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Home My WebLink About00-01263 ~':~ ~ ~.~ ;, '".' ~ i ~."# ~ ~ ~.'~ ~ ~.~ ~ '.. ;.,:~ ~ ;..; ~ ~ ~ ~.~ ~ ;;4 ;.'~ ~ ~ ~.~ ~ ~.~ ~ S ~i t ~.~ * ~.~ ~ ;.,:~ ~ ~i ~ ~ ~ ~ ~ ;..; , ~.~ ~ ~.~ ~ !<: ;..; ~ ~~ ~ M ~.~ .;,. ~ i ~ ' ,..:,,':..... '.:.' , ;."", ~ ~~ ~ ~~~~~~~~~~~~~~~~~~~~~~ 1/.. '1 , , IN THE COURT OF COMMON, PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ,lIeWJJ..,.,. GIH3:BR'l'.,.,...." ,.. No. ....~QQ.O'.......... - ..1.26.3......., tg> .:Pli;l:!.n.t:jJJnn... Versus ..nTHClMASnG~.GILBERT." . ..,.,...,.".P!;!:f~t DECREE IN , D I V 0 R C E o:t'ti'36AA. AND NOW, ....~..~.1.1......., ~~.., it is ordered and decreed that . ..1f~:\.Q:\. .:y, .G:i)J;X;l+t.. . . . . . . . . . ... . . .. .. . ... . .. . ", plaintiff, and. . . . TP.OlIlaS. G.. G;ilblar.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; A. Marr;iage. Se.t.t.lemen.t Agr.eernent .was .executed .by . the . parties .on . December .5, 2111111.. PPA ;i,s. ;incp:rpor.ate.d hut not merged .into. . .decree.in.divQrG:e.. .A.. Custody Agreement was executed by the . on 5, 20.0.0., and is incorporated but not merged into this ree in _________u Prothonotary By Attest: ..,a....." ._ ~_o _~ , ~,_ . 'r' '.-.' --". ,'0 '-'." W ~.~ i ~~~ ~.~ I t) ~ ~.~ ~ "'~~" ~ ~:~ i i ~.~ ~.~ ~ ,Yo ! ".'. W ~~ ~ ~.~ I ."'0 ~.~ ~ ~ ~.~ ~'S , .,'", ~'s ~ ~ ~.~ ~ ~ ~.~ ~ ~.~ , ~ ~.~ f.~~ ~ .',; J. ,'~ ~ ~ . ~ ~.~ 1';'-'-'- .'.~,""'i.~' ,'~~,.~, . .l<o1l......".~II-. -j =.- ,.", ,-- ". ,-. '~"- .'''-- - ..... 'C, """ '-~ ~ . . . /~~.tJl &I-~/N~ ~4~~ leN,OI '71~ ~0 4' ~ , j. ',- .J l' '\ -, , HEIDI L. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO, 2000-1263 Civil THOMAS G. GILBERT, Defendant CIVIL ACTION - LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT AND NOW this S''#t day of ~k , 2000, come the parties, Heidi L. Gilbert (hereinafter referred to as "Wife") and Thomas G, Gilbert (hereinafter referred to as "Husband") intending to be legally bound as follows: WHEREAS, the parties are Husband and Wife having been married on September 28, 1991, in Currituck, North Carolina; and WHEREAS, the marriage of the parties is irretrievably broken; and WHEREAS, the parties wish to set down in an Agreement the remaining property matter between them. NOW THEREFORE, the parties provide as follows: 1. The remaining marital property of the parties is a 1994 Jeep Cherokee. Currently, the Jeep is titled in both Wife's and Husband's names, 2. The parties agree that Wife will retain sole possession of the 1994 Jeep Cherokee, 3. Husband will make monthly payments owed for the] 994 Jeep Cherokee for the six (6) months immediately following the date of execution of this Agreement. ~ . ", 4, Wife will be responsible for maintaining an insurance policy for the operation of the Jeep in her name. Wife shall be responsible for the insurance premiums due under that policy, 5. At the end of the 6-month term for which Husband is responsible for monthly payments on the 1994 Jeep Cherokee, the parties will do everything in their power to have the Jeep Cherokee titled into Wife's name alone In any event, once the 1994 Jeep Cherokee is paid off in full, Husband agrees to transfer title to Wife's name alone. 6, This constitutes the entire agreement between the parties, Any amendment to this Agreement must be made in writing and signed by both parties hereto, WHEREFORE, intending to be legally bound and on the date first set forth above the parties set their signatures below 0ff,;ci.1IIMJ ~ Heidi L Gilbert . ~,~ 2 " , ~ '" 'r ". -- COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF We..stmore. 10 ncL ss: ) On this Jc,thday of De.C.Lmbu ,2000, Heidi L. Gilbert known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, In witness whereof, I hereunto set my hand and official seal. ~~~ My Commission Expires: Notarial Seal ' ShellY L Shawley, NOtary PubIIo SaIlIlck Twp., Fayette County My Commission Expires April 2. 2001 COMMONWEALTH OF P ENNS YL VANIA) ember, ,ennsylvania ssociation 01 otartes COUNTY OF ('umber/and. SS: ) On this ~ day of Df'rmne r , 6)()JO , Thomas G. Gilbert, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained In witness whereof, I hereunto set my hand and 0 ial seal Notarial Seal . Sallie Osman, Notary PubliC Carlisle Bora, cumberland County My Commission Expires Mar, 29, 2004 , Notary Public My Commission Expires:J/07V'Clj , J ::;'0'"'" --,. "'"< ~ --~ -::>. , -" , t-~, i' ^ _~ M"" . ALL-STATE LEGAL, A DIVISION OF ALL-STATE'" INTERNATIONAl, INC. FORM NO.: 07162-BF. 07153-BL. 07155-GY. 07156-WH . .' ,"-' ~. n )> :;: 'U ;lIi J: - 0 p <5 r r l> ~ ';:j 'U '11 111 111 CIl - :ll j Z Z )> Z ~ '-I III Z W -< 0 0 - !( 0 , ~ )> C ;lIi Z ~ [T\ 0 ): Z 111 '-I Z Z 0 C [T\ - 111 0 0, -< 10 - III (') ~; ;:R.t?: 2:' ~:L """C' en _" -~, ~t:; ~p :.;;; '-j -<; . - a f._ :;'r:_'", '-',.;,0 , (..,) ~ .:r.) c::. ~::.:j -;~" :l,J -< '~1Jl.; --.,~. . r .. , '" HEIDI L. GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1263 Civil THOMAS G. GILBERT, 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: 1. Ground for a divorce: irretrievable breakdown under Section3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint:04/03/00 Certified Mail. An Acceptance of Service was filed on Aori111. 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff 12/26/00, by the Defendant 12/05/00. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary 01/03/01. Date Defendant's Waiver of Notice in Section 3301(c) was filed with the Prothonotary 01/03/01. Date: IWk- Kennedy, Esquire r the Plaintiff " ~'. , """J < , r HEIDI L. GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ot/~ -----/lG3 ~ THOMAS G. GILBERT, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this Cf day of fuc'" , 2000, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before l:r""- iI"""'. ~, ~c\o-. \ '. 8;(\. the conciliator, at 39 'W. \-.lQ,\I\~+') '-...kd'(r\\(~~ " Q~ , on the \~ day of k;:D \ , 2000, at \ \ o'c!ockQ .m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court: ~\'-~~'~\K\~)~' Custody Conciliator c'\S) ) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ."" --," '1!l1iiijlil~~liW ., ~~~~"". ." 'OIlQ~"~1~1Iln/""""'1" L,~lliIJIj~""" ..... , . M ''''.' -<0- ","J...'~' - - _ ~ , .li!!laIl$.'~~"''"''" . FilED-OfFICE OF 1'1,;,: cQi"\l'PC\NO'AI<Y ,I "._ t r -4) "lJ, I . 00 MAR 13 Pi'l 3: 1.2 CUMBERLAND COUNTY PENNSYLVANIA 3'/J.oCJ &/. ~ ~-P4 JLIl~. 3 '/300 '7!d0 ,~ &, ~Lf. > '-. -V~ .].13.CJCJ ~ ~ ~ 4~ . "~ _. u .. ..,._' . - , .'J',' , , I!! . . r HEIDI L. GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. THOMAS G. GILBERT, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED , YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 , ,,-- , , , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO, ~ -/d~3 ~-r;....... HEIDIL. GILBERT, Plaintiff THOMAS G. GILBERT, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, HEIDI L. GILBERT, by and through her counsel, Kollas and Kennedy, and respectfully represents as follows in support of the within Complaint: 1. Plaintiff is Heidi L. Gilbert, an adult individual currently residing at 32 Millers Gap Road, Enola, P A 17025. Plaintiff's Social Security Number is 164-54-4472. 2. Defendant is Thomas G. Gilbert, an adult individual currently residing at 103 Oak Avenue, Camp Hill, P A 17011. Defendant's Social Security Number is 568-13-9793. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4, Plaintiff and Defendant were married on September 28, 1991, in Corolla, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant are both citizens of the United States, , " , , COUNT I - DIVORCE PURSUANT TO ~3301(c) OR (d) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. COUNT II - FAULT DIVORCE PURSUANT TO ~ 3301 (3)(3) OR (3)(6) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 ofthis Complaint are incorporated herein by reference as though set forth in full. 11, Defendant by cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse. 12, Defendant offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. COUNT ill REOUEST FOR EOUITABLE DISTRIBUTION PURSUANT TO SECTION 3502 OF THE DIVORCE CODE 13. Paragraphs 1 through 12 are incorporated herein by reference as though set forth in full below. 2 ~ - " ~- ~ . . , 14. Plaintiff requests this Honorable Court to equitably divide, distribute or assign marital property between the parties and to assign the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. COUNT IV ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS 15, Paragraphs 1 through 14 are incorporated herein by reference as though set forth in full below 16, Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. 18. Defendant earns in excess of Plaintiff and has assests which have not yet been acertained. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation, COUNT V - CUSTODY 21. Paragraphs 1 through 20 of this Complaint are incorporated herein by reference as though set forth in full, 22. A minor child has been born to the marriage between Plaintiff and Defendant: (a) A Daughter, Nicole Elizabeth Gilbert, was born on July 26, 1993. 3 '.0"1 ,- - : 23. The child is presently in the custody of Plaintiff and Defendant. 24. In the past five years, Nicole Elizabeth Gilbert has resided with the following persons and at the following addresses: Heidi Gilbert and Thomas Gilbert 33 Sample Bridge Road Mechanicsburg, P A 7/93-5/96 Heidi Gilbert and Thomas Gilbert 32 Millers Gap Road Enola, P A 5/96-2/12/00 Heidi Gilbert 32 Millers Gap Road Enola, P A 2/12/00-Present 25. Plaintiff is aware of no pending custody proceeding concerning the child in a court of this Commonwealth. 26. The Plaintiff seeks primary physical and legal custody of the child, Nicole Elizabeth Gilbert. 27. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has maintained the role of primary caregiver to the child. (b) Plaintiffis more likely to facilitate a relationship between the other parent and the child. (c) Plaintiff can provide a nurturing, stable, and loving environment for the child. COUNT VI - REOUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DNORCE DECREE 28. Paragraphs 1 through 27 ofthis Complaint are incorporated herein by reference as though set forth in full. 4 '.; "---""'" - - ,,~ . - \ ~ '. ,. 29. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 30. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant and is hopeful that Defendant may also be willing to enter into a marital settlement agreement. 31. To the extent that a written settlement agreement might be entered into between the parties, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties, WHEREFORE, the Plaintiff prays that Judgment and Decree be entered as follows: (a) As to Count I, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (c) or (d); and (b) As to Count II, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (a)(3) or (a)(6); and (c) As to Count III, that an Order be entered equitably distributing property of the marriage; and (d) As to Count IV, that your Honorable Court enter an award of Alimony Pendente Lite, interim counsel fees and costs followed by a hearing and final award of Alimony, cost and fees as deemed appropriate; and 5 , , L'!"', , <' DATE:~ IfD -1 , ~,., < -', ,. (e) As to Count V, that primary physical and legal custody be granted to Plaintiff; and (f) As to Count VI, that any settlement agreement reached between the parties be incorporated but not merged into the decree in divorce. RESPECTFULLY SUBMITTED, Mary Kollas KOLLAS KENNEDY J.D. No. 69246 1104 Fernwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 Telephone: (717) 731-1600 ATTORNEY FORPLAfflTWF 6 " HEIDI L. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. THOMAS G. GILBERT, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, HEIDI L. GILBERT, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. .,.-4 JdrJJJ;!~f)~ eidi L. Gilbert DATE: 3/3100 ~-~ ~ - - 1':- 't '~ ALL-sTATE LEGAL. A. OMSION OF ALL-STATE"' INTERNAT1ONAL.l~. FOAM NO.: 07152.BF .lJ7163-BL '0711l>-GY. 07168-WH n > :;r: "1l ;lIi :I - 0 F 0 r- j I> ~ > 'I "1l "II III III o III - ;a ~ Z ~ > Z Z ... III ~ III Z ~ ~ o ~ c o , - )i O~;lIi 2l z ~ ~ 1I1 0> III z, ~ z ::s Z c: 1I1 III ~ - Ol CD iii \-...",. ~ ~ -..o~ )v &. ~~ - """' ~ ~ ~ ~ ~ "' D () c:: s: -oeD rnrn Z::D zr- ~?Z (;20 ~o :i>g ~ 0, 0 Ci 4'1 :x ;po ::;0 I (T\ -0 :::u: 'i: eN W .... ":7::.""t'1 i\"1-p: -'rim -50 (:)6 ::;:1 .yj -'''''"23 ~Pn S\ ~ " III . HEIDI L. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant . CIVIL ACTION - LAW . IN DIVORCE , ACCEPTANCE OF SERVICE I, THOMAS G. GILBERT, accept service of the ORDER OF COURT and COMPLAINT IN DIVORCE and certifY that I am authorized to do so as the Defendant. Date. ~ r 3 r 2oeo .. . "" - ~ ., ,," ^ t, .".' -. ' "" 0.. ,~,_ ,_'_'-!C_.","' ,; -f -~ ,,--" .-" ~ ~ , .!:'.~ . J ALL-STATE LEGAL, A DIVISION OF ALL..sTAre-1NTERNATlONAL, INC. FORM NO.1 07162-8F '071JB.8L. 07165-GY. 07156-WH \ , ~-,.. .' n > i!: 'U ;;IIi :5 ~ 0 F~~~ '3;gIllOcn ::!Z~~:> .... ~ =: ~ z ~ ~ g tp C iii )' C ~ ;;IIi o z ), , JII 0:;: ;c: ~ Z ~ ~ =: ~ = III C -< ell III iii (') ~ ;;.,.., -oCl) rnr,~ Z::r,' ZC.~ ,~:,,, ,<0 I> ...." Z~(.-l) -.... P,- Z =< . ~'" C> Cl ~ -'\..; 0'" " " ):f'j .:;1 1"1[","\ .::=:, ~-") '.'.':() ~ -- . -.... ~:~ ~~2, ::"1 -.,. ~ Cf? ,,:J1 .r." " , J - HEIDI L. GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. : NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant : CIVIL ACTION - LAW : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) or (d) of the Divorce Code was rued on March 6, 2000. An Acceptance of Service was signed on April 3, 2000, and rued with the Prothonotary on April 11, 2000, 2. The marriage ofthePlaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of ruing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: I C), -~ U;-CO in (j,'} 1l ~) HEIDIL. GILBERT <--'-5-"'-'- ,<".- ."",", "'1(-" -.-^., ,".= "-r',,","'-', - '-"C-'-',"; , "C '" .-- " ALL-STATE LEGAL.. A ~IVISION OF ALL_STAn- INTERNATIONAl. INC. FORM NO.: 07152.Bf. 07153-BL' 07155-GY. 0715il-WH , -, ~ ;: 'U '" J: - 0 p 0 ~ ~ r .. ';;j 'U '11 !II !II o 1Il ~ Z ;u ~ )> z Z '-I Ul :$; !II Z CO ~ 0 ~ 0 - 0 , ~ 0 ~'" g ?: ~ 'ITI 0 )> !II >: Z ~ z :$; Z c: ITI - !II 0 - -< m '" iii 0 0 0 C '7'1 ~-: '- ,J cn ';2':"" rnr-;, ::'j~: ::-1-] Z:T..1 , Ze- I r-~ :-;:... ~:':{' G) , '~..' 1":....-- ~:~:, <l....! -~J ,. --:'1 ~>r, ~. -;.::;' L?.'"'-"' . ".' ,-J ..,,> l.) r:y 7:, [T] """ c:: '--': Z :j) :.:t-'~ :< :0 0 -< . I . - - . HEIDI L. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant CIVIL ACTION - LAW INDNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER li3301(c) OR (d) 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 ifl do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. -AD; rt ,~lJlhn j HEIDI L. GILBERT DATED: (d. ';)..{.D-(j::) r,~_ ,~-~--_?' "'---,',,-',-':''','':--',,-.=,'f:"e''-'''. .-"_~, ,"",- ,,-"',,_ _", _ +,_," "''-'-,- ~ ~ p "' AlL-STATE LEGAL, A DIVISION OF ALL.sTATE" INTERNATIONAL, INC. FORM NO.' 07152-BF' 07153-BL. 07165-GY. t\71&f1..WH "" , . - n > 3: "D ^ J: 0 0 p ~ ~ r J> -;;, "D 'II PI PI 0 Ul - ~ :lJ l> j z z ::: ~ z " Ul 61 ~ o ~ c , o , Oi )' C~^ 0 Z ~ ~ ~ 0 )> " ~ ::: z 0 c: 1'1 - PI C - -< , GI '" - N D 0 () C ~"T. ~~: '- 'TJ CU ,:"" :-q t11 f"; 1 _.~. --,~ Z:'CI ,rl:__ r- Z ;~ I 23 (fJ GO ~~~ (~ ~. -,^,-'- ~ r:: c' -0 -" "'- -on ...>-'" c.' -.- (, ") ('5 z r, rn j;: '_.J r:Y i:~ c ~ 'J' ~ ::0 c:' -< , . , - . HEIDI L. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) or (d) of the Divorce Code was filed on March 6, 2000. An Acceptance of Service was signed on April 3, 2000, and filed with the Prothonotary on April 11, 2000. 2, The marriage of the Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 94904 relating to unsworn falsification to authorities. DATE: ;:;'/S/o 0 -~ .- . .. '~,--, -, .., , -,,,,.,.,,,. - 'i':>.}- ",_~",",,_'_,,_,_-__",,_ e. . .,',\ -,-, ,-H-',,<' '-'0,' '.,r- , .,0,-"".",,-,,'-'1--.." - - ~.- - "_,I," _ ,.___,-,_._,"~..,,'O _f~-- Al..l-STATE LEGAL, A DIVISION OF ALL-STAtce INTERNATIONAL, INC. FORM NO.: 07192-BF. 07153-BL. 071S5-GY. ~158-WH . ~ ,--...:.: ~ ---"~ n )> ii: 'U ~ J: - 0 F - 0 ~ f r J> ';:j 'U '11 ll\ ll\ o Ul ~ Z ;0 ~ )- Z Z .... '" :'IE ~ z Co> ~ 0 '" 0 - 0 , ~~ C;; ;Ii C 0 Z ~ 'l'I 0 > ~ Z ll\ - z :'IE z .... c: l'I 0 ll\ 0 0, -< '" III , (") c: <.: vB"' rnr1~~ ~~~ )3: r' -;7".....--' ~C) ...~c= ",- ::;! o .-..... , , -r.t L.. J:;;:a ::;J~ "_'0' r , c-.,) ;,,!,;;-~'r: __:rC) 'T, __ . ',1 ~",,) ("') .'.-.-,-,., ~i" :IJ .< -'1:1 :;..) "':..--' C) ,,,,","";;-;' ~ . '- '~ ... , . . HEIDI L. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OR (d) 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 statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities, DATED: J~/d(JO -" ....- -~ -~---'>.--',.. .-',,_p'.. :t,'- ",,""'",;<3. ,~"'C _."",,___~"_c ~ , ,'-c-,--'7', ,. , ~1" -~,_ ','~ = ~J " -_ - .., _ _.'__~' _.,""",',C ,'",'-"""",_",,",, ..._,,'.. ,"~C__l ".~.- ~~'-- , ~ ~~ -- 3 11 )- 3: ~ - '" roO r l>o ~ r ~ 'II ... -I ~ ~ III III 0 (/) j~~~> '-J Ul ~ ~ z ~ ~ 8 Ul 0 CllO':' ~ 0 ~ '" z ), , 1'1 o ;;; < \: Z ~ ~ z :;j C rrI 2 III 0 ~ -< '" - II> ,1,_" ~. it; ~ I.,,-~ , ALL-STAtE LEGAL, A DMSION OF ALL-sTATE" INTEflNATIONAL, INC. FORM NO.: 07162_6f' 07153-Bl' 07156-GY. 07156-WH -','<. .- . - . 0 0 C) c::: -';j s. ~ ----; -nee :-;.. "' 1\-"1 no: Z-,) '" 0;5": u c..; (:'~r-} ;;/ ,,- ~r:) -0 ~cjc~ J>.-. ---'- z;.-) r:-1 3rT! >c -, -.". j:;;. S2 ,:,;) "''0 (::> "< MAY - 1 ZOO~ HEIDI L. GILBERT, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1263 CIVIL TERM : . CIVIL ACTION - LAW . THOMAS G. GILBERT, : Defendant : IN CUSTODY ORDER OF COURT AND NCm, this 26th day of April, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for April 27, 2000 is canceled. FOR THE COURT, a.-~_~~ ~ Dawn S. Sunday, Esquire Custody Conciliator ';~_UI , ~ . ,~ . '"' ,~ ,1IIII!III!lI~ "" I '""'I" ~1 ,.~ >, ~ ~ ,~' ; , '^ "- dS~~ ~~-, ~ , -;7 :;"{-' -- , ~!'!!I~~~""'f",,",__". lil<, c c ;-~ C~ --< :....c.-' -..:; ", ~~J ,""'lfJ!~~_"__ "'W , . HEIDI L. GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER OF THE COURT AND NOW, this 727 ~ day of V1il;J 1 ,2000, following consideration of the attached Agreement for Custody dated May 15, 2000, between the parties, the Agreement is hereby entered as an Order of Court. BY THE COURT: ',,,,no,.,, ,. J C) c.'J 5:; C::) -,,--~ - -> c_~,< ['-J C) o -"n --j -02 -,-,:j--r) --::rj ~::J ,..-.... I ~~~ ~? ;~~:D ;~~~ Cy ~ :;Q -< -,'":J -"'. S^! co " HEIDI L. GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant : CIVIL ACTION - LAW : INDNORCE AGREEMENT AND NOW this IS daYOf~ 2000, come the parties HeidiL Gilbert, hereinafter referred to as "Mother," and Thomas G. Gilbert, hereinafter referred to as "Father." Intending to be legally bound, the parties hereby agree as follows: WHEREAS, Mother and Father desire to enter into an Agreement for the custody of their daughter, Nicole Elizabeth Gilbert, born 7/26/93; and WHEREAS, the parties are the natural Mother and Father of the child Nicole Elizabeth Gilbert; and WHEREAS, the parties intend that this Agreement be entered as an Order of Court; and NOW THEREFORE, Mother and Father provide as follows: L Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody. 3. Father shall have partial custody on the following schedule: , ",_ '''''-',1_-' - ~-" ,-, " ,T- "' (a) Father shall have custody of the minor child every other weekend. Custody shall start Friday, April 21, 2000. Father shall pick up minor child from school and drop off child at school Monday morning. (b) Father shall have custody every other Thursday evening, beginning April 13, 2000, when Father does not have child on the weekend. Father shall pick up child from school and return child to school the following day. (c) Holidays shall be shared as follows: L Father shall have the child during Easter in the year 2000 and every even year thereafter from 4:00 p.m. on Friday until 7:00 p.m. on Sunday. The parties shall alternate Easter so that Mother shall have the child at the same times in the year 2001 and every odd year thereafter. 2. Mother shall have the child every Mother's Day from 9:00 a.m. until 9:00 p.m. 3. Mother shall have the child on Memorial Day in the year 2000 and every even year thereafter from 4:00 p.m. on Friday until 9:00 a.m. on Tuesday. The parties shall alternate Memorial Day so that Father shall have the child at the same times in the year 2001 and every odd year thereafter. 2 '-,,, - '.-r, ",,,'f" <," ,-, I .I 4. Father shall have custody every Father's Day from 9:00 a.m. until 9:00 p.m. 5. Father shall have the child on the Fourth ofJuly in the year 2000 and every even year thereafter from 9:00 a.m. on July 4th, until 9:00 a.m. on July 5th. The parties shall alternate the Fourth ofJuly so that Mother shall have the child at the same times in the year 200 I and every odd year thereafter. 6. Mother shall have the child on Labor Day in the year 2000 and every even year thereafter from 4:00 p.m. on Friday until 9:00 a.m on Tuesday. The parties shall alternate Labor Day so that Father shall have the child at the same times in the year 2001 and every odd year thereafter. 7. Father shall have the child every weekend prior to Thanksgiving Day. Father shall pick up the child at school on Friday and have visitation until Sunday, 7:00 p.m. Mother shall have the child every Thanksgiving Day at 9:00 a.m. until Sunday, 7:00 p.m. 8. Father shall have custody every December 24, from 9:00 a.m. until 10:00 p.m. 9. Mother shall have the child every December 24, from 10:00 p.m. until December 25, 7:00 p.m. 3 .. '-, ,~- < ",. , " ,- ^ ~- . -- - , , 4. The parties agree that this document may become an Order of Court This Agreement is intended to replace any prior agreements between the parties regarding custody of the minor child. 5. This Agreement may be modified in writing signed by both of the parties. 6. The parties intend to be legally bound by the terms ofthis Agreement This writing is intended to contain the entire agreement between the parties. 7. Both parties have been advised of their right to review this document with their own counsel prior to signing this Agreement IN WITNESS WHEREOF, the parties set their hands on the date first recited above. C.rLuJ& (1. ~~ _~Y,#~I Witness Heidi L. Gilbert Witness ~.~~ Thomas G. Gilbert 4 '"'" ,~ .'--- 'I - ALl-sTATE LEGAl, A DIVISION OF ALl-sTATE" INTERNATIONAL, lNC" FORM NO.: 0715,2-8F" 07153-8L" 07155-GY " 07166-WH . , , 11 )- 3: 'II '" J: - 0 F 0 ~E l>o ;:, 'II ... III III 0 III - Z ~ ~ )> j Z '-J Ul ~ ~ Z ~ ~ o!fl 0 - )i O~'" ~ Z ~~~ o ): ~ ~ ~ Z C 1'1 :: III ~ , m - II> o c: ?" '~ -UfD [il~ ZJ'; ~!~~ ';;0 c.::(J ~::() yc: ~ o o :x ;po -< - :::J:: ~ .-1 T- h1fIJ -'-:In, -;'9 141] -"".0 0'_,1'"\ ~ ;;:,- ~ 0' :J1 ()1 , JAN - 5 2DDj J HEIDI L GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1263 Civil THOMAS G. GILBERT, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER OF THE COURT AND NOW, this '?5+~ day of } ?I/ , I 2' ( ,2001, following consideration of the attached Agreement for Custody dated December 5, 2000, between the parties, the Agreement is hereby entered as an Order of Court. BY THE COURT: ~ U /I J. L~ 1'i) Cl ; ~~l 0/-/1-0/ fiK,S ,~, " ,"-" I ~ ~ ~" -~ ~ . ,~i(1p1 :;", ,--,;",,,-,,[,,, ",,'-- 01 JIl,:;11l {1['\11: I! Cirr""'''::'' 'i'l"-(,I,'I,rry v \,1':...,1......1 .'_1""".1 ",n.J".' 'i. PE0'!i'JSYLV/\NIA ._~ ="~ ~~ "L, ".-'\nv ,- ,",,". ,~" .~ u. ,\'1'l'omo1 ., , . oJ. 1./ HEIDI L GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 20cP-1263 CIVIL v. THOMAS G. GILBERT, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR ENTRY OF AGREEMENT 1. Petitioner is Thomas G. Gilbert who resides at 52 East Main Street, Newville, Pennsylvania 17241. 2. Respondent is Heidi L Gilbert who resides at R.R. 1, P. O. Box 609, Champion, Pennsylvania 15622. 3. The parties are the natural parents of Nicole Elizabeth Gilbert, age 7, hereinafter referred to as the "Child". 4. On December 5 , 2000, the parties entered into a modified agreement regarding custody of the Child, which is attached hereto and incorporated herein as Exhibit "A". 5. The parties agree that the best interest of the Child will be served by the Court's entering said Modified Custody Agreement as set forth in Exhibit "A" as an Order of Court. WHEREFORE, Petitioner requests this Court to approve the foregoing Agreement and make it an Order of Court. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: J d.-f;'1 t 1) homas E. Flower, Esquire Supreme Court ID #83993 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 1 , ~ ~, ~- . ~ J HEIDI L GILBERT, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 20c?-1263 CIVIL THOMAS O. GILBERT, Defendant : CIVIL ACTION - LAW : IN DIVORCE MODIFIED CUSTODY AGREEMENT AND NOW, this s-tz day of J)~ , 2000, come the parties, Heidi L Gilbert, hereinafter referred to as "Mother", and Thomas G. Gilbert, hereinafter referred to as "Father". Intending to be legally bound, the parties hereby agree as follows: WHEREAS, Mother and Father, on May 15, 2000, entered into an agreement for the custody of their daughter, Nicole Elizabeth Gilbert, born June 26, 1993; and WHEREAS, the said Custody Agreement of May 15, 2000, by mutual consent of the parties, was entered as an Order of Court on May 22, 2000; and WHEREAS, since the entry of said Order, there has been a significant change in circumstances, in that Mother has relocated to Champion, Pennsylvania; and WHEREAS, the parties agree that the best interest of Nicole Elizabeth Gilbert will be served by modifying the said agreement; and WHEREAS, the parties intend that the following 'Modified Custody Agreement be entered as an Order of Court; NOW THEREFORE, Mother and Father provide as follows: L Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial custody on the following schedule: EXHIBIT I II AU 1 .' - \, ' j a. Father shall have custody of the child every other weekend. Father's partial custody shall start at 9:00 Friday night On each such Friday night at 9:00, Mother shall bring the child to the Breezewood exit of the Pennsylvania Turnpike, where Father shall pick up the child. On Sunday night, at the end of such partial custody weekend, Father shall bring the child to the Breezewood exit of the Pennsylvania Turnpike, where Mother shall pick up the child. The parties shall by mutual agreement, at their convenience, select an area at the Breezewood exit of the Pennsylvania Turnpike, where these exchanges of custody shall take place. b. Father shall have custody of the child for 4 weeks each summer, to be arranged by agreement between the parties. Should the parties fail to agree on the 4-week period before August I, Father's partial custody shall take place during the first 4 weeks of August c. Holidays shall be shared as follows: 1. Mother shall have the child during Easter in the year 2001, and every odd year thereafter, from 9:00 p.m. on Friday until 9:00 p.m. on Sunday. The parties shall alternate Easter so that Father shall have the child at the same times in the year 2002 and every even year thereafter. ii. Father shall have the child on Memorial Day in the year 2001, and every odd year thereafter, from 9:00 p.m. on Friday until 9:00 p.m. on Monday. The parties shall alternate Memorial Day so that 2 -'" ...- ",-, 1i ~ Mother shall have the child at the same times in the year 2002 and every even year thereafter. iii. Mother shall have the child on the Fourth of July in the year 2001 and every odd year thereafter. The parties shall alternate the Fourth of July so that Father shall have the child at the same time in the year 2002 and every even year thereafter. iv. Father shall have the child on Labor Day in the year of 2001, and every odd year thereafter, from 9:00 p.m. on Friday until 9:00 p.m. on Monday. The parties shall alternate Labor Day so that Mother shall have the child at the same times in the year 2002 and every even year thereafter. v. Mother shall have the child every Thanksgiving from 9:00 p.m. on Wednesday until 9:00 p.m. on Sunday. Father shall have custody each December 23rd at 9:00 p.m. until December 24th at 10:00 p.m. Mother shall have the child every December 24th from 10:00 p.m. until every December 25th at 7:00 p.m. 4. The parties agree that this document may become an Order of Court. 5. . This Agreement is intended to replace the prior Agreement executed between the parties regarding custody of the child. 6. This Agreement may be modified in writing and signed by both of the parties. 7. The parties intend to be legally bound by the terms of this Agreement. 8. This writing is intended to contain the entire Agreement between the parties. 3 l-lllMM ---- -- -, ~, he ,. J , -' " 9. Both parties have been advised of their right to review this document with their own counsel prior to signing this Agreement. IN WITNESS WHEREOF, the parties set their hands on the date first recited above. ~<2~~ WITNESS ' 'p, ~, ' ~ ~~ " ." ~." Ht;a,.y.-iJo~J 1m L. GILBERT ERT 4 J ..',',',',','j , , _~"'W-~.,V""""" ..~~.'!!';!,:L\jI'.-~-""'!',~l!,'~'.t'i!\;qm!l'N , , . '-:,-::.~",~.'~SjJ:fl#~I!!t/:,f..lI;,~,'!!:{~:{I!t-'l'J;fI::,.,Y.i'-!I\I~1<:~:1;!1:'''f''l''''''''!:'~ 3""'-"" ".. ......" ................................ "",.,"'""""""'."".",,,.