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HomeMy WebLinkAbout06-4528DONALD GOODYEAR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CINDY GOODYEAR NO. 2006 -v&;2,PCIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A 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 County Lawyers Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 r , SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff DONALD GOODYEAR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CINDY GOODYEAR : NO. 2006 - 4/JWCIVIL TERM Defendant : IN DIVORCE AND NOW, COMES, the above-named Plaintiff by and through his attorney Scott A. Stein, seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 16 Gunpowder Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and is a citizen of the United States. 2. Defendant is an adult individual residing at 16 Gunpowder Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for fifty-two (52) years and has resided continuously therein for at least six (6) months prior to filing of this Complaint. 4. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for forty-six (46) years and has resided continuously therein for at least six (6) months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on October 21, 2000, in Cumberland County, Pennsylvania. COUNT I - DIVORCE - DIVORCE 6. Paragraphs 1-5 of this Complaint are incorporated herein by reference thereto. 7. Plaintiff avers that the marriage between the parties is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling, but does not request the same. COUNT 11- DIVORCE - EQUITABLE DISTRIBUTION 9. Paragraphs 1-8 of this Complaint are incorporated herein by reference thereto. 10. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: That a decree in divorce be entered granting equitable distribution. ? e WHEREFORE, Plaintiff, Donald Goodyear, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. B. The Court enter an order of equitable distribution of marital property. Respectfully submitted, S tt A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ID # 81738 Date: I . SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff DONALD GOODYEAR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CINDY GOODYEAR Defendant CIVIL ACTION -LAW NO. 2006 - CIVIL TERM IN DIVORCE VERIFICATION I, Donald Goodyear verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. p Date: 0 ' y C? to 6,x '. Donald Goodyear O c o Q O C A rr4 Z u} mac` v N O T a chi -v s 0 sv I Qn.? A:33 9 -c (ZOO L 1 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 DONALD GOODYEAR, Plaintiff V. CINDY GOODYEAR Defendant Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 -4528 CIVIL TERM IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Scott A. Stein, Attorney for Plaintiff, Donald Goodyear and certifies that on August 7, 2006, he did serve the Defendant, Cindy Goodyear with a true and correct copy of the Divorce Complaint filed against her alleging the parties' marriage was irretrievably broken under Section 3301(c) and Section 3301(d) of the Divorce Code. Said complaint was served upon the defendant by placing same in an envelope, certified mail, restricted delivery, return receipt requested, and by regular mail and addressed Cindy Goodyear, 16 Gunpowder Road, Mechanicsburg, PA 17050. M Service of Plaintiffs Complaint on the Defendant, Cindy Goodyear was effected on August 22, 2006 . A true and correct copy of the U.S. Postal Service Return Receipt is attached hereto and the original is affixed to the reverse of this document. [ ] Service of Plaintiffs Complaint on the Defendant, Cindy Goodyear was effected on . A true and correct copy of Defendant's Acknowledgment of Service is attached hereto and the original is affixed to this document. Date: ?-/-O Respectfully submitted, colt A. Stein, Esquire ti r PNntyov,wt»andao- an MISrowei sofMwscann! um Mrordtoyou. ¦ Athoh MIN owd to the beds of the mW"wo, canto Aorlt R apwo pwn*L i. AIom AlAwrd to: its 2MMQA/ /rQA & RIatptl by ( M W* IC. DW of D, b m*..yaoedr aliw,t Inn f? O Yn ¦vEB, «IeW mvwy.mlw ONO 9. rip. ma 0 pw~md O RplNmd A Rbm Rwk - for Mw4hwww 0 Mmllnd MY 0 c.om. 4. RMUI" DsRrwy?49ft AW 2 AHMG MWFAW '- (haMrMwwr, ft" 7001 2510 0006 5849 7096 P9 Farr138l1, fybraey 2004 DomNtic Rat. R..w ,meo6o¢an rsa C? o _ ` C rn -"n t, 17 y, T G C: SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff DONALD GOODYEAR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CINDY GOODYEAR NO. 2006 - 4528 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing Plaintiff's Interrogatories Addressed to the Defendant Cindy Goodyear upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Gary L. Rothschild, Esquire 2215 Forest Hills Drive, Suite 35 Harrisb , PA 17112 Janet E. Bush, Paralegal Date: V)- -?r;) '6to a ??? G?, =- __- ,?: ? ? ?? ,v - r? ?,?t i` .f?.w -. yr! S ??' 1 ?'w.1 f?. ?? ?r SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff DONALD GOODYEAR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CINDY GOODYEAR NO. 2006 - 4528 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing Plaintiff's Request for Production of Documents Directed to the Defendant Cindy Goodyear upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Gary L. Rothschild, Esquire 2215 Forest Hills Drive, ite 35 Harrisburg, PA 17 1 r\Je A u ° v?,r i E. Bush, Paralegal Date: /Q - a";> _6& t? ?,: _?,; r: --• ''?? ? ?? ???? MATRIMONIAL SETTLEMENT AGREEMENT st- THIS AGREEMENT, made this 31 day of July, 2007, between CYNTHIA L. GOODYEAR, hereinafter referred to as "Wife" and DONALD E. GOODYEAR, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto, being Husband and Wife were lawfully married on October 21, 2000 in Cumberland County, Pennsylvania; and WHEREAS, there were two children born of the parties, namely Crystal L. Goodyear and Shawna M. Goodyear, and WHEREAS, Husband has commenced an action in divorce in the Court of Common Pleas of Cumberland County, docketed to No. 2006-4528 (hereinafter referred to as the "Divorce Action"); and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate; and WHEREAS, the parties hereto, Wife being represented by Gary L. Rothschild, Esquire, and Husband being represented by Scott A. Stein, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned by each as requested or chosen to forego such exchange of information; and WHEREAS, Husband has responded to Wife's Interrogatories and Requests for Production of Documents; and WHEREAS, Wife has responded in-part to Husband's Interrogatories and Requests for Production of Documents, to which Husband hereby waives the need for Wife to complete her response to Husband's Interrogatories and Requests for Production of Documents, and waives his claim to such information. NOW THEREFORE, the parties hereto, in consideration of the above recitals, premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on legal grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of 2 ? - r the other party, which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code. Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN 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 and specifically referenced in the Divorce Decree. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. S. FINANCIAL DISCLOSURE The parties confirm that each has relied on the accuracy of the financial disclosure, to the extent requested and provided by the other party, as an inducement to the execution of this Agreement. Husband hereby waives the need for Wife to complete her response to Husband's Interrogatories and Requests for Production of Documents, and waives his claim to such information. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10. DIVISION OF BANK ACCOUNTS A. The parties hereto mutually covenant, acknowledge and agree that they shall divide the following financial accounts as indicated in this agreement and each agrees to the following: 4 1) Husband and Wife shall each receive one-half (50%) of the balance in the escrow account established at Sovereign Bank, which has a current balance of approximately Two Hundred Twenty Thousand ($ 220,300.00) Dollars, representing the proceeds of the sale of the marital residence (16 Gunpowder Road, Mechanicsburg, Pennsylvania). Husband and Wife, by execution of this Matrimonial Settlement Agreement, authorize Wife's counsel to issue checks, to accomplish the aforementioned division of the escrow account. If requested by Wife, Husband agrees to repay to Wife one-half of the income taxes resulting from the interest earned on the escrowed funds as this interest will be reported to the IRS for tax year 2007 under Wife's Social Security Number. 2) Husband and Wife have equally divided the taxes escrowed by their prior lender, in the amount of approximately $ 3,874.09, and each waives any claim against the other for said monies. 3) Wife shall transfer any and all interest she has in the Scottrade Account (account number 35638859) to Husband upon Husband's payment to Wife of the sum of Twenty-Two Thousand ($ 22,000.00) Dollars. 4) Husband and Wife have divided the balance held in the Fulton bank checking account (account number 14835) to the mutual satisfaction of both parties and each waives any claim against the other for said funds. B. The parties further agree that they have separated the following financial accounts to their mutual satisfaction and each agrees to the following: 1) Husband shall receive and be the sole owner of: a) The Commerce Bank savings and checking accounts (numbers 32070732 and 430058997), and 5 b) Any savings accounts, savings bonds and bank accounts in Husband's name alone. 2) Wife shall receive and be the sole owner of: a) The Members 1St savings and checking accounts (numbers 13647 and 290511), and b) Any savings accounts, savings bonds and bank accounts in Wife's name alone. 3) Wife shall maintain and use only for the care of the minor children the following accounts: a) The Members First CD/Savings accounts (account number 187007) held jointly with Crystal Goodyear, and b) The Members First CD/Savings accounts (account number 213792) held jointly with Shawna Goodyear. c) Husband agrees to the transfer of the accounts held for the future benefit of the parties' children to Wife, jointly with the minor child. Wife agrees to notify Husband when any of such funds are used for the benefit of the minor children and the purpose of said usage. The parties hereto mutually covenant, acknowledge and agree that any monies, interest or dividends received subsequent to the execution of this agreement shall be the property of the party receiving the asset from which the payment, interest or dividend arose. The parties hereto mutually covenant, acknowledge and agree that any bank/credit union accounts or brokerage accounts not identified in this paragraph, which is held solely in individual names, shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, release, renounce and forever abandon whatever right, 6 title, interest or claim he/she may have in the other party's respective accounts as well as those listed in this paragraph. 11. DIVISION OF AUTOMOBILES. A. Division of automobiles. The parties acknowledge that they are the owners of two automobiles. The parties agree to the following division of these items: 1) The 1998 Lincoln Continental shall become the sole and exclusive property of Wife. There is no outstanding debt on this vehicle. 2) The 2007 Lexus GS 350 automobile shall become the sole and exclusive property of Husband. Husband agrees to be responsible for any outstanding loan associated with this vehicle. B. Transfer of Ownership. The parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicle, if appropriate, to effectuate the transfer as herein provided on the date of execution of this Agreement and said executed title/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. C. Indemnification. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall (i) take it subject to said lien, encumbrance, lease or other indebtedness; (ii) shall be solely responsible therefore and (iii) agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc. set forth in this Paragraph. 12. PERSONAL PROPERTY The parties have previously divided all items of personal property to the mutual satisfaction of both parties. Accordingly, the parties hereto mutually agree that Wife shall be the sole owner of all items in her possession and those items located at Wife's residence, known as 1150 Fleming Drive, Mechanicsburg, PA. The parties agree that Husband shall be the sole owner of all items in his possession. 13. RETIREMENT BENEFITS ASSETS AND PLANS The parties acknowledge that, as a result of their employment prior to and during the marriage, each party has accumulated retirement benefits, including, but not limited to, Husband's CSRS retirement account, TSP (Thrift Savings Plan) account, 401(k) accounts and IRA accounts and Wife's CRS retirement account, TSP account, 401(k) accounts and IRA accounts. The parties acknowledge that they have exchanged full information about the above- referenced benefits, had them examined and valued by experts, or elected to voluntarily waive such valuation, and have reached agreement upon the distribution of those assets in the future. With regard to such benefits, accounts and assets, the parties agree that Wife shall receive and be entitled to any and all retirement benefits, CSRS retirement accounts, deferred compensation accounts, 401(k) accounts, 403(b) accounts, individual retirement accounts, defined contribution retirement accounts, SIMPLE accounts, SEP accounts, or other retirement accounts now, or in the future, in her name or earned by her through her employment. Husband shall receive and be entitled to all retirement benefits, CSRS retirement accounts, deferred compensation accounts, Keogh, 401(k) accounts, 403(b) accounts, individual retirement accounts, defined contribution retirement accounts, or other retirement assets now, or in the future, in his name or earned by him through his employment. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the retirement plans separately stated in this paragraph as well as any Pension Plan, CSRS retirement account, SEP plan, SIMPLE account, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, individual retirement account, Stock Plan, Tax Deferred Savings Plan and/or any other employee benefit plan of the other party (collectively referred to as "Employee Benefit Plans") and hereafter said Employee Benefit Plans shall become the sole and separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carried. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 14. REAL PROPERTY-WIFE'S NEW RESIDENCE. A. Subsequent to the parties' separation, Wife purchased a residence at 1150 Fleming Drive, Mechanicsburg, PA (hereinafter referred to as "Wife's residence"). Husband does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in Wife's residence which is the sole and separate property of Wife. B. Wife agrees to be solely responsible for the mortgage or any other liabilities associated with the purchase of Wife's residence and agrees to indemnify, protect and save Husband harmless from said debt, late fees, or other costs associated with said debt. 15. INSURANCE POLICIES 9 Each party hereby agrees to maintain a life insurance policy or policies with a total death benefit of not less than Two Hundred Fifty Thousand ($ 250,000.00) Dollars naming the parties' daughters, Crystal and Shawna as beneficiaries, In Trust. Each party agrees to maintain these policies until the occurrence of the later of the following two events: 1) both daughters attaining the age of twenty-one (21) years and 2) both daughters being able to care for themselves. The parties agree to name Wife's sister, Lori Ulsh, as Trustee of any such insurance proceeds. The parties acknowledge that, Husband and Wife may have one or more life insurance policies, in addition to those policies required for the benefit of their daughters. With regard to any such additional policies, the parties agree that Husband shall receive and be entitled to the value of his insurance policies and Wife shall receive and be entitled to the value of her insurance policies. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the insurance policies separately stated in this paragraph and hereafter said insurance policies shall become the sole and separate property of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 16. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. 17. DEBTS 10 I I A. Husband acknowledges that any individual credit cards or other debts in his name alone are solely his liabilities and agrees to make all required payments against said liabilities until the balances are paid in full. Husband further agrees to indemnify and hold Wife and her property harmless for any and all such debts, obligations and liabilities. B. Wife acknowledges that any individual credit cards or other debts in her name alone are solely her liabilities and agrees to make all required payments against said liabilities until the balances are paid in full. Wife further agrees to indemnify and hold Husband and his property harmless for any and all such debts, obligations and liabilities. C. The parties acknowledge that they hold no joint credit cards. D. Except as stated herein, each party agrees to be solely responsible and liable for his/her debts in their individual names, as set forth above. Except as stated herein, each party agrees to pay their debts as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. E. Except as stated in this Agreement, a liability not specifically disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any remaining accounts which provide for joint liability. 18. BANKRUPTCY 11 It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. Should either party file for bankruptcy and attempt to discharge any debts for which that party has been encumbered or agreed to pay, under this agreement, the decision as to whether or not said debts may be discharged shall rest with the Cumberland County Court of Common Pleas and the parties hereto acknowledge that said Court shall have exclusive jurisdiction to render this decision. 19. LEGAL FEES COSTS AND EXPENSES Wife acknowledges that she has been represented in this matter by Gary L. Rothschild, Esquire and Husband acknowledges that he has been represented in this matter by Scott A. Stein, Esquire. The parties acknowledge and agree that each shall be responsible for the payment of the fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and all costs and expenses incurred by that party. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 20. CUSTODY COLLEGE and OTHER EXPENSES FOR THE PARTIES' MINOR CHILDREN A. CUSTODY: The parties hereto mutually agree that they shall have shared legal custody of their minor children, that Wife shall have primary physical custody of the children and that Husband shall have partial physical custody of the children, with the days/times of said partial physical custody to be mutually 12 1 t / agreed to by the parties. Both parties agree to keep each other informed if they are to be away from their residence for more than 24 hours and provide a telephone number or other method of contacting the other party. Both parties agree that the minor children shall have reasonable telephone access to both parents. B. COLLEGE: The parties agree that they shall each contribute one-half (50%) of the college expenses for their two minor children. College expenses are agreed to include, but not be limited to, tuition, books, room and board and other expenses. C. SPECIAL NEEDS: The parties agree that their daughter, Crystal, has special needs due to autism. The parties agree to each contribute one-half (50%) of all costs associated with Crystal's future special needs, beyond those required financial contributions as dictated by the laws of the Commonwealth of Pennsylvania or such other governmental body which shall govern the obligations of divorced parents to their child. 21. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. 22. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or both parties owned at the time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this 13 Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. D. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. E. The right to have the court determine which property is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child support, spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. 14 23. FURTHER DEBT Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 24. FURTHER DEBT Husband agrees that he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 25. MUTUAL RELEASE Except as otherwise provided herein, and so long as this Agreement is not modified or canceled by subsequent written Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited to the following: spousal support, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator of the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other parties' estate. The parties agree to contribute equally for any tax, interest or penalties which cannot be attributed to one of the parties. 26. TAX ON PROPERTY DIVISION. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit reduction Act of 1984 or 15 a other similar tax acts (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and caused to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provision of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. Except as set forth in this agreement, as to transfers for which the parties are or may be jointly liable, the parties hereto agree to contribute equally to such taxes, penalties and/or interest. 27. TAX RETURNS The parties have heretofore filed joint tax returns, including federal, state and local returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either party, each agrees to indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith and the parties hereto agree to pay for any tax, penalty or interest resulting from their respective incomes or deductions. Any tax, penalty or interest resulting from the joint income or expense of the parties shall be shared equally by the parties. 28. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 29. ENTIRE AGREEMENT 16 ? r 1 This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 30. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 31. BREACH AND COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. 32. AGREEMENT ENTERED INTO VOLUNTARILY AND AGREEMENT CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B. Has given careful and mature thought to the making of this Agreement; C. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets and liabilities, or elected to waive obtaining such information; D. Has reviewed this Agreement with his/her counsel and received guidance as to his/her rights and obligations under this Agreement; E. Enters into this Agreement voluntarily after receiving the advice of independent counsel; and 17 ? r l F. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 33. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a written instrument signed by both parties. 34. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations or duties of the parties. 35. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 36. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT 18 SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Wi e s +tessa:Z: CYN IA . GOODYEAR (W DONALD E. GOODYEAR (" usband") 19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this, the 31 ?Sr day of July 2007, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared CYNTHIA L. GOODYEAR, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COM1110 NTH oR sYLVA NOTAMAL SeAkt MINDY S. GOODWN,.Nota y P (SEAL) City of iislftburg, Daf rotunty Notary Public V ;ommtssion Expires 21, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this, the day of July 2007, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared DONALD E. GOODYEAR, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMQNWE6LTH OF PENN4Y V 'i8 Notarial Sea;? Linda M. Eleezub, Naar,( P,,b?;c Hampden Twp Cumberl-?N -c My Commission Expire« < < ' Member, Pennsylvania Associattcrrt or NQiciie; r - r i T (SEAL) otary Public COMMONWEALTH OF PENNSYLVANIA 9eal iez. Notary Public Ma f .x :r:mberland County 20 MZ C., ;, „ Oct. 21, 2009 Member, Pennsylvania Association of Notaries N +d? f` i L SCOTT A STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 DONALD GOODYEAR Plaintiff V. CINDY GOODYEAR Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2006 - 4528 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 7, 2006. 2. The marriage of plaintiff and defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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. Date: IL&I r,-- C DONALD GOODYEAR -rt -' r _. _ .. ,t j z; L SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 DONALD GOODYEAR IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CINDY GOODYEAR NO. 2006 - 4528 CIVIL TERM Defendant IN DIVORCE Attorney for Plaintiff 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. 1 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. 1 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 statement 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: _ V3I 1 L??v r. DONALD GOODYEAR - -:. tip DONALD GOODYEAR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CINDY GOODYEAR NO. 2006 - 4528 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 7, 2006. 2. The marriage of plaintiff and defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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. Date: -???? '._. CINDY GO YEAR ' C U 0 ` y • - n =1 .. ,.. ? co c DONALD GOODYEAR : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CINDY GOODYEAR : NO. 2006 - 4528 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 statement 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: ////) 7 (??a &LeL??_ CINDY G DYEAR Y -` Z -T I ..w.' : 5 ri V LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Plaintiff DONALD GOODYEAR Plaintiff V. CINDY GOODYEAR, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-4528 IN DIVORCE PRAECIPE TO TRANSMIT 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on Cindy Goodyear by Certified Mail, Restricted Delivery with return receipt on _ August 7, 2006 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff July 31, 2007 ; by Defendant July 31, 2007 . 4. Related claims pending: None 5. (b) Date plaintiff s Waiver of Notice was filed with the prothonotary: August 7, 2007 . Date defendant's Waiver of Notice was filed with the prothonotary: August 7, 2007. Date: 71 Respectfully submitted, Scott A. Stein C=) C7 c-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DONALD GOODYEAR, Plaintiff No. 2006-4528 VERSUS CINDY GOODYEAR, Defendant DECREE IN DIVORCE AND NOW, GGfC/'?.w?' ?`'?• "d IT IS ORDERED AND DONALD GOODYEAR DECREED THAT CINDY GOODYEAR AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Property Settlement Agreement dated July 31, 2007 is incorporated but not merged PROTHONOTARY ???? ?