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Barbara Sumple-Sullil'an, Esquire
Supreme Court 1132317
549 Bridge Streel
New Cumberland, P A 17070
(717) 774-1445
ROBERT BULLOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
CIVIL ACTION - DIVORCE
KA THERINE HARRIGAN,
Defendant
NO, 98-4299
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
Code,
I, Ground for Divorce: Irretrievable breakdown under 330 I (c) of the Divorce
2, Date and manner of service of the complaint: United States Mail, Certified
Mail, Restricted Delivery on April] 0, 2003.
3, Date of execution of the affidavit of consent required by 3301(c) of the Divorce
Code: by Plaintiff July 26, 2004; by Defendant July 26, 2004,
4, Related claims pending: All matters have been resolved between the parties
pursuant to the Marital Settlement Agreement dated July 26, 2004 and incorporated, but
not merged, into the Decree, See paragraph 28 of the Agreement.
. i
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5, Date Plaintiff's Waiver of Notice in 3301(c) Divgrc w s filed with Prothonotary:
July 29, 2004. Date Defendant's Waiver of Notice in 3301 (c)Divor was filed with
Prothonotary: July 29, 2004, //
/
Dated: JUlyZZ 2004 /
I Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070-] 93 1
(717) 774-]445
Supreme Court ID #32317
Attorney for Plaintiff
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
ROBERT D, BULLOCK
AND
KATHERINE G,L. HARRIGAN
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made thi~QlJay of ~
,2004,by
and between ROBERT D, BULLOCK, of Dauphin County, Penns ania, and KATHERINE
G,L. HARRIGAN, ofCumberlaod County, Pennsylvania;
WITNESSETH:
WHEREAS, Robert D, Bullock (hereinafter referred to as "Husband"), social security
number 254-78-2773, was born on October 23,1947, and currently resides at 1318 Green Street,
Harri'sburg, Dauphin County, Peonsylvania 17102;
WHEREAS, Katherine G,L. Harrigan (hereinafter referred to as "Wife"), social security
number 118-28.7958, was born on January 14, 1950, and currently resides at 1715 Anna Street,
New Cumberland, Cumberland County, Pennsylvania 17070;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
October 18, 1981 in New York City, New York;
WHEREAS, the parties have lived separate and apart since on or aboutJuly 14,1998;
WHEREAS, the parties are parents to three children, namely, Daniel D, Bullock, born
April 17, 1984, Sarah Ann B. Bullock, born November 9, 1989, and Joshua C. Bullock, born July
22,1991;
WHEREAS, 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,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates,
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinaOer set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNS.:L. Each party acknowledges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her selection
(Darren J. Holst, Esquire for Husband and Barbara Sump Ie-Sullivan, Esquire for Wife). Each
party fully understands the facts and his or her legal rights and obligations, and each party
, acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily, and that the 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, In addition, each party uoderstands the impact of the Pennsylvania
Divorce Code, whereby the court has the right and duty to determine all marital rights of the
, parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital
property or property owned or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, each party hereto still desires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of
the parties, and waives his and her respective right to have the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction, make any determination or
order affecting the respective parties' rights to alimony, alimony pendente lite, support and
maintenance, equitable distribution, counsel fees and costs oflitigation,
2. DISCLOSURE OF ASSETS, Each of the partics hereto acknowlcdges
that he or she is aware of his or her right to seck discovery, including but not limited to, written
interrogatories, motions for production of documents. the taking of oral depositions, the filing of
inventories, and all other means of discovery pemlitted under the Pennsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedure, Each of the parties further acknowledges that he or
she has had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction, The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly or in the name of one party alone, Each party agrees that
any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make or append hereto any further
enumeration or statement. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable and equitable, and is
satisfactory to them, Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or assigns, that he or she wiII never at any
time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any
action of contention, direct or indirect, and allege therein that there was a denial of any rights to
full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to
have available full, proper and independent representation by legal counsel.
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3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart, Ench shall be free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or beoefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable, Husband and
Wife shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or atlemptto compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other,
4. MUTUAL CONSENT DIVORCE, It is the intention oCthe parties, and
the parties agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and, thus, any divorce nction with respect to these parties
shall be limited to a claim for no. fault divorce only, The parties acknowledge that on or about
July 23, 1998 Husband initiated divorce action under, il/ler (Ilia, the no-fault provisions of the
Divorce Code by filing a complaint docketed at no, 98.4299 Civil in the Court of Common Pleas
of Cumberland County, The parties acknowledge that the ninety (90) day waiting period
provided for under g3301(c) of the Divorce Code has expired, Therefore, contemporaneously
with the execution of this Agreement, each party will sign an Affidavit of Consent to Divorce
and Waiver of Notice ofIntention to Request Entry of Divorce Decree and deliver same to
counsel for Husband, who shall promptly submit said Affidavits and Waivers to the Court, along
with a Praecipe to Transmit Record, Vital Statistics Fonn and any and all other documents
necessary to precipitate the prompt entry of a Divorce Decree,
I
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S. EOUITABLE I>ISTRIBUTJON.
(a) Marital Residence, The parties acknowledge that they arc the
owners of that certain house and lot and all improvements thereupon situated, which pl'Operty is
titled in Husband's sole name, but which was purchased during marriage, at 1715 Anna Street,
New Cumberland, Cumberland County, Pennsylvania 17070 (hereinaf1er referred to as the
"Marital Residence"), The panics agree as follows with resJlect to the Marital Residence:
(l) Wife shall become the sole and exclusive owner of the
Marital Residence and shall be permitted 10 take any action with respect thereto that she deems
appropriate, Husband hereby waives. relinquishes and releases any and all past, present or future
right, title, claim and/or interest he may have in and to the Marital Residence, Husband shall, at
Wife's request, execute a deed transferring all of his right, title and interest in the Marital
Residence to Wife, which deed shall be held in escrow by Husband's counsel until such time as
Wife refinances the existing mortgage into her sole oame; thereaf1er, the deed will be released
from escrow for recording,
(2) Husband agrees that as of the date of execution of this
Agreement, any and all title policies and any other policies of insurance with respect to the
Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that
Wife shall be entitled to receive any payments now or hereaf1er do under such insurance policies,
(3) Commencing on the execution date of this Agreement,
Wife shall be solely responsible for all costs, expenses and liabilities associated with or
attributable to the Marital Residence, including, but not limited to, any mortgages, any and all
home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and
repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and
administrators indemnified and held harmless from any liability, costs or expense, including
actual attomeys' fees, which mny be incurred in connection with such liabilities and expenses or
resulting from Husband's ownership interest in the Marital Residence. Moreover, Wife shall,
within sixty (60) days of the date of execution of this Agreement, take all steps necessary to
apply with the current mortgage holder of the mortgage associated with the Marital Residence to
have Husband's name released from any liability thereto, Should the mortgage holder deny said
application, Wife shall reapply to remove Husband from liability nssociated with the mortgage
every six (6) months thereafler until such time mortgage holder approves said application, Wife
sha1l have a duty to provide Husband with copies of all documentation evidencing that she is in
compliance with this sub-paragraph within forty-cight (48) hours of submitting of said
documentation to the mortgage holder or upon receipt of said documentation.
(b) Residence at 1318 Green Street. Harrisburl!. Dauphin Countv,
Pennsvlvania, The parties acknowledge that, during separation, Husband purchased a house, lot
and all improvements thereupon situated at 1318 Green Street, Harrisburg, Dauphin County,
Pennsylvania 17102, Wife acknowledges and agrees that said property is Husband's sole and
separate property, and Wife hereby waives, relinquishes and releases any and a1l past, present or
future right, title, elaim or interest she may have in and to the property located at 1318 Green
Street, Harrisburg, Dauphin County, Pennsylvania, including, but not limited to, the house, lot
and improvements and all fumishings and personalty located therein, Husband sha1l be solely
responsible for all costs, expenses and liabilities associated with or attributable to the residence at
1318 Green Street, Harrisburg, Dauphin County, Pennsylvania and he agrees to keep Wife and
her successors, assigns, heirs, executors and administrators indemnified and held hannless from
any liability, cost or expense, including actual attomeys' fees, which may be incurred in
connection with such liabilities and expenses and the property,
(c) Georl!ia Real Estate. The parties acknowledge that, during
marriage, Wife inherited an interest along with her sister in real estate located in Gcorgia, which
is held in trust. Husband hereby waives, relinquishcs and releases any and all past, present or
future right, titlc, claim and interest he may havc in and to the Georgia real estate and any
increase in value that may have accrued during marriage. Wife shall keep Husband and his
successors, assigns, heirs, executors and administrators indemnified and held harmless from any
liability, cost or expense, including actual attorncys' fees, which may be incurred in connection
with the Georgia real estate.
(d) Husband's Real Estate. The parties acknowledge that, during
marriage, Husband inherited an interest along with his brothers in a piece of real estate. Wife
hereby waives, relinquishes and releases any and all past, present or future, right, title, claim and
interest she may have in and to the inherited property and personal contents thereof and any
increase in value they may accrue during marriage. Husband shall keep Wife and her successors,
assigns, heirs, executors and administrators indemnified and held harmless from any liability,
costs or expense, including actual attorneys' fees, which may be incurred in connection with the
inherited real estate.
(e) Furnishinl!s and Personaltv.
(J) The parties agree that they have divided by agreement
between themselves all furnishings and personalty located in the Marital Residence, including all
furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment.
(2) Except as otherwise set forth herein, Wife shall retain, as
her sole and separate property, free of any and all right, title, claim or interest of Husband, all of
the pcrsonalty and furnishings remaining in the Marital Residence.
(3) Except as otherwise set forth herein, Husband shall retain,
as his solc and separate property, free of any and all right, title, claim or interest of Wife, all of
the personalty and furnishings currcntly in his posscssion.
(1) Life Insurance. The parties acknowledge and agree that each
shall retain as his or her sole and separate property, any and all life insurance policies in his or
her name, free of any right, title and interest of the other party. Notwithstanding the foregoing,
Husband agrees to maintain a term life insurance policy on his life, on which Wife shall be
named irrevocable beneficiary, in the face amount of One Hundred and Twenty Thousand
Dollars ($120,000.00). Husband acknowledges that he currently has term life insurance through
his employer, in an amount equal to or in excess of One Hundred and Twenty Thousand Dollars
($120,000.00), on which Wife is currently named beneficiary. Should Husband lose his
entitlement to said term life insurance, either through loss of employment or otherwise, Husband
agrees to immediately take the steps to secure a new term life insurance policy in the face amount
of at least One Hundred and Twenty Thousand Dollars ($120,000.00) and maintain Wife as
irrevocable beneficiary thereof.
(g) Pension and Retirement Benefits. Wife and Husband each hereby
specifically releases and waives any and all right, title, claim or interest that he or she may have
in and to any and all retirement benefits (including but not limited to pension or profit sharing
benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans,
individual retirement accounts or other similar benefits) of the other party, including, inter alia,
Husband's TIANCREF and State Employees' Retirement System Benefits and Wife's Church
Pension Fund, specifically to include a waiver of any spousal annuity benefits and/or beneficiary
designations thereunder. The parties agree that they shall execute any documents pursuant to the
Rctircment Equily Act or any similar act that may be required from time to time to accomplish
Ihe purposes of this subparagraph.
(II) Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property from each to
the other.
(i) Prooertv to Wife. The parties agree that Wife shall own, possess,
and enjoy, free from any claim of husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, togelher with any insurance policies covering
that property, and any escrow accounts relating to that property. this Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
CD Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms ofthis
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
(k) Liabilitv not Listed. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation or other liability, other than those
described in lhis Agreement, on which the other party is or may be liable. A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify
and hold the other party and his or her property harmless from any and all debts, obligations and
liabilities.
(I) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
(m) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefrom, including, but not limited to costs of court and actual
attorney's fees incurred by Husband in connection therewith.
(n) Warranty as to Future Oblil!ations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
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parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees 10 indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in
the event of breach hereof.
(o) Assumption of Encumbrances.
(I) Commencing on the execution date of this Agreement,
Husband shall be solely responsible for any and all liabilities he has incurred in his name alone,
specifically to include any obligations to issuers of credit cards in his name. The parties
acknowledge that, during marriage, the parties incurred approximately $15,000.00 in marital
credit card debt, on two Visa credit cards titled in Husband's sole name, on which Husband has
been paying since separation. The parties agree that Husband shall be solely responsible for said
debt, and Husband agrees to indemnify and hold Wife and her property harmless from any and all
liability, cost or expense associated with or attributable to the marital credit card debt.
(2) Commencing on the execution date of this Agreement,
Wife shall be solely responsible for any and all liabilities that she has incurred in her name alone,
specifically to include any obligations to issuers of credit cards in her name.
(3) Unless otherwise provided herein, each party assumes the
debts, encumbrances, taxes and liens on all the property each will hold subsequent to the
effective date ofthis Agreement. Each party agrees to indemnifY and hold harmless the other
party and his or her property from any claim of liability that the other party will suffer or may be
required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this
Agreement.
Ifunallocatcd fiunily support is temlinatcd pursuantlo the terms of this paragraph while Husband
continues to have a child support obligation for the parties' children pursuant to the Jaws of
Pennsylvania, the matter shall be submitted to thc Domestic Rclalions Section of the Court of
Common Picas of Cumbcrland County, Pennsyll'ania or a similar court of competent jurisdiction,
for the detennination of child support in accordance with the then existing child support
guidelines. Once Husband's obligation to provide unallocated family support terminates,
Husband shall have no further obligation to pay, and Wife waives any right to receive, alimony,
spousal support, alimony pendenle lile, or other financial support payments.
The parties agree that the unallocated family support payments from Husband to Wife
pursuant to this Agreement are intended to be deductible by Husband on his individual tax return
and includable as income on Wife's return for tax purposes. Each party agrees that he or she will
file tax retums consistent with the temlS of this Agreement and both Husband and Wife
acknowledge that the failure to do so shall be deemed to be a breach of this Agreement.
Furthennore, Husband agrees to continue to pay for the children's coverage under AAA
membership up until such time as the youngest child turns eighteen (18),or graduates from high
school, whichever shall last occur, at which time Husband's obligation shall terminate.
Additionally, Husband and Wife agree to share equally the responsibility for each child's
automobile insurance. Nevertheless, each party's responsibility to pay the children's automobile
insurance shall terminate upon each child's attainment of the age of eighteen (/8) or graduates
from high school, whichever shall last occur.
7. CUSTODY. Husband and Wife generally agree as follows with respect to
custody of their children, Daniel D. Bullock, born April 17, 1984, Sarah Ann B. Bullock, born
November 9, 1989, and Joshua C. Bullock, bom July 22, 1991:
stipulated custody order entered by the Court of Common Pleas of Cumberland County
incorporating any of the above generalternls as well as specific provisions concerning periods of
partial custody, a holiday schedule and other miscellaneous provisions.
8. MEDICAL INSURANCE COVERAGE FOR WIFE AND THE
CHILDREN. The parties acknowledge that Husband is currently providing medical insurance
coverage for Wife through his place of employment. Husband agrees to provide said coverage
until such time as a divorce decree is entered at which time his obligation to provide said
coverage shall terminate. The parties agree that Wife shall be entitled to elect COBRA coverage
through Husband's employer for the maximum amount of time permitted by law. Wife shall be
solely responsible for the cost of said COBRA coverage. Husband shall continue to insure the
minor children under his health insurance until such time as he is no longer able to do so or until
such time as more comprehensive health insurance becomes available to Wife at a lesser cost.
Payment ofunreimbursed medical expenses shall be governed under Pennsylvania Support Law
with Husband responsible for fifty (50%) percent of said expenses, and Wife responsible for the
remaining fifty (50%) percent, above and beyond the firstTwo Hundred Fifty Dollars ($250.00)
annually per child on which Wife shall be responsible. If Husband is no longer able to insure the
children, and Wife is required to pick up coverage, the parties agree to share on an equal basis
any out of pocket cost incurred by Wife to insure the children.
9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
solely responsible for his or her own legal fees, costs and expenses incurred in connection with
their separation and/or the dissolution of their marriage, and the preparation and execution of this
Agreement.
10. TAX DEDUCTIONS, The parties agree that Wife shall be entitled to
claim the depcndcncy excmptions on the parties' minor children for federal, state and local
income tax purposcs, and Husband shall rcfrain from taking such exemptions on his tax returns.
If necessary, Husband agrecs to sign all appropriatc IRS forms at Wife's request so that Wife
may appropriately claim the exemptions on hcr return. In thc event the IRS changes its
regulations or fomls, Husband agrees to sign whatever documents may be necessary so that Wife
may continue to claim the dependency exemptions for the children.
I 1. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to bc named as bcncficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall bc decmed to be the estatc of the deceased party.
13. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agrec that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to {l3502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or she may have
in property transferred to the other party pursuant to this Agreement or identified in this
Agreement as belonging to the other pmiy, and each party agrees never to assert any claim to said
property or proceeds in the future. However, neither party is released or discharged from any
obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right .
ofthe other, all items of personal property, tangible or intangible, acquired by him or her from
the execution date of this Agreement with full power in him or her to dispose ofthe same fully
and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out ofthe marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other
law of any other jurisdiction, cxeept and only except all rights and obligations arising undcr this
Agreement or for the breach of any of its provisions. Ncithcr party shall have any obligation to
the othcr not expressly set forth hcrein.
(c) Exccpt as set forth in this Agreement, each party hereby absolutely
and unconditionally releascs and forever discharges the othcr and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities ofthe other or
by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or
under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime
conveyance by the other as testamentary or all other rights of a surviving spouse to participate in
a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state,
commonwealth or territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by the
execution ofthis Agreement an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the other.
14. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
'..
25. AGREEMENT BINDING ON PARTIES AND. HEIRS. This
Agreemcnt shall bind the parties hercto and thcir rcspeetive heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
26. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discusscd its provisions with an attomey of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement bctween the parties concerning the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
27. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attomey's fees, costs, and other expenses actually incurred as
a result of such failure.
28. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be .
merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
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ROBERT BULLOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNSYLV ANIA
v.
NO. 98-4299
KA THERINE HARRIGAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE FOR WITHDRAW OF APPEARANCE
Please withdraw the appearance of Weintraub & Associates on behalf of
Plaintiff, Robert Bullock, in the above captioned matter without prejudice.
Date:
(0 fr& /9 <6
I
~0
Edward J. Weintraub, Esquire
Weintraub & Associates
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on behalf of Plaintiff, Robert Bullock, in the
above captioned matter.
Date: j;/~~J
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tifl1ft&1 ~. tl<<'____
Barbara J. Pa}t'on, Esquire
Attorney 10 No. 60731
126 Locust Street
Harrisburg, PA 17101
(717) 260-0545
ROBERT BULLOCK,
Plaintiff
'N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAI\I'A
v.
CIVIL ACTION - LA W
KATHERINE
HARRIGAN,
Delendant
NO. 98-4299 CIVIL TERM
ORDER OF COURT
AND NOW, this 2ih day of November, 200 I, upon consideration of Plaintiffs
Petition To Remove Case from Purge List, and the proceeding on removal of eases from
the purge list having been conducted on October 30,2001, and this case not having been
saved from purge, Plaintiffs petition is denied, without prejudice to Plaintiffs right to
petition to have the case reinstated as an active case.
BY T/-IE COURT,
Darren 1. Holst, Esq.
130 Walnut Street
P.O. Box 810
Harrisburg, I' A 17108
Attorney for Plaintiff
!!~eat :Y
pWesley Oh~r,Jr., J.' . ~
\\'~
Ms. Katherine Harrigan
1715 Anna Street
New Cumberland, PA 17070
Defendant, Pro Se
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7. On November 19, 200 I, counsel filed a Petition to Remove Case from
Purge List since counsel was only retaincd to rcprcsent PlainlifTon Octobcr 31,2001. A copy of
said Petition to Remove Casc from Purge List is altached hereto as Exhibit "A" and is
incorporated herein by referencc.
8. On Novcmber 27, 2001, thc Court, per the Honorable Wesley Oler, Jr.,
issued an order denying Plaintiffs pelition inasmuch as the case had already been purged on
October 30,2001, one day before counsel was retained. A copy of the court's order is attached
hereto as Exhibit "B" and is incorporated herein by reference.
9. The court's November 27''' Order provides that Plaintiffs petition to
remove case from purge list was denied without prejudice to Plaintiffs right to petition to have
the case reinstated as an active case.
WHEREFORE, as Plaintiff intends to pursue the divorce action, as evidenced by his
retainment of new counsel on October 31,2001, and given the fact that the court's order of
November 271" was without prejudice to seek reinstatement, Plainti ff respectfully requests the
court enter an order reinstating the above-captioned divorce action as an active case.
Date:
/?-/; ;;-10 I
Respectfully submitted,
c;
Darren J. Hol , Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg; P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Robert Bullock
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT BULLOCK,
Plaintiff
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
v.
NO. 98 - 4299 CIVIL
KATHERINE HARRIGAN,
Defendant
ORDER OF COURT
AND NOW this
day of
, 2001, upon consideration
of the within Petition to Remove Case from Purge List, it is hereby ORDERED and DECREED
that the above-captioned divorce action will not be purged and will remain active.
BY THE COlTRT:
J.
EXHIBIT
! \' A"
.".
IN THE COURT OF COMMON PLEAS OF CUlvfBERLAND COUNTY, PENNSYL VANIA
ROBERT BULLOCK,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 98. 4299 CIVIL
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KATHERINE HARRIGAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO REMOVE CASE FROM PURGE LIST
Plaintiff Robert Bullock, by and through his counsel, Howett, Kissinger & Conley, P.C.,
hereby petitions this Court to remove the above-captioned divorce action from the existing purge
list, and in support thereof states as follows:
1. Plaintiff filed a Complaint Under 93301 of the Divorce Code on July 24,
1998 through his counsel at that time, Barbara J. Patton, Esquire.
2. On October 31,2001, Plaintiff retained the firm ofHowett, Kissinger &
Conley, P.C. to represent him in the above-captioned divorce action.
3. Plaintiff's counsel is in the process of attempting to contact Attomey
Patton for the purpose of obtaining a copy of her file in order to proceed with this case. Said
attempts have thus far been unsuccessful.
WHEREFORE, as Plaintiff Robert Bullock intends to pursue the divorce action, he
therefore requests that this Court enter an order stating that the above-captioned divorce action
will not be purged and will remain active.
Respectfully submitted,
Date: I/}"tl
J;L V .~(-.
/" Darren J. Hofst, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street/P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Robert Bullock
5. In rcsponsc 10 said pelilion. Judge Olcr issucd a Rule 10 Show Cause 011
December 31,2001 rcquiring Defcndantlile an answcr to lhc pctition. Said Rule was relul11ablc
no later thantwenly (20) days from scrvice thcreof. A copy or lhe Rulc is altached hcreto as
Exhibit "B" and is incorporated hcrein by referencc.
6. Copics of the Rule werc served upon Plaintiffs coullsel alld Defcndant,
who is proceedingprose, on December 31, 2001. Plaintirfs counsel receivcd the Rule on or
about January 3, 2002.
7. Assuming, arguendo, that the Rule was not received by Defendant until
January 4, 2002, the Rule was to be rcturnable no later than January 24, 2002.
8. As or January 29, 2002, Plaintiffs counsel has not received an answer in
response to the Rule to Show Cause, and a check of the docket activity at the Prothonotary's
Office shows that no answer to the Rule to Show Cause has been filed as oflhat date.
9. Under Rule 206.7 of the Rules of Civil Procedure, if a party rails to timely
file an answer in response to a Rule to Show Cause, the proper procedure is for the petitioning
party to motion the court to make the Rule absolute.
10. Under Rule 206.7(a), a failure to file an answer in response to the issuance
of a Rule to Show Cause may result in the avemlents of the petition being admitted for purposes
of disposition of the petition.
11. In light of Defendant's failure to Iile within a timely fashion an answer in
response to the duly issued Rule to Show Cause, the court should make the Rule absolute, deem
the avernlents to Plaintiffs Petition to Reinstate Case as an Activc Case admitted and thereby
grant Plaintirfs request that the above-captioned divorce action be reinstated as an active case.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT BULLOCK,
Plaintiff
}
)
)
)
)
)
}
CIVIL ACTION - LA W
IN DIVORCE
NO. 98-4299 CIVIL TERM
v.
KATHERINE HARRIGAN,
Defendant
ORDER OF COURT
AND NOW, this _ day of
,2001, upon consideration of Plaintiffs
Petition to Reinstate Case, it is hereby ORDERED and DECREED that the above-captioned
divorce action is reinstated as an active case.
BY THE COURT:
Wesley Oler, Jr., J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT BULLOCK,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 98 - 4299 CIVIL
KATHERINE HARRIGAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
r.
"
CERTIFICATE OF SERVICE
. I, Darren J. Holst, Esquire, counsel for Robert Bullock, Plaintiff in the above-captioned
action, hereby certify that a true and correct copy of the foregoing Petition to Remove Case from
Purge List was served upon Defendant Katherine Harrigan, by depositing same in the United
States mail, first class, on November 19, 2001, addressed as follows:
Ms. Katherine Harrigan
1715 Anna Street
New Cumberland, P A 17070
D", / /h ik i
'i) ~W-
/lSarren J. Hol , Esqt!ire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street! P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Robert Bullock
---
----
ROBERT BULLOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LA W
v.
KA TI-lERINE
HARRIGAN,
Defendant
NO. 98-4299 CIVIL TERM
ORDER OF COURT
AND NOW, this 31st day of December, 2001, upon consideration of Plaintiffs
Petition To Reinstate Case as an Active Case, a Rule is issued upon the Defendant to
show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days from service.
BY THE COURT,
Darren J. Holst, Esq.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Attorney for Plaintiff
{l ~ .{f)JJ
L}~:3}'OI f:By"S
Ms. Katherine Harrigan
1715 Anna Street
New Cumberland, P A 17070
Defendant, Pro Se
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