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Home My WebLink About95-01850 ( ~ p j o l() CO - , L.() I 0- . o Z , . .:+:.".:+:.' .:+:. -':':-'-.:+:.-.:.:. -.:.:.'.:+:," .:<<..:+;. .:.t. .:.:. .:.;. .:+:. .:+:. .:+:. .:+:. .:+:.- .:+:. .:.:..:-::.:.:.::.:.:<:.:.>::...J:.;;.:4IX:.:.:....:.:..~.:.>::.:.X:,,~ .', -- lil ~ ~ ~ ~ f; ;': ^ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ OF CUMBERLAND COUNTY S ~ ~ ; ~ ~ ':,J., STATE OF ~~. PENNA, : ~~ w ~ ~ ~ ,'~ ~ , ... "'. .. w. ',' ALICE M. GEBHART, ."""" II N (), ,~,~"""""" "" 1"8,~,~""",, 19 95 CIVIL TERM .', ~ ~ ~.~ Plaintiff I " VlQ'SUS ~ ~.~ ~ ',' .J?ONALD E.. GEBHART, Defendant ,I i .. w. ',' ,- w. ~.' .', ~ ., ~ ~ ~.~ DECREE IN DIVORCE ~ i~ ~ :.~ ~ e " M ~ ~ w. :': ~ ... ~ .. " AND NOW, ..~';19,~~~.. ,',Q....,.. ......., 19 ..~?". It Is ordered and decreed that" ~,~~C;:~, ,t-!:, 9,e,~~~~,~", "" """"""""".,. plaintiff, and, " , ,1:!~J;I!l,l,~,~:, ,q~\J~,a.J;~" , " , " ,," " " , ,', .' "" , " , ,'. 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; , , ,~,~~7:, " ,~~~, ,~~~~,'::"!t;!~,t, ,t;~~~,,,!~t;!?, ,~~, ~,n,q ,~~,t,"IE;!li!,>~IJ~, p'ip;!;,i,t111, , , '" =;~f~i;<!~~~'~e~:~'~ ,t~, ,'1'!;-~P.Y. '~!1p,~J;P?.r'~~:YJ? ,~I)j!?, ,91)<;1, Jl19Q~, p'iP;!:. , I DY~~rl: ^".",-""",,,,11 ''f;<<% ~~,v~J 4 . ~A27j"~ J ~i ~'~.:l1't:7.. ~J:? . . ~ ' ~)Ihonolnry " ~ ~ ~ 1ii f.~ M ,~ i :.~ e I' ~ ~..0'~ . . - . . ~ . ....... . ..._. , . . . . . , . . , . ,., '" - I ~ ~~**~~--*~*~***~~.~*** ~:; " ~ ~ ~ / $ ~ :' ~ ~~ .', ~ ~ :; ~ ~ ,;; " ~ .'. i!l " .. ~ w ~.~ ~ '.~ *- ~.f ~ ',' w ',' w ',' ~ ~ ',' ~', * .', ~ ~ ',' s ~ ',' ~ L ~ ~ " . ~ AGREEMENT THIS AGREEMENT made this 5th day of May, 1995, by and between ALICE M. GEBHART of 1101 Lindham Court, Apt. 509, Mechanicsburg, PA 17055, (hereinafter referred to as "Wife"), and DONALD E. GEBHART of 80 White Oak Lane, Etters, PA 17319 (herein- after referred to as "Husband"), WITNESSETH THAT: WHEREAS, the parties hereto were lawfully married on May 30, 1981 in Harrisburg, Pennsylvania; WHEREAS, no children were born of this marriage; WHEREAS, differences have arisen between the parties hereto in consequence of which they have been separate and apart from each other since March 4, 1995; WHEREAS, on or about April 11, 1995, an action for divorce was filed by Wife to No, 95-1850 before the Cumberland County Court of Common Pleas; and WHEREAS, the partie~ hereto desire to settle and determine their property and marital rights and obligations, inclUding rights to Equitable Distribution of Marital Property, Alimony, Alimony Pendente Lite, Support, Attorneys' Fees, cost and expenses and all rights and obligations arising out of their marital relationship. NOW, THEREFORE, the parties, intending to be legally bound hereby, do covenant and agree 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 as he or she may from time to time choose or deem fit, The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2, INTERFERENCE: Each party shall be free from inter- ference, authority, and 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, 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not contracted or incurred and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of obligations incurred by her. 4, HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not contracted or incurred and in the future he will not contract or incur any debt or - 2 - . . ., liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him, 5. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except for: (a) any or all cause or causes of action for divorce; and (b) any or all causes of action for breach of any provisions of this Agreement, 6, HOUSEHOLD GOODS AND TANGIBLE PERSONAL PROPERTY: Husband does hereby transfer, assign and set over to Wife all of his right, title and interest in and to all household goods and tangible personal property listed on Exhibit "A" hereto, Except as provided below, Wife agrees to remove all of the items listed on Exhibit "A" by May 15, 1995, or within two weeks after execution of this agreement, whichever date is later, Wife does hereby transfer, assign and set over to Husband all of her right, title and interest in and to all household goods and tangible personal property not listed on Exhibit "A", and which will be - 3 - . . ~ . , remain at the marital home, Any household goods or tangible personal property not otherwise specifically provided for herein is hereby transferred, assigned and set over to the party in possession of said property as of the date of this Agreement, Notwithstanding the foregoing provisions, ownership of the washer and dryer, and the freezer located in the garage of the marital home,is hereby transferred, assigned and set over to Wife and physical possession of these items will be transferred to Wife upon final settlement on the marital home, Wife and Husband shall equally divide the proceeds of the sale of the water softener system currently located at the marital home, 7, AUTOMOBILES: Husband agrees to and has transferred to Wife all his right, title and interest, whatever it may be, in a 1991 Honda Civic LX currently titled in the name of Wife. Wife agrees to and has transferred to Husband all her right, title and interest, whatever it may be, in a 1991 Honda Accord Stationwagon currently titled in the name of Husband, Husband shall be solely responsible for any and all remaining payments that are due with respect to the 1991 Honda Accord Stationwagon, and agrees to indemnify and hold Wife harmless from any and all liability with respect to such automobile or the debt that is owed for the purchase of such automobile, - 4 - . 8, BANK ACCOUNTS: (a) Husband does hereby transfer, assign and set over to Wife any and all bank, savings and loan association, credit union or similar financial institution accounts currently main- tained in the name of Wife alone, in addition to that account which was maintained in their joint names at PSECU, which has been changed into the name of Wife alone. (b) Wife does hereby transfer, assign and set over to Husband all of her right, title and interest, if any, in any bank, savings and loan association, credit union or similar financial institution accounts currently maintained in the name of Husband alone, 9, INTEREST IN RETIREMENT PLANS: (a) Husband is a participant in the Harrisburg police Retirement Plan A ("Husband's Retirement Plan") held and administered by the Pennsylvania Municipal Retirement System, Husband is entitled to an annual retirement benefit based on his salary and years of service, Also, Husband makes personal contributions to Husband's Retirement Plan. subject to the provisions set forth in Paragraph ll(a) below, Wife agrees that any and all of Husband's interest in Husband's Retirement Plan, including the value or balance of Husband's contributions in said Husband's Retirement Plan, shall be and remain the property of Husband, and Wife does hereby transfer, assign, set over and - 5 - release to Husband any and all of her right, title and interest in and to said Husband's Retirement Plan, (b) Wife is a participant in a retirement and 401(k) plan with her employer, McNees, Wallace & Nurick ("Wife'S Retirement Plan"), Husband agrees that the value of Wife's Retirement Plan shall be and remain the property of Wife, and Husband does hereby transfer, assign, set over and release to Wife any and all of his right, title and interest in and to Wife's Retirement Plan, and in and to any and all other retirement benefits Wife may have with her current employer, McNees, Wallace & Nurick, including but not limited to the Post- 75 Account into which her employer contributes, Husband hereby agrees to execute a Beneficiary Designation Change form provided by Wife, as evidence of his consent to the above transfer and assignment, 10, INTEREST IN ACCUMULATED SICK LEAVE BENEFIT FROM THE CITY OF HARRISBURG POLICE DEPARTMENT: Upon retirement from or termination of employment with the City of Harrisburg Police Department, Husband is currently entitled to payment for any unused accumulated sick pay up to and including 220 days, Subject to the provisions set forth in Paragraph 11(b) below, Wife does hereby transfer, assign, set over and release to Husband any and all of her right, title and interest in such sick pay, - 6 - 11, CASH PAYMENT AND INSTALLMENT PAYMENTS TO WIFE: (a) In recognition of Wife's interest in Husband's Retirement Plan, Husband agrees to pay to Wife, as equitable distribution, the sum of $6,000,00, The above sum shall be paid out of Husband's interest in the net proceeds of the final settlement of the marital home as described in Paragraph 12 below, In the event the net proceeds payable to Husband under Paragraph 12(c) below are less than the above amount, Husband shall pay the balance in twenty-four (24) monthly installments with interest at rate of eight percent (8%) per annum, commencing from the date of final settlement on the marital home, The first of such payments shall be paid to Wife within thirty (30) days of closing on the sale of the marital home. Nothing contained herein shall prohibit Husband, at his sole option, from paying the balance of the amount due hereunder earlier to end the running of interest, (b) At such time and to the extent that Husband receives payment from the City of Harrisburg, Police Department as a buy-back of his accumulated sick pay, and not as a salary continuation during a period of genuine illness, disability, or incapacitation, whether in a lump sum or in the form of a bi- weekly or other periodic payment, Husband shall, at the time and in the manner set forth below, pay to Wife, as equitable distribution, an amount equal to 30% of the payment received by - 7 - Husband for such accumulated sick pay net of any mandatory payment reductions by the City of Harrisburg, including, but not limited to, union dues and pension contributions, if required, and net of all governmentally mandated taxes, including municipal, state and federal taxes thereon calculated at the highest marginal rate or rates actually paid by Husband as a result of receiving the accumulated sick payments during the year in which the payments were received, The amount payable hereunder shall be paid as follows I (i) 80% of the 30% net amount actually distributed to Husband by the City of Harrisburg for the sick payments shall be paid to Wife within fifteen (15) days of receipt of such payment by Husband; (ii) The remaining 20% of the 30% net amount actually received by Husband for the accumulated sick pay shall be held in an interest-bearing escrow account or certificate of deposit, which account or certificate of deposit requires the signatures of both Husband and Wife in order to withdraw from said account or cash in said certificate of deposit; (iii) The remaining balance, if any, including any prorated interest attributed thereto, which accrued under the escrow account or certificate of deposit, that is payable under the foregoing formula, shall then - 8 - be paid to Wife promptly upon determination (a copy of which shall be provided to Wife) of the exact amount owed to her at the close of the tax year and in no event later than April 15 of the year following receipt by Husband of the accumulated sick payments; (iv) The parties intend that Wife shall receive 30% of the net value of the 220 accumulated sick days under the foregoing formula, unless some portion of the 220 days is used by Husband because of periods of genuine illness, disability, or incapacitation of Husband, In the event there are less than 220 days remaining to be bought back by the City of Harrisburg Police Department as a result of Husband's genuine illness, disability or incapacitation, then Wife shall not receive any benefit for those days taken as a result of such genuine illness, disability or incapacitation, (v) In the event a dispute arises as to whether or not Husband was genuinely ill, disabled or incapacitated for a sick day that reduces the total accumulated sick days below 220, then Wife reserves the right to request a certification from a qualified medical doctor as to whether or not Husband was genuinely ill, disabled or incapacitated, If some - 9 - portion of the 220 days of sick leave is used for periods when a qualified medical doctor does not certify that Husband was genuinely ill, disabled or incapacitated and Wife does not waive, in writing, her right to payment of such sick leave, then Wife shall be entitled to her 30% interest under the formula set forth above and Husband shall be obligated to pay such sum to Wife upon demand by her in accordance with the above provisions (i)-(iii), 12, REAL ESTATE: The parties presently own, as tenants by the entireties, that certain parcel of real estate on which is constructed the marital home located at 80 White Oak Lane, Etters, Newberry Township, York County, Pennsylvania, Since separation, Husband has continued to reside at the jointly-owned residence of the parties, The following provisions shall apply to the said real estate: (a) The marital home has been listed for sale with Jack Gaughen Realtor. Husband shall be entitled to exclusive possession of the marital home until final settlement on the sale of the marital home, and shall have no obligation to pay rent to Wife during such time, So long as no other person, outside the lines of consanguinity, occupies the marital home with Husband, for which Husband receives monetary compensation, Wife shall contribute the sum of $300,00 per month to Husband to assist with - 10 - i , l " payment of the first and second mortgage on the marital home. If final settlement on the sale of the marital home does not occur by August 1, 1995, Wife's obligation to contribute to the payment of the first and second mortgages shall be reduced to $250,00 per month, If the final settlement on the sale of the marital home does not occur by January 1/ 1996/ Wife's obligation hereunder shall be reduced to $200,00 per month, and shall continue at such amount until as the final settlement on the sale of the marital home, Until the final settlement on the sale of the marital home, Husband shall be responsible for sending in the payments, which are combined with Wife's contributions as described above, on the first and second mortgages, real estate taxes, homeowners' insurance and utility bills relating to the marital home. It is understood between the parties hereto that the real estate taxes and homeowners' insurance applicable to the marital home are paid under and through the first mortgage payment, Wife and Husband shall be entitled to deduct on their Federal income tax returns, a prorata share of the interest payments and real estate taxes that each paid based on their individual contributions to the first and second mortgage payments, Husband shall perform ordinary maintenance to the marital home, including cutting of grass and vegetation and removal of snow, Any extraordinary maintenance necessary to maintain the marital home shall be performed by Husband and the - 11 - cost of the same shall be split between the parties, at an amount mutually agreeable to both parties hereto, However, Husband shall use his best efforts to keep the cost of any such extraordinary maintenance to a minimum, In the event anyone, outside the lines of consanguinity, occupies the marital home with Husband, for which Husband receives monetary compensation, then Wife's obligation to make the contributions, as described above, shall immediately cease, In addition, Wife's obligation to make the above described contributions, shall terminate upon the final settlement on the sale of the marital home, Husband shall use his best efforts to keep the marital home in presentable condition in order to sell said home, (b) Upon the final settlement on the sale of the marital home, the following shall first be paid from the sale proceeds: (1) All of the Sellers' costs of sale, including Sellers' transfer taxes and the broker's commission; (2) Any unpaid real estate taxes that must be paid by the Sellers at closing; (3) The balance of the first mortgage to Mellon Mortgage Company; (4) The balance of the second mortgage with Mellon Bank, N,A, - 12 - (c) The remaining net proceeds from the sale of the marital home after deducting the payments set forth in (b) above shall be divided equally between tIle parties heretoj however, Husband's share up to the amount set forth in Paragraph 11(a) above shall be paid over to Wife as a credit against the balance owing under Husbaad's obligation under Paragraph 11 (a) above, Any amount of Husband's share in excess of Husband's obligation under Paragraph 11(a) above shall be paid to Husband, Any contribution toward the first and second mortgage required by Wife, but not paid to Husband, as set forth in Paragraph 12(a) above, shall be deducted from Wife's portion of the distribution of net proceeds and paid over to Husband, Nothing in this Paragraph shall be construed to excuse Wife's obligation to make mandated contributions as set forth in Paragraph 12(a) above. (d) Any refund of any balance in the escrow account held by Mellon Mortgage Company for the payment of the real estate taxes and homeowner's insurance shall be divided equally between the parties hereto, unless the balance in the escrow account is credited against the payoff of the first mortgage, Also, if there is a refund from Erie Insurance Group for the cancellation of the homeowners' insurance held on the marital home after the sale, such refund shall be divided equally between the parties hereto, - 13 - 13, INTEREST IN GEBHART'S PHOTOGRAPHY: Wife does hereby transfer, assign, set over and release to Husband any and all of her right, title and interest Husband's photography business known as Gebhart's Photography, except the camera and lens as listed on Exhibit "A", 14. r,IFE INSURANCE POLICIES: (a) Husband does hereby transfer, assign, set over and release to Wife all of his right, title and interest in and to any and all life insurance policies held by Wife, (b) Wife does hereby transfer, assign, set over and release to Husband all of her right, title and interest in and to any and all life insurance policies held by Husband, 15. CREDIT CARD OBLIGATIONS: (a) Husband shall be solely responsible for payment of any and all obligations on credit cards in his name and hereby agrees to indemnify and hold Wife harmless from any obligations with respect to said credit card debts, (b) Wife shall be solely responsible for payment of any and all obligations on credit cards in her name and hereby agrees to indemnify and save Husband harmless from any obligations with respect to said credit cards debts. 16, ATTORNEYS FEES AND EXPENSES: Each party shall be solely responsible for payment of his or her own attorneys' fees, costs and expenses, - 14 - 17. MEDICAL INSURANCE COVERAGE: Wife shall continue to be covered by Husband's health insurance until a divorce decree is entered, After the entry of a divorce decree, Wife shall be solely responsible for her own medical insurance coverage and Husband shall be solely responsible for hls own medical insurance coverage, Husband shall turn over to Wife any reimbursement checks received from the major medical insurance coverage for medical services provided to and paid by Wife, 18. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 19, DIVORCE: Nothing herein contained shall be deemed to prevent the parties from proceeding for absolute divorce against - 15 - the other in the said Court, and the parties agree to obtain a No-fault Divorce pursuant to Section 201(c) of the Divorce Code. Affidavits of Consent to a 201(c) divorce shall be signed by both parties promptly after the expiration of the period of ninety days from the date of filing of such action, 20, BREACH: 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 contract should be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, 21, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect are fully understood by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily with full disclosure of assets, and that it is not the result of any duress or undue influence, 22. ENTIRE AGREEMENT: 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, 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only - 16 - if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon 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. 24. ACCEPTANCE BY PARTIES: Husband and Wife accept this Agreement in lieu of and in full and final settlement and satis- faction of all claims and demands that he or she may now or hereafter have against the other for support and maintenance, for alimony, alimony pendente lite, counsel fees, costs and expenses or any other charge of any nature whatsoever. 25, REVIEW BY COUNSEL: Husband and Wife acknowledge that the terms and provisions of this Agreement have been reviewed by their respective counsel and the Agreement is being executed upon advice of and after consultation with counsel, 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 27, INCORPORATION OF AGREEMENT INTO DIVORCE DECREE: Should either of the parties obtain a decree in divorce in any court of competent jurisdiction, the parties agree that the provisions of this Agreement may be incorporated into and made part of said divorce decree and shall be enforceable by court order, - 17 - IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, .. I I WITNESS: I} L(LA_.~ /~.lA I _/~. '- 7...1t lr? ..- o .(,-\Q,:, < '" )~~ be (e."" (SEAL) ~~:t \ - ~\\('V'~EAL) Donald E. Gebhart . APPROVED: d:tr.; ~/, /~-a:}~ , Bruce D, Fe e an, Counsel for Husband (SEAL) - 18 - " EXHIBIT "A" Pursuant to Paragraph 6/ Husband shall turn over to Wife the following I Dining room set: table, 6 chairs, server/ chine closet (2 pieces) Chandelier in dining room Dresser from the new oak bedroom suite Miscellaneous garden tools Miscellaneous hand tools, including an extension cord 2 Sears sleeping bags Older hiking day pack Wife's hiking boots Coleman camping stove with propane Milk crate with the camping pots & pans, and plastic dishes Smaller camping tents Beach chairs (two) Metal step ladder Miscellaneous videos and Audio tapes Miscellaneous Christmas decorations 3 wrought iron outdoor plant hangers, 1 hose hanger, 1 triangle Miscellaneous sewing supplies from the attic 4 Kinchlor floral pictures in hallway One of the street scene oil paintings Miscellaneous pieces of the Christmas china set Silver dishes in server Freezer in garage (Wife to get possession of the freezer upon the final settlement on the sale of the marital home) Baskets in garage or attic Miscellaneous picnic items located in laundry Two of the white outdoor chairs Outdoor grill Miscellaneous craft items that are now located in the garage of the marital home Cedar chest and her summer clothes located therein Various warranties and office supplies located in desk in the office room 3 pictures that were in Wife's office, that are now located in the basement/studio of the marital home One Ricoh 35 mm camera and lens One set of oil lamps Old mower in garage Corner sewing table in garage Clothes line thing out on the deck Washer and dryer (Wife to get possession of the washer and dryer upon the final settlement on the marital home) - 19 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1850 CIVIL 1995 ALICE M. GEBHART, Plaintiff vs. DONALD E. GEBHART, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: ,J~(jl irretrievable breakdown under Section (JIl(c)) 1. Ground for divorce: ~ (J8l(d) (It of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: certified mail, restricted delivery, return receipt requested on April 12, 1995. Complaint received and signed for by Defendant on April 15, 1995. 3. (Complete either paragraph (a) or (b).) Proof of Service filed April 1B, (a) Date of execution of the affidavit of consent required by Section 1995. 33/)1 .(c) of the Divorce Code: by the plaintiff July 2B, 1995 by defendant July 27, 1995 (b) (1) Date of execution of the plaintiff's affidavit required by 3~bl Section _(d) of the Divorce Code: N/A (2) Date of service of the plaintiff's affidavit upon the defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file 3.J (;1 praecipe to transmit record, and attach a copy of said notice under section 3It (d) (1) (i) of the Divorce Code. N/ A Dolano M, I.ilntz McNeos, Wallilcc & Nurick 100 pino street, Harrisburg, PA ....~ ";. " ., U"> rr> ,~ " ITl "J -..1' - r-; ,., ::-.> ., , -.:. ,,..., , .' . . . . . ' ALICE M, GEBHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, fi ~- - - /<;:;50 O'LlL~L.jLvl"'--' v. DONALD E, GEBHART, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the CUmberland County Courthouse, Carlisle, PA 17101- IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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, Court Administrator 4th Floor - Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud, Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte, Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion . . . . . ' . , reclamados por el demandante, Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted, Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial, Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, pennsylvania, SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS, USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONOE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator 4th Floor - Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 /') MCNE/S/WALLACE & By / i ./v1~t,,1 Delano M, Lantz, I. 0, #21401 100 pine Street p,O, Box 1166 Harrisburg, PA (717) 232-8000 ---- .{~ 17108-1166 Attorneys for Plaintiff - 2 - v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 'I, - fIl I r)1) Cu.~(j /.i,..3.9'95- ALICE M. GEBHART, Plaintiff DONALD E. GEBHART, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301101 OR SECTION 33011dl OP THE DIVORCE CODE 1. Plaintiff is Alice M. Gebhart, who currently resides at 1101 Lindham court, Apartment 509, Mechanicsburg, Cumberland county, Pennsylvania, 17055 since March 4, 1995. 2. Defendant is Donald E. Gebhart, who currently resides at 80 white Oak Lane, Etters, York County, Pennsylvania, 17319, since July 1, 1994. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 30, 1981 at Harrisburg, Pennsylvania, Dauphin County. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. s. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests the Court to enter a decree ot divorce under section 3301(C) or 3301(d) of the Divorce Code. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. " -\\ \' . I I r \ /' j'l ) _ \, ',,:, ,-, I' \- (Plaintiff) Dated: April '-I ' 1995 McNEES 61LLACE & NORI By 'A/ ';/"<tf )0. De ano M. Lantz, I. D. #21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff - 2 - ~ !f: = ~'" '0 ,..., I.. -c; \ - 'I \r) '\0 \j) -CJ \,--) :0 1\1 .......... -.....::. ,.J ...., ~ ~ .......... ,~_. , ) ~. c" - -- ~ ~ ~ - 'B, -..s '"'1{ <V') rn - - -..l l" , -.. ~ "\!. ')j~ 't:J <~J '" d... I.) "'.-..c: ,; l .~ , , ALICE M. GEBHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-1850 CIVIL TERM v, DONALD E. GEBHART, Defendant IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in the above matter was served on the Defendant, Donald E, Gebhart, by certified mail, restricted delivery, return receipt requested on April 12, 1995, The letter was received and Aigned for by the Defendant on April 15, 1995, A copy of the letter transmitting the Complaint is attached hereto as Exhibit A, The original of the return receipt is attached hereto as Exhibit B. McNEES, W LACE & NURICK Gd,luv.1 ano M. Lantz I.D, No, 21401 100 pine Street p, 0, Box 1166 Harrisburg, PA 17108-1166 (717) 237-5348 By )v; , Attorneys for Plaintiff Dated: April ,1, 1995 , , , " MUCI: D. MOUY 11JWIV ft.-=eaun H.N4 ft.ICMn'OH."". DIC~_ ~M.Ot[AA't MJJAN A. OttsHUTT a.\VID.. ~ty ~A.DOCTACM' Il..IZ.AKTlotA.OOUC>>itmY ......... tAUO<N'" ...- ~ """ PlW<:Ie.. KMS.JR. w....IUTJr1 JAMOUfC.AU -..- o..YION,1'lLU'P'lHO(R ~A.u.IIUlSI'.t5,JA .""'\ '.-..., McNEES, WALLACE & NURICK ATTORNEYS AT LAW DQ.AHO N. LAHn """""""U7MA 0,..'-"0':' LD4~ C1. YDC w WdHTYAt "RAH~HA.....u.JA 1OClll<m~""" 1Ttf'H[NAIoIOClAC H[R8OIT A N!.IRIOt "IOHNa.O'rUII TINOTHY J .-ns ffA QMy A. IItTTP t[lIWNIDW.AOTHNAH ~lJTtvlHSlCACUlO JK:lB[RI'D,1Ttl1 ~",IT['I,'[H5(lH DWolt N, TCI'.Nt$It'f' 000 PONt STRttT P. O. BOX Ilea HARRISBURG, PA /10oe'II"" T"'''''''''.'7l71 Z32'eooo FAll 17171 Z37-5JOO DA....D N .Am.J" 11'l"4H,J.'IIl'(JHCWntN Nu.L I. WtlT ~I.IIII'H"[ I.Alll'II:HCt ft. 'MtDVt GAIn' ,., \'tNM(MSIQ MIJ,lANN.'f'OUNO,JIf " c:n.oen AOetRT H. 0AaW0.D SN<<JO. A. 1CHAt~, """ tRIC N. ATHEY o...YIDN,1lAolWt ..KlHAlltNlc.KJWft 8AETT D. ()ot.'o"I5 .JNI[5 po, OIAHOD.O ~".DOUOHDnY MnnUHA.Ol./NlT RCeVn' J.OODVfO April 12, 1995 Mr, Donald E, Gebhart 80 White Oak Lane Etters, PA 17319 IlCOTl '" ClCWl P. HCHClI.H Ql.WfNt5CHrw ~O_HMS ......,..,.~ OONALO.. KA.l.W"'l.of.H ~...~ "lltA'.~t .JAIolt,SW,..un ~C,~ PArfIIOtJ.~ lIWo"OH...'"MTOH OiUOHQH,~ .X)HATlfNof H. AUDO MUCI: ft. PClR CoWll. ~ ITtIIOOUR CATHDlHtLWo'I.TtRS IXIRCM p, WlUWreOH CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REOUESTED In re: Gebhart v, Gebhart No. 95 1850 Civil Term Cumberland County Court of Common Pleas Dear Mr. Gebhart: Enclosed and served upon you is a certified copy of the Complaint in Divorce Under Section 3301(c) or 3301(d) which was filed of record in the Office of the Prothonotary, Cumberland County Court of Common Pleas on April 11, 1995, Enclosure Very truly yours, ~ 91. t-rL Betsy A. Ruth Litigation Paralegal _ J;XlIIBI'r "^" _ , . ~ '" .... t;>>- _,h 1..,1 ~~ -(,'f ~;.,:;-..,,,,. \.... ~I '0' ~r . I; f' ~ .. '1' "'--... ".\ I "~ :,.;..: I';:.ll"'-J ,::,J;'''' -, ~~\ - ::- -. - <:0 - n: a.. ""'" '. .. McNE>:S, WALLACI: '" NURICi( 100 rlNr !ITrU:r:T ".0, ."'u lua "AnnHIPlutO, PA 17100 " ' .. . II . ALICE M, GEBHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1850 CIVIL TERM v. DONALD E, GEBHART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 11, 1995. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final decree of divorce, 4, I understand that I may lose rights concerning alimony, alimony pendente lite, division of property, lawyers' 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, ~4904 relating to unsworn falsification to authorities, ~Q l'r n iy\. c:;.obt..., *- AL1cE M, GEBHART, Plaintiff Date: July 28 , 1995 t,., 0-; ~ -- OJ Q': I. ~ -=r . - ~, =:, " """ . . .. Po O. .0. "" "HARR'IIURa, ~A 17108 ALICE M, GEBHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-1850 CIVIL TERM v, DONALD E, GEBHART, Defendant IN DIVORCE AFFIDAVIT OF CONS~HI 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April II, 1995, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint, 3, I consent to the entry of a final decree of divorce, 4, I understand that I may lose rights concerning alimony, alimony pendente lite, division of property, lawyers' 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, ~4904 relating to unsworn falsification to authorities, c~~ Defendant Date: \~~ 2'7 , 1995 U"'> en , '" '" -:r - c., ~ _.':" ',.'-,., ,', C::>o . r.. . 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