HomeMy WebLinkAbout08-35452049830
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Atlantic Credit & Finance Inc.
Assignee from Washington
Mutual
3353 Orange Avenue
Roanoke, VA 24012
VS.
CRYSTAL R GIBNEY
60 CREEKSIDE DR
ENOLA PA 17025-2915
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 03 - W45 awit TetM
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET
FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO
THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY
THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR
ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
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
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN CIVIL-ACTION
1. Plaintiff is a debt buyer and successor in interest to
the original creditor as set forth in the caption of this
Complaint.
2. At all times relevant hereto, the defendant (s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant(s)the use of
plaintiff's credit facilities.
3. Defendant(s) accepted and used the aforesaid credit card
so issued and by so doing agreed to perform the terms and
conditions prescribed by the plaintiff for the use of said credit
card.
4. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account, if available, is attached hereto as
Exhibit "A".
5. All the credits to which the defendant(s)is entitled have
been applied and there remains a balance due in the amount of
$1,403.80.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,403.80 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
7. Defendant's last payment on account was made on 3/5/2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,403.80 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C. 477?'
BY:
FREDERIC I.'WE BERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P01A.DB
VERIFICATION
I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the
attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action
are true and correct to the best of my knowledge, information and belief and is based upon
information which plaintiff has furnished to counsel. The language in the Complaint is that of
counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel,
plaintiff has relied upon counsel in making this verification. This verification is made subject to
18 Pa.C.S. §4904 which provides for certain penalties for making false statements
9;?2& ??? -
Name U
ill ATLANTIC CREDIT & FINANCE, INC.
V. O
CRYSTAL R GIBNEY ZC\
Z
AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS
The undersigned being first duly sworn according to law, deposes and says that she is familiar with
the policies and practices, as well as the books and records of the Plaintiff with respect to the matters
stated herein, and based on information and belief states as follows:
1. Plaintiff's principal business consists of purchasing charged off receivables.
2. The Defendant defaulted on WASHINGTON MUTUAL BANK Account No. 4185865457826407.
Said Account was charged off on 10/31/2007 and subsequently sold to Atlantic Credit & Finance,
Inc with a balance of $1403.8.
3. Plaintiff purchased or was otherwise assigned this charged off account along with other debts. As
a result of the foregoing sale and assignment, the Plaintiff succeeded to all right, title and interest
in the charged off account and it now owns the account.
4. Plaintiff conducted a due diligence investigation to determine, among other things, the accuracy of
the account information provided to ascertain whether the statute of limitations was a bar to
demand or institution of suit. Further, Plaintiff and/or its predecessor entered into a contract where
the predecessor made representations and warranties that 1) it had clear right, title and interest in
the account; 2) the account was free and clear of all liens and encumbrances; and 3) it had the
power, authority, and full right to sell and convey its interest in the account.
5. According to Plaintiff's records, the last payment date was3/5/2007 in the amount of $ 20.00.
After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a
balance due and owing on this indebtedness of $1,403.80.
6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and displays the
account information that was provided to Plaintiff at the time of purchase and assignment.
The foregoing is true and correct to the best of my knowledge and belief.
By:
Amanda Dunbar
Authorized Representative
Subscribed and sworn before me, April 1 008 .
?#Uub?lic: Cameron Gray
REC
=o'
THIS COMMUNICATION IS FROM A DEBT COLLECTOR
Gordon & Weinberg, P.C.: CGAFF- 3324093 - 0001661
*Adantic
CREDIT & FINANCE INCORPORATED Account Statement
PO Box 13386 . Roanoke, VA 24033
Original Creditor Account Number:
4185865457826407
CRYSTAL R GIBNEY
60 CREEKSIDE DR
ENOLA, PA 17025-2915
SSN: XXX-XX-9922
Original Creditor: WASHINGTON MUTUAL BANK
Original Creditor Last Pay Date: 3/5/2007
Original Creditor Last Payment Amount: $ 20.00
Original Creditor Charge Off Date: 10/31/2007
ACF ID Number: 3324093
CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03545 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ATLANTIC CREDIT & FINANCE INC
VS
GIBNEY CRYSTAL R
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
r,TRNEY CRYSTAL R the
DEFENDANT , at 0015:58 HOURS, on the 23rd day of June , 2008
at 60 CREEKSIDE DRIVE
ENOLA, PA 17025-2915
JANICE GIBNEY
by handing to
MOTHER OF DEFENDANT
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 15.00
Affidavit .00
Surcharge 10.00
.00
GI3blOF 43.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
06/24/2008
GORDON & WEINBERG
By:
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister
Plaintiff Pro Se,
VS.
NO. 09-03545
Jennifer Ellen Hollister IN DIVORCE
Defendant Pro Se.
PLAINTIFF'S ACKNOWLEDGMENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29,
2009. I agree that the marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint. All information contained within
the attached documentation is true and correct to the best of my knowledge, information, and
belief.
It is my desire to file with the Cumberland County Court of Common Pleas the attached
Marital Property Settlement Agreement and to be bound fully and completely by the terms and
conditions as set forth within said Marital Property Settlement Agreement do/tion??
Lawrence Brian Hollister, Plaintiff Pro Se
Si
On this day of A Q( U ST 20 (A , before me, a Notary Public, the
undersigned officer, personally appeared Lawrence Brian Hollister; Plaintiff, known to me to be
the person whose name is subscribed to the written instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
a ry)') 6 (t-y--
TARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne M. Bova, Notary Public
Hampden Twp., Cumberland County
My Commission E)ires June 29, 2011
Member, Pennsylvania Association of Notaries
Plaintiff's Acknowledgment Page 1 of 1
FiLF
THEE '' ,-may
2009 AUG 3 1 A 1 9 , 5 LQ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister
Plaintiff Pro Se,
VS.
NO. 09-03545
Jennifer Ellen Hollister IN DIVORCE
Defendant Pro Se.
DEFENDANT'S ACKNOWLEDGMENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29,
2009. I agree that the marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint. All information contained within
the attached documentation is true and correct to the best of my knowledge, information, and
belief.
It is my desire to file with the Cumberland County Court of Common Pleas the attached
Marital Property Settlement Agreement and to be bound fully and completely by the terms and
conditions as set forth within said Marital Property Settlement Agreement documentation.
Je f Ellen Hollister, Defendant Pro Se
.S i
On this 3 1 day of A'J('rQ5 , 20 a before me, a Notary Public, the
undersigned officer, personally appeared Jennifer Ellen Hollister; Defendant, known to me to be
the person whose name is subscribed to the written instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
q,3 qY4 -6 Q-C--
N ARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne M. Bova, NotarY Public
Hampden Twp., Ctxnberiand Courtly
My Commission E)#res June 29, 2011
Member, Pennsylvania Association of Notaries
Defendant's Acknowledgment Page 1 of 1
OF THE. 1
2009 AUG 31 Arh Lj: 54
i.; i
,
CrP
PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister
Plaintiff Pro Se,
VS.
NO. 09-03545
Jennifer Ellen Hollister IN DIVORCE
Defendant Pro Se.
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 31 st day of August 2009, between PLAINTIFF, Lawrence
Brian Hollister (hereinafter "Husband/Father"), residing at 403 Mercury Drive, Mechanicsburg,
PA 17050 and Defendant, Jennifer Ellen Hollister (hereinafter "Wife/Mother"), residing at 5460
Joshua Road, Mechanicsburg, PA 17050.
WITNESSETH
WHEREAS, the parties were married on 08/29/1998;
WHEREAS, the parties filed for 3301(c) Divorce on May 29, 2009;
WHEREAS, the parties hereto desire to settle all matters between them relating to the
ownership of real and personal property, the support and maintenance of one another and, in
general, the settling of any and all claims and possible claims by one against the other or against
their respective estates;
WHEREAS, both parties agree to relinquish any and all claims which either may have
against any property now owned or belonging to the other or which may hereinafter be acquired
by either of them by purchase, gift, devise, bequest, inheritance, or otherwise, except as to the
obligations, covenants, and agreements contained herein; and,
WHEREAS, both parties each have had an opportunity to seek the benefit of competent and
independent legal advice by separate counsel.
NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally
bound, do covenant, and agree as follows:
Marital Property Settlement Agreement Page 1 of 10
1. INCORPORATION OF RECITALS
The recitals on Page 'L of this Agreement are incorporated herein as if set forth in full.
Each paragraph hereof shall be deemed to be a separate and independent covenant and
agreement.
2. APPLICABLE LAW
This agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
3. PERSONAL PROPERTY TO BE RETAINED BY WIFE.
Husband and Wife agree that, unless otherwise indicated in this Agreement, the Wife
shall keep all of her personal clothing and effects; and that Wife shall also retain the
following personal property:
? Mission style cream
entertainment cabinet
? Leather swing chair and
ottoman
? Phillips flat screen
? Dining room set and rug
? Nightstand and armoire
? Wicker furniture collection
? Outdoor glass top table and
chairs
? Thule
? Snow blower
? Video Camera
? Tripod
? Plants
? Gas Grill
? Crystal stemware
? Futon and bookshelf
? Laine's furniture at Joshua
? Oversized chair and ottoman
(Cream Plaid)
? Storage shed (Large
Rubbermaid Style)
? 20" LCD TV
? DVD Player
4. PERSONAL PROPERTY TO BE RETAINED BY HUSBAND.
Husband and Wife agree that, unless otherwise indicated in this Agreement, the Husband
shall keep all of his personal clothing and effects; and that Husband shall also retain the
following personal property:
? Eat-in kitchen table and chairs (cherry and black wood) and rug set
? King sized bed, mattress and bedding along with the dresser and mirror.
? Leather sofa and ottoman ? Laine's furniture at Mercury
? Upholstered recliner ? Weed Whacker
? LG TV (bracket stays in ? Gas blower
wall) ? Wagon for tractor
? Riding tractor (John Deere) ? Gas Hedge trimmers
? Tripod ? Toolbox and Tools
? GPS ? Metal framed bed and
? Garage Fridge mattress
Marital Property Settlement Agreement Page 2 of 10
? Dining Room table, chairs
and hutch at 326 WS
? Brown dishes
u Bose surround sound system
The following list of items to be determined by each person selecting an item until all
items are selected within 30 days of the settlement of the property located at 5460 Joshua
Road, Mechanicsburg, PA 17050, unless otherwise agreed by both parties:
? Pictures ? Holiday decorations
? Framed artwork o Large rug in family room
o Stainless Steel Fridge ? Shovels, rakes, axes, etc.
? Washer/Dryer ? Drill
? Kitchen Utensils/Tools ? Green sofa and loveseat
? Strollers ? Gold barrel-back swivel chairs
? Bikes ? Off white entertainment cabinet
? Toys ? Oval wooden coffee table
? Pool Table and billiard equipment ? Ladders
? Veneer desk, cabinet, shelves
? Any other items of any value that have not been listed but are in the possession of the
Defendant and where obtained prior to the date of separation.
Any items not selected within the 30-day time frame will become the property of the Defendant.
The Defendant must give reasonable access and be available within 24-hour notice to the
Plaintiff in order to facilitate these selections.
5. DEBTS TO BE PAID BY WIFE.
Husband and Wife agree that the Wife shall pay the following debts and will not at any
time hold the Husband responsible for them:
Wife has 100% ownership of the real property and 100% responsible for the mortgage
payments. Husband hereby waives his interest in the property.
? Mortgage on 5460 Joshua Road, Mechanicsburg, PA 17050
? Mortgage on 326 Weatherstone Drive, New Cumberland, PA 17070
? Land Rover installment loan from PSECU
? Any current debt in her name only and established after the date of separation.
6. DEBTS TO BE PAID BY HUSBAND.
Husband and Wife agree that the Husband shall pay the following debts and will not at
any time hold the Wife responsible for them:
? Any debt currently in his name only and established after the date of separation.
Marital Property Settlement Agreement Page 3 of 10
7. DIVISION OF REAL ESTATE.
5460 Joshua Road Mechanicsburg, PA 17050
The parties agree that Wife shall have exclusive use and ownership of the real property
known as 5460 Joshua Road, Mechanicsburg, Pennsylvania until it is sold. Defendant
will list and sell 5460 Joshua Road, Mechanicsburg, PA 17050. Property must be listed
for sale between March and May 2010. It is the sole discretion of the Defendant to
determine list and sale price. The Plaintiff will sign the deed at closing without delay.
The proceeds, net after closing costs, not to exceed 5% sales commission unless sold by
Defendant and the commission would reduce to 3%, of the sale will be divided equally.
It is the sole expense of the Defendant for all property maintenance and upkeep.
326 Weatherstone Drive, New Cumberland PA 17070
Plaintiff and Defendant continue to jointly own 326 Weatherstone Drive, New
Cumberland PA 17070 until Classic Communities Corporation decides to stop using it as
a model/rental. At the time it is no longer being rented by Classic Communities
Corporation the property will be sold.
Defendant will list and sell 326 Weatherstone Drive, New Cumberland PA 17070. It is
the sole discretion of the Defendant to determine list and sale price. The Plaintiff will
sign the deed at closing without delay. The proceeds, net after closing costs, not to
exceed 5% sales commission unless sold by Defendant and the commission would reduce
to 3%, of the sale will be distributed as follows: The first $20,000.00 to Wife and the
remaining proceeds, net after closing costs; not to exceed 5% sales commission unless
sold by Defendant and the commission would reduce to 3%, of the sale will be divided
equally.
8. DIVISION OF EQUITIES AND INCOME INVESTMENTS.
Except as hereafter provided, each of the parties does specifically waive, release,
renounce and forever abandon all of their right, title, interest or claim, whatever it may
be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan,
Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or
other retirement type plans or investment accounts of the other party, whether acquired
through said party's employment or otherwise.
Plaintiff will receive the total sum of $105,132 upon submission of the proper
application forms, already provided to plaintiff, to establish a separate Merrill Lynch
account.
-4-
Disbursement as follows:
840-86D88 $11,969 Transfer to Plaintiff
840-831325 $4,097 Transfer to Plaintiff
840-89401 $9,397 Transfer to Plaintiff
TOTAL $25,463 Transfer to Plaintiff
Value may have improved or declined in these aforementioned accounts. The remaining
equity/income investments to be transferred to Plaintiff will be the difference of the total
of the above referenced accounts at the date of separation and the amount due of
$105,132. Part of the transfer will be no less than $55,000 in cash assets.
9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, EXPENSES AND
ALL MARITAL RIGHTS.
Each of the parties hereto waives release the other from subsequent claims for alimony,
alimony pendente lite, or spousal support, except as set forth as follows:
No spousal maintenance shall be awarded to either party.
10. JOINT DEBTS.
Husband and Wife warrant and certify to each other that there are no individual or joint
marital obligations outstanding, other than those listed in paragraphs 5 and 6.
11. AUTOMOBILES.
Volvo goes to Plaintiff. Land Rover goes to Defendant.
12. CHILD CUSTODY.
The Plaintiff and Defendant are the parents of (1) one unemancipated child:
Name DOB Age Gender
Laine McKenna Hollister 09/19/2006 3 Female
In the past five years, the parties' child has resided at the following locations:
Child Location
Laine McKenna Hollister Both Mother and Father
-5-
Custody of the above-listed children will be as follows:
Name Legal Custody Physical Custody
Laine McKenna Hollister 50% joint 50% Joint
On a 14-day schedule, each parent will have 7 nights. Currently, Parent A has Laine
Saturday, Sunday, Monday; Parent B has Laine Tuesday, Wednesday; Parent A
Thursday, Friday; Parent B Saturday, Sunday, Monday and so on. Upon Laine's 5`h
birthday or her first year of kindergarten, whichever occurs first, parent A will have
Laine Monday through Friday; then Wife will have Laine Saturdays and Husband will
have Laine on Sundays.
Vacation Schedule for Laine:
Each parent is entitled to three week-long (or a cumulative total number of days
equivalent) vacations per calendar year, the other parent agrees to facilitate this
arrangement. All vacations must be scheduled a minimum of 30 days prior to start day of
vacation, if there is a conflict the first person who requested vacation prevails.
Major Holidgy Schedule for Laine:
HOLIDAY SCHEDULE
New Year's Day Whoever has her on New Year's Eve, based upon
the regular schedule, will have her until 2pm on
New Year's Day then back to the regular schedule
Martin Luther King Day Based upon whoever's scheduled day
Presidents' Day Based upon whoever's scheduled day
Memorial Day Wife Odd Years
July 4th Husband Odd Years
Labor Day Wife Odd Years
Veterans' Day Based upon whoever's scheduled day
Thanksgiving Day and Friday Whoever has her Wed before Thanksgiving has her
until 2pm on Thursday, then the other parent would
have her from 2pm Thursday to 2pm Friday, then
back to the other parent and back to the regular
schedule
Christmas Eve Husband Odd Years
Christmas Day Whoever has her on Christmas eve, based upon the
regular schedule, will have her until 2pm on
Christmas Day then back to the regular
schedule
Mother's Day Every
Father's Day Every
Mother's Birthday Every
Father's Birthday Every
-6-
Laine's Birthday Whoever has her the day before on the regular
schedule gets her for her birthday until 2pm if it is a
weekend. If it is a weekday, whoever has her the
day before on the regular schedule gets her for her
birthday in the morning, then the other parent gets
her after school the night of her birthday, then back
to the regular schedule
13. CHILD SUPPORT, INSURANCE, AND TAX EXEMPTION.
a. Child Support
Defendant shall pay support in the amount of $3,500 per month beginning upon
final decree for a period of 12 months, then, on the 13'h month pay support in the
amount of $2,500 per month for a period of 12 months for the support and care of
the parties' minor child.
b. Insurance
Defendant shall provide health care coverage for the minor child through
September 2011. Then, whoever has Laine as a dependent for the tax year return
will pay for Laine's insurance. Any health costs not covered by insurance shall be
shared equally. Each parent in the amount of $300 on her birthday shall fund a
checking account in Laine's name with both parent signatures. Checks may be
written by either parent ONLY to pay for medical expenses as billed by the
doctor's office, hospital, outpatient facility, prescriptions, dentil work, and any
other like kind expenses. All expenses to be documented and forwarded to other
parent. Any residual dollars not spent shall become Laine's property upon her
18' birthday. Laine can only use the money for educational purposes or, upon her
25'h birthday she can use the money as she sees fit.
c. Tax Exemption
For federal, state, and local income tax purposes the mother shall claim the child
annually beginning the tax year that the divorce is finalized through 2011. Then,
Brian will claim the child as a dependent for the tax year 2012 and every
subsequent even year. Defendant will claim the child as a dependent for the tax
year 2013 and every subsequent odd year.
d. Daycare
The Defendant will pay for childcare from lam to 6pm weekdays only through
September 2011. After September 2011, daycare will be the expense of whoever
has Laine per the regular schedule.
e. Laine Investment Account
Plaintiff will convert the Brooke Hollister Fund into a mutually agreed upon
investment account in Laine Hollister's name upon maturity of Certificates of
Deposit currently held by AmeriChoice Bank. Defendant's name will be added to
the account.
14. LIFE INSURANCE.
Life insurance beneficiary will remain as each parent unless one party cohabitates or gets
re-married. Defendant will pay life insurance policy without any change in terms through
September 2011. If Defendant cohabitates or gets re-married prior to September 2011,
she will pay Plaintiff one half of the monthly payment ($95) for the duration of the time
frame stated. Should either party cohabitate or get re-married, this section of the
agreement is null and void and unenforceable.
15. DIVORCE.
Husband and Wife agree that the marriage is irretrievably broken and will proceed with
said Divorce under 23 Pa. C.A. Section 3301(c).
16. NAME CHANGE.
Does not apply.
17. TAX ADVICE AND ISSUES.
The transfers set forth herein may result in income, inheritance, estate, and other tax
consequences to the parties. The parties specifically acknowledge that no attorney
involved in the negotiating or drafting of this Agreement has provided any tax advice
regarding the dispositions contained herein. The parties have been advised to seek
separate tax counsel concerning the Divorce distributions. The transfers of property
pursuant to this Agreement are transfers between Husband and Wife incident to their
divorce and as such are nontaxable, with no gain or loss recognized. The transferee's
basis in the property shall be the adjusted basis of the transferor immediately before the
transfer. The transfers herein are an equal division of marital property for full and
adequate consideration and as such will not result in any gift tax liability.
18. INCORPORATION OF PROPERTY SETTLEMENT INTO DECREE.
Husband and Wife agree to the incorporation of the Property Settlement Agreement into
the Decree.
Husband and Wife declare that they have fully disclosed to each other all assets of any
nature owned by each, all debts or obligations for which the other party may be liable in
whole or part, and all sources and amounts of income.
19. WAIVER OF INHERITANCE RIGHTS.
Unless otherwise specifically provided in this Agreement, as of the execution date of this
Agreement, Husband and Wife each waives all rights of inheritance in the estate of the
-8-
other, any right to elect to take against the will or any trust of the other or in which
the other has an interest, and each of the parties waives any additional rights which
said party has or may have by reason of their marriage, except the rights saved or created
by the terms of this Agreement. This waiver shall be construed generally and shall
include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
20. WAIVER OF CLAIMS.
Except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this
Agreement an absolute and unconditional release and discharge from all causes of action,
claims, rights or demands whatsoever in law or in equity, which either party ever had or
now has against the other.
21. BREACH.
If either party breaches any provision of this Agreement, the other party shall have
the following rights and remedies, at his or her election, all of which shall be
deemed to be cumulative and not in the alternative, unless said cumulative effect would
have an inconsistent result or would result in a windfall of the other party:
a. Specific Performance: The right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall be reimbursed for all reasonable
attorney's fees and costs incurred as the result of said breach and in bringing the action
for specific performance.
b. Damages: The right to damages arising out of breach of the terms of this
Agreement, which damages shall include reimbursement of all reasonable attorney's fees
and costs incurred as the result of the breach and in bringing the damage action.
C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and
remedies that may hereafter be enacted by virtue of the amendment of said statute or
replacement thereof by any other similar laws.
d. Other Remedies: Any other remedies provided for in law or in equity.
e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable
attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly
rate charged; (2) the services rendered; and (3) the necessity of the services rendered.
Determination of reasonableness shall not take into consideration the amount or nature of
the obligation sought to be enforced or any possibility of settlement for less than the
obligation sought to be enforce by the non-breaching party.
-9-
IN WITNESS HEREOF, the parties have hereunto set their hands and seals the day and year first
written above.
Lawrence Brian?Holli?*r," PLAINTIFF
51
On this 61 day of? C. j 20 before me, a Notary Public, the
undersigned officer, personally appeared Lawrence Brian Hollister; Plaintiff, known to me to be
the person whose name is subscribed to the written instrument, and acknowledged that he or she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
o am, /3-
NO ARY PUBLIC
COMMONWEALe H Ol- PENNSYLVANIA
Notarial Seal
Joanne M. Bova, Notary Public
Hampden Twp., Cumberland County
My Commission E)ires June 29, 2011
Member, Pennsv vane-, AF,<4^.iEtion of Notaries
Je fer lien Hollister, DEFENDANT
s?
On this 3 j day of 20 6 ?, before me, a Notary Public, the
undersigned officer, personally appeared Jennifer Ellen Hollister; Defendant, known to me to be
the person whose name is subscribed to the written instrument, and acknowledged that he or she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
t
o ( n' .?.. r4
N TARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne M. Bova, Notary Public
Hampden Twp., Cumberland County
My Commission E)ires June 29, 2011
Member, Pennsylvania Association of Notaries
-10-
FI'- E ?" : `
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister
Plaintiff Pro Se,
VS.
NO. 09-03545
Jennifer Ellen Hollister IN DIVORCE
Defendant Pro Se.
AFFIDAVIT OF CONSENT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29,
2009 and served on June 1, 2009.
2. The marriage of the 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 are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unworn
falsification to authorities.
Date: _
Jenni r llen Hollister, Defendant Pro Se
Defendant's Affidavit of Consent Page I of I
i tL : _ .F
2 fH ALG 13 1 A f i Sa 5 i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister
Plaintiff Pro Se,
VS.
NO. 09-03545
Jennifer Ellen Hollister IN DIVORCE
Defendant Pro Se.
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. §4904 relating to
unsworn falsification to authorities.
Date: Ao?
Jennif llen Hollister, Defendant
Defendant's Waiver of Notice of Intention Page 1 of 1
?F-if_t I("NO rt Y
F POI , I"'
O
2 0, 09 ALIG 3 I A 9, qw 5
J"rv
CUM-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister
Plaintiff Pro Se,
vs.
NO. 09-03545
Jennifer Ellen Hollister IN DIVORCE
Defendant Pro Se.
AFFIDAVIT OF CONSENT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29,
2009 and served on June 1, 2009.
2. The marriage of the 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 are made subject to the penalties of 18 Pa C.S. S='-
Lawre-nce falsification to authorities.
Date: 9.31- 09 of ster, Pl tiff Pro Se
Plaintiff's Affidavit of Consent Page 1 of 1
Y r??
2009 UG 31 AM lj?: 5 w,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister
Plaintiff Pro Se,
VS.
Jennifer Ellen Hollister
Defendant Pro Se.
NO.09-03 545
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§ 3301(c) OF THE DIVORCE CODE
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.
false statements herein are made subject to the penalties of 18 Pa.C.S
unsworn falsification to authorities. ,
Date: S' 3? ' 01
I understand that
§4904 relating W
Plaintiff s Waiver of Notice of Intention Page 1 of I
.; ?.
FILL
FTHE , IT .CRY
2009 AUG3 31 A : 5 34
CLJ' `t`
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Lawrence Brian Hollister :
Plaintiff Pro Se,
vs. NO. 09-03545
Jennifer Ellen Hollister IN DIVORCE
Defendant Pro Se.
PRAECIPE TO TRANSMIT RECORD
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 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: on or about June 1, 2009
via Hand Delivered.
3. Date of execution of the Affidavit of Consent:
by Plaintiff August 31, 2009; by Defendant August 31, 2009.
4. Related claims pending: None.
5
Date of filing of Waiver of Notice of Intention to Request Entry of Divorce Decree Under
Section 3301(c) of the Divorce Code:
by Plaintiff August 31, 2009; by Defendant August 31, 2009.
Praecipe to Transmit Record Page 1 of 1
403 Mercury Road '
Mechanicsburg, PA 17050
717-329-4896
n,
3
2CC9 u S 3 1 All , 56
r '... i. 111-
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Pil. ED-01, F C
i l-i PROTHONCW ,
2011 SEP 12 Atli!* v
"UiPENN YLVAN A T`.
Atlantic Credit & Finance Inc.
Assignee from Washington
Mutual
vs.
CRYSTAL R GIBNEY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-3545 CIVIL
TERM
STATEbMT OF INTENTION TO PROCEED
TO THE COURT:
Plaintiff intends to proceed with the above-captioned
matter.
GORDON & WEINBERG, P.C.
BY:
FREDERI I WEINBERG, ESQUIRE
JOEL M. INK, ESQUIRE
Attorney for Plaintiff
Dated : ?? ??
CERTIFICATION OF SERVICE
I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on
the date below, served a copy of foregoing pursuant to Pa.R.C.P.
10280)(1), via First Class Mail, postage pre-paid, to all other
parties or their counsel of record.
FREDERIC I
Dated : 17(1 /
BERG, ESQUIRE
P018