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HomeMy WebLinkAbout04-4636 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiff V. WALTER E. GEHRETT, Defendant CIVIL ACTION ~ LAW NO. 2004- IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is inditbqities or irretrievable breakdown of the marriage, you may request mamage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiff V. WALTER E. GEHRETT, Defendant CIVIL ACTION - LAW NO. 2004- q~- 36 ~ IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 14t~ day of September, 2004 comes Plaintiff, Deoma J. Gehrett, by and ttn:ough her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Deoma J. Gehrett, who resides at 268 Quarry Hill Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Walter E. Gebrett, who resides at 268 Quarry Hill Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Permsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. The parties were married on October 20, 1984, in Carlisle, Cumberland County, Pennsylvania. 5, The marriage is irretrievably broken. The fm'egoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiffhas been advised of the availability of counseling, and that the Plaintiff may have the fight to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & ICNIGHT, P.C. Sean M. Shultz, Esquire (_~.~~ Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (7l 7) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Deoma J. Ge~rett IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiffs WALTER E. GEHRETT, Defendants CiVIL ACTION - LAW NO. 2004- 4636 IN DIVORCE _CERTIFICATE OF SERVICE ANT) NOW, this ff,-~day of September, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a Tree and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on September 17, 2004, but actual service took place on September 20, 2004, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Walter E. Gehrett 268 Quarry Hill Road Newville, Pennsylvania 1724 l A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pe~msylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff Comp{Me Items 1,2, and 3. Also comp{ete item 4 if Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplane, or on the front if space permits. 1 · Article Addre~cl to: 7003 3110 m item 17 DYes below: [] No 3. Sewi Type [] Insured Mall [] C.O.D, ~ · ~ DDD4 5769 8LI1~4 'iI~S Fdrm 3811, Feb6J~a~ ~004i i. ! i i { Dorries{ic R~tym Receipt Exhibit "A" r:\User Fclder\FiTm Docs\Gendocs;!004\37(J9-1JTl.'iil.wpd SEPARATION AGREEMENT THIS AGREEMENT, made this 30 day of Sep+emh.-r ,2004, by and between WALTER E. GEHRETT, of 268 Quarry Hill Road, Newville, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and DEOMA J. GEHRETT, of 268 Quarry Hill Road, Newville, Cumberland County, Pennsylvania, party ofthe second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on October 20, 1984, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since June of 1998; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties ofthe parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division oftheir jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration ofthe mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: WEG IdEG Page I of 10 DJG~ ARTICLE I: SEPARATION 1.1 It shall be lawful for Husbaud and Wife at all times hereafter to live separate aud apart from each other aud to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husbaud or Wife of the lawfulness of the causes leading to them living separate aud apart. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood aud agreed by and between the parties hereto aud each ofthe said parties does warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of auy action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either oftheparties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal aud proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making auy just or proper defense thereto. It is warrauted, covenauted, and represented by Husbaud and Wife, each to the other, that this Agreement is lawful and enforceable and this warrauty, covenant, and representation is made for the specific purpose of inducing Husbaud and Wife to execute this Agreement. Husband and Wife each knowingly and lmderstaudingly hereby waive auy and all possible claims of this Agreement is, for auy reason, illegal, or for auy reason whatsoever of public policy, unenforceable in whole or in part. Husband aud Wife do each hereby warraut, covenaut and agree that, in auypossible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood aud agreed that the provision of this Agreement relating to the equitable distribution of property ofthe parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in auy other state, county, or jurisdiction, each of the parties to this Agreement hereby consents aud agrees that this Agreement aud all its covenauts shall not be effected in anyway by auy such separation or divorce; aud that nothing in auy such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. WEG !tJ6~' Page 2 of 10 DIG JQ)!i 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any ofthe parties hereto. It is understood by the parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County at docket number 2004-4636. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit this Agreement to survive any such agreements. ARTICLE III: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 ofthe Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages ofthe parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each ofthe parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. a. Wife shall receive the wicker furniture, sewing machine, one television, computer, dryer and one freezer. b. Husband shall receive the household furniture, one television, washer, one freezer, snow blower and mower. WEG&!CC Page 3 of 10 DJGifIi- 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. a. Wife shall transfer to Husband all her right, title and interest in and to the parties' jointly-owned property located at 268 Quarry Hill Road, Newville, Cumberland County, Pennsylvania. Husband agrees to refinance said property removing Wife as an obligor. Husband shall assume sole responsibility for the current mortgage on said property to Beneficial with an approximate balance of One Hundred Fifteen Thousand Dollars ($115,000.00) and shall hold Wife harmless from any liability or loss in connection with same. Husband shall be solely responsible for the real estate taxes on said property and shall hold Wife harmless from any liability or loss in connection with same b. Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Husband agrees to transfer to Wife all his right, title and interest in the 1996 Jimmy titled in both parties' names. If necessary, within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicle property registered in the other party's name with the Pennsylvania Department of Transportation. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they maybe entitled to pursuant to Chapter 37 of the Peunsylvania Domestic Relations Code. WEG/dCC Page 4 of 10 DJG~ ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. Husband shall assume sole responsibility for the following marital debts and agrees to indemnify and hold Wife harmless from any and all loss or liability in connection with same: a. Lowe's Credit Card Account No. 82220390039087 having an approximate balance of Six Hundred Dollars ($600.00). b. Debt to Mellon Account No. 5491 4920 11279795 having an approximate balance of Three Thousand One Htmdred Dollars ($3,100.00). c. Discover Credit Card Account No. 6011 0025 9253 1818 having an approximate balance of Seven Thousand Dollars ($7,000.00). d. MBNA Credit Card Account No. 4800 1324 0649 5817 having an approximate balance of Five Thousand Dollars ($5,000.00). e. Sears Credit Card Accolillt No. 54 81006227836 having an approximate balance of One Thousand Eight Hundred Dollars ($1,800.00). f. Homeowners Insurance on the property located at 268 Quarry Hill Road, Newville, Pennsylvania, to Met Life Insurance Company in the approximate amolillt of Four Hundred Eighty Dollars ($480.00) per year. Wife shall assume sole responsibility for the following marital debts and agrees to indemnify and hold Husband harmless from any and all loss or liability in connection with same: a. Fashion Bug Credit Card Account No. 600466 579 018 2151 having an approximate balance of Five Hundred Sixty-Nine Dollars ($569.00). b. IC Penney Credit Card Account No. 067 787 558 51 having an approximate balance of One Thousand Four Hundred Dollars ($1,400.00). c. Bon-Ton Credit Card Account No. 058 520 487 having an approximate balance of Three Hundred Dollars ($300.00). d. Fingerhut Credit Card Account No. 805 005 149 4067 323 having an approximate balance of Five Hundred Forty-Four Dollars G~544.(0). WEGd)/6 Page 5 of 10 DIG~ e. Retail Services Credit Card Account No. 7101-5810-0011-1916 having an approximate balance of One Thousand Six Hundred Sixteen Dollars ($1,616.00). f. Visa Credit Card Account No. 41214499 9801 3242 having an approximate balance of Four Thousand Seven Hundred Fifty-Three Dollars ($4,753.00). off. g. Sams Credit Card Account No. 10193100287835151 which has been paid h. Target Credit Card Account No.9 222 882 336 having an approximate balance of Four Hundred Eighty Dollars ($480.00). i. Wal-Mart Credit Card Account No. 6032: 2072 2040 7092 having an approximate balance of Three Thousand Twenty-Three Dollars ($3,023.00). j. Carters Credit Card Account No. 6012 5019 6017 5875 having an approximate balance of Four Hundred Dollars ($400.00). k. Exxon Credit Card which has been paid off. I. Lowes Credit Card Account No. 822 2239 061908 2 having an approximate balance of One Thousand Two Hundred Dollars ($1,200.00). m. Shell Credit Card Account No. 516 051 ] 90 05001 having an approximate balance of Five Hundred ($500.00). n. Household Credit Card Account No. 5433 3900 0328 4099 having an approximate balance of One Thousand Forty-Five Dollars ($1,(145.00). o. Citibank Credit Card Account No. 5418 8703 6000 4569 having an approximate balance of Five Thousand Two Hundred Thirty-Nine Dollars ($5,239.00). p. Citibank Credit Card Account No. 5424 1805 4327 0125 having an approximate balance of Two Thousand Nine Hundred Forty-One Dollars ($2,941.00). In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wifi~ incurred prior to the signing of this Agreement. WEGac'6' Page 6 of 10 DJGIifli- ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parti,cs by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties agree and consent to the fact that Sean M. Shultz, Esquire, of Hanft & Knight, P .C., represents Wife. Husband has had the opportunity to retain independent legal counsel. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate ofthe other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as 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, wh(~ther arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or whil~h may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution ofthis Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as maybe provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times WEGkJEC Page 7 of 10 DJG 4Ji- hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereo f or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance witb the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, 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 his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made DJll disclosure of all assets prior to the execution ofthis Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance:, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Page 8 of IO DJG~ WEG .0'E6 further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income ofthe other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.11 1n the event either party to this Agreement shall breach any tenn, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and de(:ree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both ofthe parties hereto and the covenants and agreements of each ofthe 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. 6.13 The parties both agree to cooperate with each othe~ in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. WEG tilES Page 9 of 10 DJG/i;I1.- IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: dJ~A;. C~ ~~zt Walter E. Gehn~tt bmw/# &Jutll Deoma J. G ett I WEG /tJE6' Page 10 of 10 DJG~ 4\ c- ~ -,'l c ) -",'- i\ <,.,"\ (,n L:" '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiffs CIVIL ACTION - LAW v. NO. 2004- 4636 WALTERE. GEHRETT, Defendants IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 15, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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 prior to a Divorce Decree being handed down by the Court. 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. Date: C;U~ 10 ,2005 Sworn to and subscribed before me this ,d"'-dayof ~ ,2005. ~9.0r~ Notary I'u . 4~@~ Deoma J. Ge t COMMONWEALTH OF PENNSYLVANIA NolariaJ Seal G&tty J. Bruck. Notary Public uiIfo<d Twp., Fran/dIn County M My CommIssion EJcpires May 27, 2008 Imber, Pennsylvania Association Of Notaries (~ ('-j c;.j ,-;;.;) ...:.....-., ,- (0 r;~ r'" ......" ()\ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiffs CNIL ACTION - LAW v. NO. 2004- 4636 WALTERE. GEHRETT, Defendants IN DNORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 15,2004. 2. The marriage of Plaintiff and Defendant is irretrif~vably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriag'~ counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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. - Date:J/I",..u /0 ,2005 1JaA; C ~~ Walter E. Ge,hrett Sworn to and s scribed before me this IOn.. day of , 2005. ~~.0~ Notary Pub '\Um '"Id"'COI.JfM~~'f"''tlI''Pl!NNSYLVANJA Notar..1 Seal Betty J. Bruck, Notary Public GuiIfo<dTwp" Franklin County My Commission EJCjlifes May 2:1, 2008 Member, PennsytvanJa Assoclat1on Of Notanes 1'..._ ,..,' CD l' {,f'" <.; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiffs CIVIL ACTION - LAW v. NO. 2004- 4636 WALTER E. GEHRETT, Defendants IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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! 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 ;md correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: frv /~ djO!5 4}1'ffWZ' ~ ~h .//:1 Deoma J. Ge ett ("-, !"--, "' ~" ) cJ' ,- (') -n L',') t:? en 0: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiffs CIVIL ACTION - LAW v. NO. 2004- 4636 WALTER E. GEHRETT, Defendants IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF' THE DIVORCE CODE I. 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. S4904 relating to unsworn falsification to authorities. Date: :Jfi-,{}- /0 c4:;J06' !JaA.~ ~ .-4/17L Walter E. Gehrett F,\User Folder\Finn DocsIGendocs2004\J709_1 waiver,notwpd "\, <..-j" <> r~'? (,'"\ c;', ,"-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEOMA J. GEHRETT, Plaintiff v. CNIL ACTION - LAW NO. 2004-4636 WALTERE. GEHRETT, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Defendant by U.S. certified, restricted delivery, return receipt requested mail on September 20, 2004. 3. Date of execution of the Plaintiffs Affidavit of Consent required by Section 3301 (c) of the Divorce Code; January 10, 2005; by the Defendant; January 10, 2005. 4. Related claims pending: None. 5. Date Plaintiff s Waiver of Notice in ~330 I (c) Divorce was filed with the Prothonotary: January 17, 2005. Date Defendant's Waiver of Notice In ~3301(c) Divorce was filed with the Prothonotary: January 17, 2005. Date: January 13, 2005 KNIGHT & ASSOCIATES, P.c. ~~..~ Attorney LD. No. 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff F:\User Folder\Firm Docs\Gt'Ildocs2005\3709_1praecipe_wpd _.- C":) _<;;:i ,,;: d~ 0l - ;t;;f. ~iii:ti . . iii:f< Ot':t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. . STATE OF No. 2004-4636 DECREE IN DIVORCE 1a.-u,,? z,,; - ,2005 ,IT IS ORDERED AND . DECJilA J. GEHREIT. Plaintiff VERSUS WALTER E. GEHREIT, . Defendant . . . . . . AND NOW, DECJilA J. GEHREIT , PLAINTIFF, DECREED THAT AND WALTER E. GEHREIT . DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Separation and Property Settlement Agreement dated September 30, 2004 is incorporated by reference. . . . {l~ PROTHONOTARY - . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. :i6I '1L' . / ]V~' J;-e I . & 7 ~'M r'r"" fr;r:> ft;p ;z ~;", 4-, . rV ,. .+ 01'. '"' } -