in writing, on or before the date provided for in this Agreement.
Execution of Other Documents
12.10. Each of the Parties shall on demand execute and deliver any document and do any act that
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either Party fails on demand to comply with this provision, that Party shall pay to the other all
a~tomeys' fees, costs, and other expenses reasonably incurred as a result of the failure.
No Other Agreements
12.11. This Agreement supersedes any and all other agreements between the Parties, either oral
or written, that relate to the rights and liabilities arising out of the marriage. This Agreement
constitutes the entire agreement of the Parties.
Partial Invalidity
12.12. If any provision of this Agreement is held by a court of competent jur/sdiction to be
invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect
without being impaired or invalidated.
Waiver of Breach
12.13. The waiver by one Party of any breach of this Agreement by the other Party shall not be
deemed a ~v~ivcr of any other provision of this Agreement or of any subsequent breach of the
same prows~on.
Amendment or Modification
12.14. This Agreement may be amended or modified only by a written instrument signed by both
Parties, except for the provisions governing child support and child-custody and visitation rights,
which may be amended or modified by court order on application o£one of the Parties if the
court deems amendment or modification to be in the best interests of the child.
Successors and Assigns
12.15. This Agreement, except as it otherwise expressly provides, shall be binding on and shall
inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and
successors in interest of the Parties.
Specific Performance
12.16. This Agreement may be enforced by an action for specific performance.
Law Governing Agreement
I2.17. This Agreement shall be governed by, and shall be construed in accordance with, the laws
of the Commonwealth of Pennsylvania.
In witness of this Agreement, the Parties set their hands and affix their seals on the date and year
written above, with the intent to be legally bound.
/~'7 [SEAL ]
~i'eefi W. Godld ' - ~ [SEAL]
Commonwealth of Pennsylvania
County of Cumberland
Acknowledgment
~ ,/iaCilUrrbi lsi~,i on Eii~ .ies
I certify that on March 5,k 2003, before me, the undersigned, personally appeared Armeen W.
Gould and Monica A. Gould, known to me or satisfactorily proven to be the persons whose
names are subscribed to the above instrument, and acknowledged that they executed the
instrument for t~e--pm~oses expressed in the instrument.
In witness tg~'hich I set"~qy hahd~nd official seal·
Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD :
Plaintiff, :
ARMEEN W. GOULD :
Defendant :
No. oq-ooo Civil T~rm
Civil Action - Divorce
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed
2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) 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. §4904 relating to unsworn falsification to
authorities.
Date:
'l t/
- GOULD, Plaintiff
Law Offices of Lee E. Oesterlmg, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD :
Plaintiff, :
: No. 03-o0n Civil T~rm
V.
ARMEEN W. GOULD
Defendant
Civil Action - Divorce
AFFIDAVIT OF CONSENT
on
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed
MARCI4 ~. 913(}'4
2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) 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. {}4904 relating to unswom falsification to
authorities.
Date:
~VlEEN W. GOU'~, efendant
Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD
Plaintiff,
No. 0%990 (2iv/1 Term
Civil Action - Divorce
.MIMEEN W. GOULD :
Defendant :
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry ora 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 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 tree 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
authorities.
Date:
Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD
Plaintiff,
No. 03-OO0 Civil Term
Civil Action - Di'~orce
ARMEEN W. GOULD
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST 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. Section 4904 relating to unswom falsification to
authorities.
Date:
MONICA A. GOULD, Plaintiff
Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717) 790-5400
IN TIlE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT,
CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. GOULD :
Plaintiff, :
No. 03-900 Civil Term
Civil Action - Divorce
ARMEEN W. GOULD
Defendant
pRAECIPE TO TRAN,~MIT T~I~, RqF, CC)RI)
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 (x) 3301(c) ( ) 3301(d)(1) of the
Divorce Code. (Check applicable section).
2. Date and manner of service of the complaint: Service on March 5, 2003 via Acceptance of
Service signed by defendant
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: by
plaintiff,brae 0:2003 by defendant ,lnne Or 2003.
CO) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the Divorce Code:
N/A; (2) date of service of the Plaintiffs affidavit upon the Defendant: N/A.
4. Complete the appropriate paragraph(s).
(a) Related claims pending: None
(b) Claims withdrawn: None
(c) Claims settled by agreement of the parties: There are no outstanding claims, all claims settled
by agreement of the parties.
(d) State whether any agreement is to be incorporated into the Decree. Marital Settlement
Agreement to be incorporated and is attached hereto. If so, attach a true and correct copy of the fully
executed agreement:
(e) Has a request for counseling been made by either party?: No. If so, has the counseling been
completed?: N/A.
5. I certify that the notice required by Rule 1920.42(e) was mailed on: Waived by both parties
by Wavier of Notice executed on June 9, 2003 and a copy thereof is attached.
LEE E. OESTERLING, LLC
omey I.D. #71320
omey for Plaintiff
East Main Street
chanicsburg, PA 17055
7) 790-5400
IN THE COURT Of COMIVION PLEAS
OF CUMBERLAND COUNTY
STATE Of PENNA.
MONICA A. GOULD
plmintiff
VERSUS
ARMEEM W_ C~T/LD
Defendant
NO. 02;-990 Civil Term
DECREE 1N
DIVORCE
AND NOW,
, ~L~ IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
DECREED that MONICA A. GOULD
ARMEEN W. GOULD
AND
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;
MARITAL SETTLEMENT AGREEMENT DATED MARCH 5, 2003 TO BE
I 2ORPORATED INTO DIVORCE DECREE
THE
PROTHONOTARY