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HomeMy WebLinkAbout05-1169 BARBARA J. GIBSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NOOj--:"/1~9 CIVIL TERM : IN DIVORCE RICHARD E. GIBSON, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, 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 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 TELEPHONE: (717) 249-3166 BARBARA J. GIBSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. CIVIL TERM RICHARD E. GIBSON, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(C ) OR (D) OF THE DIVORCE CODE Plaintiff, Barbara J. Gibson, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Barbara J. Gibson, is an adult individual residing at 52 Marsh Drive, Carlisle, Pennsylvania 17013. 2 Defendant, Richard E. Gibson, is an adult individual residing at 52 Marsh Drive, Carlisle, Pennsylvania 17013. 3 The parties were married on October 7, 1979, in Cumberland County, Pennsylvania. 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301@) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. ') ,~" /1 " . -{:-, '. (/ . ('1/' I L.-("L{..r~.CILl A...... jI~ "u.,.lL .Lindsay D. Bair.sf, Esquife j Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~4904 relating to unsworn falsification to authorities. . :;' /(" ' '( / J >1{JicG):;. .r:j(tJ(.;?,,--......, Barbara J. Gibson,. Plaintiff v' ~ ~f"\ ~ ~ - ~ l::i' ~ ---- w \t. ~ )--> ~ " ....> c':=' fj; :::J:. ,fl' -;;0 \ J;.- -" ~1-, - l';? J;." U:I ~ '1.." rn"':::~ -ctD -.:./;J CJ,b :::2 :;\ (~t~ -,;.~. (\I .~~" ~f) .4 ~ v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1169 CIVIL TERM BARBARA J. GIBSON, Plaintiff RICHARD E. GIBSON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCIE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March 4, 2005. 2. Defendant acknowledged receipt and accepted service of the Complaint on March 7, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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 imml3diately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: &,- ;;-O'!'- ~Lc'~ Richard E. Gibson, Defendant ~ ~ '- ~ ->- '" f'V ~ :;f,:>) C. "'0\ ~. :<,y (:~1(<; ., --'"' ~"^..."" S:: q (4.r~ ~2)P" ...-.,,; <"..:..-, :~ -- -- v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. oS- / I ~., CIVIL TERM BARBARA J. GIBSON, Plaintiff RICHARD E. GIBSON, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Cornplaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Richard E. Gibson, by Certified Mail- Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on March 7, 2005. Sworn and Subscribed to before me this t~.D day of June, 2005. lli~QM J- (~J Notary Public Notarial Seal . Niven J. Baird. Notary Pubhc Carlisle Bora, cu~berland County My Commission Expires Nov. 2. 2006 ~~~"""t'I"".. Do...",~,,\q:;lr;~ 1)....,.nr:latlOf1ofNotanes SENDER COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete 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 mailpiece, or on the front if space permits. 1. Article Addressed to: 1 t<tchJ.rd E (;(DSrJV) 5"~ /YlC1.4 6h brWL CCt r Ii sIL (J/')- 1/"/3 2. Article Number (Transfer from service label) PS Form 3811, AU9ust 2001 . Is delivery address different from item 1 ? Yes If YES, ente( delivery address below: 0 No o Agent o Addressee 3. ~ce l'tpe ~~ifled Mail _Oppress Mail o Registered ~eturn Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 7001 2510 DDOb 5891 5927 / VU/ ....- J' - - - ~ ...J _ . ..., Domestic Return Receipt 1 02595-02-M-1 035 ) 1 ) ( n r'_':! C") 0 C , ~ C)"'-' .n "1J :.7.i 1-;'1 -, '.. :-D '" ,- r,) --. (1'1 - '--.., :-.. ,~ C) ) , \-j - 0 0 C (.,,) Z --1 ::.:~-' BARBARA J. GIBSON, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1169 CIVIL TERM : IN DIVORCE RICHARD E. GIBSON, Defendant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March 4, 2005. 2. Defendant acknowledged receipt and accepted service of the Complaint on March 7, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: d' ~ A',t/-2'JS \ Barbara J.Gibs , ,...--.-/ ,-' " ~~~ ...., c.-:> ~:g i:= ~.:..- o -n --! -r "---n rn-!.- -oF;=; :e'Y -.::2(-') "-'.',;~B .~:-;.c) c:;m '-1 I> ~ -< ,'.> ,- :v w o BARBARA J. GIBSON Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO: 05-1169 Civil Term RICHARD E. GIBSON Defendant : IN DIVORCE SEPARATION AGREEMENT AND PROPERTY SETI'LEMENT This Agreement, made and entered into this a.-LfIh day of March, 2005, between Barbara J. Gibson, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and Richard E. Gibson, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on November 4, 1979 in Cumberland County, Pennsylvania; and WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other charncter thereof and their other rights, including the parties right to support and maintenance; and WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. Each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. 4. Spousal SuPPOrt. Alimony Pendente Lite, and Alimony Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein 5. Division of Personal Property. ^- Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage have been divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. B. The parties agree that the 1993 GMC Y, ton pickup shall be the sole and separate property of the Husband. Wife hereby waives any and all right, title, or interest she has or may have in this vehicle. C. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not incl~ furniture or any other property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 6. Debts. Husband is a joint obligor with Wife's parents on a mortgage Secured by real property located at 52 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. Wife hereby agrees to hold Husband harmless from and against any and all collection efforts relative to the payment of this mortgage. Further, Wife agrees that she shall be solely responsible for any debt of Husband secured by this real property. Wife shall make all mortgage payments for which Husband would be responsible and shall make each such payment when and as due, including any late charges. Wife agrees that she shall assure the mortgage is refinanced such that Husband is no longer indebted by this mortgage within 60 days of the date of execution of this agreement. 7. Future Debts. The parties further agree that neither will incur any further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 8. Real Property. The parties acknowledge that Husband, with Wife's parents, are owners of real property located at 52 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. Husband agrees that, contemporaneously with the execution of this agreement or as directed thereafter by Wife, he shall execute a deed transferring his interest in this property to Wife and/or Wife's parents. This deed shall be held in escrow by legal counsel for Wife, Husband, or Wife's parents, or their designee, until such time as the property is refinanced and Husband's name is removed from the mortgage. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension and retirement. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. Specifically, Wife hereby waives any and all right, title, and interest she has or may have in Husband's Employee Pension with The Alliance Home DBA Chapel Pointe at Carlisle. 11. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County at the above-mentioned caption. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties agree that they shall, after 90 days has elapsed from the date of service of the divorce complaint, execute the necessary Affidavits of Consent and Waiver of Notice for the entry of a final divorce decree in that action. 12. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 13. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 14. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 15. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 16. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: 4~~L~ Barbara Gibson ~A~I &;1~ Richard Gibson COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND On the cJ'-(~ day of March, 2005, before me, the undersigned officer, a Notary Public, personally appeared Barbara Gibson (Wife), known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA: /?~wid~~~ NOTARYP IC NOTARIAL 8m ROBIN J. GOSHORN, NOTARY PUBLIC . CARLISLE BORO., CUMBERLANO COUNTI MY COMMISSION EXPIRES APRILl7 2007 SS COUNTY OF CUMBERLAND On the dlf t.!J. day of March, 2005, before me, the undersigned officer, a Notary Public, personally appeared Richard Gibson(Husband), known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. IN WTINESS WHEREOF, I have hereunto set my hand and official seal. ~/;;;2Iu~gu1~ NOTARY P Ie NOTARIAL SEAL ROBIN!. GOSHORN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES APRILl7 2007 c. "" C':'".::l ~~A ~".... C) c.-: ~ .... :1:-n rnp en lfJ C) -,', ~l } C) )Ion ~.~ ~Q f'-) J:-. --;) 'f? BARBARA J. GIBSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-1169 CIVIL TERM RICHARD E. GIBSON, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mail, restricted delivery, return receipt, March 7, 2005. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: June 24, 2005 by Defendant: June 15, 2005. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: June 24, 2005 Date Defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: June 22, 2005 r-" Lindsay Dare aird, Esquire Attorney for the Plaintiff C) ....., ~~- = 0 c:.:> c.n -n '-- ::J c::.: ph :!J ...^':..: r- N -,,11'1 -""' :;:)0 '"),~ IJ ,:!~ -,." :;~~~ "'" or" --1 :r". c:' :-X) -< . .., . . . . . . . . . . . . . , , , , . . . , , , . , . , , , , , , . . . . . , , , , . . , , , . . , , '" . . 'f':!i:+':!i ;Ii'f' ;f.~:f ~~ 'f' 'f' 'f'~ ;f.'f' 'f':ti~~~~~ :ti'f'~ , IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. BI\RBARA J. GIBSON , Plaintiff No. 05-1169 VERSUS RICHARD E. GIBSON, Defendant DECREE IN DIVORCE AND NOW, ~U"l' l.."'ii - 2~~, IT IS ORDERED AND DECREED THAT Barbara J. Gibson , PLAINTIFF, AND Richard E. Gibson , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. 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 Agreement and Property Settlement is in=rporated but not merged into the Decree. ~ '. , , - - ., " " , , , ATTEST . , ..', ./ . -', . /" .- -, - . . ".... ......... ~ - ..:..." .. v,,: \~ """ ........""'-"" PROTHONOTARY , . ... :f.:f. :!i'f';!;:+::ti:+:;ti:+:'f''f' '" Of. :+. ;t;;t;t'+. 'f' '+':1':"'''' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . , . . . . . , . . , . . . , . , . . . . . . . . , . . , . J. . . . . ... . . . . . . " ~/fP % ~ ~ rv.je? ~ f7$ ~ My 'r95V.k~" -' ,.... . " ,.'