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HomeMy WebLinkAbout05-4940 . Johnson, Duffie, Stewart & Weidner By: Keirsten W, Davidson J.D. No. 78243 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JULIE M. GILLESPIE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 6) -4~'1o CIVIL TERM v, CIVIL ACTION - LAW RODERICK C. GILLESPIE, IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground 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, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU 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 Johnson, Duffie, Stewart & Weidner By: Keirsten W, Davidson I.D, No, 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JULIE M. GILLESPIE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM v. CIVIL ACTION - LAW RODERICK C. GILLESPIE, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Julie M. Gillespie, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Roderick C. Gillespie: 1. The Plaintiff is Julie M. Gillespie, an adult individual, residing at 233 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, Plaintiff's Social Security Number is 178-52-1568, 2. The Defendant is Roderick C, Gillespie, an adult individual, residing at 4551 Strutfield Lane, Apt. #4427, Alexandria, Virginia 22311, Defendant's Social Security Number is 561-70-9126, 3. The Plaintiff and Defendant were married on May 30, 1999, in Mechanicsburg, Cumberland County, Pennsylvania, 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5, There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction, 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken, 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. COUNT 11- EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length, 10, Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNSON,_DUFFIE,S:RT & WEIDNER By: I.-..~ LJ Keirsten W. Davidson :259186 VERIFICA TION I, Julie M, Gillespie, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa, C.S,A S4904, relating to unsworn falsification to authorities, Date: 0;/;;U)05 f I "J~~.{).- /C Julie M, Gillespie Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson I.D, No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JULIE M, GILLESPIE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM v. CIVIL ACTION - LAW RODERICK C, GILLESPIE, IN DIVORCE Defendant AFFIDA VIT JULIE M. GILLESPIE, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. $04904, relating to unsworn falsification to authorities. Date: /:;.) / 65 (, . ..' IA' } , ..~liA./(_ /-0~ 4u1ie M. Gillespie \..' ~ ~~ ~ <5 ' ~ ~ "" " ./ c- G ~ 0<,,") - ~ ..L -S? ~ ~ :s:::::> :? ------/ Q c' .-tf;\' \~ ~ \ ' ; 4'"7'" "\.' '~i~;, /~ ;;~ .A. ...,.".. - -B J\ C> ~ ?J- Q '<f.,. ~ o ::> r.'., ~.., V'" c);\ \~ <,,' r--' ~ ~~ ..;>>' 8 q, .~ .-(\ 6-"\-?- 1_,\" :o__~c) t),b f~};~;{,. ':;:A ,..., -c .' 4) t:" -;.L.. ..p Johnson, Duffie, Stewart & Weidner By: Keirsten W, Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JULIE M. GillESPIE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4940 CIVil TERM v, CIVil ACTION - LAW RODERICK C, GillESPIE, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Roderick C, Gillespie, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on September 22, 2005 by the Plaintiff in the above-captioned divorce action. certify that I am the Defendant in the above captioned divorce action. Date: September JiL, 2005 ~~ Roderick C. Gillespie :259186-6 --I w....--\ ,- >...--- f".) - ---- c...... ' \...:::, . [J ('oJI Y PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /Z;t-. day of s.,tf-wJp4C-- ,2005, by and between JULIE M. GILLESPIE, residing at 233 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania hereinafter referred to as "WIFE," and RODERICK C. GILLESPIE, residing at 4551 Strutfield Lane, Apartment #4427, Alexandria, Virginia, hereinafter referred to as "HUSBAND." WITNESSETH: WHEREAS, the parties were lawfully married on May 30,1999, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, difficulties have arisen between the parties and is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of martial property; past present and future support; alimony, alimony pendente lite; and in general any and all other claims and possible claims by one against the other or their respective estates; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation, It shall be lawful for the parties to hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Af!reement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees ~md costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. , 3. Divorce. Simultaneously with the execution of this Agreement, a Complaint in Divorce will be filed by WIFE in Cumberland County, Pennsylvania. The parties acknowledge that their marriage is irretrievably broken. Upon the expiration of ninety (90) days from the date HUSBAND is served with the Divorce Complaint, which will be approximately mid-December 2005, the parties shall immediately sign and cooperate with the prompt filing of any and all documents necessary to obtain a Divorce Decree under S3301(c) of the Divorce Code, and to carryout the terms and intent of the Agreement, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice ofIntent to Seek Divorce under 93301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated but shall not merge into any forthcoming Decree in Divorce. 4. Real Prooertv. The parties are the joint owners of the marital residence located at 233 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania. WIFE shall have exclusive possession of the marital home, and shall retain any and all current and future equity in the marital home as her sole and separate property, free and clear of any right, claim, title and/or interest of HUSBAND. HUSBAND agrees to waive any interest, claim, right and/or title he may have to the home, specifically including the equity therein, simultaneously with the execution of this Agreement. In the event that WIFE desires to sell the property at any point in the future, HUSBAND agrees to cooperate fully with the execution of whatever paperwork may be necessary to facilitate such sale, specifically including the deed, and HUSBAND further agrees to sign any releases necessary to waive his interest in any equity produced from such a sale. HUSBAND acknowledges that his name shall remain on the mortgage to the property, but that WIFE shall be solely responsible for making all payments in connection therewith. 5. Personal Prooertv, The parties have acquired certain personal property during the course of their marriage, all of which has ,been divided to their mutual satisfaction. Each party shall retain all items of tangible personal property in their possession as if it were their sole and separate property, free and clear of any right, claim, title and/or interest of the other. Neither party shall make any claim to any items of marital property, or of the separate personal property of either party which are in the possession or under the control of the other. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession ofthe other. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph. 6. Investment. Retirement and Other Accounts. The parties represent that they have disclosed to each other all investments, retirements, accounts, and assets of any kind whatsoever that were funded with monies earned during the marriage. HUSBAND and WIFE both have Retirement Accounts with their respective employers and/or past employers. HUSBAND and WIFE shall each retain any and all Retirement Plans that they currently hold and/or held as of their marriage as their sole and separate property, free and clear of any right, title, claim and/or interest of the other. Both parties agree to cooperate with the signing of any and all documents necessary to facilitate the above. 7. Automobiles. There is a 2002 Subaru Outback, which vehicle is titled in WIFE'S name, but which HUSBAND drives. The parties agree that title to the vehicle shall immediately be transferred to HUSBAND. HUSBAND shall retain this vehicle as his sole and separate property, subject to any and all encumbrances thereupon, for which he shall bear sole financial responsibility and indemnifY and hold WIFE harmless for his nonpayment of any financial obligation thereon. WIFE waives any interest she may have in this vehicle. Both parties agree to immediately sign whatever documents necessary to facilitate the provisions of this paragraph. 8. Spousal Support / Alimonv Pendente Lite / Alimonv. Both parties shall forever waive any and all right to file for or collect past, present or future spousal support, alimony pendente lite and/or alimony. 9. Bank Accounts. There is a joint Checking and Savings Account with Members First in existence. The parties agree that this account shall immediately be closed and the funds therein shall be divided between the parties pursuant to their mutual agreement. Furthermore, each party agrees to waive any right, title or interest he or she may have in the individual bank account of the other, which shall remain their sole and separate property. The parties represent that there are no other bank or investment accounts in existence that can be considered marital property subject to equitable distribution. . 10. Credit Card Debt. There are no joint credit cards in existence. All existing credit card debt shall be the sole and separate responsibility of the person who incurred such debt, and that person shall indemnifY and hold the other harmless with respect to any and all liability in connection with the same. The parties represent there are no joint credit cards in existence, or other credit cards that contain marital debt. 11. Miscellaneous Debt. Any debt not specifically listed In this Agreement and/or incurred after August 1, 2005 (the date of separation) shall be the sole and separate responsibility of the party who incurred it. 12. Life Insurance Policies. Each party shall retain as his or sole and separate property, any life insurance policy, specifically including the cash surrender value, of any such policy he or she may own. 13. Reimbursements, Any reimbursements between the parties shall be made within fourteen (14) days of the written request of the other party unless another time frame has been specified, which shall include a copy of the bill or other supporting documentation. ] 4. Allreement Executed Voluntarilv 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; B. Enters into this Agreement voluntarily with the: option to obtain advice of counsel, free from duress of any kind; C. Has given careful and mature thought to the making ofthis Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. , 15. Release of All Claims, Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 16. Holdinfl Other Partv Free and Harmless, HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 17. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 18. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herselfthat his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. The parties specifically acknowledge that they have had the opportunity to speak with legal counsel of their choice and understand their right to seek such discovery, however have elected. to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 19. ReDresentationofthe Parties. WIFE is represented by Keirsten W. Davidson, Esquire, in connection with the negotiation and preparation of this Agreement. HUSBAND has been given the opportunity to seek independent legal counsel of his choice, however has elected. not to do so. HUSBAND acknowledges that Keirsten W. Davidson, Esquire has represented WIFE only throughout these proceedings and in connection with the negotiation and preparation of this Agreement, and that at no time did Ms. Davidson render any legal advice on his behalf, Each party has Carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts . that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence. 20. Attornevs' Fees for Enforcement. In the event that either party breaches any provisions of this Agreement and the otherpartyretains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non-breaching party in protecting and enforcing his or her rights under this Agreement. 21. Waiver of Riflhts. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and the appraisement of all marital and non- marital property; B. The right to obtain an income and expense statement of either party; C. The right to have all property identified and appraised; D. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; E. The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 22. Waiver of Rif!hts to Other Pam's Estate, Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of th(~ other. 23. Containment of Entire Af!reement Herein. This Agreement, supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 24. Partial Invalidit)l. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shaH, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 25. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shaH be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 26. Modification, This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 27. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be I~onstrued as a waiver of any subsequent default of the same or similar nature. 28. Attornevs Fees and Exoenses. Except as provided for otherwise herein, each party shall be responsible for their own attorneys fees and expenses. 29. Bankruotcv. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 30. Law of Pennsvlvania Aoolicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 31. Date of AJ!reement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement ifthey execute on the same date. 32. Successors and AssillnS. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: . \. ".~,('l'\,;, ^ 1"", "',,' 'l ,\'\ .'1- '\ \ \ .. , " J .~\' .. -) (~ "/:(' I ,) Date ()5 t JU " \~ \,,\,.,\.~\~'{\, C. \ii,. "',, "''\ ,.,) , ., f ,q/~/.,- III .:J (:) C:~M RODER! C. GILLESPIE --- Date COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF On this, the 1'.\" day of':>,,'''' "~,'I, , , 2005, before me the undersigned officer, personally appeared JULIE M. GILLESPIE, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. """ ~' '\ "\ . ), 1.\h\. c. \.,___ \ \ \J:3l ,'>,,., - ..' '" ~' . /' \ COMMONwEl\bNbt:liI"l' 'CVANM.,. Notarial Seal Tamn.y J. Misl~an, Notary Public Hampde~ Twp., Cumbetland County My CommIsSIon ExpIres )ooe28, 2007 Member, Pennsylvanla.AssodfJOOn of M,Jtnnoo COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF ., ...,\,\;.",; f..... , 2005 before me the undersigned officer, personally \ appeared RODERICK C. GILLESPIE, known to me or satisfactorily proven to be the person whose name is 'H' On this, the ~ day of subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. " \. .C' ,c ~-'\c'\; \' " ( .' x;w. ",~~~ ..... tV....\.I N ot<iry Pu lic CCMtvlONWEALr~fT)f PENNSYLVANiA Notarial Seal Tammy J. Mislyan, Notary Public Hampden Twp.. CumberlsDd County My Conunission Expires June '28, 200i Member, Permsy!venl<J As:'loclanon of N~.n:iBS ..\':.,..,t:~ d /'\ 9 ni?D -rIm ::':JCJ ~ )' :'IC.J ~,-- "T. t;;~~ f~j (jn'l -.---\ o w '-< () C ,-.:> c:? ,:;::::'I c;', c:::: rn " l'0 r<> ~ () -., --1 :.L--n f"'F -00.:": ~r,\....,J '--.J~ C~) ~._ -"1' \ ',; ~:~) ~~rn -,-. ~ ,0 c,.) s:c- JULIE M. GIUESPIE, IN THE CUlRT OF CCMMON PLEAS OF CUMBEHLAND COUNI'Y, PENNSYLVANIA NO. 0~i-4940 CIVIL TERM Plaintiff vs. HClDEHICK C. GIUESPIE, Defenda'P~ECIPE TO TRANSMIT RECORD To the Prothonotary: 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. (Strike out inapplicable section) 2. Date and mmner of service of the complaint: Acceptance of &'rvice signed by DE'fendant on Sept. 23, 2005 and filed with this Court on October 21, 2005 3. Complete either paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff December 22, 2005 by the defendant December 22, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None.' Ttw Prorx'rty &,ttlE'ment Agreelll<:'nt dated September 13, 2005 shall be incorporated, but not mersrc,d, into the Divorce Th"cre~' 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signc,d by Plaintiff on Th',cemb<',r 22, 2005 and Wai ve,r of Notice signed by Defendant on Decemb<',r 22, 2005 concurrently htfewith. concurrently hen'with. Attorney for Plaintiff~&ij~ Keirsten W. Davidson Atty ID # 78243 "'" ; 0:.::) 0; '5'. -" 081 /~~ :[l9 , <,3 C) , ~_,:5:-~ ..- -6r'11 -~.\ ~ U) '-'" () ~; \,,; ~', ~ ,< (/ /.\ .~<>- C) :~~ "-' = = c.o~ CJ r.. " N N E: ....... 'P. (~ 00 () -n --1 .. fj"i~ -pm :,,0 ~.:.;6 -".-~ -1- ,/),{ ~j~ -I )> :xl -< Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4940 CIVIL TERM JULIE M. GILLESPIE, v. CIVIL ACTION - LAW RODERICK C. GILLESPIE, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relatin9 to unsworn falsification to authorities. Date: Ll:( 1-~.1 D'7 f ~.7 fA ~~ JU ie M. Gil~spie, Plai i I :259186-7 () ~,; ~~ r --n!"1i --~~c; ':<<] ..-.,....-1. i -.to :.C-) '-~rn co w () c: ..,..,;.,' rfji' ~..:> ,-" = en c::> r'1 ,., N N () -" -l ..,. flip I'(t"', :.i~ts-; (_~:;C) .:-:~~~}~ ;)rn ~g -< :: '!? C..) c.J1 Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson 1.0. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JULIE M. GillESPIE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4940 CIVil TERM v. CIVil ACTION - LAW RODERICK C. GillESPIE, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 above are true and 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 /'2.-/2 z) 0.5 ~~ ~ oderick C. Gillespie, Defendant :259186-8 Q ,.,- ...., = => c.n ~. :J: "Tl f11p -uIT) ~nt;) ,. ~', , .::~S;'; :~~ f~; ;-:':::;r\-l :::0, ?' :.Q o c: .....' r:~7) .., en Cl >'1 ,. '''' N o --n --1 X" rr1p '"oCQ -:Dy "d~-:? ;?'l~ ;.--) , '::-1 ~j> ':0 :< ..~, . ,c', 110. ~ ::;r: s--:: :~ 'f? c'" .;::- ~~~~ ~~~~~~~~~~~ ~+.~~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + <> + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + , , + + + , + , + , + + + + + + + + + , + + , + + ++ ~ ~ 't' '+' +. ~ ;+: +. ~ 't' ~ ;+: JULIE M. GILLESPIE, +- ~~~~~~~+.~~+.~'+'+.~~ ~~+~'+''+'~+~~+~~~+.+~++.+.~+.+.+.~~+;+:+-+~++++-~ , + + + + + + + + + + + + + + + + + + + + + + + , , + + + , + + + , + , + + + + + + + + + + + + , + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Plaintiff No. 05-4940 CIVIL TERM VERSUS RODERICK C. GILLESPIE, Defendant DECREE IN , DIVORCE ~U . IT IS ORDERED AND 2005 AND NOW, + + + + + + + + + + + + + + + + + + + + + + + + The Property Settlement Agreement dated September 13, 2005 shall be incorporate +' but not merged, into this Decree in Divorce and is enforceable as an Order of : --..., +- Court as provided in 23 Pa. C.S. ~3105. + , + + + + + , + + + + + + + + , + , + + + + +- +- ,., +- +- +- +- +- +- + ~ +- +- ++- DECREED THAT JULIE M. GIUESPIE , PLAINTIFF, RODERICK C. GILLESPIE AND , 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 YET BEEN ENTERED; ~ FOR WHICH A FINAL ORDER HAS NOT Am'{J~ - PROTHONOTARY +-+~;+:+-+~~~+++-++++-;+:~+'+';+:+++-++~+++;+:++'+'++++~++++;+:~+-+++- J. . t.j--:3(l Pt-. )"3>7 J f: tV -:3':>,1 rod r-O~J~I<7l','Q )f J..ftti '-!- }'371t;lA/ l~Joi/ rirf'3D - jQ! '1! I .