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HomeMy WebLinkAbout98-06728 ~ ~ I~ . I~ I\... 'V Ii> ~ o ~ ~ J; i i ()OI <OJ t-J ..5' . CfJ ' 0"', ~ ~l ~ .' - .:+> -,+';. ;+;. .;+; .... .: .. .: :r ~: ~ -~ ;.. :.. ~ :.: I!! ~ ~ w ~ ,.: :.: :.::.;:. :.;, :.: .~.> -:+;. <+;. -:.:' -:.:- -:.:. -:+:.- ";4 ',.""..... ".. I: I" COMMON PLEAS I~ I~ )~ ~ ... ~ '.' ~ ~ '.' ~ '.' I~ '.' r '.' ~ ... I~ ... ~ I.. ~ I~ ~ ~ I~ '\ I':' , i~ $ i ~ * ~ $ ~ ~ r~ r...',:., ~".'" !li~ 'j~~l i f' l: ~ I.:, I~ i,:, I~ i~ I~ I':' J !~ . I' :~ . . " i: I. .' , " '~ .:+;. -:.;. -:t-;' .:.,;. .:+;. .:+;. .:..;. <~;. .:+:. .:+:. IN THE COURT OF to ~ ~ ~ 1':--- .... """ -~:. .:.0:- .:.-;. .:.:. .:.:. .:.: OF CUMBEF~LAND COUNTY ~ ~ ~ ~ j; ~ t'o\ ~~~ ;l,:(")'i~ )1", PENNA. .' ""l.~.:'~ .~,,- l.........,.......-. . ~..,l AT!;: OF ~ 1I^IUlY D, GlJSI,lm ~ :~ ~, :~ Plaintiff \.il 98-6728Civil Terml') \. , IlU'rH I~. GUm,p'/l Dcfcndant ~. ~, ~ DECREE IN DIVORCE ~i ~ "" ~~ " .J "I :1 ~I "'1 " ~ AND NOW,^PRIL ,.," 19, .99 it is ordered and decreed Ihal and II^RRY D. GUSLER RUTH E. GUSLER '. plaintiff, defendant, ore divorced from the bonds of matrimony. ~ ~ The court retains jurisdiction of the following claims which hove * been raised of record in this action lor which 0 final order has not yet * been entered; ~ ':'/ ~ ~ . NO.NE.:-. .Marit.al. settlement. agreement. .Clf. pa~t:i~~., .d!'l.t;e9... .. . ... . Ja.nu,""ry. .4. . ;I..~~9,. .incorporated. into t.h~s. d.ecr~~... . . . . . . . . . . . . . . . . . j; i n~~'1 . c/!};i Au,.,t: a4-~ ~ X>7 k/k",~t'" ~-M4. /:-'. ..k;/t? AJil t/ . P Prothonotary ~ ~ ... y. //- f'f' ftV ///t:/ /l . "" j 7'? 7' /,"r'-?i~-< {~7 /1(.(_ i~ J ,i If . 1 ,/~/ ,/((.r,f.~~' -;-j .' ~~ /,' . / ,) (_~t('"Jt-'L , HAROLO S. IRWIN, III, eSQUIRe ATTORNII!Y 10 NO. 29920 35 eAST HIOH STReeT CARLIS~e PA 17013 (717)243-6090 ATTORNII!Y FOR PLAINTIFF HARRY D. GUSLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 98 . 6728 CIVIL TERM RUTH E. GUSLER, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about December 21,1998 defendant was served with a copy of the divorce complaint. See Acceptance of Service filed by defendant's attorney of record, Andrea C. Jacobsen, Esquire. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301 of the Divorce Code: By the plaintiff: 4- / 7 , 1999 By the defendant: '3 / '2 I , 1999 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: NIA ; and (2) Date of filing and service of the plaintiffs affidavit upon the defendant: NIA 4. Related claims pending: Attached Marital Settlement Agreement to be incorporated into divorce decree. 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record. a copy of which is attached: NIA (b) Date plaintiffs Waiver of Notice in Section 3301 Divorce was filed with the Prothonotary: -1 / 7 , 1999 Date defendant.s Waiver of Notice in Section 3301 Divorce was filed with the Prothonotary: 1 /7 . 1999 , April~, 1999 n ~ n :,::: 'D '" on. .;J "1]:: '; --n ~ P};... :"-J llr~ :(-;; I f!ITl ...., -: ::0 (- ~ :8, -'. ~:; '-. .,., .l'j:!J " C. ::;;: ..(") '. i:-? "":-rn >(~ ~.4 " J,) ;;~. ::=1 -l"J --< '" ~ 1 MARRIAGE SETTLEMENT AGREEMENT )., ") i j i (J THIS AGREEMENT made this ~_ day of December-,1ggg'by and between HARRY D. GUSLER, hereinafter referred to as "HUSBAND") and RUTH E. GUSLER (hereinafter referred to as 'WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 20, 1982; and WHEREAS, diverse, unhappy differences, 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 equitable 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. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. , ) , . ~. f 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. ~ 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other, The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against all of his individual debts. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against all of her individual debts. C. The parties agree that they have no joint debts. 6. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAl. ESTATE: WIFE hereby releases to HUSBAND any interest she may have in the marital residence at 336 North 21" Street, Camp Hill, Cumberland County, Pennsylvania 17011. In consideration for WIFE's release herein, it is understood and agreed by the parties that HUSBAND is about to sell this property and upon settlement thereon HUSBAND agrees to pay to WIFE the sum of $6,000.00 in full satisfaction of their mutual claims for equitable distribution. B. PERSONAL PROPERTY: 1,) Motor Vehicles - The parties hereby releases to each other their respective, individually owned motor vehicles; 2,) Bank Accounts . Each party shall retain their respective checking and savings account free of any claim by the other party and WIFE hereby releases to HUSBAND the proceeds of their joint statement savings account (Harris Savings Bank - Account No. 1000118513); 3.) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, savings and/or retirement plans' proceeds free of any claim by the other party; 4,) Other personal property. The parties agree that they have divided all of their remaining personal property, including, but not limited to furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as now divided. 7. INCOME lAX RETURNS: Income tax returns for 1998 shall be filed jointly and any refund or any tax payment obligation will be divided equally. All future tax returns shall be filed individually and each party will retain any refund due to them as well as any tax payment liability. 8. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 9, DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that upon the expiration of ninety days from the date of service of the divorce complaint, the parties will execute and file the consents and waivers necessary to obtain the divorce, In the event that either party at any time hereafter obtains a divorce, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference, The court, on entry of judgment for divorce, shall retain the right to enforce the provisions and the terms hereof. 10. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 11, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 12. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood, Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND's legal counsel is Harold S. Irwin, III. WIFE's legal counsel is Andrea C, Jacobsen, Esquire. 13. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. fRlQB AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 16. WAIVER Q.E CLAIMS AGAINST II::lE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property 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, 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 instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. 1/0:v (SEAL) (JgAuv(c, 40 CL "rQ /;;J;2 ,,(]; Q \. uti, t:. ,_ . RUTH E. GUSLER! ) / ./ (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary pUblic for Cumberland ~ ~f rf.:1,t",u/;'7 County, Pennsylvania, this -:." day of =<TJtjer, 19~, HARRY D. GUSLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement. and acknowledge that he executed the same for the purposes therein contained. IN :~::~s WHEREOF, 1 h", hi"m'Ji' my h,": '"' offi,'" ",,. HamldS I"',n IIi. N"',"yP'bi,C ~vPl CarlIsle Dora. CWTloo?rliVl{J Couflry {; My Commission E~;11'~:: s,,;)! 2:1, ':>002 Nota Public Member, PennsylVJnI.] k,SOC'illicfl ct Nor,:H,OS ry COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland :L-1V\v:,,~'1 1<",,',(/ County, Pennsylvania, this 'if1'1 day of Dcocmeer, 1998, RUTH E. GUSLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. CiO(\~~ Notary Public'_ NOTARIAl. SEAl. ANrlRl!A C. JACOBSEN. NOTARY PUBUC CAIlUIILI! BORa, CIlU8EIuANo co., PA MY COIIMIIIION EXPIRES JULY 27._ .(" HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 I!AST HIOH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF HARRY D. GUSLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 98 .~ur... CIVIL TERM RUTH E. GUSLER, Defendant : IN DIVORCE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717.249.6200 \ ,. HARRY D. GUSLER, PlalntlH --. ..--"'-"---. -_.,_._."--_.-..-._~.,---_._,_.-.,_., --. .-'--'.'.-.---- I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. I CIVIL ACTION. LAW : NO. 98 . /. '7.;.1,f>' CIVIL TERM RUTH E. GUSLER, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 C!U ~ THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Harry D. Gusler, an adult individual residing at 336 North 21" Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2, The defendant is Ruth E. Gusler, an adult individual residing at 32'd Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on February 20, 1982, in Camp Hill, Pennsylvania. . .~ HARRY D. GUSLER, Plaintiff : IN THE COURT OF COMMON PleAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 98 . CIVIL TERM RUTH E. GUSLER, Defendant : IN DIVORCE The plaintiff, being duly sworn according to law, deposes and says: PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the j Prothonotary's Office, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. i- f i , h I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. t,' \ November 27, 1998 V HARRY 1;1' GUSLER, Plaintiff t:~ ~ HARRY D. GUSLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 98 . 6728 CIVIL TERM RUTH E. GUSLER, Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about November 30, 1998 and served upon the defendant on or about December 21, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C, S. Section 4904 relating to unsworn falsification to authorities, April --1--, 1999 .. 1 . :.' (') .0 n c u:J " . 7- --S~ [I: 1 ':} :.;;n r.." ::~ ;-: . - ~i:' I -,In ....J ::;J ~'t:I '.:;~~) -,. ~- :~: ,.';::j ';"\ .; l~) ~~~ ~ ;!.Jrn :.oJ ~: ~ ~1 -< r" -. C) ,p ,-") C. ill "ll - ,. , L,i-; '0 1::D r1t; i ::,J ," ?: ",t"n -71- " I l::' Si.'. -J : G.' ~->: ' ..,., " ,. " "" ;~':C' :2.: >:~~ : ,c., ~? ,.J ;- G; -'. -~ ~ :.l :q '" - (717) :l4~6427 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, !J8-G728 CIVIl. TERM HARRY D. GUSLER, Plaintiff RUTH E. Gt.:SLlm, Defendant IN DIVORCE 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 linal 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 ane! 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 tillS 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: '3' ;)} ~ q 9 'i2: ~ ,Q.;.d 1 "- ~:rj c. "."J A..J - RUTH E, USLER ',' -~.; ,. ":.0"''';'.0\- !.IARRY D. GUSL!m, Plui ntifT 1:\ TIll-: COURT OF COMMON PLEAS OF Cl.:MBI-:RLAND COUN1'Y,I'I';N!l:SYLVANIA v. CIVIL ACTION - LAW NO. 98-6728 CIVIL TlmM RUTH E. GUSLER, Defendant 1:\ DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appeurance us counsel for Defendant, RUTH E. GUSLER, in the above captioned cuse. ,.--, C~L-CS:" Andrea C. Jaco ell, Esq, JACOBSEN &;\1ILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No.20952 !,' ~ ,;