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HomeMy WebLinkAbout05-3794 WILLIAM A. GARDINER, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. OS' -.3~qy c;u~L~~ BILLIE JO GARDINER, :CIVIL ACTION - LAW Defendant, :IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divoTce or annulment may be entered against you by the court. A judgment may also be entered against you for any claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody aT visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. AU necessary arrangements and the cost of counseling sessions are to be borne by the parties. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 BEINHAUR & CURCILLO DATED: J ~ ')- ') (')ros By: 11j{~ John R. einhaur I Attorney for Plaintiff WILLIAM A. GARDINER, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. NO. BILLIE JO GARDINER, :CIVIL ACTION - LAW Defendant, :IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling priOT to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office ofthe Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desiTe to pursue counseling, you must make your request fOT counseling within twenty (20) days of the date on which you receive this Notice. FailuTe to do so will constitute a waiver of your right to request counseling. WILLIAM A. GARDINER, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. NO. OS' - 3,Q'-f C L~" h-) lv', I t:;<..... , BILLIE JO GARDINER, :CIVIL ACTION - LAW Defendant, :IN DIVORCE COMPLAINT COUNT I - Divorce 330l(c) or 330l(d) 1. Plaintiff William A. Gardiner, is an adult individual residing at 145 Airport Road, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant Billie Jo Gardiner, is an adult individual residing at 107 Neil Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were manied on April 24, 1976 in Cumberland County, Pennsylvania. 5. Plaintiff avers that the ground upon which this action is based is that the maniage is irretrievably broken. 6. There has been no prior action of divorce between the parties in this or any other jurisdiction, 7. The Defendant is not a member of the Armed Services of the United States of America. 8. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to Tequest that the court require the parties to participate in counseling. 9. Plaintiff avers that there are two children born of this marriage, both are over the age of 18, namely: James A. Gardiner, bom September 8, 1976; and William B. Gardiner, born April 26, 1979, WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, BEINHAUR & CURCILLO By: flffLf:f!J!:{A~ Jo R. Beinh ur Supreme Court 1.0. #55631 3964 Lexington Street Harrisburg, P A 17109 (717) 651-9100 Attorney for Plaintiff DATED:J u.M; ;)5; XV) 2 CERTIFICATE OF SERVICE AND NOW, this Aday of.T ultr , 2005, I, John R. Beinhaur, hereby certify that I have served the foregoing Complaint in Divorce by mailing a true and correct copy by United States first class mail, certified mail return receipt requested, postage prepaid, addressed as follows: Billie Jo Gardiner 107 Neil Drive Shippensburg, PA 17257 Respectfully submitted, BEINHAUR & CURCILLO 9tt{~ By: / John R, inhaur Supreme Court I.D. #55631 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Plaintiff DATED:J~js,)M) 3 VERIFICATION I have read the foregoing Document and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, Telating to unsworn falsification to authorities. tJ/f</()~~ William A. Gardiner -- DATE: .Ju..1t )<;, dOO.t -Cq. r-..') 0 (:) ,-: <;";:.::> (~) ^k - ",','.} '-1'1 ~ -.a ,:.-.i''l ..-; :r~ -\I. D \"\'1\","; ,"'G \,.<:l c~ - 1: 0') 0''1 ,'J -'" ~ w () -- -'1 r'-\ \) D. - "_-,:["11 ~ < , -:t ...c:::. (.) ::'A ",','" "J ~ :--.:. 0' ()J 12 -:t- MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this Y dayof \.k~.Jt" ,2005,byand between Billie Jo Gardinerofl 07 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257 ("Wife") and William A. Gardiner of 145 Airport Road, Shippensburg, Cumberland County, Pennsylvania, 17257 ("Husband''). RECITALS A. The parties hereto, being Husband and Wife, were lawfully married on April 24, 1976, in Cumberland County, Pennsylvania. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C, Husband and Wife acknowledge that they both have had the opportunity to consult independent legal counsel and have wilfully, knowingly and voluntarily waived the right to consult an attorney, WITNESSETH NOW, THEREFORE, in consideration ofthemutua1 promises, covenants and undertakings herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and representto the otheT that, as defined in the Pennsylvania Divorce Code, their marriage is irretrievably broken. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divoTce pursuant to 23 Pa. C.S.A, S 3301(c) ofthe Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference and merged into any proposed DeCTee which shall presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place OT places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Marital Propertv. (a) Personal Propertv Division Husband and Wife acknowledge that they have divided all personal property acquired during the marriage to their mutual satisfaction. Wife hereby relinquishes all right, title and interest in Husband's personal property currently in his possession, except as follows: china cabinet and contents and wall mirrors from the Estate of Mary Stilwell, above-ground swimming pool and deck and related accessories in possession of Husband shall remain the personal property of Wife and shall, in the event ofher death while same is in possession of Husband, pass to her estate to pass under her Last Will and Testamentto her lineal descendants. Husband hereby relinquishes all right, title and interest in Wife's personal property currently in her possession, except as follows: Jelly Cabinet from Husband's family in possession of Wife shall remain the personal property of Husband and shall, in the event ofhis death while same is in possession of Wife, pass to his estate to pass under his Last Will and Testamentto his lineal descendants. (b) Real Propertv Division (I) The parties are the joint owners of real property with improvements known as 107 Neil Road, Shippensburg, Pennsylvania The parties have agreed that Husband shall execute, upon signing this Agreement, a Quit-claim Deed to Wife for purposes of her acquiring sole ownership interest in said real property. Such Deed may be recorded by Wife promptly after execution hereof. In addition, Husband shall pay to Wife, upon the approval of Husband's lender for his refinance ofthe below referenced property, the sum of Five Thousand ($5,000.00) Dollars lump sum. (II) The parties are the joint owners of Teal property with improvements known as 145 Airport Road, Shippensburg, Pennsylvania The parties have agreed that Wife shall execute, upon signing this Agreement, a Quit-claim Deed to Husband for purposes ofhim acquiring sole ownership interest in said Teal property. Such Deed may be recorded by Husband promptly afteT execution hereof, (III) The parties are the joint owners of real property with improvements known as 745 Hillcrest Avenue, Chambersburg, Pennsylvania. The parties have agreed that the property shall be sold and the proceeds shall be utilized to pay joint debts as set forth in section 3 below. (IV) Husband has acquired by devise the real property with improvements known as 143 Airport Road, Shippensburg, Pennsylvania. The parties have agreed that Wife has no right, title or interest in this property which was acquired by Husband by devise under the Last Will and Testament of Mary Stilwell. 2 (c) Retirement, PensionAOI-K Plan Husband hereby Telinquishes all right, title and interest in Wife's retirement, pension and/or 40 l-K Plan and Wife hereby relinquishes all right, title and interest in Husband's retiTement, pension and/or 401-K plan. (d) Joint Insurance Policv. The parties are the joint owners of a life insurance policy currently with Met Life in the approximate amount of$l 0,000.00. The parties agree to continue, at Husband's sole expense, to maintain such policy with the intention that when it shall be necessary to claim against such policy, the proceeds shall be utilized for the funeral expenses of the deceased and the survivor shall retain any proceeds. 3. Debts and Obligations. (a) Individual debts/obligations. Each of the parties shall assume all debts and obligations presently in their individual names and shall indemnify, defend and hold the other harmless from said debts and obligations, whether incurred prior to, during, or subsequent to the marriage. This shall include all personal, individual credit cards and personal individual loans by either party. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on OT after the date of this Agreement. If any claim, action or pToceeding is heTeafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether ornot well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obligations. Husband and Wife represent that there are two joint lines-of-credit incurred during the marriage encumbering 145 Airport Road, Shippensburg, Pennsylvania. To the extent ofthe proceeds ofthe sale ofthe above property referenced in section 2 (B) (III) above, such debts shall be paid and satisfied. Any remainder of such joint lines-of-credit shall be assumed by Husband. Husband expressly agrees to indemnify, defend and hold Wife harmless from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with such obligations. 4. Legal Fees. Husband shall be responsible for the payment ofthe legal and other fees incurred by them in connection with this settlement agreement unless othetWise specified herein or otherwise agreed to by them. 5. Automobiles. Upon signing, the parties agree thatthe 2002 Toyota Truck titled to both parties and currently in Wife's possession shall become the sole property of Wife, and that Wife shall insure and assume all liability therefor. Husband waives any right, title or interest he may have in and to said vehicle and shall promptly, at any time necessary, execute any title or transfer documents necessary to fulfill this provision. Wife expressly agrees to indemnify, defend and hold Husband harmless from and against any 3 and all liability, direct or indiTect, including attorneys' fees and costs, which may arise in connection with the ownership and operation of such vehicle by Wife. Upon signing, the parties agree that the 1986 Chevrolet Blazer, 1984 Chevrolet Corvette, both titled to both parties, and the 2001 Harley Davidson Sportster, titled to Wife, all currently in Husband's possession shall become the sole property ofHusband, and that Husband shall insure and assume all liability therefor. Wife waives any right, title or interest she may have in and to said vehicles and shall promptly, at any time necessary, execute any title or transfer documents necessary to fulfill this provision. Husband expressly agrees to indemnifY, defend and hold Wife harmless from and against any and all liability, diTect OT indiTect, including attorneys' fees and costs, which may arise in connection with the ownership and operation of such vehicles by Husband. 6. Other Writings. Each ofthe parties hereto agrees to promptly execute any and all documents, consents, waivers, bills of sale, tax Tetums or other writings reasonably necessary to cany out the intent of this Agreement. 7. FurtheT Debt. (a) Wife shall not contract oTincur any debt or liability for which Husband or his property or estate might be responsible and shall indemnifY and save hannless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife OT her property OT estate might be responsible and shall indemnifY and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts OT obligations incurred by him. 8. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not cancelled by subsequent agreement, the parties hereby Tetease and discha{ge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, Tesulting from the marriage relationship, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of doweT and right to live in the marital Tesidence; right to act as executor OT administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life inslmUlcepolicy of the other unless specifically named otherwise or as requiTed herein; and any claim or right in the distributive share or intestate share ofthe other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 9. Tax Return. The parties have elected to file separate individual income tax returns. Each party shall be solely liable for any and all oftheir own tax liability and shall indemnifY, defend and hold the other hannless from and against any such liability. 4 10. MedicallHealth Insurance, Upon execution hereof, each party shall be responsible for theiT own medicallhealth insurance and the maintenance thereof, if any. 11. Entire Agreement This Agreement constitutes the entire \lllderstanding between the parties, and there are no covenants, conditions, Tepresentations or agreements, oral or written, of any nature whatsoever, otheT than those herein contained. 12. Legallv Binding. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 13. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the Teal and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amO\lllts of income received orreceivable by each party; and of every other fact relating in any way to the subject matter ofthis Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 14. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party fO\llld to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 15. Agreement V ol\llltarv and Clearlv Understood Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; and (b) Enters into this Agreement vol\llltarily after knowingly and vol\llltarily choosing to forego independent legal consultation; and (c) Has given careful and mature thought to the making of this Agreement; and (d) Has carefully read each provision of this Agreement; and (e) Fully and completely \lllderstands each provision ofthis Agreement, both as to the subj ect matter and legal affect. 16. Amendment or Modification This Agreement may be amended or modified only by a written instrument signed by both parties. 17. Applicable Law. This Agreement shall be govemed, construed and enforced \lllder the statute and case law of the Commonwealth of Pennsylvania. 5 18. Countemarts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 19. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entiTe document but shall apply only to that phrase, sentence, paragraph or section. The remainder ofthe sentence, paragraph, section and Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above: WITNESS: WIFE: C7J1f1~c:2u'L ~( ~ /' I/~~~ Billie Jo G iner WITNESS: HUSBAND: '-1?/!cv/ au-'4~ t!ik.,e.g~- 6 COMMONWEALTH OF PENNSYL VANIA ,. - COUNTY OF iI II /L/L(do,J 55.: , \ On this, th& day ok_j U...IJL- , 2005, before me, a Notary Public, the undersigned officer, personally appeared William A. Gardiner, 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 for the purposes herein contained_ IN WITNESS WHEREOF, I hereunto set my hand and official seal. ) .JJ~;;:-:rl~ ~ Notary PublIc.' / My Commission Expires: (SEAL) L NOTARIAl SeAL TAt.f/IY SUE HELMAN, NotIry Pullllc Boro of ChamIll!Jl8lMg. Franldln CounIy ~~" Fx...''''' Oct.3.!:_2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF fi~A/ SS.: On this, the ~ day f , 2005, before me, a Notary Public, the undeTsigned officer, personally appeare ilUe Jo Gardiner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I , t///~JA Cj(.ilLAJA) Notary Pub / My Commission Expires: (SEAL) , " ;j'A NO'rAR~ SEAL 'fA MIllY SUE, H,El.MAN NaIwy PublIc 8oro of ~ Fmc.n Ccu1Iy -My~~~Oct.~l,~ C) c r....) ,.. ,.',) r" " C) -',1 c_ :~ ill ~iJ ,.. C.J ::',':::,.. r; c.) V. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA :NO. 05-3794 CIVIL TERM WILLIAM A. GARDINER, PLAINTIFF BILLIE JO GARDINER, DEFENDANT :CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT (Under Section 3301 (c)) 1. A complaint in divorce under Section 330l(c) ofthe Divorce Code was signed July 25, 2005, and filed on and is time stamped July 26,2005. A time-stamped copy was served on plaintiff. 2. The marriage of plaintiff and defendant is irretrievably bToken and ninety days have elapsed from the date of filing the 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. Lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit aTe 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. / / 7 ~t; / I tJ~ t/}~J~ William A. Gardiner Date: \'''--.) ,-;-;-..:> C) -n ':.:J- C,-' '- --j I~,i f.....) C) , ..' L. V. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3794 CIVIL TERM WILLIAM A. GARDINER, PLAINTIFF BILLIE JO GARDINER, DEFENDANT :CIVIL ACTION - LAW :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is enteTed 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 undeTstand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 1/7 /o~ I ! VL/?~~ William A. Gardiner --~ - '--' ~~ ~~ C> -.>1 --I "1': ~ ;1 '- 6 (::' (.~.; V. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3794 CIVIL TERM WILLIAM A. GARDINER, PLAINTIFF BILLIE JO GARDINER, DEFENDANT :CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT (Under Section 330l(c)) 1. A complaint in divorce under Section 3301(c) of the Divorce Code was signed July 25, 2005, and filed on and is time stamped July 26, 2005. A time-stamped copy was served on plaintiff. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divoTce. 4. 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 divoTce 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. 11 4904 relating to unsworn falsification to authorities. /' Date: IJ--,'}.(""'o.5 ~ ~~') " c,.... , r",) r..::,:;: ::;:'-, C.,,; V. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-3794 CIVIL TERM WILLIAM A. GARDINER, PLAINTIFF BILLIE JO GARDINER, DEFENDANT :CIVIL ACTION - LAW :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyeT's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divoTced 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 veritY 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. 94904 relating to unsworn falsification to authorities. Date)P-/,;) / ~(/f; ~~ ~ ,';"',~- -:;:.-... r-) ~'i"1 ::;j fi'"i ~-.- f'....) a :'":':'., Cl Cj ~.....~ V. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA :NO. 05-3794 CIVIL TERM WILLIAM A. GARDINER, PLAINTIFF BILLIE JO GARDINER. DEFENDANT :CIVIL ACTION - LAW :IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, togetheT with the following information, to the Court for entry of a Divorce DecTee: I. Ground for divorce: irretrievable breakdown under 3301( c) of the Divorce Code. 2. Date and manner of service ofthe Complaint: United States First Class Certified Mail, Return Receipt Requested - August 2,2005. 3. Date of execution of the Affidavit of Consent required by S 3301(c) of the Divorce Code: by Plaintiff: 01/07/2006; by Defendant: 12/21/2005. 4. Date Plaintiffs Waiver of Notice in S3301(c) DivoTce was filed with Prothonotary: Contemporaneously with this Praecipe. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with Prothonotary: Contemporaneously with this Praecipe. 5. Related claims pending: Matrimonial Settlement Agreement between the parties dated June 30, 2005, to be incorporated by reference and merged into the Divorce Decree. .. ~ ~ ... Respectfully submitted: BEINHAUR & CUR CILLO By: (7 (ujtC1~---- John R. Bemhaw:; Esquire , Supreme Court LD. No. 5563 I 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Plaintiff Date: 1/13/2006 '1"'-' C) c:.." ~\l 'c --1 r"<,) o c:::J :::'.1,,-, ?+++++++++~++~++~+++++++++++~+++++++++~+++++++++++++++++++++~+++++++++++++++++; + 4. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + T,+, +:+. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATEDF *.'.'...~t"."C~ ~7<~ZsY~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + :+. :+. :+. + :+. :+. ... :+. :+. :+. :+. ++ PENNA. WILLIAM A. GARDINER No. 05-3794 VERSUS BILLIE JO GARDINER DECREE IN DIVORCE AND NOW, ~A""..^q~ WILLIAM A. GARDINER , PLAINTIFF, 30 , '2,()(lb, IT IS ORDERED AND DECREED THAT AND , DEFENDANT, BILLIE 30 C~RDINER 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; MATRIMONIAL SETTLEMENT AGREEMENT BETWEEN THE PARTTES DATED JUNE 30, 2005 IS INCORPORATED HEREIN BY REFERENCE AND MERGED HEREWITH , -. /' . ) - -- - ~ , , "- , . ~ < , BY TH~\01. , ++ "'''' , ... :.. ... .,..~ .~..: "': "':,...1;,. - ..\:,; ... . ~ '- ud1-__~__ MTC'(3rvd..q4 J ~ ~ PROTHONOTARY . ~++ ++++++++++++++++++++++++++++++++++ '+ +:+':+. " ,/h7 Jr>->'7"4i1[j" ~ .~ :1 ~Pl'i J ''J-vl/''-' . /' ;.;:r.t'11/, "r'.hjr{7 . ~. ~ .' . . ,')) I [. I 'It? . If I