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HomeMy WebLinkAbout03-1176EILEEN GARTSIDE, Plaintiff VS. JOHN J. GARTSIDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 17013. 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 EILEEN GARTSIDE, Plaintiff VS. JOHN J. GARTSIDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas cxpuestas en las paginas seguientes, debe tomar action con prontitud, se le avisa que si no se dcfiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida cn su contra por caulquier otra queja o compensacion eclamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 EILEEN GARTSIDE, Plaintiff VS. JOHN J. GARTSIDE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301 OF THE DOMESTIC RELATIONS CODE And now comes Plaintiff, Eilcen Gartside, by and through her attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the following: Plaintiff is Eileen Gartside, an adult individual who currently resides at 409 ½ Fourth Street, Rear, New Cumberland, Cumberland County, Pennsylvania 17070. Defendant is John J. Gartside, an adult individual who currentlyresides at 50 Central View Road, Dillsburg, York County, Pennsylvania 17019. .COUNT I - DIVORCE Paragraphs 1 and 2 above are incorporated herein as if fully set forth. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. Plaintiff and Defendant were married on August 4, 1973, in Delaware County, Pennsylvania. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since November 7, 2002. Plaintiff, the innocent and injured spouse, avers that Defendant has caused her such indignities to make her life intolerable and burdensome There have been no prior actions of divorce or for annulment between the parties. Defendant is not a member of the armed forces of the United States or any of its allies. 10. Plaintiff avers that the marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. 12. 13. 14. 15. .COUNT II - EQUITABLE DISTRIBUTION Paragraphs 1 through 11 above are incorporated herein as if fully set forth. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from its inception to the date of separation of the parties. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. Plaintiff requests that this Court equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order for Equitable Distribution of the marital assets. .COUNT II! - ALIMONY 16. Paragraphs 1 through 15 above are incorporated herein as if fully set forth. 17. Plaintiff lacks sufficient income and property to provide for her reasonable needs and is unable to support herself. 18. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 19. Defendant has sufficient income and property with which to provide alimony to Defendant. WHEREFORE, Plaintiff prays this Honorable Court enter an Order granting her alimony and granting such other relief as this Court deems just and proper. 20. 21. 22. 23. COUNT IV - ALIMONY PENDENTE LITE .COUNSEL FEES, COSTS AND EXPENSES' Paragraphs 1 through 19 are incorporated herein as if fully set forth. Plaintiff has employed Linda A. Clotfelter, Esquire, of the Law Offices of Craig A. Diehl to represent her in this matrimonial action. Plaintiff is unable to pay the necessary and reasonable attorney's fees for her counsel in this action and Defendant has the ability to pay them. Plaintiff is unable to sustain herself during the course of this litigation. 24. Preserving the right to apply to the Court for interim counsel fees, costs and expenses prior to a final hearing, Plaintiff requests that, after final heating, this Honorable Court order Defendant to payPlaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff, Eileen Gartside, respectfully requests that this Honorable Court enter a Decree in Divorce, an Order for Equitable Distribution, an Order for Alimony, and also requests your Honorable Court enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Dated: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL lter' ]~-~quire U :~963 Camp Hill, PA 17011 (717) 763-7613 EILEEN GARTSIDE, Plaintiff VS. JOHN J. GARTSIDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE ,VERIFICATION I, EILEEN GARTSIDE, verify that the statements in the foregoing DIVORCE 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. § 4904, relating to unsworn falsification to authorities. Date: EILEEN GARTSIDE, Plaintiff EILEEN GARTSIDE, Plaintiff VS. JOHN J. GARTSIDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1176 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Eileen Gartside, do hereby affirm that the original return receipt of the Complaint in Divorce sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of John J. Gartside is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. ~ 4904 relating to unswom falsification to authorities. Complete itarm 1, 2, and~3. Also comCete so that we can return the card to you. "" Attach thi~ card to the back of the mailplece, or on the front ff space permit~. 1..aullcle Adcl~ to: I-I Agent t Item 17 r'lyes ....... ,,--' '2 ~trt, PS I~,T~ 3811, July 1~ D°meatl¢ Return Receipt C ; LAW OFFICES OF CRAIG A. DIEHL Dated: ,~/~l (//0,3 ( Cndk.,,AEo~; iClD°tNfoelt;r2'9~q-ui~'~- - 3464 Trindle Road Camp Hill, PA 170 (717) 763-7613 EILEEN GARTSIDE, Plaintiff VS. JOHN J. GARTSIDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1176 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this .~2,(/qtx day of fi~ , 2003, the undersigned hereby certifies that a tree and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: John J. Gartside 50 Central View Road Dillsburg, PA 17019 LAW OFFICES OF CRAIG A. DIEHL L~t~y ~. Jay, J/e{ga~ Assistant 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 EILEEN GARTSIDE, Plaintiff/Petitioner Ve JOHN J. GARTSIDE, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-1176 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE CONFERENCE AND NOW, comes Plaintiff; Eileen Gartside, by and through her counsel, Linda A. Clotfelter, Esquire, who files this Petition for Alimony Pendente Lite (hereinafter "APL") Conference, respectfully stating in support thereof the following: 1. Petitioner is Plaintiffin this proceeding, Eileen Gartside, (hereinafter "Petitioner"), an adult individual who resides at 409 ½ Fourth Street, Rear, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Defendant in this proceeding, John J. Gartside, (hereinafter "Respondent"), an adult individual who resides at 50 Central View Road, Dillsburg, York County, Pennsylvania 17019. 3. Petitioner filed a Complaint in Divorce on March 18, 2003. 4. The Complaint in Divorce was served upon Defendant by United States First Class Mail, Restricted Delivery, Return Receipt Requested on March 21, 2003, as the per the Affidavit of Service filed to the above-referenced docket number on March 27, 2003. 5. Petitioner's Complaint in Divorce sought certain economic claims including a claim for Alimony Pendente Lite. 6. Petitioner now seeks to have a domestic relations conference scheduled for her APL claim. WHEREFORE, Petitioner, Eileen Gartside, by and through her counsel, Linda A. Clotfelter, Esquire, respectfully requests that this Honorable Court schedule a domestic relations conference on Petitioner's claim for Alimony Pendente Lite, and ~mt such other relief as this Court deems just and proper. Dated: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Camp Hill, PA 17011 (717)763-7613 Attorney for Plaintiff/Petitioner EILEEN GARTSIDE, Plaintiff/Petitioner JOHN J. GARTSIDE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1176 CML TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of March, 2003, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION FOR ALIMONY PENDENTE LITE CONFERENCE was served upon the opposing party by way of United States First Class Mail, postage prepaid, addressed as follows: John J. Gartside 50 Central View Road Dillsburg, PA 17019 LAW OFFICES OF CRAIG A. DIEHL LaCy / ~ .~. Jay,t,~e~fl~Assistant 3464 Trindle Road Camp Hill, PA 17011 (717)763-7613 EILEEN GARTSIDE, Plaintiff/Petitioner VS. JOHN J. GARTSIDE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-1176 CIVIL TERM IN DIVORCE Pacses# 247105401 ORDER OF COURT AND NOW, this 22~a day of April, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on May 13~ 2002 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 4-22-03 to: Petitioner Respondent Linda Clotfelter, Esquire R~. a ay, Conference Officer (/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 EILEEN GARTSIDE, Plaintiff/Petitioner VS. JOHN J. GARTSIDE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-1176 CIVIL TERM IN DIVORCE Pacses# 247105401 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 12th day of May, 2003, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on June 12~ 2003 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. Note: This date replaces the prior conference date of May 13, 2003. warrant YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 5-12-03 to: Petitioner Respondent Linda Clotfelter, Esquire Lee Smigel, Esquire Date of Order: May 12, 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 E1LEEN GARTSIDE, Plaintiff/Petitioner VS. JOHN J. GARTSIDE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-1176 CIVIL TERM IN DIVORCE Pacses# 247105401 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this day of, 2001, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on July 30, 2OO3 at lO:3O A.M. for a conference, at 13N. Hanover St., Carlisle, PA 17013, after which the conference officer may reconunend that an Order for Alimony Pendente Lite be entered. Note: This date replaces the previously scheduled date of June 12, 2003. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 6-12~03 to: < Respondent Linda Clotfelter, Esquire Lee Smigel, Esquire , ~t . .1./.. Date of Order: June 12, 2003 '~/~. J. ~ Co~n erence-'~'~'~ YOU HAVE THE RIGHT TO A LAWYER~ WHO MA~ATTEND THE CONFERENC(~D REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 In the Court of Common Pleas of CLB4BERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION EILEEN GARTSIDE vs. JORlq J. GARTSIDE Plaintiff Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 03-1176 CIVIL 247105401 AND NOW to wit, this JULY 30, 2003 it is hereby Ordered that: THAT THE CONFERENCE SCHEDULED ON THIS DATE IS CONTIIqUED GENERALLY pURSUA/qT TO THE pARTIES ATTEMPTING TO RESOLVE THEIR OUTSTANDING ISSUES UPON AGREEMENT. THE MATTER MAY BE RECALLED BY EITHER pARTY. DRO: RJ shadday xc: plaintiff defendant Linda Clotf~lter, EsquJ-r~ Leroy Smigel, Esquir~ Service Type M BY TH[~ Edward E. Guido JUDGE Form OE-001 Worker ID 21005 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADZ this ~'~ day of ,~0 0 e~nx ~)t~f-' ,2003, by and between John J. Gartside ("Husband") - A N D - Eileen Gartside ("Wife"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on August 4, 1973, at Milmom, Pennsylvania. WHEREAS, two (2) children were bom of this marriage; said children being: Jennifer Gartside bom October 24, 1978 and Charles Gartside bom September 1, 1982. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property fights and obligations as between each other including without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present or future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, TI/EREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereina_~er set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Seuaration. The pa~es agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the fight to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restmiv~, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 03-1176. The parties agree that they will execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Husband shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. ~t~l~~. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. .Husb d's Plm__d_'s__P._r011ertv. The following property shall become the sole and exclusive property of Husband: 1) All right, title and interest in Husband's Crop Insurance business. Wife waives all right, title and interest in Husband's Crop Insurance business and will sign any required documents to transfer her interest. In exchange for Wife's waiver of all right, title and interest in Husband's Crop Insurance business, the parties agree that Husband shall pay to Wife the sum of $3,000.00 each month for seven (7) years, beginning with the month in which Husband signs this A~reement. Husband shall also provide to Wife a security interest in Husband's Crop Insurance business to the extent of the sum owed to Wife as payment for her interest in the business. It is the intent of the parties to execute within seven (7) days of the date of execution of this Agreement by the second party signing this Agreement, the documents necessary to consummate the terms of this paragraph. The parties agree to execute the necessary documents for filing a UCC-1 financing statement or similar security documentation, giving Wife a security interest in all assets of Husband's Crop Insurance business, including but no limited to all general intangibles and after-acquired property. The UCC-1 financing statement or similar evidence of the security interest of Wife shall be filed in the proper state and local offices and shall be removed from those offices when Husband has paid Wife in full for her interest in the business. 2) The property and lot situate at 50 Central View Road, Dillsburg, Pennsylvania subject to all existing liens and obligations. Wife agrees to execute a deed transferring said property to Husband simultaneously with the signing of this A4veement if not before. 3) Smith Barney Financial Management account number 03529 following the distribution to Wife as set forth below. 3 4) Smith Barney Individual Retirement account number 62600 following the distribution to Wife as set forth below. 5) Smith Barney SEP Individual Retirement account number 62808. 6) Smith Barney Stock account number 03736 following the distribution to Wife as set forth below. 7) The 1966 Chevy El Camino. 8) The 2001 Glasstron Boat and trailer. 9) The 1998 Dodge Ram. 10) The 1985 Chevy Caprice. 11) The 1995 Dodge Stratus 12) The AIG Insurance policies. 13) The USI Insurance policy. 14) The Glatfelter Employee Stock Option plan following the distribution to Wife of one-half of the shares in the plan as of the date of distribution. 15) New Cumberland Federal Credit Union account with the last four numbers 0138. 16) The parties have two $100 savings bonds, Husband shall have one. B. Wife's Pro_~ertv. The following property shall become the sole and exclusive property of Wife: 1 ) As previously set forth in Paragraph 2(A)( 1 ) above, Husband shall pay Wife $3,000.00 per month for seven (7) years. These payments are being made to Wife in exchange for her waiver of all right, title and interest in Husband's Crop Inmmnce business. The total sum due to Wife is $252,000.00. Husband shall have the option to prepay any, or all, of the total sum due to Wife. 2) PNC checking account number 8884. Husband and Wife will take whatever steps are necessary to remove Husband's name from this account. York Federal Credit Union account with the last four 3) numbers 8401. 4) 5) 6) The Community General Osteopathic Hospital Retirement. The Prudential Thrffi Savings Plan. One-half of the proceeds in the Smith Barney account number 03529 as of the date of distribution, minus any contributions made to this account by either party after November 7, 2002, the parties' date of separation. Any post date of separation contributions, and growth thereon, shall be the sole property of the party making the contributions. 8) One-half of the proceeds in Smith Barney account number 03736 as of the date of distribution, minus any contributions made to this account by either party after November 7, 2002, the parties' date of separation. Any post date of separation contributions, and growth thereon, shall be the sole property of the party making the contributions. 9) Husband shall pay to Wife the sum of $51,000.00 representing one-haft of the net equity in the marital home. Husband shall make this payment to Wife within three (3) days of the signing of this Agreement. 10) The parties have two $100 savings bonds, Wife shall have one. 5 11 ) One-half of the shares in the Glatfelter Employee Stock Option Plan as of the date of distribution. Wife acknowledges receipt of the following payments which have been considered in the parties' distribution of assets. a) $23,412.00 previously received from Husband; b) $4,611.00 withdrawn from an account by Wife; c) $800.00 withdrawn fi.om an account by Wife. The parties also acknowledge that Husband has made some payments on Wife's post-separation debt and on joint debt following the parties~ separation. This has been taken into consideration in reaching this Agreement. C. Retirement Accounts and Hans. Wife has a Community General Osteopathic Hospital (CGOH) Retirement Plan and a Prudential Thrift Savings Plan. Husband has a Smith Barney IRA and a Smith Barney SEP lRA. It is the parties' intent that they share equally in the marital value of these four accounts. The marital value of these accounts is defined as the value as of November 7, 2002 and any growth or loss on that amount as of the date of distribution. The parties' post-separation contributions to any of these accounts shall be excluded and remain the separate property of the respective party. It is anticipated that the marital value of Wife's accounts shah be less then the marital value of Husband's accounts. The parties shall cooperate in preparing the necessary documents to effectuate a transfer from Husband's Smith Barney account number 62600 to an IRA designated by Wife. The transfer shall be the amount necessary 6 property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 7. Relina_uishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereal~er have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 8. After-Aco_uired Prooer~v. Each of the parties shah hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereaRer acquired by him or her, 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 9. follows: Debts. Husband and Wife agree to be responsible for the joint debts of the parties as 1 ) The parties shall each be responsible for payment of one-half of the PNC credit card debt. The parties shah pay this debt in full within ten (10) days of sisning this Agreement. The parties shall take ah necessary steps to cancel this credit card as soon as possible. 2) Wife shah be solely responsible for the Citibank credit card debt. The parties shall take all necessary steps to remove Husband's name from this obligation. pledging or otherwise encumbering the insurance policies. Wife shall be named as the irrevocable beneficiary of the said policies for their full face amount until his obligations to Wife per this Agreement are reduced to an amount below the face value of the policies. Thereafter, Husband will only be required to name W'tfe as benefidary in an amount equal to the balance remaining due to Wife. The insurance proceeds received in the event of Husband's death shall be used to pay those obligations. 1 I. B~lakru~tev. The parties further warrant that they have not instituted any proceedings pursuant to the bankruptcy laws, nor are they any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement, as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefi'om, shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time at, er the date of execution of this Agreement. The payments called for in this A~reement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessanff for the parties to meet their financial obligations and to support and maintain their standard of living. The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' inten~ that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment hereto. Further, if either party 10 demand of whatsoever nature which he or she now has or herea~er can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate mainte~nce or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or s'mflar marital rights. 15. ~ The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 16. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other fi.om any and every claim that each other may now have, or hereatter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 17. ~. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinat~er initiated seeking to hold the other party liable for any other debts, obligations, liability, act 12 A~reement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WI~REOF, the parties hereto have set their hands and seals the day and year first above written. EILEEN ~Rrr SIDE 15 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPIHN : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, John J. Gartside, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed .s~me for the purposes therein contained. Witness my hand and seal this ~ dayof ~~x~~ 2003. Notary l~li~-- %) My Commission Expires: ~ L Shugata, NOIary Public ~ ~ ~, Cum~rland County ~ ~pi~s Apr. 18, 2~6 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Eileen Gartside, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this /~ ~C h day of N 0 'x/-~,Y~ ~)~-.X- ,2003. ota Puflic My Commission Expires: 16 NOTARIAL SEAL [ Stephanie M. Rider, Notary Public Camp Hill, Cumberland County My Commission Expires Oct. 31, 2005 EILEEN GARTSIDE, PLAINTIFF JOHN J. GARTSIDE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1176 CIVIL TERM CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under §3301(c) of the Divome Code was filed on March 17, 2003. 2. The marriage of Plaintiffand 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 of 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. §4904 relating to unswom falsification to authorities. Date: ~l [ ~/o ~ ///October 29, 2003 2:39 PM EILEEN GARTSIDE, PLAINTIFF JOHN J. GARTSIDE, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1176 CIVIL TERM CiVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 ifI 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. Date: ~/)ohn ~. Gartside, Defendant EILEEN GARTSIDE, Plaintiff VS. JOHN J. GARTSIDE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1176 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 18, 2003. 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 of divorce a~er service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of proper~y, lawyer's fees and expenses ifI 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. Section 4904, relating to unsworn falsification to authorities. Date: EIL~EN GART~IDE, Plaintiff EII.EEN GARTSIDE, Plaintiff JOHN J. GARTSIDE, Defendant IN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1176 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 fC} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce w/thout notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses/fi do not claim them before a divorce is granted. 3. I understand that I will not be d/vorced 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 w/th 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 unswom falsification to authorities. Date: EIL~EN GART~SIDE, Plalnfi~ ///November 5, 2003 3:08 PM EILEEN GARTSIDE, PLAINTIFF JOHN J. GARTSIDE, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1176 CIVIL TERM CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY.. Transmit the record, together with the following information, to the court for entry of a divome decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served via first class mail on the defendant on March 21, 2003. 3. (a). Date of execution of the affidavit of consent required by §3301(c) of the Divome Code: by plaimiffNovember 4, 2003; by defendant November 5, 2003. (b)(1). Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (b)(2). Date of filing and service of the plaintiffs affidavit upon the respondent: N/A. 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: N/A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF VERSUS PENNA. NO. 03-117~; AND NOW, DECREED THAT AND DECREE IN DIVORCE JOHN J. GARTgID~ ARE DIVORCED fROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANt, 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; It is further ORDERED and D~i~3 that the Marriac~ Settlement A~reement executed by and between the parties, dated November 5, 2003, is incorporated by reference into this Decree for of enforcement, but shall PROTHONOTARY In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION EILEEN GARTS IDE Plaintiff vs. JOHN J. GA.RTSIDE Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 03-1176 CIVIL 247105401 ORDER AND NOW, to wit on this 18TH DAY OF NOVEMBER, 2003 IT IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or (~) Other REQUEST FOR APL CONFERENCE filed on MARCH 31, 2003 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE. C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff d~f~ndant Linda Clotfslt~r, Esquir~ LarDy Smigls1, Esquir~ BY THE COURT: Ec~d E. Olido JUDGE Form OE-506 Service Type Iq Worker ID 21005 EILEEN GARTSIDE, PLAINTIFF JOHN J. GARTSIDE, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1176 CIVIL TERM CIVIL ACTION - DIVORCE STIPULATION '~e.c~,.~.~e~ , 2003, ,counsel for the parties in the AND NOW, this { day of '/ above-referenced action hereby stipulate and agree that the Order attached hereto encompasses the intent of their respective client and that it may be adopted as a Court Order. F CRAIG A. DIEHL [,]nda A. Clotfelter, Esqu~ - ~_3~64 Trindle Road Camp Hill, PA 17011 (717) 763-7613 SMIGEL~ ANDERSON &,,SACKS, LLP BY:~ln~'~ ~// A~.~ ~ V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff Attorney for Defendant ///December 1,2003 11:50 AM EILEEN GARTSIDE, PLAINTIFF JOHN J. GARTSIDE, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1176 CiVIL TERM : : CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ ~ day of ~ 2003, based upon the stipulation of the panics attached hereto it is hereby ORDERED and DECREED: 1. The Participant, John J. Ganside, as a former employee of Arthur J. Glatfelter Agency, Incorporated, has a vested interest under the Glatfelter Insurance Group Employee Stock Ownership Plan. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of Participant's Plan benefits. 3. The name and address of the Participant is: John J. Gartside 50 Central View Road Dillsburg, PA 17019 Social Security No. 193-44-8109 4. The name and address of the Alternate Payee is: Eileen Gartside 313 Lewisben-y Road New Cumberland, PA 17070 Social Security No. 193-46-6054 5. This Order assigns to the Alterna'~e Payle 50% of the Participant's account' balance as of the date of the Court's approval of this Order. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in an account established on her behalf and shall be credited with any investment earnings or losses attributable thereto from the date of the Court's approval of this Order until the date of total distribution to the Alternate Payee. 6. Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to the Participant and may receive a distribution at the earliest date permitted under the Plan. 7. This Order constitutes a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended and is entered pursuant to the laws of the Commonwealth of Pennsylvania. 8. Nothing in this Order shall require the Plan: a) To provide any type or form of benefit, or any other option, not otherwise provided under the Plan; b) To provide increased benefits; and c) To pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another order previously determined to be a QDRO. 9. The Court reserves jurisdiction o~er the'parties and the subject matter to ~:nend this Order to establish and maintain its status as a QDRO.