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HomeMy WebLinkAbout05-1351 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARILYN A. GIBSON, PLAINTIFF, Civil Action---Divorce Docket No. OS' - J] ~! C. ;u; L"-rk"",,,- V. ST ANLEY M. GIBSON, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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, Ajudgment 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, 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, IFYOU 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, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARIL YN A. GIBSON, PLAINTIFF, Civil Action---Divorce Docket No. V. STANLEY M. GIBSON, DEFENDANT, A VlSO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIOO DEMANDADO EN LA CORTE, Si desca defenderse de las quejas expuestas en las paginas siguicntes, debe tomare accion con prontitud, Se Ie avisa que si no se defiende. cl caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por la Corte, Una decision puede tambien ser emitida en su contra por cualquier olra queja 0 compensacion reclamados por el demandantc, USled puedc pcrder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una !ista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPlEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE lNMEDIA TO Sl NO TIENEPUEDEPAGAR UN ABOGADO. V A Y A 0 LLAME A LOFFlCINAINDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASIS TEN CIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 A V AILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE A V AILABIUTY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa,C.S. & 3301 (a)(6)-------Indignities 23 Pa.C.S, & 3301 (c)nm--mlrretrievable Breakdown; Mutual Consent 23 Pa.c.S. & 330I(d)-unnn-Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A Jjsl of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW /. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARILYN A. GIBSON, PLAINTIFF, Civil Action---Divorce Docket No. DS Cio;L~~ V. ST ANLEY M. GIBSON, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(0) OF THE DIVORCE CODE PARTIES I. Plaintiff is Marilyn A. Gibson an adult individual, sui juris who currently residcs at 9 Cromwell Court, 17050 in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Stanley M. Gibson. an adult individual, sui juris, who currently resides at 9 Cromwell Court, 17050 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months, 4. Thc parties wcre married on January 23"d, 1956, in Hagerstown in the State of Maryland. 5. Ncither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments, (>. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7, For the purposes of section 3301 (d) of the Divorce Code, the parties have becn living separate since January 22nd, 2005. 8. The marriage is irretrievably broken. 9 Plaintiff has becn advised that counseling is available and that the plaintiff may havc the right to requcst that the court require thc parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decrcc of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code, 11, The parties do have two biological children born with the bonds of matrimony. 12, The parties have not heretofore entered into any written agreement as to support, Alimony. or propcrty division, COUNT] GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13, The prior paragraphs are incorporated hercin by refercnce, WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapscd from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) ofthc Divorce Code. COUNT I PETITION FOR EOUlTABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 23.. Thc aVCJl11ents of paragraph 1 through 13 of Count are incorporated herein by direct references thereto as ifset forth verbatim, 24, The partics are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code, 25, Such marital property includes real and personal property as well as other intangible property thought to exist, including but not limited to pensions, bank accounts, etc, 26. Such property is subjcct to equitable division, distribution and assignment by this Court. / VERI FICA nON 1 veri fy that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. 1 understand that false statements herein arc made subject to the penalties of 18 Pa C.S, & 4904, relating to unsworn falsification to authorities. Date:cmO'/l.{'/J) .) @..s- ( cnraW!Z!)/7 (I /~~ Marilyn A. Gibson, Plaintiff G> ~ --lA ?t ~ll l> ?J...a \" C; () ~ r- ~ ~ g ~ - t; I J ~ 1L \J:t>~ ~ t ~~ ~ ~ Q---t- -..c:: ......, C'i ( t~,? (;" _} f'...:) . ',.\.~ ( } .' en , ; "",l, SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF MARILYN A. GIBSON AND STANLEY M. GIBSON oth ' day of I1arch ' 2005, by and THIS AGREEMENT, made this between Marilyn A. Gibson, hereinafter referred to as" Wife, and Stanley M. Gibson hereinafter referred to as " Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 23'd day of January 1956 in the State of Maryland. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SFPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. o INTFRFFRFNrF' Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the pcaceful existence. separate and apart from the other in all respects as if he or she were single and unmarried 3. WIFF'S DICRTS. Wife represents and warrants to Husband that since their separation on or about February 22ml. 2005, she has not. and in the future sbe will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemni1'y and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the cntry of the divorce decree, 4. ffirSRANn'S nFRTS' Husband represents and warrants to Wife that since their separation on or about February 22"", 2005. he has not. and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnity and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him, (A) 0I1TSTANnTNr. MARITAl nFRTS' It is represented as between the parties that there are currently joint marital debts incurred during the marriage and consisting of a home mortgage and financing on a marital home held with Washington Mutual Finance, 5. I FCAI RFPRFSFNTATTON It is hereby acknowledged and understood as between the parties to this agreement that each is represented by legal counsel of his or her choosing, Wife is represented by Gregory S. Hazlett, Esquire. Husband has been advised and encouraged to retain counsel of his choosing to represent his legal interests, Each party has been fully advised of their respective legal rights and responsibilities and have accordingly reached this agreement voluntarily and knowingly. 6. MIITlIAI RrJ FASF' Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives. executors. administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity. which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement, Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code, 7 FQ1JlTARI F mSTRlRTTTTON OF MARITAL PROPFRTV: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health. station, amount and sources of income. vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education. training or increased earning power of the other party; the opportunity of each party for future acquisitions 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 or dissipation of each 2 party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker: the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. D1STRlRrrTTON OF PFRSONAT. PROPFRTV TIlf' r~rties hereto will c1ivicle ::III persol1;:J1 itf':ITI" rOl1sistine of hut not hy w~y of limit~ti()n the hnll<;;eholcl fllrnishin~s ::appli:::lnc.es ::Inn other hOIl":eholcl person:::! I property of whMevef type ciescriptiol1 :'!.nn form hdween them ::'IS (mt'il1f':n heTf~inaftf':r :mcl the)' mlltll;:tlly ::Ie-ree th:lt eHch party ,,11::111 from ::Inn ;-Jfler tile chlte of the exchallee of these: items e::tch ,,11::111 he the sole ;mn c;.f':(J::ar:1te owner of;:lll "!Jcll t:meih1e person;:! I property once '\1Ic.h propf':rty is in his or her possession wIn: L Bedroom Suite 2.. Kitchen table 2 chairs :L Wood trash container 4. Long Berger Baskets 5- Mirror in front room Ii.. Child's wicker rocker 1.. 2 floor lamps !L 2 end tables 'L 4 table lamps l1L Cedar Chest 1L Mothers trunk l2.. Steamer Trunks 13. I red sweeper K Doll Carriage 1.5. Doll cradle in dining room 1fk China cupboard in front room l"L 2 wall shelves in dining room .IlL Clock from work --jug in family room--- desk l'L Corning dishes 2IL Set of old books from my home-flIild's books 2L Spinning wheel o , HI1SRAND L Black sweeper 2.. Rug cleauer .L Hoosier cabinet 4.. Hummel's and cabinet 5- 4 Hummel lamps 6.. Dining room table and chairs 1.. Dry sin k 8.. 2 TV's 'L Bedroom suite 11\... 2 end tables 1L 2 TV stands 12. 2 depression lamps l.l.. Antique floor lamps l4.. Dry sink in front room 15. Tractor lil. Snow blower l1.. Mower l1l. Grandmothers clock l'L Trains 2lL Other dish set 2L Flea market and auction items in basement 22. Items locked in spare bedroom Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benetits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement. and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreemcnt and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property. whether real of personal, whether such property was acquired before, during or after the marriage. and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 4 8. REAL PROPERTY: The parties to this agreement have a legal equitable and possessory interest in real property consisting of a marital home located at 9 Cromwell Court, Mechanicsburg, PA. 17050. It is hereby agreed as between the parties that the parties shall place the marital home for sale within thirty (30) days, of the execution of this agreement, with a reputable realtor of their choosing. The parties upon the sale of the home shall payoff all liens and encumbrances and shall divide equally between them the proceeds left remaining with each party to receive fifty (50 %) percent of such profits. It is hereby agreed that the Wife shall pay the mortgage payment for no longer than a six-month period to commence when both parties have signed this agreement and shall end on the sixth month or before if the home sells within this six month period. Husband agrees and covenants that he shall pay all utilities, taxes, upkeep, maintenance and any and all other expenses related to the home, Upon the expiration of six months, if the home is not sold Husband and Wife shall split the mortgage payment equally with each party contributing fifty (50%) percent to the mortgage obligation until the home sells to a willing buyer. Both parties shall cooperate with each other and shall sign any and all documentation required to facilitate the sale of the home when called upon to do so to enable the conveyance of the property to the contracted buyer, 9, PAYMENT OF MARITAL DEBTS Wife hereby agrees to Indemnifv and Hold hnsband harmless from any liability that may result as a consequence of her failure to make mortgage payments during the six month period within which she is making the mortgage payments as outlined above. 10. POST-SEPARATION OBLIGATIONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to January 22"d, 2005, the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable. the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from such post-separation and/or future obligations, 5 II. MOTOR VEHICLES Wife shall be entitled to retain both possession of and legal and equitable ownership of a 1999 Buick Century, which is currently titled in her name alone. Wife shall pay any and all expenses related to her possession and ownership of this vehicle and shall hold husband harmless and indemnify husband in the event of non-payment of expenses related to her ownership and possession of said vehicle, Husband shall retain possession and legal and equitable ownership of the 1998 Dodge Dakota. Husband shall pay any and all expenses related to his possession and ownership of this vehicle and shall hold Wife harmless and indemnify Wife in the event of non-payment of expenses related to her ownership and possession of said vehicle. Husband shall also retain possession of the 2001 Buick Century. Husband shall pay any and all expenses related to his possession and ownership of this vehicle and shall hold Wife harmless and indemnify Wife in the event of non-payment of expenses related to her ownership and possession of said vehicle, Each party shall execute any and all documentation necessary to convey any interest into the receiving party's name to give effect to the allocation of the aforementioned vehicles. 12, SUPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind, 13. PENSION PLAN(S): The parties release any interest in the opposite spouse's Pension(s), 401 (k), Retirement Account(s) Stocks. Bonds, Life Insurance Policies or any other interest wheresoever located and which may have accumulated prior to, during andlor subsequent to the marriage. 14. COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, Each party shall pay their respective counsel fees and shall not advance a claim for contribution from the other party. 6 IS, WAIVFRS OF CLAIMS M::ATNST FSTATFS' Except as herein otherwise provided, each party may dispose of his or her property in any way. and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation. dower, curtesy. statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate, Each will, at the request of the other. execute, acknowledge and deliver any and all instruments, which may be necessary, or advisable to carry into etfect this mutual waiver and relinquishment of all such interests, rights and claims, 16, SIJRSFQTlFNT mVORCF I ATTORNFYS T1FFS Wife has filed a no-fault complaint in divorce against Husband under Section 3301 (c) of the Divorce Code, This Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce. 17, RRF ACH A NO FNFORCFMFNT' 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 seek other such remedies or relief as may be available to him or her. and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement A, It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law, The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B, Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specitlcally understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay, C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever. or shall pay upon. or in consequence of any detillllt or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage cOllnsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees. and costs of litigation mllst first be successful in whole or in part, before there would be any liability for attorney's fees and costs of 7 litigation, It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 18. A nmTTON AT lNSTRlTMFNTS' Each of the parties shall from time to time, at the request of the other, execute. acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOIlTNTARV FXFC'lJTTON' The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily. with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influcnce. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by each of them. 20 ENTIRE Ar.RFFMFNT' This Agreement contains the entire understanding of the parties and there are no representations. warranties, covenants or undertakings other than those expressly set forth herein, Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors, which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property. but nothing herein contained shall constitute a waiver by either party of any rights to seek the rclief of any court for the purpose of enforcing any provision of this Agreement. 21. mSrl OSIJRF" Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. .,., MonlFJrATlON ANn WAIVFR' A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. ~ l' "'--'. PRIOR Ar;RFFMFNT' It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 24. nl<SnUPTlVr HI< AnINr;S' The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. rNnFPFNTlFNT SFPARATF rOVFNANTS' It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26, APPI WAHl FlAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 27, vom ('J ATTSFS' If any terms. conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in taw 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, efTect and operation. 28, Ar;RI<FMFNT RTNnTNr; ON HFmS' This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs. executors, administrators, successors and assigns. 9 IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written inlending to be legally bound. 'i1l1/JJu~ '7 Cl,~ Marilyn A ~ibson Commonwealth of Pennsylvania Count). of Cumberland On this, the __ ~ . day oj tr1'.J"L~ A. D, 2005, before me a Notary Public appeared Marilyn A. Gibson. known to me (or satisfactorily proven) to be the person whose name is subscribed iO the within instrument. and acknowledged that he executed the same for the purposes therein contained IN WITNESS WHEREOF, I hereu and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KITTY M. GLASSER. Nolary Public SHVIIf Spring Twp.. Cumbe~and County My Comm~ Expires July Zl. 2008 Seal .D~if ?,J-.h c. / Tille of Officer Jn~o~'~ Commonwealth of Pennsylvania Count)' of Cumberland On this. the r ' day oj fI'l....,~ A, D. 2005. beflJre me a Notary Public appeared Stanley M. Gibson known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument. and acknowledged that he executed the same fiJr the purpose,\ therein contained. IN WITNESS WHEREOF, I here and of/ie ial seal, Seal COMMONWEA...i t1 OF PIiNNSYlVANIA NOTARiAl SEAL KITTY M. GLASSER, Nolary Public SDver Spring Twp., CUmberland County Mv Commission Explles July V, 2008 . .v~ 'PdJ,c T,tle of Officer 10 C) "', c: {'-,;~~ 0 C::;l !;Jl ., <- ...... c--=: :::c f--- nl(":',: -n{"T1 CJj :!.~; !':fJ ':;c> -0 " " , , -<,,. ;-"_;:C ~" '-:c-~ 1,"-' ( f';-? ('j\"11 , -~ .::.~l -< (-, :;0 (..) -< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA MARILYN A. GIBSON, PLAINTIFF, Civil Action---Divorce Docket No. 05-1351 V. ST ANLEY M. GIBSON, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S, Hazlett, Esquire, hereby certify that on the 21 ST day of March r made service of the foregoing Divorce Complaint and related documentation upon the defendant Stanley M. Gibson by way of first class mail postage prepaid to the following address listed hereunder.. ST ANLEY M. GIBSON 9 CROMWELL COURT MECHANICSBURG, P A. 17055 DATED: 7/14/2005 GREGORY S. HAZLETT ...., = C=_"1' <:'''';"1 c. c:::: 1-- 0) -n -"'" r::' G..) c..J o ., -l =Cli nl-:;:;: f- ~~:j () "~~ '~ ;::'~) ;"Tl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA MARIL YN A. GIBSON, Plaintiff. No. 05-1351---CV v. Civil Action - Divorce ST A;'I/LEY M. GIBSON, Defendant ACCEPTANCE OF SERVICE Stanley M. Gibson, accept service of the Complaint in Divorce, Notice to Defend and Notice of A vailability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. o.3MI/ dotS Date q ~~~ ct ~,~ MaiJing Address 17tJ,s-f) r-> c-..:l = en , r'~. r o " -l -,- 1"11 ::D ("~ :sGj :~~J (~~ \., " :O_:;:l,:'; :"c> ~'::::;IT! -~;,I :JJ -< OJ ,_.r 'Y C.) (.,..)- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARILYN A. GIBSON, Plaintiff, No.05-1351-CV v. Civil Action - Divorce STANLEY M. GIBSON, Defendant AFFIDAVIT OF CONSENT l. A complaint in divorce under Section 330J(c) of the Divorce Cod !-vas fil~on March 5th, 2005 and served upon defendant on March 21 st, 2005 by way of a, ccepf1!Pce of Service. , F= 2, The marriage of plaintiff and defendant is irretrievably broken and ni~et:Y days I ' 3, I consent to the entry of a final decree of divorce, elapsed from the date of service of the divorce Complaint 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses iff 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: 9i~1 6) rl;tz;s - II / Qj L' ( ! 1l1tvt.', )} {}. / Zv:j..-J.(IV) Marilyn A.~ibson, Plaintiff ~ ~:? ...., c= ~ o -" -l fM:D r- ~0m ?1'[ -:::';{ } ,,;-'1, j :0:' ," (-") ~5rrl :'-.'''1 ,~ ~Q L, C.." r"- en '"J r~ (J) o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARILYN A. GIBSON, Plaintiff, No.05-1351-CV v. Civil Action - Divorce STANLEY M. GIBSON, Defendant AFFIDAVIT OF CONSENT 1, A complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 5th, 2005 and served upon defendant on March 2151,2005 by way of an Acceptance of Service, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if! 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: 7//;)dov ~~jJ~ Stanley M. . son, Defendant o ';=, ....> c:.:> ~ (._.~ (.;.:.:. \-- cP -0 ::r,,;, o ~-n ..... -:1:--r-_ fn~ -::Jl......~'\ :,~~J. '~'i' \~::::i, (;:~c)." .'.--" ;.~,o~Ff\ .~, r:-? v-.' c.-> -,) ....c.. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARILYN A. GIBSON, Plaintiff, No. 05-1351-CV v. Civil Action - Divorce STANLEY M. GIBSON, Defendant WAIVER OF NOTICE OF INTENTION TO RE VEST ENTRY 0 DVORCE DECREE UNDER ~ 330lfCl OF THE DIVORCE COD l. 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 proper 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 e red by tile Court a copy of the decree will be sent to me immediately after it is filed with the prothonotary.. I veriry 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' ",f.,~~_"1 1"' -I /r-7, - Pi CL'fjO r ,. '-L, / "( 1 y-/// :]//kA~jf l/ I ,(. _ Marilyn A. Gibsort, Plaintiff (' /,'. ,7'_ ' ~. /-:;U7)- ) (") c I,';' ,"", = <:::::;:::> <en L. f=: o ,., -l :r: n"1 11 r- :-qrr: c'JY ':'~iCJ :.',:::r., ~7: (~; ~;?,rr; );;,: :'-0 -< c.n :;3 N (....) o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL Y ANIA MARILYN A. GIBSON, Plaintiff, No.05-1351-CY v. Civil Action - Divorce STANLEY M. GIBSON, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DVORCE DECREE UNDER ~ 330lfCl OF THE DIVORCE CODE [, I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property. lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities. Date: () 7 fl //A'1f pJ--- t ,~~~,~ Stan ey M. Gibs , efendant (~) ~: i' '" '1"_"::':' C':.-"":1 c.n o -n ..... X-n n'E -c:....:..! J '-,.., ~';~~J _;l') ~-:lh-'l ~-:! :;~ -.... c.... f':=: f'"-"~ OJ ..", --'.-. ~, G) vJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA MARIL YN A. GIBSON, PLAINTIFF, Civil Action---Divorce Docket No. 05-1351 V. STANLEY M. GIBSON, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2, The complaint in Divorce was filed on the 5TH, day of March, 2005 and served on the 21" day of March 2005 by way of Acceptance of Service. 3. The plaintiff, signed her Affidavit of Consent and Waiver of Notice of Entry ofa Divorce Decree on the 8'" day of July 2005 which is attached hereto, 4. The defendant signed his Affidavit of Consent and Waiver of Notice on the II th day of July 2005. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital separation agreement dated the 8'" day of March 2005 was executed between the parties which settles all outstanding marital issues. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 11th day of July, 2005 a copy of which is attached hereto. .Date: 7/14/2005 fi,tto ey f Plai / .. 7 West ain Street / Mechinicsburg, P A. 17055 717-790-5500 Atty. J.D. 69528 ~ o C:, S-S <;l, ~ ......-~, (;..- r"'-' .- c:> "'-'0 ~' --,,. r:? (,:J c..> , , , , , .. .. .. .. .. . , , , .. . . . . .. . , .. . . . . . .. .. .. .. . . . . . . . . .. . . . . . . . . . . . .. . . . . , . . . . . .. . . . . . . . . . . . . . . . .. .. . ".. . ;f.:lo;,.,,., .. .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF MARILYN A. GIBSON 05-1351 No. PI AINTTFF VERSUS STANLEY M. GIBSON DEFENDANT DECREE IN DIVORCE AND Now,~li ,,., MARILYN A. GIBSON, , 2005 ,IT IS ORDERED AND PLAINTIFF, DECREED THAT STANLEY M. GIBSON, , DEFENDANT. AND 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 Marital Separation Agreement executed on the 8th day of March 2005 shall be Incorporated into the Divorce Decree and shall not merge" BY THE COURT: . ~b~ /. ATTES (J J ~~~ P'O,HONO,A', .. .. .. .. ~ +' .~ " . '" . . . . . . . . . , . . . . .. .. . .. . . . . . . . . .. .. .. .. . . . . .. .. .. .. . .. .. .. . . .. .. .. .. .. .. .. . . . .. . . , , . " ".. .h~~ ~/.t. .~.}e-L ~ ~ '" ".-- ko? . P'? 5<J /t'L "'- . ' -~ ' ,.' -