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HomeMy WebLinkAbout01-04641 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. GERALD J. WILKES PLAINTIFF VERSUS KATHLEEN J. WILKES DEFENDANT N O. O1 - 4641 DECREE IN DIVORCE AND NOW, ® ~ IT IS ORDERED AND DECREED THAT AND KATHLEEN J. WILKES ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Property Settlement Agreement dated July 17, 2003 is incorporated into this order BY THE ATTEST: ~ ,J , ~ / PROTHONOTARY GERALD J. WILKES CAS ~~~ GERLAD J. WILKES, Plaintiff v KATHLEEN J. WILKES, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO.O1- 4641- CIVIL TERM IN DIVORCE 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 (X )3301(c) O3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: August 7, 2001, First Cass Certified Mail, Return Receipt Requested. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: July 18, 2003; Defendant: July 13, 2003. (b) (1) Date of execution of the Plaintiff s affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date of service of the Plaintiffs affidavit upon the Defendant:- 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 22, 2003. (c) Date Defendant's Waiver of Notice in §3302(c) Divorce was filed with the Prothonotary: July 22, 2003 ^ _ // ~ Hubert X. Gilroy, E uire Attorney for Plain ff ` Broujos & Gilroy, C 4 North Hanover Street Carlisle, PA 17013 717-243-4574 f.^ c„ r; ~ L, J ~'n ' n ~ ~~ _, ~ = __ - z~ - C: ~ ~~ _ ~~e ' _., `. ' Vic : cam- ~.-~~ ; ;~-~;=n '~ ° t7~ [ti ~~ GERALD J. WILKES, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBBI2LAND COUNTY, PENNSYLVANIA V KATHLEEN J. WILKES, :NO. O1- 4641 CIVIL ACTION- LAW Defendant :IN DIVORCE Marital Separation Agreement AGREEMENT, made this 17th day of July, 2003, between Gerald J. Wilkes (hereinafter referred to as the Husband and Kathleen J. Wilkes (hereinafter referred to as the Wife). WITNESSETH: WHEREAS, the parties hereto were married in Alexandria, Virginia, on December 8, 1973; and WHEREAS, two children have been born of said marriage, namely: Christopher Scott Wilkes, born on September 22, 1981 Andrew Ellis Wilkes, born on March 28, 1976 WHEREAS, in consequence of irreconcilable differences, the parties voluntarily separated on August 22, 2001; and WHEREAS, it is the desire of both parties to settle and determine their obligations to each other and all their property rights, claims for maintenance and support of each of the parties by the other, and all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, it is mutually agreed by and between the parties as follows: I. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. II. MUTUAL WAIVER ~, ~» It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. III. COLLEGE EDUCATION In case of Christopher Scott Wilkes, the parties shall share equally the remaining cost of a four-year undergraduate education at the Pennsylvania State University. For purposes of this Agreement, the term "cost of education" includes, but is not limited to, tuition and other enrollment or matriculation fees and charges, all attendant fees and expenses, whether charges for attendance in general or by virtue of enrollment in a special course or program, room and board, reasonable transportation charges, books and other expenses reasonably and necessarily incurred and relating to enrollment and or attendance in such colleges, universities, or technical schools. IV. MEDICAL INSURANCE The Husband shall maintain major medical and hospitalization insurance for the benefit of the Wife and Christopher Scott Wilkes. The insurance for the benefit of the Wife, with the exception of any medical benefits due her through the military health care system as a former spouse of a retired service member, shall be terminated upon the divorce of the parties. The insurance for the benefit of Christopher Scott Wilkes shall be terminated upon his graduation from college or 23r8 birthday. V. DISPOSITION OF PROPERTY 2of10 _~ THE MARITAL HOME. The parties own as tenants by the entirety, in fee simple, theproperty known as 48 S. Pin Oak Drive, Boiling Springs, Pennsylvania 17007, which property is presently occupied by the Wife. The parties agree that the marital home is valued at approximately $260,000, and that it currently holds one lien, valued at approximately $138,000. Therefore, the parties agree that the current equity in the marital home is approximately $122,000. The Husband and Wife shall equally be responsible for payment of all capital gains taxes that may become due as a result of this transfer as a result of any subsequent sale of the premises. The parties shall continue to own the said property as tenants by the entirety and, upon being divorced, they shall become joint tenants with the right of survivorship. The Wife shall be entitled to sole possession of said premises (rent-free) until sale. It is the intent of both the Husband and Wife that the Wife live in and maintain the property as long as she desires. The Wife shall be solely and exclusively responsible for paying the mortgage, taxes, insurance, repair costs and every other cost associated with the Wife's residence upon the said property and for the maintenance of the property. The parties each agree that in the event they own the said property as tenants-in-common, neither of them may, without the written consent of the other, sell his or her respective half interest in the said property. Further, the parties agree that neither of them may, without the consent of the other, further mortgage or otherwise lien the said property without the consent of the other. The parties each agree that the property cannot be sold without the written consent of the Wife unless she stops paying mortgage, taxes, or insurance costs. The parties further agree that the xusband cannot sell the property without the written consent of the Wife. The parties shall bear equally the cost, if any, of effectuating the sale of the property, including the real estate agent's fees and seller's settlement costs. Neither party shall refuse to execute a contract for sale on the above terms or impose unreasonable conditions for the consummation of a contract of sale. Any and all Deeds of Trust, liens, closing costs, including attorney's fees, and real estate commissions shall be paid from the proceeds of sale before any distribution is made therefrom. All remaining monies received from the sale and settlement of the Property, after payment of all encumbrances and after deduction of all costs of settlement, shall be distributed equally to the parties. This Agreement acts as an authorization and directive to the settlement attorney to issue separate checks to the Wife and the Husband pursuant to the preceding paragraph, in disbursing the proceeds from the sale of the Property. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: 3of1O - ,~~~:_ The parties have divided between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. The parties have equally divided in terms of value all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other financial assets that were titled in one or both parties' names and legally marital property. OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. VI. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policy or policies purchased after the execution date of this document. The Husband agrees to make the Wife the irrevocable beneficiary of half of the death benefit of all existing life insurance policies and name his children, Christopher Scott Wilkes and Andrew Ellis Wilkes as equally the beneficiaries of the other half_ VII. RETIREMENT BENEFITS The Husband agrees to waive and release any rights or claims he may now have, or at any future time would have had, to any retirement pay, benefits or privileges earned by the Wife before, during or after this marriage. The Wife agrees to waive and release any rights or claims she may now have, or at any future time would have had, to any retirement pay, benefits, or privileges earned by the Husband before, during, or after this marriage unless specifically addressed in this agreement. The Husband and Wife both agree to waive all right to claim any interest or share in the other party's Individual Retirement Accounts. The Husband acknowledges he is currently receiving monthly pension payments from the United States Army after twenty-nine (29) years of military service. He agrees to arrange for direct pay to the Wife the proportion of forty-five (45) percent of his military retirement taxable income, an amount proportionate to half of the twenty-six (26) years of his military service during which they were married. He agrees to pay to the Wife a fixed sum of $1,500.00 on the last day of each month, beginning July 2003, and the last day of each month thereafter until the Husband is notified that the Wife has received the 4of10 first monthly direct payment from the United States Army. It shall be an obligation of the Wife to repay the overage in the event of a duplication of payments, and to repay the same within thirty (30) days of receipt of any overage. Each of the parties agrees to execute any necessary documents or to provide any information necessary to arrange for direct pay to the Wife. The Husband agrees to make the wife irrevocable beneficiary of his military survivor benefits on his pension. Each party pledges to cooperate with the other to secure approval of or execute whatever documents are necessary to transfer pension funds to the payee from the payor's accounts. VIII. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make purchases on the credit of the other. CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the, parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts or obligations or any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the Sof10 separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. IX. MISCELLANEOUS PROVISIONS EFFSCTIVH DATH OF AGREEMENT This Agreement shall be effective as of the date of this Agreement. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. REPRESENTATION The parties each acknowledge entering freely and voluntarily into this Agreement, having been represented and advised by counsel in the negotiations for and preparation of this Agreement. The parties and their counsel have had an opportunity to conduct a complete examination and review of all related records and documents, and the parties have had this Agreement fully explained to him or her by their respective counsel and are fully aware of its contents and its legal effect. Each of the parties shall be solely responsible for paying his and her respective attorney's fees and costs incurred in connection with the negotiation and preparation of this Agreement and the obtaining of a final judgment decreeing the dissolution of the marriage. Neither Husband nor Wife shall have any obligation whatsoever for any attorney's fees or costs incurred by the other party. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may recover his or her reasonable attorney's fees and costs. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. TAX RETIIRNS The parties shall file separate Federal and Pennsylvania income tax returns for the taxable year 2003. The parties shall share the costs incurred in the preparation of said income tax returns or any resulting tax liability in proportion to their respective incomes. The Wife shall be entitled to claim the tax deduction for the dependency exemption for their minor children, as long as either party is entitled to claim the dependency exemption under Section 152 (e) of the Internal Revenue Code of 1954, as amended. The Husband agrees that he will sign Internal Revenue Service Form 8332 or any other 6of10 ~.. declaration required by the Treasury Department or the Internal Revenue Service to implement this Agreement and agrees to provide such declaration to the Wife. INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Wife shall receive the interest deductions and depreciation attendant thereto. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. The parties shall equally collect all claims and pay all expenses. RELRASE OF GENHRAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action, which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AOTOMOBILH INSIIRANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and thereafter, with no contribution required from the other party. SOCIAL SHCURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver or either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, 7of10 Yvwi ~ ,.. administrators, executors and assigns. This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the wife or ordered by the court after duly noticed hearing. RELIANCE ON MATERIAL The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. FDRTHER ASSIIRANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure. SIIBMISSION TO COIIRT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into final judgment decreeing the dissolution of the marriage. SIIBSEQIIENT DIVORCE 8of10 ~~ ,,_,~ If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependent for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties and their respective realty and personality, as set forth herein. NOTICHS All written notices and demands that either of the parties give to the other party in connection with this Agreement, or any to personal service, by mailing the notice or demand in a sealed envelope addressed to the party and with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 511 S. College St., Carlisle, Pennsylvania 17013, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 48 S. Pin Oak Drive, Boiling Springs, Pennsylvania 17007, or another address designated by her in writing to the Husband. AMHNDNENT This agreement supercedes all previous agreements including the Separation Agreement dated August 22, 2001 between the Husband and Wife. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to two counterparts of this Agreement, each of which will constitute an original, this 18th day of July, 2003. Kat Qeen J. Wi~s, Wife ~~l/ ~N~~ 'r~ Witness 'J 9of10 ~~ . COMMONWEALTH OF PENNSYLVANIA, COUN /TY OF _ ~.u,yn G1~_I/.~i''/O SS. On this /g-~ day of ~jl,` 2003, before me, the undersigned officer, personally app ared Gerald J. Wilkes, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notaria; Seal --l~+i Betty S. Kistler, Notary Public Carlisle Boro, Cumberland County Notary blic My Commission Expires May I~, 2005 Member,Pennsyivania ASSrriation oYNOtaries My commission expires on ~1Pt~+ ~~ ~Q3 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~~6yd , SS.: On this ~ day of o.' 2003, before me, the undersigned officer, personally app ared Kathleen J. Wilkes, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand a/nd offi~~/c/~i/al seal. Notarial Scal ~ ~O ~/t'6,! Betty S. Kistler, Notary Public -~ Carlisle Boro, Cumberland County Notary Public My Comnssion Expires May ~~. 2005 My commission expires on ~~ ~'i'.7 Member, PennslnvaniaASSOCiaf6,n of Piotaries 10 of 10 ::=t ~ { ~ -.- Rj ~ -~(,i ~ Y' <~ t ~,.. ~ -, i t+.i l-1 1.. i -TI ~- ~ L. )l J ~%' „~~~ N G '~' ^._7 rn So~ { v~ , ~~. ~^waieuv~,ms:~C+3+£k4'-'.'~. ~~r„ 5_~+a:.1E ~s¢Ar3xRW... . ,~, .3 GERALD J. WILKES, Plaintiff v KATHLEEN J. WILKES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI - y(DyI CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plainfiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 GERALD J. WILKES, Plaintiff v KATHLEEN J. WILKES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1 - ~{CQ~{ ~ CIVIL ACTION -LAW IN DIVORCE COMPLAINT Plaintiff Gerald J. Wilkes, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Gerald J. Wilkes, is an adult individual residing at 48 South Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania. 2 Defendant, Kathleen J. Wilkes, is an adult individual residing at 48 South Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania. 3 The parties were married on December 8, 1973, in Alexandria, Virginia. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff: ti 6 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS & GILROY. P.C. By Hubert X. ilroy, Esquire Attorney or Plaintiff Broujos Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Gerald Wilkes CTI ~a? mn3 ;;~ _~ ~~i• 8 '',±f3 c~ '7't ~'~=z a V' ~ ~ ~ ~~ /~ 1~ GERALD J. WILKES, Plaintiff v KATHLEEN J. WILKES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ol - 4641 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 2, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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• ~~ ~ ~~ Gerald ilkes, Pla ~fiff ~5n,~ GERALD J. WILKES, Plaintiff v KATHLEEN J. WILKES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ol - 4641 CIVIL TERM IN DIVORCE DEFENDANTS AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 2, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about August 7, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: _-~7`"_`/-03 . een J. Wil s, efendant f., i '! i r lyl -_ - - <- _. ' 4 ~ .: r; -. ;, , ~;- -. ~ ~~ GERLAD J. WILKES, : IN THE COURT OF COMMON PLEAS OE Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v NO.Ol - 4641- CIVIL TERM KATHLEEN J. WILKES, : IN DIVORCE Defendant I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant, Kathleen J. Wilkes, by certified mail on August 7, 2001. A copy of the Certified Mail - Return Receipt Requested, Restricted Delivery, is attached hereto aad marked Exhibit A. DATE Hubert X. Gilroy, Es Attorney for Plain ' f Broujos & Gilroy, P.C. 4 Nortb Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this ~~ da of , 2003 ~~~~ Notary ublic Notarial Seal Bridget Ann Corcoran, Notary Public Carlisle Boro, Cumberland County My Conunission E[pires June 10, 2006 Mambsr, PennsyNaniaASSaciation aivotaries .. . ~ ~, _ _~; -~~ ~„ _ ~~, ~ -- ~\ t{ t ,. ~ ~ c - ~_ ~ y. y ~j y_~ , _ . _ f~ l,. 4 ~`` ~~~ )..~ ~~ _C.. 1ge,i _ i i CTr .r ~~~ ~~ ^~ x ^ Complete items 1, 2, and 3. Also complete A. Received by (Please item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we den return the card to you. Signatu ^ Attach this Card to the back of the mailpiece, or on the front if space permits. D. ery ad di 1. Article Addressed [o: If YES, ent eliven Kathleen J. Wilkes 48 S. Pin Oak Drive Boiling Springs, PA 17007 I ~ 13'AdC ereM from' em 7 ~ Yes address below: ^ No 3. Service Type ~I Certified Mail ^ Express Mail ^ Registered ~ Retum Receipt for Me 'se ^ Insured Mail ^ C.O.D. - 4, Restdcted Delivery? (Extra Fee ~ Yes 2. Article Number (Copy from service label) 7099 3400 0018 5046 3359 PS Form 3811, July 1999 Domestic Return Receipt tozsss-oo-rd-ossz ,,_, .,. . ;. c~ c ~~ -~~, ~ =-~ ~_ ..4 ;;_ _ _„ -, ~, -; ._ ~~ -ti` ~S ~~ L ~.