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HomeMy WebLinkAbout00-07091 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'r.1 r '" '-', if . . . . . . .. .. . . . ,,-' " ,,-..1,; "', "1 ~;-- --, .. . '" '" :f. '" :f. '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LORI D. HENNESSY. PLAINTIFF No. 7091 VERSUS BRIAN M. HENNESSY, DEFENDANT DECREE IN DIVORCE AND NOW, aJ~' DECREED THAT LORI D. HENNESSY AND BRIANM. HENNESSY ARE DIVORCED FROM THE BONDS OF MATRIMONY, - 0(1) ,1 ~:a'f f~. . IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; MARITAL PROPERTY SETTLEMENT AGREEMENT DATED NOVEMBER ?, ?OOI IS INCORPORATED HEREWITH. '(Jw.~PROTHONOTARY . . .. . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I .-~_.,--' "1~ - ~'I , ,~, ".',1~"", " ,7~- /dl. };t?/ I;;; Yt?f '-. . - ~" .. d,/- /~ ~~~.aJ 'J1k ,m~/ -d a::! ~I ... _~ ~1!I'lrnIll~1'J!r~ Il., .":<rn",,,!"~"', ~,~,~ml~~.~~'I<'!!I , i . 'ffil'-Wi'ffli!ilffl~_~~, ,_ . ~"> , ~'-'~'. <f ~,'"" --.- _.1 ' >'C_'_b"_""r..,_ '-"/--:,; ,. .' . 'At " LORI D. HENNESSY, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW BRIAN M. HENNESSY, Defendant : NO:: 00-7091 CIVIL TERM : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this M day of -\'J\v ., ,2001, between Lori D. Hennessy (hereinafter called "Wife") and Brian M. Hennessy (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on March 14, 1997, at San Antonio, Bexar County, Texas. There were no children born of this marriage. .:..---- ' Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; (3) 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 the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: ._,t._ _ .'^ ,:~',~~, -.:.1--; '- ,-, ';,"~~--;"" ,. ,--,-,' :Iiilikli~~ ~ ,. 1. AGREEMENT PREDICATED UPON DIVORCE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this agreement, or as soon as possible under the terms of said Divorce Code, if said docwnents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including Affidavits of Consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to flnali7.e the divorce, said failure or refusal shall be considered a legal breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 2. EFFECT OF DIVORCE DECREE Unless 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. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. 4. NON-MERGER This Agreement shall not merge with the divorce decree, but rather, it shall !Ontinue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Gregory L. Cutler, Esquire for Wife, and Joanne Harrison- - II'J;..I ",,+,- -;,,,-'. .I;;;"'-","--;'>---l~~' -"'--'~";;:<-;',;';'" -< - >" "~':~L Clough, Esquire, for Husband. Each party acknowledges that she or he has received independent colUlSellegal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his 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, after having received 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 collusion or improper or illegal agreement or agreements, 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unrnanied. Each may reside as such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuatio!l~their living apart, Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 7, PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in possession of Wife shall .:...---. -', - " " "~,' -- I -,,' - ", - I-~~-' .'"', -. ,"j,--' ,;" :___;,.'" , ~';' ,] -'-;', < be the sole and separate property of Wife, Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other, 8. SUPPORT The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves, sufficient financial resources to provide for their comfort, maintenance and support, in the station oflife in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance after September 1, 2001. It shall be from September I, 2001, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party, 9. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the fiaaRGial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party, 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisal or otherwise. Both parties understand that they have the right to have a court hold bearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations -,--,-- ,.. ."Ie-,," --~ ,;' ;, '-",,--~-- - '-":"".:--c , might be different from the provisions ofthis Agreement. I Each party hereby acknowledges that this Agreement is fair and equitable and it adequately provides for his or her needs and is in his or her best interest, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventorv: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in-instances where such income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court, c. Discoverv: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this agreement, out of any child support action, or out of any proceedings in which discovery is specifically ordered by the court, d. Determination of Marital and Non-marital Propertv: The right to have the court determine which property is marital and which is non-marital, and equitably dislribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, -~ remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses, , . '- ,. ~ - , ~.I-", "';~.:- -,_-'!" -, - , '"-,, -~ 11. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: a. Claims Against Prooertv or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whcilhel arising out of any former acts, contracts, engagements or liabilities of such other. b. Dower. Curtesy. Widow's Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or 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. c. Lifetime Conveyances: The right to treat a lifetime conveyance by the other party as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country, d. Marital Ri2hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, o I ~ - .,", ~'~",",,,,"I~,--:.;; ",,-, -'^'.',--'__.",,_,-_ " ^-'--:. e. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 12. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 13. 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. 14. INTEGRATION c~ This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein, 15. NO WAVIER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such -"'" ~ l..;" - ".Ic:<:i,~", <', '---' ^ '';'" -, ~-', ' -';"^li': party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or i similar nature, nor shalI it be construed as a waiver of strict performance of any other obligations herein. 16. BREACH If for any reason either Husband or Wife fails to perfonn his or her obligatioiisowed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shalI have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party: a. Specific Performance: The right to specific performance of the tenns of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance, b. Damages: The right to damages arising out of breach of the te~ of this Agreement, which damages shalI include reimbursement ofall attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502 (e) of the PelUlsylvania Divorce Code, 23 Pa. C.S.A. 3S02(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. 17. LAW OF PENNSYLVANIA APPLICABLE This Agreement shalI be construed in accordance with the laws of the Commonwealth of ",..,,;;,-,'1-" ,-,'-,-,-'=-';:;' _",,-"'_ :._: . Pennsylvania. i' 18. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be. stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way void or alter the remaining obligations of the parties. 19. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 20. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: a, Prior Returns: The parties have heretofore filed joint federal and state returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such taxes made against either of them, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual whose filing is determined to be the cause of the misrepresentations or failure to c~ disclose the nature and extent of his or her separate income on the aforesaid joint returns, -,,--< 'J, >' I '-'-"'~"'~';;';'~-'-',> '-'10', .:..-. b, Current and Future Returns: The parties shall file individual tax returns hereafter. 21. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even ifthe parties reconcile, cohabit as husband and wife or otherwise, or attempt at reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. FINAL EOUlTABLE DISTRIBUTION OF PROPERTY .:..---- . The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts, It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 23, AFTER-ACOUlRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by hi'mor her, since October 16, 2000, the date offiling of the divorce complaint, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to . __. _C'. - ..'c, ,'.;' ',I', ~^. ,:,,^~__;;, ",~,"_, _ ____,', ' ..; , the terms of this paragraph, i 24. WAIVEROFINHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest in claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 25. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever ab~ all of their right title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Defer Savings Plan, any employee benefit and/or other retirement type plans of the other party, whether acquired through said parties employment or otherwise. Hereafter the retirement plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the retirement plans distributed to him or her pursuant to the tenus of this paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdraw, 26. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the accounts"), Hereafter Wife agrees that all accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the accounts that are to become the --, , -, ~ ~,;' ,; ,',I" ":,~ -"-~d_'i"";'<" ,", ~ -,t ',c," sole and separate property of the other pursuant to the tenns hereof, I' 27. MONETARY PAYMENT In consideration of the division of the marital assets and debts herein provided, Wife shall pay Husband the sum of Five Thousand ($5,000,00) dollars, said payment shall be made upon the entry of a final divorce decree. The check or money order for said amount will be delivered by Wife's Attorney to Husband's Attorney. 28. TAX PROVISIONS The panies believe and agree that the division of property made pursuant to the tenns of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the tenns of this paragraph on his or her applicable federal or state income tax returns, 29. WlFE'S DEBTS c~ Wife represents and warrants to Husband that since the parties marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save husband hannless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 30, HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties marital separation, he has not contracted or incurred any debt or liability for which Wife or her estate may be responsible. ,:. ,'.eO ~-"I~',,;< ~ '.' '~-'~-'~:~-~"-' ~,,-- Husband further represents and warrants to Wife that he will not contract or incur any debt or !' :.---- liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims made against her by reason of debts or obligations incurred by him. 31. MARITAL DEBT Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 32, COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one in the same Agreement. 33. FACSIMlLE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto, BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFI'ER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement in various counterparts, each of which shall .:..----. constitute an original. "- ",; '~, I ,~_ "',.-' ',<"<',;L,:,'. c';).. '-" ~_,; t~ .. . . , COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) ON TIllS, the day of .2001, before me, the undersigned officer, personally appeared Lori D. Hennessy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and ackoowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, (SEAL) Date: Lori D. Hennessy COMMONWEALTH OF PENNSYLVANIA ) : SS, COUNTY OF CUMBERLAND ) ON TIllS, the ~ day of ~~~ .J . 2001, before me, the undersigned officer, personally appeared Brian M. Hennessy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and ackoowledged that they executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. . NANCV ANN DRISCOLL~. /) fl; d /J Notary Public ~ /UJAl1'j fA, "(7/l./LlL'.fi-U .,A."SEAL) My Commission Expires i.e. ...., May 20, 2005.. ,..'..k-J:........ .. Date:2J5 c:c..-}- 0 I -~ ~~~''- .. e\\ \oY'l cLo COMMONWEALTH OF PENHS'i'L VANI:<\ ) : SS, COUNTY OF Cm.:WliM ~Jl) ~ ) ON TIllS, the 'Bl'\o\. day of l)~ ,2001, before me, the undersigned officer, personally appeared Lori D, Hennessy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknow ~..~V.!i0 that they executed the same for the purposes therein contained. ,:;.......... ........ IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~l \f;,:.:c';~\\fi;. '\ ~\ i ',3,,",,) jO.lj ':. 1':'''t;t~\:,,, &::.ft'! .'" \)~"~"",, l ~ :.' ". ....~ J .' ~ ;fii'fc~~ .. ,.;.-" ~ ~. I HI ~ ..> Date: cKnU{J ~__ Lori D. ennessy . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND .-,,'.,..' ) : SS, ) ON TIllS, the day of , 2001, before me, the undersigned officer, personally appeared Brian M. Hennessy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, (SEAL) Date: Brian M. Hennessy {''':>>'' .k ~~mDi~iMI~~Ifi<"~jj)'<'~!lil~~~,,,,~."'.k"''':Wlli''';~~ililI~lliiti~dL.-ih .. ,'""'.,,. \'~_! ','H,' ,',""",~~ _ A_", ~~ ,,~ ^_". ,J ,"_n __ C", ~---' ~""<--'-" , (', ~ r~-~ t:~~- -':;'>'-"- <10--....." 2:C ~t; -"'0 L:. .f---~. c-'--_J p~ ~ -? .,,:,,- =< ..J " I C~-! :c.r: '--S':, .... '" I OJ ~,) (" M , " 1=- "' - . ....-ii!I'~ib' ! . '. LORI D, HENNESSY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVil., ACTION - LAW BRIAN M, HENNESSY, Defendant : NO, 00-7091 : IN DIVORCE CIVil., TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: . 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code, 2 Date and manner of service of the complaint: October 30, 2000 at 1 :00 PM, by Pennsylvania State Constable Irving Walace, 3, (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: November 13, 2001; by Defendant: November 2,2001. 4, Related claims pending: None, 5, (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: November 30, 2001. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: November 8, 2001. Respectfully Submitted, Date: 11/;0/0/ By: If'~'- ';';~~~~~M~lli-'ib -.,~ ,,', .", -->""~""~-, ,._,~" .,. ,~~~ ~ '" ",-;> ,~ LJdiilt ;" , .... '''''" ',,~ ' () f: <'" "tlf;'; !i1r"; I~ ~c' ~(j --c )>:c::! ;;? -::; -< M < _ ~~ --,,' ~""~. . o '~1 - C5 ~"'':: (~.) !::: '-'''; '~'~~) ~;J\~l (.')n--. S;: ::0 --< o "'b ::I;; ~ a Q') ~ ,'" ~. -' , '-~M;i,.pAf A . .. . .... LORI D. HENNESSY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW BRIAN M. HENNESSY, Defendant : NO. 00- 1o'l'/CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA I70B Phone: (717) 249-3166 ~ ~,""'. ~. ,~ " L ~~-*",,;f,w "" . ' .' ~, LORI D. HENNESSY, : IN THE COURT OF COl\1MON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff v. BRIAN M. HENNESSY, : NO. 00- 109/ CIVIL TERM : IN DIVORCE Defendant COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Lori Denise Hennessy, who currently resides at 312A Lovell Avenue, Carlisle, Cumberland County, Pennsylvania, since November, 1997. 2. Defendant is Brian M. Hennessy, who currently resides at 312A Lovell Avenue, Carlisle, Cumberland County, Pennsylvania, since November, 1997. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing ofthis Complaint. 4. Plaintiff and Defendant were married on September 27,1997, in Dundee, Tuscarllwas County, Ohio. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. , J , , Date: .. . . . ,~ ~. ~~ , ~.' 8. Plaintiff requests the Court to enter a Decree in Divorce. loll J!DO By: l.~if!L Attorney for Plaintiff 50 E. High Street Carlisle, PA 17013 (717) 258-8558 ID# 73471 - -i~, ,--- - ,"""", ''''l7iit'~~_J'- . ' ... . . ..' VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: /:1 t:J<i j. {30 of~ () ~r Lori D. Hennessy, Plaintiff """'"~~~~IMiiit"";" rt IS '- l-> ~ -<: "- Q _~ M " ~,,~ " - , .~ -j/; ,;",,>~~~"--'-~" "_ __ ,','__=,r_'",---'-_~' "" ~~/""'",""~'.'",-",'," _,'C','__"_', _'~""':""''''O_",,,_,,", ~"'" ,""" , ,-,,-,;*~-," . '" a... ,,,.I "~ -,' , - ~,~ .-,-' ,< - ~ ] ~ d .. ...... 5'1 "-.l c:: ~ c, d t r ,^", ".,O,_,_""P,,"-,-, ","'_',' (') i~ \Jri-: rllr.'~ ~;~;,.-: (/) '"'-" -.:" ,C,,_ r-==f- -.;-:::-- .- ;if:: p -' '; ::::j -< :.n l'v 'I . . ~ r~ cS C) r:> "-; ~~1 ,1.27 c'} C,] '-; :.-i ::::) -< -,...' ,.. ~~,~ ~, .,~_o=,~} -, - , ^ I ^ .- "w'~~'f;liW.!:" LORI D, HENNESSY, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW BRIANM, HENNESSY, Defendant : NO,: 00-7091 Cl~ TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 1( c) of the Divorce Code was filed on October 16,2000, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 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, 9 4904, relating to unsworn falsification to authorities. Date: 1371o-v-()} rX~ 0- .AtA1~ Lori D, Hennessy 1IIiiIiilIiIiI~~i~m~iiltl<li~_~*.o"'<J;;._b","i!l,~;r~i~~~"'-'l!im-I_.li~ 1itIi ~-.""- . .",' ~" , ,,= _~~_<~"~_,,,~ "-d__" ~,' ",' ^~- ~ ~U'~' '. ~,,,,",",,,-o;, . ^ " ". .'- ,"'.~ , ~" , .~, 0 C:,t C $: :z -U-n ml...-,: C:) z-fT~ "- -r !'~~ Z~' C.',) 65?-:' 0 , -'-' ~e~ :;2 ~') ~o ~~ ~~ )>0 ('5 c:: ~) ,---'" i'\-; ,~ Z C> ?Ii =< tn -< " ,,---,.j: --,"--, ,.~ ~ '''_I ;,,_ -,-1- J__I J' ~I..; ,-, " ;'A',- >o,<} LORI D. HENNESSY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION ~ LAW BRlANM. HENNESSY, : NO. 00-7091 CIVIL TERM Defendant : IN DIVORCE Plaintiff v. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 16, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 11- 2..~ 0' ~~ Brian M. Hennessy _l1iilrllil.~IMi"'il~'if~~~l!~I@'~i;e-~rt;n;l'M. 1 ,,~. ~_~,~,=" ., ^~ ~,k ~, '1" _,_,_0">,, "-;, HiIi."-' I ..... - " <-, ~, . () ,- ~ "Dee mr;---; 2-T' ~s- -<"'. ,$(~~' _~r-) Zr J; c:~ Z -I -< =-.~ -'~ , , I , , II II II 'I o () "if - "'''C_ ::':) ,~ ~ f CO '_I:: ::'2 .,- ~~) ~v <n ~7}i~ :~j--" ~ -< l -" ~""*,, .... LORI D, HENNESSY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW BRIAN M. HENNESSY, Defendant : NO,: 00-7091 CIVIL TERM : IN DIVORCE WA~ROFNOTICEOFmTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C, S, ~4904, relating to unsworn falsification to authorities. Date: /,311lJ1r() I 4Yu-) D ~1}L1~ Lori D. Hennessy lit L,,;' " ^ '" :Mj_l~'- ~"""""""",. '~"" 111i$1tiiluhJl;tid"'i;..rn,,>~,,,~~~ "liIlh'~--~ ~- " -. .... ,"~ " ,~ -, ,~, ,.-", " ,I ~" ',,---'"- =- ,'- ,'-" ,'~ ~" ,? '", 0 0 C 0 ,S': ---n '7' ;;e ,:-1 nl;::"'::-, c:> "':71.,_, ....::;: ., ~:1,: .- (i)' C) " ;,-! -~- ~:Z~ a , 1::7 ~c; -0 -.:~; t~J ',- ;2:0 ::::t:: "On pO ~5f~ c ~;J z 5J ::< 0 (1) ::0 -< 'j I. ' ..... . LORI D. HENNESSY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW BRIAN M. HENNESSY, : NO. 00-7091 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE Ul'IDER ~ 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities, Date: Il-z.-o( &~ Brian M. 'Hennessy ~- '-.'_~"'~';;;.k>. ,:'L, ",.00",,,, ~"'~- ,~",--<-,,, . . ""-"'<'~>"-~.-'~~"'< ", ~;.-, '~',-," ';"b-."~~Jl,,,:';""""-'--"Y'''lliil:r 10;1''''''''.;0 '''""",'"',",,'_,.,'^..<,, ---I .lJn ---'~~ j'" o c s.: -0 CD 1118 :;;:~=c z:c ~t.~ """' .E; Cl L.. (~ p~ ::~ -< '" ~ ,~" '[ I I I I I i I , c! z o ~ , 0) ~.~~ ;-~; .r' .-'--"- -:.",) 0"> , , ~ :D ~'< r ~L ' ~~~ "lrAIi4 ~~!t~l.;{;'l"'" ... . .. LORI D. HENNESSY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 00- '701/ CIVIL TERM : IN DIVORCE BRIAN M. HENNESSY, AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 7th day of November, 2000, I Gregory L. Cutler, Esquire, Attorney for Lori Hennessy, Plaintiff in the above-captioned action, hereby certif'y that a true copy of a Divorce Complaint was hand delivered by Pennsylvania State Constable Irving Wallace, of3 East Louther Street, Carlisle, Pennsylvania, on October 30, 2000 at 1:10 PM, An original signed receipt, signed by Constable Wallace, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Dated: 1//7/00 By: fa . Cutler, Esquire , . FOR: REGARDS: REMARKS: ;,' '_Co:;'; " '. gruiny Wallace '}Jennsyluania c5/a/e Gons/able .5 /Jas/ Sou/ller c5/ree/ Garlisle, '7JJI 170n November 2, 2000 PauL Orr, Esquire 50 East High Street CarLisLe, PA 17013 Brian M. Hennessy CiviL Action - Law NO. 00-7091 Served Brian Hennessy October 30, 2000 1: 1 0 PM $ 25.00 PLEASE REMIT FEE OF: Irving Wallace Pennsylvania State Constable 5 East Louther S'Ueet . Carlisle, PA 170.13 ... 'Yllone 717-243-677<5 '}Jayer 717-241-7.5.57 Yax 717-243-7937 Exhibit "A" ~.C]j~wr~'-; ~''''''' ~~,~i, 0" ;.,'-',:;,>',,-;....,'. "-,^ :--""'~i'.' , ''""1 l ...... ." ,,,, ~: ' .. .,.w",:.l,!'if!fr,;L"tJJ<-lJK~"",,~~,,~ _~._ ,~ ,""""".-"' _~,,_, '"', ~-"'", ~ , ,""',-~- ,~,- ,^,,,,", ", ,~'-',~ ' ,.,~',,'~ . ~, ,,'"'" ,~" ""k .",.-0" ,-. .~ ..-~- ,... ,~ ~" "" y, .'-<, . '. "-,-,,"0;' ~ ' . 0 c:> C). C- O -n S. ~ :.:J -oeD 0 '" rnp"\ ~ , '- Z"5J -,~~~ ~? zc;:.. -l ~Z ',,:,::'\{~ ~C-.J -0 ';~2'~ ~o ~ ;p;2 CiJ ?j r\! ::.; ~ N 5? (,.) -< ~r ~- ,'I ~~ -~ L...... ~~~A"",~- REAGER & ADLER, PC By: Joanne H. Clough, Esquire ID #36461 2331 Market Street Camp Hill, PA 17011 717 -763-1383 Attorney for Defendant LORI D. HENNESSY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW BRIAN M. HENNESSY, Defendant : NO. 00-7091 CIVIL TERM : IN DIVORCE DEFENDANT BRIAN M. HENNESSY'S ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, this.J::2J day of November, 2000, comes Defendant, Brian M. Hennessy, by and through his attorneys, Reager & Adler, PC, and files the following Answer and Counterclaim to Divorce Complaint and in support thereof avers as follows: 1. Admitted. 2 Admitted in part; denied in part. It is admitted the Defendant is Brian M. Hennessy. It is specifically denied that he resides at 312A Lovell Avenue, Carlisle, Cumberland County, Pennsylvania. To the contrary, Defendant resides at 104 Spruce Hill Avenue, Florence, Massachusetts 01062. 3. Admitted. 4. Admitted. 5. Admitted. ,-~" ~Ji~~~lt: , . 6. Denied. It is specifically denied that the marriage is irretrievably broken. 7. Admitted. 8. Admitted in part; denied in part. It is admitted Plaintiff requested the court to enter a decree in divorce. It is specifically denied that Plaintiff is entitled to a decree in divorce at the present time. WHEREFORE, Defendant respectfully requests this Honorable Court deny the Complaint for Divorce. COUNTERCLAIM COUNT I - ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 9. Paragraphs I through 8 are incorporated by reference as if fully set forth at length herein. roo By reason of this action, Defendant/Counter-Plaintiff will be put to considerable expense in the preparation of his case in the employment of counsel and the payment of costs, II. The Defendant/Counter-Plaintiff is without sufficient funds to support himself and to meet the costs and expenses of this litigation and is unable to appropriately maintain himself during the pendency of this action. 12. Defendant/Counter-Plaintiff is presently unemployed and his usual income is not sufficient to provide for his reasonable needs and pay his attorney's fees and the costs of this litigation. 13. Plaintiff/Counter-Defendant has adequate earnmgs to provide for the Defendant/Counter-Plaintiffs support and to pay his counsel fees, costs and expenses. ~"""""" ~~ "W" ~ ~ L 1-_~iWIhi~~,"-,~; . WHEREFORE, Defendant/Counter-Plaintiff Brian M. Hennessy tespectfully requests this ! Honorable Court enter an order for alimony pendente lite, counsel fees and costs, and grant any ! further relief this court deems appropriate. Respectfully submitted REAGER & ADLER, P I By: Joanne H. Clough Attorney for Defendan - - .1 ~_IiIIlIIIii!IIoj~,~_@MH4;'_ . . . VERIFICATION I, Brian M. Hennessy, hereby verify that the foregoing document is true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, S4904, relating to unsworn falsification to authorities. Date: '2.1 NotJCC) &h-:"~Jp Brian M. Hennessy ~..< -~'- ,~~~ ""...~,~l, '--~: . .' . . ".. LORI D. HENNESSY, Plain.tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW BRIAN M, HENNESSY, Defendant : NO, 00-7091 : IN DIVORCE CIVIL TERM NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, haven been granted a Final Decree in Divorce on the 4th day of December, 2001, hereby elects to resume the prior surname of Sigrist, and gives this written notice pursuant to the provisions of 54 P,S, ~ 704, DATE: ~/ {} rdA1Mf<1>1;r Signature of~ 0. l' '-j- Signature of n:tbeing resumed ~~zJ:j3~~ SHIRLEY V. BECKER NOTARY PUBLIC STATE OF COLORADO My Commission Expires 06/0612004 ~~ {!~ ~i~~~f~~~"'.1ffl!!~J'd""';;"i!.~1!;i.i"l;"'hI.klriWi"'-."=-ll . ^~~ ~ ~ " ~ -. - , ,,-,,~ .--" ", ".~....",", ,-' ','_~_t __"",.,,,. "'" II -,,- ',-~ I~, '" llll!lillill ""_u. -'li;ll -.. . () a c: c' _J -oS:: " ~ -Y co 0 Q)r:n i"'l '*'=-- "'--<.' ("") ~.d <:) Zr" '" :2(-n Q S9)2:~ ~ ~ kC1 0:> ?"y :--:;c, CS' ~ ~(') v -;-~n -- ::t:: 22; ..,.j ~ ;)>0 ~ c: OfT! -ll ~ ~ ,::::> s! I- CJ1 :D ~ -< ~ CI\ --"'- ,~" ''" ~ ",', tt ," ",,_c, ~_,"