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HomeMy WebLinkAbout05-5419 TED A. GITT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5''1 J 9 ~ 7=- CIVIL ACTION - LAW KELLY A. GITT, Defendant ; IN DIVORCE NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 717-249-3166 TED A. GITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v : CIVIL ACTION LAW NO. 2005 - 6'11'1 CwJ I.e.-- DIVORCE KELL Y A. GITT, Defendant COMPLAINT Plaintiff, Ted A. Gitt, by his attorneys, Broujos & Gilroy, P.c., sets forth the following: 1 Plaintiff, Ted A. Gitt, is an adult individual residing at 278 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 2 Defendant, Kelly A. Gitt, is an adult individual residing at 1604 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant were married on September 27, 1986 in Cumberland County Pennsylvania. 4 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action. 5 There have been no prior actions of divorce or annulment between the parties. 6 The parties have lived separate and apart since October 22, 2003. 7 The marriage between the parties is irretrievably broken. 8 Plaintiff is requesting the Court to enter a decree divorcing him from the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree of Divorce whereby Plaintiff will be divorced from the Defendant. BROUJOS & GILROY, P.c. By Hubert X. Gilroy, Esqu. e Attorney for Plaintiff Broujos & Gilroy, .Co 4 North Hanover Street Carlisle, PA 17013 717-243-4574 VERIFICATION I, Ted A. Gitt, verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ~~~ ~.Gitt (") "-' C::;. t:~:::" ~ C c.:) -n <::.J' " ~ " C) \,-; f -, ~ ~ ~ CJ 1---1 ""- fA 2'".~ '- ~ --- , "- -4l> .- \...0 " --a. " D ~-J c-, -<> ~ C) ~..i'7 .< ~ C.., \. TED A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 2005-5419 CIVIL TERM KELLY A. GITT, Defendant CIVIL ACTION-LAW IN DIVORCE ACKNOWLEDGEMENT OF SERVICE I, KELLY A. GITT, hereby acknowledge receipt of the Divorce Complaint filed in the above case which included a Notice to Plead, said service being on November 18, 2005. Date: II f~/DS / I, j' /.r- I' /'~ '1''''(1 J," n ~\. c~ lCa!&t / ) '-.1/ It) KELLY6 lTT . i-.) ,.;...n .'['1 .-r. "" , " " i'.." (.;,) TEDA. GrIT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2005-5419 CIVIL TERM KELLY A. GITI', Defendant. : CIVIL ACTION-LAW : IN DIVORCE NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN TIllS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITmN TWENTY (20) DAYS AFTER TIllS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on October 22, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworu falsification to authorities. Date: s171ot; f ' -~. ~ :' ~ ~, ~ED A. G~laintiff (") ...., ~ = c:: = -;"" "'"' -,.,'.. :::c; :!! "\:.)r,:: m(~ ;l>> M,:JJ ".,.. , -< r N -c;m i/_j ~JJO s:'" <.:),1., c:: i: '.1'!."::f, , -u ?-):D - Z "..0 j:~: L:~ c.;: om ~ ::3 0 ::0 '~ ...J "< 7lb, {J 5' - .5'919 , PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this /9 day of !V[)l!e;nht/{ , 2005, by and between TED A. GITT, (hereinafter referred to as Husband) and KELLY A. GITT, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on September 27,1986; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, Husband has commenced a divorce action against Wife docketed at No. 2005- 5419 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of. those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1 The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if 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 Husband will convey to his interest in the marital real estate at 1604 Holly Pike, Carlisle, Pennsylvania, to Wife. Wife agrees to assume the two mortgages on the property and to indemnify and hold Husband harmless in connection with the mortgages. Wife further agrees that she will refinance these mortgages so that Husband's name is removed from the mortgages. Thereafter, the mentioned real estate should be the sole property of Wife. 3 Both parties agree to waive any claims that they may have with respect to any Pension Account, 401K, Retirement or any work related benefits that the other party may have. The parties will execute all necessary documents in order to verify this waiver. 4 Each party acknowledges that they have equitably divided between themselves all items of marital property. Wife waives claims on any items of personal property in Husband's possession, and Husband waives claims on any items of personal property in Wife's possession. 5 Each party hereby represents they have disclosed all of the marital assets to the other party in the negotiations for the consummation of this Agreement. 6 The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife agrees to proceed with finalizing the divorce case. 7 Both parties shall incur their own legal expenses with respect to this divorce litigation. 8 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party. ~ 9 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other sate, 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 any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 10 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy of 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 testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 the intention of Husband and Wife to give to each other by the execution of this 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. 11 Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. , 12 Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 13 A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14 This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15 It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 16 If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 17 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18 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. 1 19 Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS J)(MV: t3:uc1V11..hr74Jt , P~-CL ~ / TED A. GITT ~0ff KELLV' GITT r--' c::::) (':;:.:l c~-_r-. (:) 11 .-l -r C) (' "J --I I 4:- l"..j ,.:.) :-1 f':::" ::--:r", :< 0'> - TED A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2005-5419- CIVIL TERM KELLY A. GITT, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Notice of Intention to Request Entry of a Section 3301(d) Divorce in the above referenced matter was served on Defendant Kelly A. Gitt by Certified Mail #7004 1350 0003 7143 6808, Return Receipt Requested, on August 19, 2006. Copies of the Certified Mail and the Return Receipt Requested, Restricted Delivery forms are attached hereto and marked as Exhibit A. Copies of the August 8, 2006 letter and Notice to Defendant are attached hereto and marked Exhibit B. October ~, 2006 Hubert X. Gil y, Esquire Attorney for. lain tiff Broujos & ilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 717 - 243-4574 Sworn to and subscribed before me this ~~ COMMONWEAL-,-H OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary Public Carlisle Boro, Cumberland County My Gu if'lis.siO'l Exr-'rRS A!J~:.~..~ Member, p;;-;;:;iv'~';;j=-A~~~C'dt!or, 01 Notaries '. -,'K):) '" .~; :,?; ! ~ .J H_ , , '"',('\ ''''0Z J. ,.'J ')UU .. <:0 Cl <:0 ..D U.S. Postal Service1M CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) rn =t' ..-=t I"'- USE rn Cl Cl Return Reclept Fee Cl (Endorsement Required) Cl Restricted Delivery Fee Ul (Endorsement Required) rn ..-=t ICIA ..3'1 Certified Fee ,[) 4 0 ~3"5 g~"o Total Postage & Fees $ =t' ~ SentTo ell jq. C;,.ct I"'- ~~r!l~~~~~~~~~~~t;j~~~~]j~L(~~~~e;JL.~~~~~~~~:~::::::::: City, State, ZI 4 n . ~ e?A 0 Postage $ Postmark Here . Complete items 1,2, and 3. Also complete item~$,llestricted Delivery is desired. . Print your .name and address on the reverse so that wEf can return the card to you; . Attach this card to the back of the mailpiece, or on the frontifspace permits. 1. Article Addressed to,: Ms. Kel"WY",.A. Gitt 1604 Hi?~t:Pike Carlisle~~1>A 17013 o Agent o Addressee C. D~!l of Delivery <?-(."1-c{, DYes DNo SENDER: COMPLETE THIS SECTION 3. Sarvi ype rtified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 2. Article Number rrransfe.rfJT)mservlce/abel) Certified No. 7004 1350 0003 7143 6808 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540: EXHIBIT A F \ L E JOHN H. BROUJOS HUBBRT X. GILROY BROUJOS & GILROY, P.c. ATI'ORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TBLEPHONE: (717) 243-4574 FACSIMlLB: (717) 243-8227 jbroujos@broujosgilroy.com hgilroy@broujosgilroy.com August 8, 2006 NON-ToLL FOR HARRISBURG AREA 717-766-1690 Ms. Kelly A. Gitt 1604 Holly Pike Carlisle, P A 17013 Re: Gitt vs. Gitt No. 2005-5419 Dear Ms. Gitt: Enclosed for service upon you is a Notice of Intention to Request Entry of a Section 3301(d) Divorce in the above referenced case. Attached to this Notice is a Counter- Affidavit Under Section 3301(d) of the Divorce Code. Sincerely yours, Hubert X. Gilroy pn cc: Mr. Ted A. Gitt Enclosures This is being sent by Certified Mail, Return Receipt Requested (restricted delivery) EXHIBIT I B FILE , '. TED A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2005- 5419 CIVIL ACTION - LA W KELLY A. GITT, Defendant : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: KELLY A. GITT 1604 HOLLY PIKE CARLISLE, PA 17013 DEFENDANT You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the ~ 3301(d) Affidavit. Therefore, on or after September 18, 2006, the other party can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a Counter-Affidavit by the above date, the Court can enter a final Decree in Divorce. A Counter-Affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Affidavit alone does not protect your economic claims. 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 INFORATION ABOUT mRlNG A LAWYER. IF YOU CANNOT AFFORD TO mRE A LAWYER, TmS 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 717-249-3166 Date: August 8, 2006 Hubert ilroy, Esquire Attorney for Plaintiff 'r-:~ :-tJ .-::. O'~, - . . ~ TED A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2005- 5419 CIVIL ACTION - LAW KELLY A. GITT, Defendant IN DIVORCE COUNTER-AFFIDAIVT UNDER ~ 330l( d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i) or (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in the Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: KELLY A. GITT Defendant .. TED A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v No. 2005-5419 CIVIL TERM 1'",) '- c KELLY A. GITT, Defendant CIVIL ACTION-LAW IN DIVORCE C1 f-'-; c; I {-V ~, ACKNOWLEDGEMENT OF SERVICE r",,~ (.,.) I, KELLY A. GITT, hereby acknowledge receipt of the Divorce Complaint filed in the above case which included a Notice to Plead, said service being on November 18, 2005. ..~ _.~.._-- Date'. i 1/1.9/ II,> {' Vi "'- I ~ , \ i, :'{. . ;' ""'--LL<.., t J' , KELL YA:GITT EXHIBIT I s A ~~ .-~ f~i ;D i--n \:.~) F \ L- F". JOHN H. BROU}OS HUBERT X. GILROY BROUJOS & GILROY, P.c. ATIORNEYS AT LAW 4 NORm HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 2434574 FACSIMILE: (717) 243-8227 jbroujos@broujosgilroy.com hgilroY@broujosgilroy.com August 8, 2006 NON-ToLL FOR HARRIsBURG MJ!.A 717-766-1690 Ms. Kelly A. Gitt 1604 Holly Pike Carlisle, P A 17013 Re: Gitt vs. Gitt No. 2005-5419 Dear Ms. Gitt: Enclosed for service upon you is a Notice of Intention to Request Entry of a Section 3301(d) Divorce in the above referenced case. Attached to this Notice is a Counter- Affidavit Under Section 3301(d) of the Divorce Code. Sincerely yours, Hubert X. Gilroy pn cc: Mr. Ted A. Gitt Enclosures This is being sent by Certified Mail, Return Receipt Requested (restricted delivery) EXHIBIT b I B ~~' 1 L F=,~ J.-~_T,... TED A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005- 5419 CIVIL ACTION - LAW KELLY A. GITT, Defendant : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: KELLY A. GITT 1604 HOLLY PIKE CARLISLE, PA 17013 DEFENDANT You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the ~ 3301(d) Mfidavit. Therefore, on or after September 18, 2006, the other party can request the Court to enter a fmal Decree in Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a Counter-Affidavit by the above date, the Court can enter a final Decree in Divorce. A Counter-Affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Mfidavit alone does not protect your economic claims. 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. TIDS OFFICE CAN PROVIDE YOU WITH INFORATION ABOUT fiRING A LAWYER. IF YOU CANNOT AFFORD TO fiRE A LAWYER, TfiS 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, PENNSYL VANIA 717-249-3166 Hubert Gilroy, Esquire Attorney for Plaintiff Date: August 8, 2006 TED A. GITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005- 5419 CIVIL ACTION - LAW KELLY A. GITT, Defendant IN DIVORCE COUNTER-AFFIDAIVT UNDER ~ 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i) or (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in the Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: KELLY A. GITT Defendant . TED A. GITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2005-5419- CIVIL TERM KELLY A. GITT, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: November 18,2005. Acknowledgment of Service is attached hereto and marked as Exhibit A. 3. Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: May 24, 2006; (2) Date of service of the Plaintiffs Affidavit upon the Defendant: July 12, 2006. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached hereto and marked as Exhibit B: August 19, 2006. Hubert X. G' oy, Esquire Attorney Ii Plaintiff Broujos Gilroy, PC 4 North Hanover Street Carlisle, P A 17013 717-243-4574 o f~ 1--') c? c:;:.:::3' o~ o -n C) ?; -'. 0"> o c..) N ,.;'li ;Ii ;Ii ;Ii ;Ii 'Ii 'Ii 'Ii ;Ii ;Ii ;Ii;li ;Ii ;Ii;liOf. ;Ii;li ;Ii ;Ii IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF TED A. GITT, Plaintiff No. 2005 - 5419 VERSUS KELLY A. GITT, ;Ii ff. Of. ff. Defendant DECREE IN DIVORCE () L-+ I 7 , 2 O(S~ IT IS ORDERED AND AND NOW, Ted A. Gitt , PLAI NTI FF, DECREED THAT Kelly A. Gitt , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. 'Ii 'Ii ;Ii 'Ii 'Ii ff. 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; No claims pending ATTES ;Ii;li;t;'Ii ;t; ;t;Of.0f.'Ii'li 'Ii 'Ii'li Of. Of. Of. Of.0f.ff.0f. 'Ii Of. Of. 0f.0f. Of. Of. Of. Of. Of. Of. Of. Of. Of. Of. Of. 'Ii Of.;t;0f. if Of; Of. 'Ii 'Ii 'Ii if ;t; ;t; ;t; Of. ;Ii if ;t; ;t; ;t; 'Ii 'Ii ;t; ;t; Of. ;t; ;t; ;t; 'Ii ;t; Of. Of. ;t; ;t; if J. if if ;t; if if if if if if if ff.'Ii;t;";'" . * JZ' ~ ~ ?t7-f,i' <7/ ~ P 1# ~'~ ft '7r?' 61'0/ \- ( .,! : . ".. ~..