HomeMy WebLinkAbout97-05916
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IN THE COURT OF COMMON
PLEAS
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OF CUMBERLAND COUNTY
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STATE OF ~~! PENNA,
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JAMES C, GALLAGHER
. PLAINTIFF
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KIM A. GALLAGHER
DEFENDANT
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DECREE IN
DIVORCE
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AND NOW, ..... ."",.,. .\.z............ 19 .fi.. it is ordered and
decreed that. . . .. ... iJi\l1ES ~., . <;;i\.LI,A<;;j-IE~.. . . . . . . . .. .. .. . ., plaintiff,
and... ..\<.I.f1.F:-,. .GAL.Li\.GIjI;:R................................. defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of fhe following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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. .1?\!t.I-(E)<;!P. .1;1)",. p'arp~~ . ili. .lwr",by. ~rc;qr;po.r:,!\:",q,. .\>\-I.t. .n9!:. .1I)<;!r9.E\Q,. .into
this fi al Decree in Divorce.
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made thiill"~ay of Q ?",,- , 1998, by and between
Kim Gallagher, DfCarlisle, Cumberland County, Permsylvania (hereinafter referred to as
"WIFE") and James Gallagher, fonnerly of Carlisle, Cumberland County, Perm sylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on May 23,1991, in Mida1etown, Dauphin
County, Permsylvania, and;
WHEREAS, one child has been bom of the parties, namely June Ashley Miller,
bom November 30, 1981;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen
belween the parties and it is the intention of WIFE and HUSBAND to live separate and apart,
and the parties hereto are desirous of settling fully and finally their respective financial and
property rights and obligations as between each other, including, without limitation by
specification: the settling of all matters between them relating to the ownership and equitable
dislribution of real and personal property; settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE; settling ofall matters between them relating to the past, present, and
fUlure support and/or maintenance of the children; and the sellling of any and all claims and
possible claims by one against the other or against their respective estales.
NOW, THEREFORE, in consideration of the premises and oflhe mutual
promises, covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each oflhe parties hereto,
HUSBAND and WIFE, each intending tD be legally bound hereby cDvenanl and agree as
follows:
1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have
the right to live separate and apart fJorn each olher and to reside from time to time al such place
or places as they shall respectively deem lit, free from any control, reslraint or interference
whatsoeyer by the other. Neither party shall molest the olher Dr endeavor to compel the other
10 cohabit or dwell with him or her by any legal or olher proceedings. The foregoing
provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of
lhe lawfulness or unlawfulness of the causes leading to their living apart,
2. INTERFERENCE: Each party shall be free from interference, authority,
and contact by lhe other, as fully as ifhe 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 olher to cohabitate with the other, or in
any way harass or malign the other, nor in any way interfere with the peaceful existence,
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separate and apart from the other, and each of the parties hereto completely understands and
agrees that neither shall do or say anything to the child Df lhe parties at anytime which might in
anyway influence the child adversely against the other party, it being the intention of both
parties to minimize the effect of any such separation upon lhe child.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a
di\'orce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense
as may be available to either party. This Agreement is not intended to condone and shalt' not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of
the olher party which have occasioned the disputes or unhappy differences which ha\'e occurred
prior to or which may occur subsequent to the date hereof.
4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that
HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket No. 97.5916,
c11iming that the marriage is ilTetrievably broken under Seclion 3301(c) of the Pennsylvania
Divorce Code. HUSBAND hereby expresses his agreement thatlhe marriage is irretrievably
broken and expresses his intent to execute any and all Affidavits or other documents necessary
for lhe parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at
the same time as he executes this Agreement. The parties hereby waive all rights to request
court ordered counseling under the Divorce Code. It is further specifically understood and
agreed by the parties that the provisions of this Agreement as to equitable distributiDn of
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property of the parties arc accepted by each party as a final settlement for all purposes
whatsoever, as contemplalcd by the Pennsylvania Divorce Code.
Should a decree,judgment or order of divorce be obtained by either of the parties
in this or any other state, country or jurisdiction, each of the parties hereby consenls and agrees
that this Agreement and all of its covenants shall not be affected in any way by such separalion
or divorce; and that nOlhing in any such decree, judgment, order or further modification or
revision thereof shall alter, amend or vary any lenn of this Agreement, whether or nOl either or
both of the parties shall remarry. It is the specific intent of the parties 10 pennitthis
Agreement to survive any judgment and to be forever binding and conclusive upon the parties.
5. INCORPORA nON IN DIVORCE DECREE: It is further agreed,
covenanted and stipulated that this Agreement, or the essential parts hereof, shall be
incorporated in any decree hereinafter entered by any court of compelent jurisdiction in any
divorce proceedings that have been or may be inslituted by the parties for the purpose of
enforcing the contractual obligations of the parties. This Agreement shall not be merged in any
such decree but shall in all respects survive the same and be forever binding and conclusive
upon the parties.
6. EFFECTIVE DATE: The effective date of this Agreement shall be the
"date of execution" or "execution date," defined as the date upon which it is executed by the
parties if they have each executed this Agreement on the same date. Otherwise, the "date of
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which either party may have or at any time hereafter shall ha",e for past, present or future
support or maintenance. alimony, alimony pendenle lite, counsel fees, division of property,
costs or expenses, whelher arising as a result of the marital relations or otherwise, except, all
rights and agreements and obligations of whalsoever nalure wising or which may arise under
this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND
and WIFE to give each olher by the execution Df this Agreement a full, complele and general
release with respect to any and all property of any kind or nature, real, personal or mixed,
which the olher now owns or may hereafter acquire, except and only except all rights and
agreements and obligalions of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. It is further agreed thatlhis Agreement
shall be and constitute a full and final resolulion of any and all claims which each of the parties
may have against the olher for equitable division of property, alimony, counsel fees and
expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code
or the divorce laws of any other jurisdiction.
9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal
effect have been fully explained to the parties by EMILY L. HOFFMAN, Esquire, counsel
for WIFE and JAMES A, MILLER, Esquire, counsel for HUSBAND. HUSBAND and
WIFE acknowledge that this Agreement is not the result of any duress or undue influence and
lhat it is not the result of any collusion or improper or illegal agreement or agreements. The
parties further acknowledge that they have each made to the other a full accounting of their
respective assets, estate, liabilities, and sources of income and that they waive any specific
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enumeration thcreoffor lhe purpose of this Agreement. Each party agrces that he or she shall
not at any future time raise as a defense or otherwise the lack of such disclosure in any legal
proceeding involving this Agreement with the exception of disclosure that may have been
fraudulently withheld.
10, WARRANTY AS TO EXISTING OBLlGA TIONS: Each party
represents thatlhey have not heretofore incurred or conlracled for any debt or liability or
obligation for which the estate of the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify and hold the other party
hannless for and against any and all such debls, liabilities or obligations of every kind which
may have heretofore been incurred by them, including those for necessities, except for lhe
obligations arising out of this Agreement.
II. WARRANTY AS TO FUTURE OBLlGA TIONS: HUSBAND and
WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in
this Agreement, neilher of them shall hereafter incur any liability whatsoever for which the
estate of the other may be liable. Each party shall indemnify and hold hannless the other party
for and against any and all debts, charges and liabilities incurred by the Dther after the
execution date of this Agreement, except as may be otherwise specifically provided for by the
V:nns of this Agreement.
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12, DEBT OFTHE PARTIES: HUSBAND agrees 10 pay and be solely
responsible for all credit card and personal debt including but not limited to Norwest, Lowes,
Planters and Preis. HUSBAND agrees to indemnify and hold WIFE harmless from any and all
liability associated with said debt.
WIFE agrees to pay and be solely responsible for the parties' eleclric bill at PeM
Credit, the 1993 and 1994 Federal and State Income Taxes that are owed and all other debts in
her sDle name, WIFE agrees to indemnify and hold HUSBAND harmless fr('m any and all
liability associated with said debt.
13. PERSONAL PROPERTY: The parties have divided between them, to
their mutual satisfaction, the personal effects, household furniture and furnishings, and all other
articles of personal property which have heretofore been used by them in common, and neither
party will make any claim to any such items which are now in the possession or under the
control of the other. Should it become necessary, lhe parties each agree to sign any titles or
documents necessary to give effeclto this paragraph upon request.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property
which is in the possession of the other, and which shall become the sole and separate property
of the other from the date of execution hereof.
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14. BANK ACCOUNTS: HUSBAND anrl WIFE acknowledge that they
each possess certain bank accounts and the like in their respective names. They hereby agree
that each shall b~come sole owner of their respective accounls and they each hereby waive any
inlerest in, or claim to, any funds held by the olher in such accounts.
15. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS:
WIFE agrees that any monies which HUSBAND has acquired through his interests in either
pensions, profit sharing, sal'ings and thrift plans, annuities and/or retirement benefits through
his present or past employer shall remain his sole and exclusive property. WIFE agrees to
waive any interests she may have in such property and further agrees that she will nDt assert
any such claim in the future.
HUSBAND agrees that any monies which WIFE has acquired through her
interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement
benefits through her present or past employer shall remain her sole and exclusive property.
HUSBAND agrees to waive any interests he may have in such property and further agrees that
he will not assert any such claim in the future.
16, BOATING EOUlPMENT: WIFE shall retain lhe jet boat which is
owned by her mother,the motor and the trailer. HUSB.\ND will sign all documents necessary
to transfer the equipment to WIFE. HUSBAND waives any interesls he may have in such
property and further agrees that he will not assert any such claim in the future.
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Federal, state or local income tax is proposed, or any assessment of any such tax is made
against eilher of them, each will indemnify and hold harmless the other from and against any
loss or liability fDr any such tax deficiency or assessment and any interest, penalty and expense
incurred in connectiDn therewith. Such tax, interest, penalty Dr expense shall be paid solely and
entirely by the individual who is finally <letermined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint
returns.
20, APPLICABILITY OF T A..X LAW TO PROPERTY TRANSFERS:
The parties hereby agree and express their inlentthat any transfer of propeny pursuant to this
Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, lhe provisions of said Act penaining to the transfers of
property between spouses and fonner spouses. The panies agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue Service to render the Ar.t
applicable to the transfers set fonh in this Agreement without recognition of gain on such
transfer and subject to the carry-over basis provisions of the said Act.
21. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual benefit are satisfactory with
regard to support and maintenance, past, present and future. The panies release and discharge
the other absolutely and forever for the rest of their lives from all claims and demands, past,
present or future, for alimony or for any proyision for support or maintenance, except as
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specifically provided for herein. The parties funher acknowledge that in consideralion oflhe
transfers made herein each completely waives and relinquishes any and all claims and/or
demands they may now have or hereafter have against the other for alimony, alimony pendenle
lile, spousal support and counsel fees, excepl as specifically provided for herein.
22, EFFECT OF DIVORCE DECREE: The parties agree lhat, except as
otherwise specifically provided herein, this Agreement shall continue in full force and effect
after such time as a final Decree in Divorce may be entered with respect to the parties.
23. BREACH: If either party breaches any provision of this Agreement, the
olher 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 shall be responsible for payment of reason able legal fees and costs incurred by the
other in enforcing their rights under this Agreement.
24, WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present
and future laws of any jurisdic;tion, to share in lhe propeny or the eslate 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 the
right to act as administrator or executor of the other's estate, and each will, at the request of the
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other, execute, acknowledge and deliver any and all instruments which may be necessary or
adyisable to ca.rry into effect this mutual waiver and relinquishment of all such interests, rights
and claims.
25. ENTIRE AGREEMENTS: 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.
26. FINANCIAL DISCLOSURE: The parties cDnfinn that they have relied
on the completeness and subslantial accuracy of the financial disclosure of the other as an
inducement to the execution of this Agreement. The parties acknowledge that there has been
no fonnal discovery conducted in their pending divorce aclion and that neither party has filed
an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce
Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable
distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by lhe other
party in an asset of any nature at any time prior to the date of execution of this Agreement that
was not disclosed to the other party or his or her counsel prior to the date of the within
Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers
such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas
of Cumberland County to make equitable distribution of said asset,
The non-disclosing party shall be respDnsible for payment of counsel fees, costs
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or expenses incurred by the olher party in seeking equitable dislribulion of said asset.
Notwithstanding the foregoing lhe Agreement shall in all other respects remain in
full force and effect.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to
tim~, atlhe request of the other, execute, acknowledge and deliver to the other any and all
further instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
29. VOID CLAUSES: If any tenn, condition, clause or provision of this
Agreement shall be detennined or declared to be void or invalid in law or othetwise, then only
that tenn, 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.
30. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each paragraph hrreof shall be
deemed to be a separate and independent Agreement.
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31. MODIFICATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only ifmade in writing and executed with
the same fonnality as this Agreement. The failure of either party to insist upon slrict
perfonnance of any of the provisions of this Agreement shall not be construed as a waiver of
any subsequent defaults of the same or similar nature.
32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are
for convenience only. They shall have no affect whatsoever in detennining the rights or
obligations of the parties.
33. APPLICABLE LAW: This Agreement shall be construed under the laws
of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980
and any amendments thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
date d year first above written.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF U,O,j'~-f"'L~.....
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On this, thed0 day of.. '\.o....L
, 1998, before me, a Notary Public. the
undersigned officer, personally appeared Kim Gallagher, known to me (or satisfactorily
pro~en) to be the person whose name is subscribed to the foregoing Property Settlement
Agreement and acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Ji U)A r-- \), Rd&'M.!-
N&tary Public
NOTAI'.lU ~L
GEO~'" L EOWIJ!D3, Ngl.'Y Pvbllc
Hanit!:!.....;, CallplWI Co.,"'1. ,,,
lAy C.mmiUion bpi... Sopt. 20, 1 m
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 97-5916 civil
James C. Gallagher,
plaintiff
Kim A. Gallagher,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following
information, to the Court for entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. Date and manner service of the Complaint: a
CERTIFIED COPY OF TllE COMPLAINT IN DIVORCE dated October 24,
1997, was accepted by Emily L. Hoffman, counsel for
Defendant, by the praecipe for Acceptance of Service and
Entry of Appearance dated October 31, 1997,
3. Date of execution of the Affidavit of Consent and
Waiver of Notice of Intention Request Entry of a Divorce
Decree required by Section 3301(c) of the Divorce Code:
by Plaintiff: April 22, 1998
by Defendant: April 23, 1996
4. Related claims pending:
claims pending.
There are no related
Respectfully Submitted,
By:
d
Miller, Esquire
Attorney for Plaintiff
122 Loc dt Street
Sui te 0
Harri urg, PA 17101
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James C. Gallagher
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 17- j' 9/~ (I ~-tfLfL
V.
Kim A, Gallagher
Defendant
CIVIL ACTION.
IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims
set forth in the following papers, 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 be entered against you by the Court. A judgment may
also be entered against you for any other claim or relief requested In these
papers by the Plaintiff. You may lose money or property or other rights
important to you, Including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors Is available in the Office of the Prothonotary at the Dauphin County
Court House, Room 101, Front and Market Streets, Harrisburg, Pennsylvania.
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.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, Pennsylvania 17101
Phone: (717) 232-7536
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James . Miller, Esquire
Allor y for Plaintiff
James C. Gallagher
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. r; 1- 1- 'in
CIVIL ACTION. LAW
IN DIVORCE
Kim A. Gallaghar
Defendant
COMPLAINTJN..D.IVORCE
1. Plaintiff is James C. Gallagher who currently resides at 513
Sweetbriar Drive, Harrisburg, Dauphin County, Pennsylvania, 17111.
2. Defendant is Kim A. Gallagher who currently resides at 7253
Wertzville Road, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff has been a bona fide resident in the Commonweallh for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 23, 1991 in Dauphin
County, Pennsylvania.
5. There have been no prior actions for divorce or annulment
between the parties.
6. The Plaintiff js a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the
United States of Amerjca.
8, The Plaintiff avers the following: (check one)
(X) A.
Plaintiff avers that there are no children of
the parties under the age of eighteen.
() 8.
Plaintiff avers that there are children of the
parties under the age of eighteen, namely:
,
VERIFICATION
I verify that the staterrents made in the attached are true and
correct. I understand that false staterrents herein are made subject to
the penalties of 18 Pa. C.S. section 4904 relating to unsworn
falsific.~tion to authorities.
Date: It -)..).. ~ 'Iv?
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James C Gallagher,
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 97-5916
Kim A Gallagher.
Defendant
Civil Action - Law
In Divorce
PRAECIPE FOR ACCEPTANCE OF SERVICE & ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
I, Emily L. Hoffman, Esquire, counsel for Defendant. Kim A. Gallagher, hereby
accept service of the divorce complaint filed to the above term and docket and enter my
appearance on said Defendant' s behalf.
Date: J 0 /3.1 / q 7
~.. Q.--- ';f l-LJr
Emily L. Hoffina~. Esquire V
Attorney for Defendant
Supreme Court I.D. # {'L. 301
105 North Front Street
Harrisburg. P A \11 0 I
(717) oJ ?, 3 - 1\ \ :l..
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James C. Gallagher
Plaintiff
IN THE COURT OF COMMON PLEAS-P .
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 97.5916 Civil
Kim A. Gallagher
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AEElDAVIT OF CONSENT
1. A complaint In Divorce under Seclion 3301(c) of the DivorC'-El Code was
filed on October 24, 1997.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90)days have elapsed from the date of filing and service the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of notice
of intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable
distribution of marital property or counsel fees or expenses has not been filed
wilh the Court before Ihe entry of a Final Decree in Divorce, the right to claim
any of them will be lost.
5. 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. I further understand that the Court maintains a list of
marriage counselors in the Prothonotary's Office, which list is available to me
upon request. 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 by the Court
I verify Ihat the statements made in this Affidavit are true and correct. I
understand thai false statements herein are made subject to the penalties of 16
Pa. C.S.A. Section 4904, relaling to unsworn falsification to authorities.
Date:
Lf.l.L/f'f
, .diAl.'
ames C. Gallagher '"
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James C. Gallagher,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO,: 97-5916 CIVIL
v.
Kim A. Gallagher,
Defendant
CIVIL ACTION - LAW
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 wilhout notice.
2. I understand that I may lose rights concerning alimony, division of
property lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is
filed with the prothonotary.
I verify that the statements made herein in this affidavit are true and
correct. I understand that false statements are made subject to the penalties of
18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities.
Date:
/1- -z."Z..-1 ~
fk"'" {J ~O/tJL,
es C. Gallagher
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James C. Gallagher
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 97.5918 Civil
Kim A. Gallagher
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAIJiLOECDNSEtH
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on October 24, 1997.
2. The marriage of the Plaintiff and Defendant is irrelrievably broken and
ninety (90) days have elapsed from the date of filing and service the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of notice
of intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable
dislribution of marital property or counsel fees or expenses has not been filed
with the Court before the entry of a Final Decree in Divorce, the right to claim
any of them will be lost.
5. I have been advised of the availability of marriage counseling, and
understand that I may r~quest that the Court require that my spouse and I
participate in counseling. I further understand that the Court maintains a list of
marriage counselors in the Prothonotary's Office, which list is available to me
upon request. Being so advised, I do not request that the Court require Ihat my
spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
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.A. Section 4904, relating to unsworn falsification to authorities.
Date: Oo.;.n<./' .;) J; / Y 7J.:
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K m A. Gallagher v
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 97.5916 CIVIL
James C. Gallagher,
Plaintiff
Kim A. Gallagher,
Defendant
CIVIL ACTION - LAW
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 enlry of a final decree of divorce wilhout notice.
2. I understand Ihat I may lose righls concerning alimony, division of
property lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a divorce decree is entered by
Ihe Court and that a copy of the decree will be sent to me immediately after it is
filed with Ihe prothonotary.
I verify that Ihe statements made herein in this affidavit are true and
correct. I understand that false statements ara made subject to the penalties of
18 Pa. C.S. A. Section 4904, relating 10 unworn falsification of authorities.
Date: (lr-f ,.) 5, /yfJY::...-
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Ki A. Gallaghe
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