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HomeMy WebLinkAbout02-3309 PHILIP GOTH, Plaintiff IN 11ffi COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, Q;/ - 33 rJ9 ELIZABETH GOTH, Defendant IN DrvORCE 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 warded 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, Cumberland County Courthouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DNORCE 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. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, P A 17101 (717) 232-7536 NOTTCTA Le han demandado a usted en la corte. Si usted quiere def endorse de estas dernandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo aI partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forroa escrita sus defensas 0 sus objeciones a las deroandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 a1ivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted, LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. ST NO TTENE ABOGADO 0 ST NO TIENE EL DINERO SUFTCTENTE DE PAGAR TAL SERVTCIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFTCINA CUY A DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERTGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Dauphin County Lawyer Referral Service 213 N, Front Street Harrisburg, PA 17101 717(232- 7536) '- PlllLIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, O~ - .33...Cj ELIZABETH GOTH, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 WAND (d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Philip Goth, by and through his attorney, Joseph U, Metz, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Philip Goth, is an adult individual who resides at 202 College Hill Road, Enola, Pennsylvania 17025. 2. The Defendant, Elizabeth Goth, is an adult individual who resides at 408 Pawnee Drive, Mechanicsburg, Pennsylvania 17050. 3, The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 11,1979, 5. The Plaintiff and Defendant are both citizens of the United States of America. 6, There have been no prior actions in divorce between the parties, 7, The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8, Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling, 9. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301 (c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. B. Section 3301 (d), The marriage of the parties is irretrievably broken, The Plaintiff and Defendant separated on December 25, 2001. WHEREFORE, the Plaintiff respectfully requests the Court to enter a Decree in Divorce, Respectfully submitted, J p etz, Esquire I. . o. 2958 214 Pine Street Harrisburg,PA 17101 (9717) 232-0879 Dated: 7(1"2(0) -2- PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, ELIZABETH GOTH, Defendant IN DNORCE VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, c Dated: 7/11/02-- I ~~ ":\:b t ~ "- -.c:. ~ 1J4 d ~~ ~~ ~ "- Nt () c _.;:: VU? mpl Z:u Zr- (1) ):" ~~; ~c-l ;~~! 2: ..... """ ~ o N '- c:: r- o -" -f "r ii'ij1J '::JrT1 qCJ ()<-S -?-.- 5:;:j <"'i.. ") -;';:;rn '...I " 55 -< N """ :J'C S? :::> <'11 DEC, 10,2002 1 :44PM S,S,B,&C, Hbg,Pa,17lI0 NO, 6661 p, 2/8 7L'!J' f C. (jot/..... Plaintiff/Respondent IN THB COURr OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v NO. O~-3307 EI"~'- J. GrJt:i...: CIVIL ACTION - LAW Defendant/Petitioner rN DrVORCE PETITION FOR ALIMONY, ALIMONY PElIDE:NTE LITE:, COUNSEL FEES AND COSTS (") r:; -r:) rl-~ fll r" z:.,' i)~ r~ -,""- -.. r::: ( i~ i;j ~~ _.~ -::: o "'0 o rq ~~') (""" ;:;1 I'>.:, n 1-::::::: r'7l '~:l P""ll ;: -"'1 ;{.~i~ 5:; -< ~ <;:) AND NOW COMES~/~~,();~ Defendant/Petitioner in -the above captioned action, pro se, who petitions this Court for alimony, alimony pendente lite, counsel fees and costs, and avers as follows: 1. Petitioner/Defendant is[/i~1J..... ~ 6ott-an adult 1nd1v1dual rea1d1ng at1Q~ ~. ~b.v~,~ ~~ County I Pennsylvania. )4 / '1tJS"cJ 2. Respondent/Plaintiff i2L 'I,p c.~ (j,t:"-, an adult individual residing at (~j ~OP,))....) I ...J Ii; d:: / E ~/i' .Ii::. ~ a .jP X .,3.J../7 County I Pennsylvania. Vo-f 4 -f/' ~..... rv~fj'crvvll.l ~. /7011 3. The Respondent/Plaintiff filed a Complaint under Section 3301(c) of the Divorce Code on ~j)l /~( ~c)CI~_ DEC. 10.2002 1:44PM S. S. B. & C. Hbg, Pa. 17110 NO, 6661 P. 3/8 COUlIT I ALIMONY PENDENTE LITE, COUNSEL FElii:S AND COS'l'S 4. By reason of the institution of the action to the above term and number, petitioner/Defendant will be and has been put to considerable expense in the preparation of her case, in the employment: of counsel and the payment of COI51ts. 5. The petitioner/Defendant's income is disproportionately lower than the Respondent/Plaintiff's income, and Petitioner/Defendant is without adequate funds to pay the costs and expenses of this litigation, and is likewise, without adequate funds to maintain herself during the pendeney of the litigation. The Respondent/Plaintiff is employed by sl2./-f 1$ a , and earns approximately /0,000. O(J gross annually. The Petitioner/Defendant is employed by?!r Cj,./f'Orrat::h~ kJA. fI , , and earns approximately 9/,JG.o.QQ gross annually. 6. 7. WHEREFORE, Petitioner/Defendant prays that your Honorable Court grant an Order upon Respondent/Plaintiff to pay your Petitioner/Defendant, alimony pendente lite, counsel fees and costs of litigation. DEC, lO, 2002 1 :44PM $, S, B, & C, Hbg, Pa, 17110 NO, 6661 p, 4/8 COUNT II 1.LIKONY 8. Paragraphs one through seven are hereby incorporated by reference herein. 9. Petitioner/Oefenoant is unable to adequately support herself through appropriate employment, 10. Petitioner/Defendant lacks sufficient property, including but not limiteo to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Petitioner/Defendant prays that Your Honorable Court grant an Order upon Respondent/Plaintiff: (a) Compelling the Respondent/Plainti:ff to pay alimony to Petitioner/Defendant; Respectfully l.ubmitted, )./:Jjb Go f (address) 108 ?~"(IIe. (address) fJ1J-.e~c~~r'l fA /760 (phone) 7/7. 7.3/,. ~Hr...t.. Pet! tioner IDe1' endant DEC, 1 G, 2002 1: 44PM S, S, B, & C, Hb g, P a, 17110 NO, 6661 P, 5/8 VERI F ICA.TI ON I verify thac the statements maae herein 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. Date: fJOA:. . /,z o(O~Z . ~ .rdilJ- abeth Got] UH. 10. 2002 J: 44PM S. S, B. & C. Hbg, Pa. 17110 NO, 6661 P. 6/8 I, Elizabeth Goth, CERTIFICATE OF SERV:~ do hereby oertify thclt on~c...., IJ... 2002, I served a COpy of. the foregoing upon t.he Respondent/ Plaintiff by depositing it in the United States mail, Postage prepaid, addressed as follows: Joseph Metz, Esquire KILLION 6;; METZ 214 Pine Street HarriSburg, PA 17101 - ~ ~oth ~ (address) Lft;8 ~. (address) ~chtN~ /;# /7ajl) (phone) 7/7, 7.JI~ ~7 I Pet it ioner/Defend.ant - ~ \ - \-- ~ ,.... r l' l ~ o ~ c ~~ ....N 'y '-'T - o ~ '1 * ~ (') c ~~' -00':: n'1rr ~?-~ (1) ~~~ ?,-c; ~C) ,,-~o 'y~C z ::~ CJ N Cl r"fl ("l I',) o -"\) .,.--t -~~~; '}J'~;i oj. ('-) ~_-;rn ~.---J ~4 -:~,.. .~ -:'l -~.. r;:- .- :;:J l? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH J. GOTH ) Docket Number 02-3309 CIVI Plaintiff ) vs. ) PACSES Case Number 911105134 PHILIP C. GOTH ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 21ST DAY OF APRIL, 2003 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other ALIMONY PENDENTE LITE filed on 12/23/03 in the above captioned matter is dismissed without prejudice due to: DUE TO AN ORDER OF SPOUSAL SUPPORT UNDER C#343104128. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant Lori Serratelli, Esquire Joseph Metz, Esquire - /'212'.. / /(2 / JUDGE '.. \, r r:-f~ ~ "." w. m-n 4- ;;J. s~ -072) Service Type M Form OE-506 Worker ID 21005 PHILIP C, GOTH, Plaintiff : IN THE COURT OF COMMON PLE~03 : OF CUMBERLAND COUNTY, JUtvO 15 lU : PENNSYLVANIA v, : No. 02-3309 ELIZABETH J. GOTH, Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW this ,-tII day of June, 2003, a Rule is entered upon the Defendant to show cause why the relief requested in the Plaintiffs Petition for Special Relief should not be granted, RULE RETURNABLE S~. ~_ F') IlRri flU. '-"-'. 1k- ,....;o..JO ~ f ~ )003 ~ /1..'1011''''' .:. ~ -frrl S- l Gt; ~ ~ ~r-A~I ~ I pc...) ,70/3 BY COURT: 1. I.h/6J (1.P,/ P~~{J.1 q,;"w --h 'J:.S'o.::k,Gr Cory ~ LL~ ~o Dcfl..J.. . ~ PHILIP C. GOTH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO.' 02-3309 CIVIL TERM ELIZABETH J. GOTH, Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 12th day of June, 2003, after conference with the parties, and it appearing that the mortgage has been brought current, and it further appearing that husband has the authority to pay future mortgage payments and take a credit against the support, the petition for Special Relief is DENIED. Provided, however, that wife must give husband's attorney at least 30 days notice before she vacates the marital dwelling. Edward E. Guido, J. Francis M. Socha, Esquire Attorney for Plaintiff Elizabeth J. Goth 408 Pawnee Drive Mechanicsburg, PA Defendant, Pro se 17050 ~ - ~.L &-/j,D.3 Q- srs 'i. \';-N r\\rs\.~\~\~,~,\~l,",,"", __ ,~': ." ,,\<J\\ \J },,\\,,\\,(, ' ' ' . ,..., ~. .1\', \\'t,,'.. \\;1 .\J' ,. , 'I' r(\ (1,\\ U'--' ; ~ ~C) }.:r. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLA}IT) COUNTY, PENNSYLVA}ITA v. . NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTI01\ - LAW IN DIVORCE ANSWER AND COUNTERCLAIM RAISING ADDITIONAL MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 1. Admitted. 2. Admitted 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted 9.A. Admitted. 9.B. Admitted. 1 COUNTERCLAIM RAISING ADDITIONAL MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 10. Paragraphs 1 through 9 of Defendant's Answer are incorporated herein by reference. 11. A Complaint in Divorce was filed on July 12, 2002, raising the action under the Divorce Code Section 3301(C) and 3301(D) of the Divorce Code. 12. Defendant in the above action and seeks to add the following claims to this proceeding: COUNT I. EOUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 of Defendant 's Answer and Counterclaim are incorporated herein by reference. 14. Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties in such proportions as the Court deems just pursuant to Section 3323, Section 3501, Section 3502, and Section 3503 of the Divorce Code of1980, together with any amendments thereto. COUNT n. ATTORNEYS FEES AND COSTS 15. Paragraphs 1 through 14 of Defendant's Answer and Counterclaim are incorporated herein by reference. 16. Petitioner requests the Court order Plaintiff to pay reasonable counsel fees, costs and expenses of Petitioner in this action pursuant to Section 3702 ofthe Divorce Code of1980, together 2 with any amendments thereto. COUNT III. ALIMONY, ALIMONY PENDENTE LITE & SUPPORT 17. Paragraphs I through 16 of Defendant's Answer and Counterclaim are incorporated herein by reference. 18. Petitioner requests the Court to enter an order granting alimony, alimony pendente lite and support to your Petitioner as the Court deems reasonable pursuant to Section 370 I of the Divorce Code of 1980, together with any amendments thereto. Petitioner requires reasonable support and maintenance to adequately maintain herself in accordance with the standard ofliving established during the marriage. WHEREFORE, Petitioner requests your Honorable Court to equitably divide all marital property as the Court deems appropriate, enter an award of alimony, enter an award of alimony pendente lite, support, interim counsel fees and expenses until final hearing, and thereupon award such additional counsel fees, costs and expenses as deemed appropriate and enter an award of alimony. DATE: October 13,2003 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Petitioner 3 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, ELIZABETH GOTH, hereby certify that the facts set forth in the foregoing Answer and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. DATED: /0 -! 3 ,2003 fJhr ~~J}/ilr-- ~;TH GOTH Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHILIP GOTH, Plaintiff v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy ofthe foregoing ANSWER AND COUNTERCLAIM RAISING ADDmONAL MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Francis M. Socha, Esquire 220 I North Second Street Harrisburg, PA 17110 Dated: October 13, 2003 - -p(:) ~ ~ ~~ 8 - -.J::: ~~ I ~~ ..c: N (} ger r(2 cJo .!i.. (') 0 (') ~; c.) -n ~, 0 c) r-"-' D :lJ 0) r;' -. , 1'-'" ~ :.) , en ~:- {: u h_.J W , ~.. i _r :~'rC) r:': t. --:0 .i: ~~; -'- ~:=: '. ". ~) ('") ..< ,.. l-n j,; ':-? ,) ~~ :-"~-t :..> -,,~ ::.1 :q . 0 '<. Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CI~ ACTION - DIVORCE PHILIP GOTH, v. ELIZABETH GOTH, Defendant : NO. 02-3309 RULE TO SHOW CAUSE AND NOW, TO WIT, this ~Df day of ~ , 2003 on consideration of Defendant's Petition for Special Relief and on motion of Barbara Sumple-Sullivan, Attorney for Defendant, a Rule is entered upon Plaintiff to show cause why the request for release of monies from escrow should not be granted. The Rule is returnable within Jf) days from the date of service hereof. OR ORDER FOR HEARING AND NOW, this _ day of , 2003 upon consideration of Defendant's Petition for Special Relief, a hearing is scheduled for , 2003 at .M. at the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. J 'VIN'v'^lASNN3d }JNnOO Ot,tf1l:B9wro' 1~:9 1-1'9 ;1- J3G~O I lJ\JIO\IC'\''''\ \ ":'.:.,: 'e:n ..to,) ^OV_ I I' ,.'"......~....... _1 '.- .... 3'J'" ,~ '1'''' , o::',\.,.r,....::J V;1,' / Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF 1. Petitioner is Elizabeth Goth, an individual residing at 502 Jacob Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2, Respondent is Philip Goth, an individual residing at 1197 Cross Creek Drive, Mechanicsburg, PA 17050, 3, Pursuant to the pending divorce action, the major marital asset, the marital home was sold and the proceeds of Forty-five Thousand Nine Hundred Twelve Dollars and 58/100 ($45,912.58) have been placed in an escrow account held by counsel for Respondent. 4. At the time of the sale, Petitioner was not represented by counsel. 5, Petitioner is in need of funds for the following reasons: a) Petitioner has no funds to pay counsel on outstanding legal matters arising out of this action; 1 b) Respondent has initiated custody actions concerning the single child in his custody, the parties' son, which is necessitating extended counseling costs and potentially a custody evaluation; c) Petitioner, who principally served as an at home mother and had little full time employment during the 22 years of the marriage, has not been able to find employment and currently is not employed, However, because an earning capacity has been assessed to her by Domestic Relations because of her completion of a teaching certificate, which certificate she has not used on any full time basis, her support from Respondent is significantly reduced and she cannot meet her daily needs and the needs of the two (2) minor children residing with her, as well as to continue her assistance for the parties' eldest child who is in her first year of college. Petitioner also believes, and therefore avers, that many of her employment opportunities and possibilities have been thwarted by the direct actions of the Respondent or persons involved with and related to him; d) Petitioner is involved in ancillary criminallegal proceedings arising out of allegations made by the Respondent of inappropriate behavior raised by the Respondent in dealing with the title to a marital vehicle and notice to an insurance company of missing items which arose out of Respondent and his paramour taking property from the marital home without notice to her, She must undertake the defense of this matter at significant costs. The hearing is scheduled for January 6,2004 and counsel needs to be retained. 6. 23 Pa, C.S.A. 3702 of the Divorce Code provides: In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses. Reasonable counsel fess and expenses may be allowed pendente lite. . . ' (Emphasis added) (SEE also Pa, R,C.P. 1920.13(C).) 2 7. Petitioner requests that an interim order be granted allowing her to remove the sum ofTen Thousand Dollars ($10,000.00) from the escrow of the marital home. 8, Petitioner requests that nature of this distribution be reviewed by the Master at the time of hearing on this matter and be deemed by him to either be an award of interim counsel fees or an advancement of equitable distribution for Petitioner, as the Master shall deem appropriate, 9. Numerous requests upon the Respondent, through his counsel, for partial distribution of these funds have gone unanswered, WHEREFORE, Petitioner requests an order directing the immediate release of the Ten Thousand Dollars ($10,000,00) from the escrow to Petitioner, with reservation for the Master, at the time of hearing, to determine whether same should be deemed to be a request for counsel fees or an advancement of equitable distribution to her. DATE: December,a , 2003 1/ , - ~arbara Sumple-Sullivan, Esquire I ~49 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Petitioner / / 3 Barbara Sumple-Suilivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Y. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, ELIZABETH GOTH, hereby certify that the facts set forth in the foregoing PETITION FOR SPECIAL RELIEF FOR RELEASE OF MONIES FROM ESCROW are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATED: Dc.., 0 J-, 2003 {t,J,~vYJ~ E ABETH GOTH Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHILIP GOTH, Plaintiff v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certifY that on this date, I served a true and correct copy of the foregoing PETITION FOR SPECIAL RELIEF, in the above- captioned matter upon the following individual via facsimile on December 2, 2003 and by first class mail, postage prepaid on December 3, 2003, addressed as follows: Francis M, Socha, Esquire 2201 North Second Street Harrisburg, P A 1711 0 Dated: December ~, 2003 } /// / (~ar ara S::Ple-sullivan, sqUire 549 Bridge Street New Cumberland, P A 17070 Supreme Court I.D. 32317 (717) 774-1445 ~i 8 ~ c:::J ~f!.l ,.., n ~~ I --Ji W :6- .. 9 J~ " +' . ::J: ~ - b .. ~ w (1\ 4 PHILIP C, GOTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No. 02-3309 ELIZABETH ], GOTH, Defendant IN DIVORCE TO THE HONORABLE EDGAR B. BAYLEY: PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SPECIAL RELmF 1. Admitted, 2, Admitted, 3, At the time the marital residence was sold on August 18, 2003 each party received the sum of Five Thousand ($5,000) Dollars from the proceeds of the sale, The balance of the sales proceeds is being held in escrow pursuant to the Escrow Agreement which is attached hereto and marked Exhibit "A", According to the Defendant, the Five Thousand ($5,000) Dollars she received was to be used to retain legal counsel in the divorce proceedings, 4, Defendant's request for disbursement of the I:SCroW funds is nothing more than a transparent attempt for the advancement of counsel fees, Defendant is currently unemployed despite having a Bachelor's Degree in Education and is certified as a school teacher. Defendant's lack of funds is a result of her own inability to secW'e employment. 5, The decrease in the Defendant's support by the Domestic Relations Office is a a result of a determination of the Defendant's earning capacity. The Defendant's allegation regarding Plaintiff's interference with her efforts to secure employment is nothing but a baseless I accusation, 6, The Defendant's pending criminal charges involves matters other than the Plaintiff, (No, 2003-1768 Forgery (2 cts.); Theft by Deception; No, 2003-1767 Bad Checks (2 cts.), No, 2003-1632 Theft by Deception, Fraud). Defendant's current criminal charges include forging title to a marital vehicle, jointly titled, which Defendant "traded-in" and received Five Thousand ($5,000) Dollars in cash, Further, Defendant's representations that her criminal defense is a significant cost is completely false, Defendant was appointed a public defender on September 23,2003, 7, Pending the outcome of the Defendant's criminal charges, it is conceivable that the Defendant could be sentenced to significant fines and costs, the only source of which is the escrowed funds, Defendant, through her counsel, has conducted discovery through Interrogatories and Requests for Production of Documents. Defendant and her counsel are in a position to negotiate a final equitable distribution without the need for interim counsel fees, As acknowledged by the Defendant, the major marital asset has been sold, the proceeds are in escrow and the divorce can be promptly finalized, Defendant, in addition to receiving the Five Thousand ($5,000) Dollars from the sale of the marital home and the Five Thousand ($5,000) Dollars received from the trade-in of the marital vehicle, has retained all personal items and property and contents of the marital residence. Consequently, the Defendant has already received a significant partial distribution of the marital assets, 8, For the foregoing reasons, Plaintiff submits that no distribution from the escrow account should be made at this time, There is no justification for special relief, Sufficient funds will be available for payment of Defendant's cOlmsel fees at the conclusion of 2 the divorce proceedings, As to the criminal proceedings, the Defendant is represented by court- appointed counsel. Further, Defendant criminal conduct should not be a justification for the distribution of marital assets and form the basis for special relief. Finally, if any disbursement from the escrow account is ordered by the Court, the disbursements should be made equally to both parties, WHEREFORE, the Plaintiff respectfully requests This Honorable Court to enter an Order denying the release of any monies from the escrow account to the Defendant, or in the alternative, a hearing on Defendant's Motion, Respectfully submitted: ,-l~_~~ }tf ;J~ F!ancfs M, Socha, Esquire 2201 North Se(:ond Street Harrisburg, PA 17110 (717) 233-4141 I.D, No, 29101 Attorney for Plaintiff DATED: /J/;)-/o3 domestic-soth-ans 3 ESCROW AGRE1l!MIl'!"lT THIS AGREEMENT made this 18th day of August, 2003, by and among PHILIP C. GOTH (ftp. Goth"), ELIZABETH J. GOTH (ftE. Goth") and FRANCIS M. SOCHA, ESQUIRE, ("Escrow Agent") . WITNESSETH: WHEREAS, P. Goth and E. Goth have agreed to deposit with the Escrow Agent the sum of $ r; y!;:, ,:,- "...... l;'t,;,,~ "'--. AA..o( /.(<./^,J?l€e~ 7"",;(..,3:;: (~SJ 1/1-" sf ) to be held in es ow; . . ~~l? / NOW, THEREFORE, in considerat~on of the foregoing and \.~~: intending to be legally bound hereby, the parties hereto agree~' as follows: 1. Deposit in Escrow: The parties herewith deposit in ~_. escrow with Escrow Agent, and Escrow Agent hereby acknowledges (' .) receipt of, a check in the amount of $ ~s. ;'/;) ",' ...- made () fl>D payable to Escrow Agent. Escrow Agent shall immediately "'-"IJI~. . distribute $5,000.00 to each party from the escrowed funds, ~ leaving a balance of $ '(!I 11';, F,f / . Such sumi),Ou and all earnings thereon as from time to time held by Escrow Agent (the "Escrowed Funds") shall be held in escrow by Escrow Agent and disposed of by Escrow Agent only in accordance with the Agreement. 2. Deposit of Escrowed Funds: escrow, the Escrowed Funds shall be savings account with Escrow Agent. Pending release from deposited this date in a 3. Escrow Aaent: In consideration of the acceptance by Escrow Agent of its duties hereunder, it is agreed by all parties hereto that: (a) The duties of Escrow Agent shall be solely those expressly imposed by the Agreement and this Escrow Agreement. (b) If all or any part of the Escrowed Funds is attached, garnished or levied upon under any order Exhibit "A" or parties waiving compliance. 9. Counterparts: This Escrow Agreement may be executed in one or more counterparts, which counterparts taken together shall constitute a fully executed Escrow Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WITNESS: '\ c. GOTH . #&- 't~ .., . ~TH ;&1 H ESCROW j\GENT: ~~~~~~ NCIS M. SOCHA 3 CERTIFICATE OF SERVICE I, Carrie E, Ragan, secretary to Francis M, Socha, Esquire, hereby certify that a true and correct copy of the Answer to Rule to Show Cause was delivered first class mail to the following: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 G Ct DATED: I Jj; ~ID-5 domestic-goth_CDS o c ~:~ ....., C':.:> =, '-'" Cl f"l c, (.-' .' -11 ~, nl-J ,-- "en i39 --;6 -"T o:d -:;,.(") cj,"l'l ---I j:;-": ", u; ~":l t'-..'. - , r':~ PHILIP GOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ELIZABETH GOTH : NO, 2002-3309 CIVIL ORDER OF COURT AND NOW, this 22ND day of DECEMBER, 2003, after review of Defendant' s Petition for Special Relief and Plaintiff s response thereto, a conference with counsel is scheduled for JANUARY 5. 2004, at 4:00 p.m. If counsel agree they may arrange a conference call with the Court rather than appearing in person, Edward E, Guido, J, Francis M, Socha, Esquire 2201 North Second Street Harrisburg, Pol, 17110 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, Pol, 17070 ~/M~ (J.. -J--V -(13 ~ Michael A. Scherer, Esquire 17 West South Street Carlisle, Pol, 17013 :sld -, I~:) '('J' 'i',,1 S I :8 !1d 8Z JiG tOOl .AH\/lO;\JOHIOL1d 3Hl dO 38!:J:KXElll:l PHILIP GOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ELIZABETH GOTH : NO, 2002-3309 CIVIL ORDER OF COURT AND NOW, this 7TH day of JANUARY, 2004, upon consideration of Defendant's Petition for Special Relief, and after consultation with counsel, at which time Plaintiff's strenuous objection was noted, it is hereby ORDERED and DIRECTED that a $10,000 distribution be made forthwith to Defendant from the escrow account containing the proceeds from the sale of the marital home, The issue of whether all or a portion of the distribution shall be an advance against Defendant's share of equitable distribution or dealt with otherwise, shall be reserved for the Divorce Master. Edward E, Guido, J. ;Francis M, Socha, Esquire 2201 North Second Street Harrisburg, Pa, 17110 vBarbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, Pa, 17070 >~ ~ 01-0<6-04 ./Michael A, Scherer, Esquire 17 West South Street Carlisle, Pa. 17013 :sld Vil\rv/<lAS~~!\{jd I 'i\!nr'-,""\ ".-.,'.,; "~"-.,?,I("" I\.L ',: '\.."'.-' !'.<':::'-:;~ 1. Iv L'1 :2 t~d L - NVr ".OOZ }.tIVJONOH10Ud 3Hl ::10 3:)i:lJ0-0311.:l . . . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 21" day of March, 2005, by and between PHILIP C. GOTH, hereinafter referred to as "HUSBAND," and ELIZABETH J. GOTH, hereinafter referred to as "WIFE." WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 11, 1979, in Mount Lebanon, Allegheny County, Pennsylvania and separated on December 25,2001; WHEREAS, four (4) children were born of this marriage being Adrienne E. Goth (DOB 5/29/85), Anna Leigh Goth (DOB: 4/3/87), Philip A. Goth (DOS: 2/14/89) (referenced herein as "Andy"), and Gretchen A. Goth (DOB: 2/11/95); WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the March 18, 2005 ,. . ",. 4 ., mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each ofthe parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented in the past by various counsel and is presently acting Pro Se. HUSBAND is cognizant of his right to legal representation and declares that he has chosen not to retain an attorney notwithstanding the fact that he recognizes he has an absolute right to be represented by an attorney. HUSBAND has chosen instead to negotiate directly with counsel and/or with his WIFE HUSBAND hereby acknowledges that he has done so willingly and he fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement WIFE has been independently represented by Barbara Sumple- Sullivan, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, March 18. 2005 2 ,. " having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. Both parties agree as a specific condition of this Agreement that he or she, personally or through a third party or agent, shall make no direct contact to any employer of the other. All contacts to employers shall only occur in the context of income or employment verification incident to support litigation and shall be done in accordance with the Rules of Civil Procedure in March 18, 2005 3 >> ~ " such litigation. It is the intention of the parties that this prohibition be strictly enforced. 3. FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure of income, assets, liabilities, holdings and estate. Each party warrants that the information provided has truthfully, completely and accurately described the extent of his or her present holdings, as well as the financial status of the parties at separation. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant 10 the provisions of Section 3301(c) ofthe Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with this Agreement and shall be immediately filed by counsel for WIFE. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement March 18, 2005 4 . , " '. shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term ofthis Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request ofthe other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. March 18. 2005 5 .' . . , . B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneliciary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement C:. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. These obligations shall be enforceable against the estate of each party in the event of breach. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be March 18. 200S 6 ,'. invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the March 18, 2005 7 right, at his or her election, 10 sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws ofthe Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment ofliability shall indemnifY and save harmless the other from all additional tax, penalty, and interest. March 18.. 2005 8 . , " SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property. With the exception of those items identified on Exhibit "A," the parties agree that all assets in the possession of WIFE as ofthe date of execution of this Agreement shall be the sole and separate property of WIFE. With the exception of those items identified on Exhibit "B," the parties agree that all assets in the possession of HUSBAND as of the date of execution of this Agreement shall be the sole and separate property of HUSBAND The parties agree that they shall deliver the items set forth on Exhibit "A" and "B" to the offices of WIFE's counsel at a date and time mutually agreed to by the parties and counsel for exchange of those items. This date must be set within fifteen (15) days of the date of execution of this Agreement. Each party agrees to deliver the items to the other in satisfactory condition. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. It is also agreed that the parties' Lenox Eternal China (which includes twelve (12) place settings offour (4); one (1) platter; two (2) vegetable/serving bowls; one (1) creamer; one (1) sugar; and one (1) gravy boat) and the Waterford Kylemore Crystal (which includes nine (9) wine March 18, 2005 9 : ,', '. glasses; and ten (10) water goblets) which HUSBAND has received will be the retained by HUSBAND during his lifetime and then passed to the parties' children No other disposition of this personal property shall be made to any third party. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties had jointly owned real estate at 408 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania. Said property has been sold and the proceeds were deposited into an escrow held by HUSBAND's former counsel, Francis Socha, Esquire (hereinafter "Escrow Agent"). The sums initially deposited were FIFTY-FIVE THOUSAND NINE HUNDRED TWELVE DOLLARS and 58/100 ($55,912.58). Prior to the date of this Agreement, either by agreement of the parties or order of court, sums were disbursed to each party HUSBAND has received FOURTEEN THOUSAND SEVEN HUNDRED SIXTY- SEVEN DOLLARS and 50/100 ($14,767.50) and WIFE has received FIFTEEN THOUSAND SEVEN HUNDRED SIXTY-FIVE DOLLARS and 50/100 ($15,765.50). The parties agree that from the remaining amount in the escrow, HUSBAND shall receive TEN THOUSAND DOLLARS ($10,000.00) and WIFE shall receive the remainder. Counsel for WIFE shall provide to the Escrow Agent a copy of this provision of the Marital Settlement Agreement. This paragraph is intended by the parties as express authorization for the Escrow Agent to make the disbursements in the amounts set forth above. This disbursement shall be made in two separate checks with one being made payable to HUSBAND and to WIFE's counsel on her behalf March 18. 2005 10 , In the course of the litigation, HUSBAND had made claims for reimbursement for certain monies he had advanced relative to satisfaction of mortgage delinquency prior to the sale of the marital home. HUSBAND does specifically waive said claims and releases WIFE from any cause of action for reimbursement. The parties each waive, release and quitclaim any interest the other may have in real estate which they have acquired since separation. C. MOTOR VEmCLES At the time of separation, the parties owned a 1994 Suburban which had been encumbered. The vehicle had been sold by WIFE and the proceeds were retained by her. HUSBAND waives any and all claims he may have to said proceeds or any vehicle or other asset purchased by WIFE with said proceeds. WIFE also waives any and all claims she may have against HUSBAND for reimbursement ofloan payments and repair costs she expended on the Suburban prior to sale. The parties acknowledge that controversy exists as to actual transactions related to execution of documentation (proceeds check, title, etc) at the time of WIFE's sale. HUSBAND does hereby forever release WIFE from any potential cause of action he may have arising out of her actions related to the transaction and waives any such claims (criminal or civil) against her for actions. This Agreement shall in no way be deemed as any admission of wrongdoing by WIFE and WIFE specifically denies any wrongdoing. March 18,2005 11 D. BUSINESS INTEREST HUSBAND is the owner of a construction company known as Goth Construction. HUSBAND commenced operation ofthe business in February, 2002. HUSBAND warrants that he formed this business after separation and that he used no marital monies to start, develop or otherwise fund this business's operation. HUSBAND warrants that he used no marital monies in the acquisition of assets owned by the business. HUSBAND warrants and confirms that WIFE has no obligations related to any of the business and that she has not signed personally on or been a guarantor of any such business debt. HUSBAND agrees to indemnifY and hold WIFE harmless from any claims or causes of action made against her relative to the debts and obligations of this business, including costs of defense of any action brought against WIFE related to this indebtedness. E. FINANCIAL ASSETS The parties had a PNC Checking account at the time of separation. The parties acknowledge that the account has been closed and the proceeds were used to satisfY marital debts. Each party shall each maintain any checking, savings, or other financial account as titled in their individual names presently. F. PENSIONS AND EMPLOYMENT BENEFITS Through his employment, HUSBAND had earned certain retirement benefits. HUSBAND identifies these benefits and the parties agree to the disposition as set forth below: 1) HUSBAND had a Manulife 401(K) Account, which account was cashed by HUSBAND and had a balance of SIXTY-THREE DOLLARS and 25/1 00 ($63.25). This sum shall be retained by HUSBAND. March 18, 2005 12 2:) HUSBAND also earned certain retirement benefits through his employment at Dick Corporation. At one time during the marriage, the Dick benefit was in excess of FORTY THOUSAND DOLLARS ($40,000.00). HUSBAND warrants that these monies were disbursed during the marriage before separation for marital debts and no sums remain. It is further agreed to by the parties that if any retirement benefit exists on behalf of HUSBAND through the Dick Corporation, this benefit shall be assigned in its entirety to WIFE. This shall include, but not be limited to any defined benefit or defined contribution plan. Wife has not earned any retirement benefits during the marriage. G. INSURANCE: The parties desire to provide for their children through use oflife insurance as may be available to them. The parties agree that lhe terms of this paragraph shall be binding on them and their personal representatives until February II, 2018, which date represents the twenty-third (23) birthday for their youngest daughter, Gretchen. 1) Life Insurance Available Through Employment: The parties agree that they shall immediately enroll in any group life insurance program available to them through employment. The proceeds of this life insurance policy shall be designated for the benefit of the parties' children in accordance with the schedule set forth below: a) The initial TIllRTY THOUSAND DOLLARS ($30,000.00) payable on death shall be payable in trust for the benefit of the youngest child, Gretchen. This obligation for coverage shall remain until no child support obligation would be due for her in accordance with the support laws of the Commonwealth of Pennsylvania. However, this coverage shall reduce by FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200.00) each year, commencing January I, 2006 and continuing on January first of each year thereafter until the child is no longer due an obligation of support if March 18, 2005 13 the deceased parent had survived. b) The second EIGHT THOUSAND DOLLAR ($8,000.00) payable on death of either parent shall be payable in trust for the benefit of the minor child, Andy. This obligation for coverage shall remain until no support obligation would be due for him in accordance with the support laws of the Commonwealth of Pennsylvania. However, this coverage shall reduce by FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200.00) each year, commencing January I, 2006 and continuing on January first of each year thereafter until the child is no longer due an obligation of support if the deceased parent had survived. c) Subject to the designalions set forth in (a) and (b) above if applicable, remainder of monies paid under the policy shall then be divided equally between the parties' four children in equal shares. If any child is less then twenty three (23) years of age at the time of the parent's death, his or her share shall be held in trust in accordance with the terms set forth in (d) below. If any child predeceases the parent, the insurance proceeds shall be divided equally between all surviving children. d) The proceeds payable shall be held in trust for the benefit of each child by a trustee of each party's own choosing until each child reaches the age of twenty-three (23) years. At age twenty-three (23), the trust for that individual child shall terminate and all accumulated principal and interest shall be disbursed to the child. The Trusts shall provide lhat in regards 10 Gretchen and Andy, the trustee shall pay the sum of THREE HUNDRED FIFTY DOLLARS ($350.00) each month for each child to the custodial parent to assist them with the support of these children until that child graduates from high school or turns eighteen (18), whichever is latter. Additionally, the trustee can pay for the benefit of any child such sums as the Trustee, in his or her sole discretion, shall determine is necessary to meet the child's individual needs, including but not limited to health, maintenance, medical, and educational needs. The funds shall be invested by the Trustee as he or she deems most available for the benefit of the children. All funds, including interest earned, shall be distributed to each child on his or her twenty-third (23'd) birthday. 2) Obligation To Secure A Separate Policy Of Insurance: Due to health issues from which HUSBAND currently suffers, HUSBAND is presently March 18. 2005 14 " unable to secure life insurance. This situation may change if HUSBAND is able to continue in his remission. HUSBAND agrees that once he again becomes eligible, he will agree to attempt to secure an independent life insurance policy. The parties agree that once HUSBAND is eligible for coverage, each party will seek a separate policy with a minimum coverage of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) This policy shall remain in effect until Gretchen's twenty-third (23'd) birthday. This policy shall be maintained at each party's sole cost and expense. In the event that a party has no coverage through work to be applied toward or meet the obligations set forth for Gretchen and Andy as identified above for their support while minors, each party agrees that they shall impose said payment restrictions and needs trust provision set forth in] (a) - l(d) above on the proceeds of the separate life insurance policy. 3) Miscellaneous: On the anniversary of this Agreement, each party shall provide the other with proof of the existence of insurance and the establishment of the trusts as required pursuant to this provision. II. STOCKS The parties confirm that neither has any shares of stock that are in his/her name: 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided March 18, 2005 15 .' herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties warrant that no joint or marital debts exist. 3. COUNSEL FEES The parties will each be responsible for their individual counsel fees and costs incurred in this action. However, ffiJSBAND agrees to reimburse WIFE within ten (10) days of the entry of the divorce decree, one half of the costs she has incurred in attorney's fees since March 8, 2005, which included costs of concluding the finalization of this matter. SECTION III SUPPORT, ALIMONY PENDENTE LITE, ALIMONY 1. SUPPORT. ALIMONY PENDENTE LITE. ALIMONY Except as set forth below regarding alimony pendente lite, both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, or alimony. ffiJSBAND and WIFE further, voluntarily and intelligently, March 18., 200S 16 " '. waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. An existing APL order exists for WIFE through the Domestic Relations Office of Cumberland County. The parties agree that this Order shall be forever terminated upon entry of the Divorce Decree. 2. CHILD SUPPORT An existing order exists relative to child support. Nothing in this Agreement is intended to modify that Order. A modification petition has been filed by HUSBAND in that action This issue shall be determined by the Domestic Relations Office. Notwithstanding the above, the parties further agree that WIFE has a claim against HUSBAND for a credit due for health insurance deductions previously charged against the support order, a claim for arrearages and a claim for non-reimbursed medical expenses for WIFE, Gretchen and Anna. HUSBAND may have any offsetting amount for claims for non-reimbursed medical expense for Andy. These claims shall be preserved for determination by Domestic and are not intended to be included in or otherwise disposed of by this Agreement. The parties also agree to voluntarily investigate the best economic approach to review medical insurance costs for the children. However, as a term and condition of this Agreement, March 18. 2005 17 , , . '. " both parties agree that they shall continue to share the costs of medical insurance for all four of their children until each child concludes his or her post high school education. This obligation shall continue although the parties recognize that they are no longer due support in accordance with the State Child Support Guidelines. This pro-ration of costs for coverage for all children shall be in accordance with the pro-ration of incomes assigned by the Domestic Relations Office. The parties further agree that, notwithstanding the child support order and as a tenn and condition of this Agreement, they shall hereafter agree to share equally all expenses incurred for extracurricular activities that they both shall mutually agree Gretchen and Andy can participate in. The parties do hereby agree that WIFE shall be responsible for the unusual and extraordinary expenses of Anna's senior year. The parties do hereby agree that HUSBAND shall be responsible for the usual and extraordinary expenses of Andy's senior year regardless of where he resides. The parties agree that they when appropriate, shall share equally the unusual and extraordinary expenses of Gretchen's senior year. 3. CUSTODY This Agreement is not intended to modify the current Custody Order of record relative to the parties' children. Any future modification of same shall occur through custody proceedings. March 18, 2005 18 ". SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties provided execution is concluded prior to March 31, 2005. /1 ---~ (1~ .- .- ~ Philip C. ,th , WITNESS March 18, 2005 19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personalJy appeared Philip C. Goth, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are tru_e and correct to the best of his knowledge, information and belief i '. My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :::; I day of March, 2005. N01ARlAl SEAl \' ~P.RP. SUMPlE-SUllI'IJ\l'l Nolarv publIC ROUGH NEWCUMBERlAND 80UNlV CUMBERlAND C~v '5 2001 MV commISSion bP'Ietl . -r ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personalJy appeared Elizabeth J. Goth, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief .{ .-' March 18., 2005 ;;;( ! day of March, 2004. I~SEl'l BAR AAA SUMPlE-SUllI'IJ\l'l Notary Public NEWCUMBERlAND BOROUGH CUMBERlAND COUNTY 1 MV commissIOn Expire. Nov 15, 200 20 ". Contents in Elizabeth Goth's possession which shall go to Phillip Goth: All Lenox Waterford Crystal Paterno Autographed Football Nittany Lion Statue Phillip's Sports Mugs Phi Kappa Sigma Fraternity Drawing Exhibit" A" .-' I. Contents in Phillip Goth's possession which shall go to Elizabeth Goth: Framed Gerald Putt Print of Children's Lake Tiffany Lamp Lladro Figure for Anna Leigh Framed Nutcracker Poster of Adrienne Ten (10) Longaberger Baskets (Specifically including Harbor Basket) Exhibit "B" ~,~:>- ) ,) _..l c C..J -q ,.... .1~ -(-) ,\ ; ,r-1 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Elizabeth Goth, hereby accepts service and acknowledges receipt of the above-captioned Complaint in Divorce, having received said Complaint on the 22nd day of July, 2002. c ~0orj- izabeth Goth .-.> '.::> C:'J r;.fl ~, u -n ..-{ "T: ,. ;u (..) ~'.-' -,'.., -,,, ~ l !:-/ ()': Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on July 12, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: :3/2-/ /Oe:- . C-' 'c..:;> ~;..:...' '-" '../ -il .-. ...,." :.:.) .<.. ',"j ":-';. t;; ',r- (",j ,::3 .' -' ,-;-t Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER !'l3301(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! 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: 3/2--1 /0':'- ("-..) c.~_) (:,:: -I! ,--':--\ ,.) (..", r<5-..1 ,-' ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 are made subject to the penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. DATE: .~ .0(/ {b- (ferF6 C& EL BETH GOTH r"1 ..;::"Z' ,'-..., ;.) -n L" .-" ::-,,,, ::::0 c..) \,'1 ~_ ''"r~' :'~j~: ;:,.-: . " (ji Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-] 445 PHILIP GOTH, Plaintiff IN THE COURT OF COJ\.1MON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 93301(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! 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 statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE 0 .~/, W (j~th~ ELJZ BETH GOT ::1"1 ::~-l :;.;) :",.: (.,) \ I r<} en Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 PHILIP GOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3309 ELIZABETH GOTH, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: Irretrievable breakdown under 3301(c) and (d) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on July 22, 2002. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff March 21, 2005; by Defendant March 21, 2005. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated March 21, 2005 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. / 5 Date Plaintiffs Waiver of Notice in 3301(c) DivgKe wa lIed with Prothonotary: March 31, 2005. Date Defendant's Waiver of Notice in 330){'c) Di.Jce was filed with Prothonotary: March 31, 2005. / Dated: March]Q 2005 / t~ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court lD #32317 Attorney for Plaintiff "",) 'C,;l '~...... -'" ::::,:. :,..'-< (.) - ------ () "n -c\ n -~-; ~.,~'! ..- C", - .' H :+;~,., :of. . , , , :+:ii:f.:f.:f. :f.:f.:f.:f. :f.:f.:f. :f.:f. :f.:+ '" . , H :f.;+::+' + :f. + , . .. . IN THE COURT OF COMMON PL AS OFCUMBERLANDCOUNTY , .. .. .. .. .. . . , .. STATE OF PHILIP GaI'H, . . . .. Plaintiff VERSUS .. .. .. .. . .. ELIZABE:rH GaI'H, Defendant .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . .. .. . , , , .. . . .. . . , , , , , , .. AND NOW, DECREED THAT AND PENNA, No. 02-3309 DECREE IN DIVORCE o:;r 4'.' () I' . ,." . ~2005 , IT IS ORD RED AND PHILIP GaI'H , PLAINT FF, ELIZABETH GaI'H , DEFEN ANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS W IICH HAVE , BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER YET BEEN ENTERED; All matters have been resolved between the parties pursuant to the Settlement Agreement dated March 21, 2005 and incorporated, but not into the Decree. , , , .. , , , .. , , :+ Of +:f. Am'T/~ / ~ PROTHO TARY "+'+'+ ++'+''lO :++ +'f'f' +;F. Of' Of. +>f.;f:f. + '+' .. .. , , , , , , . , . . , .. , , .. .. .. .. .. .. .. .. . , . .. .. .. . , . .. . .. .. , . .. . , .. .. .. . .. . .. .. . .. . .. . . , .. .. . . .. .. . . .. . .. .. , .. .. . .. J. .. , .. , .. .. .. .. , .. .." . ~,) -f'-.'7'7 ,/lJvI 'Z t~???fl1/ ~~L, (I'~~~~>~s.->.~ ~ $ ~'4v rp J; ';"':)1 .h 7V' C) , ...- . ,., PHILIP C. GOTH, Plaintiff IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNS AS OF VANIA vs, NO, 02 - 3309 CIVIL ELIZABETH J. GOTH, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 23--r:' day of h( 2005, the economic claims raised in the proceedings h ing been resolved in accordance with a marital settlement agre ent dated March 21, 2005, the appointment of the Master i vacated and counsel can file a praecipe transmitting the reco to the Court requesting a final decree in divorce, BY THE COURT, cc: ~~bara Sumple-Su1livan Attorney for Plaintiff Geo J;lhilip C. Goth v'Defendant ~ ViNVA1ASNN3d I 'N':O'J '''r ';.J".. ... =';W<''''\ 1\.1. 1; '-. '. ",:1t~.; ~J 1V ZZ : I Wd 8(: HVI~ SOUl A't"{i\.r)'''')li'C'''''! 3'~1 ,10 ,.ll'J. ,~\., .j,. '1..<.... ~ ILJ. .:J 3J::!.:K}-{J31I~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 21" day of March, 2005, by and between HILIP C GOTH, hereinafter referred to as "HUSBAND," and ELIZABETH 1. GOTH, herei after referred to as "WIFE." WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully j ined in marriage on August 11, 1979, in Mount Lebanon, Allegheny County, Pennsylvania nd separated on December 25,2001; WHEREAS, four (4) children were born of this marriage being Adrienne E. oth (DOB: 5/29/85), Anna Leigh Goth (DOB: 4/3/87), Philip A. Goth (DOB: 2/14/89) (refere ed herein as "Andy"), and Gretchen A. Goth (DOB: 2/11/95); WHEREAS, it is the intention of the parties to settle fully and finally their r pective financial and property rights and obligations as between each other arising out of th marnage relationship or otherwise, including without limitation (1 ) the settling of all matters etween them relating to the ownership ofreal and personal property; (2) the settling of all matter between them relating to the past, present and future support and/or maintenance ofHUSB and WIFE; and (3) the settling of all matters between them relating to any and all righls, itles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorpor ed by reference and deemed an essential part hereof in consideration of the foregoing recit s, the March 18, 2005 mutual promises, covenants and undertakings herein set forth, and for good and val able consideration, receipt of which is hereby acknowledged by each of the parties heret HUSBAND and WTI<E, each intending to be legally bound hereby, covenant and agree as follow . SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opport nity to obtain independent legal advice of counsel of their selection. HUSBAND has been i ependently represented in the past by various counsel and is presently acting Pro Se. HUSB IS cognizant of his right to legal representation and declares that he has chosen not to r tain an attorney notwithstanding the fact that he recognizes he has an absolute right to be re resented by an attorney. HUSBAND has chosen instead to negotiate directly with counsel and/ with his WIFE. HUSBAND hereby acknowledges that he has done so willingly and he fully nderstands the facts and has been fully informed and understands that, had a Court decided this atter, he may have received more or less than is provided for in this Agreement. HUSBAND nowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to att k the validity of this Agreement. WIFE has been independently represented by Barbara Su ple- Sullivan, Esquire Each party further declares that they are executing this Agreement freely and oIuntarily, March \8, 2005 2 having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any ud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate an apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, b the other in all respects as if she or he were unmarried, except as may be necessary to carry out e proVIsions of this Agreement. Each may reside at such place or places as she or he may select. ach may, for his or her separate use or benefit, conduct, carry on and engage in any business, ccupation, profession or employment which to him or her may seem advisable. This provision all not be taken, however, to be an admission on the part of eilher HUSBAND or WIFE of th lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. HU BAND and WIFE shall not molest, harass, or malign the other or the respective families of each ther, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way i terfere with the peaceful existence, separate from each other. Both parties agree as a specitic condition of this Agreement that he or she, p sonally or through a third party or agent, shall make no direct contact to any employer of the 0 er. All contacts to employers shall only occur in the context of income or employment verifi ation incident to support litigation and shall be done in accordance with the Rules of Civil rocedure in March 18, :W05 3 such litigation. It is the intention of the parties that this prohibition be strictly enfor ed. 3. .FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure ofi orne, assets, liabilities, holdings and estate. Each party warrants that the information provided h truthfully, completely and accurately described the extent of his or her present holdings, as we as the financial status of the parties at separation. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to t e provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the cuments necessmy to effectuate a divorce under those provisions concurrently with the exec ion of this Agreement. The parties agree that the Affidavits of Consent and the Waivers ofN ice shall be signed simultaneously with this Agreement and shall be immediately filed by counse for WIFE. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not spend, supersede or affect the terms of this Agreement. This Agreement, and the terms an conditions contained herein, as well as the enforcement of said terms and conditions, shall not contingent upon the granting of a Divorce Decree to either party by the Court of Common Pie of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. T is Agreement March 18, 2005 4 shall remain in full force and effect even if the parties reconcile, cohabit as HUSB and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect an not be a modification or waiver of any of the terms hereof unless the parties, in a by both parties, execute a statement declaring this Agreement or any term of this A reement to be null and void. Both parties hereto agree that this Agreement may be incorporated reference but shall not be deemed merged into any judgment or decree for divorce obtained b either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request ofthe other p y, they will forthwith execute and deliver to the other party, any and all written instruments, as gnments, releases, satisfactions, deeds, notes or such other writings as may be necessary or d sirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forev discharges the other and the estate of the other for all purposes from any and all rights and obI' ations which either may have or at any time hereafter have for past, present or future support or aintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses nd any other right or obligation, economic or otherwise, whether arising out of the marital relati ship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 980, its supplements and amendments, as well as under any other law of any other jurisdicti n, except and only except all rights, agreements and obligations of whatsoever nature arising or ich may arise under this Agreement or for the breach of any provision thereof Neither party shal have any obligation to the other not expressly set forth herein. March 18, 2005 5 B. Each party hereby absolutely and unconditionally releases and forev discharges the other and his or her heirs, executors, administrators, assigns, property and estat from any and all rights, claims, demands or obligations arising out of or by virtue of the marital r ationship of the parties or otherwise, whether now existing or hereafter arising. The above rele e shall be effective regardless of whether such claims arise out of any former or future acts, c ntracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, amily exemption or similar allowance, or under the intestate laws, or the right to take ag st the spouse's will, or the right to treat a lifetime conveyance by the other as testamenta , or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether ar ing under the laws of Pennsylvania, any state, commonwealth or territory or the United States, 0 any other country. It is expressly understood, however, that neither the provisions of this rei se nor the subsequent entry of a divorce decree are intended to defeat the right of either party 0 receive any insurance proceeds at the death of the other of which she or he is the named benefi ary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor 0 defeat the right of either party to receive any legacy, bequest or residuary portion of the other estate under his or her will, or to act as personal representative or executor if so named by the 11 of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may h have, and except for the obligations of the parties contained in this Agreement and are expressly reserved herein, each party gives to the other by the execution of this absolute and unconditional release and discharge from all causes of action, claims, demands whatsoever, in law or in equity, which either party ever had or now has a other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES e or claim to ch rights as greement an hts or inst the This Agreement shall, except as otherwise provided herein, be binding upon nd inure to the benefit of the parties hereto, their respective heirs, executors, administrators, su cessors or assIgns. These obligations shall be enforceable against the estate of each party in th event of breach. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdicti to be March] 8. 2005 6 invalid, void, or unenforceable, the remaining provisions shall nevertheless continue n full force and effect without being impaired or invalidated in any way. 10. .ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreemen contains all of the representations, promises and Agreements made by either of them to the oth for the purposes set forth in the preamble hereinabove; that there are no claims, promises representations not herein contained, either oral or written, which shall or may be c arged or enforced or enforceable unless reduced to writing and signed by both of the parties ereto. 11. BINDING EFFECT OF AGREEMENT/W AlVER This Agreement shall remain in full force and effect unless and until termina d under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provision Agreement shall not be construed as a waiver of any subsequent default of the sam r similar nature, nor shall such failure be construed as a waiver of any other term, condition, lause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party sha have the March 18, 2005 7 right, at his or her election, to sue for damages for such breach or seek such other r edies or relief as may be available to him or her, and the party breaching this contract shall b responsible for payment of reasonable legal fees and costs incurred by the other in enforcing th r rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the la of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability or failure to declare income or the wrongful claiming of any deduction shall be assessed by the 'ted States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state sa consequence of the parties' Federal and State income tax returns which were filed j intly by the parties, said tax, penalties or interest shall be the sole responsibility of the party fou d to have failed to provide the necessary information leading to the tax assessment or whose i tentional or grossly negligent errors or omissions in reporting or failure to report or file income esulted in the assessment. In that situation, the party responsible for the assessment ofliability sh I indemnify and save harmless the other from all additional tax, penalty, and interest. March 18, 2005 8 SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilit s, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore di 'ded the non- marital and marital personal and household property. With the exception of those i ms identified on Exhibit "A," the parties agree that all assets in the possession of WIFE as of the ate of execution of this Agreement shall be the sole and separate property of WIFE. With he exception of those items identified on Exhibit "B," the parties agree that all assets in the posse sion of HUSBAND as of the date of execution of this Agreement shall be the sole and sepa ate property of HUSBAND. The parties agree that they shall deliver the items set forth on Exhi t "A" and "B" to the offices of WIFE's counsel at a date and time mutually agreed to by the p rties and counsel for exchange of those items. This date must be set within fifteen (15) days f the date of execution of this Agreement. Each party agrees to deliver the items to the other in tisfactory condition. Each of the parties do hereby specifically waive, release, renounce and fi ever abandon whatever claims, if any, he or she may have with respect to any of the abo said items which are the sole and separate property of the other. It is also agreed that the parties' Lenox Eternal China (which includes twelv (12) place settings offour (4); one (1) platter; two (2) vegetable/serving bowls; one (1) cream ; one (1) sugar; and one (1) gravy boat) and the Waterford Kylemore Crystal (which includes ine (9) wine March 18, 2005 9 glasses; and ten (10) water goblets) which HUSBAND has received will be the reta' ed by HUSBAND during his lifetime and then passed to the parties' children. No other d' position of this personal property shall be made to any third party. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties had jointly owned real estate at 408 Pawnee Drive, Mechanicsb g, Cumberland County, Pennsylvania. Said property has been sold and the proceeds re deposited into an escrow held by HUSBAND's former counsel, Francis Socha, Esquire (herei after "Escrow Agent"). The sums initially deposited were FIFTY-FIVE THOUSAND HUNDRED TWELVE DOLLARS and 58/100 ($55,912.58). Prior to the date of IS Agreement, either by agreement of the parties or order of court, sums were disburs to each party. HUSBAND has received FOURTEEN THOUSAND SEVEN HUNDRED IXTY- SEVEN DOLLARS and 50/100 ($14,767.50) and WIFE has received FIFTEEN T OUSAND SEVEN HUNDRED SIXTY-FIVE DOLLARS and 50/100 ($15,765.50). The pa from the remaining amount in the escrow, HUSBAND shall receive TEN THOUS DOLLARS ($10,000.00) and WIFE shall receive the remainder. Counsel for WIF to the Escrow Agent a copy of this provision of the Marital Settlement Agreement. This paragraph is intended by the parties as express authorization for the Escrow Agent make the disbursements in the amounts set forth above. This disbursement shall be made in t 0 separate checks with one being made payable to HUSBAND and to WIFE's counsel on her ehalr March 18, 2005 10 In the course of the litigation, HUSBAND had made claims for reimburse nt for certain monies he had advanced relative to satisfaction of mortgage delinquency prior to t sale of the marital home. HUSBAND does specifically waive said claims and releases WIFE om any cause of action for reimbursement. The parties each waive, release and quitclaim any interest the other may ha in real estate which they have acquired since separation. C. MOTOR VEmCLES At the time of separation, the parties owned a 1994 Suburban which had be n encumbered. The vehicle had been sold by WIFE and the proceeds were retained her. HUSBAND waives any and all claims he may have to said proceeds or any vehicle r other asset purchased by WIFE with said proceeds. WIFE also waives any and all claims she y have against HUSBAND for reimbursement of]oan payments and repair costs she expen ed on the Suburban prior to sale. The parties acknowledge that controversy exists as to actu transactions related to execution of documentation (proceeds check, title, etc) at the time of WE' s sale. HUSBAND does hereby forever release WIFE from any potential cause of action h may have arising out of her actions related to the transaction and waives any such claims (cri nal or civil) against her for actions. This Agreement shall in no way be deemed as any admissio of wrongdoing by WIFE and WIFE specifically denies any wrongdoing. March 18, 2005 11 D. BUSUNESSINTEREST HUSBAND is the owner of a construction company known as Goth Const ction. HUSB.'\ND commenced operation ofthe business in February, 2002. HUSBAND Narrants that he formed this business after separation and that he used no marital monies to start develop or otherwise fund this business's operation. HUSBAND warrants that he used no ma 'tal monies in the acquisition of assets owned by the business. HUSBAND warrants and confirm that WIFE has no obligations related to any of the business and that she has not signed person Ily on or been a guarantor of any such business debt. HUSBAND agrees to indemnifY and hold \11il't harmless from any claims or causes of action made against her relative to the debts and oblig tions of this business, including costs of defense of any action brought against WIFE related to us indebtedness. E. FINANCIAL ASSETS The parties had a PNC Checking account at the time of separation. The pa les acknowledge that the account has been closed and the proceeds were used to satis marital debts Each party shall each maintain any checking, savings, or other financial accc nt as titled in their individual names presently. F. PENSIONS AND EMPLOYMENT BENEFITS Through his employment, HUSBAND had earned certain retirement benefit . HUSBAND identifies these benefits and the parties agree to the disposition as set forth below: I) HUSBAND had a Manulife 40 I (K) Account, which account was ca ed by HUSBAND and had a balance of SIXTY-THREE DOLLARS and ~ !loa ($63.25). This sum shall be retained by HUSBAND. March 18, 2005 12 2) HUSBAND also earned certain retirement benefits through his emp yment at Dick Corporation. At one time during the marriage, the Dick benef was in excess of FORTY THOUSAND DOLLARS ($40,000,00). HUSBAND w rrants that these monies were disbursed during the marriage before separation r marital debts and no sums remain. It is further agreed to by the parties that f any retirement benefit exists on behalf of HUSBAND through the Dick orporation, this benefit shall be assigned in its entirety to WIFE. This shall incll e, but not be limited to any defined benefit or defined contribution plan. Wife has not earned any retirement benefits during the marriage. G. INSURANCE: The parties desire to provide for their children through use of life insurance s may be available to them. The parties agree that the terms ofthis paragraph shall be bindin on them and their personal representatives until February 11, 2018, which date represents the tw nty-third (23) birthday for their youngest daughter, Gretchen. 1) Life Insurance Available Through Employment: The parties agree that they shall immediately enroll in any group life insuran program available to them through employment. The proceeds of this life insurance policy sl II be designated for the benefit of the parties' children in accordance with the schedule se forth below: a) The initial THIRTY THOUSAND DOLLARS ($30,000.00) ayable on death shall be payable in trust for the benefit of the youngest hild, Gretchen. This obligation for coverage shall remain until no hiId support obligation would be due for her in accordance with the suppc laws of the Commonwealth of Pennsylvania. However, this coverage sh I reduce by FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200 0) each year, commencing January 1, 2006 and continuing on Janual'] first of each year thereafter until the child is no longer due an obligation 0 support if March 18, 2005 13 the deceased parent had survived. b) The second EIGHT THOUSAND DOLLAR ($8,000.00) pa ble on death of either parent shall be payable in trust for the benefit of the mnor child, Andy. This obligation for coverage shall remain until no sup Jrt obligation would be due for him in accordance with the support laws of he Commonwealth of Pennsylvania. However, this coverage sh I reduce by FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200 0) each year, commencing January 1, 2006 and continuing on Januaf' first of each year thereafter until the child is no longer due an obligation 0 support if the deceased parent had survived. c) Subject to the designations set forth in (a) and (b) above if ap licable, remainder of monies paid under the policy shall then be divid equally between the parties' four children in equal shares. If any chil is less then twenty three (23) years of age at the time of the parent's deat , his or her share shall be held in trust in accordance with the terms set fc h in (d) below. If any child predeceases the parent, the insurance pro eeds shall be divided equally between all surviving children. d) The proceeds payable shall be held in trust for the benefit of f ch child by a trustee of each party's own choosing until each child reaches "e age of twenty-three (23) years. At age twenty-three (23), the trust f r that individual child shall terminate and all accumulated principal, d interest shall be disbursed to the child. The Trusts shall provide that i regards to Gretchen and Andy, the trustee shall pay the sum of THREE IT n\TnRED FIFTY DOLLARS ($350.00) each month for each child to th custodial parent to assist them with the support of these children until t at child graduates from high school or turns eighteen (18), whichever slatter. Additionally, the trustee can pay for the benefit of any child s h sums as the Trustee, in his or her sole discretion, shall determine is ne ssary to meet the child's individual needs, including but not limited to ealth, maintenance, medical, and educational needs. The funds shall e invested by the Trustee as he or she deems most available for the bene t of the children. All funds, including interest earned, shall be distribu d to each child on his or her twenty-third (23'd) birthday 2) Obligation To Secure A Separate Policy Of Insurance: Due to health issues from which HUSBAND currently suffers, HUSBAND i presently March 18, 2005 14 unable to secure life insurance. This situation may change if HUSBAND is able to ntinue in his remission. HUSBAND agrees that once he again becomes eligible, he will agree to secure an independent life insurance policy. The parties agree that once HUSB coverage, each party will seek a separate policy with a minimum coverage of ONE THOUSAND DOLLARS ($100,000.00). This policy shall remain in effect until Gr chen's twenty-third (23'd) birthday. This policy shall be maintained at each party's sole cos and expense. In the event that a party has no coverage through work to be applied toward or mee the obligations set forth for Gretchen and Andy as identified above for their support whi mmors, each party agrees that they shall impose said payment restrictions and needs trust pr ision set forth in lea) - led) above on the proceeds of the separate life insurance policy. 3) Miscellaneous: On the anniversary of this Agreement, each party shall provide the other wit existence of insurance and the establishment of the trusts as required pursuant to thi rovlslon. H. STOCKS The parties confirm that neither has any shares of stock that are in hislher na e: 2. DEBTS Each party represents that they have not contracted any debt or liability for t other for which the estate of the other party may be responsible or liable except as otherwise p ovided March 18, 2005 15 herein, and that except only for the rights arising out of this Agreement, neither part will hereafter incur any liability whatsoever for which the other party or the estate of the ther party will be liable. Each party agrees to indemnifY and hold harmless from and against aI future obligations of every kind incurred by them, including those for necessities. The part s warrant that no joint or marital debts exist. 3. COUNSEL FEES The parties will each be responsible for their individual counsel fees and cost incurred in this action. However, HUSBAND agrees to reimburse WIFE within ten (10) days the entry of the divorce decree, one half of the costs she has incurred in attorney's fees since M ch 8, 2005, which included costs of concluding the finalization of this matter. SECTION ill SUPPORT, ALIMONY PENDENTE LITE, ALIMONY 1. SUPPORT. ALIMONY PENDENTE LrrE. ALIMONY Except as set forth below regarding alimony pendente lite, both parties ackn ledge and agree that the provisions of this Agreement providing for equitable distribution of m 'tal property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in 11 and final satisfaction of any claims or demands that either may now or hereafter have against t e other for support, maintenance, or alimony. HUSBAND and WIFE further, voluntarily and in lligently, March 18, 2005 16 waive and relinquish any right to seek from the other any payment for spousal supp , alimony, alimony pendente lite and maintenance. An existing APL order exists for WIFE through the Domestic Relations om e of Cumberland County. The parties agree that this Order shall be forever terminated u on entry of the Divorce Decree. 2. CHILD SUPPORT An existing order exists relative to child support. Nothing in this Agreement s intended to modifY that Order. A modification petition has been filed by HUSBAND in that acti n. This issue shall be determined by the Domestic Relations Office. Notwithstanding the above, the parties further agree that WIFE has a claim a ainst HUSBAND for a credit due for health insurance deductions previously charged agai st the support order, a claim for arrearages and a claim for non-reimbursed medical expens s for WIFE, Gretchen and Anna. HUSBAND may have any offsetting amount for claims for non eimbursed medical expense for Andy. These claims shall be preserved for determination by Do estic and are not intended to be included in or otherwise disposed of by this Agreement. The parties also agree to voluntarily investigate the best economic approach t review medical insurance costs for the children. However, as a term and condition of this A reement, March 18, 2005 17 both parties agree that they shall continue to share the costs of medical insurance fo all four of their children until each child concludes his or her post high school education. This ligation shall continue although the parties recognize that they are no longer due support in ccordance with the State Child Support Guidelines. This pro-ration of costs for coverage for 1 children shall be in accordance with the pro-ration of incomes assigned by the Domestic Rei ions Office. The parties further agree that, notwithstanding the child support order and a a term and condition of this Agreement, they shall hereafter agree to share equally all expenses curred for extracurricular activities that they both shall mutually agree Gretchen and Andy can articipate in. The parties do hereby agree that WIFE shall be responsible for the unusual a d extraordinary expenses of Anna's senior year. The parties do hereby agree that HU BAND shall be responsible for the usual and extraordinary expenses of Andy's senior year regar ess of where he resides. The parties agree that they when appropriate, shall share equally the unu ual and extraordinary expenses of Gretchen's senior year. 3. CUSTODY This Agreement is not intended to modity the current Custody Order of reco relative to the parties' children. Any future modification of same shall occur through custody oceedings. March 18, 2005 18 SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVE 88 The parties acknowledge that this Agreement shall become effective when a ually signed by both parties provided execution is concluded prior to March 31, 2005. // , .i ~ / , i I WITNESS March 18, 2005 19 COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commo County, personally appeared Philip C. Goth, who being duly affirmed according t and says that the facts and matter set forth in the within and foregoing Marital Set Agreement are true and correct to the best of his knowledge, information and beli ealth and law, deposes ement d su-~cribed to before me this :;;1 day of March, 2005. COMMONWEALTH OF PENNSYLVANIA NotARIAL sEAL BAllBI>.RA SUMPlE,SULUV Notol'/ Public H NEWCUMBE~~J> ~~N CUMBER"". v, 2007 mission Expires No My com My commission expires: COUNTY OF CUMBERLAND ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commo County, personally appeared Elizabeth J. Goth, who being duly affirmed accordin deposes and says that the facts and matter set forth in the within and foregoing Ma Settlement Agreement are true and correct to the best of her knowledge, informat ealth and to law, tal n and belief ,/" ribed to before me this ;;;( I day of March, 2004. _///' /' / PUBLIC /' My commission expires: ----' lll'\l SEI>.L BAll I>. SU~PLE,SULlIVAN Notarv Public NEWCUMBERlAND BOROuGH CUMBERlAND COUNlV My commIsSIOn Expires Nov 15. 2007 March 18, 2005 20 Contents in Elizabeth Goth's possession which shall go to Phillip G h: All Lenox Waterford Crystal Paterno Autographed Football Nittany Lion Statue Phillip's Sports Mugs Phi Kappa Sigma Fraternity Drawing Exhibit "A" Contents in Phillip Goth's possession which shall go to Elizabeth G h: Framed Gerald Putt Print of Children's Lake Tiffany Lamp Lladro Figure for Anna Leigh Framed Nutcracker Poster of Adrienne Ten (10) Longaberger Baskets (Specifically including Harbor Basket) Exhibit "B"