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Home My WebLink About07-3211Date: 5/18/2007 Dauphin County User: LGARCIA Time: 11:12 AM Complete Case History Page 1 of 2 Case: 2006-CV-01439-DV ~7 -' 3 ~ ~ ~~v~~, Linda A Gardner vs. Robert J Gardner Filed: 4/3/2006 Subtype: Divorce Physical File: Y Appealed: N Comment: Status History Pending 4/3/2006 Transferred 5/15/2007 Judge History Date Judge Reason for Removal 4/3/2006 No Judge, Current Payments Receipt Date Type Amount Cordier, Derek J (attorney for G~ 102588 4/3/2006 Civil Filing 227.00 Total 227.00 Plaintiff Name: Gardner, Linda A SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Ketner, Dale Kent (Primary attorney) Send Notices Defendant Name: Gardner, Robert J SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Register of Actions 4/3/2006 New Civil Case Filed This Date. No Judge, Plaintiff: Gardner, Linda A Attorney of No Judge, Record: Derek J Cordier Filing: Divorce Paid by: Cordier, Derek J No Judge, (attorney for Gardner, Linda A) Receipt number: 0102588 Dated:4/3/2006 Amount: $227.00 (Check) 5/17/2006 Derek J. Cordier, Esq. withdraws No Judge, appearance on behalf of plaintiff. Shaffer 8~ Engle Law Offices, by: Dale K. No Judge, Ketner, Esq. enters appearance on behalf of plaintff. Date: 5/18/2007 Dauphin County Time: 11:12 AM Complete Case History Page 2 of 2 Case: 2006-CV-01439-DV Linda A Gardner vs. Robert J Gardner Register of Actions 4/13/2007 Affidavit of service of the Complaint in divorce, was served upon defendant, filed 4/24/2007 Petition to Transfer Jurisdiction, filed 4/25/2007 A rule is hereby issued defendant to show cause why plaintiffs Petition to Transfer Jurisdiction should not be granted. This rule is returnable 20 days from date of service. See Rule to Show Cause, filed. Copies dist. by Court Admin. 4/25/07. 5/1 /2007 Consent to Transfer Jurisdiction, filed. 5/14/2007 Motion to Make Rule Absolute, filed. 5/15/2007 It is hereby ORDERED that the Prothonotary of Dauphin County is directed to transfer this case to the Court of Common Pleas of Cumberland County. See Order, filed. Copies dist. by Court Admin. 5/15/07. The above action transferred to the Court of Common Pleas of Cumberland County. ****NO MORE ENTRIES CASE TRANSFERRED**** TO THE COURT OF COMMON _ PLEASE OF CUMBERLAND COUNTY No Judge, No Judge, Evans, Scott A. No Judge, No Judge, Kleinfelter, Joseph H. No Judge, No Judge, User: LGARCIA ~ w W ~. '`O ~ tlv ~ ..~ a°aa ~i ~ __., ;z .~ . r7= .f,_ ~.. _ _ ~ Z~ "_ ~' w o c ; ~f°' I7o "gip ~ ~t.3 `._ - ~' ~ Y~l ~' ~ ---i ~ - .! 0 LINDA A. GARDNER, Plaintiff v. ROBERT J. GARDNER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 1439 CV 2006 ,_~ _-~_ :~;, ORDER = .~ ~.:n may, AND NOW, this ,"day of May, 2007, it is hereby ORDERED that the Prothonotary of Dauphin County is directed to transfer this case to the Court of Common Pleas of Cumberland County. Distribution: Dale Ketner, Esquire, 129 Market Street, Millersburg, PA 17061 Frederick J. Fanelli, Esquire, 1 Mahantongo Street, Pottsville, PA 17901 Curt Long, Cumberland County Prothonotary, One Courthouse Square, Carlisle, PA 17013 Stephen Farina, Dauphin County Prothonotary ,: ti ~ .~ ~ Z~a~ h~~°~~Y certji~ chat the iorgg~n~ is a ir'e` ~~d correct SAY of the ori~gtal C;. 7 ~ ~ . .~, ~~~~ LINDA A. GARDNDER, Plaintiff vs. ROBERT J. GARDNER, Defendant ~dP~ IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0.2006-CV-1439-DV CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this day of May, 2007, it is hereby based upon the Petition to Transfer Jurisdiction; IT IS HEREBY ORDERED AND DECREED that jurisdiction in the above-captioned matter shall be transferred to Cumberland County, Pennsylvania. By the Court, Judge Distribution: Dale K. Ketner, Esq. 129 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554 (F) * dale@shafferengle.com Frederick J. Fanelli, Esq. 1 Mahantongo Street, Pottsville, PA 17901 * 570-622-2455 (P) 560-622-5336 (F) * ffanelli@rileyandfanelli.com Dale K. Ketner, Esquire SHAFFER &ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax dale@shafferengle.com LINDA A. GARDNDER, Plaintiff vs. ROBERT J.GARDNER, Defendant IMAGE IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0.2006-CV-1439-DV CIVIL ACTION -LAW IN DIVORCE MOTION -TO MAKE RULE ABSOLUTE AND NOW this G~ da of Ma 2007 comes the SHAFF y y, ER &ENGLE LAW OFFICES and respectfully requests the Petition to Make Rule Absolute be granted and in support thereof, avers as follows: 1. Petitioner filed a Petition to Transfer Jurisdiction on Apri124, 2007. 2. A Rule to Show Cause was issued by This Honorable Court on April 25, 2007, granting Defendant twenty (20) days from the date of service to show why the Petition to Transfer Jurisdiction should not be granted. 3. On or about Apri127, 2007, Defendant, by and through his counsel, filed a Consent to Transfer. WHEREFORE, the undersigned counsel respectfully requests This Honorable Court enter an Order granting the transfer of jurisdiction in the above-captioned matter to Cumberland County, Pennsylvania. Respectfully submitted, SHAF~ N LAW OFFICES Dale K. Ketner, Esquire ID # 89302 129 Market Street Millersburg, PA 17061 717-692-2345 Attorney for Plaintiff' ,-- +~ U IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY PENNSYLVANIA LINDA A. GARDNER Plaintiff Docket No. o~O~C: N ~ ~13q Ov vs DIVORCE ROBERT J.GARDNER Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for 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 Dauphin County Prothonotary at Front and Market Streets, Harrisburg, PA 17101. Phone: (717) 255-2770. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY PENNSYLVANIA ~---, LINDA A. GARDNER ~ `~' Plaintiff ~~ :Docket No.o~CYJ(~t C~ 1134 `~~ ~;,, ., vs .~ ~ . ._-- m :DIVORCE ~~ ROBERT J.GARDNER ~_ ~ Defendant ~ r" _ „ cn COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Linda A. Gardner, who currently resides at 172 North Middlesex Road, Carlisle, Pennsylvania 17013. 2. Defendant is Robert J. Gardner who currently resides at 172 North Middlesex Road, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married in 1990 in the State of Arizona. 5. The Plaintiff and Defendant separated on February 12, 2006. 6. There has been no other action for divorce filed between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Plaintiff nas 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. 9. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint for Divorce 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. ~~~.~ ~~ ~ Z9 riYta~ D Linda A. Gardner Date ,. ~ ,~ Attorney for Dere Cor er, Esq. #83284 319 u ront Street Harrisburg, PA 17104-1621 (717) 919-4002 ,,. ~. ~~ LINDA A. GARDNDER, E COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. N0.2006-CV-1439-DV ROBERT J. GARDNER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN : ~_ , _,~ ~:~ c~ ,~~-~ Dale Kent Ketner, Attorney for Linda A. Gardner, Plaintiff in the above-captioned action, being duly sworn, according to law, deposes and says that a certified copy of the Complaint in Divorce in said action was served upon Robert J. Gardner, Defendant, by posting same on April 5, 2006, in the U.S. Mail, Certified, Return Receipt Requested. See Return Receipt Card, signed by Robert Gardnerl, attached hereto, marked Exhibit "A",,ancl-~~e a part hereof. Dale K. Ket3iiet; Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 12th DAY OF APRIL, 2007. Notary Public NOTARIAL SEAL MELISSA E. WISE Notary Public MILLERSBURG BOROUGH, DAUPHIN COUNTY My Commission Expires Jul 23, 2008 t '~ SCHEDULE "A" ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse ao`that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front ff space permits. 1. Article Addressed to: ~~of3 c ~. ; S. GAR. ~NF2 l 7~ •~ ~Ks>{ .~D~c,ESFX GaQissc ~, ~A ~7~i~ A Sign i ^ bent X Addneese D. Is delNery address different from item 1?~ ^ Yea ff YES, enter delivery address bebw: ^ No 3. Service Type f (Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery'1(Extra Fee) es 2. ArticteNumher 7004 2890 ~0D3 1217 3748 (T/ensfef from seNlce labs/, PS Form 3811, February 2004 Domestic Return Receipt toz5ss-o2-M-t5w ~~ ~~~~_ ~~~ii~u~ ~~. x LINDA A. GARDNER, : IN THE COURT ~ )F COMMON PLEAS Plaintiff :DAUPHIN COOK T'~', PEI~INSYLVANIA ,~, v. : NO. 1439 CV 20(16 cT ° --~ ~ -~ ,- ROBERT J. GARDNER, •-~ ~- ~ . ~ rt~ ~~ rr ~-- n~ Defendant ~ ; - cn ~- T ~- _ ~ _ .~. -~ ._ RULE TO SHOW CAUSE ~ w 0 r AND NOW, this Z i day of April, 2007, a rule is hereb ~ :issued upon defendant to show cause why plaintiff's Petition to Transfer Jurisdiction should not be; granted. This rule is returnable 2 ~ days from date of service. ~~..~.~~ Distribution: Dale Ketner, Esquire, 129 Market Street, Millersburg, PA 17061 Frederick J. Fanelli, Esquire, 1 Mahantongo Street, Pottsville, PA 17~)O1 LINDA A. GARDNDER, Plaintiff vs. ROBERT J. GARDNER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0.2006-CV-1439-DV CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of , 2007, a rule is hereby issued upon both parties to show cause why the attached Petition to Transfer Jurisdiction should not be granted. RULE RETURNABLE DAYS FROM SERVICE. J. Distribution: Dale K. Ketner, Esq. 129 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554 (F) * dale@shafferengle.com Frederick J. Fanelli, Esq. No. 1 Mahantongo Street, Pottsville, PA 17901 * 717570-2455 (P) 570-622-5336 (F) LINDA A. GARDNDER, Plaintiff vs. ROBERT J. GARDNER, . Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2006-CV-1439-DV CIVIL ACTION -LAW 1N DIVORCE ORDER BY THE COURT: J. AND NOW, this day of , 2007, pursuant to the Petition to Transfer Jurisdiction filed by the Petitioner, IT IS ORDERED AND DECREED that jurisdiction in the above-captioned matter be transferred to Cumberland County, Pennsylvania. Distribution: Dale K. Ketner, Esq. 129 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554 (F) * dale@shafferengle.com Frederick J. Fanelli, Esq. No. 1 Mahantongo Street, Pottsville, PA 17901 * 717570-2455 (P) 570-622-5336 (F) w , Dale K. Ketner, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax dale@shafferengle.com ~~~~~~ 0 ,.,~-~ _'' x~ tJ _~~ 'f ~'1 ~.~ ~ , ~"V ~~ ,J c;? . L1NDA A. GARDNDER, Plaintiff vs. ROBERT J.GARDNER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2006-CV-1439-DV CIVIL ACTION -LAW IN DIVORCE PETITION TO TRANSFER JURISDICTION AND NOW, this ~ day of April, 2007, comes the Petitioner, Dale K. Ketner, Esquire, counsel for the Plaintiff, and respectfully requests that, pursuant to Pa.R.C.P. 1920.2(a)(1), the above-captioned divorce action be transferred from Dauphin County, Pennsylvania, to Cumberland County, Pennsylvania, and in support thereof avers as follows: 1. On Apri13, 2006, a Divorce Complaint was filed with Dauphin County Prothonotary and docketed at No. 2006-CV-1439-DV. 2. The Defendant was served with the Complaint on Apri15, 2006. 3. Plaintiff was represented at the time of the filing of the Complaint by Derek J. Cordier, Esquire. 4. On May 17, 2006, Attorney Cordier withdrew his appearance and the undersigned counsel simultaneously entered her appearance on behalf of Plaintiff. 5. It is believed and therefore averred that Plaintiffl s prior counsel, Derek J. Cordier, Esquire, inadvertently filed the Divorce Complaint in this action in Dauphin County rather than Cumberland County, Pennsylvania. 6. Neither parry resides in Dauphin County, Pennsylvania. 7. Plaintiff, Linda A. Gardner, currently resides at 172 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 8. Defendant, Robert J. Gardner, currently resides at 172 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. THEREFORE, Petitioner respectfully requests that this divorce action be transferred to Cumberland County, Pennsylvania. Respectfully submitted, SHAFFF~~i ENGLE LAW OFFICES Dale ~ Ke ier Esquire ID No. 89302 129 Market Street Millersburg, PA 17061 (717) 692-2345 Attorney for Plaintiff LINDA A. GARDNDER, Plaintiff . vs. ROBERT J. GARDNER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0.2006-CV-1439-DV CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the Petition to Transfer Jurisdiction was sent by U.S. Mail first class to the following: Frederick J. Fanelli, Esquire RILEY & FANELLI, PC The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant Linda Gardner 172 North Middlesex Road Carlisle, PA 17013 Date: ~ 7 LD. # 89302 SHAFFER &ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 Attorney for Plaintiff ~y ~~ ~~ ~~ 7~~ ~~'~ ;.~ ~. ~ J~ r ~, ~_. ~ ~._~ ~~' ~ ~ ~ IN THE COURT" OF COMMON PLEAS OF DAUPHIN COUNTY CIVIL ACTION -LAW LINDA A. GARDNER Plaintiff v. ROBERT J. GARDNER Defendant No.: 1439 CV 2006 CONSENT TO TRANSFER JURISDICTION The Defendant hereby agrees to the transfer of jurisdiction in the above- captioned matter. Respectfully submitted, BY: F DE I ANELLI, ESQUIRE A rney I.D. o. 36672 Counsel for Defendant Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 ,- ~ CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that a true and correct copy of Defendant's Consent to Transfer Jurisdiction was served on the following person(s) on the day of April, 2007, via First Class Mail, postage prepaid, and addressed as foI lows: Dale K. Ketner, Esquire Shaffer & Engle 129 Market Street Millersburg, PA 17061 BY: F E E I J. FANELLI, ESQUIRE ttorney I. . No. 36672 Counsel for Defendant a Dale K. Ketner, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax dkent@epix.net .-s3 _ .~ , 9~ 9% '~.~t~`c'' ~ y, ~ ~~C~ ~ ~~ ~ ~ '9 G; . ~•.', c~ -'~ ~ c ~~ LINDA A. GARDNDER, Plaintiff vs. ROBERT J.GARDNER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2006-CV-1439-DV CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE Kindly withdraw the appearance of Derek J. Cordier, Esquire, as counsel on behalf of the Linda A. Gardner in the above-referenced matter. DATED: ~~~ ~ ~~~~' Derek J. Cordl'er,.~squire ID No. 83284 319 South Front Street Harrisburg, PA 17104-1621 Kindly enter the appearance of Dale K. Ketner, Esquire, as attorney on behalf of the Linda A. Gardner in the above-referenced mater. DATED: .S~ ~ ~ Dale K. Ketner, Esquire I.D. No. 89302 Shaffer & Engle Law Offices 129 Market Street Millersburg PA 17061 (717) 692-2345 Stephen E. Farina Prothonotary OFFICE OF .~.gpTHONOT~~, Front & Market Streets Harrisburg, PA 17101 (717)780-6520 Curtis R Long, Prothonotary Cumberland County Court House Hanover & High Streets Carlisle, Pa 17013 May 17, 2007 IN RE: Linda A Gardner Vs. Robert J Gardner Dauphin County Dkt No 2006 CV 1439 DV Cumberland County Dkt No. Dear Sir/ Madam: By Order of May 15, 2007 by Hon Joseph H Kleinfelter, Judge The above matter has been transferred to the Court of Common Pleas of Cumberland County. I am, accordingly, sending originals of all the papers herewith. I Will appreciate the return of the attached receipt address to the Attention: of Ms. Lisandra Garcia. Very truly yours, ~~~~in~ ~p ~a~~re~ Stephen E. Farina Prothonotary County of Dauphin ~--- ,,., ~/ \ _....-l LINDA A. GARDNDER, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-3211 ROBERT J. GARDNER, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Complaint was filed on Apri13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. Linda A. Gardner, Plaintiff DATE: ~ a~~~- C'3 ^' ~~ C3 c° -,-, _" - ,~~ a ` to , ~r,; _ ~ = r ~' A c ~ .. ~°~ ~-~ LINDA A. GARDNDER, Plaintiff vs. ROBERT J. GARDNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3211 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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. Linda A. Gardner, Plaintiff ss# <73 -.Stye... 7~~ DATE: ~ ~,~- ~~J 7 ~ r~ ° C-- i 'T' .~ £; ~ ~ LINDA A. GARDNDER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3211 ROBERT J. GARDNER, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Complaint was filed on Apri13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. DATE: 2( ~ t~t1J ~00~ Robert J. G ner, Defendant d a ~~'? -, F: ~ ;r,;, n~ ~ N `f -' oa <T7 ~ ~ s : c_ -~.; ' ue : ~~ -v _ -~~, ~~~t~ , i ~~ . ~ ~ '~1 e ~ LINDA A. GARDNDER, Plaintiff vs. ROBERT J. GARDNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3211 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 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. f Robert J. Gar ner, Defendant f SS# ~--'y~o- 1~~~ DATE: Z ( ~ tit N 2v~~ ~' t . _... S~ r 5 ~. `~ (T~ ~ } ~} it q . , G. ^- ~ S i .+..w ,~ ~, ~ 07-3~~1 MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this ~ day of rr - , 2007, between LINDA A. GARDNER of Carlisle, Cumberland County, Pennsylvania, ("Wife"), AND ROBERT J. GARDNER of Carlisle, Cumberland County, Pennsylvania ("Husband"); WITNESSETH: WHEREAS, the parties are husband and wife; AND WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as husband and- wife has been rendered impossible; AND WHEREAS, the Parties were married on February 5, 1990 in Arizona and on June 16, 1990 in Pennsylvania; AND WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement Agreement, providing for the absolute and final settlement of their respective marital property rights and all claims for support and alimony; AND WHEREAS, the parties have made full disclosure to each other of their assets and have agreed on a settlement of all property rights and differences existing between them. NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by the parties, they agree as follows: 1 1. DIVORCE The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree to execute all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have agreed to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2. REAL PROPERTY A. The real property located at 172 North Middlesex Road, Carlisle, PA 17013, and improvements thereon, currently held in the name of Husband and Wife shall be retained by Husband as his sole property in exchange for paying to Wife a lump sum payment representing one half of the equity in the home. The parties hereby agree that the fair market value of the home is Four Hundred and Fifty Five Thousand Seven Hundred Dollars ($455,700.00). The outstanding amount of the mortgage and lc with Memll Lynch Credit Corp/Cendant Mortgage at the time of execution of this Agreement is Two Hundred Eight Seven Thousand Three Hundred and Sixty Eight ($287,368.00) Dollars. Therefore, the lump sum payment to Wife for her share of the equity in the Marital home is Eighty Four Thousand One Hundred and Sixty Six Dollars ($84,166.00). Husband shall pay to Wife this lump sum payment within Ninety (90) days of execution of this Agreement. The parties further agree that in an effort to facilitate Wife's purchase and move into a new residence, Wife shall be permitted to remain in the Marital residence for a period of time not to exceed One Hundred and Twenty (120) days after receipt of the lump sum payment. During the time that Wife remains in the Marital home 2 a ~ under the terms of this provision, Husband shall not be obligated to make payments as called for in Section 4. Custody, and Alimony in the amount of $492.02 in Section 6., and said payments shall not commence until the first day of the first month following Wife's departure from the Marital home. B. Commencing on the date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the Marital residence (except as provided herein), including, but not limited to, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's ownership interest in the Marital residence. C. There is presently outstanding against the Marital residence a marital first mortgage in favor of Merrill Lynch Credit Corp/Cendant Mortgage Corp loan #7078523573 ("mortgage"), in the approximate amount of Two Hundred Thirty One Thousand Four Hundred and Seventeen ($231,417.00) Dollars, and a Home Equity Line of Credit in favor of Merrill Lynch Credit Corp/Cendant Mortgage Corp ("lc"), in the amount of Fifty Five Thousand Nine Hundred Fifty One ($55,951.00) Dollars. Within ninety (90) days of the execution of this Agreement, Husband and Wife agree to take all steps necessary to have the mortgage and lc refinanced and transferred to Husband's name alone. Husband shall be responsible for all costs associated with the transfer of the 1 1 mortgage and lc into his name alone, but shall not be responsible for any costs that result from inaction on the part of Wife with respect to the refinancing of the mortgage and lc. D. Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, it shall be Husband's estate's obligation to promptly satisfy the mortgage and lc. E. Wife warrants that there are no liens or encumbrances against the Marital home, with the exception of the existing first mortgage and lc held by Merrill Lynch. In the event Wife has failed to disclose a lien or encumbrance in violation of this paragraph, she shall immediately take all necessary steps in order to remove any such lien, judgment or encumbrance against the aforesaid premises and shall indemnify and hold Husband harmless with respect thereto. Wife shall be responsible to, and pay Husband for, any costs or expenses, including attorneys' fees, penalties or any other expense of whatever nature, whether direct or indirect incurred by Husband as a result of Wife's failure to remove said liens or encumbrances at any default in payment thereon. 3. PERSONAL PROPERTY a. Household Furnishings The parties agree that the household furnishings can be divided to the complete satisfaction of both parties. The parties further agree that that Husband shall retain the lawn mower and Wife shall retain the piano. All large appliances in the 7 t Marital home shall stay in the Marital home and become property of Husband in accordance with Section 2. Real Estate. b. Vehicles The parties are in current possession of their respective vehicles and release any interest they may have in and to the vehicle(s) in possession of the other party. (1) Wife shall maintain sole and exclusive possession of the 2003 Acura MDX, and shall assume any and all liability, past, present or future which may flow from ownership of said vehicle. (2) Husband shall maintain sole and exclusive possession of the 2004 Acura TL, and shall assume any and all liability, past, present or future which may flow from ownership of said vehicle. (3) Wife shall maintain sole and exclusive possession of the 1997 Harley Davidson, and shall assume any and all liability, past, present or future which may flow from ownership of said vehicle. (4) Husband shall maintain sole and exclusive possession of the Kit Plane, and Glider, and shall assume any and all liability, past, present or future which may flow from ownership of said plane and Glider. (5) Each party shall execute any and all paperwork necessary to legally transfer each vehicle to the appropriate party within thirty (30) days of full execution of this document. (6) Each party shall indemnify and hold harmless the other party for any debts, liabilities, or other encumbrances that are currently or may in the future, be placed upon their respective vehicle/plane. c. Pension and Retirement Accounts Wife has the following accounts: 1). A State sponsored Defined Benefit retirement plan IRS Code Section 401(a) in the approximate amount of $22,000.00. 2). A State Deferred Compensation 457 plan in the approximate amount of $84,200.00. 3). An IRA with Merrill Lynch in the approximate amount of $53,380.00. 4). A Roth with Merrill Lynch in the approximate amount of $9,874.00. The total value of Wife's Pension and Retirement Accounts is $169,454.00 Husband has the following accounts: 1). A 401(k) with Merrill Lynch in the approximate amount of $152,545.00. 2). An IRA with Merrill Lynch in the approximate amount of $144,697.00, of which account approximately $44,697.00 are pre-marital contributions. The parties agree that for purposes of this Agreement, the marital value of this account on the date of execution of this Agreement is $100,000.00. 3). A Roth with Merrill Lynch in the approximate amount of $12,591.00. The total value of Husband's Pension and Retirement Accounts is $309,833.00. The total marital portion of Husband's Pension and Retirement Accounts is approximately $265,136.00. Husband agrees to transfer the sum of Fifty Nine Thousand Three Hundred Twenty One Dollars and ($59,321.00) from his IRA Account into Wife's IRA 6 1 ~ account, which represents a fifty percent distribution of retirement and life insurance assets and equalizes vehicle equity among the parties. d. Loans/Obli atg ions Each of the parties shall be responsible for his or her own debts from date of separation on February 12, 2006. In addition to the mortgage and lc listed in Section 2. Real Estate, the parties have accumulated marital debt as listed in Attachment 1. The parties agree that the joint checking account with Merrill Lynch with an approximate balance of Five Thousand Eight Hundred Dollars ($5,800.00) shall be used to pay all joint debts as listed in Attachment 1. Further, the parties hereby agree that it shall be Husband's responsibility to write all checks from this account as necessary to satisfy all debts as listed in Attachment 1. e. Bank Savings/Checking Accounts/Christmas Club, etc. Except as stated otherwise in this Agreement, all bank accounts have been divided among the parties to their mutual satisfaction. Wife has an insurance policy with Security Benefit with a cash value of Two Thousand Ninety One Dollars and Fifty Cents ($2,091.50). Husband has an insurance policy with John Hancock with a cash value of Twenty Five Thousand Fifty One Dollars and Twenty Seven Cents ($25,051.27). Wife shall receive a fifty percent division of these insurance assets, and said amount, Eleven Thousand Four Hundred Seventy Nine Dollars and Eighty Nine Cents ($11,479.89) is included in the IR.A transfer; see Section 3. Personal Property c. Pensions and Retirement Accounts. 7 ~ J 4. CUSTODY AND VISITATION A. Husband and Wife shall share legal custody of the minor children, Samantha N. Gardner (DOB 6/20/91) and Kaitlyn S. Gardner (DOB 8/7/93). B. The parties agree that Husband and Wife shall share physical custody of the minor children Samantha and Kaitlyn, alternating weeks, each party having both the minor children at the same time for a period of one week Sunday to Sunday until 6:00 p.m. The party exercising custody shall be responsible for providing transportation of the children to the party receiving custody. C. The parties have negotiated the custody portion of this Agreement based upon existing circumstances, and in particular, based upon Husband and Wife maintaining residences in the Cumberland County, Pennsylvania, area. If either parent desires to establish a residence outside the children's current school district, or more than twenty five (25) miles from the Cumberland Valley High School, than the relocating party shall provide sixty days (60) written notice in advance of the move to the non-relocating party so that a new Agreement can be reached between the parties prior to the relocation. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over the parties to fashion an appropriate custody order. Husband shall pay to Wife the sum of One Thousand Dollars ($1,000.00) per month in support of the two minor children, Samantha and Kaitlyn until such time as Samantha dies, marries, becomes self-supporting, attains the age of eighteen and has completed her high school education, or discontinues her high school education, or no longer maintains a permanent residence with her mother under the shared custody s „ ~ , provision contained in this Agreement, whichever occurs earlier, thereafter, Husband shall pay to Wife the sum of Seven Hundred Dollars ($700.00) per month in support of the minor child Kaitlyn until such time as Kaitlyn dies, marries, becomes self-supporting, attains the age of eighteen and has completed her high school education, or discontinues her high school education, or no longer maintains a permanent residence with her mother under the shared custody provision contained in this Agreement, whichever occurs earlier. Payment of child support shall occur on the first day of the each month, beginning on the first day of the first month following Wife's departure from the marital home. 5. SUPPORT Neither parry shall seek spousal support from the other and forever releases the other from payment of same in this or any other jurisdiction except as specifically provided for in this Agreement. 6. ALIMONY The parties have reached an agreement with respect to Alimony. Husband agrees to pay Wife the sum of $492.02 per month, as Alimony, on the first day of each month commencing with the first day of the first month following Wife's departure from the Marital home, and said payments shall be paid on the first day of each month until .such time as Wife reaches SEVENTY NINE (79) years of age. In the event Husband misses any monthly payments, Alimony shall not cease until such time as Husband has made up any and all missed payments. The amount of Alimony shall not be subject to modification. Alimony payments will terminate upon the death of either party. 7. ATTORNEY'S FEES 9 ~. ' Each Party shall pay their respective Attorney's fees, for the divorce and the preparation of this Agreement and such other fees as are applicable hereto. 8. RELEASE Subject to the provisions of this Agreement, each parry has released, discharged and, by this Agreement, does for himself or herself, and his or her legal representatives, executors, administrators or assigns, release and discharge the other of and from all cause of actions, claims rights or demands whatsoever, in law or equity, which either of the parties ever had, now have or can have at any time against the other, specifically including any rights or claims to dower rights, curtesy rights, support, alimony, alimony pendente lite, counsel fees and equitable distribution of marital property not included in this Agreement. 9. ESTATE RELEASE Husband and Wife hereby release any rights that he or she might hereafter acquire to share in any capacity in the estate of the other, or to act as administrator or executor of the estate of the other, or to participate in any manner in the administration of the estate of the other, and hereby waive any rights of election to take against the will of the other, or to claim the family exemption. 10. SEPARATION It shall be lawful for each parry at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or determine fit. 10 1 ~ 11. NO INTERFERENCE Each party shall be free from interference, authority and control, direct and indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, compel, or endeavor or compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society or acquaintances which either of the parties hereto may choose or have from this day forward. 12. NO DEBTS Neither party will or shall be entitled to contract any debts nor incur any charges or obligations in the name of the other party nor in any way use or attempt to use the credit of the other party. 13. DOCUMENTS Each parry shall, at the request of the other, execute, acknowledge and deliver any documents which may be reasonably necessary to give full effect to this Agreement. Further, each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 14. NO BAR TO DIVORCE Nothing herein contained shall be construed to prevent either of the parties from instituting an action for absolute divorce against the other in any jurisdiction based upon 11 ~ ~ any past or present conduct of the other, nor to bar the other from defending any such suit. 15. ABSOLUTE AND FINAL SETTLEMENT The provisions of this Agreement are intended to consider, determine and distribute all of the assets of the parties hereto as part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of support. This Agreement is not intended to be a mere Separation Agreement. 16. ENFORCEMENT The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be. Provided further, all costs of such litigation, including reasonable Attorney's fees, shall be paid by the party refusing to carry out their commitments under this Agreement. 17. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT The Wife has employed and had the benefit of counsel of Dale K. Ketner, Esquire, as her attorney. The Husband has employed and had the benefit of counsel of Frederick J. Fanelli, Esquire, as his attorney. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each and the assets of the other, and that each believes the Agreement to be reasonable under the circumstances. 12 ~, ~. ~ 18. 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 parry to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. SITUS This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 20. PARTIAL INVALIDITY If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 21. BINDING EFFECT Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. 22. DIVISION OF PROPERTY The Parties acknowledge that they have, among themselves;. agreed upon the division of the assets referred to herein. They further acknowledge that they have reviewed all the terms of this Agreement and that they had the opportunity to discuss, and have explained to them, any provisions that they did not fully understand. 13 ! 1 ~. 23. INCORPORATION Both parties agree that this Agreement shall be incorporated into the final divorce decree and .shall not merge for purposes of enforcement. IN WITNESS WHEREOF, the parties hereunto set their hands and seals, the day and year first above written, each adopting the seal following his or her signature, as his or her own. WITNESSES: !? ~ n ' `.~ . ~ Linda A. Gardner (SEAL) R ert J. Gardner 14 k ~ ~ ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN On this the3 day of Y ~ ~ , 2007, before me, a Notary Public, the undersigned officer, personally appeared Linda A. Gardner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. -(SEAL) NOTARIAL S MELISSA E. WISE Notary Public Notary Public MILLERSBURG BOROUGH, DAUPHIN COUNTY My Commission ExpirES Jul 23, 2008 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SCHUYLKILL On this the day of , 2007, before me, a Notary Public, the undersigned officer, personally appeared Robert J. Gardner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. (SEAL) Notary Public 15 ~ ~ + 1 ATTACHMENT 1 The Merrill Lynch Cash Management Account #87299C8? shall be used to pay down joint debt, including the mortgage and home equity line of credit, and closed at the time of execution of this Agreement. 16 C'"? n7 i~ ~,~ _ ._ --~ ~ -~, ; _- _ ~. ,, ~ . . .. ' .,:~ ~ =` =~ rte . ~ :~ . C LINDA A. GARDNDER, Plaintiff vs. ROBERT J. GARDNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3211 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground divorce: irretrievable breakdown under Section (X) 3301(c) ~ 3301(d)(1) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the complaint: April 5, 2006, by LJ.S. Mail, Certified, Return Receipt Requested 3. (Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff 6/7/2007 ; by Defendant 6/21 /2007 (b) (1) : Date of execution of the Plaintiff s Affidavit required by Section 3301(d) of the Divorce Code; Defendant: (2) date of service of the Plaintiff s Affidavit upon the 4. Related claims pending: _ Settlement Agreement dated April 6, 2007 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached. (b) Date plaintiff s Waiver of Notice was filed with the prothonotary: 6/15/2007 Date defendant's Waiver of Notice wa a it he rothonot :6/28/2007 . Attorney for (X) Plaintiff ( )Defendant ~~ - - t~ ~tt ~~ ~ ~~ i ~ ..~. ~~ ~. - .w+ ...,~ ,, "~CS . {" `,; ~,» ;.~_, w f~~ ~~ C ... L:"; I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~.i n d a . ~~a rclnc.r ~~.~ ..: ~. ~~ ~{ t~-t N o . ~~ 1 VERSUS ob~r~ S. ~ar~'1er ~e~larit ATTEST: J ~~-~'~- PROTHONOTARY DECREE IN DIVORCE ~QO AND NOW, ~ ~l ,~W~ IT IS ORDERED AND DECREED THAT I~II~~~ R. ~ar~n~r PLAINTIFF, AND I~,o~r-~ ~ C-~Qrdner DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~~ _T•' ~ erms o~ ~d ~ n ~ ~- r ~ ~P ~'~ are, r r ~ r C~a~e r-~ '+ ~, BY THE C RT: ' `y • '