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Home My WebLink About05-1597 F\F1U3S\DA TAF!LE\Gt"Jl~r;lI\ClllTent\11540 1,com Created 9/20/04006PM Revised: 3/24/05 114PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD.87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DANIEL E. GILBERT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- ) ~fj7 C:,-"L ~~ CIVIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED 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 indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days ofreceipt of this Notice. 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IFYOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ... DANIEL E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- CNIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DNORCE CODE 1. Plaintiff is Daniel E. Gilbert, who currently resides at 449 First Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Patti A. Gilbert, who currently resides at 13 Patricia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 24,1989, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT II CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DNORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 10. Plaintiff and Defendant are the owners ofvarious items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. II. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiffrequests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; and E. For such further relief as the Court may determine equitable and just. MARTSON DEARDORFF WILLIAMS & OTTO Date: ~V-\\D~ By J e ife L. pears, Esquire 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff .... VERIFICATION The foregoing Divorce Complaint 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 Divorce Complaint 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 of18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false ","cmc"". T m,y be wbJcd " criml,,1 pc~~ Daniel E. Gilbert I a L 9il{ {.1/ I -:::' _ 2"3. - c5 ..-/. . 1'\FjLES\DATAF]LE\G~nera]$'uITenl\l] 540. I com 1- (:J ~ ~ '- ~')j - ~ C> C> $ - .:t:: V\- l/} r ~ c; g \j }.l t '-' -VI l>-' ~~ ~ @. <;} '-.~. ~ = cJ' 2:. ~:l 1'-' ;;:- --i:'" .."." q. --? (1-'\"'JJ. -D~ -'j) {? ~ ~-~~; (')0 ~~2r -Y" __ ':1:- tJI -0 -~ -'- r-;? . J'\FILE$IDAT AFILE\General\CurrenII11540 1,aos . Created: 9/20/04 006PM Re~ised 4/5/05 l013AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 1.D.87445 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff DANIEL E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1597 CNIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Patti A. Gilbert at 13 Patricia Drive, Enola, PA 17025, on March 29, 2005, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt si e "Patti A. Gilbert" and dated March 31, 2005. Sworn to and subscribed before me this57fJ day of April, 2005. / " ( -, " , .11~t./ Public COMMONWEAl III OF PENNSYLVANIA Notarial Seal Mary M, Price, Nolary Public Carlisle Bora, Cumberland County My Commission Expires Aug, 1 S, 2007 Member PennsylvanIa Association of Notaries . U.S. Postal Service," CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) U1 '" f'- ..D no f'- f'- U1 cr Cl Cl Cl Cl M M m m g """tTo I err; A.~{t~r ~ ~~:::~:::;_n'~h_---~j'77-~,u.~:-_L_"_--~'l--h~",_U=_~__-"'h____-- ..h.hhh...--.l3/dJ,J-J..C..--1.h...Jd../.'-..Lh....hhU.h_ City, Stat., ZIP<-< /-. -! / --' - 7.- II G'-cCL !)'j ! /CZS. Po"... $ Certified Fee Return Reclepl Fee Postmark (Endorsement Required) 'Here Restricted Delivery Fee =.-:7>~ (Endorsement Required) ;f:. C'I Total Postage & Fees $ PS ~orm 3800 June 2002 See Reverse for Instrucllons SENDER' COMPLETE HilS SECTION (Of\.1PLETE TfW) SEC7/0N ON DELIVERY . Complete ~ems 1, 2, and . Also complete Ile{Tl 4 If Reslrlcted Dellve Is desired. . Prlnl your name and addre on lhe reverse so that we can return the c to you. . Attach this card 10 Ihe ba of Ihe mallplece, or on Ihe fronl ff space pe lis. liSid:~:tO: JJ 1 J J (~ I [VA...! n JrJ~ _II /3 RJ~li~ Cfto.U. ,P.4 1:70 G j~ 2. ArtIcJe Number (T"ransfer from servic9labe1) PS Form 3811 , Augusl2001 ~~.";' CJ Agent CJ Addressee C. Date of Delivery 3_ Service Type JiIrlj;;rtIfled Mall CJ Express Mall CJ Roglsterod CJ Return ReceIpt for Merchandlse o Insured Mall D C.O.D. 4. Restricted Deliv1lYllflft fW. ~ 7003 3110 0004 5772 6785 102595-02-M-1540 Domestic Return ReceIpt ~ 3 -& ..,$:> 40 3> ~. '..'OC" 1J:JC\ ..t;~_ -.... . B~\: ~~: : ~<'; :;-..., C~''; ~, -il < :.j J " ..., ::; :2 v;J " F:IFILESIDA T AFILE\General\Cun-entI11540.] .msa Created, 9/20/04 006PM Revised: 5/10105 11 :42AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD.87445 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Plaintiff DANIEL E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1597 CIVIL ACTION - LAW PATTI A. GILBERT, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT ."1~ THIS MARITAL SETTLEMENT AGREEMENT, made this --f day of jv\llf2_ ,2005, by and between DANIEL E. GILBERT of Carlisle, Cwnberland County, Pennsylvania (hereinafter referred to as "Husband") and PATTI A. GILBERT of Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on June 24, 1989, In Cumberland County, Pennsylvania; WHEREAS, no children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and il is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on March 24,2005, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution ofproperty ofthe parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any 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 shall remarry. It is the specific intent ofthe parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties ifthey have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution ofthis Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the 3 property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory ofthe United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution ofthis Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Jennifer L. Spears, Esquire, of Martson Deardorff Williams & Otto, counsel for Husband. At the commencement of and at all stages during the negotiation of this Agreement, Wife has been informed that Jennifer L. Spears, Esquire has acted solely as counsel for Husband and has not advised nor represented Wife in any manner whatsoever. Wife, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that she could be represented by 4 counsel but at all times has elected not to be so represented. Wife has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. Husband has been counseled by his attorney, and the parties together have come up with the following agreement. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure oftheir respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that 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 may be 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 every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date ofthis Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 5 By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property ofthe other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The marital residence has been sold and the proceeds have been divided to the mutual satisfaction of the parties. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2005. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either ofthem, each will indemnify and 6 hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause ofthe misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF T AX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subj ect to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest oftheir lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each party will retain any and all accounts in their own name, and each waives any rights, title or interest in the other party's accounts. 7 20. MARIT AL DEBT: All marital debt has been paid off or divided to the mutual satisfaction of each party. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands, suits, actions or liabilities relating to or arising out of any debt in that party's name. Wife's student loans shall be her sole responsibility. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision ofthis Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 8 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request ofthe other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions ofthis 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 ofthis Agreement shall not be construed as a waiver of any subsequent defaults ofthe same or similar nature. 9 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and Y~ove written . /?;?~ wiT - S- - MwfLJr-- WITNESS (SEAL) 10 COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ On this, & 7't1\. day of rY}rlU- , 2005, before me a Notary Public, personally appeared DANIEL E. GILBER~e the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. : SS IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Kristi A. Poe, Notaly Public Hampden Twp., Cumberland County My Commission Expires Aug. 22, 2006 Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu-M b 1,( j~\> : SS On this, the <)~ day of -JUt"l L ,2005, before me, a Notary Public, personally appeared PATTI A. GILBERT known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. NoIarlaI Seal MaIk T. Green, Notary Public East Pemsboro Twp., CurnberImd Qulty My Q:mrnIsslon ExpIres July 29, 2006 Member. ~ AIIOCIIIIon OfN0f8_ /)YjaA :1~~ Notary PubliC' 11 r-.> C:,::t c::~-:::;. C..n (.-~ "-~'''';'- :z o -n .-{ :1: -r, C11rC:;; -rli~ -ijC ':::; b I~~ ;;f; :-<: c:> ~..~ ::r: <f? (;) V;) -- Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD.87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DANIEL E. GILBERT, Plaintiff IN THE COUln OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1597 CIVIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF CONSENT 1. 24,2005. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on March 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. 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. S 4904 relyaing to sworn falsification to authorities. , ~f . I . h -~() -2005 '7.1 / D~~ / ~. 0. C;::; /,- ~'(~',;'~-: ~ <5- ~ r ~ "'1'." ,~ (j~. ".-; '.';';\,-' <> , ~~s~~.~ ." '~l ~I ~- ~ ~~ ~~) V\?..~ ...--1:......,.. "."-6 ':,0- ?f\ ~ ~~ --:5- ~ l,~ "-:;<. ~ <{}. - Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.D.87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DANIEL E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1597 CNIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330I(c) AND ~ 3301 (d) 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 waiver are true and correct. I understand that false statements herein are made subject to the enalties of 8 Pa. C.S. 9 4 04 relating t nsworn falsification to authorities. <? 7 (" . ( Date: ~ -30 - ZcJo5 C- J/ Gc ilbert, Plam ff ~ <gJ. 'e r \ ....) """ ...- -" q. ~~ -om ~\:? ~q. 0:5,1 ..,0. (5'" ~ -c:'; c.J' ~ c.J' ~€.Ct.\\I~ s\j~ \) \1 'll t\J\ 0\1' - F: \FILES\DA T AFILElGeneral\Current\ 11540. ] ,cot1.'lents Created: 9/20/04 0:06PM Revised: 5/18/05 9:16AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD.87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DANIEL E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1597 CIVIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 330l(c) of the Divorce Code was filed on March 24,2005. 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. 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. 9 4904 relating to unsworn falsification to authorities. Date: ~hl(J6 ~.A~ Patti A. Gilbert, Defendant (") c;: ~." ~v -/ roo: ~('.: <~o.C )>-"- ~ ..:~ -< ....., = = <= c... c:: r- I 00 .." ::E: w o " -l :I:-n m- e- -oni ~t1y ~~Cl ?5:I:1 ~7C) om ~ ::0 -< .;:- riECFIVEI JUL 07 2005 lVlDwr Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.D.87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DANIEL E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1597 CIVIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND ~ 330Hd) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand thatI 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 waiver are true arld correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: 7 nOS ~A~ Patti A. Gilbert,1:>efendant o ~~ -r:;I,:' ~~: r'" :~'~c z -) -~ ......, = = c.n <- c;:;; ... I c;I) -0 :l:: o .r:- o -n ~::D -ub :oC? S6 _,,_ -f, :,-,-:.-:D 'n.) C) 3m -"4 ~ F IFILESIDATAFILE\GeneraIICurremll 1540.1 ,pra Created: 9120/04 0:06PM Revised 7/t1105 J:56PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD.87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF C~BERLAN[)COUNTY,PENNSYLVANlA DANIEL E. GILBERT, Plaintiff v. NO. 05-1597 CIVIL ACTION - LAW PATTI A. GILBERT, Defendant JURY TRIAL DEMANDED 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: via certified mail, restricted delivery, on March 31, 2005. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; June 30, 2005; by the Defendant; July 5, 2005. 4. Related claims pending: All claims resolved by a Marital Settlement Agreement filed on June 10,2005. 5. Date Plaintiffs Waiver of Notice III g3301(<:) Divorce was filed with the Prothonotary: July 7,2005. Date Defendant's Waiver of Notice in g330l{c) Divorce was filed with the Prothonotary: July 8, 2005. Date: July 11, 2005 MARTS ON DEARDORFF WILLIAMS & OTTO rlJ/J J ehnife 1:. ears, Esquire Ten E t High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff By Q r;, ...::_~ -'(.1;j,; n"\j '-',;' ,.., ,= * '- c:: r-- N ..", ~- ~ ~ ~-n fn-p -om coy () ~:-'1~1~; --r: ~l~\ (~)o Zrn o ---' ?O :..:. v:> ., c.n s.- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . + + . + . . . 'f 'f 'f. 'f '" 'I' 'to' 'to '+' + ji :~.+ . . . . . . . . +++'1'++ '+''f.+ +'1'++ 'f. +'f.+ ++'f.+ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . PENNA. STATE OF . . DANIEL E. GILBERT . No. 05-1597 VERSUS . PATTI A. GILBERT . . DECREE IN . . . . DIVORCE ,;;J:~~rpA . ~ IT IS ORDERED AND . :J~ao . AND NOW, . . DECREED THAT , PLAINTIFF, DANIEL E. GTT.RF.RT AND PATTI A. GILBERT , 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 Marital Settlement Agreement dated ,Tune 7. 200S~ iR in~nrpnrAr~d . . . herein b reference but is . . B Ams;l~_ /' 1 PROTHONOTARY 0...--- . ++'+' '+' .. .. .. . Of"':I':f. 'I' 'l' '+' :+::Ii 11;:+ +", . . . . . . . . . . . . . . . . . + . . . . + . . . . . . . . . . . . . . ..1. ",freE ~ ~ 5il,)eL ~Jp$ ~/,(p;.PfJ ,5lJJeL , , ' .. ", ..." ...~ "'!. ~ .." ' ~ ,;j ".' . ' ' -