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HomeMy WebLinkAbout08-1440 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA K. GITT, Defendant : CIVIL ACTION - LAW : NO. 2008 - ly 40 CIVIL TERM : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA K. GITT, Defendant : CIVIL ACTION - LAW : NO. 2008 - / yYR CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Kirk A. Gitt, an adult individual residing at 133 Smith Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Pamela K. Gitt, an adult individual residing at 4 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania 17015. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were marred on July 31, 1977, in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said parry has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ' , 2008 J 2008 Ifirk A. Gitt, Plaintiff Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff s a n L - C D ?a 00 F11 C7 = ' ? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PAMELA K. GITT, : NO. 2008 - U CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. CS. Section 4904 relating to unswom falsification to authorities. 2008 )'? KIRK A. GITT, Plaintiff ?? t: y ,?? - ? -?-? ?, -i, ``-' F ... -R. -w ? ? ?,? r i". C ?? ? ? . ? ? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA K. GITT, Defendant : CIVIL ACTION - LAW NO. 2008 -1440 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section-3301(c) of the Divorce Code was filed in this matter on or about March 4, 2008 and served upon defendant on March 20, 2008 (see acceptance of service filed June 18, 2008). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of 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 divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. I -7 , 2008 KIRK A. GITT c> C v { c .?a ,- . ?y - rr ^. I C31 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA K. GITT, Defendant : CIVIL ACTION - LAW : NO. 2008 -1440 CIVIL TERM : IN DIVORCE 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. Section 4904 relating to unsworn falsification to authorities. -312008 KIRK A. GITT t"s rra cv, p FC"i tL7 vi s Q Cil NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PAMELA K. GITT, : NO. 2008 -1440 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, PAMELA K. GITT, certify that I am the defendant in this matter. Furthermore, I hereby certify that on AA1-f , 2008, I received a certified copy of the divorce complaint filed in this action. „w? t 3 Zoos k'a, 'q.- PAMELA K. GITT Defendant ra - - rs ,- j y NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA K. GITT, Defendant : CIVIL ACTION - LAW : NO. 2008 -1440 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about March 4, 2008 and served upon defendant on March 20, 2008 (see affidavit of service filed June 18, 2008). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of 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 divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. L- 2008 P-,.-,rte, ??- ? ?.?? PAMELA K. GITT 3..- Q9 z ?i. c NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (7M 241-4436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, Plaintiff : IN THE COURT OF COMMON;PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA K. GITT, Defendant : CIVIL ACTION - LAW : NO. 2008 -1440 CIVIL TERM : IN DIVORCE 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. Section 4904 relating to unswom falsification to authorities. ]l A ~`?9t , 2008 = 0" l 3? -- PAMELA K. GITT cr.' C-n i NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF KIRK A. GITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA K. GITT, To the Prothonotary. Defendant : CIVIL ACTION - LAW : NO. 2008 -1440 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about March 4, 2008, defendant was served with a copy of the divorce complaint via certified mail, restricted delivery, addressed to the defendant. (See Acceptance of Service previously filed, June 19, 2008.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: June 19, 2008 By the defendant: June 22, 2008 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (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 N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: June 19, 2008 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: June 26, 2008 July, 2008 q C: WOLF for Plaintiff G r°.xa 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Kirk A. Gitt - '' 2008 1440 No. VERSUS Pamela K. Gitt DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Kirk A. Gin PLAINTIFF, Pamela K. Gitt AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT BEEN RAISED OF RECORDW YET BEEN ENTERED;The Marital Settlement Agreement executed by the parties dated April 30, 2008 is incomorated but not memed into this Divorce Decree for enforcenvowurmes only BY THE CrOURT: ATTEST: L J. PROTHONOTARY .? ?? ?d " ?? ? L ?' ??? i??? 4 ? y ?. s ?? 4 x ` i i " t? - ? y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA K. GITT, Plaintiff Vs File No. 2008 - 1440 CIVIL TERM IN DIVORCE KIRK A. GITT, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, (select one by marking "x") prior to the entry of a Final Decree in Divorce, or X after the entry of.a Final Decree in Divorce dated July 15 ----,92008 hereby elects to resume the prior surname of PAMELA K. BARRETT , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: August 27, 2008 -W Signature PAMELA K. GITT COMMONWEALTH OF PENNSYLVANIA COUNTY OFCrnMBERLANp On the 27th day of August 2 2008 ,before me, the Prothonotary or the notary public, personally appeared the above afljiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto y hand and official seal. COMMONWEALTH OF PENNSYLVANIA No6WPublic Notarial Seat Martha L. Noel, Notary Public CarYsle Boro, Cumbertnd County ission E)ires Sept. 18, 2011 Member, Pennsylvania Association of Notaries Signature of name being resumed PAMELA K. BARRETT -71 N `'i/ o KIRK A. GITT, Plaintiff/Respondent, V. PAMELA K. (GITT) BARRETT, Defendant/Petitioner CIVIL ACTION - LAW 2008 - 1440 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 27th day of November 2009, comes the Defendant/Petitioner, Pamela K. (Gift) Barrett, by her attorneys, Irwin & McKnight, P.C., and makes the following Petition for Special Relief against the Plaintiff/Respondent, Kirk A. Gitt, as follows: 1. The Petitioner is Pamela K. (Gift) Barrett and is the Defendant in a divorce action filed at 2008-1440 in Cumberland County, Pennsylvania. Her address is 404 North Walnut Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Respondent is Kirk A. Gitt and is the Plaintiff in this divorce action. He resides in the Newville area of Cumberland County, Pennsylvania. 3. A Decree in Divorce was entered on July 15, 2008, a copy of which is attached hereto and marked as Exhibit "A". : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 4. A Marriage Settlement Agreement was signed by the parties on April 30, 2008, a copy of which is attached hereto and marked as Exhibit "B". 2 5. Paragraph nine (9) of the Marriage Settlement Agreement provides for alimony in the amount of $1,650.00 for a period of four (4) years until the real estate was sold. Thereafter, alimony was reduced to $1,000.00 per month for the remainder of the four (4) years. 6. The Respondent last paid $750.00 for the month of May 2009, but has paid nothing thereafter to the Petitioner. 7. Paragraph ten (10) of the Marriage Settlement Agreement provides the Petitioner with health insurance as long as the Respondent's employer makes it available to him. 8. The Respondent is responsible for payment of the life insurance premium pursuant to paragraph eight (8) of the Marriage Settlement Agreement. The Petitioner has been forced to pay $41.75 per month since May 2009 to keep the life insurance in force and she seeks reimbursement for said premiums. 9. Pursuant to paragraph thirteen (13) of the Marriage Settlement Agreement, the Petitioner seeks reasonable legal fees in the amount of $1,000.00 for the enforcement of the Marriage Settlement Agreement. WHEREFORE, the Petitioner, Pamela K. (Gift) Barrett, seeks a rule to show cause why the Petitioner should not receive an Order by the Court which directs the Respondent, Kirk A. Gitt, to pay alimony of $1,000.00 per month, provide proof of health insurance coverage for Petitioner, reimburse her for the life insurance payments she paid to keep the life insurance policy in force, and reasonable legal fees of $1,000.00 to the Petitioner's legal counsel. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: , Esquire Marcus #. Mc teet 60 West Pomfret Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Defendant/Petitioner, Pamela K. (Gift) Barrett Date: November 27, 2009 4 N THE COURT OF COMMON PLEAS Kirk A. Gitt OF CUMBERLAND COUNTY STATE OF PENNA. VERSUS Pamela K. Gitt No. 2008 1440 DECREE IN DIVORCE AND NOW, \ " 11 r-7 , IT IS ORDERED AND DECREED THAT Kirk A. Gin PLAINTIFF, Pamela K. Gitt AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT BEEN RAISED OF RECORDW YET BEEN ENTERED;The Marital Settlement Agreement executed by the parties dated April 30, 2008 is MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 30 day o , 2008, by and between Kirk A. Gitt (hereinafter referred to as "HUSBAND") and Pamela K. Gitt (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 31,1977; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts but the parties will split their cellular telephone bill such that WIFE and HUSBAND shall each be responsible for their own expenses. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and household utility accounts, which shall be transferred into WIFE's name, WIFE shall further assume liability for the maintenance of the marital residence. C. The parties agree that they have no other joint obligations. 6. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL E TATE: The marital estate includes real property located in South Middleton Township, Cumberland County, known as 4 Eastwick Lane, Carlisle, Pennsylvania 17015. Said property is presently titled solely in the name of WIFE and only WIFE's name appears on the Mortgage and Promissory Note held against said property. HUSBAND hereby waives any and all interest in said real property and agrees to cooperate in the execution of any document necessary to evidence the same. B. PERSONAL PROPERTY: 1.) Motor Vehicles - The WIFE hereby releases to HUSBAND the parties' 1999 Chevy Blazer. HUSBAND hereby releases to WIFE the parties' 2004 Saturn ION. 2.) Bank Accounts - HUSBAND and WIFE have already reached an agreement to the distribution of funds from any and all bank accounts held in joint names. 3.) Pension and Retirement Accounts - HUSBAND and WIFE waive any and all claims against the pension and retirement accounts held by the other, including HUSBAND's profit sharing account held with State Farm Mutual. 4.) Other Personal Property - The parties agree that they have equitably divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree. 7. INCOME TAX RETURNS: In 2007 and thereafter, the parties agree to file separate federal state and local income tax returns and each shall be responsible for their respective tax obligations and each shall be entitled to their respective tax refund, if any. 8. LIFE INSURANCE: HUSBAND has obtained a life insurance policythrough State Farm Insurance Company of which WIFE is the beneficiary. HUSBAND shall transfer ownership of said policy to WIFE until such time as WIFE remarries and HUSBAND shall be responsible for the annual premiums associated therewith. Upon WIFE's remarriage she will either cancel the policy or assume the premium payments. 9. SPOUSAL SUPPORT AND ALIMONY: HUSBAND shall pay WIFE the sum of $1,650.00 per month in alimony for a period of four (4) years, however, in the event of WIFE's death, remarriage or cohabitation with an unrelated member of the opposite sex, as defined by the Divorce Code, then payments of alimony shall cease. Alimony shall be deductible to HUSBAND and shall be income to WIFE. In the event that WIFE sells the marital residence, then beginning the month settlement is scheduled to occur, HUSBAND shall pay WIFE the reduced sum of $1,000.00 per month for the remaining period and subject to the conditions set forth herein. The foregoing provisions shall not apply to WIFE's residence with the parties' daughter and her family. 10. HEALTH INSURANCE: Pending the entry of a divorce decree in this matter, HUSBAND agrees to maintain WIFE on. his health insurance so long as it remains available to him from his employer. Following the entry of a divorce decree, WIFE shall be responsible for obtaining medical insurance, including COBRA coverage through HUSBAND's insurance carrier, however, HUSBAND agrees to reimburse WIFE for up to a monthly maximum contribution of $650.00 per month. 'Phis provision shall continue for a period of four years (4) following the entry of a divorce decree, or upon the death, remarriage or cohabitation of WIFE. 11. EXTENSION OF ALIMONY AND HEALTH INSURANCE: Notwithstanding the foregoing provisions in paragraphs nine (9) and ten (10) concerning alimony and health insurance, if, after four (4) years, Wife is not remarried or is not cohabiting with a man, the provisions concerning the payment of alimony and health insurance shall be extended until such time as Wife dies, remarries, cohabitates with a man, or no longer needs alimony or health insurance. 12. MODIFICATION OF ALIMONY: If HUSBAND's financial circumstances materially change, and the parties cannot agree to a modification or termination of payments of alimony or health insurance, HUSBAND shall have the right to petition the Court for a modification or termination of the payments for alimony or health insurance in accordance with the provisions of 23 Pa.C.S. §3701(e). 13. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching parry, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful parry in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other parry any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. HUSBAND's attorney is Nathan C. Wolf, Esquire and WIFE'S attorney is Marcus A. McKnight, III, Esquire. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertaldngs other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF LAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in anyway, and each parry hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the others estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year fast above written. WITNESSES: (SEAL) KIRK A. GITT 0'? a , AL) PAMELA K. GITT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this /'? day of AX)L , 2008, KIRK A. GITT, (mown to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set rand and official seal. JOMMONWEALTH OF PENNSYLVAili,, Notarial Seal Nathan C. Woff, Notary Public Carlisle Boro, Cumbedand County d *CWM*9ion Expires Apr. 19, 2008 Notary , Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this eS(? day of 2008, PAMELA K. GITT, known to me (or satisfactorily proven) to be the pers n whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Nofarial Seal Martha L. Noel, Notary public Carlisle Boro, CurnbedwW County MY CornmMion E)ires Sept 18, 2011 Member, Pennsylvania Association of Notaries VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. PAMELA K. (GITT) BARRETT Date: November 27, 2009 4 KIRK A. GITT, Plaintiff/Respondent, V. PAMELA A. (GITT) BARRETT, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 1440 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Roger M. Morgenthal, Esq. Smigel, Anderson & Sacks, LLP 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 IRWIN & McKNIGHT, P.C. By: MarcgA A. Esquire 60 Wist Pomfr&-5treet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 30, 2009 6 2 009 NOY Ju Pt"I u' 1 4 1.L"W., Ljr1* DEC 012009 KIRK A. GITT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 1440 CIVIL TERM PAMELA K. (GITT) BARRETT, Defendant/Petitioner IN DIVORCE ORDER OF COURT AND NOW, this A '1(4 day of i , 2009, upon consideration of the attached Petition for Special Relief, a Rule is hereby issued and is returnable at a hearing scheduled for .AL HA 1 q , 9004 , in Courtroom No. a , at A:30 o'clock a ;x. Ce2t,xkhow- -0; -?-.m.4Cumberland County CiR6use, One Courthouse Square, Carlisle, Pennsylvania 17013. By: arcus A. McKnight, III, Esq. Attorney for Petitioner -- Roger M. Morgenthal, Esq. Attorney for Respondent 62g tnzwl. 1/07 7i E 2009 DEC -2 AM 10: 3 4 CU« r{ L?-Y KIRK A. GITT, Plaintiff/Respondent V. PAMELA K. (GITT) BARRETT,: Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1440 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of December, 2009, this matter having been called on a hearing for a petition to enforce the provisions of a property settlement agreement entered into between Kirk A. Gitt and Pamela K. Barrett, formerly Gitt, IT IS ORDERED: 1. Respondent shall immediately resume making payments as required on a life insurance policy, and he shall pay to petitioner the amount of $443.82 that she has paid for premiums he missed, not later than 90 days from this date. 2. Respondent shall immediately reestablish health insurance which covers petitioner. 3. Respondent shall immediately reestablish payments of $1,000.00 per month alimony to petitioner, and pay petitioner the $8,000.00 he is in arrears, not later than six months from this date. 4. Respondent shall pay petitioner $300.00 toward her counsel fees for this petition, not later than 90 days from this date. ? Marcus A. McKnight, III, Esquire For Petitioner -, Roger M. Morgenthal, Esquire For Respondent I prs 045''a l2S e7-,?11. l k.e' la.y, ,1 Fil FD-&, c OF THE PRL1T-'{""NARY 2009 DEC 15 AM 9: 39