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HomeMy WebLinkAbout99-02447 ,.JJ, :,JIJ ....Q (!J' " c I'e' " "I/)" :'.;0 '~' .. ;. ' . :j", , :~', " ' f:--.,." ' ' / /' . c.. ." ~. l!! j. , s= f I .:+:,- .:+:. <+:. .:+:. .:+:.' .:.:- .:+:.".:+:. '.:<<.' .:+:. .:+:. .:+:. .:+:. -:+:- .:+:. .:+:- .:+:. .:+:- .:+:. ':.:":<:-:.:':X.X;":.>~;.::.}::.:.>:,.::.:.".:.:.-:.:+'y';.::.x~~ '. "-............ ~ ~ ~ :.~ r. ~ ~ ,-: IN THE COURT OF COMMON PLEAS ~ * ~ ~' ~ ~ OF CUMBERLAND COUNTY ~ ~ ^ ~: ~ ~ ~ ~ ~.~ ~ STATE OF PENNA. ......~..., , ~ ~ ~.~ t ~'; ~ ~.~ ~'. ~ r~ t ~.: ~ ('; ~ ~.~ ~ ~.~ ~ ~ :': ri: f.' ~ ~.' ~ ~ ~ .'~ 8 ..' ~ ? ~ ~.' , ~ ~.' 'HHM,~LI13l>AH~. GOSS.., 'H. Huu UU H.. UHHq 1/ No. H!J.9.::.?1.1.? ,c.,J:!J:'~'H' 19 t '.' ~ ;.~ Plaintiff ii ."........... !i I !I Ii ji ,[ i ~.~ VerslIs JEFFREY A. GOSS. ~ ~.~ *- ... ;J: t ~." ~ ~.~ Defendant DECREE IN DIVORCE c:-:t'i-,'o r 14...., AND NOW, . . . . . ~. .q. ! . . . . . " 19 ~.!:! . . " it is ordered and decreed that .~,:,~.i.~~~. !','.. ~?s.~.. . ... . . " . .... . .. . . .. .. . . .... and . .~r:'~~.~e~. ~...~?s.~....... .... ..... . .. ......... ........., are divorced from the bonds of matrimony. plaintiff, defendant, The court retains jurisdiction of the following claims which have been raised of record in this aclion for which a final order has not yet been entered; The Marital Settlement Agreement dated December 23, 1999 is ........ ...... ........ .... ................ ................................. hereby incorporated into this Decree in Divorce. ............... '" ......." .......,......., ............................... ~ ~ ~ ~ ~ ----- ?...:- .z. ..)f:. .>>:. ~;. ;,0 F ad. :2~'"".""",." AlIe.t: -:.;. .:+;. .:.:- .:+;. ~ I~ 1". I~ '.:.;."',:+:. '.:.:- ~$;- '.:.;. .:+;. .:+;. .:.;. .:+;. .:.:: " ~ ,', ;" ~ ,', ~ i ~.~ ,', ~ ~ ~.; ~ ~.~ ;" ~ ~ ~~ :-. ~~ ~ i ~~ .. ~ ~.~ ,', ~ $ .... ~ ,', ~ a ~.~ ~ !; ~ ,', ... ,. ~ ... ~ / ~ '.~ ~ ': ~ .', * i '.' J. ~ $ MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made thiS~ day of 1)r,L-t~~f~ , 1999, by and between MELISSA A. GOSS, hereinafter called "Wife" and JEFFREY A GOSS, hereinafter called "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife who were married on December 14, 1996, and separated in February, 1999; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights; and WHEREAS, the Husband and Wife are represented by separate legal counsel who have advised him and her of their respective rights, privileges, duties and obligations relative to their property rights and interests arising from their marital relationship; and WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine her and his property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, the parties hereto, being legally bound hereby, do covenant and agree as follows: 1. The Wife has filed a No-Fault divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania to rb 7JfrfJ No. 99-2447 which was served on the Husband on April 30, 1999. Contemporaneously with the execution of this Agreement both parties agree to sign and deliver to the Wife's attorney the required Consents and Waivers of Notice and any other documents necessary to enable a Divorce Decree to be entered. The Husband shall be provided a certified copy of the Decree. Neither party shall do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Decree in breach of this Agreement, or the other party may, at his or her option, declare this Agreement null and void. 2. Pending the entry of a Divorce Decree, the parties shall live separate and apart from each other at such places as he and she may chose. Each party shall respect and act consistent with the other party's right to maintain a separate existence as though he and she were unmarried. 3. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other co- habitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect -2- N\0 JPrCr ,'; ;\: ~ )' ..1, " .' ~~ .-,'; ":',1 L r~: in the abs~nce of a written Agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 4. The parties hereto have divided between them, to their satisfaction, all items of tangible marital personal property, including automobiles, household furniture and furnishings, tools, equipment and other similar property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of the other party. All tangible personal property at the marital residence at 5018 Erbs Bridge Road, Mechanicsburg, PA 17055 shall be deemed the sole property of Husband. Provided, however, that should Husband locate any non-marital property of the Wife in the future which she neglected to remove, he shall notify her and make it available for her to pick up. The Wife shall be the owner of the 1997 Saturn automobile. Within thirty (30) days of the date of this Agreement Husband will transfer his ownership interest to Wife. Wife will pay the costs of transfer. The Wife shall be solely responsible for payment of the remaining balance due and owing on her car loan to Members 1st. Wife is currently in the process of attempting to refinance this loan to remove the Husband as a liable party and will complete that process as soon as approved by Members 1st or another lender. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. -3- ~~~ 5. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of the Husband and shall be his sole and separate property and that in the possession of or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim ownership of or any beneficial interest in any such accounts or life insurance policies of the other, vested or contingent, each party to retain full ownership of such rights as his and her sole and separate property. 6. The parties are the owners, as tenants by the entireties, of the premises known as 5018 Erbs Bridge Road, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania, of which the Husband is now in exclusive possession. Contemporaneously with the execution of this Agreement the Wife shall grant and convey to the Husband sole ownership subject to the existing Note and Mortgage of the parties to Barnett Mortgage Company dated December 20, 1996, in the original principal sum of $87,400, said mortgage being recorded in Cumberland County Mortgage Book 1359, Page 65, and assigned Janua,ry 9, 1998 to Homeside Lending, Inc., which -4- ~~~ Assignment is recorded in Cumberland County Miscellaneous Book 566, Page 597. The Husband warrants and represents that all obligations under the Note and Mortgage are current, and all other obligations due and owing relative to the property have been paid to the date of this transaction. The Husband shall be solely responsible for paying the remaining balance due and owing on the Note and Mortgage and maintain all other obligations relative to the property. Further, Husband shall indemnify and save and hold Wife harmless from any further liability in regard to the premises in accordance with the provisions of Paragraph 8 hereof. Provided further that Husband agrees to promptly apply for a mortgage to refinance the remaining balance owed to Homeside Lending, Inc. upon notification and confirmation from the Wife that the Saturn loan, upon which the Husband is an obligated party, has been paid in full, and, upon approval of such application shall complete refinancing and satisfy the current Note and Mortgage. Should Husband be unable to refinance a sufficient amount to satisfy the existing Note and Mortgage, despite his reasonable best efforts and reasonable compliance with all requirements of the mortgage lender, the Husband shall have an obligation to deliver to the Wife a copy of the disapproval. The Husband further agrees that he will reapply for financing every two years thereafter until refinancing is -5- 0A& ~ approved, and, upon such refinancing to complete settlement and satisfy the existing Note and Mortgage. 7. Both parties covenant and agree that except as herein otherwise expressly provided in regard to the Wife's car loan to Members 1st Federal Credit Union, which she has agreed to assume in its entirety and the Note and Mortgage to Barnett Mortgage Company (assigned to Homeside Lending, Inc.), which the Husband has agreed to assume in its entirety, the only other joint obligation of the parties existing at the time of separation is a VISA charge card with a current balance due of approximately $6,000. Husband agrees to be solely r~sponsible for payment of the entire remaining balance of the obligation. Husband further warrants and represents that this credit card account has been closed to further usage. Husband shall make a reasonable attempt to transfer the joint VISA account balance to a new or existing credit card solely in his name. If his initial attempt is unsuccessful, at least yearly, he shall make a renewed 'attempt. Alternatively, Husband may choose to include the joint VISA account balance in the refinancing of the marital home. Both parties covenant and agree that except for the foregoing obligations, all other obligations existing at the time of separation were created in individual names and neither party is liable for such obligations of the other party by virtue of any contractual document. Further, each party represents that except for the aforesaid car loan, Note and Mortgage, and VISA -6- \JPr6-~ bill, she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and save and hold harmless the other from and against all such debt, liabilities or obligations of every kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees tQ indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred. 9. The parties agree that the transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. -7- "JA(r ~ The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfer set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said "Act". 10. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claim~ pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as may otherwise be provided pursuant to the provisions of this Agreement. 11. Husband does hereby release, remise, quitclaim and forever discharge the wife and the estate of the wife from any and all claims he now has, ever may have or can at anytime have against the wife or her estate of any part thereof, whether arising out of formal contracts, engagements or liabilities of the wife, arising by way of widower's right or under the Intestate Law, arising by any right to take against the wife's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by -8- :JA6-~ any nature whatsoever, excepting only those rights accorded to the husband under this Agreement. 12. Wife does hereby release, remise, quitclaim and forever discharge the husband and the estate of the husband from any and all claims she now has, ever may have or can at anytime have against the husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the husband, arising by way of the widow's right or under the Intestate Law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the wife under this Agreement. 13. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 14. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations -9- ~~ >- "" '>- ~.~ l;n; I j..,;~ 1'.1 C , (0 c. .. , ~:. - ': I.,~' . - , C" iu, /~ ~-.... I::: , "J , il_ , (, I . ~... '..1_ C.'; , c;'') ) CI l)'\ C) MELISSA A. GOSS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 7: ~ 'D /i , .' r: '. .$ 1 ,\ :~ f:' f; ", v. NO. 99 - 2447 CIVIL TERM JEFFREY A. GOSS , DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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 April 30, 1999 by U.S. Mail, Restricted Delivery. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, December 23, 1999; By Defendant, December 23, 1999. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on December 27, 1999. Date Defendant's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on December 27, 1999. ~(O.~ Thomas D. Gould, Esquire Attorney For Plaintiff .... c.',J ".>. f]: ,-- ~~~ (..; ur>> (): t"::. '.:.:; (("i. r-.. ell C'....! ~J c- , , I L,_ I 1-" C , (', ':) c C.', lAW OFFICE OF THOMAS D. GOULD ATTORNEYS AT lAW 2 EAST MAIN STREET' SHIREMANSIOWN. PA 17011 717.731-1461 v ,-~.,.~,- ~~ .. I - ~.- MELISSA A. GOSS, PLAINTIFF IN THB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99 -~41./7 CIVIL TERM r I JEFFREY A. GOSS, DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LMIYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 '031'-J06 ldt.30U UlnlllU nUll" 10' noA tfUIlU. H jn j h i-,~ f~ ~ lit ~ 11(00 .H "il:)- ~ ~S!'"' E lJ, ~ 'ipoi~ ~ j ~:d,"N8!~! ~jl' i q~ ~~ j j,~ ~ ~ ~~h:t 1I0018"i.; UH ~~ j i ~~ ~ (' 2 t ~ ~ " ...... ; ~ ~, ,~ ~ i'~ d f j~~ ~ ~ ~ ~ 6" U . '" :iI; H~ ~E " ~ .,.. -A i;~ ~ ~ ~ J\. I:) g .~~ " h ~... l; ..m 1 ~~ ~ ~ .I" .; ~Ha~il'~~~ ~ ~ ~ ~ i5!l,m~ hlii" r7 v,~", ' J) . .. . . . I"l ... co lOPl' OIJI^,U ~1 uo P11'jdW03 55:J1~aaV Nttn~3t1 .InoA II ~ : : , . L: .. ~~";: , i~ '. - ':l :-- (-J - .,'- ; ~'. (:, ..:-';') '.' , .J ~ :! ~ ~ ~ l a: E ~ >- "I c:~ lJ-; .< I... CO 1-..... [,/..! Co':: '-- '. C-, , -. , ~~~ "- J C' i .:, l..t. . l , ". " c. .::i , (j') (j "" (.) MELISSA A. GOSS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99 - 2447 CIVIL TERM JEFFREY A. GOSS, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made i.n this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: /.J. - ;13 - q 0/ ~ C~ ~-;)J.qq l~lA. GOSS ~Zf9(f,