HomeMy WebLinkAbout03-2086 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER, : CIVIL ACTION - LAW
Plaintiff :
v. : NO. f.~-,~2e~ffs6EIVIL
:
KATHY M. GARDNER. :
Defendant : 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 by
the court. A judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the office of
the Prothonotary at Cumberland County Courthouse, 1 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KINg STREET --SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER, : CIVIL ACTION - LAW
Plaintiff :
:
v. : NO. CIVIL
:
KATHY M. GARDNER. :
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE
AND NOW, comes the above named Plaintiff, Benjamin H. Gardner, by and through
his attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to
obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more
fully set forth:
o
Plaintiff, Benjamin H. Gardner, is an adult individual presently residing at 341 Airport
Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257,
since 1987.
Defendant, Kathy M. Gardner, is an adult individual presently residing at 727 Broadway,
Hanover, York County, Pennsylvania 17331, since February 1, 2003.
The Plaintiff and Defendant are nationals and citizens of the United States of America,
and both have been bona fide residents of the Commonwealth of Pennsylvania for at least
six (6) months immediately previous to the filing of the Complaint in Divorce.
The Plaintiff and Defendant were married on September 21, 1996, in Shippensburg,
Cumberland County, Pennsylvania..
There have been no prior actions of divorce or for annulment between the parties.
Plaintiff has been advised that counseling is available and the Plaintiff may have the right
to request that the court require the parties to participate in counseling.
The marriage is irretrievably broken.
The parties have lived separate and apart since February 1, 2003.
WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
9. The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce
from the bonds of matrimony and for such other and further relief to which Plaintiff shall be
entitled.
WEIGLE & ASSOCIATES, P.C.
By:
Richard L. Webber, Jr., Esqui~L-~
Attorney for Plaintiff
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
Telephone 717-532-7388
WEIGLE & ASSOCIATES, P-C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG. PA 17257-1397
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce 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:
WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER,
Plaintiff
Ve
KATHY M. GARDNER,
Defendant
CIVIL ACTION - LAW
NO. 03-2086 CIVIL
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA '
COUNTY OF CUMBERLAND '
SS
Patricia A. Frey, being duly sworn according to law, deposes and says that on May 24, 2003, a
true and attested copy of Complaint in Divorce with Notice to Defend and Claim Rights was served
upon the Defendant, Kathy M. Gardner. Manner of service: by mailing the same postage paid, certified
mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows:
Kathy M. Gardner
727 Broadway
Hanover, Pennsylvania 17331
The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto
as "Exhibit A."
PATRICIA A. FREY ~:~
Swom to and subscribed before
me this 27th day of May, 2003.
Notary Public
WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSI~URG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER,
Plaintiff
KATHY M. GARDNER,
Defendant
CIVIL ACTION - LAW
NO. 03-2086 CIVIL
IN DIVORCE
erti
R~turn Receipt Fee
(Endomement R~:luirod)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
$0.60
$2.~0
$1.~
$
0257
I[~ Postmark
Here
so that we can return the card to you.
· Attach thle ~ t~ the ~ of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
"l: q I Coad toa
If YES,
RE:
DELIVER
~ Certified Mail [] Express Mail
[] Registered J~eturn Receipt for Merchandise
[] Insured Mail []' C.O.D.
4. Restricted Delivery? (Extra Fee) .~Yes
2. Article Number
O'r~sfe~from~at~O 7001 2510 0001 8144 2419
PS Form 3811, August 2001 Domeeac ~ Receipt
EXHIBIT "A"
102595-02-M-1540
WEIGLE & ASSOCIATES, P.E.-- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER,
Plaintiff
V.
KATHY M GARDNER,
Defendant
CIVIL ACTION - LAW
NO. 03-2086 CIVIL
IN DIVORCE
AFFIDAVIT OF CONSENT
A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 2, 2003.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
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 tree and correct. I understand that false
statements herein are made subject to the penaities of 18 Pa,. C.S. § 4904 relating to unswom
falsification to authorities.
Dated:_
BENJ~[MIN H. GARDNER, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER,
Plaintiff
Vo
KATHY M. GARDNER,
Defendant
: CIVIL ACTION - LAW
..
_.
: NO. 03-2086 CIVIL
:
:
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(c) AND § 3301({I) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
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 unswom
falsification to authorities.
Dated: 2~/.~/~:~ ~'
J,A'i~iIN lt. GARDNER, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER,
Plaintiff
KATHY M. GARDNER,
Defendant
CIVIL ACTION - LAW
NO. 03-2086 CIVIL
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 2, 2003.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
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 tree 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.
Dated:
KATHY/M. GARDNER, Defendant
IN THE COURT OF COMMON iPLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER,
Plaintiff
KATHY M. GARDNER,
Defendant
CIVIL ACTION - LAW
NO. 03-2086 CIVIL
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301{c) AND ~ 3301(d~ OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
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 unswom
falsification to authorities.
· GARDNER, Defendant
MARITAL
J-'~'" '~. t, araner, hereinafter ~c~_~--~-7 : °f~-~ltt , 23~3 ~ --
~ , oy ann between
~*,~-cu [o as Husband, ot 341 Airport Road, Shippensburg,
Southampton Township, Cumberland County, Pennsylvania 17257, and Kathy M. Gardner, hereinafter
referred to as Wife, of 727 Broadway, Hanover, York County, Pennsylvania 17331.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on September 21,
1996, in Cumberland County, Pennsylvania, with no children having been born of the marriage; and
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, and the parties hereto are
desirous of settling some of their respective financial and property rights and obligations as between
each other including, without limitation by specification: the equitable division of marital property; and
the. settling of all matters between them relating to the past, present and future support, alimony and/or
mmntenance of Wife by Husband or of Husband by Wife.
NOW, THEREFORE, in consideration of the premises ~tad of the mutual promises, covenants
and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto,
Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows:
1~. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife
or absolute divorce on lawful grounds, if such grounds exist or shall or Husband to a limited
hereafter exist or to such defense as
may be available to either party. This Agreement is not intended to condone and shall not be deemed to
be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which
have occasioned the disputes or unhappy differences which have occurred prior to or which may occur
subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant
to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended.
2~. EFFECT OF DIVORCE DEL~_~E
The parties agree that un/ess 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 IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated into any divorce decree,
which may be entered with respect to them.
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4. DATE OF EXECUTION
The "date of execution" or "execution date" of the Agreement shall be defined as the date upon
which it is executed by the parties if they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Husband
Benjamin H. Gardner, by Richard L. Webber, Jr., Esquire, who is attorney for Husband and who
prepared this marital agreement. Wife Kathy M. Gardner acknowledges that she has been advised of her
right to seek independent legal counsel and she has decided not to do so. Both parties acknowledge that
they fully understand the facts and have been fully informed as to their legal rights and obligations and
understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and voluntarily after having
received such advice and with such knowledge, and that execution of this Agreement is not the result of
any duress or undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
6. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be
free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as
fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or
her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or
employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass,
disturb or malign each other or the respective families of each 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.
7. SEPARATION DATE
The parties do hereby acknowledge that they separated on February 1, 2003. It is hereby agreed
that February 1, 2003, shall be the separation date for purposes of equitable distribution under the
Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed
by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless
evidenced by written agreement.
8. MOTOR VEHICLES
A. The parties agree that Wife shall become the sole and exclusive owner of the parties'
1998 Ford Windstar motor vehicle.
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B. The parties agree that Husband shall remain the sole and exclusive owner of his 1988
Ford F-250 motor vehicle.
9. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets,
household equipment and appliances, vehicles, pictures, books, works of art and other personal property
and herem°ter Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband and Husband agrees that all of the property in the possession of Wife shall
be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce
and forever abandon whatever claims, if any, he or she may have with respect to the above items, which
shall become the sole and separate property of the other.
10. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of personal property, tangible or intangible, hereafter 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 not married.
11. REAL ESTATE
A. The parties hereto acknowledge and agree that they are owners of the marital residence
situate at 341 Airport Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania.
For and in consideration of the mutual covenants and agreements herein contained in the body of this
instrument, Husband and Wife further stipulate and agree that Wife releases interest in said real estate
and that said real estate shall be retained by Husband. Husband shall assume liability for the first
mortgage and home equity loan.
B. The parties hereto acknowledge that Wife is owner of real estate located in Cambria
County, Pennsylvania. Husband and Wife stipulate and agree that Husband releases interest in said real
estate and that said real estate shall be retained by Wife.
12. WAIVER OF SPECIFIED CLAIMS BY WIFE
Wife hereby waives any and all right to claim any interest or share in Husband's retirement and
any other employee benefits.
13. WAIVER OF SPECIFIED CLAIMS BY HUSBAND
Husband hereby waives any and all right to claim any' interest or share in Wife's retirement and
any other employee benefits.
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14. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS
The parties have previously divided all marital funds to. the satisfaction of each other.
15. WARRANTY AS TO EXISTING OBLIGATIONS
Wife shall assume full responsibility for all medical bills relating to the treatment of her son,
Christopher L. Garrnan. Wife shall indemnify and hold Husband harmless for any liability related
thereto.
Each party represents that he or she has 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 and 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.
16. WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband 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 the execution date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability
whatsoever for which the estate of the other may be liable.
17. LEGAL FEES
Each party shall pay his or her own legal fees.
18. INCOME TAX RETURNS
The parties agree to file separate federal and state income tax returns.
19. MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the
other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any
and all rights, title and interest, 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, of whatsoever nature and
wheresoever 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, engagements
or liabilities of such other or by way of dower, courtesy, or chtims in the nature of dower or courtesy or
widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the
right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
4 of 8
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any other country, 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. It is the intention of Husband and Wife 'to give to each other by the execution
this Agreement a full, complete and general release wi of
nature, real, personal or mixed, which the other n th respect to .any and all property of an kind
.e,x. cept all rights and agreements an,4 ~.~.,..__.. ~w, owns or may hereafter acauir~ ....... Y . o,r
tms Agreement or fortheb .... ~- A~'°~gat!°.ns °~wnats°ever nature arisin or -' '~' ~cpt.ancl omy
....,~,, many proms~on thereof, g which may ar~se under
20. WAIVER OR MODIFICATION TI~ BE IN WRITING
No modification or 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.
21. DIVORCE
The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the
Pennsylvania Divorce Code of 1980, as amended. Husband agrees to pursue the present divorce action
filed to No. 03-2086 Civil, 2000, in the Court of Common Pleas of Cumber/and County, Pennsylvania,
and to be the Plaintiff therein. Wife agrees to sign the necessary documents, including the Affidavit of
Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that
may be reasonably required to give full force and effect to the provisions of this Agreement.
2_2. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party any and all future instruments and/or documents that the
other party may reasonably require for the purpose of giving full force and effect to the provisions of
this Agreement.
2~3. LAW OF PENNSYLVANIA APP_LICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
2_4. AGREEMENT BINDING ON _[EI.[.~RS
This Agreement shall be binding and shall insure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
5 of 8
25. BREACH
If either party breaches any provision of this Agreement, the other party shall have the right, at
his or her election, to sue for damages for such breach or seek such other remedies or relief as may be
available to him or her, and the party breaching this contract s]hall
fees and costs incurred b the o ' . . be responsible for payment of legal
Y ther in enforcing their rights under this Agreement.
2~6. WAIVER OF ALIMONY AND OTHER RIGHTS
The parties hereto have been informed of their '
inform them of their ' rights or have been ad '
rights under and pursuant to th ',, .... r~_.: . .. ?sed to seek counsel to
e D~_,~,.~ ,_ uue, .Action or' April 2, 1980, Number
1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall
conclusively provide for the distribution of property under the said law and except as specifically
for in this agreement, hereby waive, release and relinquish any further rights they may
respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital
property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real
property in their own name. Any property so acquired shall be owned solely by the individual and shall
not be subject to any claim whatsoever by the other party.
2_77. FINANCIAL DISCLOS_I~RE
The parties confirm that they have relied on the substantial accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement.
2~8. ENTIRE AGREEMEN~r
This Agreement constitutes the entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them. There are no representations or warranties other than
those expressly set forth herein.
2~9. NO WAIVER OF DEFAU_LT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failur · . .
any of the provisions of this Aor ~,,, ~ :_ e of e~ther.party to ~ns~st upon strict o
o. eem~.,~ o-,m m no w v ~r,~, ,.~ _. ~ ~ . peril rmance of
a~ ..... [ mc -gnt oI SUCh party hereafter to enforce
the same, nor shall the waiver of any breach of any provision hereof be construed as a 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.
30. 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 provisions shall be
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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 &any party to meet her or his obligations under any
one or more of the paragraphs herein, with
shall in no the exception of the satisfaction of the conditions precedent,
way void or alter the remaining obligations of the parties.
3~1. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several Paragraphs and subparagraphs hereof are inserted
solely for convenience of reference and shall not constitute a part: of this Agreement nor shall they affect
~ts meaning, construction or effect.
32._.. VOLUNTARy EXECU'~i'IO_.Q_~N
The provisions of this Agreement and their legal
by their respective counsel, and effect have been fully explained to the parties
is being entered into voluntarily,each party acknowledges that the Agreement is fair and equitable, that it
and that it is not the result &any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
WITNESS:
7 of 8
COMMONWEALTH OF PENNSYLVANIA
SS
On this, the _ ~ day of__~_~/c~ ,,
the undersigned officer, nerson~. ......... J ,. ___. ..... 200y, before me a Notary Public,
name is subscribed to the within Agreement and acknowledged that he executed the same for the
~ ~%v alapcttrt~{l ~enjam~n H. Gardner, known to me to be the person whose
purposes therein contained.
1N WITNESS WHEREOF, I have hereunto set my hand and seal.
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF ~/~2~_~_ : SS
:
On this, the ~ day of D'-ri/ _, 20
the undersigned officer, personally ~p~ 0~, before mca Notary Public,
name is subscribed the within Agreement and acknowledged that she executed the same for the
town to me to be the person whoset°
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
-b/(~..~~ (SEA L)
8 of 8
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN H. GARDNER,
Plaintiff
KATHY M. GARDNER,
Defendant
CIVIL ACTION - LAW
NO. 03-2086 CIVIL
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:
Grounds for divome: irretrievable breakdown under § 3301(c) of the Divorce Code.
Date and manner of service of the complaint: May 24, 2003, by mailing postage paid,
certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania.
Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code:
by Plaintiff, August 3, 2004; by Defendant, July 31, :2004.
Related claims pending: None. The attached Marital Agreement between the parties dated
July 31, 2004, shall be incorporated but not merged into this Decree in Divorce pursuant to
the said Agreement.
Date Plaintiff's Waiver in § 3301(c) Divorce was file. d with the prothonotary:
August 4, 2004
Date Defendant's Waiver of Notice in § 3301(c) Diw>rce was filed with the prothonotary:
August 4, 2004.
WEIGLE & ASSOCIATES, P.C.
Richard L. Webber, Jr., Esqttire
Attorney for Plaintiff
Attorney ID # 49634
126 East King Street
Shippensburg, PA 17257
Telephone (717)532-7388
IN THE COURT Of COMMON PLEAS
BENJAHIN H. GARDI~R,
Plaintiff
VERSUS
~ATu¥ N. GARDNER,
Defendant
OF CUMBERLAND COUNTY
STATE OF .~ PEN NA.
NO. 03-2086
AND NOW,
DECREED That
AND
DECREE lIN
DIVORCE
BElqJANIN lt. GARDNer
2004
, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE f'OLLOWING CLAIMS WHICh haVE
BEEN RAISED OF RECORD {N THIS ACTION FOR VVHICH A FINAL ORDER HAS NOT
yet beeN ENtered; ~J0{/~2-~
The attached ~arital A~reement be~een the parties dated Ju~ly~l, 2004 shal!
be incorporated but not merged into this Decree in Di~r/~suant to the
said A~reement. ~/~.x
BY TH~' C, OURT::
~TTebT: J.
~ROTHONOTAR¥