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HomeMy WebLinkAbout06-4327 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n Ii BRENT A. GOCHENAUR, No. O(o - ?J 3?'7 C. ! U tl?l Plaintiff VS. TONYA G. BLACK-GOCHENAUR, Divorce - §3301(c) Defendant 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 also lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Court House Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone - (717) 249-3166 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR, No. Q(o - ?/ 3a C/U l` Plaintiff VS. TONYA G. BLACK-GOCHENAUR, Divorce - §3301(c) Defendant COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, by his counsel, Blakey, Yost, Bupp & Rausch, LLP, and seeks to obtain a Decree in Divorce, from the above named Defendant. 1. Plaintiff is Brent A. Gochenaur, who currently resides at 30 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065 having resided there since August 30, 1998. 2. Defendant is Tonya G. Black-Gochenaur who currently resides at 30 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065 having resided there since August 30, 1998. 3. Although the parties are residing at the same address, they are not cohabiting as husband and wife as of the date of filing this Complaint in Divorce. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. ? 3 ! r l 5. The Plaintiff and Defendant were married on August 29, 1998 in Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests your Honorable Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to grant the relief requested. BLAKEY, YOST, BUPP & RAUSGU, LLP jpbO'ranski, Jr., Esquire Supreme Court Id. # 82585 Attorney for Plaintiff 17 East Market Street York, PA 17401 Telephone (717) 845-3674 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1S Pa. C.S. 4904 relating to unworn falsification to authorities. Dated: ha iT ? ?t ? w? V } l? 'r ?_ i .-C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR, Plaintiff Docket No. 06-4327 Civil Term VS. TONYA G. BLACK-GOCHENAUR, Defendant Divorce- §3301(c) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK ss Before me, a Notary Public, in and for said County and State, personally appeared Norma M. Doll, who, being duly sworn according to law, deposes and says that on August 3, 2006, she mailed to Tonya G. Black-Gochenaur a true and correct copy of the Complaint filed in said matter, by Certified Mail, Return Receipt Requested, as appears by mailing receipt #7005 2570 0000 2027 7491 attached hereto and made a part hereof and that the said Complaint was served on the said Tonya G. Black-Gochenaur on August 5, 2006, as appears by the return receipt and delivery card attached hereto and made a part hereof. BLAKEY, YOST, BUPP & RAUSCH, LLP IKw+t..- No Doll, ralegal Sworn and subscribed to before me this day of A .?gust, 2006. -CAVI 91 No Pub is Y VANI NOTARIAL SEAL ILEEN S. KRONE, Notary Public City of York, York County M Cannnssion Expires March 28, 2009 A . , • - cr ru EFI 0 L U Q - ru Cewibd FM r C2 Q Readcted txtber/ Fee R I o r` M rs aim rU Tote) Postage 6 Feet ,? Ln Q o e Ton y a G Black-Gochenaur -. r` .....:....... ............-----........- .. . aFwi 1m:' ' "" 30 Woodview Drive arFOeoxnn. Gii;'smr:;nPw- ---- pA...-1906 s Y--SPr? 4s% • CcrrplaM ksrrra f • 2 and 9 ANo oontpleta tdrrt yow nam and Odra thson rwaras 4 o0 owwo Can rs" ow card to you._ r Anoch gft cad to go back of the rAdOO • erfoMa had H apace pwmft 1. Artlf?1A d? ?; A. sW_ndm? D. I$ 00*8ec"WoaMm lKn l? un. M YES. wIsr dootary.ddwa. b&w 0No Tonya G. Black-Gochena ur ` s 30 W=Iview Drive 17U 5 ='= Mt. golly Springs. PA & BOOM M RIONE p 1"vcw'w mwQ"m" 13Ymwd ma a 2-D s. a«a+owd WJW fflkM wd o y.a 7005 2570 0000 2027 7491 L ftm OWN U60 titncga.oxa.•,wa pomistlalHa/um Reodgt N A ?, ry G l.. N ro - V .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR, Plaintiff Docket No. 06-4327 Civil Term VS. TONYA G. BLACK-GOCHENAUR, Divorce - §3301(c) Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 16, 2006. 2. The marriage of 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. J, ? 4? LA - A01a L-4--aLi Dated: ' T ya G. Black-Gochenaur ? r? -c'? ? ? ? ;= ? ?? =' ?' ?"" t`t "" , -c, t- ? ??t ? ; 0 * ? " ` ' r ?' ?;._ ..tom` ?'..%: ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR, Plaintiff Docket No. 064327 Civil Term VS. TONYA G. BLACK-GOCHENAUR, Defendant Divorce - §3301(c) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(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. Dated: ( 50-al 50 - Toil?A G. Black-Gochenaur C^?y LID IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR Plaintiff File No. 06-4327-Civil Term VS. TONYA G. BLACK-GOCHENAUR Defendant CIVIL ACTION - LAW DIVORCE - §3301(c) NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, (select one by marking 11XII) X prior to the entry 'of a Final Decree in Divorce, after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Tonya G. Black , and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704. DATE: Si e hh_ ??q 4 OLCYL Si tune of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK ss On the 111 day of , 2007, before me the Prothonotary/ a Notary Public, personally appeared the awn to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and NOTARIAL SEAL ILEEN S. KRONE, Notary Public City of York, York County My Commission Expires March 28, 2009 n `,4 oQ is W {e 0 d Fes` .w r, I co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR, Plaintiff Docket No. 06-4327 Civil Term VS. TONYA G. BLACK-GOCHENAUR, Divorce - §3301(c) YY1 Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 16, 2006. 2. The marriage of 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: !t j uga enaur N -J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR, VS. Plaintiff Docket No. 06-4327 Civil Term TONYA G. BLACK-GOCHENAUR, Defendant : Divorce - §3301(c) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. C-) 2. I understand that I may lose rights concerning alimony, division o"1 op 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. Dated: f? 1 N C- __,, FTIE a 1 b&-y3a7 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made the 9'#1 day of X17 J $ "72006, between TONYA G. BLACK-GOCHENAUR ("Wife") and BRENT A. GOCHENAUR. ("Husband"). WITNESSETH: WHEREAS, the parties are married and have one minor child born of the marriage; and WHEREAS, a divorce complaint was filed in this matter by Husband on ? Y 1(/10 6 , 2006 and was served on Wife on ?4 ° G , 2006. WHEREAS, each party has been advised of that they are free to retain counsel of their choice and each party has agreed to allow Blakey, Yost, Bupp & Rausch, LLP to represent them and each party waives any conflict arising from same. WHEREAS, the parties are each aware of the assets, debts and general financial condition of the parties jointly and individually and desire to settle all the rights and obligations growing out of their marriage. NOW THEREFORE, in consideration of the promises and terms in this Agreement, Husband and Wife, each acting freely, voluntarily and intending to legally bind themselves and their respective heirs, executors, administrators and assigns, agree: I . Advice of Counsel. Husband and Wife are both represented by John J. Baranski, Jr., Esquire and acknowledge that Baranski has advised them of the conflict and Husband and Wife, by signing below, agree to waive the conflict. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledges and agrees that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 2. Separation. Husband and Wife shall live apart as if single and without any interference from the other. Neither party shall seek to persuade or compel the other to resume a relationship or cohabitation. 3. Purpose and Intent. The parties intend through this Agreement to settle forever and completely all interests and obligations, which arise as a result of their marriage. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. The mutual benefits obtained by the parties under the terms of this Agreement form the consideration for the exchange. Both parties by signing this Agreement stipulate and acknowledge and admit the adequacy of this consideration. The parties intend that this Agreement should be interpreted fairly and simply, and not for or against either of the parties, regardless of who prepared the Agreement. 4. Debts. All marital debts have been divided. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable. Neither party shall contract or incur any debt or liability for which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. All future debts incurred by the parties shall be their individual responsibility. 2 5. Support of Spouse. Wife has been advised of her right to seek support and Wife agrees to waive any claim for Spousal Support, Alimony or Alimony Pendente Lite from Husband. Husband has been advised of his right to seek support and Husband agrees to waive any claim for Spousal Support, Alimony or Alimony Pendente Lite from Wife. 6. Support of Child. To the extent permitted under Pennsylvania law, Wife hereby agrees to waive any right or claim for Child Support from Husband. To the extent permitted by Pennsylvania law, Husband agrees to waive any right or claim for Child Support from Wife. 7. Real Estate. Wife will retain and continue to occupy the marital residence located at 30 Woodview Drive, Mt. Holly Springs, PA 17065. The property is current deeded in the name of both spouses. Husband agrees that withinl0 days of executing this agreement, Husband will execute a Special Warranty Deed conveying all his rights, title and interest in the marital residence to Wife. Husband agrees waive any right, title and interest that he may have in this marital residence acquired during the marriage. 8. Real Estate Taxes. Wife shall be solely responsible for all mortgage payments, liability, taxes, assessments, insurance and the cost of maintenance on the marital residence. Wife shall hold Husband harmless from any liability for these payments. 9. Automobiles. Wife shall have as her sole and exclusive property, title to and possession of the 2000 Ford Escort. Husband shall have as his sole and exclusive property, title to and possession to the 2000 Lincoln Navigator. Each party agrees to be solely responsible for the costs of repairs, maintenance, registration, insurance, and/or inspection their vehicle. Within 10 days from the execution of this agreement, the parties will execute the necessary PENNDOT forms to effectuate the transfer of title of the vehicles as stated above. 3 10. Employment-Derived Property and Life Insurance. Any policies of life insurance or employment derived property in the nature of a pension plan, 401 K Plan, IRA's, stock options, employee benefit or employee savings plan not specifically mentioned in this Agreement shall become the sole and separate property of the party whose life is insured by the policy or by the person who is the participant in such plan, or owner of such stock, free from any legal and/or equitable claim of the other. After the signing of this Agreement, the party who owns the policy or who is the participant in such plan shall be free to borrow against the policy, change the coverage and redesignate the beneficiary. If however either party fails to redesignate a beneficiary under any such policy and the named beneficiary continues to be the other party, that party shall have the right to collect whatever benefits arise as a result of such designation regardless of any separation or divorce occurring after the signing of this Agreement and 20 Pa C.S.A.§6111.2 shall not bar recovery of any such benefits. 11. Health Insurance and Prescription Coverage. Wife will secure her own health insurance and prescription coverage and provide health insurance and prescription coverage to the parties' minor child. Husband will secure his own health insurance and prescription coverage. 12. Jewelry. Wife shall retain as her sole and separate property all jewelry. Husband waives any interest he may have in the jewelry. 13. Other Personal Property. The parties have agreed to a division of their personal property, which includes furniture, furnishings, appliances, household items, photography equipment, audio equipment, video equipment, computer and electronic equipment, clothing, jewelry, firearms, tools, lawn and garden equipment, hunting and fishing apparels and equipment 4 w and other personal items. After this division, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property, which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 14. Counsel Fees. Husband shall each be responsible for payment of attorney's fees, costs and expenses related to the action in divorce. 15. Additional Instruments. With in ten (10) days following the expiration of the 90- day period after service of the complaint for a No Fault, the parties agree to execute all necessary Affidavits of Consent and/or Waivers of Notice of Entry of a Divorce. Further, each party shall at the request of the other sign, acknowledge and/or deliver to the party any and all documents or papers as may be reasonably required to give full force and effect to the terms in this Agreement. 16. Discharaeabilityf Obligations in Bankruptcx. The obligations and duties of the parties under this Agreement shall not be dischargeable in any bankruptcy proceedings in the future, including the provisions relative to property distribution, payment of marital debts and/or payment counsel fees, costs and expenses of this litigation, as applicable. 17. Controlling- Law. Pennsylvania law shall govern the interpretation of this Agreement. If any part of this Agreement is held to be invalid or unenforceable, all other provisions shall continue in full force and effect. 18. Default. If one party has failed to perform any of the terms of this Agreement, 5 the other has the right to sue for specific performance or damages. 19. Attorneys' Fees for Enforcement. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees incurred by the other party for services rendered in enforcing the Agreement, including those services provided which resolve the breach by a settlement of the parties without the necessity of Court intervention and/or any Court proceedings to compel the breaching party's performance. 20. Modification. Change of any of the terms of this Agreement shall be effective only if made in writing and signed with the same formality as this Agreement. The failure of either party to insist upon strict adherence to any of the terms of this Agreement shall not mean that the party gives up the right to require strict adherence to the terms at a later time. 21. Entire Agreement. This Agreement contains the entire understanding of the parties. No other representations, promises or terms have been made between the parties. 22. Agreement Binding on Heirs. Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. Future Cohabitation. If in the future the parties should live together, such cohabitation, regardless of duration, shall not invalidate any of the provisions of this Agreement. 24. No Merger in Divorce. When either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed 6 merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. 25. Agreement to be Incorporated into Divorce Decree. The parties, agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof IN WITNESS WHEREOF, the parties, intending to be legally bound and intending that this Agreement be treated as a contract under seal, have signed this Agreement, acknowledging receipt of a copy of this Agreement. WITNESS: r Brent A. Gochenaur Dated: ?`?' ?')6- ?? c t r r }?; - (Seal) Tonya G: Black-Gochenaur Dated: r !? 7 7or ' q , i f P f in IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. GOCHENAUR, Plaintiff Docket No. 06-4327 Civil Term VS. TONYA G. BLACK-GOCHENAUR, Defendant To the Prothonotary: Divorce- §3301(c) PRAECIPE TO TRANSWr RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code 2. Date and manner of service of the complaint August 5, 2006, by Restricted Certified Mail. 3. Date of execution of the affidavit required by §3301(c) of the Divorce Code: By Plaintiff. 10/13/07 By Defendant: 01/30/07/07 4. Related claims pending: None. All issues settled by Weement between the parties Paragraph 24 provides for incorporation into the decree, but not to be merged. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: 10/19/07 Date Defendant's Waiver of Notice was filed with the Prothonotary 03/01/07 6Z9 ---- . Baranski, Jr., Esquire Attorney for Plaintiff 2 rya r f7 C . , ,e 7 ..C r- fi w cil } } } } } Y T T T } I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY } } } STATE OF PENNA. NO. 06-4327 Civil Term BREN'T' A. GOCHENAUR VERSUS TONYA G. BLACK-GOCHENAUR DECREE IN DIVORCE AND NOW, November , 2007 , IT IS ORDERED AND DECREED THAT BRENT A. GOCHENAUR , PLAINTIFF, AND TONYA G. BLACK-GOCHENAUR ,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; BY THE COURT: PROTHONOTARY i