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HomeMy WebLinkAbout07-1471F:\FILES\DATAFILE\General\Cutrent\12122\12122, Ldivcom '- s Created: 9/20/04 0:06PM Revised: 3/13/07 9:28AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID T. GERARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07- H-71 G1 r; I CIVIL ACTION - LAW HELENA MARIE GERARD, 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 judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DAVID T. GERARD, Plaintiff V. HELENA MARIE GERARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 1111 rnul CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is David T. Gerard, who currently resides at 4201 31 st Street South, Apt. 1040, Arlington, Virginia 22206. 2. Defendant is Helena Marie Gerard, who currently resides at 717 Yorkshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 28, 1985, in Arizona. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. Date: , (16 -7 MARTSON LAW OFFICES By_ Thomas J. Wi liams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff • - • VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. David T. Gerard O A- C=D cT o -n 777 A ? ' -' t ii J f'il ti NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE FA 17013-2922 (717) 241-4436 ATTORNEY FOR DEFENDANT DAVID T. GERARD Plaintiff V. HELENA MARIE GERARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1471 : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Kindly enter the appearance of Nathan C. Wolf, Esquire as counsel for Helena Marie Gerard in the above captioned case. submitted, Dated: March Ae, 2007 Nathlf; Esquire 10 Weef wh Street Care, PA 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 ,z, F.\FILES\DATAFILE\General\Current\1212'_\1212'_.I aosI Created: 9/20/04 0.00M Revised. 3.'11),07 O OI PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID T. GERARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1471 CIVIL ACTION - LAW HELENA MARIE GERARD, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Helena Marie Gerard, Defendant in the above-captioned action, hereby accept service of the Divorce Complaint in the above action on ?z g- O.-? Date: P ?- yr d' v Helena Marie Gerard Ma ? O'7 MARITAL SETTLEMENT AGREEMENT This Agreement, made this day of Z S. 1" L Y 1 0 0 DAVID THOMAS GERARD, 4201 31St Street South, Apt. , 2006, by and between 1040, Arlington, Virginia 22206, (hereinafter referred to as "Husband") and HELENA MARIE GERARD, 717 Yorkshire Drive, Carlisle, Pennsylvania 17013 (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on December 28, 1985, in Fort Huachuca, Arizona, and are the parents of Aaron Edmund Gerard, born June 8,1988; Rebecca Dianne Gerard, born August 9,1990; Benjamin David Gerard, born March 17, 1994; Sarah Loraine Gerard, born May 28, 1997; and Rachel Marie Gerard, born August 19, 2002; and WHEREAS, difficulties have arisen between the parties as a result of which they separated on June 13, 2005, and by this Agreement, settle all financial and property rights between them; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 2 P6 3. MARITAL DEBTS: During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills was incurred, that Husband shall be solely responsible for the car payment on his 2003 Honda CRV and half of the balance on Wife's USAA Mastercard. Wife shall be solely responsible for any and all bills, obligations or debts not listed above as a marital debt assumed by Husband. Each party agrees to hold the other free and harmless from any and all liability which may arise from the bills, obligations, and debts which are the responsibility of that party and agrees to indemnify and defend the other party from any claim regarding same. 4. DEBTS: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: A. AUTOMOBILES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Husband shall transfer title of the 1998 Dodge Caravan and 1992 Honda Accord to Wife. 3 -t) ? B. OTHER PERSONAL PROPERTY: Husband makes no formal claim to personal property remaining at the residence but will remove items not desired by wife. All other personal property shall be owned by Wife. 6. MARITAL RESIDENCE: Husband and Wife are the owners of the marital residence at 717 Yorkshire Drive, Carlisle, Cumberland County, Pennsylvania, and is and has been occupied by Wife. Husband shall transfer his interest to Wife who will then be solely responsible for all expenses of same, including the mortgage. Wife shall refinance the mortgage within two (2) years of the date hereof and remove Husband from any liability for same. 7. HUSBAND'S MILITARY PENSION: Husband is a 20 year member of the U.S. Army and has qualified for retirement benefits with Basic Pay Entry Date of May 22,1985. At the time of Husband's retirement, Wife shall be entitled to a percentage share of Husband's monthly retirement benefit which shall be determined as follows: Add Husband's initial monthly retirement benefit plus any VA benefit, multiply the sum by a fraction the numerator of which is 20 and the denominator of which is the number of years of Husband's credited service toward his retirement, divide the result by 2 and then multiply by a fraction the numerator of which is the sum of Husband's initial monthly retirement and VA benefits and the denominator is Husband's initial monthly retirement benefit only, then divide that result by initial Husband's monthly retirement benefit to arrive at Wife's percentage share of Husband's retirement benefit. At the time of Husband's retirement, either party may prepare a military QDRO to effectuate the above. To the extent that Wife's share of Husband's retirement, as calculated by the above formula, is limited by law, then Husband shall pay to Wife, as additional alimony, any amount so limited. 4 8. CUSTODY OF CHILDREN: The parties hereby agree to share legal custody of their children. All decisions affecting the children's growth and development, including, but not limited to: choice of day care provider; medical and dental treatment; education, both secular and religious; disciplinary matters of a substantial nature; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to share legal custody of the children. Each party agrees to give support to the 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 children. While in the presence of the children, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children shall respect and love. It shall be the obligation of each parent to make the children available to the other during the respective periods of physical custody and to encourage the children to participate in the physical custody schedule. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. The parties shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may, from time to time, become necessary and shall specifically not use the children as messengers. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter with the other parent. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by 5 ?6 the emergency without consulting the other parent in advance. However, the 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. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Husband's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Wife's primary responsibility to provide Husband with copies of report cards and all notifications of school conferences and events. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. The parents shall share physical custody of the children. Mother shall have primary physical custody of the children. Father shall have liberal, partial physical custody according to a schedule to be agreed upon by the parties and which shall be consistent with the best interests and welfare of the children. Both parties recognize and acknowledge the importance of maintaining a close and warm relationship with their children, and to that end, Wife will encourage the children to attend Husband's periods of physical custody. Each party agrees not to impair the other's right to shared legal or physical custody of the children. 9. ALIMONY: So long as Husband is an active duty member of the military he shall pay to Wife $1,800.00 per month as and for her alimony and separate maintenance. These payments will be modifiable and terminable as provided by law and will terminate, in any event, on the following events: a. Husband's death; 6 D? b. Husband's retirement from the military; C. Wife's death; d. Wife's cohabitation as defined by law; or e. Wife's remarriage. It is further understood that the alimony payment paid by Husband shall be deductible by him on his federal income tax return, and will be included as income by Wife on her federal income tax return. 10. CHILD SUPPORT: Child support shall be calculated according to law; provided, however, that as long as Husband pays child support to Wife, he shall be entitled to any tax exemption or credit for each child to which a dependency exemption is authorized. Wife shall executed any forms necessary to effectuate same. 11. MEDICAL INSURANCE: Husband shall continue to provide medical insurance coverage for his wife and children such as is presently maintained by him through his employer for so long as this is available at no cost to Husband. 12. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this 7 Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 13. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by them. 14. AFTER-ACQUIRED PROPERTY: Each of the parties shall 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 is or has been acquired by him or her after the date of separation, 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. 15. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 16. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 17. MISCELLANEOUS: s N A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. 1. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. 9 D? 1 `, K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. 10 ) i IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. ESS: David Thomas Gerard Helena Marie Gerard t COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF ?W ) On this, the o5 day of , 2006, before me, the undersigned officer, personally appeared David Thomas Gerard, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my W Od\offipal seal. NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland Couni COMMONWEALTH OF PENN ) :SS COUNTY OF CUB On this, the o c day of, 2006, before me, the undersigned officer, personally appeared Helena Marie Gerard, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ci seal. COMMONWEALTH OF PENNSYLVANIA LBoroof OTARIAL SEAL . NEIL, Notary Public rlisle, Cumbe rland County 11 ?4 c ? ?` <-_;- ? "f ? r ? ?? ..t ?? Y r ?a Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID T. GERARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1471 CIVIL ACTION - LAW HELENA MARIE GERARD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 unsworn falsification to authorities. Date: wKL d-7, d 06 1 All- JL'K David T. Geard, Plaintiff r-A d J? k": W Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID T. GERARD, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1471 CIVIL ACTION - LAW HELENA MARIE GERARD, : Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) AND & 3301(d) OF THE DIVORCE CODE 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 I 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 waiver 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. 0 1 M At Date: QO 1 David T. Gerard, Plaintiff C7 r -la C 2-1 '' COJ, F:\FILES\General\Current\ 12122\ 12122.1. consent Created: 9/20104 0:06PM Revised: 6/25/07 2:55PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID T. GERARD, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA HELENA MARIE GERARD, Defendant NO. 07-1471 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 unsworn falsification to authorities. Dates Helena Marie Gerard, Defendant "O t co ^r- Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID T. GERARD, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1471 CIVIL ACTION - LAW HELENA MARIE GERARD, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I 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 waiver 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., Q Helena Marie Gerard, Defend ' rn t. t -Orr; .... C CD rs? r f- • ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 77 day of P , 2007, by and between DAVID T. GERARD (hereinafter referred to as "HUSBAND") and HELENA M. GERARD (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on December 28, 1985; and 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 hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party, and, WHEREAS, the parties executed a marital settlement agreement on July 25, 2006, which they intend to amend to reflect the contents of the foregoing instrument, to the extent that such contents are inconsistent with the original agreement, any matters not dealt with in the instant agreement shall remain in full force and effect. NOW, THEREFORE, in consideration of the promises and 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. HUSBAND and WIFE agree that they did not separate on June 13, 2005, but rather on January 1, 2006 and that the parties were lawfully married for more than 20 years, all of which occurred during husband's active military duty. 2. Paragraph 9 of the Marital Settlement Agreement shall be modified to add a provision that HUSBAND and WIFE agree to equally divide the cost of the Survivor's Benefit Plan (SBP) premium and to maintain WIFE as the irrevocable beneficiary of such Plan, to the extent permitted by law. 3. Paragraph 9 shall also be modified to provide that from the date of execution of this agreement until July 2008, when WIFE shall obtain refinancing of the marital residence as identified in Paragraph 6, HUSBAND shall pay to WIFE the sum of $1,775.00 per month as additional alimony, over and above the $1,800.00 per month already provided. This sum shall be used by WIFE to pay the outstanding mortgage on the marital residence. The remaining provisions of paragraph 6 and paragraph 9 shall remain unchanged. 4. Paragraph 11 shall be modified to provide that HUSBAND shall continue to provide comprehensive medical, hospitalization, dental, vision and orthodontic coverage for the children until they reach the age of 23 (if still full-time students) or until the age of 21 (if not still full-time students) regardless of cost to HUSBAND. However, HUSBAND shall only continue to provide such coverage to WIFE as long as there is no cost to him to do so. WIFE shall obtain coverage at her own expense once HUSBAND can no longer provide coverage at no cost. 5. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. WIFE's attorney is Nathan C. Wolf, Esquire and HUSBAND's attorney is Thomas J. Williams. 0 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: (SEAL) DAVID T. GERARD ?- 4&?Zm ?`- (SEAL) HELENA M. GERJW COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this oWd day of c) a ii t. , 2007, DAVID T. GERARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 'QMMQNWE:ALj'h OF PENNSYLVANIA Notarial Seat Mary M. Price, Notary Public Carlisle Boro, Cumberland County t? My Commission Expires Aug. 18, 2007 Member, Pennsylvania Association of Notaries NO Public COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 2_ day of ^'r,? , 2007, HELENA M. GERARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set nyf;gand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seel Nathan C. Wolf, Notary Public Canals Boro, Cumbalend Counter MyOornrrlission F Apr.19, appg Mash , Pennsylvania Association Of Na rlas ? -n C? ?, ??? ?gl; "??t L ?' sr? - ? ?: ? _?? ?._ F.\FILES\Generai\Cu rent\12122\1:122.1.praI Thomas J. Williams, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID T. GERARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1471 CIVIL ACTION - LAW HELENA MARIE GERARD, Defendant 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 under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via hand delivery. Acceptance of Service dated March 28, 2007. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; June 27, 2007; by the Defendant; June 27, 2007. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated July 25, 2006, and an Addendum to Marriage Settlement Agreement dated June 27, 2007. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 27, 2007; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 27, 2007. MARTS LAW OFFICES. By Tho illiams, Esquire Jennifer L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 27, 2007 Attorneys for Plaintiff d e TO '. y l 1 _ ? .ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID T. GERARD Plaintif f VERSUS HELENA MARIE GERARD Def endant N 0. 07-1471 DECREE IN DIVORCE AND NOW, -So Im. e. 1 , _2()07 _, IT IS ORDERED AND DECREED THAT nAVTn T --- --- _ , PLAINTIFF, AND HELENA MARIE GERARD DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated July 25, 2006, and the Addendum to Marriage Settlement Agreement dated June 27, 2007, are hereby incorporatec but not merged into this Decree. BY THE COURT: ATTEST: ROTHONOTARY 4ey,ry jr /- or""Y ", ?V 14 /, o