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HomeMy WebLinkAbout99-04449 (2) CM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STA.'TE OF PENNA. George A. Gentile, Jr., Plaintiff I No. 1999-4449 Civic Term VERSUS Bonnie Rae Gentile, Defendant DECREE IN DIVORCE AND NOW,--__??? IT IS ORDERED AND DECREED THAT George A. Gentile, Jr. PLAINTIFF, AND Bonnie Rae Gentile ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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 terms of the Agreement dated May 23, 2003, are incorporated, but not merged into this Decrees in Divorce. BY THE COURT: ATTEST: Y ROTHONOTARY 7?/? S? G ? a ?.? «! ?' .,pro ,? k-? T G d -off ? i??? Z,z ? ???, ??? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 -- 4449 (Civil Term) (In Divorce) PRAF,CIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together With the following inforniation, to the Court for entry of a Decree in Divorce: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. SAIDIS SHUFF, FLOWER & LINDSAY ATF1)MY9eAruw 26 W. High Street Carlisle, PA 2. Date and manner of service of the Complaint: Defendant was served via regular U.S. Mail on or about July 24, 1999, thereby signing an Acceptance of Service, which is docketed at the above-captioned terns and number, verifying same. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff executed and filed his Affidavit of Consent on May 19, 2003. As required by Section 3301(c) of the Divorce Code, Defendant executed her Affidavit of Consent on May 23, 2003. Her Affidavit was filed with the Court on May 27, 2003. 4. Related claims pending: None. 5. Plaintiffs Waiver of Notice under Section 3301(c) of the Divorce Code was executed and filed on May 19, 2003. Defendant's Wavier of Notice tinder Section 3301(c) of the Divorce Code was executed on May 23, 2003, and subsequently filed on May 27, 2003. Respectfully Submitted, SAIDIS, SNUFF. FT0Wr:R & Date: j? '2? By: Esquire Attorney I.D: No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff s? X- r SJ ZC Y i? U ? c:.) V IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff CIVIL ACTION - LAW V. BONNIE RAE GENTILE, Defendant No. 1999 - 4449 (Civil Term) (In Divorce) SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this a 33 day of Z2?4 2003, by and between GEORGE A. GENTILE, of Fort Wayne, Allen County, Indiana, party of the first part, hereinafter referred to as "Husband" and BONNIE RAE GENTILE, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," or hereinafter collectively referred to as the "Parties." WITNESSETH: WHEREAS, Husband and Wife were married on May 5, 1979, in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since April 1999; and WHEREAS, Wife is a resident of the Commonwealth of Pennsylvania and has been so for at least the past six (6) months and Husband was a resident of the Commonwealth of Pennsylvania at the time of the filing of the Complaint in Divorce; and WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto which have made them desirous of continuing to live separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their SAIDIS marital rights and obligations, and make an equitable distribution of their marital property; SNUFF, FLOWER and & LINDSAY y$rATMW 26 W. High Street WHEREAS, there was one (1) child born of the marriage Alicia Ashley Gentile, 26 W. H Carlisle, PA born August 15, 1984; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the Parties while they continue to live apart from each other and to settle all financial and property rights between them; and GAG 6? 1 BRGJ - WHEREAS, the Panics hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, should they have one, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration ol'the mutually made and to-be-kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE 1: SEPARATION It shall by lawful t'or Husband and Wife 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 deem fit and free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife as to the lawfulness of the causes leading to them living separate and apart. ARTICLE 11: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the Parties hereto, and each of 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 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 action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor will it prevent either Party from defending any such action which has been, may, or shall be instituted by the other Party, or SAIDIS for making anyjust or proper defense thereto. It is warranted, covenanted, and represented SHUM FLOWER by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and T LINDSAY ATIOgNEYS• this warranty, covenant, and representation is made for the specific purpose of inducing 26 W. High Street Husband and Wife to execute this Agreement. Husband and Wife each knowingly and with Carlisle, PA fill understanding, hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable, in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are, and ever shall be, estoppel ft-om asserting any illegality or unenforceability as to all, or any part, of this Agreement. GAG L?>? 2 BRG62j- 11) It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the Parties are accepted by each party as a final settlement, or for all purposes whatsoever. Should either of the Parties obtain a decree, judgmcnt, or order of separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agreement hereby consents and agrees that this Agreement, and all its covenants, shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof, shall alter, amend, or vary any term of this Agreement, whether or not either or both of the Parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if, or whenever sought by any of the Parties hereto. It is understood by the Parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 1999-4449 Civil Terns. Such incorporation, however, shall not be regarded as a merger, it being the intent of the Parties to permit the Agreement to survive any such agreements. ARTICLE Ill: E UITA13LE DISTRIBUTION OF MARITAL PROPERTY 3.1 The Parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the manage; the prior marriages of the Parties (if any); the age, health, station, amount and sources of income, vocational skills, employability, estate liabilities, and need for each of the Parties; the contribution of one Party to the education, training, or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each Party in the SAIDIS acquisition, preservation, depreciation, or appreciation of marital property, including the SHUFF, FLOWER contribution of a Party as a homemaker; the value of the seta art to each Party; & LINDSAY property p' ATMRNE%•ATMW standard of living of the Parties established during their marriage. 26 W. High Street Carlisle, PA 3.2 The Parties shall retain sole and exclusive right, title, and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wile's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any documents to convey title to any such personal property in the other Party's possession, they shall do so GAG G? 3 BRG within thirty (30) days of the execution of this Agreement, or within thirty (30) days of a request to do so from the opposing Party. I. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have to any and all of the Parties joint checking and/or savings account(s), and Wife shall, within thirty (30) days of execution of said Agreement, sign any documents needed, or required, to effectuate such transfer. 2. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have in connection with any and all of the Parties joint credit card(s), and any credit card(s) on which she is an authorized user and Wife shall, within thirty (30) days of execution of said Agreement, sign any documents needed, or required, to effectuate such transfer. 3. Wife acknowledges that she received the majority of all marital property which was located in the marital home. As such, Wife acknowledges that receipt of these items of personal property is a fair and equitable amount for her interest in the items referenced in this Section 3.2, and that said amount was negotiated after Wife had an opportunity to review this Agreement and seek independent counsel. 4. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have in connection with Husband's military life insurance policy. Said policy is term life insurance, with no cash surrender value. 3.3 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan, or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan, or related matters. 1. Husband acknowledges that he may or may not be entitled to a military pension. As such, Husband further acknowledges that if he is entitled to, or becomes entitled to a military pension, that Wife would be entitled to one half of the value of the pension during the years the Parties were married (to be determined by a coverture SAIDIS fraction). Additionally, in the event that Husband would be eligible to receive a military SHUFFF, FLOWER pension, the Parties agree to execute any documents necessary to effectuate Wife receiving LINDSAY her proportionate share of same. 26 W. High Street Cadisle, PA I 3.4 Except as provided herein, Husband and Wife agree to waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other Party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. GAG ?? 4 BRG ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release, and give up any and all rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 4.3 Husband and Wife specifically waive, release, and give tip any rights for alimony to which they may be entitled pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. 4.4 Wife recognizes that Husband has overpaid her in his child support payments, by approximately Two Thousand ($2,000.00) Dollars. Contemporaneously with the signing of this agreement, Husband waives any rights or interest lie may have in that overpayment. Specifically, Husband agrees to relinquish any rights he may have to pursue collection of this overpayment from Wife or from Domestic Relations. ARTICLE V: DEBTS OF THE PARTIES 5.1 SAIDIS SHUFF, FLOWER & LINDSAY ATMRNEYS•ATaA W 16 W. High Sireel Carlisle, PA Each Party represents to the other that except as otherwise specifically set tbrth herein, there are no major outstanding obligations of the Parties; that since the separation, neither Party has contracted for any debts for which the other will be responsible; and each Party indemnifies and holds harmless, the other for all obligations separately incurred or assumed under this Agreement. In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife, which were incurred prior to the signing of this Agreement. GAG(!?Ai0 BRG 5.2 Each Party relinquishes any right, title, and interest he or she may have to any and all motor vehicles currently in the possession of the other Party. The Parties each have a vehicle titled solely in their name. It is the intention of the Parties that Husband will maintain and be responsible for payment of the monthly automobile insurance premium on the 1992 Toyota Camry and Wife will maintain and be responsible for payment of the monthly insurance premium on the 1993 Geo Metro. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have had the opportunity to retain independent legal counsel. Lindsay Gingrich Maclay, Esquire of Saidis, Shuff, Flower & Lindsay, represents Husband and Robert J. Mulderig, Esquire of Turo Law Offices represents Wife. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, or the parties have voluntarily waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice, and with such knowledge that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any legal right, title, and interest, or claims in, or against the property of the other, or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter, may have, against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the SAIDIS right to treat a lifetime conveyance by the other as testamentary, or all other rights of a SHUFF, FLOWER surviving spouse to participate in a deceased spouse's estate, whether arising under the laws & LINDSAY ATTORNEYS of (a) Pennsylvania; (b) any state, commonwealth, or territory of the United States; or (c) 26 W. High Street any other country, or any rights which either Party may have or at any time hereafter, have, Carlisle, PA for past, present, or future support or maintenance, alimony, alimony pendente lite, source 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 obligation thereunder. It is the intention of 1-lusband and Wife to give to each other by execution of GAG y? 6 BRG / J this Agreement, a full, complete, and general release with respect to any and all propert y of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except, and only except, all rights, agreements, and obligations of whatsoever nature arising from, or which may arise under this Agreement, or for the breach of any thereof. 6.3 Each Party represents that since separation, they have not heretofore incurred or contracted for any debt, liability, or obligation for which the estate of the other Party may by responsible or liable, except as may be provided for in this Agreement. Each Party agrees to indemnify and hold the other Party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent, and agree that each will now, and all times herealler, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties hereto, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same, or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 SAIDIS SHUFF, FLOWER & LINDSAY ArroaHevs.nnuw 26 W. High Street Carlisle, PA This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.7 This Agreement constitutes the entire understanding of the Parties hereto and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid, in law or otherwise, then only that terns, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in litll force, eficct, and operation. GAG 7 BRG Lj Likewise, the failure of any Party to meet his or her obligation under any one or more of the Articles and Sections herein, shall in no way void or alter the remaining obligations of the Parties. 6.9 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of marital property for inadequate consideration, without the prior consent of the other Party. Each Party further warrants, represents, and declares that each is, and has been, fully and completely informed of, is familiar with, and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other Party, and that each has made a full and complete disclosure to the other of the extent of his or her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by, or on behalf of, either or both Parties during marriage. Husband and Wife hereby mutually agree to file separately all Income Tax Returns for the 2003 tax year and all following years. 6.10 In the event that either Party to this Agreement shall breach any tern, covenant, or other obligation herein, the non-breaching Party shall be entitled to, in addition to all other remedies available at law or in equity, recover from the breaching Party all costs of which the non-breaching Party may incur, including, but not limited to, tiling fees and attorney's fees in any action or proceeding to enforce the terms of this Agreement. 6.11 SAIDIS SHUFF, BLOWER This Agreement shall survive any action for divorce and Decree of Divorce, and & LINDSAY ArrORNEYSeAT•LAW shall forever be binding and conclusive on the Parties; and any independent action may be 26 W. High Street brought, either at law, or in equity, to enforce the terms of this Agreement by either Carlisle, PA Husband or Wife until said ternms shall have been filly satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the Parties hereto, and the covenants and agreements of each of the Parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the Panics hereto, and the Parties intend to be legally bound hereby. GAG /lam 8 BRGAL 6.12 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT•IAW 26 W. High Street Carlisle, PA Simultaneously with the execution of this Agreement, the Parties hereto agree to execute the necessary Affidavits and Waivers, thereby enabling the Parties to proceed with the finalization of the Divorce Action. It is agreed that the Parties will execute and file the consents necessary to obtain the divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the Party who is seeking the divorce. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first written, above. WITNESSED BY: / is Geo e A. Gel ' e, r. omiie Rae Gentile GAG G? 9 BRG h IAJ r'1 C? ) f w• N i? W U CO 'J ?.J lJ GEORGE A. GENTILE, JR., Plaintiff VS. BONNIE RAE GENTILE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW NO.99Yyy CIVIL TERM ` U , (:, TI- C rp IN DIVORCE - ? J NOTICE ' - C7 r rJ You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Cumberland County Courthouse Hanover and High Streets First Floor Carlisle, Pennsylvania 17013 (717) 240-6195 IF YOU DO NOT FILE A CLIAM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717)249-3166 1. GEORGE A. GENTILE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL DIVISION-LAW BONNIE RAE GENTILE NO.99-_yyy CIVIL TERM Defendant. IN DIVORCE COMPLAINT Plaintiff George A. Gentile, Jr., by his attorney, Broujos & Gilroy, P.C., sets forth the following: 1. Plaintiff is George A. Gentile Jr., an adult individual who currently resides at 113 Walton Avenue, Carlisle, PA 17013. 2. Defendant is Bonnie Rae Gentile, an adult individual who currently resides 110 Virginia Avenue, Carlisle, PA 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The parties were married on May 5, 1979, in Harrisburg, Dauphin County, Pennsylvania. 5. In accordance with Section 3301(c) of the Divorce, the marriage between the parties is irretrievably broken. 6. There have been no prior actions for divorce or annulment between the parties in this or any other jurisdiction. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request 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. 1. July 22, 1999 Atto'rdey for Plaintiff Supreme Court I.D. No. 06268 BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717)243-4574 or(717)766-1690 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. G rge A. Gentil , r. GEORGE A. GENTILE, JR., Plaintiff vs. BONNIE RAE GENTILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4449 CIVIL ACTION - LAW INDIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(.) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 23, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. i Date: 72f Signature: .- /George A ntile, Jr. " /?/4? ?? ??? ?.: i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 - 4449 (Civil Tenn) (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND i A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relatin authorities > unsworn fa ' (cation to . Date: /?J o GE GE A. GENT E, JR., Plain ff Swo i to and ib cribed before me this SAIDIS day of 2003. SHUFF, FLOWER & LINDSAY Aft RNEVS•AT•LAW 16 W. High Street Notary ublic Carlisle, PA NOTARIAL SEAL RENEE L. MURRAY. Notary :L"{c car. .. Doro, Cumberland .. ., FA ?. ZUCS S My Commission Expires Decembor i ??? s? -_ - <<> . ?? _ - ??? - -, ??:, -= :, GEORGE A. GENTILE, JR., Plaintiff vs. BONNIE RAE GENTILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4449 CIVIL ACTION-LAW INDIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees, or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: Signature: - ?< George A Gentil ; Jr. ?,? ?, ?:. - - -, ?- ?? - - . ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, .IR., Plaintiff V. BONNIE RAE GENTILE, Dcfcndant CIVIL ACTION - LAW No. 1999 - 4449 (Civil Term) (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER 63401(c)OFTHE DIVORCE CODE SAIDIS SHUFF, FLOWER & LINDSAY Arrtrarress•Ar•uw 26 W. High Street Carlisle, PA I . I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if l do not claim them before a Divorce is granted, 3. 1 understand that 1 will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. 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: O?? GE A. GENT E, J ., Plaint IT S3 ?,, ,, ?. ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 - 4449 (Civil Term) (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 1999. SAIDIS SHUFF, FLOWER & LINDSAY ATTURK -AT•uw 26 W. High Street Carlisle, PA 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unswonm falsification to authorities. Date: 0.3 /RYirc c ?? BONNIE RAE GENTILE, Defendant Sworn to and subscribed before me this J'edayof IN 2003. =Nol?aft l t Public eCounty ov. 13, 2004 S ? = U - T F i ( 'fi _ N ..?17 ELL- u- .,- ?- . ii L u c> o 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 4449 (Civil Ternu) (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A_D_IVORCE DECREE; UNDER U301(c) OF THE DIVORCE CODE SAIDIS SHUFF, FLOWER & LINDSAY Arroatays.AT•tAW 26 W. High Street Carlisle, PA I. I consent to the entry of a final Decree ol'Divorce without notice. 2. t understand that I may lose rights concerning alimony, division of property, lawyer's tees or expenses if I do not claim them before it Divorce is granted. 3. t understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 51,?3 03 /? , ,C1?nz` BONNIE RAE GENTILE, Defendant S? 8 r• E 1? c y w e L y-,.* 3= ..) .^ « ? 1J }n 11.J fL l:i 1? . (1 o U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCEPTANCE OF SERVICE I accepted service of the Complaint in Divorce on or about July 24, 1999, in the GEORGE A. GENTILE, JR., Plaintiff CIVIL ACTION - LAW V. No. 1999 -- 4449 (Civil Term) BONNIE RAE GENTILE, Defendant (In Divorce) above-referenced matter. I received a copy of the Complaint in Divorce via United States Mail addressed to me at 110 Virginia Avenue, Carlisle, Pennsylvania 17013. G /BONNIE RAE AGENTILE, Defendant SAIDIS SHUFF, FLOWER & LINDSAY AW MNEYS.Ar•uW 26 W. High Street Carlisle, PA UJC N `) ? ~ cn ? id. N I r`y T CJ"' t Cl. p U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 - 4449 (Civil Tenn) (In Divorce) ENTRY OF APPEARANCE. TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, George A. Gentile, Jr., in the above-captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY ArrOMYS•AT-uW Date: By: Ciildsay Gin?ij(ch MAlay, Esquire Attorney I.D. o. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717)243-6222 Attorneys for PlaintiIT 26 W. High Street Carlisle, PA -in 5? w?? N Cl- UJ N l it GEORGE A. GENTILE, JR., Plaintiff, VS. BONNIE RAE GENTILE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99- YY1549 -CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE 1, John H. Broujos, Esquire, hereby certify that a true and correct copy of the foregoing Complaint in Divorce has been upon the Defendant Bonnie Rae Gentile by Certified, Restricted, United States Mail, First Class, Postage Prepaid, on July 22, 1999, to: Bonnie Rae Gentile 110 Virginia Avenue JOHN. BROUJOS?QUIF ATTO NEY FOR PLAINTIFF BROUJOS & GILROY P.C. 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717/243-4574 FAX #717/243-8227 Return Receipt attached SENDER: • complete items 1 and/or 2 for additional services. in • Complete Items 3, 4a. and 41b. d • Print your name and address on the reverse of This form so that we can return this @ card to y. • Attach thious form to the front of the mallplace, or on the back if space does nor 2 papnit. d e write •Relum Rece/p1 Requested- the article was the nd . L • The Return Receipt will show show to whom the anml was delivered d and the date he darn delivered. 0 3. Article Addfessetl to: a, E Bonnie Rae Gentile oe 110 Virginia Avenue Carlisle, PA 17013 5. ceived By: (Print Name 6. Sign ,rery:?(Adddressee Agent) ° u /rr/LC,L T m PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1.?Addressee's Address 2. EYy Z Restdded Delivery Consult postmaster for fee. 4a. Article Number 2452 469 131 4b. Service Type ? Registered ? Express Mail ? Return Receipt for erchanc 7. Date of Del ery 9 8. Addresse s Ad ress (O and lee is paid) 10259598EO229 DomesticR E E& Certified ? Insured ? COD 0 requested x m IE 'I?i' G j.2 ,." -.,?3 ._ _?? .:? ?] L J ,;7C L; a- :' J (? `r: GEORGE A. GENTILE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION - LAW BONNIE RAE GENTILE, : NO. 99-4449 CIVIL TERM Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER George A. Gentile, Jr., Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the claim(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by her attorney, Thomas S. Diehl, Esquire. (3) The statutory ground for divorce is section 3301(c) of the Divorce Code - irretrievably broken. (4) The action is contested with respect to the fo wing rl? isly. (5) The action involves no complex issues of la (6) The hearing is expected to take two days. Broujos, Attorney for ORDER APPOINTING MASTER AND NOW ( / , 2001, £ /2 lz r? e (?i? Master with respect to the following claims: Esquire, is appointed By the Court- cc: John H. Broujos, Esquire J. Thomas S. Diehl, Esquire CI V", I'? i.i: 9:,Ia Cuv-_-i.?_ ,_Ui,:Iy , 7.)? - A-Z ' t i . •hl o U GEORGE A. GENTILE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 4449 CIVIL BONNIE RAE GENTILE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this oc ??a day of 2002, no request having been made by counsel for a hearing on grounds for divorce and no economic claims having been raised in the proceedings, the appointment of the Master is vacated. BY THE COURT, G or E f r, .J. CC: John H. Broujos Attorney for Plaintiff ?? nw.?.¢<-d L .2 Y. o L Bonnie Rae Gentile Defendant L? -tir „_ . . ?, ,'„> I-??: iri?'1V???,?,?, t i ?; ., ti GEORGE A. GENTILE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4449 CIVIL BONNIE RAE GENTILE, Defendant IN DIVORCE TO: John H. Broujos Attorney for Plaintiff Bonnie Rae Gentile Defendant DATE: Wednesday, November 28, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. CC: Thomas S. Diehl, Esquire (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: Thomas S. Diehl, Esquire GEORGE A. GENTILE, JR., Plaintiff Vs. BONNIE RAE GENTILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4449 CIVIL IN DIVORCE TO: John H. Broujos Attorney for Plaintiff Bonnie Rae Gentile Defendant DATE: Wednesday, November 28, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. GEORGE A. GENTILE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 4449 CIVIL BONNIE RAE GENTILE, Defendant IN DIVORCE TO: John H. Broujos Attorney for Plaintiff Bonnie Rae Gentile Defendant DATE: Wednesday, November 28, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: Thomas S. Diehl, Esquire GEORGE A. GENTILE, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIC, ACTION - LAW VS. NO. 99-4449 Civil, 19 BONNIE RAE GENTILE IN DIVORCE Defendant STATUS SHEET DATE: I ^ ACTIVITIES: 16) 1 015 11:4? - ?-1 O tic ah ML GEORGE A. GENTILE, JR., Plaintiff VS. BONNIE RAE GENTILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4449 CIVIL IN DIVORCE TO: John H. Broujos Attorney for Plaintiff Bonnie Rae Gentile Defendant DATE: Wednesday, November 28, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. CC: Thomas S. Diehl, Esquire GEORGE A. GENTILE, JR., Plaintiff VS. BONNIE RAE GENTILE, Defendant. BROUJOS & GILROY, P. c. 7 - ATTORNEYS AT LAW a-6-1.r y ` 4 NORTH HANOVER STREET O CARLISLE, PENNSYLVANIA 17013 717-243-4574 766-1690 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW NO. 997'/!y CIVIL TER M n • mr? IN DIVORCE mar= NOTICE - cn You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Cumberland County Courthouse Hanover and High Streets First Floor Carlisle, Pennsylvania 17013 (717) 240-6195 IF YOU DO NOT FILE A CLIAM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GEORGE A. GENTILE, JR., Plaintiff, VS. BONNIE RAE GENTILE Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO.99-yyyp CIVIL TERM IN DIVORCE COMPLAINT Plaintiff George A. Gentile, Jr., by his attorney, Broujos & Gilroy, P.C., sets forth the following: Plaintiff is George A. Gentile Jr., an adult individual who currently resides at 113 Walton Avenue, Carlisle, PA 17013. 2. Defendant is Bonnie Rae Gentile, an adult individual who currently resides 110 Virginia Avenue, Carlisle, PA 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The parties were married on May 5, 1979, in Harrisburg, Dauphin County, Pennsylvania. 5. In accordance with Section 3301(c) of the Divorce, the marriage between the parties is irretrievably broken. 6. There have been no prior actions for divorce or annulment between the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request 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. July 22, 1999 Attorr-fey for Plaintiff Supreme Court I.D. No. 06268 BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717)243-4574 or(717)766-1690 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. G rge A. Gentil , r. GEORGE A. GENTILE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION - LAW BONNIE RAE GENTILE, : NO.99-?? CIVIL TERM Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, John H. Broujos, Esquire, hereby certify that a true and correct copy of the foregoing Complaint in Divorce has been upon the Defendant Bonnie Rae Gentile by Certified, Restricted, United States Mail, First Class, Postage Prepaid, on July 22, 1999, to: Bonnie Rae Gentile 110 Virginia Avenue JOHN 1. BROUJOSK?t§QUIP ATTOJ(NEY FOR PLAINTIFF BROUJOS & GILROY P.C. 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717/243-4574 FAX #717/243-8227 II Return Receipt attached I a SENDER: 0 20 • Complete items 1 and/or for additional services. I also wish to receive the a 0 d 8, and • Complete items 3, 48, and 4b. • Para your name and address an the reverse of this form o that we can return this following g services (}Of an extra fee): j card to u yo. . Attach this form to the front of the mallplece or on the back if space does not 1 ? Addressee's Add ? V d , pem It • write aRefum Receipt Requestaeon the mallpiece below the article number. • The R t R . ress xy 2. Lf Restficted Delivery Z e urn eceipt will show to whom the article was de livered and the date delivered. Consult postmaster for fee. S 0 3. Article Addressed to: 4a. Article Number A' 2452 469 131 ¢& E Bonnie Rae Gentile 4b. Service Type ? Registered CRCertified 110 Virginia Avenue ? Express Mail ? Insured ? Return Receipt for erchandise ? COD Carlisle, PA 17013 7. Date of Del ery g V o 5. eivad By (Print Name, 6. Addresse s Ad r ess (Only if requested m and fee is paid) a 6. Sign re: (Addressee Agent) o ? T `-" P Form 3811, December 1994 102595-98-J?•A229 Domestic Return Recainf O ?? ? "' ? ;,{_ z, 2 '? ' y ? , -? ??' ?v R ?t7 ?? ??. ?`? lfl ?,..-1 p ? I GEORGE A GENTILE, JR., Plaintiff vs. BONNIE RAE GENTILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4449 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SEC'T'ION 33010) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 23, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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 unworn falsification to authorities. Date: Signature: George A ntile, Jr. `7; rr GEORGE A GENTILE, JR., Plaintiff vs. BONNIE RAE GENTILE, Defendant : IN TBE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4449 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: Signature: -George A. Gentil , Jr. I ly; : J _ f:Y. N-1 t. D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 - 4449 (Civil Term) (In Divorce) AFFIDAVIT OF CONSENT SAIDIS SHUFF, FLOWER & LINDSAY ATMRMYS•AT•LAW 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA ) : COUNTY OF CUMBERLAND SS. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relatin unworn fa ' Ication to authorities. Date: GE GE A. GENT E, JR., Plain ff Sworn to and b cribed before me this day of .. A/ , 2003. Notary NOTARIAL SEAL FRENEE L. MURRAY, Notary Public li> c Boro, Cumberland L; ., PA mission Expires December 13,_ 20005 C ? ?- '?l "_' C' ., :i t'r:; __, - -' --- ? L ; c ? ? - - y' < _ :? :-s1 -T7 .. C Y? - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff CIVIL ACTION - LAW V. No. 1999 - 4449 (Civil Term) BONNIE RAE GENTILE, : Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE SAIDIS SHUFF, FLOWER & LINDSAY An'ORMYS•AT•LAW 26 W. High Street Carlisle, PA 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim therm before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. 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: GE A. GENT E, J ., Plait ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 - 4449 (Civil Term) (In Divorce) SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this . 33 day of /"/; K _, 2003, by and between GEORGE A. GENTILE, of Fort Wayne, Allen County, Indiana, party of the first part, hereinafter referred to as "Husband" and BONNIE RAE GENTILE, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," or hereinafter collectively referred to as the "Parties." WITNESSETH: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREAS, Husband and Wife were married on May 5, 1979, in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since April 1999; and WHEREAS, Wife is a resident of the Commonwealth of Pennsylvania and has been so for at least the past six (6) months and Husband was a resident of the Commonwealth of Pennsylvania at the time of the filing of the Complaint in Divorce; and WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto which have made them desirous of continuing to live separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, there was one (1) child born of the marriage, Alicia Ashley Gentile, born August 15, 1984; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the Parties while they continue to live apart from each other and to settle all financial and property rights between them; and GAG 6A6 1 BRG WHEREAS, the Parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, should they have one, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration of the mutually made and to-be-kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall by lawful for Husband and Wife 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 deem fit and free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife as to the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the Parties hereto, and each of 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 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 action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor will it prevent either Party from defending any such action which has been, may, or shall be instituted by the other Party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and with full understanding, hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable, in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are, and ever shall be, estopped from asserting any illegality or unenforceability as to all, or any part, of this Agreement. n GAG `?? 2 BRG 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the Parties are accepted by each party as a final settlement, or for all purposes whatsoever. Should either of the Parties obtain a decree, judgment, or order of separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agreement hereby consents and agrees that this Agreement, and all its covenants, shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof, shall alter, amend, or vary any term of this Agreement, whether or not either or both of the Parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if, or whenever sought by any of the Parties hereto. It is understood by the Parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 1999-4449 Civil Term. Such incorporation, however, shall not be regarded as a merger, it being the intent of the Parties to permit the Agreement to survive any such agreements. ARTICLE III: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 SAIDIS SHUFF, FLOWER & LINDSAY ATTOR[VBYS•AT•LAW 26 W. High Street Carlisle, PA The Parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the Parties (if any); the age, health, station, amount and sources of income, vocational skills, employability, estate liabilities, and need for each of the Parties; the contribution of one Party to the education, training, or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each Party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a Party as a homemaker; the value of the property set apart to each Party; the standard of living of the Parties established during their marriage. 3.2 The Parties shall retain sole and exclusive right, title, and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any documents to convey title to any such personal property in the other Party's possession, they shall do so GAG 64 3 BRG within thirty (30) days of the execution of this Agreement, or within thirty (30) days of a request to do so from the opposing Party. 1. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have to any and all of the Parties joint checking and/or savings account(s), and Wife shall, within thirty (30) days of execution of said Agreement, sign any documents needed, or required, to effectuate such transfer. 2. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have in connection with any and all of the Parties joint credit card(s), and any credit card(s) on which she is an authorized user and Wife shall, within thirty (30) days of execution of said Agreement, sign any documents needed, or required, to effectuate such transfer. 3. Wife acknowledges that she received the majority of all marital property which was located in the marital home. As such, Wife acknowledges that receipt of these items of personal property is a fair and equitable amount for her interest in the items referenced in this Section 3.2, and that said amount was negotiated after Wife had an opportunity to review this Agreement and seek independent counsel. 4. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have in connection with Husband's military life insurance policy. Said policy is term life insurance, with no cash surrender value. 3.3 SAIDIS SHUFF, FLOWER & LINDSAY M luftmr r.I-Al-L w 26 W. High Street Carlisle, PA Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan, or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan, or related matters. 1. Husband acknowledges that he may or may not be entitled to a military pension. As such, Husband further acknowledges that if he is entitled to, or becomes entitled to a military pension, that Wife would be entitled to one half of the value of the pension during the years the Parties were married (to be determined by a coverture fraction). Additionally, in the event that Husband would be eligible to receive a military pension, the Parties agree to execute any documents necessary to effectuate Wife receiving her proportionate share of same. 3.4 Except as provided herein, Husband and Wife agree to waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other Party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. GAG tl?AK 4 BRG_ ARTICLE N: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release, and give up any and all rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 4.3 Husband and Wife specifically waive, release, and give up any rights for alimony to which they may be entitled pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. 4.4 Wife recognizes that Husband has overpaid her in his child support payments, by approximately Two Thousand ($2,000.00) Dollars. Contemporaneously with the signing of this agreement, Husband waives any rights or interest he may have in that overpayment. Specifically, Husband agrees to relinquish any rights he may have to pursue collection of this overpayment from Wife or from Domestic Relations. ARTICLE V: DEBTS OF THE PARTIES 5.1 SAIDIS SHUFF, FLOWER & LINDSAY ATMRMYS•AT•IAW 26 W. High Street Carlisle, PA Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties; that since the separation, neither Party has contracted for any debts for which the other will be responsible; and each Party indemnifies and holds harmless, the other for all obligations separately incurred or assumed under this Agreement. In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife, which were incurred prior to the signing of this Agreement. GAG 65;? 5 BRG 5.2 Each Party relinquishes any right, title, and interest he or she may have to any and all motor vehicles currently in the possession of the other Party. The Parties each have a vehicle titled solely in their name. It is the intention of the Parties that Husband will maintain and be responsible for payment of the monthly automobile insurance premium on the 1992 Toyota Camry and Wife will maintain and be responsible for payment of the monthly insurance premium on the 1993 Geo Metro. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have had the opportunity to retain independent legal counsel. Lindsay Gingrich Maclay, Esquire of Saidis, Shuff, Flower & Lindsay, represents Husband and Robert J. Mulderig, Esquire of Turo Law Offices represents Wife. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, or the parties have voluntarily waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice, and with such knowledge that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 SAIDIS SHUFF, FLOWER & LINDSAY Mi lumnla-nl-L W 26 W. High Street Carlisle, PA Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any legal right, title, and interest, or claims in, or against the property of the other, or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter, may have, against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania; (b) any state, commonwealth, or territory of the United States; or (c) any other country, or any rights which either Party may have or at any time hereafter, have, for past, present, or future support or maintenance, alimony, alimony pendente lite, source 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 obligation thereunder. It is the intention of Husband and Wife to give to each other by execution of GAG ? 6 BRG this Agreement, a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except, and only except, all rights, agreements, and obligations of whatsoever nature arising from, or which may arise under this Agreement, or for the breach of any thereof. 6.3 Each Party represents that since separation, they have not heretofore incurred or contracted for any debt, liability, or obligation for which the estate of the other Party may by responsible or liable, except as may be provided for in this Agreement. Each Party agrees to indemnify and hold the other Party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent, and agree that each will now, and all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties hereto, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same, or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.7 This Agreement constitutes the entire understanding of the Parties hereto and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, 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. GAG ??? 7 BRG Likewise, the failure of any Party to meet his or her obligation under any one or more of the Articles and Sections herein, shall in no way void or alter the remaining obligations of the Parties. 6.9 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of marital property for inadequate consideration, without the prior consent of the other Party. Each Party further warrants, represents, and declares that each is, and has been, fully and completely informed of, is familiar with, and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other Party, and that each has made a full and complete disclosure to the other of the extent of his or her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by, or on behalf of, either or both Parties during marriage. Husband and Wife hereby mutually agree to file separately all Income Tax Returns for the 2003 tax year and all following years. 6.10 SAIDIS SHUFF, FLOWER & LINDSAY AMPMYS•AT•IAW 26 W. High Street Carlisle, PA In the event that either Party to this Agreement shall breach any term, covenant, or other obligation herein, the non-breaching Party shall be entitled to, in addition to all other remedies available at law or in equity, recover from the breaching Party all costs of which the non-breaching Party may incur, including, but not limited to, filing fees and attorney's fees in any action or proceeding to enforce the terms of this Agreement. 6.11 This Agreement shall survive any action for divorce and Decree of Divorce, and shall forever be binding and conclusive on the Parties; and any independent action may be brought, either at law, or in equity, to enforce the terms of this Agreement by either Husband or Wife until said terms shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the Parties hereto, and the covenants and agreements of each of the Parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the Parties hereto, and the Parties intend to be legally bound hereby. GAG 8 BRG/ZSt 6.12 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Simultaneously with the execution of this Agreement, the Parties hereto agree to execute the necessary Affidavits and Waivers, thereby enabling the Parties to proceed with the finalization of the Divorce Action. It is agreed that the Parties will execute and file the consents necessary to obtain the divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the Party who is seeking the divorce. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first written, above. WITNESSED BY: IN. intiee Rae Gentile 9 BRG ???? GAG (%?=? n (NO ) y ` y ift l? S J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCEPTANCE OF SERVICE I accepted service of the Complaint in Divorce on or about July 24, 1999, in the GEORGE A. GENTILE, JR., Plaintiff CIVIL ACTION - LAW V. No. 1999 - 4449 (Civil Term) BONNIE RAE GENTILE, Defendant (In Divorce) above-referenced matter. I received a copy of the Complaint in Divorce via United States Mail addressed to me at 110 Virginia Avenue, Carlisle, Pennsylvania 17013. ONNIE RAE GENTILE, Defendant SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AM AW 26 W. High Street Carlisle, PA pn ? C ? ?rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff CIVIL ACTION - LAW V. No. 1999 - 4449 (Civil Term) BONNIE RAE GENTILE, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE SAIDIS SHUFF, FLOWER & LINDSAY AWORMYS•AT•LAW 26 W. High Street Carlisle, PA 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. 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: 5Z4?3 10.3 1&4l6 .c- -; tr BONNIE. RAE GENTILE, Defendant ? a - w -n t? C 'fn d ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff CIVIL ACTION - LAW V. No. 1999 - 4449 (Civil Term) BONNIE RAE GENTILE, Defendant : (In Divorce) AFFIDAVIT OF CONSENT SAIDIS SHUFF, FLOWER & LINDSAY ATMRMYS•AT•LAW 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Date: Jed D? L? BONNIE RAE GENTILE, Defendant S;P"Idayof to and subscribed before me this NIJI/ 2003. Notarial Seal Robert J. Mulderig, Notary Public Carlisle Boro, Cumberland County My Commission Expires Nov 13, 2004 C wC) Z ?C?. tV `vfr7 , F n rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., : Plaintiff CIVIL ACTION - LAW V. No. 1999 - 4449 (Civil Term) BONNIE RAE GENTILE, ; Defendant (In Divorce) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, George A. Gentile, Jr., in the above -captioned case. SAIDIS, SNUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY AT7Y11tNEY3•AT0 W 26 W. High Street Carlisle, PA Date: W.14p? By( t dsay Gin ch M Jay, Esquire Attorney I.D. o. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff c ZCC _? Tt . ,r ' ? 2D ?' ' t v, ~ym IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE A. GENTILE, JR., Plaintiff V. BONNIE RAE GENTILE, Defendant CIVIL ACTION - LAW No. 1999 - 4449 (Civil Term) (In Divorce) PRAECIPE TO TRANSMIT RECORD SAIDIS SHUFF, FLOWER & LINDSAY ATr01tNEYS•AT•LAW 26 W. High Street Carlisle, PA TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served via regular U.S. Mail on or about July 24, 1999, thereby signing an Acceptance of Service, which is docketed at the above-captioned term and number, verifying same. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff executed and filed his Affidavit of Consent on May 19, 2003. As required by Section 3301(c) of the Divorce Code, Defendant executed her Affidavit of Consent on May 23, 2003. Her Affidavit was filed with the Court on May 27, 2003. 4. Related claims pending: None. 5. Plaintiff=s Waiver of Notice under Section 3301(c) of the Divorce Code was executed and filed on May 19, 2003. Defendant's Wavier of Notice under Section 3301(c) of the Divorce Code was executed on May 23, 2003, and subsequently filed on May 27, 2003. Respectfully Submitted, Date: _a By: SAIDIS, SHUFF, FLOWER & Lviasay U ch Mfaclay, Esquire Attorney I. . No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff ar cn n IN THE COURT OF COMMON PLEAS George A. Gentile, Jr., Plaintiff OF CUMBERLAND COUNTY STATE OF j " PENNA. N O. 1999-4449 Civil Term VERSUS Bonnie Rae Gentile Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT George A. Gentile, Jr. AND Bonnie Rae Gentile 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; None. The terms of the Agreement dated May 23, 2003, are incorporated, but not merged into this Decreee in Divorce. BY THU?"COURT: ATTEST: J ROTHONOTARY j?r??? ? ?. ?Y ? ?•