Loading...
HomeMy WebLinkAbout02-2425 JAMES GIBSON, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO, Qol. - .;J.. '( d.~ * JODI S. GIBSON, * CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY COMPLAINT UNDER !i3301 OF THE DIVORCE CODE 1, Plaintiff is, James Gibson, who currently resides at 322 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is, Jodi S, Gibson, who currently resides at 322 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania, 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint, 4. The Parties were married on September 30, 1995, 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction, 7, The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8, Plaintiff avers that there is one (1) child of the parties under the age of eighteen (18). COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER ~3301 (c) OF THE DIVORCE CODE 9, The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10, The marriage of the parties is irretrievably broken. 11, After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code, COUNT II. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301 (d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 13, The marriage of the Parties is irretrievably broken, 14, The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in Section 3301 (d) of the Divorce Code, WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code, COUNT III. REOUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323, ~3501, ~3502 and ~3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 16, Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR CONFIRMATION OF CUSTODY UNDER 93104(A)(21 AND 3323{Bl OF THE DIVORCE CODE 1 7, The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The parties are the parents of the following unemancipated child who resides with Plaintiff and Defendant: NAME AG.E. .&EX DATE OF BIRTH Lindsey L. Gibson 5 Female August 1, 1996 19. During the past five (5) years, the child has resided with the parties and at the addresses herein indicated. FROM IQ WITH WHOM ADDRESSES 8/1/96 1 2/1 /96 Mother and Father 4735 Stelee Avenue, Lemasters, PA 1 2/1 /96 Present Mother and Father 322 Cascade Road, Mechanicsburg, PA 20, Defendant is emotionally and mentally unstable, Defendant physically attacked Plaintiff on two (21 occasions in May, 2002 prior to the filing of this Complaint, The second attack occurred while Plaintiff was asleep in bed, 21 . Defendant has threatened Plaintiff that she will injure herself or cause another to injure her so that she may falsely accuse Plaintiff of physically abusing her and press criminal charges against Plaintiff. Defendant advised Plaintiff that she wants him "to go to jail" because she is unhappy about Plaintiff's plans to relocate to Virginia for his job, 22. Moreover, Defendant has withheld custody or visitation of the minor child from Plaintiff and threatened that "he will never see her again," Defendant further lied to the child by telling her that "Daddy is going to Germany" when, in fact, Defendant knows Plaintiff is interviewing in Richmond, Virginia for his new anticipated employment position, 23, Plaintiff has never physically, mentally or otherwise abused his wife or child, and believes that the child's interests are best served if primary physical custody of the child is granted to or confirmed in Plaintiff due to Defendant's instability. 24. Plaintiff has been the child's primary caretaker. 25. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 26. There are no other proceedings pending involving custody of the child in this or any other state. 27, Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 28, The best interests of the child will be served if custody of them is confirmed in Plaintiff, WHEREFORE, Plaintiff respectfully requests that, pursuant to ~ ~ 31 04(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the child in Plaintiff, COUNT V. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 29. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 30. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 31 . While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 32. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree, Date: Respectfully submitted: BY: Jen e L, Frechette, Esquire 265 North Third Street Harrisburg, PA 17110 (71 7) 238-2200 ID #87445 5/ I~ /02- ATTORNEY FOR PLAINTIFF 05/15/2002 10:53 71 72389280 STERN OR WEINTRAUB PAGE 10 VERIFICA liON I, James Gibson, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities, Date: 5/ ] -5 ) tJl..- I I ~~,v-- ames Gibson RECEIVED TIME MAY, 15, 11 :05AM ~ , ~ ~ ~~ ~ ~ , ~ ~ (") 0 ~ ~~ ~ N 0 ~ -0 ill :J:: "11 cr! {i :;:",. ~--.J ...... \ z",., -< I... '-n ~ i75 t~~' j'll._ IJ ~ \ r- ~ " '-()f'n ~ ~ , '$ '<~ '-.J :',;9 , ~b t.. ,1-'.. :f '- "'.'" ~:~ ~~n ~ , z~.! -- -" "1\ ~ \~ ;:;;0 - 7(') ~ c:: Ofn ~ " ~,,., --i :5 (n -< ::'i,i^ JAMES GIBSON, PLAINTIFF v. * * * * * * * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2425 Civil JODI S. GIBSON DEFENDANT CIVIL ACTION - LAW IN DIVORCE & CUSTODY CERTIFICA TE OF SERVICE I, Jennifer L. Frechette, Esquire, do hereby certify that on the date set forth below I served a true and correct copy of the foregoing General Interrogatories (First Set) From Plaintiff To Defendant upon Jodi S, Gibson, by depositing same in the United States Mail, First Class, postage prepaid, addressed as follows: Jodi S. Gibson 322 Cascade Road Mechanicsburg, PA 17055 s I r+ IGC- Date: J n i r L. Frechette, Esquire 26 North Third Street Harrisburg, PA 17110 (717) 238-2200 10#87445 Attorney for Plaintiff 2 0 0 N -n :;: :To -0 cr; ':;:J" -,., ~Q; ..-<: r::';' zt;: N _';2\~j ~:~ 0 ~ ,-, l,-_i ~O -0 '-11 .-n ?Zg ::;;: (~.:2(~ tf! (SCn :J>C ---I ~ W ~ f" ~ JAMES GIBSON, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY,PENNSYLV~ * VS. * NO. 02-2425 * JODI S. GIBSON, * CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN AND NOW, this 20th day of May, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on May 17, 2002, she mailed a certified copy of the Complaint in Divorce, by certified mail, return receipt requested, to Jodi S. Gibson, Defendant, 322 Cascade Road, Mechanicsburg, PA 17055, and the same was received by her on May 18,2002 as indicated by the return receipt card which is attached hereto. Sworn to and subscribed before me on thishl6..Jh day of (Y\~ 2002, ~l ~ n 'fh .Lma~ otary Public Nolarial Seal Misty D. Lehman, NotarY Public >-1.'"""h"", /")''''ohin Counly M). ~~ . '.,. "co Aug. 2, 2004 ... . CoftoIrJlIle ...... " 2, ..I,. .. - ~},L 18m 4 If Restricted Dellvllly Is desired. . Print your name 8Ild addl'8llS on the rev_ 10 th8l _ can I'lltum the card to you. . Attach this card to the baCk of the mBilplece, or on the front If space permits, 1, Article Addressed 10: JcJ: S. ~bS6Yl 322- Co.:x~ 1?oad /1I1lc.f1o.Vl/ C. 5hl).V q prt V JtCXV 3, llr"'" l'JPe III CertIfIed Mail [] Express Mail [] Reglslenld ]!(Retum ReceIpt "- 11 <I - [] lnoured Mail [] C,O,D. 4, ~ Delivery? (EIctt8 Fee) ... 2, :::U= service ~ =tOCD I (p 10 C;Go9 97iS (og-()/ P8 Form 3811, ......uOel1 [)DlNIlIc _I'lecelpl 1OII96-01....2fIII " .. ~ v ~ ~ "'Ow r-r-. ~ m rr! V'V Z::ti --- ...,..... ZS;; ~ ~ ~tt -. - J- z8 1:- ~ r. "~ ~ S ~-~) . -. : JAMES GIBSON PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 02-2425 CIVIL ACTION LAW JODI S, GIBSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 25, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ Jacqueline M, Vernry, Esq. Custody Conciliator ~v '" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE TIllS PAPER TO YOUR ATIORNEY AT ONCE, IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association. 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ .~ ~ r ~ ~~ c-(?e('./, h ~ ~~~?#' -~ ("t? ~~~ ~_P$ ~ ~~ ./p et?'. ee-,7 \-..1 \i\\'Nl\\iB~\r' ::\~'n(\" ~r-'."'.. (,'," t."'o' h\:J.1'"~~\J,~ IV ) \ t\!f I' \) "".'" \J..\l\ ." --l I'-I'J In S '\ \ / 1\' '.~' (..U ~l" I." ,.. Uv' "~. . ;('l , :~v ),'tNl.C~&~:.tO:ii:n~ JAMES GIBSON, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 02-2425 * JODI S. GIBSON, * CML ACTION - LAW Defendant * IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certifY that on May 23,2002, I served a true and correct copy of the Order scheduling the Custody Conciliation Conference, upon Jodi S. Gibson, Defendant, by depositing same, postage pre- paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Jodi S. Gibson 322 Cascade Road Mechanicsburg, P A 17055 Date:5!z?!Gl2 ~~i~ (") c:: <" ~"T~ 0:1 rn ~"" zr": (j) )." r:-< :r.:-, :<C~ ~Q ",,"Ci --c Z ~ , 1 i ! I '. o N :'II: ;p,. -< N m o -n ::~J r{=; -n . 'r -:-rn1 '~:J r-, ~)(T ".; .) ,~~~!? .~ cjrn -I ~ -< -0 ~ ~ :::> co JUN 2 5 zoez ~ JAMES GIBSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy,PENNSYLV ANIA V. : NO.2002-2425 CIVIL TERM JODI S. GIBSON, Defendant : CIVIL ACTION . LAW : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of June, 2002, the Conciliator being notified that the parties have reached an agreement by stipulation, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 0 0 0 c: ('.) .J s:: '- -f '"0 c.' c::: ,. J.: -r! n', r; , Z N ,"" '-"71 2'~ F:" , -, ~~;: \-,-- 0) -.J ) (~) -< . ~, r:: \_- -.-... .~'- --,. () 2: f'r, z,::.: \~, :.0 ., C_ ~~:j t..- ':... :::'":1 :0 .-' CO -< -...... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002~ 2425 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY JAMES GIBSON, vs. JODI S. GIBSON, Defendant CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth. by and between Jodi S. Gibson (hereinafter referred to as "Mother") and James Gibson (hereinafter referred to as "Father') WHEREAS, the parties are the natural parents of Lindsey L. Gibson, born August 1. 1996 (hereinafter referred to as .child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE. in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child during the Summer of 2002 as follows: S0 39'v'd 3::JI.:l.:lO M'v'l sao SSLS6P~L!L 00:60 ~90~/8!/L0 a. From June 28 through June 30; b. From July 5 through July 7; c. From July 18 through July 27; d. From August 2 through August 9. 4. Beginning the weekend of August 16, 2002, Father shall have partial physical custody of the child every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 5. Beginning in the Summer of 2003, father shall have one uninterrupted week of partial physical custody of the child in June. two uninterrupted weeks of partial physical custody of the child in July, and one uninterrupted week of partial physical custody of the child in August. Father shall notify mother of the weeks he intends to spend with the child for vacation by April 15 of each year. 6. The parties shall divide the Christmas holiday into two segments, and the parties shall each be entitled to share one such segment of time with the child each year. 7. The parties shall alternate the Easter and Thal'!ksgiving holidays on a yearly basis, so that each party will have one of those holidays each year. 8. Father shall be entitled to four days of partial physical custody of the child during her winter/spring break from school. 9. The children shall spend each Mother's Day with mother and each Father's Day with father. 10. The parties will keep each other advised immediately relative to any 90 39'v'd 3::JI.:l.:l0 M'v'l S80 S5L56tolL1L 00:60 l00l/81/L0 emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. Neither party may travel outside the continental United States without the written consent of the other parent. .11. Neither parent shall do anything which may estrange the children from the other party, or injury the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or affection for the other party. 12. The parties are encouraged to deviate from this schedule when the best interests of the children require them to do so, however. in the absence of an agreement, the terms of this agreement shall be controlling. 13. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact. have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. L0 39'v'd 3::JI.:l.:lO M'v'l saD 55L56l>GL 1L 00:60 6B06/8!/L0 IN WITNESS WHEREOF. the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: ~ '~A/nCJ/U /" Jodi S. Gibson DATE: ~):L-- ?l/d4~ A-\{ovV1e~ .f/ V\ll\vrh'ff 0\ rL \07- DATE: mas.dir/domestlclcustody/gibson.stp 80 39'v'd 3::JI.:l.:lO Mli'l saD 55L56PGLIL 00:60 GB0G/8I/L0 -1!-. ~f~. /, '.... cr..~ .f~ -c.:, ." ~Cj ~(=; >() C ~ () ~ ...~.-". fv ~/) """ '0 Cl --;1 -I en . ;-.--; :n- ::~: ";" ~~~ o;! :D -< 0:- .r.- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES GIBSON, vs. NO. 2002- 2425 CIVIL TERM Defendant CIVIL ACTION-LAW IN CUSTODY JODI S. GIBSON, AND NOW, this ORDER OF COURT "~ day of ~ 2002, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following child: Lindsey L. Gibson, born August 1, 1996 (hereinafter referred to as "child"). 1. The parties shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child during the Summer of 2002 as follows: a. From June 28 through June 30; b. From July 5 through July 7; c. From July 18 through July 27; d. From August 2 through August 9. 4. Beginning the weekend of August 16, 2002, Father shall have partial physical custody of the child every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 5. Beginning in the Summer of 2003, father shall have one uninterrupted week of partial physical custody of the child in June, two uninterrupted weeks of partial physical custody of the child in July, and one uninterrupted week of partial physical custody of the child in August. Father shall notify mother of the weeks he intends to spend with the child for vacation by April 15 of each year. 6. The parties shall divide the Christmas holiday into two segments, and the parties shall each be entitled to share one such segment of time with the child each year. 7. The parties shall alternate the Easter and Thanksgiving holidays on a yearly basis, so that each party will have one of those holidays each year. 8. Father shall be entitled to four days of partial physical custody of the child during her winter/spring break from school. 9. The children shall spend each Mother's Day with mother and each Father's Day with father. 10. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. Neither party may travel outside the continental United States without the written consent of the other parent. 11. Neither parent shall do anything which may estrange the children from the other party, or injury the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or affection for the other party. 12. The parties are encouraged to deviate from this schedule when the best interests of the children require them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 13. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. J. L~ \\,0').. q .. :e...e.. . ~ e..~f!) ~ lc.~\J . '{~,f,,-e. /~I 'tj;NV/-~}/)NN3d Il^II('.,~.n 1"1\" [""I'd:C;:;V'Jn:) 1\... '<I ",,)'.} ,; "", :'.- ,.. r" I ~ '1'1 I ,', ql:;l, ?o OS:Ulb, ...v::- AtN1U 1. JAMES GIBSON, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYL VANIA * VS. * NO. 02-2425 * JODI S. GIBSON, * CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, James Gibson, in the above captioned matter without prejudice. Date:~ , r L. Frechette, Esquire preme Court 1.0. Number 87445 PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, James Gibson, in the above captioned matter. Date:~ Qit- K1 Hubert X. Gilroy, Es . . " .~ 0 'fl (.0) ~ .-; T 1m -'0 ~;:'i~ iJ? ::(1 N .....'rr'J ~. '~y ..,.. ':)(.J...) "",C 1_.;:. -u t:::ij ~c :x )- c' ~ ~M :i>c .... :?: 0 ~ =< N -< Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 2425 CIVIL TERM JAMES GIBSON, vs. Defendant CIVIL ACTION-LAW IN CUSTODY JODI S. GIBSON, ANSWER TO COMPLAIINT WITH NEW MA TTEFt AND NOW, comes the Defendant, Jodi S. Gibson, by and through her attorney, Michael A. Scherer, Esquire, and respectfully responds to the Complaint as follows: 1. Denied. Plaintiff no longer resides in the marital residence. 2. - 8. Admitted. COUNT I: DIVORCE; 9. - 11. Admitted. COUNT II: DIVORCI; 12.-14. Admitted. COUNT III: EQUITABLE DISTRIBUTION 15.-16. Admitted. COUNT IV: CUSTODY 17.-19. Admitted. 20.-24. Denied. 25.-28. Admitted. NEW MATTER: ALIMONY 26. The plaintiffs income is substantially higher than the defendant's income. 27. The defendant was a stay-at-home mother prim to plaintiffs departure from the marital residence. 28. The defendant is in need of alimony from the plaintiff in order to maintain herself after the divorce and to have sufficient funds to maintain herself in accordance with the lifestyle she had during the marriage. WHEREFORE, defendant respectfully requests th~lt this Honorable Court order the plaintiff to pay her alimony in an appropriate amount and i~ccording to the Divorce Code. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: June q ,2004 JI4.~~. Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestlc\Glbson\complaint.answer ;\ JAMES GIBSON, vs. I I i JODI S. GIBSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 2425 CIVIL TERM Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Answer to Complaint with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. DATED: June C-1i~ .J4tM~ t/ Jodi S. Gibson I ,2004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 2425 CIVIL TERM JAMES GIBSON, vs. Defendant CIVIL ACTION-LAW IN CUSTODY JODI S. GIBSON, CERTIFICATE OF SERVICE I hereby certify that on June 9, 2004, I, Tina M. Ascani, of O'Brien, Baric & Scherer, did serve a copy of the Answer to Complaint with New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy BROUJOS & GILROY 4 North Hanover Street Carlisle, Pennsylvania 17013 ( kt:fJ( tL(1~ Tina M. Ascani, Secretary -~ 0 "" 0 c.::> c,'; c:;;. -n .L- C'_ .--l , . rtlp , c ..,".- n; CJ CJ , c:; -t"', "- ('~) rf1 ....~ " \_~ .- ...- --) -, 3301 (c).not Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERL~~D COUNTY, PENNSYL VANIA JAMES GIBSON, v : 02-2425 CIVIL TERM JODI S. GIBSON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of tht~ Divorce Code was filed on or about May 17, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about May 17, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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 . 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and corrlect. 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: ~~/t7:) c~J7?(< ~td~J ~/ JQPt S. GIBSONlDefendant t,/' (") "'-.J c: r:'::_":J Q C::::.) :::;'" <;.n oj -0 !"':.:.~ <.:.... -:-; .~./:":'- .:l.~ :t:r1 -. ~,;;:. rn~ - -0 [T1 " C':.:> ::'dCj I-:~. { C) I ".', ;:-;() - ., h - --I'! , ~.. ',~.? r1] -'.l. .-' ;.'f';-, -'. 9 ~_.) r ;:.-1 -'''; - ~.:....~ ~. ::':J ... C':.:> -'" JAMES GIBSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 2425 CIVIL JODI S. GIBSON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this If) ~?k.' \- {J day of ~il../ 2005, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated December 31, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geo cc: ~bert X. Gilroy Attorney for Plaintiff .~chael A. Scherer Attorney for Defendant '-! ~c (-) 03 -j <j ,05 , -' PROPERTY SETTLEMENT AGREEMENT 7d! TIDS IS AN Agreement made this ~ day of December, 2004, by and between James A. Gibson, (hereinafter referred to as Husband) and Jodi S. Gibson, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on September 30, 1995; and WHEREAS, various differences have arisen between Husband and Wife, whereby they bave been living separate and apart; and WHEREAS, Husband has commenced a divorce action against Wife docketed at No. 2002- 2425 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 fmal settlement of all of those rights and obligations under said Divorce Code. NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties 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. I ". 2 The parties jointly own Real Estate at 322 Cascade Road, Mechanicsburg, Pennsylvania. Husband will convey all of his interest in said real estate to Wife and, simultaneous with said conveyance, Wife will refinance the existing mortgage on the Real Estate in the approximate value of $130,000.00 into her own name and Wife shall assume said mortgage. 3 The parties own a Rental Property in Lemasters, Pennsylvania. Husband shall convey all of his Title and Interest in said Real Estate to Wife and, simultaneous to said conveyance, Wife shall refinance the existing mortgage on the Property which has a value of $80,000.00 such that Wife shall assume and be obligated for the mortgage. 4 Husband possesses a 401K Plan through his employment. Wife shall receive $5,000.00 from that Plan in the nature of a Qualified Domestic Relations Order (QDRO). The QDRO shall be prepared by Husband's Attorney for ultimate review and approval by Wife's Attorney and signature by the parties, after which it will be submitted to the Court for the entry of a Court Order. Pursuant to the Court Order, the $5,000.00 allocation shall be transferred into Wife's name. Wife waives any further claim with respect to the 401K Account of Husband. 5 The Spousal SupportlAPL obligation of Husband to Wife shall be terminated effective December 1, 2004. This termination shall not effect Husband's obligation for Child Support. Simultaneous with the termination of the Spousal SupportlAPL Order, an Alimony Order will be entered at the Cumberland County Domestic Relations Office pursuant to this agreement specifying Husband's obligation to pay Alimony to Wife commencing December 1, 2004 for a period of twelve months at $500.00 per month, and then continuing for a second twelve month period at the rate of $300.0 per month. The Alimony obligation may be termin,ated upon the death of either party or in the event that Wife would remarry or cohabitate. Never-the-Iess, the Alimony obligation shall terminate effective November 30, 2006. The Alimony payment obligation shall not be subject to modification for any change in circumstances of the parties. The alimony paid by husband to wife shall not be included in wife's income for the calculation of husband's child support obligation to wife. 6 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. 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 provisious ofthis 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 ofthis Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relier as may be available to him or her and the party breaching this Agreement shall be responsible , 7 The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Husband agrees to proceed with finalizing the divorce case. 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 ofits 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 ofthe 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 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. 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 !/?tfJ ~ 3301 (c).not Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JAMES GIBSON, v 02-2425 CIVIL TERM JODI S. GIBSON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on or about May 17,2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about May 17,2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. . 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. ~4904 relating to unsworn falsification to authorities. Date: 'L/t..5"'/O \ , I J J~ Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA JAMES GIBSON, v NO. 02 -2425 CIVIL Defendant CIVIL ACTION - LAW IN DIVORCE JODI S. GIBSON, 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 (X)3301(c) ()3301(d)(I) ofthe Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: May 17, 2002, First Class Certified Mail, Return Receipt Requested to Jodi S. Gibson 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 Plaintiff: February 25, 2005; Defendant: January 6, 2005. (b) (I) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date ofservice of the Plaintiff's affidavit upon the Defendant:_. 4. Related claims pending: None. 5. Complete either (a) (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: February 28, 2005 (c) Date Defendant's Waiver of Notice in ~3302(c) Divorce was filed with the Prothonotary: January 10,2005 ubert X. Gilr , Esquire Attorney for laintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, P A 17013 717-243-4574 .::+::. .::+::.' .::+::..::+::~.::+::.' -::.::.',::+;,-..::'+::;':.::+::.'H',::+::,:.:.::+::,' .::+::; .::+::; .::+::;;::+::. -::+::; .::+::.;::+::. ;::+::. '::+::"~"':'<.~.;'-'.~~';:X+::'::::::.::+;""'.:+::;:_ .::+::..>::+;.,: ,.::<<.~;:':,.::.::.,;};~ $-~--'--'" ~ ------~ -~----------~~~ ~ . ~ IN THE COURT OF COMMON PLEAS ~ 'i ,.-~ ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~i w ~.~ ,'~ ~ ~ ~l ~ ~.# ,'. , ~ ~i ~ ~.~ ~ ~.~ ~ '-' t~" ~ '-' f.'~ ~ ~ ~.~ ~ ~.~ ~.. ~ ;.'. ~ ~.# ~ ~.~ ~ ~.~ ~ ~.# ~ '.' ~ ~.# $ ~ '.' ~ ~ ~ '-' ~ ~ '.' ~ ~ ~ ! "1~JR~f' '~~rY J. : ~ ~ '...'. <:: ' ~ _~~-"" - ~_.,. ~".. .... ..v_.~ .... ....vv.. .' '" .,. ~ ~~~~----~~--~--------~~~~~~~-~. ~ '.' ~ '-' OF CUMBERLAND COUNTY ~ ~~. PENNA. <~~ ~ ~ '.' STATE OF ~! $ ~ '.' JAMES GIBS.oN ~ '.' .02 - 2425 No. , $ .PlatntHi ~\ $) ~ '-' V crSllS J.oDI s. GIBS.oN Defendant $ i ~ ~.. ~ '.' DECREE IN DIVORCE $ ~ '-' ~ y .'. $ AND NOW, ... .\(V1.~ ~.lr... z,i.......... tI. ?o~L,~ it is ordered and JAMES GIBS.oN I . t"ff ............. p am I , , . . . . . . . . . '. defendant, decreed that ~ ~.# f.'~ ~ ~ ~.~ and. . . . . . . . . . . . . . . J.oDI. S:. GIBSON. . . . . . . . . . . . . . . . are divorced from the bonds of matrimony. ~ '.' w. '.' The court retains iurisdiction of the following claims which hc]ve been raised of record in this action for which a final order has not yet been entered; ~ '-' ~ '.' $ Property Settlement Agreement dated December 31, 2.0.04 is . . . . . . . , w. '.' ,'~ ~ M ... n ~ By /" ~/'-?' b .'/. /1f!."}'nI r~il(.l .>1/ ~p f-p ..~ r:rvw ~.7a 5<7 l . 7 . jRECEIVED SEP 14 20d5ry JAMES A. GIBSON, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-2425 CIVIL TERM JODI S. GIBSON, Defendants : CIVIL ACTION-LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 2..\.:.1 day of S, p-1 _ ,2005, the Court issues this Order with the intention that it constitutes a Qualified Domestic Relations Order (QDRO) under Section 414(p) of the Internal Revenue Code, and said Order shall be interpreted and administered in conformity with such law. The following retirement plan dispositions are made in accordance with the following facts: 1. Plan participant and address: James A. Gibson, 511 Charleston Greene Malvern, P A 19355. 2. Participant's Date of Birth: December 16, 1965 3. Participant's Social Security Number: 044-70-1594 4. Alternate Payee's name and address: Jodi S. Gibson, 322 Cascade Road Mechanicsburg, PA 17055. 5. Alternate Payee's Date of Birth:August 25, 1965. 6. Alternate Payee's Social Security Number: 167-56-0572 7. Plan to which this Order applies: The Weidmuller, Inc. 401(K) Plan (Plan) owned by Plan Participant James A. Gibson, c/o Carol Troope, Human Resource Manager, 821 South Lake Blvd., Richmond, VA 23236. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. A portion of the Plan Participant's account under the aforementioned Plan is marital property subject to distribution by this Court. .~ '--~. ~ 1.J 11)<; Vir\i\l/\l.l, Qdt'J'=7 ~-I I 'Nri'''"':; ',~;C' ,::;~"'V, 1\.1. 'i 1',).,,1'" ":>:'_;~~: IJ B I :~ Hd I Z d3S SOOZ AH'rjl("""j", '~H1:J0 ' )"," \" 'U"'''\J -, ...... I'lVJ..1. '.J -l 381:!~O.ml!j .---- 2. $5,000.00 of the balance in the plan is awarded to the Alternate Payee, Jodi S. Gibson, to be distributed to the Alternate Payee in accordance with the Plan provisions. The Five Thousand Dollars ($5,000.00) awarded to the alternate payee shall be adjusted from investment gains and/or losses from December 31, 2004 to the date of distribution by applying the Plans' investment returns as determined by the Plan Administrator. 3. The Parties shall promptly submit this Order to the Plan Administrator for compliance with the terms hereof. 4. The Plan Administrator shall provide notification of the determination of the status of this Order as a Qualified Domestic Relations Order to the Plan Participant, the Alternate Payee and the Legal Counsel set forth below. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as may be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. BY THE COURT, , J. By: CONSENTED TO: ~ON Plaintiff and Plan Participant ~d 4~~o^-J . om s. GIB;ON Defendant and Alternate Payee tfW4rft ~hael A. Scherer, Esquire ~ Atto=y fO' ""',mla., ~o? O~.,..