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HomeMy WebLinkAbout99-03123 Ml I t3 i )d t w. . Ye ? IIA I , t w G a: •:P:' :? ? :? • '•:1:• . :?:•' {?:• Ci • :? • •:6•.µ:m • :?:• •:? • •:?i •:?:• •:?: {?:• •:Y• C?:• i!:• i?:•' }' ;:?}...:? •:::?:•. ; :?:•..•:?:•. :? •.. •:O:•. ? {' :? •::•y O ` IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY I STATE OF e PENNA. f4 ? 10 { WILLIAM P. GILLET Plaintiff No ..................99 3123.. i Versus i I DANIELA L. GILLET Defendant DECREE IN DIVORCE 1 AND NOW,.. . ............... . i9'...... , it is ordered and !? decreed that .... WILLIAM. I'..GILLET ............................. plaintiff, and ............. DANIELA L. GILLET ..... .......................... defendant, are divorced from the bonds of matrimony. e 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; "VQ- •' .......... i'TPPerty. Settlement. Agreement, dated. November..12,..L9.99. 1& ....... into this Order. j r ... .. url By The Co Attest: J. Prothonotary. 9 3or O} CAG .y; •:?i ••w',• •:?:• •:6• •:?:• •:?: w, s:• :?. .?. :?: ;?> ce:• :?:• .?. .?: •:?, .?: ;K• :e:? c?: •:?: .?. .e:• :?. .?; ... , _? in• as l'? ???? ,????' ?' ?? .??,?. WILLIAM P. GILLET, Plaintiff V. DANIELA L. GILLET, Defendant : IN THE COURT OF COMMON FLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3123 : IN DIVORCE CIVIL TERM MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of 1999, by and between DANIELA L. GILLET, ("Wife") and WILLIAM P. GILLET ("Husband"). WHEREAS, the parties were married on May 30, 1993, and have remained married since that time; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they are living separate and apart from each other; and WHEREAS the parties wish to set forth certain covenants and understandings regarding their separation and their respective property rights; NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that this Agreement is entered into voluntarily and after due deliberation by each of them. Wife is represented by Samuel W. Milkes, Esq., Jacobsen & Milkes and Husband is represented by Hubert X. Gilroy, Broujos & Gilroy. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Wife and Husband at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been filed by Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, at the above referenced caption. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they will execute, on or before April 1, 2000, the necessary Affidavits of Consent for the entry of a final divorce decree in the pending action. In the event Wife fails or refuses to execute an affidavit, Husband's obligation to pay the alimony set forth in this Agreement shall be suspended and cancelled for each and every month she fails to do so. In the event Husband fails or refuses to execute an affidavit, his obligation to pay alimony shall be extended by one month for each month he fails to do so. 4. KNOWLEDGE OF MARITAL ESTATE: Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed as to her or his legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after Wife's consultation with her attorney and Husband's consultation with his attorney. The execution of the Agreement is not the result of any duress or undue influence, and it is not the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed of, or is familiar with, the wealth, property, state, and income of the other, and each party is hereby satisfied that such information is true and correct. 5. PERSONAL PROPERTY The parties have divided all personal property and each is full owner of the personal property now in his or her possession. 6. PRE-MARITAL PROPERTY: The parties agree that any property which might be considered premarital is in the possession of, or is titled in that parties' name and each is full owner of any such property in his or her possession. 7. MARITAL HOME: Husband agrees to execute a deed, commensurate with the signing of this Agreement, conveying to wife any and all of his interest in the marital home, located at 403 South Spring Garden Street, Carlisle Pennsylvania. Effective that date, Wife agrees to assume sole responsibility for payment of the mortgage, taxes, and insurance on this property, and to indemnify Husband, and to hold him harmless for Wife's failure to perform any of these responsibilities. Husband agrees that he is excluded from this residence unless his presence is with the agreement of Wife. It is further agreed that within five years of the date of execution of this Agreement, Wife shall refinance the home, or arrange for the current financing to be transferred to her name only, such that Husband shall no longer be named as a debtor or mortgagor with relation to this property. In the event that Wife is unwilling or unable to do so, she shall at that time sell the property. If there is any deficiency due, in order to convey the property free and clear of any debt or costs, Wife shall be responsible to pay this deficiency. If there is any profit realized as a result of the conveyance, this shall be the sole property of Wife. 8. TANGIBLE & INTANGIBLE PROPERTY AND PENSION: The parties agree that each shall retain their individually acquired savings, investments, tangible and intangible property unless specifically addressed within this Agreement. Further, each party is declared to be the sole owner of any pension, retirement, or other similar plan now or formerly in existence and the other party hereby relinquishes any claim of interest in such a plan or benefit.. If necessary, the parties agree to cooperate in the entry of a (qualified Domestic Relations Order needed to effectuate the terms of this portion of the Agreement. 9. PROPERTY SETTLEMENT: As a part of the overall property settlement agreement of the parties, Husband agrees to pay to Wife, commensurate with the execution of this Agreement, the amount of $874.82. 10. ALIMONY/SPOUSAL SUPPORT: Effective October 1, 1999, and continuing for a period of two years, Husband shall pay to Wife monthly alimony in the amount of $650.00. Commensurate with the execution of this Agreement, Husband shall pay to Wife the October and November 1999 alimony payments, totaling $1300.00. The alimony amount shall be considered a set, non-modifiable amount but shall terminate upon Wife's remarriage or upon her cohabitation with a man (this does not preclude Wife from accepting tenants, under circumstances where she is not romantically involved with a tenant). The monthly payments shall be due on the first of each and every month. Payments may be made directly to Wife, without the involvement of the Domestic Relations Section. Only in the event that any payment is late by tenor more days would Wife be able to have this term entered as an Order of Court, enforceable through the Domestic Relations Section, and in such event, Husband agrees that this obligation may be entered as an Order of Court, through the Domestic Relations Section. The current pending spousal support action, on file with the Cumberland County Domestic Relations office shall be withdrawn immediately by Wife's attorney, upon confirmation that Husband has executed this Marital Settlement Agreement and has paid to Wife, or deposited with his attorney, the funds to be paid at the time of execution of this Agreement. 11. HEALTH INSURANCE: Husband shall continue to maintain Wife on his employer-provided health insurance through March 2000. Thereafter, it shall be Wife's responsibility to provide for her own coverage or to pay the COBRA amounts required to continue her coverage under the current plan. 12. DEBTS: Each party shall be responsible for his or her premarital debt incurred by him or her (such as Wife's student loan) and each shall be responsible for a portion of the marital debts, as follows, including any interest or late penalties incurred to date: Husband: AT&T, MBNA, Dauphin Deposit. Wife: Fleet Bank, In addition, Husband shall be responsible to his parents, and Wife shall be responsible to her mother for any and all debt incurred or claimed to have been incurred by the parties, before or during the marriage. Each shall hold the other harmless and indemnify the other for any indebtedness occurring to the other party as a result of parental loans from his or her own parents. 13. AUTOMOBILES: The parties agree that Husband shall retain the automobile currently in his possession, a Geo, and Wife shall retain the van currently in her possession. Any transfers of title necessary to effectuate this Agreement will be undertaken as soon after the signing of this Agreement as possible. Each party shall be responsible for continuing to make any payments on the vehicle in his or her possession and for keeping the vehicle registered and insured. Each party agrees to indemnify and hold the other harmless for any liability that may result from the failure of the other party to keep these expenses and payments current. 14. BANKRUPTCY. Each party agrees that in the event he or she should file for bankruptcy, he or she shall indemnify and hold the other harmless for any indebtedness or liability this causes the other person and that such obligation shall not be dischargeable in bankruptcy, or shall be reaffirmed if it is discharged. 15. COUNSEL FEES: Each party shall be individually responsible for payment of his or her counsel fees incurred by himself or herself in connection with any matters having to do with this divorce. 16. NON-MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 17. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 18. MUTUAL RELEASE: Except as provided for in this Agreement, the parties hereby remise, release, quitclaim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way of dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 19. NON-WAIVER: The failure of either party to insist in any one or more instances upon the strict performance of any of the terms hereof in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 20. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, including equitable enforcement of the Agreement. 21. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 22. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and assigns. This Agreement shall be executed as original in quadruplicate. 23. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 24. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event that either Husband or Wife at any time hereafter obtain a divorce, this Agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The court, on entry of judgment for divorce shall retain the right to enforce the provisions and the terms of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day nd year first ove written. i% DANIELA L. GILLET SAMUEL W. MILKES, ESQ. ATTORNEY FOR WIFE WILLIAM P. GILLET ?0 HiJBERT X G ROl' ATTORNEY?OR HUSBAND COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND & day this, the day ofrC, 1999, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared DANIELA L. GILLET, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLtNOTAR"SUL SA 1111111111L W. MIUW , NOYMY PUSUMV My Commission Expires: M CARUUS V 1EV?RES N LLYY27 " COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND 1- On this, the day of 1999, before me, a Notary Public in and for the aforesaid Commonwealth nd County, personally appeared WILLIAM P. GILLET, 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 purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: Notarial Seal Bridget Ann Corcoran, Notaz Public Carlislo Boro, Cumberland County My Co, emission Expires June 10, 2002 rJ I n Cv 7.1 U_ C J [Y1 41 _J C> WILLIAM P. GILLET, Plaintiff v DANIELA L. GILLET, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA N0.99- 3123 CIVIL CIVIL ACTION - LAW 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 (X)3301(c) ( )3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: Upon Defendant's Attorney, Samuel W. Milkes, through Acceptance of Service dated June 7, 1999. 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: April 28, 2000; Defendant: May 1, 2000. (b) (1) Date of execution of the Plaintiffs 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: April 28, 2000. (c) Date Defendant's Waiver of Notice in §3302(c) Divorce was filed with the Prothonotary: May 1, 2000. HiKert X. Gilroy, qu Attorney for Plai iff Broujos & Gilro , PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 C>- C/ } F "" l w ? - Er I Li' CJ .J 4 1 WILLIAM P. GILLET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL DIVISION - LAW DANIELLA L. GILLET, :NO. 99-31X CIVIL 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 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 WILLIAM P. GILLET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL DIVISION - LAW DANIELLA L. GILLET, : NO. 99-j/.23CIVIL Defendant IN DIVORCE COMPLAINT Plaintiff, William P. Gillet, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: Plaintiff, William P. Gillet, is an adult individual residing at 403 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, Daniella L. Gillet, is an adult individual residing at 403 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. 3 The parties were married on May 31, 1993, in Bethesda, Maryland. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania and in Cumberland County 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. 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. 8 Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests your honorable Court to enter a decree divorcing him from the Defendant. BROUJOS 8t GILROY, P.C. BY (,o 6CV NzIA Hubert X. Gilroy, Es Attorney for Plainti 4 North Hanover S? Carlisle, PA 17013 717-243-4574 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. William P. Gillet ?- G) r' ? -' ' . li,. .. . ?''? :: _: _ „. O .? u? ;.i z ?? ?? ?? ?? ? ? ? h ? O `? ° ? ? WILLIAM P. GILLET, Plaintiff v DANIELA L. GILLET, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3123 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 24, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about June 7, 1999. 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. 1 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 atlidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. r Date: I b J o ??? 1,1i`„ William P. Gillet, Plaintiff WILLIAM P. GILLET, Plaintiff v DANIELA L. GILLET, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99- 3123 CIVIL TERM IN DIVORCE DEFENDANT'S 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 May 24, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about June 6, 1999. 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. 1 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: 6-11-x lti , Daniela L. Gillet1Defendant C) y u.i C j =? r CL ?.; i ? U WILLIAM P. GILLET, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 99- 3123 CIVIL DANIELA L. GILLET, CIVIL ACTION -LAW Defendant AFFIDAVIT OF SERVICE 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 Daniela L. Gillet through her attorney Samuel W. Milkes, Esquire. A copy of the Acceptance of Service is attached hereto and marked Exhibit A. A ert . Gilroy, Es Attorney for Plaint' Broujos & Gilro , P.C. 4 North Hano)oft Street Carlisle, PA 17013 717 - 243-4574 Swom and subscribed before me this P day of __ 21100 WIL4 Notary Pub c Notarial Seal Bridget Ann Corcoran, Notary Public Carlisle Born, Cumberland County My Commissi,m Expires June 10, 2002 WILLIAM P. GILLET IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-3123 CIVIL TERM DANIELA L. GILLET, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce Under Section 3301(c) of the Divorce Code on behalf of Defendant, Daniels. L. Gillet, and certify that I am authorized to do so. 9 DATE 4 BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 Fax Attorney No. 30130 EXHIBIT 11 «, ?. W? •• ==•.r ? l i c,?. GJ1 . ?? ' ' ? 7 ' r .`r IIJ `) Q rl U (j • J WILLIAM P. GILLET Plaintiff V. DANIELA L. GILLET, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3123 CIVIL TERM IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel for Defendant, DANIELA L. GILLET, in the above captioned case. D TE BY: Samuel . Mil es, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 Pax Attorney No. 30130 ?; =- - ? ??i _ -- ',° - -'= t?. j c. ? !,`?. v a CJ