HomeMy WebLinkAbout06-6624
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IN THE SUPERIOR COURT OF COBB COUNTY
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STATE OF GEORGIA
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STEVEN M. COSTA,
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Plaintiff,
CIVIL ACTION
vs.
FILE NO: 9610948524
MELISSA G. COSTA,
Defendant.
FINAL JUDGMENT AND DECREE
Upon consideration of this case, and evidence submitted as provided by law, it
is the Judgment of the Court that a total divorce be granted, that is to say, a divorce a vinculo
'natrimonii, between the parties to the above stated case upon legal principles.
IT IS CONSIDERED, ORDERED AND DECREED by the Court that the
marriage contract heretofore entered into between the parties to this case. from and after this
date, be and is set aside and dissolved .r. fully and effectually as if no such contract had ever
been made or entered into.
Plaintiff and Defendant, formerly husband and wife, in the future stmll be held
and considered as separate and distinct persons altogether unconnected by any nuptial union or
civil contract, whatsoever, and both shall have the right to remarry.
CUSTODY
The Court awards joint legal custody of the minor children, Rio Ashley Costa.
born October 3, 1994, and Alex Chatmond Costa. Born May 3. 1996, to Plaintiff and
Defendant.
8. In-kind income for the self-employed, such as reimbursed meals
or a company car
~HILD SUPPORT
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In determining child support, the Court finds as follows:
The gross income of the father is $1,733.00 dollars monthly.
The gross income of the mother is currently -0- dollars monthly.
In this case child support is being determined for two (2) children.
The applicable percentage of gross income to be considered is twenty-three
percent (23 %).
Thus, twenty-three percer.t (23%) of $1,733.00 equals four hundred dollars
($400.00: Fer month.
The Court has considered the existence of special circumstances and has found
the followillg special circumstances marked with an "X" to be present in this case:
1. Ages of the children
2. A child's extraordinary medical costs or needs in addition to
accident and sickness insurance, provided that all such costs or
needs shall be considered if no insurance is applicable
3. Educational costs
4. Day-care costs
5. Shared physical custody arrangements, including extended
visitation
6. A party's other support obligations to another household
7. Income that should be imputed to a party because of suppression
of income
9. Other support a party is providing or will be providing. such as
payment of a mortgage
10. A party's own extraordinary needs. such as medical expenses
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12.
13.
...xx- 16.
Extreme economic circumstances including but not limited to:
, .::XX- (A)
Unusually high debt structure: Plaintiff has
assumed all the community debt of the pa.rties of
which said sum exceeds $38,000.00.
I'laving found that special circumstances numbered II and 16. exist. the tinal
_(B)
Unusually high income of either party or both
parties, which shall be construed as individual gross
income of over $75,000.00 per annum
award of child support which Plaintiff shall pay to Defendant for the support of the children is
Historical spending in the family for children which varies
significantly from the percentage table
Consideration of the economic cost-of-living factors of the
community of each party, as determined by the trier of fact
14.
In-kind contribution of either parent
$200.00 dollars per month per child, for a total of $400.00 per month, beginning on February
15.
The income of the custodial parent
1. 1997. and payable thereafter on the 1 st day of each month until the children become 18 years
The cost of accident and sickness insurance coverage for dependent
children included in the order
:,7.
Extraordinary travel expenses to exercise visitation or shared
physical custody
of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18
18.
Any other factor which the trier of fact deems to be required by
the ends of justice, as described:
years of age while enrolled in and atten<ling secondary school on a full-time basis, the" such
support shall continue until the child completes secondary school, provided that such support
shall not be required after the child attains 20 years of age. Said sum shall be reduced by
$200.00 when Rio Costa attains majority.
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Plaintiff is ordered to provide accident and sickness ins.urance for the children for so long
as he is obligated~by this order to provide support. Plaintiff shall each year transmit to
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Defendant evidence of payment of said policy and the necessary documentation to ef~ectuate said
policy.
Plaintiff shall maintain a $300,000.00 life insurance policy naming the children
as irrevocable beneficiaries.
hLIMONY
Both parties agree that neither wife nor husband shall be entitled to alimony from
the other.
INCORPORATION OF MARITAL SE'ITLEMEN'J(AGREEMENT
That a certain Marital Settlement Agreement between the parties hereto. dated the
12th day of December. 1996. and filed herein, along with the Aml~ndment to Marital Settlement
Agreement. regarding child support and visitation, are hereby incorporated in its entirety and
l':m~e a part hereto by reference to this Final Judgment and Decree.
DECREE AND ORDER entered this 5 t h
day of
JUNL-. 1997.
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The Defendant shill, wfthln sixty ~ days 01
this date, take and sueeetllulty comptote lt1e
Stmnar lor DIYoI"ang Parenti.
Judgc.: of the Superior Court
Cobb County. Georgia
Presented by:
WATSON L. WHITE, SENluR JUDGE
SUPERIOR COURTS or GEOIlCI"
PRESIDING IN COBB JUDICIAL CtRCUT
MANN. m~ACKEN. LA YNG And KNEZO
Attorney for Plaintiff
13y: ~C~
W. Christopher Bracken
Approved as to content and form:
By:
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Melissa G. Costa. !Defendant
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IN TilE SUPERIOR COURT OF COBB COUNTY
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STATE OF GEORGIA
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~. ~VEN M. COSTA.
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Plaintiff.
CIVIL ACTION
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FILE NO: 9610948524
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I" ~ LISSA G. COSTA.
Defendant.
ORDER
Plaintiff having filed a Petition for Divorce. said Petitioh having come on for
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fit :tring before this Court, this Court having conditioned entry of a final order on the production
;Il~;~ n::ng,of a divorce parenting certification and a marital settlement addendum. said documents
1ll;'~ ing been produced and filed. it now appears from the pleadings that Plaintiff is entitled to
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JI':' reI icf sou gilt in the complaint. and no issue being in contcntion. no hearing bcing necessary.
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ORDERED that a Final Judgment and Decree of Divorce be entered on Plaintiff's
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p,. ralf. and said Final Judgment and Decree is hereby entered this date.
This 5th
day of ,lune.1997.
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J":;:;~cnted By:
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V;;""Christophcr Dracken
~ i'~TE BAR NO. 073575
~ ;~NN. DRACKEN. LA YNG. AND KNEZO
I ,'rORNEYS FOR PLAINTIFF
UDGE OF THE SUPERIOR CURT
COBB COUNTY. Georgia
WATSON L. WHITE. st:Nlcm JUDOe
SUPERIOR COURTS OF GEORGIA
PRESIDING IN COBB JUDICIAL CIRCUT
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IN TlIE SUPERIOR COURT OF COBB COUNTY
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STATE OF GEORGIA
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Defendant.
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CIVIL ACTION
STEVEN M. COSTA,
Plaintiff,
vs.
FILE NO: 9610948524
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MELISSA G. Cf)STA,
AMENDMENT TO FINAL JUDGMENT AND DECREE
by this Court on the 5th day of June, 1997, '0 include the following, as se' forth in the Mari.al
COl\tES NOW the Plaintiff and amends the Final Judgment and Decree ent~red
Settlement Agreemcnt signed by the parties on the 19th day of December. 1996:
RESTORATION OF DEFENDANT'S MAlDEN NAME
Defendant's maiden name shall be restored to Melissa Remington Gibbs.
ENTERED THIS /S- day of
J~97' ,~
JUdge~ Court
Cobb County. Georgia
WA1S0N L. WHilE, SENIOR JU~OE
R COUR~C' OF GEOfh.,\'\
~~~~~~~NG IN co';a JUDICIAL CIRCiJi
Presentcd by:
MANN. BRACKEN. LA YNG And KNEZO
Attorney for Plaintiff
By:
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W. Christopher Bracken
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Jeffrey T. Bitzer
Attorney at Law
One West Market Way
York, PA 17401
(717) 848-8448
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA G. FOREMAN,
formerly MELISSA G. COSTA,
Petitioner
Docket No. 00885 S 1997
vs.
DRO No. 26932
STEVEN M. COSTA,
Respondent
P ACSES Case No. 62100004
AGREEMENT TO MODIFY ORDER OF SUPPORT
AND NOW, this 20th day of October, 2000, intending to be legally bound
the parties hereto agree as follows:
WHEREAS, the parties entered into an Agreement for Order of Support
dated August 31, 1998 and filed in the Cumberland County Office of Domestic
Relations on date unknown, a copy of which is attached hereto and marked
Exhibit "A"; and
WHEREAS, said Agreement provided for direct payments by the
Respondent to the Petitioner; and
WHEREAS, the parties are now mutually desirous of reaffirming said
agreement, excepting only as modified herein.
NOW, THEREFORE, intending to be legally bound, the parties hereby
agree as follows:
1. Paragraph 5 of the foregoing Agreement shall be modified to read
as follows:
"Commencing November 1, 2000 and continuing on the first day
of each month thereafter, Father shall pay to Mother child support
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Jeffrey T. Bitzer
Attorney at Law
One West Market Way
York, PA 17401
(717) 848-8448
in the amount of EIGHT HUNDRED ($800.00) DOLLARS, per
month, which shall be allocated as follows: FOUR HUNDRED
($400.00) DOLLARS per month for the child, Rio Ashley Costa,
and FOUR HUNDRED ($400.00) DOLLARS per month for the
child, Alex Chatmond Costa.
2. All other provisions of the foregoing Agreement dated
August 31, 1998 are hereby reaffirmed.
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'JEFFREY . BITZER, ESQUIRE
Attorney for Petitioner
Sup. Ct. J.D. No. 37316
One West Marketway
York, PA 17401-1231
(717) 848-8448
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MELISSA c. FOREMAN
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.Jeffrey T. Bitzer
Attorney at Law .
One West Market Way
York, PA J740J
(717) 848-8448
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
MELISSA G. COSTA,
Petitioner
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No. SA 1998
vs.
DRO No.
STEVEN M. COSTA,
Respondent
PACES No.
AGREEMENT FOR ORDER OF SUPPORT
NOW, this 31
day of AV6u~T
, ] 998, intending to be
legally bound the parties hereto agree as follows:
1) MELISSA G. COSTA, Petitioner, is an adult individual residing at 110
North East Street, Carlisle, Pennsylvania 17013 since 1997.
2) STEVEN M. COSTA, Respondent, is an adult individual residing at 221
West 900 North Unit 3, Springville, Utah 84663.
3) The parties are the parents of two (2) minor children, namely Rio Ashley
Costa date of birth October 3, 1994 and Alex Chatmond Costa date of birth May
3, 1996.
4) Pursuant to an Order in the Superior Court of Cobb's County, Georgia, File
No. 9610948524 of 1997 the sole physical custody of the children was awarded to
Petitioner.
5) Commencing September I, 1998 and continuing on the first day of each
month thereafter Father shall pay to Mother child support in the amoUnt of
$600.00 per month which shall be allocated as follows: $300.00 per month for
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.Jeffrey T. Bitzer
Attorney at Law .
One West Market Way
York, PA J740J
(717) 848-8448
the child Rio Ashley Costa and $300.00 per month for the child Alex Chatmond
Costa.
6) All payments shall be made by Father directly to Mother in a timely
manner. However, in the event Father shall fail to pay for a period of
thirty (30) days, the parties do hereby stipulate and agree that the Mother may
enter this Agreement and Stipulated Order in the Child Support Section of the
court system in which she then resides for enforcement, while residing in
Pennsylvania, under the Uniform Interstate Family Support Act, the Uniform
Reciprocal Enforcement of Support Act, the revised Uniform Reciprocal
Enforcement of Support Act or under any law or procedures substantially similar
to said Acts, which enforcement shall include an income withholding order and
attachment or garnishment of Father's wages to satisfy his obligation hereunder.
Upon Respondent's failure to comply with this Agreement and Order, Respondent
may be arrested and brought before the Court for a Contempt hearing;
Respondent's wages, salary, commissions and or income may be attached in
accordance with the law, and Respondent may be held responsible for Court costs
and fees in connection with said enforcement.
7) Contempt proceedings, credit bureau reporting and tax ren.md offsets
certification will not be initiated and judgment and will not be entered as long as
Respondent pays on each payment as specified above. Failure, to make each
payment on time and in full could cause all arrears to become subject to
immediate collection by all of the means listed above.
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.Jeffrey T. Bitzer
AHo/'ney at Law
One West Marl{et Way
York,I)A 17401
(717) 848-8448
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8) The Petitioner shall provide health insurance coverage for the dependents
herein involved, should it be available to her at reasonable costs at her place of
employment. Unreimbursed ordinary medical expenses are to be paid 0% by
Respondent and 100% by Petitioner, without prejudice regarding extraordinary
medical, dental, optical or orthodontia expenses.
9) Respondent shall maintain a $300,000.00 life insurance policy naming the
children as irrevocable beneficiaries and shall each year transmit to Petitioner
evidence of payment of said policy.
10) The parties do hereby authorize the Court of Common Pleas in
Cumberland County, Pennsylvania to immediately enter an Order of SUPP0l1
against the Respondent pursuant to the terms of this Agreement with the same
force and effect as thought such Order had been made after a formal hearing and
appearance in COlJI1.
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WITNESS
2;!Y/
STEV . COSTA, Respondent
t' /'
~)ulWtA-~ C~tct
LISSA G. C ST A, Petitioner
JEFFREY T. ITZER, ES
Attorney for titioner
Sup. Ct. J.D. No. 37316
One West Marketway
York, PAl 7401-1231
(717) 848-8448
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