HomeMy WebLinkAbout99-07802
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IN THE COURT OF COMMON PLEAS
1 '
OF CUMBERLAND COUNTY
STATE OF r'? K PENNA.
i
Beth R. Gilfert,
Plaintiff
versus
John Gilfert,
i; Defendant
DECREE IN
DI VORCE
AND NOW,... (;F ...... ZP.a.( it is ordered and
Beth R. Gilfert
decreed that .................................................. plaintiff,
John Gilfert
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;
The terms of the parties' Marital Settlement Agreement, dated August 23,
...................................................................
2001, and attached hereto are incorporated herein but not merged herewith.
..................................................................J...........
By Th C ..(/r... ' DE's
J.
Ate. ? _ _ .
? Prothonotary
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MARITAL SETTLEMENT AGREEMENT
THIS ACREEMENT, made this _Z??day of J Sl 2001, by and between
Beth R. Gilfert of Camp Hill, Cumberland County, Pennsylvania, (hereinafter "WIFE") and
John D. Gilfert of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter
"HUSBAND");
W I TN E S S E T H:
WHEREAS, the parties hereto were married on May 7, 1994, in Harrisburg,
Pennsylvania; and
WHEREAS, the parties have one child of this marriage, namely Anna R. Gilfert; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire
of Reager & Adler, PC. HUSBAND is represented by P. Richard Wagner, Esquire.
The parties further declare that each is executing the Agreement freely and voluntarily
having either obtained sufficient knowledge and disclosure of their respective legal rights and
obligations, or if counsel has not been consulted, expressly waiving the right to obtain such
knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not
the result of any fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they shall
secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce
action was filed by WIFE with the Court of Common Pleas of Cumberland County,
Pennsylvania at Civil Action No. 99-7802 on December 30,1999. The parties agree to execute
Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a
Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in hill force and effect after such time as a final decree in
divorce may be entered with respect to the parties. The parties agree that the terms of this
Agreement shall be incorporated into any Divorce Decree which may be entered with respect
to them and specifically referenced in the Divorce Decree. This Agreement shall not merge
with the divorce decree, but shall continue to have independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be defined as the
date upon which it is executed by the parties if they have each executed the Agreement on 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.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of the other
from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors, and estate from any claims arising by virtue of the marital relationship of the parties.
The above release shall be effective whether such claims arise by way of widow's or widower's
rights, family exemption, or tinder the intestate laws, or the right to take against the spouse's
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will, or the right to treat a lifetime conveyance by the other as testamentary or all other rightsi
of a surviving spouse to participate in a deceased spouse's estate, whether arising tinder the
laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other i
country.
Except for any cause of action for divorce which either party may have or claim to have,
each party gives to the other by the execution of this Agreement an absolute and unconditional
release form all claims whatsoever, in law or in equity which either party now has against the
other.
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial disclosure of
the other as an inducement to the execution of this Agreement. Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have right to have a court hold hearings and make decisions on the
matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party.
6. SEPARATION/NON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart.
They shall be free from any interference, direct or indirect, by the other in all respects as fully
as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on
and engage in any business, occupation, profession or employment which to him or her may
seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the
respective families of each other.
Page 3 of 12
7. REALPROPERTY.
HUSBAND was the owner of real property located at 6204 Crosswick Circle,
Mechanicsburg, Pennsylvania 17055 prior to the marriage. The distribution on this matter
includes consideration of the increase in value of this asset in the amount of $43,727.00. WIFE
hereby waives any marital interest which she may have to said real property.
8. DEBTS.
The parties had two credit card obligations at the time of separation. WIFE owes
$6,938.00 on Visa account number 4325-5370-0149-9673. WIFE shall assume this obligation and
shall indemnify and hold HUSBAND harmless from said debt. HUSBAND owes $9,738.00 on
Visa account number . HUSBAND shall assume this obligation and shall indemnify
and hold WIFE harmless from said account.
HUSBAND represents and warrants to WIFE that since the separation he has not, and
in the future he will not, contract or incur any debt or liability for which WIFE or her estate
might be responsible, and he shall indemnify and save WIFE harmless from any and all claims
or demands made against her by reason of such debts or obligations incurred by him since the
date of said separation, except as otherwise set forth herein.
WIFE represents and warrants to HUSBAND that since the separation she has not, and
in the future she will not, contract or incur any debt or liability for which HUSBAND or his
estate might be responsible, and he shall indemnify and save HUSBAND harmless from any
and all claims or demands made against him by reason of such debts or obligations incurred
by her since the date of said separation, except as otherwise set forth herein.
9. RETIREMENT BENEFITS.
WIFE is the owner of two retirement accounts with Mass Financial and Travelers Life
and Annuity which she owned prior to marriage with an increased value of $26,516.00.
HUSBAND hereby waives any right, title and interest which he may have to these retirement
funds.
Page 4 of 12
HUSBAND is the owner of a retirement account through his employer, which was
owned prior to marriage. The increase in value of this account is $146,620.00. HUSBAND
agrees to roll over $80,000.00 into a retirement account established by WIFE. The transfer is
intended to be a tax-free rollover. HUSBAND will provide all documentation necessary to
effectuate said transfer within 15 days of the execution of this Agreement. If the funds are not
transferred within 60 days of the execution of the Agreement, WIFE shall be entitled to interest
at the rate of 9% per annum which shall be paid in cash by HUSBAND at the time of the
rollover. Should a Qualified Domestic Relations Order (QDRO) be required, HUSBAND shall
solely bear the expense of the preparation and filing of this QDRO.
10. INVESTMENTS.
The parties were owners of various investment accounts which are fully marital.
Specifically, they owned funds with T. Rowe Price, AIM, Janus, and Vanguard. HUSBAND
liquidated the parties' Vanguard money market for $10,208.00 and shall be credited with such
for purposes of equitable distribution. WIFE shall retain the Internet fund, the T. Rowe Price
accounts, the Janus funds, and the Vanguard Growth Fund. HUSBAND hereby agrees waive
any right, title and interest to the above funds. HUSBAND shall retain the AIM fund with a
value of $1,027.03. WIFE hereby waives any right, title or interest in said fund, including any
increase post-separation. The parties shall execute any documentation necessary to effectuate
the transfer of said funds within 10 days of a request to do so. These funds shall be valued as
of June 30, 2001. WIFE shall receive the full balance of these funds at the time of distribution.
Should tlue fund balances be less than the amount necessary to effectuate at 65/35 division at
the time of distribution, the balance owed shall be paid to WIFE in cash within 60 days of the
execution of this Agreement.
11. BANK ACCOUNTS.
HUSBAND had a premarital account with PSECU which increased $36,692.00 during
the marriage. WIFE had a marital account with PSECU valued at $2,932.00. Each party shall
Page 5 of 12
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retain their individual accounts and waive any right, title and interest they may have to the
account(s) of the other.
12. LIFE INSURANCE.
HUSBAND shall maintain a $325,000.00 life insurance policy on his life, including a
pilot/flying rider, naming WIFE as the owner and beneficiary of said policy until such time
as Annie reaches 18 and graduates from high school. Said policy may be decreased in value
$25,000.00 per year with Annie's birthday serving as the anniversary date. WIFE shall receive
proof on an annual basis that this policy is being maintained by HUSBAND. In the event
HUSBAND dies without maintaining this policy, HUSBAND's estate shall be responsible for
the payment of $325,000.00 to WIFE. This paragraph shall constitute an immediate binding
obligation on HUSBAND's estate to pay the obligation before any other bequest is paid by
HUSBAND's estate.
13. PERSONAL PROPERTY.
Except as set forth here below, the parties hereto mutually agree that they have divided
all furniture, household furnishings and personal property between them in a manner
agreeable to both parties. The parties mutually agree that each party shall from and after the
date of this Agreement be the sole and separate owner of all tangible personal property in his
or her possession. HUSBAND shall retain the parties' 1995 Volvo station wagon with a value
of $13,500.00 and the 1965 Cessna Skylane with an increase in value of $15,229.00. WIFE
hereby waives any right, title and interest in said personalty.
14. CASH DISTRIBUTION.
HUSBAND and WIFE agree that WIFE shall receive 65% of the marital estate. To
effectuate this distribution, WIFE shall receive cash within 60 days of the execution of this
Agreement in an amount necessary to effectuate a 65/35 division. Should HUSBAND fail to
make this payment within 60 days of the execution of this Agreement, interest shall accrue at
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Page 6 of 12
a rate of 9% per armum• Husband also agrees to pay to WIFE $10,000.00 within thirty (30) days
of the execution of this Agreement.
15. SUPPORT.
Upon the entry of the divorce decree, WIFE hereby waives any right to alimony,
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alimony pendente lite, or spousal support, except in the event of bankruptcy as o in
paragraph #23. Flowever, WIFE shall be entitled to her share of HUSBAND's bonus earned
til the date of the entry of the divorce decree pursuant to the current
within 14 days Of
from January 1, 2001 un % of
support order. WIFE shall be entitled to 9 share will be nreduc d proaata by the number
HUSBAND's receipt thereof. This percentage
of days between January 1, 2001 and the entry of the decree. Husband also waives any right
to alimony, alimony pendente lite or spousal support. the c
Further, as part of equitable dental s sarince o WIFE with theesame benef tsast she
maintaining health, vision and currently enjoys, until September 30, 2002. obtain sep rate benefits coverage
shall
his employer. If said coverage is lost, FE of each make these insurance payments directly nc°eW increase in the cost of thehnsurance and WIFE monthgrees
HUSBAND shall be responsible for any ptember to provide HUSBAND notice of m COBRA cover ge until its expir Sion pursua0nt
2002, WIFE shall assume responsibility for the HUSBAND or taxable to
to law or upon her election. These costs shall not be deductible by
WIFE.
WIFE acknowledges receipt of the prior bonus amount of $18,237.00. Husband pai a
total of $20,776.00 towards this bonus amount and shall receive a credit of $2,539.00 as an
advance on equitable distribution to WIFE,
page 7 of 12
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16. CHILD SUPPORT.
Pursuant to the order of court dated November 3, 2000, docket #00-768, HUSBAND and
WIFE have agreed that child support will not be reduced until May 10, 2004. In the event
HUSBAND seeks to reduce the child support prior to that date and is successful, the difference
between the current support amount and the reduced amount shall be paid to WIFE as
equitable distribution on a monthly basis until May 10, 2004. Said payments shall not be
taxable to WIFE or deductible to HUSBAND. Should HUSBAND fail to make said payments
within 30 days of the entry of the new order, interest shall accrue at a rate of 12% per annum.
HUSBAND agrees to reimburse WIFE $661.50 at the time of execution of this
Agreement for his share of preschool and summer expenses. HUSBAND shall also pay the
13.5% of his net bonus within 14 days of HUSBAND'S receipt thereof.
17. CUSTODIAL ACCOUNT.
The parties have a Vanguard custodial account established for the benefit of their
daughter, Annie. Thus account shall be maintained for the sole benefit of their daughter. Both
parties shall be entitled to obtain copies of the account statements and will provide the other
with a copy of each statement upon receipt. These funds shall be used for Annie's education.
If Annie elects not to attend college, the funds shall be released to Annie at the age of 18 or as
otherwise mutually decided by the parties.
18. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees, costs
and expenses. Neither shall seek any contribution thereto from the other except as otherwise
expressly provided herein.
19. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all
reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if
Page 8 of 12
applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
obligation of any and all costs, expenses and reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights tinder this Agreement.
20. TAX PROVISIONS REGARDING JOINT FILINGS.
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.
21. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all marital and
non-marital property;
(b.) The right to obtain an income and expense statement of either party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules of Civil
Procedure; and
(e.) The right to have the court make all determinations regarding marital
and non-marital property, equitable distribution, spousal support,
alimony pendente lite, alimony, counsel fees and costs and expenses.
The parties specifically acknowledge and verify that this Agreement addresses all
marital property as defined by the Divorce Code. The parties verify that neither knows of any
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Page 9 of 12
additional asset or debt which should have been disclosed in this proceeding and have been
advised by their counsel as to the definition of marital property and the consequences for
failing to disclose such property.
22. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents
within 10 days of a request to do so.
23. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under State or Federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney
fees and costs incurred in the enforcement of this paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
regardless of Federal or State law to the contrary, and each party waives any and all right to
assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial reorganization
proceedings by either party in the future, any monies to be paid to the other party, or to a third
party, pursuant to the terms of this Agreement shall constitute support and maintenance and
shall not be discharged in bankruptcy. Any balance owed shall be amortized over five (5)
years and paid in monthly installments to WIFE. Said installments shall not be includable as
income to WIFE or tax deductible to HUSBAND.
Page 10 of 12
24. 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.
25. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
26. 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.
27. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any ambiguity
herein, the parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day
first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of 134uly executed copy hereof.
A& e,-- &==?' -
Beth R. Gilf rt e)
Witness
Page 11 of 12
COMMONWEALTH OF PENNSYLVANIA : SS.
COUNTY OF CUMBERLAND
On the d 3 f c day of 2001, before me, a Notary
Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally
appeared Beth R. Gilfert, known to me (or satisfactory proven) to be one of the parties
executing the foregoing instrument, and she acknowledges the foregoing instrument to be her
free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and
year first above written.
Not- Public
my Micnellc M.. I.- ver, Notary C mmission ft "V Public
Camp Hill Horo. Cumberland County
My Commission Lxpires July I I, 2005
K%mtw,pWmyNenlaAesddallanof Notarlee
COMMONWEALTH OF SS.
COUNTY OF CLM,'?
On the .21r" day of I ask 2001, before me, a Notary
Public in and for the Commonwealh pA the undesigned officer, personally
f
appeared John D. Gilfert, known to me (or satisfactory proven) to be on of the parties
executing the foregoing instrument, and he acknowledges the foregoing instrument to be his
free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and
year first above written.
Y l4?`7? d Lt C ?IAe..
Notary Public
My Commission Expires:
Notatlal Senl
0abonm L 0renneman, Notary Public
Comp HIII 0oro, Cumbedend County
My Commission Explms Juno 10, 2002
Mambor ponnsyl',anin A57ocmbon o1 Nolurlee
Page 12 of 12
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BETH R. GILFERT,
Plaintiff
V.
JOHN GILFERT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7802
CIVIL ACTION - LAW
IN DIVORCE
PRAFCIPF TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
I . Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: Service was accepted by the Defendant
on the 2n' day of February, 2000, by certified mail, return receipt requested, receipt number
Z 566 893 864.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Beth R. Gilfert, Plaintiff, on August 28, 2001; by John Gilfert, Delcndnnt, on August
24,2001.
4. Related claims pending: Settled by Agreement dated August 23, 2001.
5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: August 30, 2001
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: August 30, 2001
Respectfully submitted,
REAGER & ADLER, PC
Dated: C l 1 I By:
I 1 DE SO CANTOR, ESQUIRE
1. D. No. 279
2331 Market Street
Harrisburg, PA 17011
(717) 763-1383
Attorneys for Plaintiff
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BETH R. GILFERT,
Plaintifl'
V.
JOHN GILFERT,
Defendant
I),?,?nbn JM lvY?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9 Q- 'jF'( ,Z Ccvc
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a Decree of Divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you.
When the ground for divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the office of the Prothonotary at the Cumberland County 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
u%w„m1"DING01fr u..,.as o.,111M.W W. W,
BETH R. GILFERT, IN THE COURT OF COMMON PLEAS
Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. %902L?u-QTi-
JOHN GILFERT, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
Plaintiff is BETH R. GILFERT, who has resided at 793 Scenic Circle, New
Cumberland, Cumberland County, Pennsylvania, for the last two months.
2 Defendant is JOHN GILFERT, who has resided at 6204 Crosswick Circle,
Mechanicsburg, Cumberland County, Pennsylvania, for the last eight years.
3 Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six (6) months immediately previous to the filing of this
Complaint.
4 The Plaintiff and Defendant were married on May 7, 1994, in Harrisburg,
Pennsylvania.
5 There have been no prior actions of divorce or for annulment between the
parties.
6 Neither of the parties in this action is presently a member of the Armed
Forces.
7 The Plaintiff and Defendant are both citizens of the United States.
u ner4'?.urnaacvsn m,?,,, nmpnm wry
ne,rn?ber iq ,mn
Plaintiff has been advised of the availability of marriage counseling and that
she may have the right to request the Court to require the parties to participate in such
counseling. Being so advised, Plaintiff does not request that the Court require the parties
to participate in counseling prior to a divorce decree being handed down by the Court.
COUNT I - DIVORCE
9 Plaintiff avers that the grounds on which the action is based are as follows:
a. That Defendant has offered such indignities to Plaintiff, the injured
and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable;
b. The marriage is irretrievably broken under Section 3301(c) of the
Divorce Code; and
C. The marriage is irretrievably broken under Section 3301(d) of the
Divorce Code and at such time as the Plaintiff and Defendant have been living separate
and apart for a period in excess of two (2) years, Plaintiff will file the appropriate
Affidavit.
COUNT II - ALIMONY, ALIMONY PENDENTE LITE,
ATTORNEY'S FEES AND COSTS
10 Plaintiff lacks sufficient property to provide for her reasonable needs.
I I Plaintiff is unable to sufficiently support herself through appropriate
JI %W'kTcmmNnrwm
employment.
12 Defendant has sufficient income and assets to provide continuing support
for the Plaintiff.
13 By reason ofthis action. Plaintifl'will be put to considerable expense in the
preparation of her case in the employment of counsel and the payment of costs.
14 Plaintiff is without sufficient funds to support herself and to meet the costs
and expenses of this litigation and is unable to appropriately maintain herself during the
pendency of this action.
15 Plaintiffs income is not sufficient to provide for her reasonable needs and
pay her attorney's fees and the costs of this litigation.
16 Defendant has adequate earnings to provide for the Plaintiffs support and to
pay her counsel fees, costs and expenses.
COUNT III - EQUITABLE DISTRIBUTION
17 During the marriage, Plaintiff and Defendant have acquired various items of
marital property, both real and personal, which are subject to equitable distribution under
Chapter 35 of the Divorce Code.
WHEREFORE, Plaintiff requests this Honorable Court:
a. Enter a decree of divorce;
b. Equitably distribute all property, both personal and real, owned by
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the parties,
c. Compel Defendant to pay alimony pendente lite to Plaintiff;
d. Grant Plainti IT attorney's fees and costs;
e. Compel Defendant to pay alimony to Plaintiff;
[) en ba 3'. 0",
Grant such further relief as the Court may deem equitable and just.
Respectfully Submitted,
Dated: December 29, 1999
111??Vl::?-
Der A. n Cantor, Esquire for
Maria P. Coenetti. Esquire
Sup. Ct.
P.O. Bo:
Harrisbl
(717) 23
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VERIFICATION
I, BETH R. GILFERT, 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.
138TH R. GILPERT
DATE: Nagl(n
I
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BETH R. GILFERT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-7802 CIVIL
JOHN GILFERT, 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
December 30,1999.
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 unswom
falsification to authorities.
Date: 8-?6-o/
"Lv
Beth R. ilfert
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BETH R. GILFERT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-7802 CIVIL
JOHN GILFERT, 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
December 30,1999.
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 N.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: v1dV/ /
John Gilfert
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BETH R. GILFERT,
Plaintiff
V.
JOHN GILFERT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7802 CIVIL
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
unworn falsification to authorities.
Date: F-?-01
Beth R. Gilfert \
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BETH R. GILFERT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-7802 CIVIL
JOHN GILFERT, : CIVIL ACTION - LAW
Defendant : 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: Old y/0 %Ij
John Gilfert
p:.
REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp [-fill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plaintiff
BETH R. GILFERT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOHN GILFERT,
Defendant
NO. 99-7802 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND
Before me, the undersigned Notary Public, this day, personally appeared Maria P. Cognetti, Esquire,
attorney for the Plaintiff, to me known, who being duly sworn according to law, deposes the following:
I, Maria P. Cognetti, Esquire, being duly sworn according to law, depose and state that
service of the Complaint in Divorce in the above-captioned matter was served by Certified
Mail, Return Receipt Requested, on Defendant, John Gilfert, 6204 Crosswick Circle,
Mechanicsburg, Pennsylvania, 17055 on February 2, 2000. The Certified Receipt is
attached herelo as "Exhibit A."
REAGER, ADLER & COGNETTI, P.C.
By:
MARIA . COGN • I, ESQUIRE
Subscrib? and swop to before me
this day of -e2000.
61
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NN ary Public Li
Notarial Seal
Karon A. Sheriff, Notary Public
Harrisburg, Dauphin County
My Commiss!on Expires March 9. 2002
Member, Peansytvania Assoclatlon of Notaries
I.:
Exhibit A
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» O Complete items I and/or 2 for adddional SeMCes.
u Complete, items 3.4a, and 4b.
d O Pent your name and address an the averse of this loam W that we can return this
> wad to you.
is O Mach INS loam to the them of the mailptece, or on the back it space does awl
m pomit.
t 0Wall, Term Rocorpf Repuesfeebn the mailpiew below the anitle number.
13 The Return Receipt will show to whom the article was delivered and the date
o delivered.
v 3. Article Addressed to: 4a. Article N
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I also wish to receive the follow.
ing services (for an extra fee):
1- ? Addressee's Address
Z• ? Restricted Delivery
? ? press Mail 5
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J 1 ?O ic) r 7. Dale of Deliv r?
S. Received By: (Print Name) 8. Atltlressee's Atl srw?
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BETH R. GILFERT,
Plaintiff
V.
JOHN GILFERT,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7802
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
The Social Security number of the Plaintiff, Beth R. Gilfert, is 179-58-9125.
The Social Security number of the Defendant, John D. Gilfert, is 208-38-6604.
Respectfully submitted,
REAGER & ADLER, PC
Dated: 111\C)? By:
1. D I N CANTOR, ESQUIRE
I. 15-N . 7914
2331 Market Street
Harrisburg, PA 17011
(717) 763-1383
Attorneys for Plaintiff
Il'niiF?
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. aR/??d2 CIVIL 19
IN DIVORCE
STATUS SHEET
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BETH R. GILFERT,
Plaintiff
VS.
JOHN GILFERT,
Defendant
TO: Debra Denison Cantor
P. Richard Wagner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 7802 CIVIL
IN DIVORCE
, Attorney for Plaintiff
, Attorney for Defendant
DATE: Tuesday, September 5, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
,3E COUP-r 7? CorR"ON PLEAS OF
CL:9ERL.,NID COMM, PVRISYLIVIU A.
BETH R. GILFERT
VS.
JOHN GILFERT
Plaincilf
110. 7802 Civil 19 99
endanc), moves the court co appoint
a master .with :espect co the follgw{-ng claims: (..) Dist-{bution of '=Dert?
(X) Divorce
( )
Support
( ) Annulment (X) Counsel ?ees
(X)
(X) 1limony
Alimony Pendence Lite ( ) Costs and Expenses
and in support of :he motion states:
(1) Discovery is comP.iete as to the c'_ai=s(s) for which the
appointment of a master is requested.
Plaintiff (2) The ks866eas (has) gxm=x) appear=_d in the action 974rsmtgat t, g
!by his attorney Debra Denison Cantor =squire).
,
(3) The stacsr_ad(s) for divorce
3301(c) (a) The action is lot concastad.
(b) An agreement has been reached wirh respect to the
following claims:
(c) The action is contested :rich respect to the 'oilawing
claims; the above 11 (3) The action tE7:x'dni MAR) (does aoc involve) comniex sues of law
or :act.
(5) The hear-:mg is expected to take
(7) idd'tl in_or'ation, i_ any-
None
Date: 8/21/00
P. Richard Waotner (Defendant)
ORDER A.p°OI`1 IMG MA-M-1
ofi? Esquire,
AND NOW ACCAI?I is appointed mast _ •r'th respect to roe `ollow4=9 claims:
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one X:Kd&b) (days) .
ac cc :he motion:
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BETH R. GILFERT,
Plaintiff
V.
JOHN GILFERT,
Defendant
TO THE PROTHONOTARY:
IN THE COURT' OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-7802 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO REINSTATE
Kindly reinstate the Complaint in Divorce heretofore filed in this matter.
Respectfully Submitted:
REALER, ADLER & COGNETTI, PC
Date: January 20, 2000 By:
MARIA . CO TTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorney for Plaintiff
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BETH R. GILFERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - SUPPORT
DOMESTIC RELATIONS SECTION
JOHN D. GILFERT, NO. 938 SUPPORT 1999
Defendant DR 29,130
ORDER OF COURT
AND NOW, this 4th day of August, 2000, upon
consideration of the Plaintiff's complaint or complaints in the
above-captioned matter and of Plaintiff's appeal from the
existing order in this case, and pursuant to an agreement
reached between the parties in accordance with a letter dated
August 3, 2000, from Plaintiff''s counsel, addressed to the
Honorable Edgar B. Bayley, a copy of which is attached to this
Order, the Domestic Relations office is directed to prepare an
Order or Orders for the Court's signature in accordance with the
terms of the agreement of the parties.
By the Court,
F
Debra Denison Cantor,
Attorney for Plaintiff
P. Richard Wagner, Esquire
Attorney for Defendant
DRO
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08/03/2808 15:56 2325775
14ARIA P COGNETTI ESO
AT
RTORNREYS ADINDCODUNSEELORS TLAWC
2331 MARKET STREET
CAhiP HILL, PENNSYLVANIA 17011.4642
TELEFAx 717.000.4333
W EDSITE: ReagerAdletPC-Canl
THEODORE A. ADLER +
DAVID W. READER
t4ARIA P. COGNETTI ++
LINUS E. FENICLE
OEDnA DENISON CANTOR
Wiilera E•Mail Addrepa'. ddanlsoneapls.nel
VIA FACSIMILT (240-646
AM u? V REGULAR MAIL
The Honorable Edgar B. Bayley
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
August 3, 2000
Re: GILFERT V. GILFL•RT
No. 99-7802 IN DIVORCE
THOMAS O. W ILLIAMS
SUSAN H. CONFAIR
_ Cpadled Civi Tnal SDaeiaasl
.. Fel'au. Am kaa ACaCcmy
el MdtrlMn:al LawYEls
Dear Judge Bayley:
ter have resolved the support Appeal scheduled
The parties in the above-captioned mat
for Friday, August 4 at 10:30 a.m. Counsel is requesting that you dictate an order incorporating
the following terms:
, Defendant is assessed a net monthly income of Ten Thousand Eight Hundred and
1 Two Dollars assessed a net me , Three Thousand Sixteen Dollars and Ninety Six
Fifty T
Cents ($3,019.96) is comprised of a base salary, the remainder is paid in bonuses.
2. Plaintiff is assessed a net monthly income of Sixty Dollars (560.00).
3, On a biweekly basis, Defendant shall pay to Plaintiff the sum of Seven Hundred
Dollars ($700.00) per month in child support ($670.00 plus $30.00 on arrears),
and Six Hundred and Eighty Nine Dollars ($6S9.00) per month in apl.
4. Upon receipt of his bonus, Defendant shall provide Plaintiff with a copy of his
check.
08/03/2000 15:56 2325775 MARIA P COGNETTI ES'rJ F':,GE U2
Letter to the Honorable Edgar B. Bayley
August 3, 2000
Page 2
Within seven (7) days of receipt of the bonus. Defendant shall pay to Plaintiff
Thirteen and One-Half Percent (13.5`70) of the net bonus as child support and
Twenty Nine Percent (29%) of the bonus as apl. Only mandatory deductions may
be taken in calculating the net bonus amount.
6. Plaintiff agrees that Defendant's current outstanding arrearage for apl totals
Sixteen Thousand Eight Hundred Dollars ($16,800.00). These arrears will be paid
within seven (7) days and shall be paid concurrently with the payment of
Defendant's next bonus which will be paid on August 11, 2000. If the bonus is
delayed, the payment on arrears shall be paid no later than August 11, 2000.
7, The effective date of the apl order is August 4, 2000.
8. The remaining terms of the Court Order dated December 29, 1999 remain in
effect.
Rich Wagner concurs with this request and may be contacted at (717)234-7051.
Very t y yours,
I
ra D Cantor
DDC/aag
cc: Beth Gilfert
Rich Wagner
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DR 29,966
PACSES ID 878102566
13I7111 R. GILPERT,
Plaintiff/I'elilioner
IN'T'lIE COURT OF COMMON PLEAS
CUMBERLAND COUN'T'Y, PENNSYLVANIA
VS.
JOHN D. GILITRT,
Defendant /Respondent
: DOMESTIC RELA'T'IONS SECTION
: CIVIL ACTION - LAW
NO. 99-7802 CIVIL TERM
ORDER OF COURT
AND NOW, this 16°i day of August, 2000, based upon the Court's determination that
Petitioner's monthly net income/earning capacity is $60.00 per month and Respondent's monthly net
income/earning capacity is $10,852.00 per month, it is hereby Ordered that the Respondent pay to the
Pennsylvania State Collection and Disbursement Unit, $689.00 a month payable monthly as follows;
$689.00 for alimony pendente lite and $0.00 on arrears. First payment due upon receipt of this order
and thereafter on or before the 10°i day of each month. Arrears set at $689.00 as of August 16, 2000.
The effective date of the order is August 4, 2000.
Defendant shall pay to wife twenty-nine percent (29%) of any net bonus within seven (7) days
of receipt of said bonus for the alimony pendente lite order.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds,
after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the PA SCDU to: Beth R. Gilfert. Payments must be made
by check or money order. All checks and money orders must be made payable to PA SCDU and
mailed to:
PA SCDU
P.O. Box 691 10
Harrisburg, PA 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
I , h
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the
respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in
unreimbursed medical expenses. Neither party to provide medical insurance coverage.
This Order shall become final ten days after the mailing orthe notice orthe entry orthe Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court.
DRD: It. J. 3hadda`• BY THE COURT,
Mailed copies on Pelilioner
r . (le) In: < Respondent
Dehm Denison Ciuuor, lisgoire
1'. Itichard Wagner, Isyuine
1
Aesleyer, J
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ORDER)NOTICE TO WITHHOLD INCOME FOR SUPPORT
2?k . 9-i y J 119 n 0Original Ordrr/Nolicc
State commonwealth of Pennsylvania IPSt s &`1d/0/(cLr7 O Amended Onler/Nolim
Co./City/Dist. of CUMBERLAND -?7 r?
Date of Order/Notice 08/16/00 _bn• 9Cf"7go> eV /O Terminahr Onler/Notice
Court/Case Number (See Addendum for case summary)
Employer/Wilhlxdder's Federal EIN Numlx•r
ZLOTOFF & ASSOCIATES
Employer/Withlxdder's Name
3600 TRINDLE RD
lhlwer's Addnss
Employer/Wi ld
CAMP HILL PA 17011-4331
D'Z .9fr
RE: GILFERT, JOHN D.
Emplnyrr/OLligor's Name (Last, Firs6 MI)
208-3E-6604
Empluyrelpblignr's Social tiocurity Numlxs
1 7181100414
Employer/Ohligor's Case ldenlifier
(See Addendum for plaintiff names associated with cases on attachment)
Ctoodial Pan•nl's Namv (Last, First, ,till)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 1.359.00 per month in current support
$ 30. o0 per month in past-due support Arrears 12 weeks or greater? Qyes ® no
$ 0.0o per month in medical support
$ 0 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 1, 389.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 320.54 per weekly pay period.
$ 641. oe per biweekly pay period (every two weeks).
$ 694.50 per semimonthly pay period (twice a month).
$ 1.309. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
DRO: R.1 Shadday BY THE COURT:
xc: deferdant XLED
Date of Order: August 17, 2000
J Jes ey Eller, Jr E
Form EN-028
Worker ID $IATT
s+
Service Type M ['MIn 44n.: ale. 12,31100
.n6.Wn, Un¢
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked You Jre squired to provide a copy of this foon to your employee.
Priority: Withholding under this Order/Notice has priority over any other legal proce55 under $tnY. law .IgJlllSr the same income..
Federal tax levies in effect deface receipt of this order have priority. If there are Federal tax levies in "fli"t1 please contact the requesting
agency listed below.
, Combining Paynnrnts; You can combine withheldanioJnIq front inure that, on mill(the single )paymenr l ih•u l is attributable. to see 2 ent
to each agency requesting withholding. You must however, p ralt-lY
each etnployeeJobligor.
3,• -Reporting-the-Paydate/Date.-of-VNithholding-Ynu-must report the paydateJdateofwithhnldingwhen srndingthe.-paYmeaw oft -
PJte ote/dete- f withholding girth principal plaice of ent•ploymeN with re. pert tta the time periods within twhichtyou•nu ct intlplemeot rhehe
withholding order and forward the support paynlents•
4,• Employee/obligor with Multiple Support Holdings: If there is more, than one. Order/Notice to Withhold income for Support
you rntust
agaittsr this employeeJobligor and you are unable to honor all place support Order/Notices due to Federal or Slate withholding le greatest y
follow the law of the state of employee.'s/obligor s principal of enlployolent. You must honor all Orrs/Notitxs to the greatest
extent possible. (See #9 below)
x You must promptly notify the Requesting Agency when the enlployee%bligor is no longer working for
Tem. (See Notification:
you. Please provide the information requested and return a copy of this Order/Notice to the AgeocY identified below.
WITHHOLDER'S ID: 2635100102 OILFERT JOHN D.
EMPLOYEE'S/OBLIGOR'S NAME:
DATE OF SEPARATION:?-
EMPLOYEE'S CASE IDENTIFIER: 7181100414
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS: s. 1
erson or authority rbel( 1V1 as bonuses, commissions, (it
Lunlp Sun, pay. If you In;nvelJtny qYou May be, uestions atx/uttlwn pts II11pPJYn1( Ots,ltcml Jett tile•p111111P U
severance
7• Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the ennsyly nia tmount you should State law.
other aoless the obligor is temployecd eelobliher State,olin wh'?dCh casePhe law oftile state tin which lie or she isP nlployedgovernslaw governs
charging all employee/obligor ram
g, Antidiscrimination: You are subject to a fine determined under State e law for dis withholding.
employment refusing to employ, or taking disciplinary action JgJlllst any em toYee/obligor because of a nor
tile State
en t, obligor is employed in another State, in which case the law of the State in which lie or she is
niployni State law governs unless the
employed governs.
q • Withholding Limits: You nnay not withhold more than tile. lesser of: 1) the amo lice, unts allowed by the FederJl Consumer Credit
nL
Tile rott Feder I limit appli s m1167 aggregaor 2) the olourts te di poeablr. weekly a nhnge (AD\VEL tADWE isle a net) lxonelelft after nnakung mandatory
P
deductions such as: State, Federal, local taxes; Sarial Securitytaxes; and A1edicJre taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these item)` you or your employee/obligor have any questions,
Requesting Agency: contact WAGE ATTACHMENT UNIT
DOMESTIC RELATIONS SECTION by telephone at (717) 240-(1225 or
by FAX at (717) 740-6748 or
ARi I LE PA 170111 Ii by Internet
Form EN-028
Page 2 of 2 Worker ID $IATT
Service Type m u nm.:uCOni3
1 •pLainn P.nn I!.'1 Von
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: GILFERT, JOHN D.
PACSES Case Nlllllher 642101667/3Z"?/ 30 PACSES Case Number 878102566/JC/,2&6-
Plaintiff Name. Plaintiff Name
BETH R. GTLFERT BETII R. GILFERT
Docket Attachment Amount Milker Atta chment Amount
00938 8 1999 $ 700.00 99-7802 CIVIL$ 689.00
Child(ren)'s Nanle(s): DOB Child(ren)'s Name(s): DOB
ANNA R. GILFERT 08/08/96
? If checked, you are required to enroll the child(ren)
identified above ill any health insurance coverage available
through the employee's/obligor's employment.
PAGES Case. Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Nanle(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligors employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?If rherked, you are required to enroll flip. children)
identified above in ally health insurance coverage available
through the employee's/obligors employment.
PACSES Case Number
Plaintiff Name
Dnrket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?I(checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employmem.
PACSES Case Number
Plaintiff Name
Dorket Ayarhnlent Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren) ?Ifrhe(ked, you are required to enroll the child(ren)
identified above Itl filly health insurance coverage available ide uiliied above ill ally health insurance coverage available
through the employee's/obligors employment, through the employee's/obligor's employment.
Addendum Form EN-028
Service Type M Worker ID $IATT
(Aril \n.: 119,•n.0154
rpiuliun ILr,•: II/J Pin
W.
LAW OFFICE5
MANCKE, WAGNER, HERSHEY & TULLY
JOHN B. MANCKE 2233 NORTH FRONT STREET
P. RICHARD WAGNER
DAVID E. HERSHEY HARNISBUNO• RA J7110
WILLIAM T. TULLY
September 18, 2000
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Gilfert v. Gilfert
Zygay v. Zugay
Carr v. Carr
Dear Mr. Elicker:
AREA CODE 717
234.7031
Enclosed herein please find the certification forms on the above-captioned
matters.
Your attention is appreciated.
PR W/dks
Enclosures
BETH R. GILFERT,
Plaintiff
V5.
JOHN GILFERT,
Defendant
IN THE COURT OF COMMON
NNPLEAS IF
CUMBERLAND COUNTY,
N0. 99 - 7802 CIVIL
IN DIVORCE
Attorney for Plaintiff
TO: Debra Denison Cantor
Attorney for Defendant
P. Richard Wagner
DATE: Tuesday, September 5, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is requireset at is not
complete in order toprepare outstanding
and indicate whether there are any motions.
interrogatories or discovery
The Defendant herein is aware Pl mtiff assets has notdimliabilities of the parties dertaken any request ford
desires no undertaking of discovery.
discovery, and therefore, the matter needs to move forward since dente littiff has
availed herself of the complaint process to secure alimony p .
5-i
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Trro DATE
j;
PLAINTIFF ( )
COUNSEL FOR DEFENDANT
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
I'
REAGER, ADLER & COGNETTI, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011.4642
717.763.1383
TELEFAX 717-909-4333
W EBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
MARIA P. COGNETTI ++
LINUS E. FENICLE
DEBRA DENISON CANTOR
Writer's E-Mail Address. ddenisonCepix.net
September 11, 2000
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: GILrERT v. GILFERT
Our rile No. 00-048
No. 99-7802 CIVIL
IN DIVORCE
Dear Bob:
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
+ Certified Civil Trial Specialist
++ Fellow, American Academy
of Matrimonial Lawyers
Enclosed please find Plaintiff's Discovery Certification. At this time, we have not
engaged in discovery in the above-captioned matter. As Defendant has in his possession the
majority of all property and/or debt information in this case, it is my intention to issue formal
discovery within the next two (2) weeks. Assuming that Dr. Gilfert responds to this discovery, I
would imagine that all discovery exchanges would be completed within the next sixty to seventy-
five days.
This letter also serves as a reminder that I will be out on maternity leave, assuming all
things go as planned, from the end of October through February. Under the current employment
circumstances of our firm, I will have no one in a position to be able to pre-try and/or try my
cases during this time. Therefore, I would ask that any pre-trial directive in this matter be due no
earlier than February of 2001 and that a pre-trial be scheduled thereafter. I have already
discussed this time-line with Rich Wagner, as well.
E. Robert Elicker, 11, Divorce Master
September 11, 2000
Page 2
Please do not hesitate to contact me with any questions or comments that you may have.
Yourattention is appreciated.
Very truly yours, 7
Debra Denison Cantor
DDC/aag
Enclosure
cc: Beth Gilfert
BETH R. GILFERT,
Plaintiff
Vs.
JOHN GILFERT,
Defendant
TO: Debra Denison Cantor
P. Richard Wagner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 7802 CIVIL
IN DIVORCE
Attorney for Plaintiff
Attorney for Defendant
DATE: Tuesday, September 5, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
A
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
g/lx/00
ATE SEL PLAIIQTIFF ( )
C NS EL R DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
F-.--
BETH R. GILFERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 7802 CIVIL
JOHN D. GILFERT,
Defendant IN DIVORCE
ORDER OF COURT
y -A
AND NOW, this day of rlY
2001, the economic claims raised in the proceedings having
been resolved in accordance with a marital settlement
agreement dated August 23, 2001, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
gkF E. Not fer, P J.
Geo
CC: Debra Denison Cantor
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
)y?
?;.r rig I: J
cU,;:3i_: COU01
FciNN'SfLVAI\I[A
9 q . *2 80;L,
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this -Z day of ? s / 2001, by and between
Beth R. Gilfert of Camp Hill, Cumberland County, Pennsylvania, (hereinafter "WIFE") and
John D. Gilfert of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter
"HUSBAND");
WITNESSETH:
WHEREAS, the parties hereto were married on May 7, 1994, in Harrisburg,
Pennsylvania; and
WHEREAS, the parties have one child of this marriage, namely Anna R. Gilfert; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire
of Reager & Adler, PC. HUSBAND is represented by P. Richard Wagner, Esquire.
The parties further declare that each is executing the Agreement freely and voluntarily
having either obtained sufficient knowledge and disclosure of their respective legal rights and
obligations, or if counsel has not been consulted, expressly waiving the right to obtain such
knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not
the result of any fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they shall
secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce
action was filed by WIFE with the Court of Common Pleas of Cumberland County,
Pennsylvania at Civil Action No. 99-7802 on December 30,1999. The parties agree to execute
Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a
Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties. The parties agree that the terms of this
Agreement shall be incorporated into any Divorce Decree which may be entered with respect
to them and specifically referenced in the Divorce Decree. This Agreement shall not merge
with the divorce decree, but shall continue to have independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be defined as the
date upon which it is executed by the parties if they have each executed the Agreement on 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.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of the other
from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors, and estate from any claims arising by virtue of the marital relationship of the parties.
The above release shall be effective whether such claims arise by way of widow's or widower's
rights, family exemption, or under the intestate laws, or the right to take against the spouse's
Page 2 of 12
will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights
of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other
country.
Except for any cause of action for divorce which either party may have or claim to have,
each party gives to the other by the execution of this Agreement an absolute and unconditional
release form all claims whatsoever, in law or in equity which either party now has against the
other.
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial disclosure of
the other as an inducement to the execution of this Agreement. Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have right to have a court hold hearings and make decisions on the
matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party.
6. SEPARATION/NON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart.
They shall be free from any interference, direct or indirect, by the other in all respects as fully
as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on
and engage in any business, occupation, profession or employment which to him or her may
seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the
respective families of each other.
Page 3 of 12
REAL PROPERTY.
HUSBAND was the owner of real property located at 6204 Crosswick Circle,
Mechanicsburg, Pennsylvania 17055 prior to the marriage. The distribution on this matter
includes consideration of the increase in value of this asset in the amount of $43,727.00. WIFE
hereby waives any marital interest which she may have to said real property.
8. DEBTS.
The parties had two credit card obligations at the time of separation. WIFE owes
$6,938.00 on Visa account number 4325-5370-0149-9673. WIFE shall assume this obligation and
shall indemnify and hold HUSBAND harmless from said debt. HUSBAND owes $9,738.00 on
Visa account number . HUSBAND shall assume this obligation and shall indemnify
and hold WIFE harmless from said account.
HUSBAND represents and warrants to WIFE that since the separation he has not, and
in the future he will not, contract or incur any debt or liability for which WIFE or her estate
might be responsible, and he shall indemnify and save WIFE harmless from any and all claims
or demands made against herby reason of such debts or obligations incurred by him since the
date of said separation, except as otherwise set forth herein.
WIFE represents and warrants to HUSBAND that since the separation she has not, and
in the future she will not, contract or incur any debt or liability for which HUSBAND or his
estate might be responsible, and he shall indemnify and save HUSBAND harmless from any
and all claims or demands made against him by reason of such debts or obligations incurred
by her since the date of said separation, except as otherwise set forth herein.
9. RETIREMENT BENEFITS.
WIFE is the owner of two retirement accounts with Mass Financial and Travelers Life
and Annuity which she owned prior to marriage with an increased value of $26,516.00.
HUSBAND hereby waives any right, title and interest which he may have to these retirement
funds.
Page 4 of 12
HUSBAND is the owner of a retirement account through his employer, which was
owned prior to marriage. The increase in value of this account is $146,620.00. HUSBAND
agrees to roll over $80,000.00 into a retirement account established by WIFE. The transfer is
intended to be a tax-free rollover. HUSBAND will provide all documentation necessary to
effectuate said transfer within 15 days of the execution of this Agreement. If the funds are not
transferred within 60 days of the execution of the Agreement, WIFE shall be entitled to interest
at the rate of 9% per annum which shall be paid in cash by HUSBAND at the time of the
rollover. Should a Qualified Domestic Relations Order (QDRO) be required, HUSBAND shall
solely bear the expense of the preparation and filing of this QDRO.
10. INVESTMENTS.
The parties were owners of various investment accounts which are fully marital.
Specifically, they owned funds with T. Rowe Price, AIM, Janus, and Vanguard. HUSBAND
liquidated the parties' Vanguard money market for $10,208.00 and shall be credited with such
for purposes of equitable distribution. WIFE shall retain the Internet fund, the T. Rowe Price
accounts, the Janus funds, and the Vanguard Growth Fund. HUSBAND hereby agrees waive
any right, title and interest to the above funds. HUSBAND shall retain the AIM fund with a
value of $1,027.03. WIFE hereby waives any right, title or interest in said fund, including any
increase post-separation. The parties shall execute any documentation necessary to effectuate
the transfer of said funds within 10 days of a request to do so. These funds shall be valued as
of June 30, 2001. WIFE shall receive the full balance of these funds at the time of distribution.
Should the fund balances be less than the amount necessary to effectuate at 65/35 division at
the time of distribution, the balance owed shall be paid to WIFE in cash within 60 days of the
execution of this Agreement.
11. BANK ACCOUNTS.
HUSBAND had a premarital account with PSECU which increased $36,692.00 during
the marriage. WIFE had a marital account with PSECU valued at $2,932.00. Each party shall
Page 5 of 12
retain their individual accounts and waive any right, title and interest they may have to the
account(s) of the other.
12. LIFE INSURANCE.
HUSBAND shall maintain a $325,000.00 life insurance policy on his life, including a
pilot/flying rider, naming WIFE as the owner and beneficiary of said policy until such time
as Annie reaches 18 and graduates from high school. Said policy may be decreased in value
$25,000.00 per year with Annie's birthday serving as the anniversary date. WIFE shall receive
proof on an annual basis that this policy is being maintained by HUSBAND. In the event
HUSBAND dies without maintaining this policy, HUSBAND's estate shall be responsible for
the payment of $325,000.00 to WIFE. This paragraph shall constitute an immediate binding
obligation on HUSBAND's estate to pay the obligation before any other bequest is paid by
HUSBAND's estate.
13. PERSONAL PROPERTY.
Except as set forth here below, the parties hereto mutually agree that they have divided
all furniture, household furnishings and personal property between them in a manner
agreeable to both parties. The parties mutually agree that each party shall from and after the
date of this Agreement be the sole and separate owner of all tangible personal property in his
or her possession. HUSBAND shall retain the parties' 1995 Volvo station wagon with a value
of $13,500.00 and the 1965 Cessna Skylane with an increase in value of $15,229.00. WIFE
hereby waives any right, title and interest in said personalty.
14. CASH DISTRIBUTION.
HUSBAND and WIFE agree that WIFE shall receive 65% of the marital estate. To
effectuate this distribution, WIFE shall receive cash within 60 days of the execution of this
Agreement in an amount necessary to effectuate a 65/35 division. Should HUSBAND fail to
make this payment within 60 days of the execution of this Agreement, interest shall accrue at
Page 6 of 12
a rate of 9% per annum. Husband also agrees to pay to WIFE $10,000.00 within thirty (30) days
of the execution of this Agreement.
15. SUPPORT.
Upon the entry of the divorce decree, WIFE hereby waives any right to alimony,
alimony pendente lite, or spousal support, except in the event of bankruptcy as outlined in
paragraph #23. However, WIFE shall be entitled to her share of HUSBAND's bonus earned
from January 1, 2001 until the date of the entry of the divorce decree pursuant to the current
support order. WIFE shall be entitled to 29% of the net bonus to be paid within 14 days of
HUSBAND's receipt thereof. This percentage share will be reduced pro rata by the number
of days between January 1, 2001 and the entry of the decree. Husband also waives any right
to alimony, alimony pendente lite or spousal support.
Further, as part of equitable distribution, HUSBAND agrees to pay the cost of
maintaining health, vision and dental insurance of WIFE with the same benefits as she
currently enjoys, until September 30, 2002. HUSBAND shall pay for COBRA coverage through
his employer. If said coverage is lost, WIFE shall obtain separate benefits and HUSBAND shall
make these insurance payments directly to WIFE no later than the fifth day of each month.
HUSBAND shall be responsible for any increase in the cost of the insurance and WIFE agrees
to provide HUSBAND notice of any increase within 10 days of receipt. Upon September 30,
2002, WIFE shall assume responsibility for the COBRA coverage until its expiration pursuant
to law or upon her election. These costs shall not be deductible by HUSBAND or taxable to
WIFE.
WIFE acknowledges receipt of the prior bonus amount of $18,237.00. Husband paid a
total of $20,776.00 towards this bonus amount and shall receive a credit of $2,539.00 as an
advance on equitable distribution to WIFE.
Page 7 of 12
i
16. CHILD SUPPORT.
Pursuant to the order of court dated November 3, 2000, docket #00-768, HUSBAND and
WIFE have agreed that child support will not be reduced until May 10, 2004. In the event
HUSBAND seeks to reduce the child support prior to that date and is successful, the difference
between the current support amount and the reduced amount shall be paid to WIFE as
equitable distribution on a monthly basis until May 10, 2004. Said payments shall not be
taxable to WIFE or deductible to HUSBAND. Should HUSBAND fail to make said payments
within 30 days of the entry of the new order, interest shall accrue at a rate of 12% per annum.
HUSBAND agrees to reimburse WIFE $661.50 at the time of execution of this
Agreement for his share of preschool and summer expenses. HUSBAND shall also pay the
13.5% of his net bonus within 14 days of HUSBAND'S receipt thereof.
17. CUSTODIAL ACCOUNT.
The parties have a Vanguard custodial account established for the benefit of their
daughter, Annie. This account shall be maintained for the sole benefit of their daughter. Both
parties shall be entitled to obtain copies of the account statements and will provide the other
with a copy of each statement upon receipt. These funds shall be used for Annie's education.
If Annie elects not to attend college, the funds shall be released to Annie at the age of 18 or as
otherwise mutually decided by the parties.
18. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees, costs
and expenses. Neither shall seek any contribution thereto from the other except as otherwise
expressly provided herein.
19. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all
reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if
Page 8 of 12
applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
obligation of any and all costs, expenses and reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights under this Agreement.
20. TAX PROVISIONS REGARDING JOINT FILINGS.
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.
21. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all marital and
non-marital property;
(b.) The right to obtain an income and expense statement of either party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules of Civil
Procedure; and
(e.) The right to have the court make all determinations regarding marital
and non-marital property, equitable distribution, spousal support,
alimony pendente lite, alimony, counsel fees and costs and expenses.
The parties specifically acknowledge and verify that this Agreement addresses all
marital property as defined by the Divorce Code. The parties verify that neither knows of any
t
Page 9 of 12
additional asset or debt which should have been disclosed in this proceeding and have been
advised by their counsel as to the definition of marital property and the consequences for
failing to disclose such property.
22. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents
within 10 days of a request to do so.
23. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under State or Federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney
fees and costs incurred in the enforcement of this paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
regardless of Federal or State law to the contrary, and each party waives any and all right to
assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial reorganization
proceedings by either party in the future, any monies to be paid to the other party, or to a third
party, pursuant to the terms of this Agreement shall constitute support and maintenance and
shall not be discharged in bankruptcy. Any balance owed shall be amortized over five (5)
years and paid in monthly installments to WIFE. Said installments shall not be includable as
income to WIFE or tax deductible to HUSBAND.
Page 10 of 12
24. 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.
25. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
26. 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.
27. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any ambiguity
herein, the parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day
first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of,4uly executed copy hereof.
Beth R. Gilf rt ,i
Witness
J
Page 11 of 12
BETH R. GILFERT,
Plaintiff
V.
JOHN GILFERT,
Defendant
IN TI4E COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7802
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF ELECTION TO RESUME MAIDEN NAME
Notice is hereby given that a final decree in divorce being granted, Beth Rebecca
Gilfert hereby elects to resume her prior name of Beth Rebecca Kieffer, and gives this
written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section
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Beth Rebecca Gilfertto be known as:
Beth Rebecca Kieffer
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CLe it(-&rl1* "4'J
ss.
On the ar day of Icjjiee- , 2001, before me, a Notary Public,
personally appeared Beth Rebecca Gilfert, t/b/k/a Beth Rebecca Kieffer, known to me to
be the person whose name is subscribed to the within document and acknowledged that
she executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
r Notary Public
Notary Publk
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darld County
June 1 B, 2002
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
BETH R. GILFERT ) Docket Number 99-7802 CIVIL
Plaintiff ) /D29966
vN ) PACSES Case Number 878102566
JOHN D. GILFERT )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit, on this 24TH DAY OF OCTOBER, 2001 IT IS HEREBY
ORDERED that the support order in this case be O Vacated or QSuspended or
(j) Terminated without prejudice or Q Terminated and Vacated,
effective SEPTEMBER 18, 2001 , due to:
THE PARTIES' DIVORCE DECREE AND MARITAL SETTLEMENT AGREEMENT. THERE IS A
CREDIT OF $721.70 AND THAT AMOUNT WILL BE DIRECTED TO THE CHILD SUPPORT CASE.
(PACSES C#642101667)
BY THE COURT:
DRO: RJ Sbadday
xc: plaintiff
deferrlant
Debra Denison Cantor, Esquire
P. Richard Wagner, Esquire
Form OE-504
Service Type M Worker ID 21005
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Beth R. Gilfert
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
John D. Gilfert NO. 99-7802
QUALIFIED DOMESTIC RELATIONS ORDER
1. The parties to this action have entered into a Marital Settlement Agreement dated
August 23, 2001. The Court incorporated the Marital Settlement Agreement into its Decree of
Dissolution of Marriage dated September 18, 2001
2. This Order creates and recognizes the existence of an Alternate Payee's right to receive
a portion of the Participant's benefits payable under an employer sponsored defined contribution
plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The
Court intends this order to be a Qualified Domestic Relations Order CURD") within the meaning
of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A.
§3502.
3. This QDRO applies to the Howard J. Zlotoff, D.P.M., PC Profit Sharing Plan ("Plan").
Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which
liability for provision of the Participant's benefits described below is incurred. Any benefits
accrued by the Participant under a predecessor plan of the employer or any other defined
contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued
under such predecessor plan or other defined contribution plan has been transferred to the Plan,
shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor,
or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order.
4. John D. Gilfert ("Participant") is a participant in the Plan. Beth R. Gilfert ("Alternate
Payee") is the alternate payee for purposes of this QDRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
John D. Gilfert
6204 Crosswick Circle
Mechanicsburg, PA 17055
Social Security #: 208-38-6604
Date of Birth: June 9, 1963
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
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QDRO
Page 2
Beth R. Gilfert
122 South 16th Street
Camp Hill, PA 17011
Social Security M 179-58-9125
Date of Birth: September 21, 1966
The Alternate Payee shall have the duty to notify the Plan Administrator in writing of
any changes in this mailing address subsequent to the entry of this Order.
7. The portion of the Participant's plan benefits payable to the Alternate Payee under this
QDRO is $80,000.
8. This QDRO does not require the Plan to provide any type or form of benefit the Plan
does not otherwise provide.
9. This QDRO does not require the Plan to provide increased benefits.
10. This QDRO does not require the plan to pay any benefits which another order
previously determined to be a qualified domestic relations order requires the Plan to pay to
another alternate payee.
11. The Plan shall distribute the amount designated in Paragraph 7 of this Order, as soon
as administratively feasible following the Plan Administrator's approval of this Order.
12. Distribution shall be a direct rollover to an Individual Retirement Account for the
Alternate Payee.
13. On and after the date that this order is deemed to be a QDRO, but before the Alternate
Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the
rights and election privileges that are afforded to active participants, including, but not limited to,
the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right
to direct her Plan investments to the extent permitted under the Plan.
14. All payments made pursuant to this order shall be conditioned on the certification by
the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plan Administrator may reasonably require from such parties.
15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under
Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall
reserve the right to reconfirm the qualified status of the order at the time benefits become payable
hereunder.
16. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments and shall forthwith pay such amount so received directly to the Alternate Payee within
ten (10) days of receipt.
QDRO
Page 3
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In the event that the Plan inadvertently pays to the Alternate Payee any benefits that
are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that she has received such benefit payments
and shall forthwith pay such amount so received directly to the Participant within ten (10) days of
receipt.
17. After payment of the amount required by this QDRO, the Alternate Payee shall have no
further claim against the Participant's interest in the Plan.
18. The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO.
19. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall
treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the
Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 7 of
this QDRO. The sole purpose of this Paragraph 20 is to ensure payment to the Alternate Payee in
the event of Participant's death prior to payment by the Plan of the amount described in
Paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by
the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under
this QDRO to ANNA GILFERT or any beneficiary subsequently designated by the
Alternate Payee and recorded with the Plan Administrator under the terms of the Plan.
20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is
determining whether this order is a qualified domestic relations order, the Plan Administrator
shall separately account for the amounts which would have been payable to the Alternate Payee
while the Plan is determining the qualified status of this QDRO.
21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO. The Plan Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternate
Payee of the determination within a reasonable period of time after receipt of this QDRO.
22. The Court shall retain jurisdiction with respect to this Order to the extent required to
maintain its qualified status and the original intent of the parties as stipulated herein.
EXECUTED this Z G 9 day of 00 v r ti ? c/ , 2061 .
BY /Y TTHHHEE
1~
Judge
QDRO
Page 4
CONSENT TO ORDER
PLAINTIFF/ALTERNATE PAYEE
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