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HomeMy WebLinkAbout94-00925 ~ ':) ~ -6 o ~ 'l; , < t.. 9 o C IV --5 o <...9 'I I J " ~ . ... ;Ib--':C-' -:~.~'AI>":Ib ~"':C-' ~--~~..~ <.> 0:.:' ':co ':.> ~. <.> <Co .:<<-.l(:-:c<>lIO()QIO<X4C<':tO<..W<llll'..".C_~ ~ i:i ~ ~ ~ a ; IN THE COURT OF COMMON PLEAS . ~ OF CUMBERLAND COUNTY STATE OF '* PENNA. ~ " ~ ~ " ~ " ., ~~NT.. ~oC~~N..()~R.. ... .... ........J:)JlI.int~ff .......... II No. ...n?.......,..... ~J,.y,g.... 1994 $ " ~ !i ~ I 8 VCI'SIIS !; I ............1 it :1 ~ ',' ~i\ROL GO~~E.fol~UR..... .... De.i:endant 8 8 ~ " ~ DECREE IN DIVORCE AND NOW" ,~U~, "Z,~.,""'" '. 199.4. ".. it is ordered and decreed that ." ~~~ , ~~,~'"!~~~,I.!~, , , , , , , , , , . . , . , , , , . . . . . . , . , . .. plaintiff, and. ,. ,. .' .. ", ,q~~9~, .qQ9g~~QVR , , ".. ,. "" " ..., "... " '. defendant, are divorced from the bonds of matrimony, ~ ~l ~ (; $ ? ? M ..' S ~ 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; ".,.,.,"""';JQ~"""",.".,.,.,., ,.., ,', ~ ~ " ,', ~ ~ ~ ',' " ~ .' ~ ~. Dy ~ ~ ~_~. J. I;' ~~ Prothonotary i ~ l~ ~, I':' :;;'---_._.,-~ ...-.,.--,--~....--.._~.- -. .~ ~~:. .~:. .~:. .>>:. .:+:. .~:. '..:' .:.:. .:+:. .:+:. .:.:. .:.:. .:.:. .:.:.....::;:. .:.:.~ .:.:. .:.:. ....~. '......' -..~;;~..:."-......' ;~~. ...;.~~.:...-....' .;..:-......' ';." ,..:: .. ..... ~..,. ." ... ... a.. .... ._ Allest: * .~~ ~ ~ ~ . ;,; ~ $ ~ . 3 ~ ~ ~ $ . !~ ~ ~ $ ~ e ;, ~ ~'. ~ ~ ..'~ ~ ..'~ ~ .~~ ~ a ',' ,', ~ ~ ., $ $ $ .'. ~ f' ". "y:'::..~"~ ~'..~...~-. ~...o..-:... . .' . 7f~ /I~ ~~r MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this /7 z1f day of ~A,{// , 1994, by and between CAROL GOCHENOUR (hereinafter called "Wife") and KENT GOCHENOUR (hereinafter called "Husband"). WITNESSETH: l WHEREAS, Husband and Wife were married on October 17, 1981; and WHEREAS, they have one child born of this marriage, to wit: STEPHANIE JEAN GOCHENOUR, born September 1, 1986; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: . .. , " ,. , 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. 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. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 2 . .. . " 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment hereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBTS. The parties hereto have three credit card balances, MasterCard, Bon-Ton and Boscov's. Husband agrees to take over and assume sole responsibility for payment and satisfaction of the outstanding balance due on the MasterCard, and Wife agrees to take over and assume sole responsibility for payment and satisfaction of the outstanding balance due on the Bon-Ton and Boscov's credit cards. Each shall indemnify and save harmless the other from any loss which the other may sustain, including attorney fees, as a result of any default in payment of the aforesaid debts. 6. EOUITABLE 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 3 . .. . , fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. DIVISION OF PERSONAL PROPERTY AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. Specifically, the parties hereby agree that Wife shall retain sole and exclusive ownership of the following list of furnishings: Blue Recliner Refrigerator Kitchen Ware 4 .. .. .. > Kitchen Table and Chairs pictures Living Room chairs and sofa Chests Washer and dryer Bedroom suite stephanie's bedroom furniture Desk File cabinet Freezer Small TV and stand Lawn furniture Gas grill Specifically, the parties hereby agree that Husband shall retain sole and exclusive ownership of the following list of furnishings: Family room furniture (except blue recliner) Stove Dining Room furniture and dishes Wash stand with pitcher and bowl Mantle clock Spare bed Computer Tools and equipment Bike Hunting and fishing equipment The parties expressly agree that Husband shall be entitled to sole and exclusive ownership and control of the 1987 Dodge truck, and Wife shall relinquish any and all interest she may have in that vehicle. Wife shall be entitled to sole and exclusive ownership and control of the 1992 Dodge automobile, and Husband shall relinquish any and all interest he may have in such vehicle. Until such time as any other provision of this Agreement shall provide for payment which may be due and owing on either of these vehicles, the party in possession of that vehicle shall be 5 ~ , , . solely responsible for the payment of any and all loans connected with the vehicle, as well as insurance and/or encumbrances affecting the respective vehicles, and further agree to indemnify and save harmless the other for any loss he or she may sustain as a result of any default in payment of said respective loans and/or encumbrances. The parties further agree to execute any vehicle titles, power of attorney or other documents necessary to give this paragraph full force and effect upon request. B. REAL PROPERTY. The parties are the equitable and legal owners of real property with a dwelling thereon located at 336 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. The parties hereby agree to list the real property with a licensed realtor and place the property up for sale. Upon the sale of the house the parties agree that the proceeds from the sale of the house will be used to payoff, in its entirety, the outstanding car loan on the 1992 Dodge which was given to Wife per the terms of this Agreement. Also, the parties agree to use the proceeds from the sale of the house to payoff in its entirety any home equity loan still outstanding, due and owing. Once these payments are made, the parties hereby agree that the remaining proceeds from the sale of the house shall be divided such that the Husband received 60% of those proceeds and the Wife receives 40% of those proceeds. 6 ~I.- q-. , " 9. PENSION AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employment stock or savings plans, which they have accumulated during the course of their employment. Husband has obtained such benefits through his employment at F. M. Burkheimer, Inc., and Wife has obtained such benefits through her employment at Kinney Service corporation. It is hereby specificallY agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or saving plan, as well as all other employment benefits of the other. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 10. CUSTODY. Wife shall have primary physical custody of the minor child, STEPHANIE JEAN GOCHENOUR. Husband shall have partial custody at such times as the parties hereafter mutually agree and arrange but no less than the following schedule: (a) every weekend from Saturday afternoon at 4: 00 p. m. through sunday evening at 6:00 p.m.: (b) One (1) night each week to be agreed upon by the parties: (c) five weeks during the summer months of June, July and August to be utilized in such fashion as the parties deem most appropriate according to their own schedules and summer plans: (d) alternate or shared major holidays, including Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving, the precise times 7 , to be agreed upon by the parties: and (e) Christmas shall be al ternated such that every other year one parent will have the child for 48 consecutive hours ending on noon Christmas Day while the other parent will have the child for 48 consecutive hours commencing at noon Christmas Day. The parties shall enjoy shared legal custody regarding all major decisions affecting the child, including but not limited to health, education and religion. 11. CHILD SUPPORT. Husband shall pay child support directly to Wife in the sum of $50.00 per week. The parties acknowledge that support may be subject to modification by either party pursuant to the Pennsylvania Support Guidelines, as determined by the Domestic Relations Office of Cumberland county, Pennsylvania, or any other court having appropriate jurisdiction to establish an Order of Support. 12. COLLEGE EDUCATION EXPENSES. The parties agree to be equally responsible for payment of any post~high school education expenses of the minor child which may not be covered by loans, grants, scholarships or any other form of financial aid. Selection of the college shall be made jointly by the parties. 13. ALIMONY. Both parties specifically agree to waive any and all claim each may have to alimony or any other form of 8 . " financial support from the other, now and at any future time. 14. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 15. SUBSEOUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. It is herein acknowledged that Husband has instituted a divorce action prior to this Agreement and that the parties shall be bound by all the terms of this Agreement. 16. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 9 10 , 17. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by R. Mark Thomas, Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. Wife has been advised of her right to retain independent legal counsel to advise her concerning this Agreement and the pending divorce action between the parties, and acknowledges that she has waived such right. 19. NO FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Counseling to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of divorce complaint filing. . 20. 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 her or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each 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 interest, rights and claims. 21. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. T his Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. 11 It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other claim for relief which might be brought by either party against the other, or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 22. 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. 23. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this 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 or any subsequent default of the same or similar nature. 12 24. DESCRIPTIVE HEADINGS. The descriptive headings used They shall have no effect herein are for convenience only. whatsoever in determining the rights or obligations of the parties. 25. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division- distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. The parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~ WITNE S ~ ~~ WIT SS ('( L' ~-A~~ CAROL GOCHENOUR &G:aL,~ / KENT GOCHENOUR 13 "::7" en - '- . .. >- V"'..,. " ; ~ r f:J ',-l -~,' 0' . .'. ,,~r. '''.. f'-, ~ ~..J , MODIFICATION OF MARRIAGE SETTLEMENT AGREEMENT AND NOW, this /d T# day of May, 1994, the parties hereto, CAROL GOCHENOUR (hereinafter called "Wife") and KENT GOCHENOUR (hereinafter called "Husband"), do hereby modify the Marriage Settlement Agreement previously executed by them on March 17, 1994, as follows: WITNESSETH: WHEREAS, Husband and Wife were married on October 17, 1981; and WHEREAS, they have one child born of this marriage, to wit: STEPHANIE JEAN GOCHENOUR, born September 1, 1986; and WHEREAS, the parties hereto entered into a completed Marriage Settlement Agreement dated March 17, 1994, in which they set forth an agreement with regard to primary physical custody of STEPHANIE JEAN GOCHENOUR, partial physical custody, and legal custody; and WHEREAS, the parties hereto desire to modify that part of the Agreement of March 17, 1994 which dealt specifically with custody and child support. NOW THEREFORE, in consideration of the mutual promises and undertakings set forth in the Agreement of March 17, 1994, as well as hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: : 1. The Marriage Settlement Agreement of March 17, 1994, with regard to paragraphs 10 and 11 is modified as follows: NEW PARAGRAPH 10. - CUSTODY. Husband shall have primary physical custody of the minor child, STEPHANIE JEAN GOCHENOUR. Wife shall have partial custody at such times as the parties hereafter mutually agree and arrange but no less than the following schedule: (a) every weekend from Friday afternoon at 4:30 p.m. through saturday evening at 7:00 p.m.: (b) One (1) night each week to be agreed upon by the parties: (c) five weeks during the summer months of June, July and August to be utilized in such fashion as the parties deem most appropriate according to their own schedules and summer plans: (d) alternate or shared major holidays, including Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving, the precise times to be agreed upon by the parties: and (e) Christmas shall be alternated such that every other year one parent will have the child for 48 consecutive hours ending on noon Christmas Day while the other parent will have the child for 48 consecutive hours commencing at noon Christmas Day. The parties shall enjoy shared legal custody regarding all major decisions affecting the child, including but not limited to health, education and religion. NEW PARAGRAPH 11 - CHILD SUPPORT. Husband agrees that Wife shall not be responsible for the payment of child support. 2 : However, in the event that circumstances do change, the parties acknowledge that support may be subject to modification by either party pursuant to the Pennsylvania support Guidelines, as determined by the Domestic Relations Office of Cumberland county, pennsylvania, or any other court having appropriate jurisdiction to establish an Order of support. All other portions of the Marriage Settlement Agreement entered into on March 17, 1994, are continued in full force and effect and are not subject to this limited modification of that Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~ I{gs;flH L~I j};}~1,/ WI NE 0~'\~ ~ ~~~ CAROL GOCHENOUR ~J~ ~UL /(aL:h-"~~, WI NE ~6~ KENT GOCHENOUR 3 -::r en - '= ....- \" ".> u> In \"J. r- '" :t= ...::; t'.'-' " '/.' 't;;.,... .-.:"; ".- ...1. '~., .~ .' .. IN TIlE COURT OF CO~ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENT GOCHENOUR, Plaintiff NO. 925 CIVIL 19 94 vs. CAROL GOCHENOUR, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotsry: Transmit the record, together with the following information, to the court for entry of a divorce decree: 3301 1. Ground for divorce: irretrievable breakdown under Section (~(c)) ~~ (1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: l1arch 5, 1994 Certified mail, restricted delivery. 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section 3301 ~(c) of the Divorce Code: by the plaintiff June 12, 1994 . . by defendant June 13, 1994 (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: This divorce incorporates the 1,Iarriage Settlement Agreement dated March 17, 1994 and the Modi~ication of Marriage Settlement Agreement dated !Iav 12. 1994. which is RttRch~d hereto. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 201 (d)(l)(i) of the Divorce Code. /?P//.~pn~ Attorney for (Plaintiff) (Defendant) .".. 0") - ~~ ..... ~~ ~~: ?:' '.0 1l'J N I,; ., :,) :~, . - 7. {.f!'-,,: . ~ ,~ " "- <'-J :z: '=' -, :.;~ KENT GOCHENOUR, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. . . . . . . NO. ./ ~3 CIVIL 1994 CAROL GOCHENOUR, . . LAW - DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, First Floor, carlisle, Pennsylvania 17013, Telephone: (717)-240- 6195. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania 17013 Telephone (717)-240-6200 . . KENT GOCHENOUR, . IN THE COURT OF COMMON PLEAS OF . . . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . (i.:l.~' vs. : NO. CIVIL 1994 . . CAROL GOCHENOUR, LAW - DIVORCE . . Defendant . . COMPLAINT COMES NOW, the plaintiff, KENT GOCHENOUR, by and through his attorney, R. MARK THOMAS, ESQUIRE, and avers as follows: 1. The plaintiff is KENT GOCHENOUR, an adult individual, who resides at Box 116 M, Wellsville, York County, Pennsylvania, 17365. 2. The defendant is CAROL GOCHENOUR, an adult individual, who resides at 336 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and defendant are both bona fide residence of the Commonwealth of Pennsylvania and have been for at least six months immediat~ly previous to the commencement of this action. 4. The plaintiff and defendant were married on October 17, 1981, in Bowmansdale, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce filed in this matter. 6. The marriage is irretrievably broken. 7. The plaintiff requests the court to enter a Decree of Divorce. I .! ;'\ ! ~ \ ' . 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the court to require the parties to participate in such counseling. Being so advised, plaintiff does not request that the court require the parties to participate in counseling prior to a Divorce Decree being handed down by the court. WHEREFORE, the plaintiff prays that a Decree in Divorce be entered divorcing plaintiff from the bonds of matrimony heretofore existing between plaintiff and defendant. COUNT II 9. Paragraphs 1 through 8 are incorporated herein as if set forth at length. 10. The parties own marital property which is subject to equitable distribution. 11. 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 respectfully requests the Court to enter an Order of equitable distribution of marital property pursuant to the divorce code. Respectfully submitted, ~~ R. MARK THOMAS, ESQUIRE Attorney for Plaintiff 54 E. Main Street Mechanicsburg, PA 17055 . I, KENT GOCHENOUR, verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. i 4904, relating to unsworn falsification to authorities. ~~ KENT GOCHENOUR t '~ j " v~ ~ ~ J ~0 ~ ;\ ~ ~ 'il ';) \" ;l \..:~\{ ~ ~" . ~ ~ "- [,. "- ~ " .. J ~ t ~ ~ " CI" 'vi ~ Do ~ 'T .. ~J .; ':- "' ~ .".. ~ >-... "'" :~ l"!-' ~~;:.::~~ o .... S2 < ~ .,~ ro '" ", ~ \",- ~ ~ ,. , i>,... ,1\ t .. C~' ~"'" ~," 2 for odd_ IIMco', I .1.0 wl.h 10 r.c.lv. Ih. ,I I . CompIot. 110... 3. oneS .. . b, lollowlng IIrvlc.. 1I0r .n .xtr. I 't'. I ' .' Print your name and ~ft.. on the ,...tH af \hit form 10 thlt w. un feel: ' I rttum thI. card to you. I' I'. Attlch tN, form tolhl front 01 the mlUpltu, Of on tM b.ck It .pIC' 1. 0 Addr....e'a AlItfr811 doo.IIOI_, U I i ! . Wri1o..R.tumR._R......tod..onlhomOU_bolo..lho.nlcIonumbo' 2, Q!:R..trlcJed O.lIv.ry #! I . , 1M R.tum Rtetlpt wID .how to whom the .rtIc1e WI' detIveNd and the dat. ' fI , g dlIlWrR.' Consult oltmlllte, for fflB. I, ' II 3. Anlcl. Addr...ed to: 4., Arllel. Number II: t . Ms. Carol Gochenour P 417 667 365 51 11i~ 336 E. Meadow Drive 4b.S.rvle.Typ. ~: I II Mechanicsburg PA 17055 o Raglll.,.d Oln.ur.d .., I ro, ' Il!I C.nllled 0 COD -Ii I I . 0 Expr... M.II 0 R.,urn R.c.lpt lor !I ( : 7, O.t. 01 O.lIv.ry $ I I ".::>- 'So ~'-\ lit I 8, Add'....... Add,... IOnly II r.qu.lled 1 I .nd I.. I. p.ld) I I ' :~ 6, SlgnnUr~ lAge;n~~ , . I i ; PS Form ,Oec.mber 1991 ..U.8.0P0:.II2'" .1lI DOMESTIC RETURN RECEIP]' i' I , ,~ \ '"- - ~ , ~ Olllcllll au.ln... i' I I ~ I I I \ I I I !. .)ic..u~I"'III,,"III,,I,111111I Print your name, address and ZIP Code here . .t . R. MARK THOMAS, ESQUIRE 54 E. MAIN STREET MECHANICSBURG, PA 17055 f f " ,. , ..: ~i~l ....\ '~i' J ~,~ i .'1 ( ;.,1 i.' . .~_.. , ;'.'.'j" , . ... . ."r'l ~- ' 1<\ ~ ' I ~f.": ., l \ r': l' t Ii ,: * . .. . . . KENT GOCHENOUR, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 925 CIVIL 1994 . CAROL GOCHENOUR, . LAW - DIVORCE . Defendant . . AFFIDAVIT OF SBRVICB I, R. MARK THOMAS, ESQUIRE, being duly sworn according to law, depose and say that on March 4, 1994, I mailed by certified mail, restricted delivery, a true copy of the Divorce complaint filed by Kent Gochenour, plaintiff, to Carol Gochenour, Defendant. A receipt was returned to me which indicates that the Complaint was received by Carol Gochenour on March 5, 1994 Said receipt is attached hereto. ~~~~ R. MARK THOMAS, ESQUIRE Sworn to and subscrtbed before me this .1'1.(/1 day of ~~ ' 1994. ~n hijiitO Not ry b ic ~JJi Ak'kJ jpJ{ NcBtaI Seal I.WtLouIU~~ ~Ilaro, ~ My Co" IflsilOne.pn.J.nI9, 1997 . . '. .. -~'> / '. " ',. :: .. . -' .:~ , , ',.,,,- -,:r ~ -,... ~~ ~ - ., .- ,- OJ -, - <D , lI'> . ., ('-f r-.. ;,~ .. '" ~ ~ :> ;,:". ~, -, . ~ . . . . KENT GOCHENOUR, . IN THE COURT OF COMMON PLEAS OF . . . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 925 CIVIL 1994 . . . CAROL GOCHENOUR, . LAW - DIVORCE . . . Defendant . . AFFIDAVIT OF CONSBNT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 28, 1994. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. I, KENT GOCHENOUR, verify that the statements made in this Affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. !i4904, relating to unsworn falsification to authorities. G - I;), -1Y' Date ~j- 4::'f",_.~ KE T GOCHENOUR 5; - ~ ~.. "'.. ..~ '- 1.J'''":;';,., ~ ~,~- " <D I., ('-f ~ .' r-.. '" Ei ,....,..... .., . . '. . ,. I . . . KENT GOCHENOUR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 925 CIVIL 1994 CAROL GOCHENOUR, Defendant LAW - DIVORCE AFFIDAVIT OF CONSBNT 1. A Complaint in Divorce under !i3301(c) of the Divorce Code was filed on February 28, 1994. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the court require that my spouse and I participate in counseling. list of marriage which list is 6. I understand that the court maintains a counselors at its Domestic Relations Office, available to me upon request. 7. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 8. I acknowledge that Complaint on March 5, 1994 certified mail. I received a copy of the Divorce , that Complaint was sent to me by I, KENT GOCHENOUR, verify that the statements made in this Affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. !i4904, relating to unsworn falsification to authorities. '-.v \ ,~\ <"\. \-\ Date \ \ (\ ~ '\. ~,C'~ Y~(:')c-'\r-.. .,"" ....~5.._ CAROL GOCHENOUR .",. ~ ;.. _ :~,:r.:. c~ t;1 "J ~' ..a.;; ..."..,..... ~! '-- '" .El !- ) '.' ~-.'