The URL can be used to link to this page

Home My WebLink About02-3985THOMAS W. GERHOLD, IN 'IHE COURT OF COMMON PLEAS OF Plaintiff SHERRY A. GERHOLD, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA ._ CIVIL ACTION - LAW : 2002 - CIVIL TERM : : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSEl,lNG AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~'~ ~-O ~O '-L THOMAS W. GERHOLD, IN THE COURT OF COMMON PLEAS OF Plaintiff SHERRY A. GERHOLD, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ._ 2002 - 3~/6) 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 in divorce or annulment may he 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 divome is indignities or irretn.'evable breakdown of the marriage, you may request marriage counseling. A list of mamage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 THOMAS W. GERHOLD, Plaintiff SHERRY A. GERHOLD, Defendant IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2002 - CIVIL TERM : : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the Plaintiff, Thomas W. Gerhold, by his attomey, Marcus A. McKnight, B/, Esquire, and files this Complaint in Divorce against defendant, Sherry A. Gerhold, representing as follows: 1. The Plaintiff is Thomas W. Gerhold, an adult individual residing at 52 Montsera Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Sherry A. Gerhold, an adult individual residing at 878 South River Road, Halifax, Pennsylvania 17032. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on August 23, 1987, in Dauphin County, Pennsylvania and separated on November 1, 2000. There have been no prior actions of divome or for annulment between the parties. There were two children bom to this marriage, namely Sasha N. Gerhold, bom January 21, 1987, and Cody J. Gerhold, bom December 27, 1988. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. VOtEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Date: August 20, 2002 By: Respectfully submitted, IRWIN, Mci{NIGHT & HUGHES arcus A. Mcl~lal~ght, 1~I, Esqmre Attorney for Plai~ff ~ 60 West Pomfret St~ Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. "THOMAS W. GERHO~'I~ Date: August 20, 2002 THOMAS W. GERHOLD, Plaintiff SHERRY A. GERHOLD, Defendant : IN THE COURT OF COMMON PLEAS OF _. : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2002 - CIVIL TERM : : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly swom according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. THOMAS W. GERHOLD, : IN THE COURT OF COMMON PLEAS OF Plaintiff SHERRY A. GERHOLD, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW : 2002 -3985 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Sherry A. Gerhold, on August 24, 2002, by certified, restricted delivery mail, addressed to her at 878 South River Road, Halifax, Pennsylvania 17032, with Return Receipt Number 7001 2510 0009 2828 3817. hereof. 3. That the said receipt for certified mail is signed and attached hereto and made a part I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18~,a. C. S. SectiOn4904, relating to nnsworn falsification to authorities. Date: August 27, 2002 Attorney for ru ~° SHERFY A G~RHOLD r%~,~rH''~IvER -ROAD ................................... o° ..................................... · Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: MS SHERRY A GERHOLD 878 SOUTH RIVER ROAD HALIFAX PA 17032 D. Is de~iveq~ a [] Yes If YES, eflter delivery address betow: [] No 3. Service Type {~ Cer~lflad Mail [] Reg~terad [] Exp~'ea8 Mail [~ Return Receipt for MerChandise 2, Article Number (Transfer from service labe~, 7001 2510 0009 2828 3817 PS Form 3811, Mamh 2001 Domestic Return Receipt 102595-01-M-1424 THOMAS W. GERHOLD, Plaintiff vs. SHERRY A. GERHOLD, Defendant NOTICE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 2002-3985 : IN DIVORCE TO DEFEND 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 counselors is available in the Office of the list of marriage Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AI~NULMENT 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 CA1XrNOT AFFORD ()NE, 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 PA 17013 717-249-3166 ?HOMAS W. GEP~HOLD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : : CIVIL ACTION SHERRY A. GERHOLD, : NO. 2002-3985 Defendant : IN DIVORCE ANSWER AND NOW COMES the attorney, Dissinger and Dissinger, files respectfully represents that: Admitted. Admitted. Admitted. 1987. married August 23, Admitted. Admitted. 7. Admitted. 8. Denied. whether or not Defendant, Sherry A. Gerhold, by her the following Answer and Denied. It is denied the parties were married on August 23, By way of further answer it is averred that the parties were 1986. Defendant is without sufficient knowledge as to the Plaintiff has been advised of the availability of counseling and therefore the same is denied and proof thereof is demanded at time of hearing. Plaintiff/Counter-Defendant is directed to answer the following ~ounterclaim within twenty (20) days, or suffer possible default. COUNTERCLAIM Defendant/Counter-Plaintiff avers byway of counterclaim: COUNT I Request for Equitable Distribution of Marital Property Under 3104 and 3502(a) of the Divorce Code The prior paragraphs of this Answer are incorporated herein by reference thereto. 10. Plaintiff/Counter-Defendant have acquired personal property, 11. Plaintiff/Counter-Defendant have been unable to agree as to property. Defendant/Counter-Plaintiff distribute the property. and Defendant/Counter-Plaintiff during their marriage. and Defendant/Counter-Plaintiff an equitable distribution of said requests the court to equitably COUNT II Request for Alimony Pendente Lite and Alimony under 3104, 3701, 3702 and 3704 of the Divorce Code 12. The prior paragraphs of this Answer are incorporated herein by reference thereto. 13. Defendant/Counter-Plaintiff is unable to sustain herself during the course of litigation. 14. Defendant/Counter-Plaintiff lacks sufficient property to )rovide for her reasonable needs and is unable to sustain herself ~hrough appropriate employment. 15. Defendant/Counter-Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code. COUNT III Request for Counsel Fees, Costs and E~enses Under 3104 and 3502(a) of the Divorce Code 16. The prior paragraphs of this Answer are incorporated herein by reference thereto. 17. Defendant/Counter-Plaintiff has employed Mary A. Etter Dissinger, Esquire, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 18. Defendant/Counter-Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff/Counter-Defendant is more than able to pay them. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Defendant/ Counter-Plaintiff requests that, after final hearing, the Court order Plaintiff/Counter-Defendant to pay Defendant/ Counter-Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant/Counter-Plaintiff demands: That an Order be entered distributing all of the property, as the Court may deem equitable and just, plus costs; That the Court enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code, and That pursuant to 3104 and 3502(a) of the Divorce Code, the Court enter an Order directing Plaintiff/Counter-Defendant to pay Defendant/Counter-Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Submitted: DISSINGERAND DISSINGER By: Mary A/ Etter Dissinger Attorney for Defendant Supreme Court ID # 27736 400 South State Road Marysville, PA 17053 717-957-3474 VERIFICATION I, Sherry A. Gerhold, verify that the statements made in the foregoing Answer and Counterclaim are true and correct. I anderstand that false statements herein are made subject to the .Denalties of 18 Pa.C.S. §4904, relating to unsworn falsification to ~uthorities. Sherry A. Gerhold PHOMAS W. GERHOLD, : IN THE: COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : : CIVIL ACTION EHERRY A. GERHOLD, : NO. 2002-3985 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of 5he foregoing Answer and Counterclaim has been duly served upon Marcus A. McKnight, III, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: Marcus A. McKnight, III 60 West Pomfret Street Carlisle, PA 17013 Date- Mary ~. Etter Dissinger~ Attorney for Defendant THOMAS W. GERHOLD, Plaintiff SHERRY A. GERHOLD, Defendant IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA -_ CIVIL ACTION - LAW : 2002 -3985 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 20, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry ora final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Defendant THOMAS W. GERHOLD, Plaintiff SHERRY A. GERHOLD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW : 2002-3985 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final Decree of Divorce without notice. 2. I understand that ! may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that 1 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: Defendant THOMAS W. GERHOLD, Plaintiff SHERRY A. GERHOLD, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION ~ LAW : 2002 -3985 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: l. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and 1 participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Defendant THOMAS W. GERHOLD, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. SHERRY A. GERHOLD, Defendant/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO., 02-3985 CIVIL TERM IN DIVORCE .CENTRAL PENNSYLVANIA TEAMSTERS PENSION FUND RETIREMENT INCOME PLAN 1987 QUALIFIED DOMESTIC REI.ATIONS ORDER AND NOW, this /)"clay of .~,~ ,2004, upon presentation and consideration of the attached Petition for the Award of a Pension through a Qualified Domestic Relations Order, it is hereby Ordered and Directed that it shall be made an Order of Court as follows: The Participant is Thomas W. Gerhold who resides at 32 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. His social security number is 176-50-5225 and his date of birth is June 3, 1962. The Alternate Payee is Sherry A. Gerhold who resides at 878 South River Road, Halifax, Dauphin County, Pennsylvania 17032. Her social security number is 204-48-5333 and her date of birth is July 8, 1963. The parties were married on August 23, 1987, and the parties were separated on November 1, 2000. The parties have resolved their divorce action by reaching a Marriage Settlement Agreement. This Order applies to benefits under the Central Pennsylvania Teamsters Pension Fund- Retirement Income Plan 1987. The Alternate Payee, Sherry A. Gerhold, shall receive the following: (a) Fifty Percent (50%) of the Participant's vested accrued account balance as of December 31, 2003. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. The fund shall separately account for the benefits awarded to the Alternate Payee as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with said income, loss or expense from the date set forth in paragraph 5a above. The Alternate Payee may elect to receive payment from the plan in any form in which benefits may be paid under the plan to the participant (other than irt the form of a joint or survivor annuity). 10. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing the beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 11. It is recognized that the Alternate Payee may elect to conunence receiving benefits before the participant retires. If the Alternate Payee so requests, the P~micipant shall cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits 12. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. By the Court: THOMAS W. GERHOLD, : IN 'rile COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. SHERRY A. GERHOLD, Defendant/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW NO. 02-3985 CIVIL TERM .. IN DIVORCE CENTRAL PETITION FOR THE AWARD OF A PENSION THROUGH A QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of March, 2004, the Plaintiff/Petitioner, Thomas W. Gerhold, by and through his attorney, Marcus A. McKnight, III, Esquire, files this Petition for the Award of a Pension Through a Qualified Domestic Relations Order as follows: The Participant is Thomas W. Gerhold who resides at 32 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. His social security number is 176-50-5225 and his date of birth is June 3, 1962. The Alternate Payee is Sherry A. Gerhold who resides at 878 South River Road, Halifax, Dauphin County, Pennsylvania 17032. Her social security number is 204-48-5333 and her date of birth is July 8, 1963. The parties were married on August 23, 1987, and the parties were separated on November 1, 2000. The parties have resolved their divorce action by reaching a Marriage Settlement Agreement. This Petition applies to benefits under the Central Pennsylvania Teamsters Pension Fund- Retirement Income Plan 1987. The Alternate Payee, Sherry A. Gerhold, shall receive the following: (a) Fifty Percent (50%) of the Participant's vested accrued account balance as of December 31, 2003. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant agrees to cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. 7. This Petition is intended to request a Qualified Domestic Relations Order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) of the Employee Retirement Income Security Act of 1974, as anaended, and will be interpreted in a manner consistent with such intention. The fund shall separately account for the benefits awarded to the Alternate Payee as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with said income, loss or expense from the date set forth in paragraph 5a above. The Alternate Payee may elect to receive payment from the plan in any form in which benefits may be paid under the plan to the participant (other than in the form of a joint or survivor annuity). 10. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing the beneficiary designation form with the Fund Office. In the event the Al~temate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 11. It is recognized that the Alternate Payee may elect to commence receiving benefits before the participant retires. If the Alternate Payee so requests, the P~micipant shall cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits 12. The Court will retain jurisdiction to amend the Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. WHEREFORE, the parties require that an Order be set forth as provided above. W1TNESSETH: Marcus,. Mc~ PLAINTIFF/PETITIONER: THOMAS DEFENDANT/RESPONDENT ary A. Etter Dissinger. Esq. SHERRY' A'.GERHOLD MARRIA GE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~t~ day of March~ 2004, by and between SHERRY A. GERHOLD, (hereinafter referred to as "WIFE") aad THOMAS W. GERHOLD, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on August 23, 1987, in Dauphin County, Pennsylvania, and were separated on November 1, 2000. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the, parties to constitute in any way a sale or exchange of assets. 3. Further, the partie~ agree to continue living separately mad apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or he~: sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is t]~e mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would quaiify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns· The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party'. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: There is no real estate owned by the parties. SUPPORT: Neither party Will pay spousal support or seek spousal support from the other. Following the entry of the Divorce Decree the parties will not pay any alimony to each other. 3 PERSONAL PROPERTY: The parties agree that shall be divided as follows: HUSBAND shall receive the following items: The personal property in his posse~Ision; His bank accounts; Any Life Insurance Policy; and the personal property Any retirement account and employee benefits he has accrued, except that he shall receive one-half (¼) of his retirement benefit with Central Pennsylvania Teamsters Retirement Income Plan as set forth in a proposed Qualified Domestic Relations Order as set forth in the attached exhibit "A". e. The vacation Pennsylvania. (60) days.) time-share located in (HUSBAND will remove WIFE'S WIFE a. b. c. d. West Hazelton, name within sixty shall receive the following items: The personal property in her current possession; Her bank accounts; Any Life Insurance Policies; Any retirement benefits she has accrued; and One-half (~) of HUSBAND's retirement benefit with Central Pennsylvania Teamsters Income Plan as set forth in a proposed Qualified Domestic Relations Order as set forth in the attached exhibit "A". The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND as set forth in items 9 HUSBAND, a-e inclusive above. HUSBAND likewise waives any ~nterest which he has in the personal property of the WIFE as set forth in items 9 WIFE, a-e inclusive above. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of tlhe other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or ~uich may hereafter belong to the HUSBAND or WIFE with full power to the ~USBAND or WIFE to dispose of same as fully and effectually, in all respects and for all purposes as ii he or she were unmarried. Each party represents or liability on account of the other. Each party agrees that neither will incur obligations, liabilities on account of the other and that from the date Agreement, neither party shall contract or i~cur obligations, any liability whatsoever on account of the other. 10. AUTOMOBILES: they have not incurred any obligation, lien liens or of this liens or a.) WIFE agrees to waive any and all interest which she may have in HUSBAND's 1999 Ford F250 truck. WIFE retains title to her automobile. b.) HUSBAND agrees to waive any and all interest which he may have in WIFE's motor vehicle. They each waive any claim which they have in any automobile owned by the other party. 11. MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for his outstanding debts and agrees to hold WIFE harmless and indemnifies her for any debt incurred after the date of separation. WIFE will be solely responsible for her outstanding debts and agrees to hold HUSBAND harmless and indemnify him for any debt incurred after the separation date. 12. INSURANCE ~ EMPLOYEE BENEFITS: The parities agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own, except as set forth above in paragraph 9. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title and claim to any of WIFE's employee benefits, except as set forth above in paragraph 9. BENEFITS AND BANK ACCOUNTS and interest which she may have bank accounts of the HUSBAND. title and interest which he has DIVORCE: The parties both obtaining a final divorce of parties will execute and file divorce. This agreement shall final decree in divorce, along with the Relations Order attached as exhibit "A". 15. 13. : WIFE agrees to waive all right, title in the savings ~r checking or any other The HUSBAND agrees to waive all right, in the bank accounts of the WIFE. 14. agree to cooperate with each other in the marriage. It is agreed that the the consents necessary to obtain the be incorporated, but not merged in the proposed Qualified Domestic BREACH: If either party breaches any provisions 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 legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. 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. VOLUNTARY EXECUTION: legal effect have been 17. The provisions of ~his Agreement and their fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not [he result of any duress or undue influence. 18. 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. APPLICABLE LAW: Commonwealth of Pennsylvania. 19. This Agreement shall be construed under the Laws of the 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. PAYMENT OF COSTS: and complete the divorce. 21. The parties agree to pay for their own costs required to obtain 22. 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 alt 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: SHERRY A. GERItOLD THOMAS W. GERHOLD COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF ~g~l;lt~ : PERSONALLY APPEARED BEFORE ME, this cfiq*k day of l~.,(a.i-(~ (\ 2004, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, SHERRY A. GERHOLD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA · : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ~/~('~ day of ~, 2004, a Notary Public, in and for the Corrmaonwealth of Pennsylvania and County of Cumberland, THOMAS W. GERHOLD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _COMMONWEALTH OF PENNSYLVANIA MY Comrnission E~r~ Sep[ 18, 2007 Member, Pet~ns¥lva~ia Association Of Notaries THOMAS W. GERHOLD, Plaintiff SHERRY A. GERHOLD, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002 -3!985 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 20, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: APRIL 6, 2004 THOMAS W. GERHOLD Plaintiff THOMAS W. GERHOLD, Plaintiff SHERRY A. GERHOLD, Defendant : IN THE COURY OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. CIVIL ACTION - LAW 2002 -3985 CIVIL TERM .. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 at%r it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subj eot to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: APRIL 6 ~ 2004 THOMAS W. GERHOLD Plaintiff THOMAS W. GERHOLD, Plaintiff, SHERRY A. GERHOLD, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 - 395.t~ CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of th,: Complaint in Divorce was served upon the defendant, Sherry A. Gerhold, on August 24, 2002, by certified, restricted delivery mail, addressed to her at 878 South River Road, Halifax, Pennsylvania, 17032, with Return Receipt Number 7001 2510 0009 2828 3817. 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: April 6, 2004; by defendant: March 29, 2004. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 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 Section 3301(c) Divorce was filed with the Prothonotary: April 6, 2004. Date defendant's Waiver of Notice in Section 3301~ivorc~ was filed with the Prothonotary: March 29, 2004. Marcus ~. McK~i~ht, IH, Esquire Attnrney'for PIm~diff Date: April 6, 2004 IN ThE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~.. PENNA. THOMAS W. GERHOLD, PLAINTIFF VERSUS SHERRY A. GEHHOLD, DEFENDANT [~O.2002.-3985 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT aNd /~ THOMAS W. GERHOLD SHERRY A. GERHOLD ~O~, IT IS ORDERED AND , Pla[ NTI FF, , 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; The Marriage Settlement Agreement dated March 29, 2004, and signed by the parties is hereby incorporated into this Divorce Decree but not merged. BYj ~/~1/~THE COURT: PROThONOTArY