Loading...
HomeMy WebLinkAbout01-4656COMMONWEALTH OF PENNSYLVANIA FOR THE USE OF CUMBERLAND COUNTY, PENNSYLVANIA, AND ITS ASSIGNS, Plaintiff GEORGE METZER TURNER Defendants IN THE COURT OF COMMON PLEAS PENNSYLVANIA NO. ~- CIVIL TERM CIVIL A~TION - LAW CONFESSION OF JUDGMENT Dear Sir: Pursuant to the authority contained in the attached Certification of Bail and Justification of Surety other than Cash Bail, please enter judgment in favor of the Plaintiff, the Commonwealth of Pennsylvania, for the use of Cumberland County, Pennsylvania, and its assigns, and against the above named defendants in the stun of $ 50,000 , together with costs. The lien, operation and effect of the within judgment shall be limited to the efendant s real property descrthed in the attached Certification of Bail and Justification of Surety Other Than the Cash Bail. TO: Curtis R. Long, Prothonotary DATE: August 3, 2001 Charles R Gerow, A~or:n~y-for Defendants and Solicitor for the Clerk of Court of Cumberland County, Pennsylvania The present addresses of the parties are certified to be as follows: Creditor Debtor c/o Clerk of Court Cumberland County Courthouse Carlisle, PA 17013 Date: August 3, 2001 Geor§e Metzer Turner 2200 Harvard Avenue Camp Hill, PA 17011 C e o Court epub 1-1574 Cg BAIL BOND IOTN: H 311669-1 Date Charge(s): 7/16/01 CC No.: 01-1574 Commonwealth vs. (Defendant Name and Address) NEXT COURT ACTION (Date/Time/Location) Turner, George Metzer September 25, 2001 J 2200 Harvard Avenue 1:30pm I Camp Hill, PA 17011 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 CHARGE(S): 1: Simple Assault 2: Stalking/intent to Place in Fear ADDITIONAL CHARGES MAY EXIST. PLEASE SEE ADDITIONAL CHARGES PAGE. TYPE(S) OF RELEASE: ROR Unsecured Bail Nonmonetary Conditions(s) (see additional page(s) Nom na Ba I X Moneta~ Condition(s) in the amount of $50,000. THE CONDITIONS OF THIS BAIL BOND ARE AS FOLLOWS: 1. The defendant must appear at all times required until full and final disposition of the case. 2. The defendant must obey all further orders of the bail authority. 3. The defendant must give written notice to the bail authority, the clerk of courts, the distdct attorney, and the court bail agency or other designated court bail officer, of any change of address within 48 hours of the date of change. 4. The defendant must neither de, nor cause to be done, not permit to be done on his/her behalf, any act as proscribed by Section 4952 of the Crimes Code (relating to intimidation of witnesses or victims) or by Section 4953 (re at n~g~to retaliation against witnesses or victims), 18 Pa.C.S. §~,4952,4953. !' 5. The defendant must refrain from criminal activity. : ? TYPES OF SECURITY: Cash/Equivalent Gov't Bearer Bonds % Cash Surety Bond TOTAL AMOUNT BAiL SET (IF ANY): $50,000 X Realty w/in Commonweal{h Realty outside Con~monwealth (see sureties page) I AGREE THAT I WILL APPEAR AT ALL SUBSEQUENT PROCEEDINGS:~S R~'~UIRED AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BOND. This Bond signed on August 3, 2001 at Carlisle, Pennsylvania Signed and acknowledged before me this 3~ day of August, 2001 ¥.~e~k of Court or Issuing ~uthorlty) (Sig~u~of Defendant) APPEARANCE OR BAIL BOND This bond is valid for the entire proceedings and until full and final disposition of the case including all avenues of direct appeal to the Supreme Court of Pennsylvania JUDGE OR ISSUING AUTHORITY/DATE The Honorable Robert Manlove - July 18, 2001 PLEASE SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION AFFIDAVIT OF SURETY (OTHER THAN CASH BAIL) Case Name: ID°cket Number: Commonwealth vs. George Metzer Turner 01-1574 Criminal Term Questions I - 3 are to be answered by all sureties. The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed) deposes and says: 1. I reside at: 2200 Harvard Avenue, Camp Hill, PA 17011. My phone number is: 717-763-7148. My occupation is: Maintenance, and I work for: Overnight Transporation. 2. I have no undisposed of criminal cases against me pending in the Court of Common Pleas, Cumberland County, except as follows: NIA. 3. I am not Surety on any bond of any kind except as follows: Date: N/A Amount: NIA D nd : NIA~ Questions 4 - 9 are to be answered only if real estate is posted as security. 4. (larn/VVe are) the sole owner of real estate s~tuated: n the State of Pennsylvan a, n the said County of Cumberland, as follows, viz: a parce~r~cgro~, in ~;~e~ .42 acre, stuated at 2200 Harvard Avenue, n the 01 Ward, in the Borough of Camp Hill, ~f~ is '.l~p, ro ~_v~.~ith the following buildings: Residential with buildings (All other joint tenants or tenants by th~ntir~y m~t co-sign this affidavit and state their addresses at the bottom of this page or on an attachment herete~ r,~ -< 5. The said property was obtained by me by: Deed from: Clair Turner Estate. 6. The Deed is dated: $/1211987, and is recorded in the office of the Recorder of Deeds of the County of Cumberland, in the State of Pennsylvania, Deed Book Vol. 32, Page 1025, and the title is in George Metzer Turner. Also a parcel of ground, in size: .42 acre, situated at 2200 Harvard Avenue, in the 01 Ward, in the Borough of Camp Hill, State of Pennsylvania. The said property was obtained by me by Deed Eom Clair Turner Estate. The Deed is dated 611211987, and is recorded in the Deed Book Vo. 32~.~ Page~.~1025 of Cumberland County, State of Pennsylvania, and is in George Metzer Turner. 7. There are no mortgages, or other liens or encumbrances of any kind or description, upo~ the said premises, and there are no judgments against me except as follows: Mortgages as set forth in the Recorder of Deeds on first property: N/A Mortgages as set forth in the Recorder of Deeds on second property: NIA · Judgments and Liens: NIA : : · Real estate taxes have been paid except: 3,906.00 8. The assessed valuation of said premises is: 143,200.00 .--:: 9. No judgment has been entered or action instituted against me upon a forfeited recognizance except: NIA I (We) agree to pay the fees and costs of the Prothonotary of the Common Pleas Court or the Court of general jurisdiction wherein the real estate or property posted as security is located for recording the lien, notifying the Clerk of Courts of the entry of the lien, and for recording of the satisfaction after proceedings have been terminated or surety is otherwise exonerated by the court. To be signed by all Sureties: I have read carefully throat and know that it is true and correct. Sworn (affirmed) and subscribed before me this ~ ~)-.~....~ / ~ SEAL SEAL ~/ r~ ~-~ ~/~ (Co.surety, if any, Co-joint tenant or Co-tenant by the entirety) /?t.~ SEAL {~ (Clerk of Court or Issuing-Auth~rity) AOPC 414C-96 SHERI GOSSARD, : Plaintiff : VS. : LARRY GOSSARD, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 4656 CIVIL IN DIVORCE RDER F C RT AND NOW, this day of , 2001, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on August 29, 2001, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. CC: Jane E. Adams Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant BY THE COURT, SHERI GOSSARD, : Plaintiff : Vs. LARRY GOSSARD, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 4656 CIVIL IN DIVORCE 2001. This the parties. THE MASTER: is the date set Today is Wednesday, August 29, for a conference with counsel and In the hearing room are the Plaintiff, Sheri Gossard, and her counsel Jane E. Adams, and the Defendant, Larry Gossard, and his counsel Marcus A. McKnight, III. This action was commenced by the filing of a divorce complaint on June 29, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On February 22, 2001, the Defendant filed a petition for economic relief raising the economic claims of equitable distribution and counsel fees, costs and expenses. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree and Defendant,s marriage counseling affidavit signed by the parties and dated today. The affidavits and waivers will be filed by the Master's office with the Prothonotary,s office and the divorce will be able to proceed under Section 3301(c) of the Domestic Relations Code. The Master has been advised that after negotiations today, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties are going to return later this morning to review the draft for typographical errors, make any corrections as necessary, and then sign the agreement affirming the terms of settlement as stated on the record at this time. When the Master has been provided a completed copy of the agreement, he will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. McKnight. MR. McKNIGHT: 1. The parties own real estate at 46 North East Street, Carlisle, Pennsylvania. Wife agrees to convey, by deed, her interest in said property to husband. Husband agrees to hold harmless and indemnify wife from the first mortgage at PNC and from the second mortgage at Household Finance. He will make all payments and will indemnify wife if any claim is made against her. He further agrees to either refinance or sell this property within three (3) years from today's date thereby ending wife's obligation for those two loans. 2. The parties also have an equitable interest in the property at 48 North East Street, Carlisle, Pennsylvania. Wife agrees to convey immediately her interest in said property to husband waiving all right, title, and interest in said property provided that husband provides to her an agreement with the legal owner of the property that she is no longer obligated on the outstanding agreement of sale. With regard to the property at 48 North East Street, Carlisle, Pennsylvania, since the parties only have an equitable interest, husband will provide for the wife a release from the legal owner saying that he will release her from any obligation on this agreement and that it will be the sole responsibility then of the husband to complete the agreement for the purchase at 48 North East Street, Carlisle, Pennsylvania. 3. Husband agrees to be responsible for the following debt and to hold wife harmless from said debt: A) The personal loan at Household Finance, and again, he would agree to have that paid off or refinanced within three (3) years from today's date; B) He also agrees to be responsible credit card that is currently in joint names; C) The Choice credit card; for the Wachovia D) The Home Depot credit card; E) First USA credit card. 4. Wife agrees to be responsible for the MBNA credit card and the Associates credit card, and she hereby states that she has already paid off the Sears credit card. All of those are her responsibility and she would hold harmless the husband from any claims made on those credit cards which are believed to be in her sole name. 5. The 1997 Chevrolet Lumina Sedan currently titled in both names will be titled to wife in her sole name when she pays off the outstanding AllFirst car loan. Husband agrees to sign the title over to wife when it is available at that time. 6. The 1994 Chevrolet Lumina Minivan will be immediately signed over to wife and become her sole property. There is no obligation outstanding on that. 7. Husband's Chevrolet S10 pickup truck is currently in his name. There is no obligation outstanding on that vehicle. Wife waives all right, title and interest in said S10 pickup. If there is any loan outstanding on the S10 pickup truck, it is husband's sole responsible and he will indemnify wife for any claim made thereon. 8. Each of the parties have agreed that they will keep their retirement in their own names without any obligation to the other. Therefore, wife's etlrement with the Commonwealth r ' of Pennsylvania will be her sole pension and husband will make no claim against it. Husband's pension with the Commonwealth of Pennsylvania will be his sole property and wife makes no claim against it. 9. Ail of the personal property which each party currently has in their possession will remain their own and the other party waives all right, title and interest to said personal property. 10. Either party can in the future, if they choose to do so, file personal bankruptcy, but that in no way, shape or form will end the obligation to indemnify on these loans to the other as set forth in this agreement. If one party files for bankruptcy and the other does not, the other party still has to honor their agreement to indemnify if a claim is made against them and they have chosen not to go bankrupt. 11. Husband agrees that with regard to the minor children in this case that if they choose to go on to college or some other education after high school that he will pay at that time one-half of their room, board, and tuition for such college or other program beyond high school which they would be eligible for enrollment. 12. Husband agrees to pay within thirty (30) days from today's date the sum of $2,500.00 to wife through counsel consideration for all of the other provisions of this agreement. 13. Except as herein otherwise provided, 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 ~m~tatlon, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 relinquisb_ment of all such interest, rights, and claims. 14. The Defendant, husband, agrees to waive any claim for costs and counsel fees against the Plaintiff, wife. It has already been stated that there is no pending claim for alimony or support between the parties. THE MASTER: If you will go on the record with your client -- MS. ADAMS: My client agrees to the settlement as stated on the record. THE MASTER: Let me ask her a few questions, if I may. You have been present, Ms. Gossard, during the statement of the agreement on the record? MS. GOSSARD: Yes. THE MASTER: Do you understand the agreement as stated on the record? MS. GOSSARD: THE MASTER: Yes. Do you have any questions about it? MS. GOSSARD: No. THE MASTER: And you understand that this is a complete and total resolution of all of the economic issues in your divorce case? MS. GOSSARD: Yes. THE MASTER: You understand that when you leave here today, this hearinG room, you are bound by the terms of this agreement even though there has been no signatures affixed to any document? MS. GOSSARD: Yes. MR. McKNIGHT: Mr. Gossard, you have been here to hear all of the terms of this agreement? MR. GOSSARD: Yes. MR. McKNIGHT: Do you understand those terms? MR. GOSSARD: Yes, I do. MR. McKNIGHT: Do you agree with these terms? MR. GOSSARD: Yes, I do. MR. McKNIGHT: And you are willing to honor those terms and carry them out as they have been stated? MR. GOSSARD: MR. McKNIGHT: about any of these terms? Yes, I will. And you have no questions MR. GOSSARD: No, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~rnE~yA~o~rr Splainti f f~'~%I~1 tAM~~; D-ng~da=In~ Sherl Gossard