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HomeMy WebLinkAbout04-0895MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUN'T'Y, PENNSYLVANIA V. :NO. CA - NZ UL L ZzLrr? PAUL S. GIBSON, : CIVIL ACTION - DIVORCE 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 or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 CLAIMANY 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 WIIER.E YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MONICA V. GIBSON, Plaintiff V. PAUL S. GIBSON, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - P?9 ?1 UL CIVIL ACTION - DIVORCE J COMPLAINT UNDER SECTION 3301(d) OF TIC DIVORCE CODE 1. Plaintiff is Monica V. Gibson, who resides at 60 Diane Circle, Camp Hill, Pennsylvania. 2. Defendant is Paul S. Gibson, who resides at 25 Clifton Avenue, Apartment D 1606, Newark, New Jersey. 3. Plaintiff has been a bona fide resident of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 17, 1989, in Rio de Janeiro, Brazil. 5. The parties are living separate and apart. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff waives the right to request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Plaintiff avers that this ground on which the action is based is that the marriage is irretrievably broken. WI?REFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce after the parties have been separated for at least two years and have resolved their economic issues. COUNT I EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. The prior paragraphs of this pleading are incorporated herein by reference thereto. 12. The parties have accumulated various items of property both real and personal during the marriage. 13. Upon information and belief Defendant has various items of premarital property that have increased in value during the marriage. 14. The parties have been unable to agree upon an appropriate distribution of the marital assets. 15. Plaintiff desires that the Court equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order equitably distributing the marital property pursuant to Section 3502 of the Divorce Code. COUNTII ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 16. The prior paragraphs of this pleading are incorporated herein by reference thereto. 17. Plaintiff is unable to sustain herself during the course of litigation. 18. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable sustain herself through appropriate employment. 19. Defendant has sufficient resources available to sustain himself, pay his counsel fees, costs and expenses and provide assistance to Plaintiff for her support, counsel fees, costs and expenses. 20. Defendant is in a better position to provide for Plaintiff than Plaintiff can provide for herself. 21. Plaintiff desires that the Court enter an award of Alimony Pendente Lite, Counsel Fees, Costs and Expenses after considering all relevant factors. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an award of Alimony Pendente Lite until final hearing and that the Court enter an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Divorce Code. COUNT III ALIMONY UNDER SECTION 3701 OF TIE DIVORCE CODE 22. The prior paragraphs of this pleading are incorporated herein by reference thereto. 23. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 24. Defendant has sufficient property and resources to provide for himself and Plaintiff. 25. Plaintiff desires that the Court enter an award of permanent alimony after considering all relevant factors. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an award of alimony to be paid to Plaintiff by Defendant pursuant to Section 3701 of the Divorce Code. Respectfully submitted, DATED: ---'z--?? ?_ .3- 1- 0 `-/ _...?J /?ora F.-Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ry `cam ??? Q rO-,) MONICA V. GIBSON, Plaintiff V. PAUL S. GIBSON, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA :NO. ON - ?9S 1. ?Ul(,?? CIVIL ACTION - DIVORCE PRAECIPE TO EN'T'ER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the above- captioned case. Respectfully submitted, /? DATED: -- 4ora- F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-895 Civil Term PAUL S. GIBSON, : CIVIL. ACTION - DIVORCE Defendant PRAECIPE TO REINSTATE To The Prothonotary: Please reinstate the above-captioned Complaint. DATED: Respectfully submitted, Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 ? a o MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUN'T'Y, PENNSYLVANIA V. : NO. JP745 01OLL ?c?YLW PAUL S. GIBSON, : CIVIL. ACTION - DIVORCE Defendant PRAECIPE TO REINSTATE To The Prothonotary: Please reinstate the above-captioned Complaint. Respectfully submitted, DATED: o y Nora F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 i mo m I" " -OM -TI >C.. GJ ? _ Cn MONICA V. GIBSON, Plaintiff V. PAUL S. GIBSON, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-805 Civil Term CIVIL ACTION - DIVORCE PRAECIPE TO REINSTATE To The Prothonotary: Please reinstate the above-captioned Complaint. DATED: Supreme Court ID 45513 5444 0 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 Respectfully submitted, r? C" a O C!t ? y ? 'fra C.:., . ?c i*J I O G , 3 ? MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-895 Civil Term PAUL S. GIBSON, :CIVIL ACTION -- DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about August, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. rv? (ILr Date: Y12 Monica V. Gibson MONICA V. GIBSON, Plaintiff V. PAUL S. GIBSON, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-895 Civil Term CIVIL ACTION -- DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this F - day of 2006, by and between PAUL S. GIBSON, hereinafter referred to as "Husband", and MONICA V. GIBSON, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on March 17, 1989; WHEREAS, the parties hereto separated on or about March, 2001; WHEREAS, there were two sons born during this marriage, Paul E. Gibson, born June 10, 1990; and Michael A. Gibson, born January 18,1992; 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 of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the parties' minor sons including custody, visitation and support; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, 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. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part 2 of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. I l . G 3 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. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Nora F. Blair, Esquire. Husband has been advised of and understands his right to seek legal counsel to explain the provisions of this Agreement and their legal effect. Husband voluntarily waives his right to legal counsel. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the i l 4 exception of disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value in excess of five hundred dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00). 6. PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. 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. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 5 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as 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, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this C A71 L C? s Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other with or upon the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations ofwhatsoever nature arising orwhich may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. BANKACCOUNTS AND RETIREMENT ACCOUNTS. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that each account or plan shall be the sole and separate property of the person in whose name the account is titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Both parties agree to execute any documents necessary to effectuate this paragraph. tJl6'7 - C? 7 10. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees to return to Husband the two rings that Husband received from his grandmother and gave to Wife. The parties have divided their personal property to the satisfaction of both parties. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 11. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. J:( / . 8 r? 12. REAL ESTATE. The parties are the owners of a house located at 60 Diane Circle, Borough of Wormleysburg, County of Cumberland. Wife shall retain said real estate as her sole and separate property. Simultaneously with signing this Agreement, Husband shall execute a deed transferring his interest in said real estate to Wife. Simultaneously with the execution of this Agreement, Wife shall execute a mortgage against said real estate in the amount of $41,000.00. Said amount is to be paid at the earlier of (a) the time of settlement on the sale of the property by Wife to a third party; or (b) six (6) months after the remarriage of Wife; or (c) six(6)months after Wife receives an inheritance sufficient to pay the mortgage in full; or (d) June 30, 2014. The amount to be paid pursuant to said mortgage is $41,000.00 plus $41,000.00 multiplied by the change factor which is a fraction having a numerator of 200,000 less the appraised value of the real estate at the time the precipitating event occurs and a denominator of 200,000. Wife shall be solely responsible for the payment of the current mortgage, home equity loan and all other expenses associated with said real estate. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. Wife shall claim the mortgage interest and real estate taxes for federal tax purposes for 2006 and subsequent years. V 13. AUTOMOBILES. The parties are the owners of two automobiles. The Dodge Neon shall be Wife's sole and separate property. The BMW shall be Husband's sole and separate property. Husband shall be solely responsible for the payment of any loan on his vehicle. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 14. 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 herebywaives, 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 10 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. 15. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured. Husband and Wife each agree to retain each other, their sons or a trust for the benefit of their sons as the beneficiaries of their life insurance policies with a face value equal to or exceeding that currently in existence until both of the parties' sons are twenty-two (22) years of age. Further the parties agree that if the face value of the party's life insurance policies does not total One Hundred Thousand Dollars ($100,000.00), the party will name the other party, the parties' sons, or a trust for the benefit of the parties' sons as the beneficiary of the death benefit of the party's 401(k), Individual Retirement Account (IRA), other retirement or pension account, or other assets of the party's estate to reach a total death benefit for the parties' sons of One Hundred Thousand Dollars ($100,000.00) until both of the sons are twenty-two (22) years of age. The parties shall provide proof of such beneficiary designations no later than January 15 of each year. 11 16. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name. Husband shall be solely responsible for payment of any and all debt that is in his name. Husband and Wife have either canceled or divided all jointly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above. Except as otherwise specifically stated in this Agreement, Husband shall be entirely and solely liable for any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Wife with regard to same. Except as otherwise specifically stated in this Agreement, Wife shall be entirely and solely liable for any past, present and future balances due on her credit cards, other debts and loans of any nature whatsoever, and she shall fully indemnify Husband with regard to same. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. v? ?f 12 17. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 13 \ `l C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personalty Transfer: If either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment I 0? ? 14 in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 1. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Debt: From the date of this Agreement, each party 15 shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. L. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party's estate might be responsible. 18. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, orwith respect to any other issue, which is inconsistent with the position set forth in this Agreement. 19. TAX RETURNS. The 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 party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, 16 including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. 20. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be solely responsible for payment of her legal fees except that Husband shall pay to Wife one-half of the charges for work performed on June 17, 2006. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. 21. ALIMONY AND ALIMONY PENDENTE LITE. Except as indicated below, Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, alimony pendente lite, support or maintenance. Except as indicated below, it shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. Husband agrees to pay directly to Wife alimony in the amount of $150.00 per month beginning July 1, 2008. Said ., 17 amount shall increase to $750.00 per month beginning on July 1, 2010, and continuing until June 30, 2015. Said alimony payments shall cease upon the death of either party or the remarriage of Wife. If Husband fails to make alimony payments as set forth in this paragraph, the amount not paid shall be subtracted from the $41,000.00 owed to Husband by Wife pursuant to paragraph 12 of this agreement and the mortgage signed by Wife in favor of Husband. In addition the same amount shall be subtracted from the $41,000.00 before the number is multiplied by the change factor pursuant to paragraph 12 and the mortgage signed by Wife in favor of Husband. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. 22. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement 18 specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 21 CHILD CUSTODY. The parties agree to share physical and legal custody of the parties' minor sons with Wife having primary physical custody. Husband and Wife agree that each shall be entitled to two weeks of uninterrupted time with the parties' minor sons each summer. Each parent shall notify the other parent at least thirty (30) days prior to the start of any of their weeks during the summer. The parties agree to share holidays so that each parent has a reasonable amount of time with their sons. 24. CHILD SUPPORT. Husband agrees to directly pay to Wife child support in the amount of $1,500.00 per month beginning on the first day of the month following entry of the divorce decree and continuing until June 30, r 19 2008. Beginning July 1, 2008, and continuing until the parties' youngest son graduates from high school, Husband agrees to pay directly to Wife child support in the amount of $1,150.00 per month. Husband agrees to provide health insurance coverage for each the parties' minor sons until the son is no longer a full-time student or age twenty-two whichever is soonest. If Husband is unable to provide said health insurance coverage through his employer, Husband shall pay to Wife the full amount of the health insurance premium for the parties' sons each month. If Husband fails to make payments as set forth in this paragraph, the amount not paid shall be subtracted from the $41,000.00 owed to Husband by Wife pursuant to paragraph 12 of this agreement and the mortgage signed by Wife in favor of Husband. In addition the same amount shall be subtracted from the $41,000.00 before the number is multiplied by the change factor pursuant to paragraph 12 and the mortgage signed by Wife in favor of Husband. 25. DIVIDED ASSETS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, retirement funds, motor vehicles, personal effects and household contents as set forth in this Agreement. Husband and Wife hereby assign all of their respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Husband shall be the sole and exclusive owner of such assets as divided herein and designated for Husband. Wife shall be C 5t 67 20 the sole and exclusive owner of such assets as divided herein and designated for Wife. 26. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce has been filed in Cumberland County. The parties agree to have the divorce decree entered in that case pursuant to Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 27. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 28. WARRANTY AS TO FUTURE OBLIGATIONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 29. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 22 U 31. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 32. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. OTHER DOCUMENTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 34. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be j], 23 construed as a waiver of strict performance of any other obligations herein. 35. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 36. SEVERABILITY. 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 37. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. ?? 24 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. PAUL S. GIBSON MONICA V. GIBSON COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this, the day of 2006, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared MONICA V. GIBSON, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. of Public NOTARIAL SEAL Nora F. Blair, Notn' Public Lower Paxton Twp., Dauphin County My commission expires May 10, 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :ss. On this, the day of 2006, before me, a Notary ? It Public for the Commonwealth of Pennsylvania, personally appeared PAUL S. GIBSON, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL Nora F. Blair, Notary Public Lower Paxton Two., Dauphin County My commission expires May 10, 2007 I w MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-895 Civil Term PAUL S. GIBSON, :CIVIL ACTION -- DIVORCE Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Paul S. Gibson Defendant You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counteraffidavit to the 3301(d) Affidavit. Therefore, on or after July 27, 2006, Plaintiff may request that the Court enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counteraffidavit by the above date, the Court may enter a final Decree in Divorce. A Counteraffidavit you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counteraffidavit alone does not protect your economic claims. 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 MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-895 Civil Term PAUL S. GIBSON, : CIVIL ACTION -- DIVORCE Defendant COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either a or b: a. I do not oppose the entry of a divorce decree. b. I oppose the entry of a divorce decree. If you oppose entry of a divorce decree, check i, ii or both: i. The parties to this action have not lived separate and apart for a period of at least two years. ii. The marriage is not irretrievably broken. 2. Check either a or b: a. I do not wish to make any claims for economic relief. 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. b. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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: Paul S. Gibson Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER- AFFIDAVIT- MONICA V. GIBSON, Plaintiff V. PAUL S. GIBSON, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-895 Civil Term CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Notice of Intention to Request Entry of §3301(d) Divorce Decree and Counteraffidavit on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Address that defendant requested be used: Paul S. Gibson 60 Diane Circle Camp Hill, PA 17011 Defendant's last known mailing address: Paul S. Gibson 25 Clifton Avenue, Apartment D 1606 Newark, New Jersey Date: July 7, 2006 MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-895 Civil Term PAUL S. GIBSON, :CIVIL ACTION -- DIVORCE Defendant ACCEPTANCE OF SERVICE I, Paul S. Gibson, am the Defendant in the above-captioned divorce matter. I have accepted service of the Complaint in Divorce and the Notice and Affidavit Under Section 3301(d) of the Divorce Code as of this the day of 44. 1 sZ. , 2006. L Paul S. Gibson MONICA V. GIBSON, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-895 Civil Term PAUL S. GIBSON, :CIVIL ACTION -- DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD UNDER § 3301(d) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: (a) Date of service: June 17, 2006. (b) Manner of service: Acceptance of Service. 3. (1) Date of execution § 3301(d) affidavit: May 28, 2006 (2) Date of filing and service of § 3301(d) affidavit upon the other party: (a) Date filed: June 16, 2006. (b) Date served: June 17, 2006. 4. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (a) Date of service: July 7, 2006. (b) Manner of service: First Class Mail. 5. Date of Waiver of Notice: June 27, 2006 (only faxed copy received by counsel). 6. Related claims pending: NONE DATED: July 27, 2006 F. Blair, Esquire nev for Plaintiff IN THE COURT OF COMMON PLEAS MONICA V. GIBSON OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS PAUL S. GIBSON Defendant DECREE IN DIVORCE AND NOW, A V G 3 J } AW1o IT IS ORDERED AND DECREED THAT MONICA V. GIBSON AND PAUL S. GIBSON No. 04-895 Civil Term , PLAINTIFF, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. TheMarit'alSettlementAgreement dated June 17, 2006, is incorporated into but not merged into this Decree in Divorce. 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; A BY THE COURT: 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a/VtC.&_ V. G4bsoAJ Plaintiff Vs File No. O q? q.5' IN DIVORCE (S?t b S onl . Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x' j prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated / 15. / zw o hereby elects to resume the prior surname ofMau? ?CoS' A.VV-" and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 07 /0 2. /O 1 L COL Signature Signature of name being resumed COMMONWTH OFPEMKNS VANIA ) COUNTY OF r On the &NC?ay of _2200 before me, the Prothonotary or the notary public, personally appear the above affiant 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 set my hand and official seal. Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 PA ji ;? (, :, ?; .) q -C w C -0 1:7 frt7-. r U? N C7 ?? rn .F'