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HomeMy WebLinkAbout06-6038 ( ~ BARBARA L. GUSCHEL, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. Olo - {g03f {!1t.)lT~ MICHAEL R. GUSCHEL, 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 children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 . , JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. J.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com BARBARA L. GUSCHEL, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO. 61. -/e,(jJ;p I? LL,-~ L. iu\.' - 18 - l v. MICHAEL R. GUSCHEL, Defendant. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE COUNT I 1. Plaintiff is Barbara L. Guschel, who currently resides at 3531 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Michael R. Guschel, who currently resides at 21860 Wiley St., Neelyton, Huntington County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 15,1987 in Crestview, Florida. I .... 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Plaintiff is an inactive member ofthe United States Air Force reserves. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) ofthe Divorce Code. Respectfully submitted, ROBINSON & GERALDO . 1/~lOl; Date: 10 ~ D. Wassmer, Esquire Attorney for Plaintiff . I' .. VERIFICATION I verify that the statements made in this Complaint 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. 6o.AhCWA d 8h1ctj Barbara L. Guschel - ~ ~ 1 t ........ ~ D ~ ~ ~ ~ ~ t-' p:! )..) at J - ~ q Q u' 10 c' ::;:i c~ h~ -', - , CT' ~..: --;... (),J ~.~~ (~ ~~{J C:) --<. I I~ JAIME D. WASSMER, ESQUIRE Attorney LD. No. 200705 Robinson & Geraldo, P .C. 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717)232-8525 Fax (717)232-5098 jwassmer@robinson-geraldo.com Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BARBARA L. GUSCHEL, v. NO. 06-6038 MICHAEL R. GUSCHEL, Defendant. CIVIL ACTION PROOF OF SERVICE The undersigned makes the following return of service: the Divorce Complaint was served upon Michael R. Guschel on October 24, 2006 at 1 Schneider Drive, Carlisle, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Wassmer, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: October 26, 2006 ~~.~ J D. Wassmer Attorney for Plaintiff 1\ ~ I I . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. MIele Addressed to: . Atlchae.C ~." ~{ ~ C/o. ~netd<,r Na.qooO..l Carr{err. \ ~. l~?ch~er IX\v-t. e.ar It.,,'e., t>A l,o\ '3 2. Article Number (Transfer from service ItJb9I) PS Form 3811 , March 2001 . Is ivery address differei1t from item 1? If YES, enter delivery address below: 3. Selvice Type l!!rCertified Mail 0 9press Mail l:B"Registered ~ Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 7001 1940 ooq,~."lb87 0321 ~Ic Return Receipt 102595-Q1-M-142' (') f; <' -0 lTI rnrii Z'~:.:! "".7~' 0- (/I _/ C ~- ~Z() ...{I ;o~c:: ~ ':':2. t...,..... c::~ c..:.---'" ) -\ r,~ 0-' -- .' :J~ r:-:? (}1 BARBARA L. GUSCHEL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 06-6038 MICHAEL R. GUSCHEL, Defendant. CIVIL ACTION- LA W IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this I ~ .,;. day of Jo ntJ ~ 1 2007, by and between Barbara L. Guschel, of 3531 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Michael R. Guschel, of21860 Wiley St., Neelyton, Huntington County, Pennsylvania, hereinafter referred to as "Husband." WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on August 15, 1987; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The parties acknowledge that they have had the opportunity to receive independent legal advice from counsel of their selection and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable. It is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEP ARA nON. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. 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 at the request of either party. The parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties and may be enforced in an action independent of the Divorce Decree. The parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions ofthis Agreement regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301 of the Pennsylvania Divorce Code. 5. INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and hold harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and hold harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery ofthis Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. The parties acknowledge that Husband and Wife hold title as tenants by entireties to the premises identified as 3531 Trindle Road, Camp Hill, Pennsylvania (the "marital residence"). The parties agree Wife shall retain sole ownership 3 and possession of the marital residence and Husband shall relinquish any and all claims he has to the property. The parties agree as follows with respect to the marital residence: 1. On August 4, 2006 Husband delivered to Wife a quit claim deed conveying to Wife all of his right, title, and interest in and to the marital residence. A copy of the deed is attached to this agreement as "Exhibit A". 11. Wife shall be solely responsible for all present and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but no limited to, all real estate taxes, water and sewer rents, gas, electric expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the marital residence. 111. There is presently only one outstanding mortgage against the marital residence in favor of Wells Fargo Financial (mortgage). Commencing on the date of execution of this agreement, Wife shall be solely responsible for the timely payment of all present and future principal, interest, and other fees due under the mortgage. The second mortgage on the residence has been paid in full due to Husband's transfer of thirty-three thousand dollars ($33,000) from his 401K plan. IV. Wife and Husband have taken the necessary steps to have the mortgage transferred to Wife's name alone and this transfer has been approved by Wells Fargo Financial. v. Wife shall indemnify and hold Husband harmless from any liability, cost, or expense, including attorney's fees, incurred subsequent to the execution date of this agreement in connection with any expense required to be made by Wife including, but nit limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Wife should die, and at that time, there should remain any outstanding balances on the mortgage, it shall be Wife's estate's obligation to satisfy the mortgage. b. PERSONAL PROPERTY. The parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither party shall make any claim to any such item of tangible personal 4 property whether said items are marital property or said items are separate personal property of either party. Wife shall specifically retain possession of the those items listed in the attached Exhibit, labeled "Exhibit B." A list of the specific items to which Husband shall retain possession is attached as "Exhibit C." c. MOTOR VEHICLES. Wife is entitled to retain the 2005 Kia Sedan. Wife shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 2005 Kia Sedan and Wife shall hold Husband harmless from any liability, cost, or expenses, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the 2005 Kia Sedan. Husband shall retain the 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. Husband shall hold Wife harmless from any liability, cost, or expense, which are incurred in connection with orresulting from Husband's ownership interest in 1995 Ford F150, 1986 Pontiac Fiero, 1979 Dodge Motor Home, and the 2003 Suzuki Motorcycle. d. MARITAL DEBT. The parties agree that the Credit Cards in the Husband's name shall be paid by Husband, and the Credit Cards in the Wife's name shall be paid by Wife. Husband shall hold Wife harmless for credit card debt in his name and Wife shall hold Husband harmless for credit card debt in her name. Husband agrees to hold Wife harmless from any and all claims or demands made against her for payments, liability, costs or expenses by reason of debts or obligations incurred by Husband associated with the balance due on the CitiFinancialloan from the purchase of the Pontiac Fiero. The Citifinancial Loan, currently under both parties' names, shall be paid in full by Husband within thirty days from the execution of this agreement. If Husband fails to pay the balance of the Citifinancial Loan within thirty days, he agrees to refinance the loan to remove Wife's name as one of the borrowers. 11. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, 5 to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the party breaching this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions ofthis Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both parties and each party acknowledges that 6 this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. ~~W~~ Wit s /3~~J~ Barbara L. Guschel, Plaintiff 7 Tax Parcel No. 01-21-0275-069 flfll/il it/aim llJeelJ THIS IlIIl2N'rllRE made this tf day of Avsus+- . MJ:CBAEL R. GUSCBEL and BARBARA L. GUSCHEL, husband and wife (hereinafter referred to as Grantor(s)), 2006. AND BARBARA L. GUSCBEL, a married woman (hereinafter referred to as Grantee(s)), ~TNESSETH that the said Grantor(s), in consideration of the sum of ---ONE AND OO/100-----($1.00)----------DOLLAR, lawful money of the United States of America unto them well and truly paid by the Grantee(s), at or before the sealing and delivery thereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee(s), their heirs and assigns, ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, formerly Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the southeast corner of Trindle Road and June Drive as shown on the hereinafter mentioned plan of lots; thence southwardly along the eastern side of June Drive a distance of ninety (90) feet to a point at the division lines between Lots Nos. 50 and 51 on said plan; thence eastwardly along said division line a distance of one hundred and ten (110) feet to a pointi thence North twenty- four (24) degrees twenty-six (26) minutes West a distance of ninety (90) feet to a monument on the southern side of Trindle Road; thence westwardly along the southern side of Trindle Road a distance of one hundred and ten (110) feet to a point, the place of BEGINNING. IT BEING Lot No. 50, Block "A" on Plan of Lots of Trindle Village, Section 1, recorded in the Recorder's Office in and for the County of Cumberland in Plan Book 8, Page 31. j PLAINTIFF'S EXHIBIT A HAVInG ERECTED thereon a single dwelling with a two-car attached garage known and numbered as 3532 Trindle Road. BEXNG THE SAME PREHXSES which Dennis A. Metz and Tracy Lynn Miller Metz, his wife, by deed dated August 20, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 36-M, Page 548, granted and conveyed unto Michael R. Guschel and Barbara L. Guschel, his wife, Grantors herein. Michael R. Guschel executes this Deed to grant and convey all his right, title and interest in the within described premises to Barbara L. Guschel. THIS XS A CONVEYANCE FROH HUSBAND AND \fiFE TO \fiFE AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the lot or piece of ground described above with the messuage or tenement thereon erected hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto Grantee(s), their heirs and assigns, to and for the only proper use and behoof of Grantee(s), their heirs and assigns forever. UAND the said Grantor(s), for themselves, their heirs, executors and admdnistrators, do covenant, promise and agree, to and with the Grantee (s), their heirs and assigns, by these presents, that they, the said Grantor(s)and their heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, their heirs and assigns, against them, the said Grantor (s) and their heirs, and against all and every person and persons whomsoever lawfully claiming or to claim ~ the same or any part thereof, by, from or under him, her, them or any of them, shall and will, Subject as aforesaid WARRANT and forever DEFEND." IN ~THESS WHEREOF the undersigned Grantor(s) have executed this Deed the day and year first above written. WITNESS: !UL~~ MI L R. GUSCHE ~~~4I CCffO ~~ BARBARA L. GUSCHEL COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~cvJ ss. On this the Lf day of Aucpd ,2006, before me, the undersigned officer, personally appeared the above named MICHAEL R. GUSCHEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Indenture, and acknowledged that he executed the same for the purpose therein contained, and desired the same might be recorded as such, according to law. In witness whereof, I have hereunto set my hand and official seal. COfo,{MON\'/EdT.i OF PENNSYLVANiA NOTARCAL SEAL JOYCE H. EHR1CH. NorARY PUBLIC CAMP HlU. BORO. CUMBERLAND COUN1Y MY COMMISSION EXP~~~ER 19.2007 ~dliC ~;A o o o o 04 o 06 o o :0 LJ~ I I' '- _, __...... . 1.0FHA 2,oFmHA 3. DCONv. UNINS. 4. OVA 5.00CONV.INS. ,So DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 6. FILE NUMBER: 17, LOAN NUMBER: SETTLEMENT STATEMENT 06093CAP 0154691885 8. MORTGAGE INS CASE NUMBER: . NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "[POCr were paid outside the closing; they are shown here for informational purposes and are not included in the totals. 1.0 3/98 (06093CAP,PFDI06093CAPI22) . NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: ARBARA L. GUSCHEL WELLS FARGO BANK, N.A. 531 Tondle Road 2701 Wells Fargo Way amp Hill, PA 17011 Minneapolis. MN 55467-8000 ;. PROPERTY LOCATION: H. SETTLEMENT AGENT: 25.1722090 I. SETTLEMENT DATE: 531 Trindle Road Barristers Land Abstract Co. :amp HiD, PA 17011 August 25, 2006 :umberiand County, Pennsylvania PLACE OF SETTLEMENT Disburse:08l30/06 3310 Market Street Camp Hill, PA 17011 J. SUMMARY OF BORROWER'S TRANSACTION K SUMMARY OF SELLER'S TRANSACTION )0. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: )1. Contract Sales Price 401. Contract Sales Price )2. Personal Property 402. Personal ProoertV )3. Settlement Charaes to Borrower (Line 1400\ 8,526.78 403. )4. 404. )5. Mortaaoe Paveff to Wells Farao Home Mortaaae n,232.61 405. Adiustments For Items Paid Bv Seller In advance AdJUstments For Items Paid Bv Seller in advance J6. ciiV Taxes to 406. City Taxes to 'J7. CountvTaxes to 407. Countv Taxes to 08. School Taxes to 408. School Taxes to 09. 409. 10. 410. 11. 411. 12. 412. 20. GROSS AMOUNT DUE FROM BORROWER 85,759.39 420. GROSS AMOUNT DUE TO SELLER O. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: SOO. REDUCTIONS IN AMOUNT DUE TO SELLER: 1. Deoosit or earnest money 501. Excess DAoOAit ISee Instructions) 2. Princioal Amount of New Loanls) 86.000.00 502. Settlement Charaes to Seller IUne 1400) 3. Existlna loanls\laken subject to 503. Existlna loanls\ taken subiect 10 504. Payoff of first Mortgage 5. 505. Pawff of second Mortaaae 506. 7. 507. 8. 508. 9. 509. Adjustments For Items Unoaid Bv Seller AdiUstments For Items Unpaid By Seller O. City Taxes to 510. City Taxes to 1. CountvTaxes to 511. CourltV Taxes to 2. School Taxes to 512. School Taxes to 3. 513. 4. 514. 5. 515. 6. 516. 7. 517. 8. 518. 9. 519. o. TOTAL PAID BYIFOR BORROWER 86,000.00 520. TOTAL REDUGTlqN AMOUNT DUE SELLER O. CASH AT SETTLEMENT FROMITO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 1. Gross Amount Due From Borrower (Une 120\ 85,759.39 601. Gross Amount Due To Seller (Line 420) 2. Less Amount Paid By/For Borrower (Line 220) ( 86,000.00 602. Less Reductions Due Seller (Line 520) ( 3. CASH ( FROM) ( X TO) BORROWER 240.61 603. CASH ( TO)( FROM) SELLER 0.00 :1 :1 ~ 1 ~ 1 ~ 1 !1 !1 !1 !1 !1 ~2 10 JO JO 30 The undersigned hereby acknowledge receipt of a completed copy of pages 1 &2 of this statement & any attachments referred to herein. [)-~M'M {~/i. A p j; . '" t, I l/ ~",IIP.r '-- L. SETTLEMENT CHARGES O. TOTAl COMMISSION Based on Price $ @ % PAlO FROM PAID FROM Division of Commission (line 7001 as Follows: BORROWER'S SELLER'S 1, $ to FUNDS AT FUNDS AT 2.$ to SETTlEMENT SETTLEMENT '3. Commission Paid at Settlement <4. to ,0. ITEMS PAYABLE IN CONNECTION wrTH LOAN 11. Loan Oriaination Fee % to 12. Loan Discount 4.2500 % to WELLS FARGO BANK, NA 3,655.00 13. Appraisal Fee to Value It 300.00 14. Credit Report to Rels 14.00 15. Lender's Inspection Fee to 16. Mortaaoe Ins. ADo. Fee to 17. Processing Fee to WELLS FARGO BANK, NA 400.00 18. Document Prep.Fee 19. Tax Service Fee 10 Wells Fargo Real Estate Tax Service 72.00 O. Underwriting Fee to WELLS FARGO BANK, NA 695.00 1. Rood Ufe of Loan to Wells Fargo Flood Service 19.00 10. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 11. Interest From 08130106 to 09/01/06 @ $ 19.2100oo/day ( 2 days %) 38.88 12. Mortgage Insurance Premium for months 10 13. Hazard Insurance Premium for years 10 14. IS. 100. RESERVES DEPOSITED WfTH LENDER 101. Hazard Insurance 3.000 months $ 43.00 per month 129.00 102. Mortaaoe Insurance months $ per month 103. City Taxes months $ per month 104. Countv Taxes 8.000 months $ 40.53 oer month 324.24 )05. School Taxes 3.000 months $ 124.05 per month 372.15 106. months $ oar month )07. months $ oar month 108. Aggregate Adiustment months $ oar month -202.60 100. TITLE CHARGES 101. TaxCert to Barristers Land Abstract Co. 5.00 102.2006-2007 School Taxes to Janet L. Miller, Tax Collector 1,458.83 103. Title Examination to 104. Tille Ins. Binder to 105. Document Preo. to 106. Notary Fees to Unda McBeth 25.00 107. Attorney's Fees to (includes above item numbers: J 108. Tille Insurance to Barristers Land Abstract Co. re-issue 697.28 (Includes above item numbers: J 109. Lender's Coverage $ 86,000.00 110. Owner's Coverage $ 111. Ends. 100,300 & 8.1.1020 to Barristers Land Abstract Co. 200.00 112. Deed Preparation to Barristers Land Abstract Co. 100.00 113. OVernight to Barristers Land Abstract Co. pkg/payoff 31.00 114, Closing Protection Letter to Stewart Title Guaranty Company 35.00 115. Electronic Document Trans. to Barristers Land Abstract Co. 35.00 116. 117. 118. !OO. GOVERNMENT RECORDING AND TRANSFER CHARGES 101. Recording Fees: Deed $ 39.50; Mortgage $ 68.50; Releases $ 108.00 !O2. CitvlCountyTaxlStamos: Deed ' . Mortgaae !O3. Slate Tax/Stamos: Deed ; Mortgage !04. Record Mortgage Assianment Recorder of Deeds !O5. 100. ADDITIONAL SETTLEMENT CHARGES 101. Survey to 102. Pest Inspection to 103. 104. Wire Fee to Barristers Land Abstract Co. 15.00 305. 100. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) I 8,52Q.78 3y signing page 1 of 1his statement the sigrlalanes acknowtedge receifll of a compIeIed copy 01 page 2 of Illis two~ ,/ ~~~ ,. ~, .I r/l- ~-Y o...('_:....,,_L_ I __~ ^L._.....__,,........ '/ BARRISTERS Land Abstract Co. (formerly Capital Region Land Transfer) 3310 Market Street . Camp Hill, P A 17011 Phone{717) 761-6190 . Fax (117) 761-4072 A HANNA HOLDINGS INC. COMPANY August29t2006 Wells Fargo Home Mortgage Attn: Payoffs-MAC X2S01-01D 1 Home Campus Des Mo~ IA 50328 RE: Barbara L. Ouschel and Michael R. Guschel 3531 Trindle Road Camp Hil1t P A 17011 Acct: 0025562364 Dear SirlMadam: In connection with the above referenced loallt enclosed is our firmts check in the amount of $77 ~2.61 as payment in full on the referenced transactio~ along with a copy of the mortgage payoff letter received.from you. On behalf of the borrowert we are requesting that you comply with the Pennsylvania Law (21 P.S. Section 681 and 682)t which requires that mortgages be satisfied of record within 45 days of payofl'. The borrower has requested that this be accomplished within the 45-<:1ay period to prevent financial difficulties for them in the future. As you knowt the law provides that failure to comply can result in substantial damages. . IIWE ARE AUTHORIZING YOU TO CLOSE THIS ACCOUNTILINE OF CREDIT AS OF THE DATE OF THE PAYOFF STATEMENT LETTER. .~~JJ SincerelYt BARRISTERS LAND ABSTRACT CO. Linda L. McBeth List of Personal Property retained by Plaintiff: . Living room furniture, including but not limited to sofa, love seat, wall unit, rocking chair, and Lazyboy recliner . 1 riding mower . 1 push mower . Set of car ramps . Spare Bedroom furniture, including but not limited to Queen sized Bed, dresser, and chest . Dell Computer . Dining room table and chairs . Snow blower . Leaf blower . Rake, shovel, hoe, push broom and hand saw . David Winter Cottages . Washer and Dryer . Shop Vacuum . Grill . Outdoor table and chairs . 20" television . Comer computer desk . Console television . DVD player . VCR . 1 Wicker round table and 2 chairs . Patio bar and 2 stools . Standing jeweler box I PLAINTIFF'S EXHIBIT E List of Personal Property retained by Defendant: . King sized bed and bedding . 2 night stands . 2 wing-back chairs . 2 orange living room chairs . 2 bedside lamps . Sofa and matching chair . Large generator . Power washer . Large air compressor . Stereo and speakers . Large Craftsman toolbox and Craftsman tools contained therein . Train sets . 24" Television . 19" Television . Chainsaw . Table saw . Table press . Small refrigerator . Black five-shelf locking took cabinet . Blow torch . Metal clamps , PLAINTIff'S EXHIBIT C. '" ~ ~ <- .,<pi> St: - --' ~ .-1 --n ~c: \ '.."\ :~!,'q f),o. ::;J~~ "~l ~i \~ ~ ";4 -0 :;:r.. <...:> .- r--> r'" BARBARA L. GUSCHEL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 06-6038 MICHAEL R. GUSCHEL, Defendant. CNIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 16, 2006, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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: \\'r-\.~'\ ~~~ Barbara L. Guschel ~ ':3 c...- ~ ~ N .{:'" -0 ~ ~ -4 :r:-n rl1c -0(.... -;)9 i\~ '~';;l" ~ c..~ c..,.) BARBARA L. GUSCHEL, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 06-6038 MICHAEL R. GUSCHEL, Defendant. : CNIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: \\,1\\0'\ I~ ~cU Barbara L. Guschel, Plaintiff ~ g --' <-; 2: N s:- -0 :::; ~ --4 L:-n "0= . tn :gy ;'.Jb ~=; i4 -c...?,n (::?\ '~; ::< t.f3 c.,.) BARBARA L. GUSCHEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 06-6038 MICHAEL R. GUSCHEL, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 16, 2006, on the grounds that the marriage ofthe parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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: \ \).-l \0'\ ~ /1 Mic ael R. Guschel o ~ ~ c:::::> ~ c- ~~ ~ N s:- ~ .-1 ::r:~ 1"11 ~~ _~r" "jO \'::2. t:} -0 :Ii: ...-->;_ ,.1 ~>- -'n " , ---- .':4.C) :~:~{n ..",. ~ t..P. - c.,:; BARBARA L. GUSCHEL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 06-6038 MICHAEL R. GUSCHEL, Defendant. : CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: ,\).. '-\ \ 01 o ::: r,,=-_ :Z:~ , .< /"'-) = = --J L.. ,~ Z o 11 .-t :I:..." n'l;:= 0~ft ;l~ ::::'1 )> :::0 -< N .r.- ~ w .. w BARBARA L. GUSCHEL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 06-6038 MICHAEL R. GUSCHEL, Defendant. : CIVIL ACTION--LA W IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under section 3301(c) ofthe Divorce code. 2. Date and Manner of service of the Complaint: first class u.s. mail, certified and restricted delivery on or about October 24,2007. 3. Date of execution of the affidavit required by section 3301(c) of the Divorce Code: by Plaintiff on January 24,2007 and by Defendant on January 24,2007. 4. Related claims pending. The economic claims have been settled by agreement. 5. Date the Plaintiffs Waiver of Notice in section 3301(c) ofthe Divorce was filed with the Prothonotary: is January 24,2007. 6. Date the Defendant's Waiver of Notice in section 3301(c) ofthe Divorce was filed with the Prothonotary: January 24,2007. Respectfully submitted, ROBINSON & GERALDO \\#\C>1 By Jai e Su e Crt J.D. No. 200705 4407 North Front Street Harrisburg, P A 17110 (717) 232-8535 Attorney for Plaintiff kJ~ o ~ r--' (',~ c::> -oJ <- :;,I" _-..C' ..- rV \.!) o -C'\ -\ :r.:-n p1c. -cJl J' ,{,O ~) ,1- :;:,:,,1._) ,~~:;~~ 2>\"1"\ -=-l :p ~ .-- -0 -,:;... -""" r:? !::' c" ~ ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF BARBARA L. GUSCHEL PLAINTIFF VERSUS MICHAEL R_ GUSCHRT. DEFENDANT No. 06-6038 DECREE IN DIVORCE AND NOW, 1L- f ~,. , z,tJor , IT IS ORDERED AND DECREED THAT BAR'RARA T. (.;nSCHRT, , PLAI NTI FF, AND MICHAEL ~. GUSCHEL , 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 FI NAL ORDER HAS NOT YET BEEN ENTERED; ~he rerm~ Of th~ ~arrja~e Settleme~t ~~reement ar~ h~rphy incorporated but shall not merge in the final Divorce Decree. PROTHONOTARY J. - h ~ ~ ~pt, (0- ~ " e ~("l p :z- ~ ~.-?l? Ole. e ~ . ,.~ . .ft.,.' ..:, , .