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HomeMy WebLinkAbout99-07115 (2)Y IN THE COURT OF C6MMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WILLIAM H. GILMORE, JR., ,, Plaintiff VERSUS LOIS JEAN GILMORE, Defendant NO. 1999-7115 DECREE IN DIVORCE AND NOW,(/r7 4an -2-2? , 2001 , IT IS ORDERED AND DECREED THAT WILLIAM H. GILMORE, in. ,PLAINTIFF, LOIS JEAN GILMORE AND _ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None, however, Pro: Settlement A t dated July 23, 2001 is hereby incorporated l / BY THE COU 3ut not merged. , ATTEST: J. PROTHONOTARY Y t; t ,4, PROPERTY SETTLEMENT AGREEMENT BETWEEN LOIS JEAN GILMORE AND WILLIAM H. GILMORE, JR. F i INDEX OF PROPERTY SETTLEMENT AGREEMENT BETWEEN LOIS JEAN GILMORE AND WILLIAM H. GILMORE, JR. SUBJECT PAGE NUMBER 1. Separation . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Interference . . . _ .. . . . . . . . . . . . . . . . . . . 3 3. Agreement Not A Bar to Divorce Proceedings . . . . . . . . . . . . . . . . . . . 3 4. Subsequent Divorce . . ... . . . . . . . . . . . . . . . . 3 5. Incorporation in Divorce Decree . . . . . . . . . . . . . 5 6. Effective Date . . . . . . . . . . . . . . . . . . . . . . 5 7. Distribution Date . . . . . . . . . . . . . . . . . . . . 5 8. Mutual Release . . . . . . . . . . . . . . . . . . . . . . 6 9. Advice of Counsel . . . . . . . . . . . . . . . . . . . . 8 10. Warranty as to Existing Obligations . . . . . . . . . . . 8 11. Warrant as to Future Obligations . . . . . . . . . . . . . 8 12. Pre-Nuptial Agreement . . . . . . . . . . . . . . . . . . 9 13. Debt of the Parties . . . . . . . . . . . . . . . . . . . 9 14. Personal Property . . . . . . . . . . . . . . . . . . . 10 15. Division of Real Property . . . . . . . . . . . . . . . 11 16. Bank Accounts . . . . . . . . . . . . . . . . . . . 13 17. Husband's Retirement Benefits . . . . . . . . . . . . .. 13 18. Wife's Retirement Benefits . . . . . . . . . . . . 14 19. Motor Vehicles . . . . . . . . . . . . . . . . . . . . . 16 20. Miscellaneous Assets . . . . . . . . . . . . . . . . . . 17 21. After-Acquired Property . . . . . . . . . . . . . . . . 17 22. Alimony . . . . . . . . . . . . . . . . . . . . . . . . 17 23. Payment to Wife . . . . . . . . . . . . . . . . . . . . 18 24. Counsel Fees . . . . . . . . . . . . . . . . . . . . . . 18 25. Income Tax Prior Returns . . . . . . .,. . . . 19 26. Applicability of Tax Law to Property Transfers . . . . . 19 27. Waiver of Alimony . . . . . . . . . . . . . . . . . . . 20 28. Effect of Divorce Decree . . . . . . . . . . . . . . . . 20 29. Breach . . . . . . . . . . . . . . . 20 30. Waiver of claims . . . . . . . . . . . . . . . . . . . . 21 31. Entire Agreement . . . . . . . . . . . . . . . . . . . . 21 32. Financial Disclosure . . . . . . . . . . . . . . . . . . 22 33. Agreement Binding of Heirs . . . . . . . . . . . . . . . 23 34. Additional Instruments . . . . . . . . . . . . . . . . . 23 35. Void Clauses . . . . . . . . . . . . . . . . . . . . . . 23 36. Independent Separate Covenants . . . . . . . . . . . . . 23 37. Modification and Waiver . . . . . . . . . . . . . . . . 24 38. Descriptive Headings . . . . . . . . . . . . . . . . . . 24 39. Applicable Law . . . . . . . . . . . . . . . . . . . . . 24 r PROPERTY SETTLEMENT AGREEMENT R? THIS AGREEMENT, mode this _ day of jjj1jL 2001, by and between Lois Jean Gilmore, of Enola, Cumberland, County, Pennsylvania (hereinafter referred to as "WIFE") and William H. Gilmore, Jr., of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on May 23, 1986, in Oklahoma City, Oklahoma and; WHEREAS, no children have been born of this marriage; and, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the L c past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right 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 or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. -2- c 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party, shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket No. 99-7115, claiming that the marriage is irretrievably -3- broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by 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 shall remarry. It is the specific intent of the parties to permit this Agreement to -4- 1 t . r i survive any judgment and to be forever binding and conclusive upon the parties.. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on -5- r the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) 1 -6- Pennsylvania, (b) any State, Commonwealth or territory of the United States, or.(c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce code or the divorce laws of any other jurisdiction. -7- r 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI, Esquire, for WIFE and RICHARD C. RUPP, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that 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. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of -8- 1 I the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. PRE-NUPTIAL AGREEMENT: The parties had previously executed an Ante-Nuptial Agreement on May 22, 1986 and an Addendum to Ante-Nuptial Agreement on April 28, 1988. It is the intention of the parties that all provisions of those Agreements become null and void. 13. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. 1 -9- HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 14. PERSONAL PROPERTY: The parties have divided between, them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims -10- he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 15. DIVISION OF REAL PROPERTY: WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 891 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and WIFE agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or- title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agrees to immediately execute a deed conveying her interest to HUSBAND, said deed to be held in escrow by WIFE's attorney and delivered to HUSBAND's attorney upon the successful completion of HUSBAND's refinancing as set forth hereinafter. Except as otherwise provided herein, commencing on the execution date of this Agreement, HUSBAND shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence from November 1, 1999, -11- t forward, including, but not limited to the existing mortgage, taxes, utilities, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense in including attorney's fees, which may be incurred in connection with such liabilities and expense or result from WIFE's ownership interest in said property. Until the mortgage is refinanced, HUSBAND shall be solely responsible for payment of the mortgage, taxes, utilities, insurance premiums and maintenance and shall hold WIFE, her heirs, successors and assigns, harmless from any liability in the event of his default. HUSBAND shall make application for refinancing with ten (10) days of the execution of this Agreement. HUSBAND shall, within one hundred eighty (180) days of the execution of this Agreement, complete his refinancing and take all steps necessary to remove WIFE's name from the existing mortgage so as to have WIFE completely and fully released of any and all liability she has on the said mortgage. In the event that HUSBAND fails to refinance within the designated time frame, the Court, at WIFE's request, shall enter an Order directing that this residence be sold and that all liens be satisfied from the proceeds of the sale with -12- said net proceeds from any sale of said residence being paid to HUSBAND. 16. BANK ACCOUNTS: each possess certain bank respective names. They h, owner of their respective interest in, or claim to, accounts. HUSBAND and WIFE acknowledge that they accounts and the like in their Breby agree that each shall become sole accounts and they each hereby waive any any funds held by the other in such 17. H'USBAND'S RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE hereby covenants and agrees that she will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, Former Spouse's Protection Act, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that HUSBAND may receive said benefits as if he were never married. -13- I WIFE hereby consents to HUSBAND's election to remove WIFE from the Survivor Benefit Plan under his current military pension. WIFE further consents to HUSBAND's current and future designation of any alternative form of benefit and of beneficiaries other than WIFE under said plan and to any revocation and/or modification of such designation(s). WIFE hereby further agrees to execute any and all documents or forms which shall be required, at any time, and from time to time, by said plan, including but not limited to, any consents required to effect the payment of benefits in this manner. WIFE hereby acknowledges that she understands the effect of HUSBANDS's elections and she consents thereto. WIFE further acknowledges that she understands that, absent the consent contained in this paragraph, she would have the right to limit her consent to the designation by HUSBAND of a specific beneficiary or a specific form of benefits, and WIFE hereby voluntarily elects to relinquish both such rights. 18. WIFE'S RETIREMENT BENEFITS: HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND hereby covenants and agrees that he will execute any spousal waivers -14- that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. HUSBAND hereby consents to WIFE's election to waive a qualified joint survivor annuity form of benefit and a qualified pre-retirement survivor annuity form of benefit under WIFE's retirement account(s). HUSBAND further consents to WIFE's current and future designation of any alternative form of benefit and of beneficiaries other than HUSBAND under said plan and to any revocation and/or modification of such designation(s). HUSBAND hereby further agrees to execute any and all documents or forms which shall be required, at any time, and from time to time, by said plan, including but not limited to, any consents required to effect the payment of benefits in this manner. HUSBAND hereby acknowledges that he understands the effect of WIFE's elections and he consents thereto. HUSBAND further acknowledges that he understands that, absent the consent contained in this paragraph, he would have the right to limit his consent to the designation by WIFE of a specific beneficiary or a -15- specific form of benefits, and HUSBAND hereby voluntarily elects to relinquish both such rights. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1997 Honda Civic shall be and remain the sole and exclusive property of WIFE; (b) The 1998 Harley Davidson Motorcycle shall be and remain the sole and exclusive property of WIFE; (c) The 1992 Honda Accord shall be and remain the sole and exclusive property of HUSBAND; and (d) The 1998 Harley Davidson Motorcycle shall be and remain the sole and exclusive property of HUSBAND. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. -16- 20. MISCELLANEOUS ASSETS: All other assets not specifically enumerated herein shall remain the sole and exclusive property of the party currently in. possession of same. The non-custodial party waives all right, title and interest in the property in the possession of the other party. 21. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of the other, all items of property, be they mixed, tangible or intangible, which are him or her, with full power in him or her as fully and effectively, in all respects as though he or she were unmarried. any claim or right of real, personal or zereafter acquired by to dispose of the same and for all purposes, 22. ALIMONY: HUSBAND shall pay to WIFE alimony in the sum of Five Hundred Dollars ($500) per month, commencing on the first day of the first month following the entry of a Decree in Divorce, for a period of sixty (60) months. Said amount shall become an order with the Cumberland County Domestic Relations Office and payments shall be made through that office. The parties hereby agree that these payments shall be taxable to WIFE and deductible by HUSBAND. The parties stipulate and agree that (a) said alimony payments are necessary for the support and -17- maintenance of WIFE; and (b) without the aforesaid alimony payments WIFE will not have sufficient income from other assets or employment to maintain herself. The parties further agree that the alimony shall terminate upon WIFE's remarriage, cohabitation or the death of either party. Said payments shall be non-modifiable by either party. If HUSBAND files for bankruptcy within five (5) years of the date of this Agreement; this Agreement shall constitute conclusive evidence of the parties' intent that the obligation of this paragraph is in the nature of support and maintenance and is not dischargeable in bankruptcy under the current bankruptcy law or any amendment thereto. 23. PAYMENT TO WIFE: In consideration of the above transfers, HUSBAND agrees to pay WIFE the sum of Fifty Thousand Dollars ($50,000) on the date of execution of this Agreement. 24. COUNSEL FEES: HUSBAND shall pay the sum of Two Thousand Five Hundred Dollars ($2,500.00) to WIFE in payment of WIFE's counsel fees incurred in the preparation of this Agreement and the pursuit of a final Decree in Divorce. The said sum shall be paid to WIFE upon the signing of this Agreement. -18- 25. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. , 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 1 -19- 27. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 28. EFFECT OF DIVORCE DECREE: The parties agree that except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 29. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other -20- remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 30. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 31. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. -21- 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the. within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. -22- Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 33. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to.the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 35. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 36. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each -23- paragraph hereof shall be deemed to be a separate and independent Agreement. 37. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 38. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 39. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more -24- specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. RV, ea WITNESS Lois Je?ffi Gilmore WITNESS William H. Gilmore, Jr. -25- COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF bA Tn6C"iJD ) On this, the Qoaf'day of , 2001, before me, a Notary Public, the undersigned off cer, personally appeared Lois Jean Gilmore, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and-acknowledged that she executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official COMMONWEALTH OF PENNSYLVANIA COUNTY OF GUIM BSR, 00 WnA I AA ' Not ry Public Nolarlai Karon A. S heriff, teary PubBc Harrisburg, Da?,phi Cau,ty ion EWWs March Z 2002 Mambsr. Perstyl Wft AMociation at Notaries ) )SS: '11 RD On this, the o day of 2001, before me, a Notary Public, the undersigned off Ter, personally appeared William H. Gilmore, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A"';'q/ RaMM9 No ary Public Notarial Seal Karen A. Sheriff, Notary Public Harrisburg, Dauphin County My Commission Expires March 9, 2002 Member, Pennsylvania Association of Notaries -26- 7 WILLIAM H. GILMORE, JR., Plaintiff V. LOIS JEAN GILMORE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7115 CIVIL ACTION - LAW IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under (X) Section 3301(c) ( ) Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: November 24. 1999 - hand deliver 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, September 26. 2001 ; by defendant, September 28. 2001 . (b)(1) Date of execution of plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of service of plaintiff's affidavit upon defendant: 4. Date: Rupp & Meikle, P.C. Attorney I.D. #34832 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Counsel for Plaintiff Related claims pending: None however Propgrty Settlement Agreement dated fn WILLIAM H. GILMORE, JR., Plaintiff VS. LOIS JEAN GILMORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9 9 . '7// 5' &,?:( "-" -- : IN DIVORCE NOTICE TO LOIS JEAN GILMORE 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 against you and a decree in 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 with 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 on the first floor of the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 Attorney Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 Dated: 073 , Qr By: BRUCE A. GROVE, JR., ESQUIRIE 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiff WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW LOIS JEAN GILMORE, NO. 90i- 7//5 Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, WILLIAM H. GILMORE, JR., by his attorney Bruce A. Grove, Jr., and files this his Complaint in Divorce against the Defendant, LOIS JEAN GILMORE, upon the grounds hereinafter more fully set forth: 1. The Plaintiff, WILLIAM H. GILMORE, JR., is an adult individual and a citizen of Pennsylvania and his place of residence is 891 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, LOIS JEAN GILMORE, is an adult individual and a citizen of Pennsylvania and her place of residence is 891 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and the Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties hereto have been living separate and apart since November 6, 1999 despite the fact that both currently reside at 891 Mandy Lane, Camp Hill, PA 17011. 5. The parties are husband and wife and were lawfully married on May 23, 1986, at Oklahoma City, Oklahoma. Attached hereto and marked as Exhibit "A" is a true and correct 1 copy of the parties' Certificate of Marriage. 6. The marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 9. The 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. The Plaintiff herewith waives his right to request Court ordered counseling. 10. On May 22, 1986, the parties hereto entered into a written Antenuptial Agreement and, further, on April 23, 1988 the parties executed an Addendum to their Antenuptial Agreement of May 22, 1986. Attached hereto and marked as Exhibit "B" and "C", and incorporated into this Complaint by reference thereto, are true and correct copies of the 1986 Antenuptial Agreement and the 1988 Addendum. COUNTI REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 2 13. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(6) of the Divorce Code and that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. COUNTII REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. The marriage is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. The Plaintiff further requests that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. COUNT III REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage is irretrievably broken. 19. At the appropriate time, Plaintiff may submit an affidavit that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code, at the appropriate time. The Plaintiff further requests that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. COUNTIV REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated by reference thereto. 21. Pursuant to paragraph 6(d) of the Antenuptial Agreement and the Addendum thereto, which are attached to this Complaint as Exhibits "B" and "C", the Plaintiff and Defendant have acquired certain property during their marriage, both real and personal. 22. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. The Plaintiff further requests that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. 4 COUNT V REQUEST FOR APPROVAL OF THE PARTIES' ANTENUPTIAL AGREEMENT AND ADDENDUM AND INCORPORATION THEREOF INTO THE DIVORCE DECREE PURSUANT TO SECTION 3104 AND SECTION 3323 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 24. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 25. The parties' Antenuptial Agreement and Addendum thereto, attached to this Complaint as Exhibits "B" and "C", expresses the prior written contractual intent of the Plaintiff and Defendant relative to a marital settlement should irreconcilable differences occur. 26. Plaintiff, therefore, desires that these two written Agreements by approved by the Court and incorporated into any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3103 and 3323 of the Divorce Code the Court approve and incorporate the Antenuptial Agreement and Addendum into the final Divorce Decree. Respectfully submitted, Dated: BRUCE A. GROVE, JR., ESQUIRE Attorney I.D. No. 15502 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiff VERIFICATION I, WILLIAM H. GILMORE, JR. , hereby verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Dated: 71v"- / < / TTY 5 A.S1. No. 107 (1M) 1T?1?O?FUviII&AI?IiU I its issue to you. to'otn to manniage ? A. WieUam Hayes Gitmane It of Moore, Okealtoma Cfate oj Okfalioma ,M _ Lo,.s Jean Mooke Ceeveeand age 44 yeons.and oj- Moore, Okeahoma . County of Ce.eve2and Ctote oj Okeahoma age 48 years: and by the command of the statute you shall make due netunn of thts heense to my ofdtce within itve days succeedtng the pen{onmonce of the manniage henetn outhont3ed. 9ssued under my hand and o{{imal seal. and seconded m my manniage second begone dehveny of day oj May . 19 86 . /! r-. rn . , / n . n. , of c?4-tn (IYi:.X1 1" County. State of Oklahoma. do hereby centtby that 9 gctned to manniage the pennons named in and outhont3ed by thts ltcense to be mannted. or. the { j day oj ')d (D. 19?. at Oklahoma to the and L e? J // ?.. EXHIBIT "An ed County oj `Jo any person outhoniged to penjonm on solemnige the Awtoge Ceremony. gneettng: 1?ou are hereby outhont3ed. upon dehveny ei thts mawage heense wtthtn ten days nom date oj Ohlohoma Ctty. Oklahoma. thts 22nd s ... o v oo o, KZ " cat Q F J ? C? ? V tl o '?t o f ? E 1 3 J E u >1 °= ? Z Vf (J VI Aindaa n A . 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ANTENUPTIAL AGREEMENT s _J C 4? 0 0 L ?o a N o J a, S- o E E M .k ?C ` / R3 O This Agreement is made between William H. Gilmore of Moore, OK, hereinafter called Mr. Gilmore and Ms. Lois Jean Brooke of Moore, OK, hereinafter called Ms. Brooke whereby the parties WITNESSETH: Whereas, Mr. Gilmore and Ms. Brooke intend to marry; and Whereas, Mr. Gilmore owns real property in the State of Oklahoma located at 1417 Silver Ash, Moore, OK, more commonly known as Foxfire ($2,000 equity) and real property in the State of Virginia located at 6306 Buffie Ct., Burke, VA, more commonly known as Amherst ($30,000 equity), hereinafter called the Property and personal property in the form of: a. 1976 Mazda 808 Automobile ($1,000) b. Upjohn Stock (52 shares = $8,000) c. Dominican Federal S & L ($3,000) d. Nicholas Fund IRA (78 shares = $5,622) e. Pentagon Credit Union IRA ($2,500) f. USAA Real Estate IRA (4 units = $2,000) 9. USAA Certificate IRA ($2,000) h. USAA Income Property (5 units = $2,500) i. Fidelity Equity Income (50 shares = $1,500) j. Household Furniture k. Checking Account ($3,000) 1. Retirement (1986 = $27,000/yr.; 1994 = $38,000/yr hereinafter known as the Property. Whereas Ms. Brooke owns a note for $18,000 for of Maryland commonly known as Chesapeake Bay beach as the Property and personal property in the form a. 1979 Plymouth Horizon ($1,000) b. Hutton Series ($11,000) c. Suburban IRA ($9,000) d. Suburban Certificate ($6,000) e. Suburban Money Market ($3,200) f. Hutton Option IRA ($2,000) g. I owe you Linda Gerber ($1,600) h. Household Furniture i. Checking Account ($800) hereinafter known as the Property. real property in the State property, hereinafter known of: Whereas, the parties intend that all interests in their separate Property remain in their own name and not be affected in any way whatsoever because of their marriage. Now, therefore, in consideration of the marriage to be solemnized between Mr. Gilmore and Ms. Brooke, the parties agree as follows: Page 1 of 3 EXHIBIT "B" 1. Each of the parties shall retain all title and interests in their separate Property held by each at the time of this Agreement and over any increases in the separate Property to include any future Property that can be traced to separate funds. ` 2. Notwithstanding all other provisions of this Agreement, the parties shall have full rights to all tax deductions and credits, including the marital deduction f provided by State or Federal law. y c 3. This Agreement shall be binding upon the parties, their heirs, successors and assigns. 3 4. All changes in this Agreement are void and of no effect unless made in writing and signed by the parties. `I This pyre-ment shall be interpreted under the laws of the State of uk lahoma. ?4 6. Although not anticipated but in case of irreconcilable differences v leading to separation or divorce, the following provisions apply: m a. Joint trust account for Ms. Brooke: During the marriage CO while employed, Mr. Gilmore will contribute $1,000 per year into a joint trust account for Ms. Brooke to be used by Ms. Brooke in case of separation or divorce. In case of Ms. Brooke's death, the trust account belongs to Mr. Gilmore. Beginning balance of the trust account will be $3,000. b. Retirement: Any and all present or future military or civilian work retirement, compensation, pension, deferred income, work allowance, or work entitlement of either f individual will continue to remain the sole entitlement of } that individual and not be considered in a separation or }t divorce proceeding or settlement. D o c. Movement of Ms. Brooke's Household Goods: Mr. Gilmore E will provide or compensate for movement and if necessary, storage for up to three months for Ms. Brooke's personal property and household goods to Maryland. T Eo d. The above provisions in paragraphs 6a, 6b and 6c are to totally compensate each party in lieu of any separate house- )3 hold maintenance, temporary or permanent household support, alimony, or income settlement due to separation or divorce. Nothing in this Agreement is intended to affect the rights of the parties to a fair division of jointly-acquired property acquired with funds from both individuals or their rights to their share of the property division. Division of jointly- acquired property and similar issues of division of property in the marital estate shall be decided according to the laws of the forum and proportions of separate funds contributed o by the individuals to purchase the joint property. Page 2 of 3 7. Specific provisions of this Agreement will not be discussed with others within or without the families except parties assisting in the Agreement, other than the acknowledgement that, "A pre-nuptual or antenuptual agreement exists for individual property ownership." 8. A waiver by either party of any provision or paragraph of this Agreement does not constitute a waiver of any other or all of the provisions or paragraphs. 9. If a court of competent jurisdiction declares any paragraph or provisions of this Agreement to be invalid or unenforceable, only that paragraph or provision shall be invalid or unenforceable and the balance of the paragraphs and provisions shall be valid and enforceable. 10. Each individual has consulted with separate attorneys who have reviewed this Agreement. 1412? ? ?&, 5- - 2 -Z William H. Gilmore Witness Date Lois Je_ Brooke Witness Date Before me the undersigned notary on this date of 22nd Day of May. 1986 appeared William H. Gilmore and Lois Jean Brooke who signed this as their Agreement of their own free will without duress and the same was witnessed by Debra Green C? `//A L NOTARY My Commission Expires 8/27/89 Page 3 of 3 ADDENDUM TO ANTENUPTIAL AGREEMENT FOR JOINTLY PURCHASED REAL ESTATE 1. Regarding the antenuptial agreement dated May 22, 1986 between William H Gilmore and Lois Jean Gilmore, the following jointly owned property at 891 Mandy Lane, Camp Hill, PA 17011 has been purchased with the following understandings. 2. Regarding down payment, closing costs and fix up expenses of the property amounting to $8,800 closing/down payment, 4,580 carpet/ ..ally/?oor cscrk equalling $13,350, it was contributed equally ($6,675) by both. The half contributed by Lois Jean was drawn from the joint trust fund previously established and worth $6,5F1D, closing that fund out. 3. Regarding the monthly mortgage payment, the $1,000 previously paid by William into the trust fund for Lois Jean is being applied to the monthly mortgage payment in lieu of the trust fund. WILLIAM H GILMORE DATE Z) Jjrn s? LOI JE GILMORE DATE Before me the undersigned notary on this date of ; k n,-, ,,? a3 ?cl`j? j; appeared William H Gilmore and Lois Jean Gilmore who signed of their own free will without duress. .? r Notary My commission e?. GAILY GAIL (V, WILUATJI -WARY-MILIC My Commission Expires July 9, 1990 Deny Twp•. PA Dauphin Count' EXHIBIT "C" ty''? C Q "o a ri Z -Z) C-D -I -o C A-k WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7115 CIVIL TERM LOIS JEAN GILMORE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: Q 2l0 WILLIAM H. GILMORE, JR., Plaintiff n CJ C .3 7 1-3 ?: , A MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant WILLIAM H. GILMORE, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7115 CIVIL TERM LOIS JEAN GILMORE, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: LOIS JEAN LMORE, Defendant C) CD a n-I v)<c ^? AI J WILLIAM H. GILMORE, JR., Plaintiff V. LOIS JEAN GILMORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7115 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 4 3301(c) OF THE DIVORCE CODE 4. I consent to the entry of a final Decree of Divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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: 426- Q 1 44!4? WILLIAM H. GILMORE, JR., Plaintiff C? C i Cr n tC ? ?. t MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LOIS JEAN GILMORE, Defendant NO. 99-7115 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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: 9 e w9 ea?J. LOIS JEA GILMORE, Defendant C-) ; F!? i f? l 1Ui 9 .. Y MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LOIS JEAN GILMORE, Defendant NO. 99-7115 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, LOIS JEAN GILMORE, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). Date: November 24, 1999 By: MARIA P. COGNETTI & ASSOCIATES MARIA PLCOGl ETI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant f, ?J .I I I - In r _ WILLIAM H. GILMORE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - 7115 CIVIL TERM LOIS JEAN GILMORE, IN DIVORCE Defendant/Petitioner DR# 29,926 Pacses# 770102521 ORDER OF COURT AND NOW, this 1" day of August, 2000, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on September S, 2000 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: The conference scheduled before Charles Carothers on the spousal support claim will now be heard by R.J. Shadday on the same date and time. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. NO IQWi orr- Petitioner 9-1-00 to: ,,. < Respondent Maria Cognetti, Esquire Richard Rupp, Esquire Date of Order: August 1, 2000 BY THE COURT, George E. Hoffer, President Judge R. .Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 b'1EV?AlASNN3d REAGER, ADLER & COGNETTI, PC MARIA P. COGNETTI9 ESQUIRE Attorney I.D. No. 27914 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Defendant WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LOIS JEAN GILMORE, Defendant NO. 99-7115 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES. AND EQUITABLE DISTRIBUTION AND NOW comes the Defendant, LOIS JEAN GILMORE, by her attorneys, REAGER, ADLER & COGNETTI, and petitions this Honorable Court for alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of the marital property relevant to Plaintiff s Complaint in Divorce, and in support thereof, respectfully represents as follows: By reason of this action, Defendant has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 3. Defendant's income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 4. Plaintiff has adequate earnings to provide for Defendant's support and to pay her counsel fees, costs and expenses. 5. Defendant lacks sufficient property to provide for her reasonable needs. 6. Defendant is unable to support herself through appropriate employment. 7. Plaintiff has sufficient income and assets to provide continuing support for Defendant. 8. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by this Court. WHEREFORE, Defendant prays this Honorable Court enter an Order making equitable distribution of the marital property and awarding her alimony, alimony pendente lite, counsel fees, expenses and costs. Respectfully Submitted: REAGER, ADLER & COGNETTI, PC Date: June 28, 2000 By: MARIA P. GNET QUIRE Attorney I.D. No. 27914 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Defendant VERIFICATION I, LOIS JEAN GILMORE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. LOIS AN GILMORE DATE: ?a ' J-q " 0 D CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Expenses, and Equitable Distribution by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Bruce A. Grove, Jr., Esquire 1513 Cedar Cliff Drive Camp Hill, PA 17011 REAGER, ADLER & COGNETTI, PC Date: June 28, 2000 By: MARIA P. COGNEj, ESQUIRE Attorney I.D. No. 27914 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Defendant ES£L-£9L (LLL) Zv9v-L L OL L Vd 'll I H d W VO 133HiS 1DWN LEEZ MVl 1V SA3NU011V 'Od 'I113NOOO 79 831GV 'H39V3d ?/ 1 JvJ V v Q J. a WILLIAM H. GILMORE, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 99-7115 CIVIL TERM LOIS JEAN GILMORE, IN DIVORCE Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned Divorce Action on behalf of Plaintiff, William H. Gilmore, Jr. Date: August 29, 2000 Respectfully submitted, RUPP & M LE By: I l Richard C. Rupp, Esquire 'r Attorney I.D. No.: 34832 355 North 21a` Street, Suite 205 Camp Hill, PA 17011 (717)761-3459 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Entry of Appearance upon the person(s) named below by placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below. Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402-4805 Maria P. Cognetti, Equire Reager, Adler & Cognetti 2331 Market Street Camp Hill, PA 17011-4642 Richard C. Rupp, Esquire Attorney I.D.# 34832 355 North 21st Street, Suite 205 Camp Hill, Pennsylvania 17011 (717) 761-3459 Dated: August 29, 2000 ? C G ? '[3 t^4: { 7 :?. j f-- LJ _. ? -.-_i ' CJ7 ?..,, U J .., a .l C.: .. _ ?+ ^.. F7 _ 1 c: .? _. (it .. - _+ --. °t a? WILLIAM H. GILMORE, JR., Plaintiff/Respondent VS. LOIS JEAN GILMORE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99 - 7115 CIVIL TERM IN DIVORCE DR# 29,926 Paeses# 770102521 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 31a` day of August, 2000, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on September 13, 2000 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: This date replaces the previously scheduled date of 9-5-00. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 9-1-00 to: < Respondent Maria Cognetti, Esquire Richard Rupp, Esquire Date of Order: September 1, 2000 R. Shad ay, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ? G ? cn -o ?? ? ? ; -n ..,? _ C.... ?.?- - _ C;' ? L, " ?' y v c t =-. -y,> .? c?`? WILLIAM H. GILMORE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - 7115 CIVIL TERM LOIS JEAN GILMORE, IN DIVORCE Defendant/Respondent DR# 29,926 Pacses# 770102521 ORDER OF COURT NOTICE TO RESCHEDULED CONFERENCE AND NOW, this 6"' day of September, 2000, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shaddav on October S. 2000 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE. This date replaces the prior conference date of September 13, 2000. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest BY THE COURT, George E. Hoffer, President Judge Mail Copies, on Petitioner < Respondent Maria Cognetti, Esquire Richard Rupp, Esquire Date of Order: September 6, 2000 - All-*? t-40? Z 4ShaRd6y, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CJ C C7 D ?_: cn a WILLIAM H. GILMORE, JR., Plaintiff VS. LOIS JEAN GILMORE, Defendant LOIS JEAN GILMORE, Plaintiff VS. WILLIAM H. GILMORE, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-7115 Civil Term? IN DIVORCE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW - SUPPORT : DOCKET NO. 00570 S 2000 : PACESES CASE NO. 266102420 DOMESTIC RELATIONS SECTION PETITION FOR RELIEF AND/ OR HEARING AND NOW COMES Your Petitioner, William Gilmore, Jr., Plaintiff in the above captioned Divorce Action and Support Action, by and through his Attorneys, Richard C. Rupp and Rupp and Meikle, as follows: Your Petitioner is William Gilmore, Jr., adult individual and Plaintiff in the above captioned Divorce Action, who resides at 891 Mandy Lane, Camp Hill, Pennsylvania. 2. Your Respondent is Lois Jean Gilmore, adult individual and Defendant in the above captioned Divorce Action, who resides at 528 South Enola Road, Enola, Pennsylvania. 3. On or about November 23, 2000, Your Petitioner filed a Complaint in Divorce against the Respondent. A copy of said Complaint is attached here to and is incorporated herein by reference as Exhibit "A". 4. On or about June, 29 2000, the Respondent filed a complaint for spousal support with the Cumberland County Domestic Relations Office. A copy of said complaint is attached hereto and incorporated herein by reference as Exhibit "B". 5. This Honorable Court scheduled a Hearing for September 5, 2000. A copy of he Court Order is attached hereto and incorporated herein by reference as Exhibit "C". This Hearing was rescheduled for October 5, 2000. A copy of said Order of Court is attached hereto as Exhibit "H" and incorporated herein by reference. 6. On or about June 29, 2000, the Respondent's legal counsel filed a Petition for a hearing to be held requesting alimony, alimony pendente lite, counsel fees and equitable distribution. A copy of said Respondent's Petition is attached hereto and incorporated herein by reference as if set forth in full as Exhibit "D".. 7. Upon about August 1, 2000, this Honorable Court ordered a hearing on Respondent's Petition to be held before Hearing Officer R.J. Shadday on the issue of spousal support and /or alimony pendente lite on September 5, 2000, canceling the prior established hearing for support hearing before Domestic Relations Office. A copy of said Order of Court os attached hereto and is incorporated herein by reference as Exhibit "E". 8. Respondent's Petition was served on Plaintiff's prior legal counsel and forwarded to Plaintiff. 9. Before the parties were married, the parties to this action had entered into an Ante-Nuptial Agreement on May 22, 1986. A copy of said Ante-Nuptial Agreement as amended is attached hereto and incorporated herein by reference as if set forth in full as Exhibit "17" 10. The parties amended their Ante-Nuptial Agreement when they moved from the midwest to Camp Hill, Pennsylvania and purchased a marital residence in joint names. A copy of said amendment is attached hereto and incorporated herein by reference as Exhibit "G". 11. The Respondent filed her initial claim for spousal support and her Petition for alimony, alimony pendente, counsel fees and equitable distribution despite the fact that the parties had entered into said written Ante-Nuptial Agreement, as amended before their marriage. 12. The Parties' Ante-Nuptial Agreement, as amended, provides in part in paragraph 6d: " The above provisions in paragraphs 6a, 6b and 6c are to totally compensate each party in lieu of any separate household maintenance, temporary or permanent household support, alimony, or income settlement due to separation or divorce... " 13. In accordance with the said parties' Ante-Nuptial Agreement, as amended, both parties waive and relinquish any and all right of either respective party from obtaining any support or alimony pendente lite or alimony.. V COUNTI 14. Your Petitioner hereby incorporates paragraphs 1 - 12 above herein as if set forth in full. 15. For the foregoing reasons, Your Petitioner avers that the Petitioner does not owe the obligation of support or alimony pendente lite or alimony to the Respondent, his wife. WHEREFORE, Your Petitioner respectfully requests the Plaintiff's complaint for spousal support and petition for alimony, alimony pendente lite, and counsel fees and costs be dismissed with prejudice or, in the alternative, that a hearing to be held to determine the parties' respective rights and obligations in this matter. COUNT II ALTERNATIVE COUNT 16. Your Petitioner hereby incorporates paragraphs 1 - 14 above herein as if set forth in full. 17. Your Petitioner believes and, therefore, avers that an issue between the parties has ripened in that the Respondent has requested the Court for a hearing before the Cumberland County Domestic Relations Office on the issue of support, alimony, alimony pendente lite, costs, counsel fees and equitable distribution, and the Court has established a hearing on the issue of whether the Respondent may receive support and/or alimony pendente lite in contravention to the parties' Ante-Nuptial Agreement, as amended. WHEREFORE, Your Petitioner respectfully requests the Plaintiff's complaint for spousal support and petition for alimony, alimony pendente lite, and counsel fees and costs be dismissed with prejudice or, in the alternative, that a hearing to be held to determine the parties' respective rights and obligations in this matter. COUNT III 18. Your Petitioner hereby incorporates paragraphs 1 - 14 above herein as if set forth in full. 19. Your Petitioner respectfully represents that the Plaintiff voluntarily left the marital residence without cause. 20. Your Petitioner respectfully represents that the parties entered into an Ante-Nuptial Agreement, as amended, whereby the parties waived any and all rights to spousal support, as more fully pleaded above. 21. Your Petitioner respectfully represents that the Respondent, his wife has adequate assets, resources and income to support herself. 22. For the foregoing reasons, Your Petitioner is not responsible for spousal support to Respondent/Plaintiff, his wife. WHEREFORE, Your Petitioner respectfully requests the Plaintiffs complaint for f spousal support and petition for alimony, alimony pendente lite, and counsel fees and costs be dismissed with prejudice or, in the alternative, that a hearing to be held to determine the parties' respective rights and obligations in this matter. COUNT IV 23. Your Petitioner hereby incorporates paragraphs 1 - 21 above herein as if set forth in full. 24. Your petitioner receives disability income payments from the U. S. Department of Defense as disability retirement income. Said military disability income is mandatorily excluded from any calculation of spousal support, alimony, or alimony pendente lite, etc. by federal law. 25. For the foregoing reason, Your Petitioner's military disability income is excluded from any calculation of spousal support, alimony, or alimony pendente lite. . WHEREFORE, Your Petitioner respectfully requests the Plaintiff's complaint for spousal support and petition for alimony, alimony pendente lite, and counsel fees and costs be dismissed with prejudice or, in the alternative, that a hearing to be held to determine the parties' respective rights and obligations in this matter. COUNT V 26. Your Petitioner hereby incorporates paragraphs 1 - 22 above herein as if set forth in full. 27. Your Petitioner respectfully represents that the Respondent/Plaintiff, his wife has adequate assets, resources and income to support herself. 28. For the foregoing reasons, Your Petitioner is not responsible for spousal support, alimony, alimony pendente lite, counsel fees or costs to Respondent/Plaintiff, his wife. WHEREFORE, Your Petitioner respectfully requests the Plaintiff's complaint for spousal support and petition for alimony, alimony pendente lite, and counsel fees and costs be dismissed with prejudice or, in the alternative, that a hearing to be held to determine the parties' respective rights and obligations in this matter. Respectfully Submitted RUPP MEIKLE Alf Richard C. Rupp, Esquire Supreme Court ID No. 34832 355 N. 21" Street, Suite 205 Camp Hill, PA 17011 717-761-3459 uNno?;"?? ,sn n,? MID VERIFICATION I, WILLIAM H. GILMORE, JR., hereby verify that the statements made in this Petition 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. / William H. Gilmore, Jr. Date: C T 61 ?? J9r BRUCE. A GROVE Jr 4 ATT`RNBY'AT LAW yy s • *- CAMP HILL• PLNNSYLV ANlA CT1?J?76_J 770q WILLIAM H. GILMORE, JR., Plaintiff COPY r i qs u :=.rx 4. ro• AT RNRY FOR e 4M A:_ N : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW LOIS JEAN GILMORE, : NO. Y9 . '711s I -r _- Defendant IN DIVORCE " r NOTICE TO LOIS JEAN GILMORE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set foA in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed against you and a decree in 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 with 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 on the first floor of the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 Attorney Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 Dated: fL) a3,?Qg9 By: BRUCE A. GROVE, JR., ESQUI 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiff tlcti106t/x WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW LOIS JEAN GILMORE, NO. 9q. '7//S etc j Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, WILLIAM H. GILMORE, JR., by his attorney Bruce A. Grove, Jr., and files this his Complaint in Divorce against the Defendant, LOIS JEAN GILMORE, upon the grounds hereinafter more fully set forth: 1. The Plaintiff, WILLIAM H. GILMORE, JR., is an adult individual and a citizen of Pennsylvania and his place of residence is 891 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, LOTS JEAN GILMORE, is an adult individual and a citizen of Pennsylvania and her place of residence is 891 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and the Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties hereto.have been living separate and apart since November 6, 1999 despite the fact that both currently reside at 891 Mandy Lane, Camp Hill, PA 17011. 5. The parties are husband and wife and were lawfully married on May 23, 1986, at Oklahoma City, Oklahoma. Attached hereto and marked as Exhibit "A" is a true and correct 1 copy of the parties' Certificate of Marriage. 6. The marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 9. The 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. The Plaintiff herewith waives his right to request Court ordered counseling. 10. On May 22, 1986, the parties hereto entered into a written Antenuptial Agreement and, further, on April 23, 1988 the parties executed an Addendum to their Antenuptial Agreement of May 22, 1986. Attached hereto and marked as Exhibit "B" and "C", and incorporated into this Complaint by reference thereto, are true and correct copies of the 1986 Antenuptial Agreement and the 1988 Addendum. COUNT I REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome. 2 A -3 13. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(6) of the Divorce Code and that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. The marriage is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. The Plaintiff further requests that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. COUNT III REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 3 ,4 vY 18. The marriage is irretrievably broken. 19. At the appropriate time, Plaintiff may submit an affidavit that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code, at the appropriate time. The Plaintiff further requests that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated by reference thereto. 21. Pursuant to paragraph 6(d) of the Antenuptial Agreement and the Addendum thereto, which are attached to this Complaint as Exhibits "B" and "C", the Plaintiff and Defendant have acquired certain property during their marriage, both real and personal. 22. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. The Plaintiff fiuther requests that the Agreements attached hereto as Exhibits "B" and "C" be incorporated in the Decree and entered as an Order of this Court. COUNT V REQUEST FOR APPROVAL OF THE PARTIES' ANTENUPTIAL AGREEMENT AND ADDENDUM AND INCORPORATION THEREOF INTO THE DIVORCE DECREE PURSUANT TO SECTION 3104 AND SECTION 3323 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 24. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 25. The parties' Antenuptial Agreement and Addendum thereto, attached to this Complaint as Exhibits "B" and "C", expresses the prior written contractual intent of the Plaintiff and Defendant relative to a marital settlement should irreconcilable differences occur. 26. Plaintiff, therefore, desires that these two written Agreements by approved by the Court and incorporated into any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3103 and 3323 of the Divorce Code the Court approve and incorporate the Antenuptial Agreement and Addendum into the final Divorce Decree. Respectfully submitted, Dated: By: BRUCE A. GROVE, JR., E8QU11kE Attorney I.D. No. 15502 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiff n•YO VERIFICATION I, WILLIAM H. GILMORE, JR. , hereby verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: / T, / T FY N `/ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LOIS J. GILMORE ) Docket Number 00570 S 2000 Plaintiff ) VS. ) PACSES Case Number 266102420 WILLIAM H. GILMORE JR ) Defendant ) Odter State ID Number 1. Plaintiff resides at 528 S ENOLA ROAD ENOLA PA. 17025 CUMBERLAND County. Plaintiff's Social Security Number is 578-50-1293 and date of birth is 11/03/37 2. Defendant resides at 891 MANDY LANE CAMP HILL PA. 17011 CUMBERLAND County.. Defendant's Social Security Number is 418-54-9874 and date of birth is .3/25/42 3. (a) Plaintiff and Defendant were married on MAY 23, 1986 at ox (b) Plaintiff and Defendant were separated on JUNE 4, 2000 (c) Plaintiff and Defendant were divorced on at 4. Plaintiff and Defendant are the parents of the following children: Name Birth Date Awe Residence: Born of the Marriage Y = Yes, N = No Residence: Y k Form IN-005 Service Type M ` t? Worker ID 21502 r -1. GILMORE V- GILMORE PACSES Case Number: 266102420 Residence: Residence: Residence: Residence: 5. Plaintiff seeks support for the following persons: SPOUSAL 6. (a) Plaintiff O is ® is not receiving public assistance in the amount of $. o0 per month for the support of- (b) Plaintiff is receiving additional income in the amount of $ oo from: 7. A previous support order was entered against the Defendant on in an action at in the amount of $ .00 for the support of: Page 2 of 3 Form IN-005 Service Type M Worker ID 21502 -- 2 GILMORE V- GILMORE PACSES Case Number: 266102420 There O are O are no arrears in the amount of $ o. oo The order Q has O has not been terminated. 8. Plaintiff last received support from the Defendant in the amount of $ 0.00 on WHEREFORE, Plaintiff requests that an order be entered against Defendant and in favor of the Plaintiff and the aforementioned child(ren) for reasonable support and medical coverage. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Plaintiff Date -,,.2 y- c) c) NOTICE Guidelines for child and spousal support, and for alimony pendente lite, have been prepared by the Court of Common Pleas and are available for inspection in the Office of the Domestic Relations Section: 13 NORTH HANOVER STREET CARLISLE, PA. 17013 Page 3 of 3 Form IN-005 Service Type M Worker ID 21502 '?R-3 In the Court of Common Pleas of CUMBERLAND County, Pennsylv DOMESTIC RELATIONS SECTION 04 ?/ LOIS J. GILMORE ) Docket Number 00 S 2000 Plaintiff VS. WILLIAM H. GILMORE JR Defendant L? PACSES Case Number 266102420 ? ??' Other State ID Number / ORDER OF CQUIRT You, WILLIAM H. GILMORE JR ' plaintiff/defendant of 891 MALADY LN, CAMP HILL, PA. 17011-1536-91 are ordered to appear at cuMBERLAND co DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on SEPTEMBER 5, 2000 at 9: ooAM for a conference, after which the conference officer may recommend that an order for support be et.tered. You are further required to bring to the conference: 1. a true copy of your most recent Federal Income Tax Return, including-IM-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). r i, A4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licettses 7. other: Service Type M .c r Form CM-508 e C4 Flo .+ (? Worker ID 21200 GILMORE v. GILMORE PACSES Case Number: 20102420 If you fail to appear for the conference or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court shall enter an order establishing paternity. BY THE COURT: Date of Order: J G, r :y : ?0 cc'W6 JUDGE ?Cki^tx+r'?nrEr:.r:ur:f?Cxnmkekukuj.f?q?Mt?9 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of caMBERLANO County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please cgntact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. Page 2 of 2 Form CM-508 Service Type M Worker ID 21200 C ?2 REAGER, ADLER & COGNETTI, PC MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Defendant WILLIAM H. GILMORE, JR., • Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LOIS JEAN GILMORE, Defendant NO. 99-7115 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY ALIMONY PEND NTE LITE COUNSEL FEES AND EXPENSES AND EQUITABLE DISTRIBUTION AND NOW comes the Defendant, LOIS JEAN GILMORE, by her attorneys, REAGER, ADLER & COGNETTI, and petitions this Honorable Court for alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of the marital property relevant to Plaintiff's Complaint in Divorce, and in support thereof, respectfully represents as follows: 1. By reason of this action, Defendant has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation. Defendant's income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. ?kG, l b?f- `-J4 4. Plaintiff has adequate earnings to provide for Defendant's support and to pay her counsel fees, costs and expenses. 5. Defendant lacks sufficient property to provide for her reasonable needs. 6. Defendant is unable to support herself through appropriate employment. 7. Plaintiff has sufficient income and assets to provide continuing support for Defendant. 8. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by this Court. WHEREFORE, Defendant prays this Honorable Court enter an Order making equitable distribution of the marital property and awarding her alimony, alimony pendente lite, counsel fees, expenses and costs. Respectfully Submitted: REAGER, ADLER & COGNEM9 PC Date: June 28, 2000 ` By: MARIA P. QbGNE1TX QUIRE Attorney I.D. No. 27914 2331 Market Street Camp Hill, PA 170114642 Telephone No. (717) 763-1383 Attorney for Defendant ?, Z VERIFICATION I, LOIS JEAN GILMORE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. A. LOIS JEAN GILMORE DATE: 41 " 0 `-3 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Expenses, and Equitable Distribution by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Bruce A. Grove, Jr., Esquire 1513 Cedar Cliff Drive Camp Hill, PA 17011 REAGER, ADLER & COGNETTI, PC Date: June 28, 2000 By: MARIA P. dOGNE , ESQUIRE Attorney I.D. No. 279f4 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Defendant 0- y WILLIAM H. GILMORE, JR., IN THE COURT OF COMMON PLEAS OF PWntiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - 7115 CIVIL TERM LOIS JEAN GILMORE, IN DIVORCE Defendant/Petitioner DR# 29,926 Pacses# 770102521 ORDER OF COURT AND NOW, this 1" day of August, 2000, upon consideration of the attached Petition for Alimonv Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on SeWember S. 2000 at 9. M A.M. for a conference, at 13 N. Hanover St.. Carlisle. PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE. The conference scheduled before Charles Carothers on the spousal support claim will now be heard by &J. Shadday on the same date and time. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT. George E. Hoffer, President Judge Mail copies an Petitioner 8-1-00 to: < Respondent Maria Cognetti. Esquire Richard Rupp, Esquire Date of Order: August 1. 2000 R. Jj hadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 t k4oto it. /?? if 7i. OK (4 /,-v "- Awmt ,,r?,,iPr WIT14 A49W0un^ ANTENUPTIAL AGREEMENT This Agreement is made between William H. Gilmore of Moore, OK, hereinafter called Mr. Gilmore and Ms. Lois Jean Brooke of Moore, OK9 hereinafter called Ms. Brooke whereby the parties WITNESSETH: Whereas, Mr. Gilmore and Ms. Brooke intend to marry; and Whereas, Mr. Gilmore owns real property in the State of Oklahoma located at 1417 Silver Ash, Moore, OK, more commonly known as Foxfire ($2,000 equity) and real property in the State of Virginia located at 6306 Buffie Ct., Burke, VA, more commonly known as Amherst ($30,000 equity), hereinafter called the Property and personal property in the form of: a. 1976 Mazda 808 Automobile ($1,000) b. Upjohn Stock (52 shares = $89000) c. Dominican Federal S & L ($39000) d. Nicholas Fund IRA (78 shares = $5,622) e. Pentagon Credit Union IRA ($2,500) f. USAA Real Estate IRA (4 units = $2,000) g. USAA Certificate IRA ($2,000) h. USAA Income Property (5 units = $2,500) i. Fidelity Equity Income (50 shares = $1,500) j. Household Furniture k. Checking Account ($3,000) 1. Retirement (1986 = $27,0001yr.; 1994 = $38,0001yr.) hereinafter known as the Property. Whereas Ms. Brooke owns a note for $18,000 for real property in the State of Maryland commonly known as Chesapeake Bay beach property, hereinafter known as the Property and personal property in the form of: a. 1979 Plymouth Horizon ($1 000) s , b. Hutton Series ($11,000) c. Suburban IRA ($9,000) d. Suburban Certificate ($6,000) e. Suburban Money Market ($3,200) = f. Hutton Option IRA ($2,000) E g. I owe you Linda Gerber ($1,600) h. Household Furniture i. Checking Account ($800) 3 hereinafter known as the Property. Whereas, the parties intend that all interests in their separate Property remain in their own name and not be affected in any way whatsoever because of their marriage. Now, therefore, in consideration of the marriage to be solemnized between , Mr. Gilmore and Ms. Brooke, the parties agree as follows: 4J 0 Page 1 of 3 I f'<ti c b i N uv.l'??? At 2 1. Each.of the parties shall retain all title and interests in their separate Property held by each at the time of this Agreement and over any increases in the separate Property to include any future Property that can be traced to separate funds. 2. Notwithstanding all other provisions of this Agreement, the parties shall have full rights to all tax deductions and credits, including the marital deduction, provided by State or Federal law. 3. This Agreement shall be binding upon the parties, their heirs, successors and assigns. 3 4. All changes in this Agreement are void and of no effect unless made in writing and signed by the parties. 5. This Agreement shall be interpreted under the laws of the State of Oklahoma. 6. Although not anticipated but in case of irreconcilable differences Y leading to separation or divorce, the following provisions apply: 0 Co a. Joint trust account for Ms. Brooke: During the marriage while employed Mr Gilmore ill , . w contribute $1,000 per year into a joint trust account for Ms. Brooke to be used by Ms. Br ooke in case of separation or divorce. In case of Ms . Brooke's death, the trust account belongs to Mr. Gilmore . Beginning balance of the trust account will be $3,000. b. Retirement: Any and all present or future military or civilian work retirement, compensation, pension, deferred income, work allowance, or work entitlement of either individual will continue to remain the sole entitlement of that individual and not be considered in a separation or divorce proceeding or settlement. v i o c. Movement of Ms. Brooke's Household Goods: Mr. Gilmore will provide or compensate for movement and if necessary, storage for up to three months for Ms. Brooke's personal property and household goods to Maryland. b d. The above provisions in paragraphs 6a, 6b and 6c are to '' totally compensate each party in lieu of any separate house- hold m i t 3 a n enance, temporary or permanent household support , alimony, or income settlement due to separation or divorce . Nothing in this Agreement is intended to affect the rights of the parties to a fair division of jointly-acquired property acquired with funds from both individuals or their rights to their share of the property division. Division of jointly- acquired property and similar issues of division of property 5 in the marital estate shall be decided according to the laws K of the forum and proportions of separate funds contributed ;' by the individuals to purchase the joint property. ,c Page 2 of 3 r? Z r 7. Specific provisions of this Agreement will not be discussed with others within or without the families except parties assisting in the Agreement, other than the acknowledgement that, "A pre-nuptual or antenuptual agreement exists for individual property ownership." 8. A waiver by either party of any provision or paragraph of this Agreement does not constitute a waiver of any other or all of the provisions or paragraphs. 9. If a court of competent jurisdiction declares any paragraph or provisions of this Agreement to be invalid or unenforceable, only that paragraph or provision shall be invalid or unenforceable and the balance of the paragraphs and provisions shall be valid and enforceable. 10. Each individual has consulted with separate attorneys who have reviewed this Agreement. Cam., l s - 2 2 -? Wil iam H. Gi more Witness Date Lags Je Brooke Witness Date Before me the undersigned notary on this date of 22nd D of May. 1986 appeared William H. Gilmore and Lois Jean Brooke who signed this as their Agreement of their own free will without duress and the same was witnessed by Debra Green NOT Y My Commission Expires 8/27/89 Page 3 of 3 Fr-3 f?l?lciArA-c- 4C4! ADDENDUM TO ANTENUPTIAL AGREEMENT FOR JOINTLY PURCHASED REAL ESTATE 1. Regarding the antenuptial agreement dated May 22, 1986 between William H Gilmore and Lois Jean Gilmore, the following jointly owned property at 891 Mandy Lane, Camp Hill, PA 17011 has been purchased with the following understandings. 2. Regarding down payment, closing costs and fix up expenses of the property amounting to $8,800 closing/down payment, 4,550 carpet/ !calla/door work equalling $13,350, it was contributed equally ($6,675) by both. The half contributed by Lois Jean was dr^wn from the joint trust fund previously established and worth $6,,3M, closing that fund out. 3. Regarding the monthly mortgage payment, the $1,000 previously paid. by William into the trust fund for Lois Jean is being applied to the monthly mortgage payment in lieu of the trust fund. WILLIAM H GILMORE DATE 71 ern bi17 LO GI RE DATE Before me the undersigned notary on this date of 4N ,-D ` 7943 appeared William H Gilmore and Lois Jean Gilmore who signed of their own free will without duress. ?,.?-tee i n C V?yv Notary My commission eires GA -if WILUA 3, NUTAKY PUBUC my Commission Expires Juiy 9, Im OHM r*p., PA Dauphin County 6 X4'16 && '%Gc' WILLIAM H. GILMORE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - 7115 CIVIL TERM LOIS JEAN GILMORE, IN DIVORCE Defendant/Respondent DR# 29,926 Paeses# 770102521 ORDER OF COURT NOTICE TO RESCHEDULED CONFERENCE AND NOW, this 6 h day of September, 2000, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October S. 2000 at 10.30A.M. for a conference, at 13 N. Hanover St.. Carlisle. PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE. This date replaces the prior conference date of September 13, 2000. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11® (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 9-6-00 to: < Respondent Maria Cognetti, Esquire Richard Rupp, Esquire Date of Order: September 6, 2000 4J. da , Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTND THE CONFERENCE AND REPRESENT YOU. Hr YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 aw, i .. , 0 CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Petition upon the person(s) named below by placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below. Maria Cognetti, Esquire 2331 Market Street Camp Hill, PA 17011 , , Rich d C. Rupp, Esquire Attorney I.D.# 34832 355 North 21st Street, Suite 205 Camp Hill, Pennsylvania 17011 (717) 761-3459 Dated: 6 .7k la? sl 4 0ip --3 _, i 1 1 WILLIAM H. GILMORE, JR., PLAINTIFF V. LOIS JEAN GILMORE, DEFENDANT LOIS JEAN GILMORE, PLAINTIFF V. WILLIAM H. GILMORE, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7115 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES 266102420 570 SUPPORT 2000 ORDER OF COURT AND NOW, this AL day of October, 2000, a hearing in the above- captioned cases is scheduled for Thursday, December 7, 2000, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Marie Cognetti, Esquire For Lois Jean Gilmore Richard C. Rupp, Esquire For William H. Gilmore, Jr., R.J. Shadday, DRO R?s saa 7lC V .- ri j .ct c a? =?,Z ,? .^ C L ? Y F"(/ ' _ r ?j Q '?!- `' r r? ;i? a- 1 ? ?= ? J ??.. ??? WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. LOIS JEAN GILMORE, DEFENDANT 99-7115 CIVIL TERM LOIS JEAN GILMORE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PACKS 266102420 WILLIAM H. GILMORE, JR., DEFENDANT 570 SUPPORT 2000 ORDER OF COURT AND NOW, this o day of October, 2000, a hearing in the above- captioned cases is scheduled for Thursday, December 7, 2000, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the E%urt, Edgar fir, J. Marie Cognetti, Esquire For Lois Jean Gilmore Richard C. Rupp, Esquire For William H. Gilmore, Jr., R.J. Shadday, DRO ia-/o-oo R?s :saa >- '' 2 ?? `= ? ` , ? Y ,tom „? F ? :}7 . . , ?,> ,, ?;.: -- ?_ ?. c_? WILLIAM H. GILMORE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW LOIS JEAN GILMORE, : NO. 99-7115 Civil Term Defendant IN DIVORCE LOIS JEAN GILMORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :CIVIL ACTION - LAW - SUPPORT : DOCKET NO. 00570 S 2000 : PACESES CASE NO. 266102420 WILLIAM H. GILMORE, JR. Defendant : DOMESTIC RELATIONS SECTION ORDER OF COURT AND NOW this -Z-1 day of November, 2000, WHEREAS the above named parties are engaged in settlement discussions, and WHEREAS the parties' counsel, Richard C. Rupp, Esquire for Willliam H. Gilmore, Jr. and Maria Cognetti, Esquire for Lois Jean Gilmore, have requested a continuance of the hearing scheduled on December 7, 2000 in the above-captioned matter to continue the parties settlement discussions. IT IS HEREBY ORDERED that the hearing scheduled on December 7, 2000 is continued indefinitely and this matter may be re-listed for smother h party at any time. VINVAIASNN' I -I Nf1Q(' f !.. -,':; , ,,,no In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LOIS J. GILMORE ) Docket Number 99-7115 CIVIL Plaintiff ) vs. ) PACSES Case Number 770102521 /D29926 WILLIAM H. GILMORE JR ) Defendant ) Other State ID Number Order AND NOW to wit, this FEBRUARY 7, 2002 it is hereby Ordered that: THAT THE CUMBERLAND COUNTY DRS DISMISS THEIR INTEREST IN THE ABOVE CAPTIONED ALIMONY CASE PURSUANT TO THE PARTIES' PROPERTY SETTLEMENT AGREEMENT AND THE REMARRIAGE OF LOIS J. GILMORE ON NOVEMBER 24, 2001. THERE IS A CREDIT OF $1,116.67. LOIS J. (GILMORE ) PETERS IS TO CONTACT THE DOMESTIC RELATIONS SECTION WITHIN FIVE DAYS WITH A REPAYMENT PLAN TO WILLIAM H. GILMORE, JR. IN THE AMOUNT OF $1,116.67. DRO: RJ Shadday xc: plaintiff defendant Maria Cognetti, Esquire Richard Rupp, Esquire Service Type M BY THE COURT: Edgar B. Bayley JUDGE Form OE-520 Worker ID 21005 Cr J CT! L -Ti Co = t: