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Home My WebLink About01-2378 FX .: lie . . . . . '" '" "'''' '" '" . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MaNICA A. SULLIVAN No. 01-2378 CIVIL TERM . Plaintiff. . VERSUS THOMAS P. CAREY . . Defendant. . . DECREE IN DIVORCE NOW'~ ~ ~f, IT IS ORDERED AND . . AND . DECREED THAT MONICA A. SULLIVAN , PLAINTIFF, . AND TH OMIl.S P. CAREY , 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; NONE IT IS FURTHER ORDERED, ADJ1JDGED AND,DECREED THAT THE TERMS, PROVISIONS AND CONDITIONS OF A CERTAIN MARRIAGE SETTLEMENT AGREEMENT BETWEEN THE PARTIES DATED MARCH 21, 2001 AND ATTACHED HERETO ARE HEREBY INCORPORATED IN THIS DEC BY REFERENCE SAID REEMENT WI T SURVIVE THIS DECREE. . . PROTHONOTARY :F.";"; :F. . . . . .'\If. ~ """''''-~'"""" ." .",~ " ",~-.T "'. ,. .0, '0'_"1"'" 1 "., ':'1.. ., ~.~, 'I" " r'.. ~ ,", . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . " ,'." ~, i~~M~~~W.~~iIiit~kt'~...i-6lh;'"~i,,~a;~cl!itl!1i1u1t8ti1l~~--"~'''' >~ ~'-"~ H-iI'~iiiJll' ~ _"""-"'~" . h.- ,.. " '0' ",."" 'liiIiIliII\l!:.i. I ~I I I I i 0/'. /~-t7/ &d ~. ~ Z- 4 ~ ~./C;0'/ ?1tT?:~ /~ h ~ ~ ~ ""..-.-...... '"". ".,~ .'. ~- ~,"'~--".~.>~. ~ . - ,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN No: 01 - ,),371> Ci()~l~~ Plaintiff, v. Defendant. DIVORCE COMPLAINT SECTION 3301 (c) DIVORCE CODE THOMAS P. CAREY FILED ON BEHALF OF PLAINTIFF: MONICA A. SULLIVAN JAMES C. KLETTER, ESQUIRE ATTORNEY FOR PLAINTIFF PA I.D. 11207 331 PARKWAY DRIVE PITTSBURGH, PA 15228 (412) 388-1478 (:'-~, ~__O,__,-'_ ", ~_ _ _ ""'_'.,< ,_"'.~".";"_ t,__,,_,'_ < . "----,":;"-:.-~"'I"~ '''~~-c-~'r-,-,/" --,'-,.",,-."'"'., --'_-'-'':~I_;H<_ ,n__,,, 'r.'- ,~ ~>,,~ _, 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION v. No: 01- ;l3?f ~ '..LA/>'< Section 3301 (c) Divorce Code MONICA A. SULLN AN Plaintiff, THOMAS P. CAREY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 1 Court House Square, 1st Floor, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 LmERTY AVENUE CARLISLE, PA 17013 Telephone (717) 249-3166 ~-'f'''-'~ '-^.' '_.,r"".", <',;__.. ~,~~ ~ ~o ~ ~ '^~ ~ "'~ C,', _.1 ___._,,_,_,~,_ '."_''_''-,_"'_ '--,_,' ~-, --, ~-'h >'. _~_ ,~o___ ,~~_ ," ~-:" .. COMPLAINT IN DIVORCE COUNT I 1. Plaintiff is Monica A. Sullivan, who currently resides at 470 Jayson Avenue, Pittsburgh, Pennsylvania, 15228. 2. Defendant is Thomas P. Carey, who currently resides at 133 West Locust Street, Mechanicsburg, Pennsylvania, 17055. 3. Plaintiff and the Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 6, 1995 at Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or for armulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised by her attorney, James C. Kletter, Esquire of the availability of counseling and that she has the right to request the Court to require the parties to participate in counseling. Plaintiff hereby waives the right to request such counseling. 8. Plaintiff requests the court to enter a decree of divorce. 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. ~d~~ Monica A. Sullivan' Plaintiff C- ames C. Kletter, Esquire Attorney for Plaintiff Date: April Lf:u 2001 331 Parkway Drive Pittsburgh, P A 15228 (412) 388-1478 -,~",-,\\c,','JFI=."c.;,c--" ";"_",,,. c'"'~',!",~.-<l" ..'"'.-."<"'~Jfl".~.~ -"~:!".' "",_,_. '1"1.""" . '1' "~._'.'-~'!'_' _."_,~ ."-'."<'+ ~"." "~ ~ ,-,~ -~ -~,.,." ;, I '- ._ .0 .J'~_~,.. '''''"1 '_ '_ -"I' ,< ~ '-"',"~'l-"~l r,"" --~," .., .~~~e I ,~ ~-~~ -~ ~ ,~"-" , " ?O (:) ~ -fQ.. g 0 ~ '- 0 'f\ ." Ii:. C5c,~ s: ~ ---1. it- i! :X4~ , ~ :AJ jT,-":'" Bg N -c;li; 1:~ ~ w ~~ - 0 '- ...... i "'U 6~n D "- I i :x Z(') tT' ~ ~ r.a om 0 r~ .;:- .?E ~ .;:- -< ~1- , lilIIJf~.~, _ ,_,,....1!"""'_!l/I~~'mf:f'lf!"'1fi'~I~,,.,~J!Wf~91~~~Rh1'J!,fl!!f~ ~Y ,'!" -~=-~'-5-1'''} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION MONICA A. SULLIVAN No: 01-2378 CIVIL TERM Plaintiff, v. TIlOMAS P. CAREY Defendant. ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am authorized to accept service on behalf of defendant. }~/DI ~c-~ ~ DATE ARREN . HOLST, ESQUIRE AUTIlORlZED AGENT FOR DEFENDANT 130 Walnut Street Post Office Box 810 Harrisburg, Pennsylvania 17108 .,...:";'. '," ' ,"" r,,) ,,'. <~-<;-;- ,-''''' ',~,- - <. 7""" -'--, r --F', ~::"""I _, ,. ,. __. . " ~ ~~ ~ ;""",.. nil -,~~-,~ - '. "'......, ~.~~lE.,.'I'!~~ _,r~ - ,,', . " ..-''''~ " ~I'" ~'~', ,,,,_, "~~'\'_[,_,,'~_' ,'~'" ~_' _'c= ~~'"_ ~.' "-,,~ "",,.,,<~_,o "_=."",,.= ,~., ~~, ~~, '.., ,-, "~'c"_ 0 0 (Y! C ~". ~ -0,;4:; m.;.J..}. :.~ -:7:2-. -< L..~-' z__.... ; (fJP r,,) -<::2: ~C) <::.~ zc> ~~ ~~~ <-Fei -""'c: w Z w s;j :< :0 CO -< TT:JIli11'1!1JIl^~~ <,,,,'_~OO""""H"il'i''''l:-,,,!P,,,,tlI~;-l!iJ''''''i''~''fWM__'~'!''''- 'N!"~i:t'~i!f,""""''l4'<'if,'*,,'liwn~~'W'jf~l'l'''lll~p;;ftII!!~~j ., ..I IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN No: 01-2378 CML TERM Plaintiff, v. Defendant. AFFIDAVIT OF CONSENT SECTION 3301 (c) DIVORCE CODE THOMAS P. CAREY FILED ON BEHALF OF PLAINTIFF: MONICA A. SULLIVAN JAMES C. KLETTER, ESQUIRE ATTORNEY FOR PLAINTIFF PA J.D. 11207 331 PARKWAY DRIVE PITTSBURGH, PA 15228 (412) 388-1478 , :t'.,.,~~_,""P_ ,. C_', --",',,~"'_"'__'_ "C'.,_~~ ,-"_'f"'",.r,'C"..., '-~'"~"1'0',~'-_'_"''''~ -d- Om_ ""'__'_'" '","_"'~1,_" ,~<-,_", ~ _;"__.< 'C~=_'_ ~_ - ~. ~ .J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN No: 01-2378 CIVIL TERM Plaintiff, v. THOMAS P. CAREY Defendant. AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on April 23, 2001 . 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filling and service ofthe 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. ~ 4904 relating to unsworn falsification to authorities. Date: 'j-jt(-o( );;1f7Ud!l. ~~ MONICA A. SULE AN Plaintiff ~',,,, ' " "\-'~'-,>IA_""',"_-,',, "--~~__""'_~~_'.'__^'_"'__"'_'" ^'.",' ,=~_ __ ,_, _ "h"'.~,~ ___ " __, ~_~_. ~_ ,""_~'~_ ". ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN No: 01-2378 CIVIL TERM Plaintiff, v. THOMAS P. CAREY CERTIFICATE OF SERVICE A true and correct copy of the within pleading was served on August 17, 2001 by First Class Mail on the Defendant by service upon his counsel. Darren J. Holst, Esquire 130 Walnut Street Post Office Box 810 Harrisburg, P A 17108 August 17,2001 ,,"""'- -~ -"'-"",~--- '"~-"I""""'~:[""''''''Wr'',.--" _'_"'h;'~__", __,_""'_,~_,~, ~d'O,. ,_, ^ , ~ .- ~ JI I I I ~ t~ ~ '; t! I ~ , ,. , ~ il " r~" ~~'d , ~ ~, --~ .,,~, d' ,...,"W,....... ...... ."",..,....,~".. '''..p . "'d." II"" rlll.~l'!'''' o ~ ~J:S: -... CT: Iller" 2;, t3 .1~~: ~ ~' f"" ~ ;;;~ c~ ~() .<;:~ / ~? ":""" ~p fi;W"~$;1J!')(j,~"'Fi!_ ,'\) ,~:- ~" .~"':; -'-, .h. ,- 17) t\~) c:' -':-1 ';';/ , ",,) ~. ...... < IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN No: 01-2378 CIVIL TERM Plaintiff, v. Defendant. WAIVER OF NOTICE SECTION 3301 (c) DIVORCE CODE THOMAS P. CAREY FILED ON BEHALF OF PLAINTIFF: MONICA A. SULLIVAN JAMES C. KLETTER, ESQUIRE ATTORNEY FOR PLAINTIFF PA J.D. 11207 331 PARKWAY DRIVE PITTSBURGH, PA 15228 (412) 388-1478 '~"'J~~'~' ','~ ;""'"''''''','S1,'~''?.'!;'''"'' ,', ~s;,,,,,"--_:"'-:~~: _':~~' ,v'" c'_:' ""-"''''-~'__' ',"I_-",:'_~'.. ."'''''''\'>"'.._1 . ...',' -, "" ,., . '""''"',",",'1''.,_,,,_,,_ _""'_'_" f, ,L__.,,!.. ~~ .=~- - . -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN Plaintiff No: 01-2378 CIVIL TERM v. THOMAS p, CAREY Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREEE UNDER S 3301(c) OF TIIE DIVORCE CODE I, 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! 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. S 4904 relating to unsworn falsification to authorities. Date: :3- It( -0 I ~/-"/'#~ " (pLAINTIFF) I :~.J( '"_ ~ , "?'0',.,'.,'-i'N) "'''.,.!.-N_<-''''" ,,'_',f',.,<_ 'c",_,."I"_~"-"'_~~.I_, _, >,_",~ '"N ~~ - .~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN No: 01-2378 CIVIL TERM Plaintiff, v. THOMAS P. CAREY CERTIFICATE OF SERVICE A true and correct copy of the within pleading was served on August 17,2001 by First Class Mail on the Defendant by service upon his counsel. Darren J. Holst, Esquire 130 Walnut Street Post Office Box 810 Harrisburg, P A 17108 August 17, 2001 " ~ ._'~-) '.. ;. ';T,~.,~_, '_," ,', ~<_" _, ,,,,,,",~k~M~"^~"" """-"-",= ~_",~I". h I ~ _ _'"~" _ ,^_ v,_> I ~ I: , I i ~: '-8- i~ il tl , "~ ~_.. "~~ ~- .- '-."~-",--",,,~,-,~, -''',"'-'''~''.'-- ""' ->>""".-" ~'-'-'-'~"~._,,~~.:-"'~""~~ . -~~- o C: li[ ->1..'- ~C) ""'s ~~ ~I ."" "ct~ c::-' b (j) f'v C) ~? '.:> m . n~lImllr '" . . <:,; ~b -,::- .,..-.~, ,~ ._..",_,~".tJI!!l~JI"\l!f~If1MV$Wl'l'-~~-ll~~":!".,,~'!.,,,=,,81 .___T"O'_~. _=, ~~~~~ . , " . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 01-2378 CIVIL TERM MONICA A. SULLN AN, Plaintiff THOMAS P. CAREY, Defendant CNIL ACTION - LAW IN DNORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under g3301(c) of the Divorce Code was filed on April 23, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a fmal decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date:J J '2~J ./ , n ~'.., ---. -'-~) 'S:., ,'.r "..1- 1.<'" - r ~I " , . . .~'- "~_-I" ~ /~- . TUlil'li'lTTI -~~-~. -,., ~"'''''- - """ .-"" -~,.,-, "I,,"'" '.",-,., . "~~"?' "'",,-.~-''<-. -;; '/f <-:,~, "_.t~; .',;'j", "','!'i~~._M "111'$ll:;'~~~~il!iI~<Jji'!ffl'~_~'If':1811ii,,j'j'~~;jlJ'-~~&'~.H~"'p.r;.;-"'''''''''', .v,W'''-,.'',w,;.' 'f";~ - tt~:-- r"::'"tf:"r:r"~'r rtnr~v~''fHi&'''i' '~'c_Q~""" ,-, ~~ " .. o r- 7 -oC" mr1'; -7:C! zr-- r.!) .- -~- r:::L~, ~(< ..-L. P'c -?~ =< '} C',) "~ ., E: G=j f-v ~i=-- .-0 . , '-"-' (:::-'; -r,~ 5:J -< .'" P,) I: I' !' 'H i,., ~". ",.: ii; ,.-,;, ''''"''"'''''''",P'''_'''''_'''''"ili<'.m",_",-J~' -- . MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN THOMAS P. CAREY AND MONICA A. SULLIVAN Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Thomas P. Carey -'~',i!l~_l_) ,~. T 1:": 0'11 James C. Kletter, Esquire 331 Parkway Drive Pittsburgh, PA 15228 Telephone: (412) 388-1478 Counsel for Monica A. Sullivan ~c q- - -'~ TABLE OF CONTENTS HEADING 1. ADVICE OF COUNSEL 2. DISCLOSURE OF ASSETS 3. PERSONAL RIGHTS 4. MUTUAL CONSENT DNORCE 5. EQUITABLE DISTRIBUTION (a) Marital Residence (b) Furnishings and Personalty (c) Motor Vehicles (d) Life Insurance (e) Pension and Retirement Benefits (f) Miscellaneous Property (g) Property to Wife (h) Property to Husband (i) Assumption of Encumbrances (j) Liability Not Listed (k) illdernnification of Wife (I) illdernnification of Husband (m) Warranty as to Future Obligations 1 '''',*~~).......,,.,,... ='" r:"~' , !'1 -'f I" - "~, ~. =-......... '. TABLE OF CONTENTS (continued) HEADING PAGE 8. COUNSEL FEES, COSTS AND EXPENSES 10 9. WAIVER OF INHERITANCE RIGHTS 10 10. WAIVER OF BENEFICIARY DESIGNATION 11 II. RELEASE OF CLAIMS 11 12. PRESERVATION OF RECORDS 13 13. MODIFICATION 13 14. SEVERABILITY 13 15. BREACH 13 16. WAIVER OF BREACH 14 17. NOTICE 14 18. APPLICABLE LAW 14 19. DATE OF EXECUTION 14 20. EFFECTIVE DATE 15 2I. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 15 22. HEADINGS NOT PART OF AGREEMENT 15 23. AGREEMENT BINDING ON PARTIES AND HEIRS 15 24. ENTIRE AGREEMENT 15 25. MUTUAL COOPERATION 16 26. AGREEMENT NOT TO BE MERGED 16 11 "~_ lll'I, _ ~-if.'!T ,--', I. ~~"'-I ,,' , . I!I"I~ MARITAL SETTLEMENT AGREEMENT I IS~ THIS AGREEMENT is made this ,;2. day of /}~ ., Flore 0 ,2001, by and between THOMAS P. CAREY, of Cumberland County, Pennsylvania, and MONICA A. SULLIVAN, of Allegheny County, Pennsylvania; WITNESSETH: WHEREAS, Thomas P. Carey (hereinafter referred to as "Husband"), social security number 172-32-9833, was born on January 10,1942, and his current mailing address is 133 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055; WHEREAS, Monica A. Sullivan (hereinafter referred to as "Wife"), social security number 184-42-6018, was born on November 15, 1951, and her current mailing address is 470 Jayson Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15228; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 6, 1995 in Mount Lebanon, Allegheny County, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about September 3, 2000; WHEREAS, no children were born of this marriage between the parties; 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. 1 i''''''''''''''''''''''-''''~ . I'r,'! II .' '. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each ofthe parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and James C. Kletter, Esquire for Wife). Each party fully understand 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 understands 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 or her respective right to have the Court of Common Pleas of Allegheny 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 parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written 2 f.ilj~ ,. .",.-,,:- ., ,~-~ -11 -I, .. , 11 I I ._-,--~~ interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted 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 ofthis 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 will 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. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each 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. 3 -'i'TJ . '1-)',' I' 'I I I' _~U!l!ll!l,_. '" Each may, for his or her separate use or benefit, 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 attempt to compel the other to cohabit or dwell by any means or in any mauner 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 of the 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 action with respect these parties shall be limited to a claim for divorce only. The parties further agree that Husband and Wife will consent to a no-fault divorce based on section 3301(c) of the Pennsylvania Divorce Code, which Wife will initiate by complaint in the Court of Common Pleas of Cumberland County. Thereafter, the parties will promptly submit all necessary documents to obtain a divorce as expeditiously as possible. 5. EOUlTABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that Wife is the titled owner of that certain house and lot and all improvements thereupon situated at 470 Jayson Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15228 (hereinafter referred to as the "Marital Residence"), which she owned prior to the marriage. The parties agree as follows with respect to the Marital Residence: (1) Wife shall continue to be the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she 4 'o:"i:rr_"_"liI'~W ~" ~- I ~,- , )-1 !_ I ~ ~~ - ,-- deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. (2) Conunencing on the execution date ofthis 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, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. (b) Furnishin!!s and Personaltv. (1) 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 personalty and furnishings remaining in the Marital Residence. Notwithstanding the foregoing, Husband shall be entitled to those items enumerated in Exhibit "A", attached hereto and incorporated herein by reference, which currently remain in the Marital Residence. (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. 5 ""-~"'" I, -lr-1 -, (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2000 Nissan, obtained in exchange for the parties' 1996 Nissan Maxima GLE, and which is currently titled solely in Wife's name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue ofthis subparagraph. (2) The parties acknowledge that Husband and Wife are the titled owners ofa 1995 Nissan currently used by Wife's son. The parties agree that title ofthe vehicle will be transferred to Wife's son and will become his sole and separate property. Wife's son will receive the aforementioned vehicle free and clear of any right, title, claim or interest of Husband, and Wife's son will be solely responsible for all payment of any outstanding indebtedness pertaining thereto and insurance thereon. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole and separate property, any and all life insurance policies in his/her name, free of any right, title and interest of the other party. (e) Pension and Retirement Benefits. The parties hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to any 6 fW'7"'!lf' ,_ _ ~, -'I" -I I"" '.- ,,1-, '1-' ~.._" '"li. 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, 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 Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (t) Miscellaneous Prooertv. As ofthe 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; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights and such property from each to the other. (g) Propertv 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 ofthis Agreement. Husband hereby quitclaims, assigns and conveys to Wife 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 Husband to Wife. (h) Pro\>ertv 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 7 .-"~~""'-"""""'~ . ~,' ~ _"7 ' , '-I"; \ - .,- j'1 , - a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (i) Assumption of Encumbrances. (1) 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 insurers of credit cards in his name. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for any and all liabilities she has incurred in her name alone, specifically to include any obligations to insurers of credit cards in her name. (3) Unless otherwise provided herein, each party hereby 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 or 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. (j) 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 this 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 such debts, obligations and liabilities. 8 :C_"'''!\'w.II1..,."wm",.,"; ~ , T ~ '-'r -"I ~ ~f'V ~ ~Iall...l ,"~_W~ ~" ,"~"..~v._ ~""...."""".~ (k) 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. (I) 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. (m) 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 parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to 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. 6. 2000 TAX RETURNS. Husband and Wife agree to sign and file joint federal, state and local personal income tax returns for tax year 2000. The parties further agree to 9 ";"-n_. J ,:;',___ _ .^ I,"" I r 1 ,-" , ~ divide evenly between themselves payment of any additional tax owed up to and including a total of Two Thousand Dollars ($2,000). Husband agrees to be solely responsible for any and all amounts that exceed Two Thousand Dollars ($2,000). Any tax refund shall be shared equally between the parties, and Husband hereby agrees to be solely responsible for the costs of preparing the joint returns. 7. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance ofthe other. 8. 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. 9. 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 ofthe 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 10 """W~~l1.~ ~""~" 1') '_I r' -, II f '" .- shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10. 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 ofthis 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 be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division oftheir property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each ofthe 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 party, 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 11 "~''1lII'''''''''''''''''!~''''''~,[~_1 '" ,0 ,,~~. "\' 11 1 ~ , ~, 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 of the 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 of the 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 of the 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, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other 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 of the 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 12 i:_''ITr~, ,-!~" _ - -~ - . '1 , I ,. 1 I n l . ,._.""~-~ '. 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. 12. 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. 13. . MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13 -'!'~"'l""_ " , 1'1_ ,"""'1'1 'r', '^) ~, ~ . _ _ _'l!\!~I"r'"'!l""~ 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Dr. Monica A. Sullivan 470 Jayson Avenue Pittsburgh, Pennsylvania 15228 and to Husband, if made or addressed to the following: Dr. Thomas P. Carey 133 West Locust Street Mechanicsburg, Pennsylvania 17055 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 14 1'!~'I'litI!l!l""O\IF''''-'"!'~'Pl'''''''~'~ . - ~1", 1 I - r~~- Tr .., V~~ -~, - 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties'divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. 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. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest ofthe parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney 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 between 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. 15 :-;.-4 '"';_"~I ., ,~_~-- ~-< ~ r--~-~ Ir,.'1 I," 25. 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 attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. 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. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. c4b1LLL~j / WITNESS };;n~;l~/6~ MONICA A.SULLIV AN J?~ C; %U TNESS / ' ~9 ") 16 '\~~I!'I'="","'-'" ~.- ~- 1'- "1- ).< ., ~-.." COMMONWEALTH OF PENNSYLVANIA COUNTY OF &<3hL ~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared THOMAS P. CAREY known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a day of (M~ ,2001. Notary u lic in and for Commonwealth ofPennsylv a Typed or printed name of Notary: My commission expires: NOTARIAL SEAL DEBRA M. SHIMP, Notary Pubftc Harrisburg, Dauphin County. PA Mv Commission Ex";r.s AUa. 23, 2001 17 ';'^I\'""~"~'.""'''"~''''''''''''-~~- ~ ~_.....-, - , 1'" 1'1 T-' - ,~~ COMMONWEALTH OF PENNSYLVANIA J<\ Ll r! {,- /h...-/ , ) ) ) COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared MONICA A. SULLIV AN known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. IIf GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of m pr...,(/f/ ,2001. SfL ~;)~ Notary Public i and for Commonwealth of Pennsylvania Typed or printed name of Notary: VA-I; STe.v~.v .-. --!. My commisso 18 '"1iM,-'1 " ~. . , I ,.' "'. f<," , 1 - , , -^CO"'f"lll""'''''''''''''!Y MARITAL SETTLEMENT AGREEMENT EXHIBIT "A" Property of Thomas P. Carey located at 470 Jayson Avenue, Pittsburgh, PA 15228 A. (1) Oak Dresser B. (1) Oak Dresser '-'l~; t....; r , ., """ :' I ;'- or ~"-I - ~ 1- 1-' ,," ~ ~~~ ~"" . li 'I ii 'I 1-1 i ~ r, ! 1:1 :.[ - '11iII!!I~ _. ~ ~"~" ~-~. - ,~-'-. ~H~'._~~~ "',_, ~.,. ='~~"-'-"'-'->"-~~ . '~'. - o -q~ I.J)~ ~-:;,_:J U! r~ <: ~:~~S ~C: 2~ =< ""-I .- -.-....." - "k', ~ ~.' ~ ~y~ tn r-n .0 -r'-'. -'f r"-~ \~~:i-~ ,---'- ;-::~ r'!~ '." '....) '0 -'", :;> ~ -- .___~~!ll1Ii,~"_,...,.J,,J..,llf.~~lrmlmll!!lI!'W,",!'-'ff1'N-t~F;tj\~~W~IIl.~,;;,,,,,",,_~i,,n.:;':],!,,,,,",,,,,,,;,,--. ,"'';''j!;",".,"" '-'i'7'''~':;'Oi'''*';!:-''''<(.~''i1fWilfl''~fi'''l';$!l$~~lf\Jjliln~l!ji!IJ!~! At #" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN Plaintiff, No: 01-2378 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. mOMAS P. CAREY PRAECIPE TO TRANSMIT RECORD FILED ON BEHALF OF PLAINTIFF: MONICA A. SULLIVAN JAMES C. KLETTER, ESQUIRE ATTORNEY FOR PLAINTIFF PA LD. 11207 331 PARKWAY DRIVE PITTSBURGH, P A 15228 (412) 388-1478 c'r " -' "'/;"l'n. e-, - '~I ,'_,,",-,_. -,-,'T'" '0' _ <-.'l"','<' J'.,- .. ,,- - ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONICA A. SULLIVAN Plaintiff, No. 01-2378 CIVIL TERM vs. THOMAS P. CAREY Defendant. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (3301(c)) of the Divorce Code. 2. Date and manner of service ofthe complaint: Acceptance ofServic~ on behalf of Defendant 5/1/01 by Darren J. Holst, Esquire Authorized Agent for Defendant. Filed 5/2/01. 3. (a) Date of execution of the affidavit of consent required by Section 3301 (c) ofthe Divorce Code: by Plaintiff: August 20,2001; by Defendant: August 24, 2001; (b)(1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: N/ A. (2) Date of filing and service of the Plaintiffs affidavit upon the respondent: N/ A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: August 20, 2001. Date Defendant's Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: August 24,2001. September 10, 2001 ~~-~ - ~"i' -"- "-0","- -', ""-:'--I'":'--',",P,,"'?'1~I'_"':,"_"-' ,,_~_____,_ _ ''''',-,f.'. """ "I "".",,"'" _W". ~." I 1 1 j '- ~ r; ~- , -~ .> "-',0 " -"." . '" ' , ~._-",);..,:-,-' v,[,~,_-~ ".'j -~~-',.,- ,'-" -~- '-~"'" "'''.a-''-,..'y"-';''~~---.c.~''''-'''- ~"=~r 'I-~'""'" -- rrT - \; 0 0 0 c: ~-Tj s: V> uOJ 11'1 nln'! -0 - . Z:D zC' ~~~: .jO' ~o ~v PC) ~. 20 Pc: ~ ;;...' \0 ~, "':Jl ",pl!lll~l!!ffi~~!!I'!ii"-l~'I'!''9~:,f,7'''m:~~I!1~...~ _, ~',_" ", <. ,}