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HomeMy WebLinkAbout02-2237 SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA JEFFREY C. GILBERT, VS. BRENDA K. GILBERT, Plaintiff De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- ~3 '~ CIVIL TERM IN DIVORCE NOTICE 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 Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~'ar, 4J(~9L~nd sa ~/l=squire 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Slreet Carlisle, PA JEFFREY C. GILBERT, VS. BRENDA K. GILBERT, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - ;2.2.3'7 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCF Jeffrey C. Gilbert, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Jeffrey C. Gilbert, who currently resides at 244 Stone House Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since approximately 1993. 2. The Defendant is Brenda K. Gilbert, who currently resides at 453 West Penn Street, Carlisle, Cumberland County, Pennsylvania, where she has resided since June 2001. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 17, 1990, at Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the mardage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of mardage counseling and of the right to request that the Court require the parties to participate in mardage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff Date: /ames D. Fl~we~, Jr.~-Esquir~,~) (~..~ I..D_ Cf 27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date:~O"-'",~ - 0.2. SAIDIS ;HUFF, FLOWER & LINDSAY 26 W. High Street Carliale, PA SAIDIS SHUFF, FLOWER & LINDSAY ATroR/~YS*AT*LAW 26 W. High Street Carlisle, PA JEFFREY C. GILBERT, VS. BRENDA K. GILBERT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 2237 CIVIL TERM : : IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE l, THOMAS D, GOULD, ESQUIRE, A.'!-YORNEY FOR DEFENDANT, BRENDA K. GILBERT, IN THE ABOVE CAPTIONED ACTION, HEREBY ACCEPT SERVICE OF THE DIVORCE COMPLAINT IN THE ABOVE ACTION FILED ON MAY 7, 2002 ON DEFENDANT'S BEHALF AND HEREBY ACKNOWLEDGE THAT I AM AUTHORIZED TO DO SO. Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 · ~ ~ $~-0~. JEFFREY C. GILBERT, PLAINTIFF V. BRENDA K. GILBERT, DE~'~-RDANT IN THE COURT OF CO~4ON P?-~S CUMBERLAND COUNTY, PENNSXLVANIA NO. 2002 - 2237 CIVIL TERM IN DIVORCE AFFIDAVIT OF CON2~NT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JEFFREY C. GILBERT, PLAINTIFF BRENDA K. GILBERT, DE~'m~DANT IN THE COURT OF CO~N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 2237 CIVIL TERM 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 without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BRENDA K. GILBERT SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORI~SoAT,,LAW 26 W. High Street Carlisle, PA JEFFREY C. GILBERT, VS. BRENDA K. GILBERT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 2237 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(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 in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~Gilbert, Plaintiff Date: PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ... /'~ day of 2001, between JEFFREY C. GILBERT, of ~ Stone House Road, Cumberland County, Pennsylvania, hereinafter referred to as "Husband,',~ A N D BRENDA K. GILBERT, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife". Carlisle, RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on November 17, 1990, in Carlisle, Cumberland County, Pennsylvania: and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle. PA R.2: The parties' hereto desire to settle fully and finally their respective financial and property dghts and obligations including, but not limited to all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, and alimony pendente lite, NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to cam/out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. flIp, h S~reet Carlisle, PA (3) REAL PROPERTY: The parties are the owners of certain real estate with ~mprovements thereon erected and known and numbered as 244 Stone House Road, Carlisle, Cumberland County, Pennsylvania. The County assessed value for said real estate is $134,870.00. The payoff of the first mortgage on said real estate is approximately $142,000.00. The property is also encumbered by a second mortgage which is a line of credit from Husband's business. Wife agrees within thirty (30) days to convey the real estate with improvements thereon erected at 2'/,d Stone House Road Carlisle, Cumberland County, Pennsylvania to Husband by special warranty deed. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss thereon. (4) HUSBAND'S BUSINESS: Husband has a business, which is designated as "GILBERT'S PROFESSIONAL PEST CONTROL, INC.". In confirmation of the Prenuptial Agreement of the parties, Wife hereby waives any and all dghts which she may have in Husband's business and business assets, including office equipment, furnishings, supplies and pest control equipment, as well as any good will and accounts receivable of said business. Husband in consideration of the aforesaid takes fulJ responsibility for all debts and obligations of said business. (5) DEBT: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hish SU'eet Carlisle, PA A. Marital Debt: Wife had supplied Husband with a schedule of creditors holding unsecured non-priority claims, which is attached hereto as Exhibit "A". Wife had represented to Husband that all of these are debts that are in her name alone, except for a Consumer Credit Account at Members First Credit Union, which was originally in the approximate amount of $10,000.00, a small account at Members First Credit Union in the amount of less than $400.00, and a Discover Card in the amount of less than $3,000. Husband agrees that he will take sole responsibility for these accounts. Wife agrees that she will take no further advances on these accounts and will destroy any cards or other instrumentality's that would allow her to take any advances on any of these accounts. Wife agrees that she will take sole responsibility for all of the other debts, in Schedule "A" and agrees to hold Husband harmless for any loss to Husband adsing out of such indebtedness. Wife affirmatively represents to Husband that there are no other undisclosed debts, which are the responsibility of Husband. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High 5tFeet Carlisle, PA C: Future Debt: From the date of this agreement neither party shall contract or ~ncur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. Any other debts contracted dudng the course of the marriage by either spouse, shall be promptly disclosed to the other spouse. (7) MOTOR VEHICLES: Wife relinquishes any right, title and interest she may have to any and all motor vehicles currently in possession of Husband. Husband currently provides Wife with a car leased through his business, which lease expires October 1, 2001. Husband agrees that before the conclusion of the lease period he wil purchase the motor vehicle currently in Wife's possession and transfer title to said motor vehicle to Wife. Wife will simultaneously execute any documents necessary to establish Husband's position as first lien holder, and will sign a security interest in whicl' she agrees to repay Husband for the entire purchase pdce of said motor vehicle, including any transfer taxes or charges, payable on a monthly basis, with interest at the rate of 6% amortized over a pedod of four years. Wife agrees that she will be solely liable for the vehicle debt and for insurance, maintenance, and other costs related to the vehicle, and agrees to hold Husband harmless for any loss adsing out of the failure to make any such payments. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hish $~'eet Carlisle, PA (8) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the fumiture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property Presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. In confirmation of said division, the parties have attached lists of premarital property and property which they have divided in a satisfactory fashion. Husband acknowledges that Wife has certain clothing and personal property belonging to her or to her children, which is stored at the marital home. Husband will cooperate with Wife in arranging for said property to be picked up by Wife. Husband has given Wife $1,500.00 to balance the value for the snow blower, dding lawn mower and washer and dryer, which Wife has allowed Husband to retain and which she waives any and all interest in. (9) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. (10) FAMILY COTTAGE: Wife hereby agrees to waive any claim which she may have relating to John Gilbert family cottage in Pine Grove, which is built on land currently leased from the Commonwealth of Pennsylvania. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (11) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, has been advised that he or she may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (13) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. SAIDIS SBIIFF, FLOWI~ & LINDSAY 16 IV. ltl~h $1reet C, adisle, PA (14) INCOME TAX: The parties have heretofore filed joint Federal and State Tax ratums. Both parties agree that in the event any deficiency in Federal, state or local ~ncome tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and 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 of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (15) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. The parties acknowledge that Wife intends to file bankruptcy, which filing shall not be considered to be a breach of her obligations hereunder. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. lli~h $1reet Carlisle, PA (16) HEALTH INSURANCE: Husband is currently covered under Wife's health insurance arising out of her employment with the Federal Government. Wife represents to Husband that this insurance costs approximately $80.00 every two week pay period, over and above what she would have to pay for insurance on her health alone. Wife agrees to Provide documentation to confirm the amount of this cost. Wife agrees that she will continue to retain Husband on Wife's health insurance policy as long as she remains employed by the Federal Government, and as long as the parties remair marded, regardless of their separation. Wife shall be entitled to reduce her payment to Husband for the motor vehicle in question in an amount equal to the cost of this health insurance to Wife during a given monthly period, provided she provides the appropriate documentation to confirm the amount of those costs. (17)COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (18) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (19) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony //te, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divome. SAIDIS SHUFF, FLOWE~ & LINDSAY 26 W. High Street Carlisle, PA (20) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, rePresentatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, rePresentatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or dghts in the nature of curtesy and dower; D. All widow or widower's rights; E. All dght, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All dghts or claims to any accounting; 10 G. All dghts, claims, demands, liabilities and obligations adsing out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations adsing under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, terdtory or political subdivision; I. All dghts, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (21) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (22) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the Provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the 11 Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, rePresentations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first wdtten above. WITNESS: SAIDIS SHUFF, FL0WF~ & LINDSAY 26 W. High S~'eet Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY ATTOR/~YS*AT*LAW 26 W. High Street Carlisle, PA JEFFREY C. GILBERT, VS. BRENDA K. GILBERT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002. 2237 CIVIL TERM : : IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD 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. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Thomas D. Gould, Esquire, Attorney for Defendant, Brenda K. Gilbert, and filed June 7, 2002. 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 on August 27, 2002; by the Defendant on August 21, 2002. (b) /~ r~.,,~ ~ ...... .......... o ..... rcqu~rcd .... - ....... upon thu ~:,' 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: September, 2002 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: September, 2002~- ~ ~ Carol J. Li~ A'ttorney-~or Plaintiff JEFFREY C. GILBERT, Plaintiff VERSUS BRENDA K. GILBERT, De fe ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~._ PENNA. NO. 2002 - 2237 civil IN DIVORCE DECREE IN DIVORCE AND NOW, DECREED THAT JEFFREY C. GILBERT I, PLAINTIFF, AND BRENDA K. 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; NONE. The terms of the Property Settlement and Separation Agreement dated October 1, 2001, are incorporated, but not merged, into this Decree in Divorce. A~T: · PROTHONOTARY