HomeMy WebLinkAbout03-0565 JANET M. O'BRIEN,
Plaintiff,
V.
MICHAEL L. O'BRIEN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION- LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
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, PA 17013
(717) 249-3166
(800) 990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presentar una
apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita
sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra
usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA
AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
JANET M. O'BRIEN,
Plaintiff,
V.
MICHAEL L. O'BRIEN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.'
:
· No.
.
: CIVIL ACTION- LAW
COMPLAINT
AND NOW, comes the above-named Plaintiff, by and through her attorney, Jay R.
Braderman, Esquire, and complains of the following:
1. Plaintiff is Janet M. O'Brien, an adult individual, who resides at 321
Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania., 17055.
2. Defendant is Michael L. O'Brien, an adult individual, who resides at 19
Houston Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. On or about August 24, 1999, a Decree in Divorce issued from the Court
of Common Pleas of Cumberland County, Pennsylvania, divorcing Plaintiff and
Defendant from the bonds of matrimony. That Decree in Divorce was entered to number
99-2209.
4. While the parties were married, one child was bom of the marriage, Sean
M O'Brien, now 15, born on August 1, 1987.
5. The Decree in Divorce incorporated a Marital Settlement Agreement
("Agreement") with the Court of Common Pleas retaining jurisdiction for enforcement of
the Marital Settlement Agreement. A copy of the Marital Settlement Agreement is
attached hereto and made part hereof as Exhibit A.
6. Pursuant to Paragraph 6 A. of said Agreement, which was incorporated in
the final Divorce Decree, Defendant is obligated to pay Plaintiff the sum of $800.00 a
month as non-modifiable alimony. Said alimony is to be paid until the parties' minor
child tums 18 years of age or graduates from high school, whichever shall last occur.
7. Pursuant to Paragraph 13 of said Agreement, which was incorporated in
the final Divorce Decree, it is stated that if either party breaches any provision of the
Agreement, the other party shall have the right, at her election, to sue for damages for
such breach.
8. Defendant, without authority, has refused, and continues to refuse, to pay
alimony to the Plaintiff, which refusal to pay commenced on or about November 1 of
2002.
9. Defendant's refusal to pay Plaintiff the alimony due her under the
Agreement constitutes a material breach of the Marital Settlement Agreement.
WHEREFORE, Plaintiff demands that Defendant be ordered to:
a. Pay the Plaintiff the alimony due her with the legal rate of interest
thereon for past due alimony; and
b. Pay Plaintiff the required alimony and have the same enforced by
the Domestic Relations Office of Cumberland County so that additional suits need not be
filed should Defendant not comply; and
c. In the alternative, pay the Plaintiff all the alimony due her reduced
to present value because of Defendant's breach of the Agreement; and
d. Pay all costs and Plaintiff's attorney's fees for her having to bring
this action for breach of the Agreement; and
e. Any and all other remedies the Court deems to be just and
sufficient.
Date:
//Id. No. 07~ 7
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 232-6600
OF CUMBERLAND
THE COURT OF COMMON PLEAS
Janet M..O'.Brien
.Plaintiff
Michael L. O'Brien
Defendant
COUNTY
PENNA.
~(~. 9.9.~2.209
DECREE IN
DIVORCE
.;¢ AND NOW,
:.*"I 19 it is ordered and
~ decreed that 3anet ,~ o' '^~
-" aintiff
~ and t4±chael ~, ~,~ ·' ............................... , ,
......... --" ~ ~&eR
................................... 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;
~h.~ .Pa=.E&es. ~a=L.ba~. s~E~Zeme~, ag=eeme~. ~a~e~ .~une .1 6.,..~.~g9., ....
'" ~te';~'~ ...........................................
........................... ~o~;~Ot~'~
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this/'~lay of~, / ¢,,.,..(,,.~ 1999, is by and between:
Janet M. O'Brien. an adult individual who resides at 1071 Lancaster Boulevard. Unit 15.
Mechanicsburg. Cumberland County. Pennsylvania. 17055 party of the second pad, hereinafter
referred lo as "Wife": and
Michael L. O'Brien anadu!t individual who resides at 2900~',4arket Street in CampH~ll
Cumberland County. Pennsylvana, 17011 pady of the first part, hereinafter referred to as
"Husband"
WITNESSETH:
WHEREAS. the parties hereto are husband and wife. having been married on
September 15. 1979. in Cumberland '"~, ~
--..,,,fy. Pennsylvania and are the parents of one minor
child: Sean M. O'Brien. born on August 1. 1987 (hereinafter referred to as "child"); and c;
WHEREAS. certain difficulties have arisen between the parties hereto which~,"~, ~ve rn'a~ie ~'~
~I",~,~ .......
,.=s,,,_,u~ of livi~,g separate and apart from one another and Wife has initiated;/ai!-.'ac,i,~ ;n :_~,
divorce filed to No 99-2209 Civil Term before the Court of Common Pleas of.'!i:~pmb~nd
County. Pennsylvania: g;'~' ,"..~ - '!~'
WHEREAS. Wife is represented by James A. Miller, Esquire and Husband having-~
chosen not to be represen[ed by counsel but instead having represented his ov,'n interests: and
WHEREAS. the parties hereto have mutually entered into an agreement for the division
of their assets, the provision for their child and for their rights and responsibilities in and toward
such child, the provision: for the liabilities they owe. and provision for the resolution ol~ their
mutual differences, aP, er both padies have had full and ample opportunity to consult with their
respective attorneys, and the parties now wish to have that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and valuable
considerations, and intending to be legally bound and to legally bind their heirs, successors,
assigns, and personal representatives, do hereby covenant, promise, and agree as follows:
SEPARATION AND NON INTERFERENCf-:
It shall be lawful for each party at all times hereafter to live separate and apart from each
other at such place as he or she from time to time shall choose or deem fit. The foregoing
provision shall not be taken as an admission on the part of either party of the lawfulness or
un!awfu!ness of the causes leading to their living aparl.
Each party shall be free from interference, authority and control by the other, as fully as
if he or she were single and unmarried, except as may be necessary to carry ;:)ut the provisions
of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in
any way harass the other, nor in any other way interfere with the peaceful existence, separate
and apart from the other.
This Agreement shall not be deemed to have been waived, extinguished, discharged.
terminated, invalidated or otherwise affected by a reconciliation between the parties heretn
cohabitation between the parties, a living-together or resumption of marital relations between
them. They shall not be deemed to have reconciled with the intention of vitiating or terminating
this Agreement unless they make such actions through a wdtlen instrument, executed and
acknowledged in the same manner as this Agreement.
_3. F N F O P~C~E M EI~LI~:
The parties acknowledge that Wife filed to Cumberland County Court of Common peas
Cumberland County, Pennsylvania, Docket Number 99-2209, a no-faull divorce action pursuant
to Title 23, section 3301(C)'0f the Pennsylvania Divorce Code and amendments lhereto.
It is specifically understood and agreed by the Parties that the provisions of this
agreement relating 1o equilable distribution of property and all other matters contained herein
including but not limited to support, alimony, alimony pendenle lite, counsel fees, cosls and/or
expenses are accepted by each party as a final settlement for all purposes whatsoever, as
contemplated by the Pennsylvania Divorce Code. Upon execution of this agreement, the parties
agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with
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entering same to said docket for the purpose of finalizing the divorce action. Each pady shall
execute any and all documents which may require his or her signature for the purpose of
effectuating all of the terms and conditions of this Agreement so as to give full force and effect to
this Agreement.
Should a decree, judgment or order of separation or divorce be obtained by either et the
parties in this or any other state, country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement. It is
specifically agreed, however, lhat a copy of this Agreement or the substance of the provisions
thereof, may be incorporated by reference into any divorce, judgment or de~ee. This
incorporation, however, shell not be regarded as a merger, it being the specific intent of the
parties to permit this Agreement to survive any judgment and to be forever binding and
conclusive upon the parties.
4. .C_U $ T OD~v;
L~oal ciLstody of the parties' child, as that term is defined by the Joint Custody and
Grandparents Visitation Act, and 23 Pa. C.S.A Chapler 53, Custody, et seq. shall be shared
between lhe parties hereto, including but not limited to decisions relating to the child and his
education, religion, health and health care, and general welfare. The parties shall endeavor to
cooperate with each other to reach mutual consensus in making all such decisions about the
child. In the event an er;n~rg;ncy arises whereby the custodial parenl at that particular time is
required to render a decision which relates to this legal custody provision, that parent shall have
the right to do so on behalf of both parents. However, as soon as is practicable thereafter, said
decision-making parent shall contact lhe other and appdse him or her of the circumstances and
seek his or her consult related thereto.
Wife shall have pdmary physical custody of the minor child and Husband's periods of
partial custody shall continue in accordance with the parties' present practices. Further, the
parties agree that the minor child shall spend the majority of the summer months with Father
COmmencing May 15, 1999, through Labor Day weekend, 1999, and each year thereafter
During the summer period as defined herein, Mother shall be afforded the same present
practices as Father has during the school year. Moreover, Mother shall have the minor child
every other weekend commencing Fdday at 5:00 p.m. through Monday morning, 8:00 a.m. as
well as Wednesday evenings, overnight.
The parties shall be flexible and cooperate in shadng all major holidays. Mother shall
have Mother's Day and Father shall have Father's Day.
Husband hereby agrees that he shall pay to Wife the total sum of Four Hundred
($400.00) Dollars per month for child support on the first day of each month subject to Pa.
R.C.P. Chapter 1910, Actions for Support. Husband's child support obligation shall be continuing
until the minor child reaches the age of eighteen (18) or graduates from high school, whichever
shall last occur. This obligation may be enforced through the Cumberland County Domestic
Relations Office ('DRO') to Docket Number 00295 S 1999, PACSES Case Number 497100946.
In the event the parties wish to terminate said action (DRO) in light of this agreement, Husband
and Wife shall cooperate in accomplishing such intent. Wife agrees that she shall be
responsible for the pdmary health insurance coverage for the minor child.
In exchange for Wife's complete and full waiver to and relinquishment over the custodial
acCOunts for the minor child identified hereinbelow in paragraph 7E and which are presently in
existence at the time of execution of this agreement, Husband shall manage the UGMA assets to
provide t'or any future increased costs of parachial school and higher education. The parties
understand that such schooling may require the withdrawal of funds from the UGMA accounts
identified hereinbelow in section 7E.
.~-P_O_U_~ A ~ SUPPORT/ALIMON~
O'l~rl~ M~A
Husband and Wife hereby acknowledge that they have been advised that each may
have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or
expenses Further, Husband and Wife acknowledge that they understand that said dghts are
available in the divorce action. Husband and Wife further acknowledge that they are aware of
the income, education, income potential, and assets and holdings o1 the other to the extent such
has been disclosed over the course of this action.
&LIMQ~Y_.- From Husband to Wife;
Commencing upon the execution hereof, Husband hereby agrees that he shall pay to
Wife in the form of non-modifiable alimony the sum of Eight Hundred ($800.00) Dollars and no
cents per month on the 1st day of each month until the minor child tums eighteen (18) years of
age or graduates from high school, whichever shall last occur. This obligation may be enforced
by Wife through the Cumberland County Domestic Relations Office ('DRO') to Docket Number
00295 S 1999, PACSES Case Number 497100946. In the event the parties wish to terminate
said action (DRO) in light of this agreement, Husband and Wife shall cooperate in accomplishing
such intent.
Dudng the effective term of Husband's alimony obligation, he shall maintain in full force
and effect his Lincoln Life Insurance policy in an equal amount commensurate with the balance
of his alimony obligation to Wife. Husband shall upon Wife's request, but no more than one (1)
time per calendar year, provide to Wife evidence that said policy is paid in full and in full force
and effect.
Each party shall be responsible for their respective fees, expenses and costs associated
with this case excepting anything provided in this agreement to the contrary. Neither party shall
be obligated to pay the other's fees, expenses and/or costs. In the event Wife remarries,
Husband's alimony obligalion set forth herein shall automatically terminate by operation of law.
EQUITABLE DISTRIBUTIOn;.
O'l~len ILI~A ~tnal.~vl~s
~: The parties have valued their entire madtal estate by implementing the
use of either statement values associated with such assets or have attributed fair market values
to such assets as the parties have deemed such values and stipulate hereto to such valuations.
A. REAL ESTATE:
2,900 Market Street. Camo Hill. Cumberland County. Pennsylvania 1701 I
Husband and Wife are owners as tenants by the entireties of 2900 Market Street, Camp
Hill, Cumberland County, Pennsylvania 17011 (referred to herein as the "premise"). Wife hereby
conveys unto Husband all of Wife's right, title and interest thereto and shall execute upon
request a Quit Claim Deed reflecting her relinquishment, waiver and abandonment forever.
Provided however that such transfer is in fudher consideration of Husband's continuing
obligation to be solely responsible for all debts associated with the premise, including but not
limited to the first mortgage held by PHH Mortgage Services Corporation and/or any successors
or assigns in interest (approximate present mortgage balance $133,050.00), interest and late
fees and all other outstanding liens at the time of execution hereof as well as future including but
not limited to all taxes, insurance(s), utilities, municipal charges, and costs/expenses/fees.
Husband shall indemnify and hold Wife haY/131ess for all past, present and future indebtedness on
the premise as defined herein and any unidentified debts assodated therewith as well as all
costs/expenses'fees associated with the collection thereof.
Husband shall have Wife released from all liabilities associated with the premise within
six (6) months of execution hereof.
B. DISTRIBU"I'ION OF ASSETS:
1. ~
Husband does hereby grant, convey, transfer, assign, and deliver and set-over unto Wife
the following assets, which said assets shall be and remain the sole and separate property of
Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets
were deemed by either of the parties to be madtal property or non-marital property before:
a. Franklin Templeton Account Contract Number DA421570;
b. Dauphin Deposit Bank, The York Bank, Divisions Of FMB Bank, account number
950011205;
c. National Cash Register Pension;
d. All items of jewelry, furs, and other items of personal adornment in Wife's
possession.
f. Frequent flier ticket.
And I~urther, Husband does hereby waive, release, relinquish, and surrender forever any and all
claim to or interest in said assets, which shall be and remain the sole and separate property of
Wife hereafter.
2. ~
Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband
the following assets, which said assets shall be and remain the sole and separate property of
Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets
were deemed by either of the parties to be marital property or non-marital property betore:
a. Guardian Angel and U Name It:
The parties acknowledge that Husband controls and operates "Guardian
Angel" and "U Name it" which are consulting firms. The parties child is the
owner of said companies. These companies are encumbered with various
debts and liabilities.
Husband agrees he shall continue to pay and satisfy any and all debts,
liabilities and obligations of the companies, or of his adsing out of his
management, control and/or operation of the said companies, and that he will
further indemnify and save the child and/or Wife harmless from any loss, cost,
or expense caused to the child and/or Wile by Husband's default of any such
obligations.
Upon the child reaching the age of twenty-five (25). the child shall have
the option to have Husband turn over all books and records pertaining to the
assets of such companies and Husband shall endeavor to transfer the
business to the child.
b. Kemper Account Number 1882235918;
c. The AIM Family of Funds retirement accounts number 7000990965;
d State Street Mutual Fund account number 4700433;
e. Franklin Templeton Global Infrastructure Fund account number
413-4130065572; and,
f. PSECU account number 0183522359; S1 Regular shares, S2 Vacation shares,
and S4 Checking.
And further, Wife does hereby waive, release, relinquish, and surrender I~orever any and all claim
to or interest in said assets, which shall be and remain the sole and separate property of
Husband hereafter.
C. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE,
ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS:
Husband and Wife do hereby acknowledge that they have heretofore in accordance with
the terms of this agreement divided Io their mutual satisfaction as of September 30, 1998, all
non-marital and marital assets incJuding, but without limitation, business interests, partnership(s),
inheritance(s), jewelry, clothing, brokerage accounls, stocks, bonds, life insurance policies or
other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds,
and other assets whether real, personal or mixed, tangible or intangible.
Further, with the r'xce~tion of those identified asset transfers herein, Husband and Wife
fudher acknowledge and agree that the assets in the possession of the other spouse shall be that
spouses sole and separate property, each party hereto specifically waiving, releasing,
renouncing and lorever abandoning whatever claim, it any, he or she may have with respect to
any of the foregoing items which are the sole and separate property ot the other.
Both parties agree that their son shall be named as the irrevocable beneficiary of any
and all assets identified herein.
Attached hereto as Exhibit A is an itemization of the parties personal property which
shall become the sole and exclusive possession of the party so indicated. The non-possessing
party hereby waives and relinquishes any and all right, title and interest he or she may have to
such personal property.
D. AUTOMOBILES:
The parties agree that Wife shall become the owner of the 1999 Toyota Corolla
automobile. If such vehicle is titled in Husband's name or in joint names, Husband shall make,
execute, acknowledge and deliver any and all documents necessary to transfer the title to Wife.
Husband does hereby waive, release, and relinquish any and all claim to or interest in said motor
vehicle. If the title to the said vehicle is encumbered by any debt or obligation, Wife agrees that
she shale be solely responsible for and shall pay and satisfy said obligation, in accordance with
its terms and provisions, and shall indemnify and save Husband harmless from any loss, co~, or
expense caused to him by her failure to make payment of such debt.
The parties agree that Husband shall become the owner o1: the leased Toyota Camry
automobile. If such vehicle is titled in Wife's name or in joint names, Wife shall make, execute,
acknowledge and deliver any and all documents necessary to transfer the title to Husband. Wife
does hereby waive, release, and relinquish any and all claim to or interest in said motor vehicle.
If the title to the said vehicle is encumbered by any debt or obligation, Husband agrees that he
shall be solely responsible for and shall pay and satisfy said obligation, in accordance with its
terms and provisions, and shall indemnify and save Wife harmless from any loss, cost, or
expense caused to her by his failure to make payment of such debt.
E. CUSTODIAL ACCOUNTS FOR MINOR CHILD:
Wife shall cooperate in transferring to Husband all custodial accounts for the minor child
established during the marriage wherein Wife is named as custodian. In exchange for the
considerations set forth in previous paragraph 5, Child Support, Wife does hereby waive and
relinquish all right, title, interest and control she may have over said accounts. Husband shall be
the custodian over said accounts. Any other custodial accounts Husband may have for the
9
benefit o1' the minor child shall remain with Husband as custodian. Husband shall provide to
Wife copies of ali account statements, including but not limited lo any and all transfers,
bi-annually; specifically, December 31 and June 30 of each and every year.
F. INTENT:
This Agreement is intended to distribute a!l property of the padies, whether real or
personal, and whether determined to be separate or marital property. In lhe event that any
property may be omitted from this Agreement, it Ls under~tood and agreed that the person
having possession and/or title to such property following the execution of this Agreement shall be
deemed the owner thereof and each of lhe parties will execute any and all legal documenls
without any charge Iherei'ore to evidence title to such property in the other party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver
to the other any deeds, documents, records or dosing statements relating to the sale of real
estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on
insurance policies, tax returns and other documents and do or caused to be done any other act
or thing that may be necessary or desirable to the provisions and purposes of this Agreement.
ZAP: Husband hereby agrees to pay all income taxes assessed against him, if any,
as a result of lhe division of the property of the parties hereunder. Wife hereby agrees to pay all
income taxes assessed against her, if any, as a result of the division of the property of the
parties hereunder.
~: The parties hereby agree thal Ihe provisions of this Agreement shall
not be dischargeable in b'ankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the ether party shall have the dght to terminate
Ibis Agreement in which event the division of the parties' madtal assets and all other rights
determined by this Agreement shall be subject to court determination of the same as if this
Agreement had never been entered.
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O'E~H~ I~A I[ihal.wp:
LJ_F_F_: Husband agrees that he shall obtain and maintain a life insurance policy on his
life paying a death benefit of at least Two Hundred and Fifty Thousand ($250,000.00) Dollars
and no cents naming the parties' child as the sole and exclusive beneficiary of such policy.
Further. Husband agrees that he shall pay all premiums and take all actions necessary to
maintain such ir, s~rancc, ,,ithout reduction in the death benefit, and continuing the child as the
sole and exclusive beneficiary, until the child attains the age of twenty-five (25) years. Further,
Husband agrees that he shall provide proof to Wife, at least annually, of the continuation of such
insurance in compliance w~th this paragraph.
Further, Husband agrees that he shall designate a trust to receive the benefits of such
insurance until such time as the child attains the age of twenty-five (25) years, and shall name
the Farmers Trust Co. of Cadisle and/or any successors in interest, and shall provide an
executed copy of the trust agreement provided in this paragraph to Wife within ninety (90) days
of the date of this agreement.
Any and all employer provided lite insurance policies made available to Wife shall name
the minor child as beneficiary thereon.
DJSAB/LJTY: Husband shall maintain his Uncoln National Disability Policy which is
presently in effect throughout the entire term of his support obligations set fodh hereinabove in
paragraphs 5 and 6. Husband shall instruct his insurer to first pay Wife all monies defined herein
on a monthly basis prior to Husband receiving any funds from the disability policy whatsoever.
Upon Wife's request, but no more than two (2) times per year, Husband shall provide to Wife
evidence that such policy remains in existence. In the event Husband defaults on such
payments as required under said policy or policies, then Wife shall be entitled to make such
payments and be reimbursed dollar for dollar by Husband.
_9. AFTER ACQUIRED PROPER'FY:
Each of the parties shall hereafter own and enjoy, independently of any claim or dght of
the other, all items of property, be they real, personal or mixed, tangible or intangible, which are
11
hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and
effectively, in ali respects and for all purposes, as though he or she were unmarried.
The parties hereby agree that, as to all assets not specifically mentioned herein which
are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in
the sole possession of one cf the parties hereto, the party not having title thereto or possession
thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein,
and acknowledges that the party having title or possession of such items shall be the sole and
exclusive owner thereof.
10, DEELT_~:
A, Wife's [~eb~;s; Wife represents and warrants to Husband that s~nce the
parties' separation she has not and in the future she 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 debts or
obligations incurred by her.
J~ ~: Husband represents and warrants to Wife that since the
padies' separation he has not and in the future he will not contract or incur any debt or 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,
C~ M~it, aLD_P,,J~ The parties acknowledge that each shall be individually
responsible for and solely dable for the debts identified hereinbelow and shall further indemnify
and hold the other harmless to every and all extent including but not limited to all past, present.
and future fees, costs and/or expenses associated with the collection of such debts, judgments,
interest, taxes and suits. Further, each shall have such creditors identified herein release the
non-responsible party from such installment obligation whether such is a loan or credit card. In
the event such creditor will not release the non-responsible pady, lhen such account shall be
terminated and evidence of such shall be provided to the non-responsible party that such
12
account has been terminated.
days of execution hereof:
PHH Mortgage Services Corp.
Capital One Visa #4121 74~4 3181 3547
First Penn Pacific Life ~02-00332963
Termination of such account shall take place within thirty (30)!
Husband
Husband
Husband
J~ Indemnification: All further debts incurred by the parties shall be their
individual responsibility. Each party represents and warrants to the other that he or she has nol
incurred any debt, obligation, or other liability, other than described in this Agreement, on which
the other party is or may be liable. Each party covenants and agrees that if any claim, action or
proceeding is hereinaCter initiated seeking to hold the other party liable for any other debts,
obligations, liability, act or omission or" such party, such party will at his or her sole expense,
defend the other against any such claim or demand, whether or not well-founded, and that he or
she will indemnify and hold harmless the other party in respect of actual damages as resulting
therefrom. Damages as used herein shall include any claim, action, demand, loss, cost,
expense, penalty, and other damage, ~cluding without limitation, counsel fees and other costs
and expenses reasonably incurred in investigating or attempting to avoid same or in opposing
the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or
breach or default in perf0rmar~ce by Husband or Wife of any of the obligations to be performed
by such party hereunder. The Husband or Wife agrees to give the other prompt wdtten notice of
any litigation threatened or instituted against either party which might constitute the basis for a
claim for indemnity pursuant to the terms of this Agreement.
I The mortgage on the premise shall be addressed in the manner provided in section
7Al.
Oiler/eh ~]A [in~l.wp:
11, F~:
The parties acknowledge that each of them have had a full and ample opportunity to
consult with counsel of their choice regarding their claims arising out of the marriage and divorce
and that they have specifically reviewed their rights to the equitable distribution of marital
property, including rights of discovery, the right to compel a filing of an Inventory and
Appraisement, and the right to have the court review the assets and claims of the parties and
decide them as part of the divorce action. Being aware of those rights, and being aware of the
marital property owned by each of the parties, the parties hereto, in consideration of the other
terms and provisions of this agreement, do hereby waive, release and quitclaim any further right
to have this court or any other tdbunal equitably distribute or divide their marital property
The parties acknowledge that they have been fully advised and informed of the wealth,
real and/or personal property, estate and assets, earnings and income of the other and are
familiar with and cognizant of such and the value thereof, or has knowingly waived such advice
and/or information. The part/es hereto have been fully advised and informed of all rights and
interests which, except for the execution and delivery hereof, have been conferred upon or
vested in each of them by law with respect to the property or estate of the other by reason of
their marital status, or has knowingly refused or waived such advice or information.
Except as otherwise herein provided, each party releases and discharges completely and
forever the other from any and all dght, title, interest or claim or past, present or future support,
division of property including income or gain from property hereafter accn.~ing, dght of dower and
coudesy, dght to act as a~mif,istrator or executor in the estate of the other, right to distributive
share in the other's estate, right of exemption in the estate of the other, or any other properly
rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or
otherwise, and whether the same are conferred by the statutory law or by the common law of the
Commonwealth of Pennsylvania, or any other state, or of the common law of the United States
o! America.
It is further specifically understood and agreed by and between the parties hereto, that
each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of
any and all of said parties' rights against the other for any past, present and future claims on
account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and
expenses, equitable distribution of madtal property and any other claims of each party, including
all claims raised by them in the divorce action pending between the parties.
13, ~:
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. The party breaching this
contract shall be entitled to all remedies under the law.
14, EFt:
Both parties have been given the opportunity to obtain the advice of counsel regarding
the provisions of this Agreement and their legal effect in advance of the date set forth above to
permit such independent review. In the event either party elects to execute this agreement
without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically
and knowingly waives his/her dghl. ir any, lo utilize his/her lack of legal representation as a basis
lo attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive independent
legal advice from counsel from his or her selection, and that each fully understands the facts
and has been fully informed as to his or her legal dghts and legal obligations, and each party
acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and
that il is being entered in;~ freely and voluntarily, after having had the oppodunity to receive
such advice and with such knowledge, and that execution of this Agreement is not the result of
any duress or undue influence, and that it is not the result of any improper or illegal agreement or
agreements.
VOLUNTARY EXECUTION:
O'~Hen M~A
The provisions of this Agreement are fully understood by both parties and each party
acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily
and that it is not the result of any duress or undue influence, Further, each pady acknowledges
that he or she has the mental capacity to understand the terms provided herein and has not been
placed under duress, coercion or any physical or mental stress.
1~, EZ:~B~~ T-:
This Agreement contains the entire understanding of the padies and there are no
representations, warranties, covenants or undertakings other than those expressly set torth
herein.
17,
PRIOR AGREEIYtEb~:
it is understood and agreed that any and all property settlement agreements which may
or have been executed pdor to the date and time of this Agreement are null and void and of no
effect.
MODIFICATION AND WAIVER,:
Any modification or waiver of any provision of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of either
party to insist upon 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.
1~).
This Agreement shall be governed by and shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent covenant and agreement.
if any term, condition, clause, or provision of this Agreement shall be determined or
declared to be void or invalid in law or othem/Jse, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation.
22_~. ~:
The parties hereto acknowledge and agree that for purposes of distribution of property as
provided for in this agreement, the date of execution oi' this agreement shall be known as the
Distribution Date.
23~ D~ATE~:
The parties hereto acknowledge and agree that the date of execution referred to herein
shall be known as the last date upon which either party executes this agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
hereunto set their hands and seals the day and year first above written.
WITNESS:
('¢'e'~et M. O'Brien
17
Commonwealth of Pennsylvania
COUNTY O~j~L~,~
On this, the . day of
personally appeared Michael L. O'Bden. known to me to be the person whose name is
subscribed to the within Settlement Agreement and acknowledged that he executed the same for
the purposes therein contained.
IN WFNESS WHEREOF. I hereunto set my hand and official seal.
N~LIC ................
~y Commission Expires: i , --.:" '.
,., _ ....... ~' 7~_--m--~-:.~::-
Commonwealth of Pennsylvania
couN oF
SS,
On this, the l¢/~"day of. ~_) ',-~'-,~:---'-'~ , 199._~~, before me, a Notary Public.
personally appeared Janet M. O'Brien. known to me to be the person whose name is subscribed
to the within Settlement Agreement and acknowledged that she executed ~he same for the
purposes therein contained.
IN V'¢,}-NESS WHEREOF. I hereunto set my hand and official seal.
NOTA.~/~UBLIc
M/v/Commission Expires:
EXHIBIT A
PERSONAL PROPERTY
19
Mfl~-Ib-IYSy US:IY AM
- /]/ IUi ]4bb t',
VERIFICATION
I, Janet O'Brien, acknowledge that the facts stated in the within Complaint are
true and correct to the best of my knowledge, information and belief. I understand that
any false statements herein are made subject to the penalties of 18 Pa. C. S. §4904
relating to unsworn falsification to authorities.
J~i~T O'BRIEN
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00565 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OBRIEN JANET M
VS
OBRIEN MICHAEL L
JASON VIOHAL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
OBRIEN MICHAEL L the
DEFENDANT
, at 2006:00 HOURS, on the 26th day of February , 2003
at 19 HOUSTON STREET
MECHANICSBURG, PA 17050
by handing to
MICHAEL O'BRIEN
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.21
Affidavit .00
Surcharge 10.00
.00
34.21
Sworn and Subscribed to before
me this f ~ day of
1~ ~_% A.D.
I r Prothonotary ' ! /
So Answers:
R. Thomas Kline
02/27/2003
JAY BRADERMAN
By:
pry S/~heriff