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HomeMy WebLinkAbout06-0266 . .. / " Karl A. Gobbel, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.ill,' :;I-1c Civil Term Tamarra Marie Gobbel, Defendant CIVIL ACTION -.. LAW 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 childre~. When the ground for divorce is indign~. ies or irretrievable breakdown of the marriage, you may request marriage counseling. A list f marriage counselors is available in the Office of the Prothonotary at the Cumberland County C urthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. ' IF YOU DO NOT FILE A CLAIM Fot ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM NY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland COl.jnty Bar Association Lawyer R ferral Service 32 South edford Street Carlisle, Pe sylvania 17013 (717) 49-3166 . I . Karl A. Gobbel, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. nOCKET NO.~ - ,,2t.1e> Civil Term Tamarra Marie Gobbel, Defendant CIVIL ACTION -- LAW IN DIVORCE COMPLAINT IN DIV<i>RCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes Plaintiff, Karl A. Gobbel, by and through his attorney, Stephen O. Fugett, Esquire, who files this Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code, and who, in support thereof, avers as follows: I. Plaintiff is Karl A. Gobbel, whd currently resides at 1822 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011, since November, 2005. 2. Defendant is Tamarra M. Gobbel, who currently resides at 107 North Second Street, Wormleysburg, cumber~'and County, Pennsylvania 17043, since 1987. 3. Plaintiff and Defendant have be n bona fide residents in the Commonwealth of Pennsylvania for at least six mo ths immediately previous to the filing of this Complaint. j 4. The Plaintiff and Defendant we e married on November II, 1985 in Fairview Township, Cumberland County Pennsylvania. 5. The parties separated on October, 2003 and have b,:en living separate and apart since then. 6. 7. 8. There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the c04 require the parties to participate in counseling. Neither the Plaintiff nor the Det,ndant is in the mil:itary or naval service or in any branch of the armed forces ofth United States of America or its allies or is otherwise within the provisions, fthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amend~ents. Plaintiff requests the court to enter a decree of divorce. , i i 9. 10. . - , VERIFICATION I have read the foregoing Complaint in Divorce, and I verify that the statements made therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of I 8 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. r Dated: ,,' , ,'" Ii,'. r f.-:s'~ ~ ./') , ....~,/-' ......~ '" yt '/ ./ '1"'>""';;"....H-r'. Ktlti A. Gobbel, Plaintiff Respectfully submitted, Law Offices of Eric D. Patrick I!t!ii/"} - i , I' Step en O. ugett, quire PA Supreme Court ID No. 85643 240 South 18th Street Camp Hill, PA 17011 Telephone: (717) 737-2390 Facsimile: (717)763-4958 N [:) ~ ~ l' -- ~ -0 C> ~~J , <') () -- -1'1 ~ "- d '-"~! C> L_ C/) ~-,-. W -u ~ p::: ~"'..' } b (,..) J: ,',) ~.t J _.l .< Karl A. Gobbel, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 06-266 Civil Term Tamarra Marie Gobbel, Defendant CIVIL ACTION -- LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint In Divorce under 23 Pa.C.S. g3301(c)/(d). I certify that I am authorized to accept service on behalf of the defendant. 11/1/0& . ~:ca-U4. J#l Tamarra Gobbel, Defendant Date (: Karl A. Gobbel, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 06-266 Civil Term Tamarra Marie Gobbel, Defendant CIVIL ACTION -- LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on January 11, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken. 3. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: .5' /1/ / b6 / / KMtg~ a ~; c.:::"_~ ;:f1 ;:' ~".~'" . '7('.. ~_. '0., ~~:.~ r-- t"" ...-<1-'-- ~(' ~:::' (- ,J;:," (~~~ /' ::::-..j .-< :--..::l = = cr- T-: ::l> -< o -n --I ::r: nl~ -0 rr. ~cJCJ ;:'_'~ t,., ---1<-- ;~~~ om J;! :n -< en -0 ::s:: Cl N Karl A. Gobbe~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 06-266 Civil Term Tamarra Marie Gobbel, Defendant CIVIL ACTION -- LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) and ~ 3301(d) 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 ofproperty, attorney's fees and expenses if! 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: ..6////-(,)1 { / ~~~~ Karl A. Gobbel, Plaintiff ,..." <::::;) = 0.... :x: ::t:a> -< o >1 -J :c m~ -om -D I..J .-\ I .':~(:: -'r~ ,., I': ::J~15 ;'~rn ;::-1 r> ::0 -< Q") v ~ ...... o N Karl A. Gobbe~ Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 06-266 Civil Term Tamarra Marie Gobbe~ Defendant CIVIL ACTION -- LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330 I ( c) of the Divorce Code was filed on January 11, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken. 3. Ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 4. I consent to the entry of a final decree of divorce after service ofnotice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ J /( /0 f.t ~7?'/~~ Tamarra M. Gobbe~ Defendant o ~~ <. ~E-' ~iG ~~ ~: }::; ,~ ~=.c' .~'C z ::2 \"'..;l C-.;:) <::;;'".1 a'" 11:: s:,.. -< (J'\ ~ ~:Il ~F;; -;:;0 ~:~ ~~ ....l.._ 4. :,~~~ (~ s;: ~ -0 3 - ., o N Karl A. Gobbe~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 06-266 Civil Term Tamarra Marie Gobbel, Defendant CIVIL ACTION -- LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) and ~ 3301(d) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, attorney's fees and expenses if! 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 ofthe 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: slll/OlP ~./~ Tamarra M. Gobbel, Plaintiff g ~~ ~v: ".'-.Y- .-;" t.:;-;;: ~,:. ~,~\ ~~-- ~. " ;- r-3 = = 0' ~ P' -<. 0" ~ -I ffi~ -oili -nO >'1 I 'jJ. S;'\ C.2o ;c~ rn ':=:t ?S -< -0 Z o N DI.o- ~~~ CI'U~t..'L~ MARRIAGE SETTLEMENT A THIS AGREEMENT made this (( 1l: day of LM Ct 200~, by and between Karl A. Gobbe~ ofl822 Willow Road, Camp Hil~ 17011, Cum erland County, Commonwealth of Pennsylvania, hereinafter referred to as "Husband," and, T a Marie Gobbel, of 107 North Second Street, Wormleysburg, 17043, Cunlberland County, Co onwealth of Pennsylvania, hereinafter referred to as "Wife". WITN ESSETH: WHEREAS, the parties hereto were duly married to eac other on November 11, 1985 in Fairview Township, Cumberland County, Commonwealth ofPe ylvania; and WHEREAS, it is the intention of the parties to enter into Agreement under which their respective financial and property rights, and all other respe ive rights, remedies, privileges and obligations to each other arising out of the marriage relation, r otherwise, including those rights over which the Court retained jurisdiction, will be fully pre cribed and bounded thereby; and WHEREAS, the parties hereto have been fully, separately and independently apprised and advised of their legal rights, remedies, privileges, and obligati ns arising out of the marriage relationship, or otherwise, by counsel 0 f their own choice and sele ion, to the extent each has deemed necessary and appropriate; and WHEREAS, both parties have made independent inquiry d investigation with respect to their respective legal rights, remedies, privileges and obligations arising out of the marriage, Initials.;/lt! Initil!-L Page 1 ofl7 or otherwise, and each has been fully informed of the other's as ts, property, holdings, income and prospects; and WHEREAS, the parties hereto each warrant and represe t to the other that they each fully understand all the terms, covenants, conditions, provisions, and obligations incumbent upon each of them by virtue of this Agreement to be performed or co emplated by each of them hereunder, and each believes the same to be fair, just, reasonable and to the respective individual best interest of each, and not the result of any fraud, duress, or due influence exercised by either party upon the other or by any other person or persons upo either; and WHEREAS, the parties hereto both agree that this agree ent shall remain in full force and effect even upon the Parties' reconciliation unless a written c NOW THEREFORE, the recitals set forth hereinabove, eing incorporated by reference herein, and deemed an essential part hereof; and further consider ion of the promises contained within this Agreement, the parties hereto intending to be legally b und, mutually agree as follows: 1. PERSONAL RIGHTS: Wife and Husband may and will, at all times hereafter, liv separate and apart. Each will be free from all contro~ restraint, interference or authority, direct r indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside t such place or places as she or he may select. Each may, for her or his separate use or benefit, nduct, carry on and engage in any business, occupation, profession or employment which to h or him may seem advisable. Initial~ InitialsdJ Page 2 ofl7 This provision will not be taken, however, to be an admission 0 the part of either Wife or Husband of the lawfulness ofthe causes which led to, or result in the continuation of; their living apart. Wife and Husband will not molest, harass, disturb, or malign each other or their respective families of each other, nor compel or attempt to com I the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 2. FULL DISCLOSURE: The parties hereby acknowledge and agree that each oft m has made to the other a true, full, complete disclosure of all property and interests which eith or both of them have in all marital and separate property as defined by the Pennsylvania Div rce Code and they do hereby waive an inventory of said property. The parties further acknowledge and agree that they have ach had an opportunity to value or have appraised any and all marital property, and they do ereby waive a formal appraisal 0 f same, and no statement or representation by either pyas to value will be deemed a misstatement or misrepresentation to the other or be deemed frau ulent. Both the legal and practical effect of this Agreement in ea h and every respect and the financial status ofthe parties has been fully explained to both part es by their respective counse~ and they both acknowledge that this Agreement is reasonable and hat it is not the result of any fraud, duress, or undue influence exercised by either party upon t other or by any other person or persons upon either. 3. MUTUAL RELEASE: Initial~ Initials~ Page 3 ofl7 Wife and Husband each do hereby mutually remise, rele se, quit claim and forever discharge the other and the estate of each other, for all tin1e to me, and for all purposes whatsoever, of and from any and all rights, titles, and interests, r claims in or against the property (including income and gain from property hereafter ac ing) of the other or against the estate of each other, of whatsoever nature and wheresoever situa e, which she or he now has or at any tin1e hereafter may have against each other, the estate of eac other or any part thereof; whether arising out of any former acts, contracts, engagements 0 liabilities 0 f each other or by way of dower or curtsey, or claims in the nature of dower or curt ey of widow's or widower's rights, family exemption or sin1ilar allowance, or under the intes e laws, or the right to take against the other's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased pouse's estate, whether arising under the laws of (a) Pennsylvania (b) any State, Commonwealth or Territory of the United States, or (c) any other country, or the right which both parties m y have or at any tin1e hereafter have for past, present, or future spousal support or maintenance, lin1ony, alimony pendente lite, costs or expenses, whether arising as a result of the marital relatio or otherwise, except, and only except, all rights and agreements and obligations ofwhatsoe er nature arising or which may arise under this Agreement or for the breach of any part thereof. is the intention of Wife and Husband to give to each other by the execution of the Agreement full, complete and general release with respect to any and all property of any kind or nature, e~ personal or mixed, which the other now owns or may hereafter acquire, except and only exc t all rights and agreements and obligations ofwhatsoever nature arising or which may arise breach of any part thereof; subject, however, to the irnplementatio and satisfaction of the conditions precedent as set forth herein. Initials,ffl InitialJ ...J Page 4 ofl7 4. DEBTS: Both parties represent and warrant to the other party that they have not incurred any debts to which the other, or the estate ofthe other may be held liable s ce the date of separation or the date of filing of the Divorce Complaint except as provided here' , and that except only for the rights arising out of this Agreement, neither party will hereafter cur any liability whatsoever for which the other party nor the estate of the other party will be iable. Husband and Wife agree that should any debt or liability e incurred by one party, that party acknowledges that such debt is the sole responsibility ofth person who incurred that debt and any and all claims made against the other on account of such debt may be deducted from the share to which the person incurring the debt is entitled as the res It of this Agreement. 5. PERSONAL PROPERTY: Husband and Wife agree that Husband shall keep, and be olely entitled to, the income and profits, now in existence or hereafter accruing, and be liable r, the losses and debts, now in existence, or hereafter incurred, and to all benefits of past, presen or future good will, ofK&K Auto Body. Wife shall, simultaneously with the execution of this Agreement, sign a Deed or quitclaim deed, whichever is applicable, forever releasing any rig t, title and interest she may have in K&K Auto body, or the goodwill deriving from the operafon thereot; by way of the marital relation to Husband, or by operation of any law, now in ex stence or hereafter modified or enacted, whether Federa~ State or Loca~ and whether statutory r common law, and transferring sole right, title and interest in said K&K Auto body to Husband. Husband assumes Initialsp- Initiail..J Page 5 ofl7 all right, title and interest in K&K Auto body, subject to any an all mortgages, liens or other debts, either now in existence or hereafter incurred. Husband and Wife each will continue to own and enjoy, ee of any claim or right of the other, all of his or her personal effects, such as clothing, jewelry and the like, wherever located. The parties have mutually agreed on the division of their ousehold goods, furnishings and furniture. Husband agrees that all property in the possession of Wife will be the sole and separate property of Wife. Wife agrees that all property in the p ssession of Husband will be the sole and separate property of Husband. The parties hereby relin ish any and all right or claim to such articles chosen by the other. Henceforth, each of them will own, have and enjoy indep ndently of any claim or right of the other, all items of personal property of every kind, now and h eafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 6. REAL ESTATE: I. Husband: (1) The real estate located at 620 South Enola oad, Enola, 17025, Cumberland County, Commonwealth ofP ylvania. Wife shall, simultaneously with the execution ofthis A eement, sign a Deed or quitclaim deed, whichever is applicable, for ver releasing any right, title and interest she may have in said real estate by way of the marital relation to Husband, or by operation of any law, no in existence or hereafter modified or enacted, whether Federal, State r Loca~ and whether statutory or common law, and transferring Ie right, title and interest in Initialsp InitialJ~ Page 6 ofl7 said real estate to Husband. Husband ass mes all right, title and interest in the property, subject to any and all mortg ges or liens either now in existence or hereafter incurred. (2) The real estate located at 230 Pennsylvani Avenue, Enola, 17025, Cumberland County, Commonwealth of nnsylvania. Wife shall, simultaneously with the execution of this greement, sign a Deed or quitclaim deed, whichever is applicable, fi rever releasing any right, title and interest she may have in said real esta e, by way of the marital relation to Husband, or by operation of any law, n w in existence or hereafter modified or enacted, whether Federa~ Sta e or Local, and whether statutory or common law, and transferring sole right, title and interest in said real estate to Husband. Husband assu es all right, title and interest in the property, subject to any and all mortga es or liens either now in existence or hereafter incurred. 11. The followin real 0 ert shall become the sole d exclusive ro ert of Wife: (1) the real estate located at 107 North Second Street, Wormleysburg, 17043, Cumberland County, Commonwealth ofP nnsylvania. Husband shall, simultaneously with the execution of this greement, sign a Deed or quitclaim deed, whichever is applicable, fo ever releasing any right, title and interest he may have in said real estate by way of the marital relation to Wife, or by operation of any law, now' existence or hereafter modified or enacted, whether Federal, Stat or Loca~ and whether statutory or common law, and transferring ole right, title and interest in said real estate to Wife. Wife assumes all r ght, title and interest in the property, subject to any and all mortgages r liens either now in existence or hereafter incurred. 7. APPLICABILITY OF TAX LAW TO PROPER Y TRANSFERS: The parties hereby agree and express their intent that any t ansfers of property pursuant to this Agreement will be within the scope and applicability of the D ficit Reduction Act of 1984 (herein the "Act"), as amended, specifically, the provisions of said ct pertaining to transfers of Initial# Initial~ Page 70fl7 property between spouses or former spouses. The parties agree 0 sign and cause to be filed any elections or other documents required by the Internal Revenue S ice to render the act applicable to the transfers set forth in this Agreement, without r cognition of gain on such transfers and subject to the carry-over basis provisions of said A t. 8. FINANCIAL ACCOUNTS/AUTOM BILES: 1. The followin shall become the sole and exclusiv (1) The checking account located at PNC b . Wife agrees to sign any documents required to terminate her right 0 or interest in any current or future balance, income or dividends, by w y of her marital relation to Husband or by way of any Federa~ State, r Local law, now in existence, or hereafter modified or enacted, whether tatutory or common law. (2) The 1998 Ford pickup truck and the 1987 ord pickup truck. Husband shall be solely responsible for any car pa ents thereon and to obtain and retain insurance at his sole cost. Wife agre s to execute any required documents transferring sole ownership oft e 1998 and 1987 Ford pickup trucks to Husband. II. The followin shall become the sole and exclusive ro ert of Wife: (1) All other deposit accounts currently in joint names or in Wife's sole name. Husband agrees to sign any documents req ired to terminate his right to or interest in any current or future balance, in me or dividends, by way of his marital relation to Wife or by way of an Federal, State, or Local law, now in existence, or hereafter modified or acted, whether statutory or common law. (2) The Ameritrade Stock Account currently 0 agrees to sign any documents required to t in any current or future balance, income or marital relation to Wife or by way of any F ed by Husband. Husband . ate his right to or interest ividends, by way of his eral, State, or Local law, now Initials d Initials ~.-1! Page 8 ofl7 in existence, or hereafter modified or ena ted, whether statutory or common law. (3) The 1993 Oldsmobile Cutlass. Wife shal be solely responsible for any car payments thereon and to obtain and r ain insurance at her sole cost. Husband agrees to execute any required d cuments transferring sole ownership of the 1993 Cutlass to Wife. 9. TAXES: The parties agree and acknowledge that prior to the last II calendar year, the parties jointly filed Returns for Federal and State income tax purposes. he parties agree that they will file separate future Tax Returns for all tax obligations, and any t obligation will be the responsibility of the individual party. Husband and Wife warrant that they have heretofore paid all taxes on such prior Returns including the calendar year ending December 31, 2005; that they 0 not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit i pending or notice thereof received. Husband will give Wife notice of any deficiency assessm t. Wife will give Husband notice of any deficiency assessment ofwhich they individ~ally or collectively become aware. The parties agree that should it ultimately be determined that any eficiency and/or penalty exist with respect to the jointly filed returns, the party responsible for t e erroneous preparation and/or improper or nondisclosure of information which has resulted in th deficiency and/or penalty, will be solely responsible for the payment of the amount ultirnatel determined to be due, together with interest, as well as expenses that may be incurred to ntest the assessment. Initiald Initials ~...Jt . Page 9 oft 7 Should said sums become due as a result of individually Iled returns, the party which filed said return will be solely responsible for all sums due, and ill indemniJY and hold harmless the other party for any payment thereon. 10. CHILD CUSTODY: No children were born of the relationship between Wife d Husband 11. PENSIONS RETIREMENT AND PROFIT HARING PLANS: Husband shall keep and have sole right, title and interest the MFS 401(k) fund. Wife agrees to sign any documents required to terminate her right to 0 interest in any current or future balance, income or dividends, by way ofher marital relation to sband or by way of any Federa~ State, or Local law, now in existence, or hereafter modi ed or enacted, whether statutory or common law. Wife has no known pension, retirement, or profit-sharing ccounts. 12. HEALTH INSURANCE Husband agrees to continue providing health insurance, at he current benefit level, for Wife, at Husband's expense, for a period offive (5) years from th date of execution of this Agreement, or until Wife remarries or obtains health insurance at er own expense, or through employment or any other source, whichever is earlier. Wife agre to be solely responsible for payment of any co-payments and/or uncovered and/or unreimburs medical expenses. Wife agrees to inform husband, in writing, at least thirty (30) days prior 0 her marriage to another person or to her obtaining health insurance through another source Wife agrees to reimburse Initials d Initial;J;J1 Page 10 of17 husband for any amount paid by Husband after Wife's remarria e or procurement of health insurance at her own expense or through any other source. 13. WAIVER OF RIGHTS: The parties waive all other past, present and future rights provided in the 1980 Divorce Code, as amended, or any future laws and amendments incIudin their right to alimony, spouse support, equitable distribution, alimony pendente lite, costs and xpenses, and attorney's fees, except as otherwise provided herein. 14. E UITABLE DISTRIBUTION - GENERAL C NSIDERATIONS: The parties have attempted to distribute their marital prop y in a manner which conforms to the criteria set forth in Section 3502(a) of the Penns vania Divorce Code, and taking into account the fo llowing consideration: the length ofthe iage; the age, health, station, amount and sources of income; contribution of each party the opportunity of each party for future acquisitions of capital assets and income; the sources 0 income of both parties, including but not limited to medical, retirement, insurance or oth benefits; the contribution or dissipation of each property, including the contribution of each sp use as a homemaker; the value of the property set apart to each party; the standard ofIiving of the parties established during the marriage; and the economic circumstances of each part at the time the division of property is to become effective. 15. SUCCESSORS' RIGHTS AND LIABI ITIES: InitialS,1/{. Initials:1.,$ Page 11 ofl7 This Agreement wi1~ except as otherwise provided here' be binding upon and inure to the benefit ofthe parties hereto, their respective heirs, executors administrators, successors or assigns. 16. ENTIRE AGREEMENT: Wife and Husband do hereby covenant and warrant that t . Agreement contains all of the representations, promises, and agreements made by either of hem to the other for the purposes set forth in the preamble hereinabove; that there are no laims, promises, or representations not herein contained, either oral or written, whic will or may be charged or enforced or enforceable unless reduced to writing and signed by oth of the parties hereto; and the waiver of any tenn, condition, clause or provision of this Agr ement will in no way be deemed to be considered a waiver of any other tenns, conditions, clauses or provisions of this Agreement. 17. ADDITIONAL INSTRUMEN S: The Husband and Wife will, at any and all times, upon r est by the other party of his or her legal representatives, make, execute, and deliver any and all s ch other and further instruments, Deeds, notes, releases, car titles, tax forms, insuranc forms, or such other writings as may be necessary or desirable for the purpose of giving full for e and effect to the provisions of this Agreement and as their respective counsel will mutually a ee should be executed in order to fulfill promptly the terms of this Agreement. 18. GOVERNING LAW: Initialsd Initial~ Pagel20fl7 All matters affecting the interpretations 0 f this Agreeme t and the rights of the parties hereto will be governed by the laws of the Commonwealth ofP ylvania. 19. INDEMNIFICATION UPON B If for any reason either the Husband or the Wife fails to erform his or her obligations hereunder to the other spouse, and the other spouse incurs any e ense thereby (including but not limited to legal fees) in enforcing his or her rights, the spouse w failed to perform the obligations agrees to reimburse and indemnifY the other spouse d hold him or her harmless for any and all such expenses. Each party hereby agrees to pay all attorney's fees and co ts oflitigation that the other spouse may sustain or incur in any way whatsoever as a consequ nce of any default or breach by the other spouse of any of the terms or provisions of this Agreem t; provided that the party who seeks to recover such attorney's fees, and costs oflitigation must rst be successful in whole or in part, before such liability may be imposed. It is the specific a eement and intent of the parties that the breaching or wrongdoing party will bear the burd and obligation of any and all costs and expenses and counsel fees incurred by him or herself as ell as the other party in endeavoring to protect and enfurce his or her rights under this A 20. INDEPENDENT COVENANT Each of the respective rights and obligations of the parties ereunder will be deemed independent and may be enforced independently irrespective of an ofthe other rights, and obligations set forth herein. Initials./! Initial~ Page 13 of17 In case any provision of this Agreement should be held t be contrary to, or invalid under, the law of any country, state or other jurisdiction that is a plicable to this Agreement, such illegality or invalidity will not affect in any way other pro sions hereto, all of which will continue, nevertheless, in full force and effect under the law oft e country, state, or other jurisdiction that is applicable to this Agreement. 21. NO MERGER IN DIVORCE DE REE: In the event that either of the parties shall recover a final udgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions ofthe Agreement may be incorporated by reference or in substance but will not be eemed merged into such judgment or decree of absolute divorce and will be entirely indep ndent thereof. 22. SUBSEQUENT DIVORCE: There is pending between the parties and action for divor instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed 06-266, Civil Term. The Husband and Wife agree that their marriage is irretrievably brok and that the same will be dissolved pursuant to Section 3301(c) of the Divorce Code ofP ylvania. The parties therefore agree as follows, TO WIT: (1) Wife will file with said court an Affidavit nder Section 3301(d)(1) of the Divorce Code within seven (7) days ofthe 'gning of this Agreement; (2) Unless either party will have requested co cling prior to the filing of said Affidavit of Consent, the right to reque t such counseling will be deemed waived; Initials,d InitialsY~ Page 140fl7 (3) The Court of Common Pleas ofCumberI d County, Pennsylvania will retain jurisdiction over the parties and ca ses of action resolved herein. Initials d Initial~..)1 Page 15 ofl7 IN WITNESS WHEREOF, 1 have hereunto willingly and vol tarily set my hand and seal to this MARRIAGE SETTLEMENT AGREEMENT, this -L1..- da of M'7 ' 200~. (SEAL) ~~~-Q Itness ITNESS WHEREOF, I have hereunto willingly and volu tarily set my hand and seal to ~GE SETTLEMENT AGREEMENT, this -1L da of "71l ~ ' 200-6 (SEAL) Witness Initial~ Initial~ Page 16 ofl7 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the f 1'0 day of MolJ. , 2001, officer, personally appeared KARL A. GO~BEL, known to me the person whose name is subscribed to the within instrument, executed same for the purposes therein contained. efore me, the undersigned r satisfactorily proven) to be d acknowledged that he IN WITNESS WHEREOF, 1 hereunto set my hand and 0 cial seal. ~ Notary Public 2008 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the / / 7!: day of Un u ' 200.k, efore me, the undersigned officer, personally appeared TAMARRA r.'I1. GOBBEL, known t me (or sal1sfactonly proven) to be the person whose name is subscribed to the within instrum t, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and 0 \ .;1. (SEAL) NOTA RIA PATRICIA 0 HESSON NotOly Public CITY Of CAMP HIll CUMBERLAND COUNTY ',1y Commllllon Explre. Feb 26. 2008 Initi~ Initial~...J Page 170f17 .-~.....,..-..........~' '. ~~"'J,\"N. . l>O?Z3\J, 0 A\..fl~1;~~~ ~ ClIId"q ,,(N"'" . .. . ' ~ cu.Af\':) "\0 \:,,\-j, ,;1\ ","I'JS138t.\\J, ,.("i/<\jO~) ,,:-fl';1 ,_ \tf,\t<1f'l\;::'h -,:h' ,"' "~,""Q~..;.:''J\t.,,,,:~. Q"1.,,'''-~ ~"' ~ ...~."":~_..- 1'" J{"> .,: \,;\\p.~~ .....()'?'1-:I;i .,.' ..)\\<:\,.,4 ~,' I }\~ ~t~~;': ,~~.:,i:~1:,~~;~~r'.J,"\.. , ....~;~U...):)' , - , '&! "0" . ~:'~ ~. t-C> c~-i' c~} i,T" S~;.., '-'", -- (,-,'J .~..\.) :::f. t:~ c.,) c.,) 'G o ..n --' :1:""" ('1'1 r:. :.~~;~:j () /.~ \ ":;':, ~~\?\ ~." ':>:< Karl A. Gobbe~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 06-266 Civil Term Tamarra Marie Gobbel, Defendant CIVIL ACTION -- LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: January 19,2006, defendant signed Acceptance of Service which was filed with the Prothonotary on January 25, 2006. 3. Date of execution of the affidavit of consent required by ~ 3301 (c) of the Divorce Code: by the plaintiff May 11, 2006; by the defendant on May 11, 2006. 4. Related claims pending: None. 5. Date plaintiffs Waiver of Notice was filed with the prothonotary: May 16, 2006. Date Defendant's Waiver of Notice was filed with the prothonotary: May 16, 2006. ~!l!td: Attorney for Plaintiff I", ~ = (::;::. 0"" L- c::: .....'~,;Oo ...,..-.. ~ --4 :I:-n n'E :~\~). .-c -H "~t~~ ~:::\ -,:~ ~ I c.f1 -0 :1: N f".,) <Ii <Ii <Ii <Ii <Ii <Ii <Ii IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. KARL A. GOBBEL, <Ii <Ii ;!; ;!; <Ii ;!; Plaintiff No. 06-266 TAMARRA M. GOBBEL, VERSUS Defendant DECREE IN DIVORCE <Ii;!; AND NOW, 1~kA. G- , uo~ , IT IS ORDERED AND ;!; <Ii <Ii DECREED THAT KARL A. GOBBEL , PLAI NTI FF, <Ii <Ii AND TAMARRA M. GOBBEL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ORDERED and DECREED that the Marriage Settlement Agreement executed by and between the parties, dated the 11th day of May, 2006, is incorporated by reference into this Decree for the purposes of enforcement, but shall not be deemed to have this Decree. ;!; <Ii ;!; <Ii;!; <Ii;!; <Ii <Ii PROTHONOTARY ;!; <Ii ;!; ;!; <Ii ;!; ;!; ;!; <Ii ;f. ;!; ;f. ;f. ;f. ;f. J. ;f. ;f. ;f. -~:2 ~ ~~ ?C? ')/-17 ~ p~ ~ ~ -~ ?Jt1- 'J/'~ ... , . . .. ~. '" to" 4/i:'~"''''\.. . ~. L , ~