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HomeMy WebLinkAbout02-5420 BRYAN P. GARDNER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OJ -- -S'1J;)b CI0~l( /2r>~ ANDREA P. GARDNER Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CURTIS R. LONG PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 (717) 240- 6195 IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, OJ..-~'-IJ() CuL~*1 BRYAN P. GARDNER Plaintiff v. ANDREA P. GARDNER Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Bryan P. Gardner, by his attorneys, Knupp, Kodak & Imblum, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth: 1. Plaintiff is BRYAN P. GARDNER, an adult individual who currently resides at 407 5TH Street, P.O. Box 83, Summerdale, Cumberland County, Pennsylvania 17093. 2. Defendant is ANDREA P. GARDNER, an adult individual who currently resides at 315 Spring Land, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 29, 1993, in Duncannon, Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for jurisdiction. annulment of marriage between the Parties in this or any other 6. The marriage is irretrievably broken. require the parties to participate in counseling. and that plaintiff may have the right to request that the court 7. Plaintiff has been advised that counseling is available Divorce. 8. Plaintiff requests the Court to enter a Decree of Respectfully submitted, By'~.~~,~ - Attorney I.D. No. 78931 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Il(~(OL Of Counsel Knupp, Kodak & Imb1um, p,C. Attorneys for Plaintiff Dated: VERIFICATION knowledge, information, and belief. foregoing Complaint are true and correct to the best of my I, BRYAN P. GARDNER, verify that the facts set forth in the 4904, relating to unsworn falsification to authorities. statements herein are subject to the penalties of 18 Pa.C.S. ~ I understand that false DATED: ~S/~ ~/~~ BRY P. GARDNER 'J:J () ~ ...... C:=-1 ~ t ..c f"...} ~ I] .':) fj, :~ - ...... U) 7" I ~ -- (.'1 .--j g >-J C> c ~ oJ :::~ c ~ ~ --U ~, !;? C) 6"- :z .~-:,' 0,.'; p=: :< - 5:J (,) -< J 4, On or about November 13, 2002, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on November 12, 2002, Said receipt is attached hereto as Exhibit "B" and by this reference incorporated herein, BY: t~~c ~ . ~ark A. Mate;a:@tsquire Attorney I.D. No. 78931 Attorney for Plaintiff 407 North Front Street 1'.0, Box 11848 Harrisburg, PA 17108 (717) 238-71:;1 Of Counsel to KNUPP, KODAK & IMBLUM, P.C. U,S, POSTAL SERVICE .. CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RllCelvedFrom hlA~j( A. mAT&yAJ ESf.\. .K,OU1P. KobAJ< .; Im.8J..l.4hl P. . r-:--:' "lb'1 N. ':l?.oAJT ST. . J.lA~.tJs"'Bu~lY~ PA. 1'1/01 I I.. /!t.AJ E 1'10.a5 PS Form 3817, January 2001 UJ a: '" a. a: . N >- '" 0 (/) o::oo~..... oo=>o~z a.._m_oo=> <I:(/)!"'-.cC) oQ..___ E (/) a: >a: . a: 0 ::J a: z :r M ~'r cn~ ..... ~~ -E:A-:5 o \ o o <0 <0 n.J Return Receipt Fee CJ (Endorsement Required) CJ Restricted Delivery Fee CJ (Endorsement Required) Total Postage & Fees =_, ': _.-' /"Postage $ Certified Fee 7' .~.~:' '* Postmar1< Here CJ ...lI ::r ent 0 ~ ~~~~~fJi5'.~PR-;-;;tD.z%~",,_,__,_,,__,--,_-_,__,- ~ City, Sr.,., Zip;'4E-~-OrA"-"-fJ'A""--'-"-T':ro~-5-..m._--.._.._.. <;; SENDER: " . Complete items 1 and/or 2 for additional services. "U; . Complete items 3, 4a, and 4b. :& . Prin~your name and address on the reverse of this form so that we can return this ~ card to you. ~.. . Attach this form to the front of the mailpiece, or on the back if space does not permit. ~ . Write MRetum Receipt Requestecr on the mailpiece below the article number. ! . The Return Receipt will show to whom the article was delivered and the date - delivered. ~a~/34;ID 7,;::/ tp. rt, AIl.1:>~ E.e ~ .3'5" ~f>R.ING 1...4Nt: ,€ NoL~ PA l'lIJiJ.S I also wish to receive the following services (for an llxtra fee): 1, 0 ~dressee's Address 2. [E"""Restricted Delivery Consult postmaster for fee, 4a. Article Number '10 O~.D OOO~ 4b, Service Type ~ o Registered ~rtifie o Express Mail 0 Insured o Return Recei,~ for Merchandise 0 COD 7, Date of Delivery //./)L-O &- 8. Addressee's Address (Only if requested and fee is paid) al u .~ .. Ul a 'Qi u .. ?103 .AI/'ll a: c .. .a 1Il a: '" c 'iij ::J .. .E ::J o ,.. ... C to .c I- Domestic Return Receipt BRYAN P. GARDNER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5420 CIVIL TERM ANDREA P. GARDNER Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVIC~ AND NOW, this 14th day of November, 2002, comes Mark A, Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1, A Complaint under Section 3301 (c) and 3301 (d) of the Divorce Code was filed on November 7, 2002, 2, On November 8, 2002, a certified copy of the Complaint was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R,C,P. 1920.4, 3, On November 8, 2002, a certified copy of the Complaint was sent to the Defendant via first class mail, postage prepaid, A Certificate of Mailing evidencing same is attached hereto as Exhibit "A" and by this reference incorporated herein. ~~:) ....~ ",?-,ll; 2i!J C/) .' ~;< <-l,,) ~C, ~i': I' -<' ---J C -, 0 ( ( \ ~ (") c::: '11' LT.l ~\'. !"~.) ~ -~ , OJ :,] POST-NUPTIAL AGREEMENT AGREEMENT made this I () day of ~D-kh1kJey ,2004, by and between BRYAN P. GARDNER (hereinafter called "Husband") and ANDREA P. GARDNER (hereinafter called "Wife"). WIT N E SSE T H: WHEREAS, the Parties hereto are Husband and Wife, having been married on August 29, 1993 in Duncannon, Pennsylvania. WHEREAS, there is one child born of this marria,ge; HUNTER, age seven (7) (hereinafter called "Child"). WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties he,reto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1 , The settling of all matters between them relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support, alimony and/or maintenance of Husband by Wife or Wife by Husband; 3. The settling of all matters between Husband and Wife relating to the custody of the child; 4. In general, the settling of any and all claim:s and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premise:s and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the other that the Elxecution and delivery of this 2 Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by Mark A. Mateya, and Wife has not been represented counsel. Each party acknowledges that he or she fully understands the facts and has been fully 3 informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon or 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, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her; each of the parties understands and agrees that he or she shall not and will not do or say anything to the Child, at any time, which might in any way influence the Child adversely against the other party. 4 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in th'3 estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, enga'gements or liabilities of such other, or by way of dower or courtesy, or widows or widowers rights, family exemptions 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 anv other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the '3xecution of this Agreement, a full, complete and general release with respect to any and all property of any kind 5 or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 7. DISCLOSURE AND WAIVER OF PROCEDUIRAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. 80th parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that is adequately provides for his or her needs and is in this or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: 6 a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all 7 of the property in the possession of the Husband on the date of this Agreement shall be the sole, separate property of Husband; irrespective of the foregoing provisions, Husband hereby agrees to set over, transfer and assign all of his right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "A," which has been annexed hereto and made a part hereof and which shall become the sole property of Wife with the right to remove same from the marital premises or from wherever located, and Wife hereby agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of personalty that are more fully described in Schedule" B" which has been annexed hereto and made a part hereof and which shall become the sole property of Husband. By these presents, each of the Parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above-items which are the sole and separate property of the other from the date of execution hereof. 9. AFTER-ACQUIRED PERSONAL PROPERTY,: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after January 28, 2002, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 8 10. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"). specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the, transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 11. LIABILITIES: During the course of the marriiage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to who's use each of the bills were incurred, that the parties shall be responsible for the debts that each has separately incurred since January 28, 20102, except those more fully described in Schedule "C" which has been annexed hereto and made a part hereof for which Wife shall assume all liabilities and Schedule "[)" which has been annexed hereto and made a part hereof for which Husband shall assume all liability. Wife shall indemnify and hold Husband harmless from payment of all of said debts on Schedule "C" and Husband shall indemnify and hold Wife harmless from payment of all of said debts on Schedule "0". 9 12. WARRANTY AS TO EXISTING OBLlGATlmlS Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement., 13. WARRANTY AS TO FUTURE OBLlGATIOI\IS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter - save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after January 28, 2002, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 14. WAIVER OF ALIMONY. SUPPORT AND Ml\INTENANCE: Husband and Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, support, or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. The parties hereby acknowledge that by this Agreement each has respectfully secured and maintained a 10 substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life to which they are accustomed. 15. PENSION: Husband and Wife hereby agree that Husband shall be granted all right title, and interest in his pension with his employer, Camp Hill Prison. Wife hereby waives any and all right she has to Husband's pension. Wife shall sign any and all documentation necessary to effectuate said waiver. 16. CUSTODY: Husband and Wife agree as follows: a. Husband and Wife shall have shared legal custody of the child. b. Wife shall have primary physical custody of the child. c. Husband shall have periods of partial custody with the child as mutually agreed upon by the parties. d. Both Mother and Father are encouraged to accommodate the other in arranging for substitute times and periods of visitation as may be required from time to time in order to accommodate each other's schedule. e. During the respective periods of custody, both Mother and Father shall keep the other parent fully informed of the location of the child and the phone numbers and places of any temporary residence. Each parent shall permit and 1 1 encourage reasonable mail and telephone contact between the child and the parent who is out of custody for any particular period. f. Neither Mother nor Father shall use any controlled substances in the presence of the child nor shall they consumer alcohol to the point of intoxication in the presence of the child during any period of visitation. g. Neither Father nor Mother shall do anything to estrange the child from the other parent and both shall encourage the child's relationship with the other parent. Specifically, neither parent shall make, or permit any other person in the household to make any remakes or do anything which in any way could be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other as one whom the child shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about the friends, companions and relatives of the other parent in the presence of the child. h. All decisions affecting the child's growth and development shall be made by the parents jointly after mature discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. Each parent agrees to keep the other informed of the progress of the child's education and social adjustment. Each parent agrees not to impair the other parent's right to share legal or physical custody of the child. Each party agrees to give support 12 to each other in the role as parent and to take into account the consensus of the other for the physical and emotional well being of the child. i. With regard to any emergency decision which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitate by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day to day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. 17. CHILD SUPPORT: Husband shall pay to Wife child support in the amount of $200 each bi-weekly pay period (paid once every two weeks) for the support of the Child. Husband shall provide dental, vision and medical insurance coverage for the child. In addition, Husband and Wife agree to equally share the expenses for the college education of the Child. This agreement is subject to modification by the appropriate Domestic Relations Office upon a change of circumstances. 18. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least thirty (30) days for demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 13 19. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this A~lreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 20. BANKRUPTCY: The parties hereby agree, that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 21. FEES. COSTS AND EXPENSES Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 14 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 23. WAIVER OR MODIFICATION TO BE IN WR:ITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 24. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 25. AGREEMENT BINDING ON HEIRS: This A~lreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her 15 obligations under anyone or more of the paragraphs her,ein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 27. NO WAIVER OF DEFAULT: 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 any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees alnd costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expl3nses. 29. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the 16 convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: ~~R~k- <~ :\-U\~ D...~ M ANDREA P. GAR:DNER 17 -lSEAL) COMMONWEALTH OF PENNSYLVANIA J elLjf- : SS. COUNTY OF ,[J . I Ipll:tN- WWlfk( 11i/W : / U day of .3f1m te r On this, the " 2004, before me, a Notary Public in and for said Commonwealth and County, personally appeared BRYAN P. GARDNER, known to me (or satisfactorily proven) to biB the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ '7i14J'C-h Z 6 2-cd6 Nota y Public My Commission Expires: marc/A co 2 CJb (SEAL) Notanal Seal Elizabeth K. Hull, Notary PublIc Silver 3pring Twp., Cumberland County My Commission Expire. MalOn 20, 2000 WiBmber, Pennsylvania ",soc;:idon OfNotanes COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the _16 day of ~~ Y ,2004, before me, a Notary Public in and for said Commonwealth and County, personally appeared ANDREA P. GARDNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, 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: '7'Vl-arcVi ~~~Juv (SEAL) Notanal Seal Elizabeth K Hult. Notary Public Silver 3pring Twp.. Cumberland County My Commission Expires March 20, 2006 Member. Penns~lvanja Association Of Notaries 18 SCHEDULE "A" Wife's Personal Prooertv Any and all personal property presently in Wife's possession. 19 SCHEDULE "B" Husband's Personal ProDert'l Any and all personal property presently in Husband's possession. 20 SCHEDULE "C" Wife's Liabilities 21 SCHEDULE "0" Husband's Liabilities 22 BRYANP.GARDNER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANI> COUNTY, PENNSYL VANIA v. NO. 02-5420 CIVIL TERM ANI>REA P. GARDNER I>efendant CIVIL ACTION - LAW IN mVORCE AFFII>A VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2002, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 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. g4904 relating to unsworn falsification to authorities. DATED: IZ/2-~/~'I 7 /J~~ / B~dner Plaintiff BRYANP.GARDNER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 02-5420 CIVIL TE.RM ANDREA P. GARDNER Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 ofthe 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, 9 4904 relating to unsworn falsification to authorities. DATE 1z/;2~/ij , . 5D-7--/ ~ ~ p, Gardner Plaintiff BRYAN p, GARDNER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAN)) COUNTY, PENNSYL VANIA v. NO. 02-5420 CIVIL TERM AN))REA p, GARDNER ))efendant CIVIL ACTION - LAW IN mVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry ofthe decree. 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. DATED: ~ .M Andrea p, Gardner Defendant BRYAN P. GARDNER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-5420 CIVIL T.ERM ANDREA P. GARDNER Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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, 9 4904 relating to unsworn falsification to authorities. DATE~ ~ Andrea P. Defendant (}y ) BRYAN P. GARDNER Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5420 CIVIL TERM ANDREA P. GARDNER 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 divorce: irretrievable breakdown und,er Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on November 8, 2002. See the Affidavit of Service filed to the above term and number on November 14, 2002. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) ofthe Divorce Code: by Plaintiff December 28. 2004 by Defendant November 23. 2004 (b)(l) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: simultaneouslv herewith. Date defendant's Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: simultaneouslv herewith. Each party has filed a Waiver of the Notice of Intention to Request Entry of A .Divorce Decree. UCt. Mark A. Mateya, Esq P.O. Box 127 Boiling Springs, PAl 7007 (717) 241-6500 Attorney for' Plaintiff ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . + . . . . . . . + + . . . . . . . . . . . . . . . . . + . . . . :t',+, '4';f;+: Of.'" +:f.;+:;f.+ ;Ii +:f.:t: '+'+'f.+:f.+.:f.:f. +:+::f. :f.:+:+:f.:+:;+:;f.'t:+:+'li+'f.'f.:+':f.'t:.~+.:+.:f.+'T.:+::f.++++:+:++T.++ ;+::f.+.++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Bryan P. Gardner No. 02-5420 Civil Term VERSUS Andrea P. Gardner DECREE IN DIVORCE AND NOW, '1 a., "a-; , IT IS ORDERED AND )'JV<- 2005 DECREED THAT Brvan P, GardnRr , PLAINTIFF. AND Andrea P. Gardner . DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLl.OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Post-Nuptial Agreement entered into by the parties hereto is incorporated and not merged into the Divorce Decree I " - i - .- .'-"" /~ .......... '- I .. ... , . (ltlA~- , .'. ~-. " _.- "'- . .- " '" ...J......_..."''''_..~...-..-'' m:]o:o: .)...:../.::.......;.~ i;,,gggg::;o: ... ROTHONOTARY - "':I'+'l' '1'+'1'+++'++++++ Of:+.;to; +' + :+,,+,:+:+++*++++:+:++"l'++ '+':+::+: + . + + . + + + . + + . + . + . . + + . + + + + + + + . + . + . . + + + + . . + . . . + . + + . . . + . + + . . + + . . . . . . + . . + + . + + + . . . + + . + + + . + . + + . + . . + + . . + + . + + + +'4'+++'++ J, .;k % ~ ~t<. 91 ~,.;f' % < /kpp? >'"' ' -