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HomeMy WebLinkAbout03-2354JENNIFER L. GAUKER, Plaimiff STEVE GAUKER, Defendant · IN THE COURT OF COMMON PLEAS OF ' CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW · No. · IN DIVORCE/CUSTODY NOTICE 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 the these papers by the Plaintiff. You may lose money or property or other fights 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 at the Cumberland County Court House, High and Hanover streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 JENNIFER L. GAUKER, Plaintiff STEVE GAUKER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW · No. · IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff'is Jennifer L. Gauker, who currently resides at 2011 Pine Road, Newville, Cumberland County, Pennsylvania, since approximately November 12, 1998. 2. Defendant is Steve Gauker, who currently resides at 2011 Pine Road, Newville, Cumberland County, Pennsylvania, since approximately November 12, 1998. 3. Plaintiff.and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaimiff.and Defendant were married on April 24, 1993, in Grantville, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 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. Plaintiffrequests the Court to enter a Decree in Divorce. WHEREFORE, Plaimiffrespectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT H - CUSTODY 9. Previous paragraphs are incorporated by reference. 10. The plaintiff is Jennifer L. Gauker, residing at 2011 Pine Road, Cumberland County, Newville, Pennsylvania. 11. The defendant is Steve Gauker, whose current mailing address is 2011 Pine Road, Cumberland County, Newville, Pennsylvania. 12. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Caitlin Elysa Gauker 2011 Pine Road 4/22/94 9 Newville, PA 17241 Jake Ryan Gauker 2011 Pine Road 4/02/97 6 Newville, PA 17241 The children were not born out of wedlock The children are presently in the custody of Jennifer L. Gauker and Steve Gauker, who reside at 2011 Pine Road, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jennifer and Steve Gauker 2011 Pine Road Newville, PA 17241 Birth - Present 13. The mother of the children is Jennifer L. Gauker, whose mailing address is still 2011 Pine Road, Newville, PA 17241. She is married. The father of the children is Steve Gauker, currently residing at 2011 Pine Road, Newville, PA 17241. He is married. The relationship of plaimiffto the children is that of mother. The plaintiff currently resides with the following persons. NalTle Caitlin Elysa Gauker Jake Ryan gauker Relationship Daughter Son 14. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. 'Name Caitlin Elysa Gauker Jake Ryan Gauker Relationship Daughter Son 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaimiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim WHEREFORE, Plaintiff requests this Court grant Plaimiffprimary physical custody in the Father with visitation in the Mother as agreed upon by the parties. Respectfully submitted, ROMINGER & BAYLEY 'c'hael J. Whare, L~squire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Supreme Court ID #89028 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint 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. J 'fer Crauk~r, P~a~iff ~ JENNIFER L. GAUKER, Plaimiff STEVE GAUKER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW · No. · IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Jennifer L. Gauker, do hereby certify that I this day served a copy of Plaintiff's Complaint upon the following by depositing the same in the United States Mail, return receipt requested and first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Steve Gauker 2011 Pine Road Newville, PA 17013 Dated: Michad J~Whare, fisquire Attorney for Plaintiff JENNIFER L. GAUKER PLAINTIFF V. STEVE GAUKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT.. AND NOW, Wednesday, May 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cnmberland County Courthouse, Carlisle on Thursday, July 03, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT. By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JENNIFER L. GAUKER, Plaintiff STEVE GAUKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : No. 03-2354 : IN DIVORCE/CUSTODY STIPULATION AGREEMENT AS TO CUSTODY AND VISITATION Plaintiff, Jennifer L. Gauker, hereinai~er referenced as Mother, and Defendant, Steve Gauker, hereinafter referred to as Father, hereby agree to the entry of the following terms in a Court Order defining custody end partial custody rights and responsibilities in relation to the parties' minor children Caitlin E. Gauker, born April 22, 1994 mid Jake R. Gauker, born April 2, 1997, hereinafter referenced as Children: 1. The parties hereto agree that the best interests and continuing welfare of the children would be best served with a custody arrangement as follows: a. Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. § 5302. All decisions affecting the children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. b. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to the children's mental, dental, religious and school records. This includes the name, addresses and telephone numbers of all medical and other providers. c. Mother shall have periods of partial custody fi'om the 3~ week in August to the 2no week in June. (Mother's period of partial custody is to coincide with the school year.) d. During Mother's periods of partial custody, Father shall have visitation every other weekend and at other times as mutually agreed upon by the parties. e. Father shall have periods of partial custody beginning the 3~ week in June and ending the 2na week in August. (Father's periods of partial custody are to coincide with the Children' s summer vacation fi.om school.) £ During Father's periods of partial custody, Mother shall have visitation every other weekend and at other times mutually agreed upon by the parties. g. The Mother shall have the Children on Mother's Day and the Father shall have the Children on Father's Day. h. Mother and Father shall mutually agree upon the Holidays. 2. Each party shall have reasonable telephone and e-mail access to the child while the child is in the custody and control of the other parent. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the Children and shall further take any necessary steps to insure the that the health, welfare and well being of the Children are protected. 4. The parties shall do nothing that may estrange the Children fi.om the other party or hinder the natural development of the Children's love or affection for the other party. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only If exeeuted with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. Both parties agree that the terms of this agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Mother is represented by Michael J. Whare, Esquire ofRominger & Bayley. 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to: Michael J. Whare, Eatluire Date Date ,,~-'Stex)e Gauker ' -' / Dat/e Date JUL u 9 2003 JENNIFER L. GAUKER, Plaintiff V STEVE GAUKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 2354 CIVIL : IN CUSTODY COURT ORDER AND NOW, this '~/~ day of July, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, ert X. Gilroy Custody Concdmto~r JENNIFER L. GAUKER, Plaintiff STEVE GAUKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : NO. 03-2354 : : IN DIVORCE/CUSTODY ORDER AND NOW, this II" day of q,~ ,2003, in consideration of the attached Stipulation Agreement as to Custody and Visitation, it is hereby ordered that: 1. The parties hereto agree that the best interests and continuing welfare of the children would be best served with a Custody Agreement as follows: a. Mother and Father will share legal custody of children as defined in 23 Pa. C.S.A. §5302. All decisions affecting the children's growth and development, including but not limited to medical treatment, education and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. b. As provided in 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the children's mental, dental, religious and school records. This includes the name, address and telephone numbers of all medical and other providers. c. Mother shall have periods of partial custody from the 3rd week in August to the 2nd week in June. (Mother's period of partial custody is to coincide with the school year.) d. During Mother's periods of partial custody, Father shall have visitation every other weekend and at other times as mutually agreed upon by the parties. e. Father shall have periods of partial custody from the 3rd week in June and ending the 2nd week in August. (Father's period of partial custody is to coincide with the children's summer vacation from school.) f. During Father's periods of partial custody, Mother shall have visitation every other weekend and at other times as mutually agreed upon by the parties. g. The Mother shall have the children on Mother's Day and the Father shall have the children on Father's Day. h. Mother and Father shall mutually agree upon the Holidays. 2. Each party shall have reasonable telephone and e-mail access to the children while the children are in the custody of the other parent. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children are protected. 4. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. 5. Any medication or waiver of any of the provisions of the Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 6. The parties agree that in making this Agreement there has been no fraud, concealment, overreacting, coercion or other unfair dealing on the part of the other. 7. Both parties agree that the terms of this Agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel and review and fully explain the terms of this Agreement. Mother is represented by Michael J. Whare, Esquire of Rominger & Bayley. 8. The parties have agreed that this Agreement shall be recorded and incorporated into an Order enfomeable by the Court. BY THE COURT Jo JENNIFER L. GAUKER, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2354 STEVE GAUKER, : Defendant : IN DIVORCE/CUSTODY MARITAL SETTLEMENT AGREEMENT (hereinafter called "Wife") and Steve Gauker, (hereinafter called "Husband"). WITNESSETH: Jennifer L. Gauker, 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 hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; (3) the implementation of custody arrangements for the minor children of the parties for the immediate future; and (4) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other ge,od and valuable consideration, receipt of which is 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 PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or fi.om making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce procedure is instituted. 2. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fifir opportunity to obtain independent legal advice of counsel of her and his selection; that Wife has been independently represented by Michael J. Whare, Esquire and that Husband aware of his right to legal representation, declares that it is his express, voluntary and knowing intention not to obtain counsel and he chooses instead to represent himself with respect to the preparation and execution of this Agreement. 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. 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 her or him. 4. PERSONAL PROPERTY Husband agrees to set over, transfer and assign all of his right, rifle and interest to those personal effects and items of personalty that are more fully described in Exhibit "A", which has been annexed hereto and made a part hereof. By these presents, each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above items which are the sole and separate property of the other from the date of execution hereof. 5. REAL PROPERTY Wife and Husband hereby agree to list the property at 201[ 1 Pine Road, Newville, Pennsylvania, with a licensed Real Estate agent for sale. Wife and Husband do hereby agree to 3 transfer, convey and sign ail paperwork needed to sell the property. Proceeds from the sale of the house will be used to pay off the baiance of the current mortgage, pay off any and ail debt owed by the parties, with the remaining monies to be split equally between the parties. 6. SUPPORT The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves and the children who may live with them, sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any spousal support. 7. LIFE INSURANCE Husband agrees that he shall designate Wife as the irrevocable beneficiary of one-half the face mount of all insurance policies insuring Husband's life: now in existence or hereinafter coming into existence, until such time as Wife dies or remarries. 8. LIABILITIES Wife and Husband each covenant, warrant and 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 prior to or after the effective date of this Agreement, except as may be otherwise provided by the terms of this Agreement. 4 9. LEGAL FEES Wife hereby agrees to waive any fight to alimony pendente lite and each party agrees to be responsible for her or his own legal fees and expenses. 10. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impalrcd by any divorce decree which may be granted but shall continue in :full force and effect notwithstanding the granting of any such decree. This Agreemeut 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 umhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 11. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the 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 or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intesl~te laws, or the right to take 5 against the spouse's will; or the right to treat a lifetime convey~mce by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising ander the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise trader this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above:. 12. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 13. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enfomed or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 14. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature 15. SEVERIBILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16. HEADINGS 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 its meanings, construction or effect. 7 17. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated. Notwithstanding the foregoing, ifa final decree in divorce shall not have been obtained within four (4) months from the date of execution of this Agreement, this Agreement shall be null and void. 18. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. uker/Wife t gte~;~'~auker/~Iusb~n~t 8 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the'~.-~ day of~_~l~r~//~ , 2004, before me a notary public, the undersigned officer, personally appeared Jennifer Gauker known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) un~O_~n this, the'~/'~")day o f.~'~J'~_tJ.O.f~,~t~ .. ,-'~, ~004', before me a notary public, the dersig,ed officer, personally appeared Steve G)~er known to me (or satisfactorily proven)to be the person whose name is subscribed to the ~in instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official/seal. · g JENNIFER L. GAUKER, Plaintiff V. STEVE GAUKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : No. 03-2354 : : : IN DIVORCE/CUSTODY PROOF OF SERVICE item 4 if Restricted Delivery is desired. · Prim your name and address on the reverse · o that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Aracre Addressed to: 2. A~flcle Number PS Form 3811, August 2001 Domestic Return Receipt F~ Agent I by (Printed Name)' C. Date of Dellveq 3. Se~ice Type ~. Certified Mall r'] Expmes Mail [] Registered ~l,.Retum Receipt for Merchandiee [] Insured Maii l-I C.O.D. 4, Restricted Deliver? (~m Fee) JENNIFER L. GAUKER, Plaintiff STEVE GAUKER, 1N THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 03-2354 Defendant IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Date: April 30, 2004 Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. Date and manner of service of the Complaint: June 6, 2003 was served on Defendant by First Class Mail, Certified, and Return Receipt Requested and signed for on March 23, 2003. Date of execution of the affidavit of consent required by § 3301 (c) or The Divorce Code: by the Plaintiff January 29, 2004; by the Defimdant February 20, 2004. Related claims pending: None (b) Date Plaintiff' s Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: on February 24, 2004; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on February 24, 2004; a copy of which is attached. Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff IN THE COURT OF COM~ION PLEAS Of CUMBERLAND COU ~TY STATE Of PENNA. Jennifer L. Gaukmr Plaintiff VERSUS Steve Gauker Defendant NO. 2354 2003 DECREE IN DIVORCE AND NOW, DECREED THAT AND Steve Gauker ARE DIVORCED FROM THE BONDS OF MATRIMONY, /~ ~ , ~Y , it IS ORDERED AND / Jennifer L, Gauker , 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; None. The Marital Settlement Agreement i~ i~~ but not merged with the Divorce Decree. BY THE COURT: ~ ATTE~:} //) J.