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HomeMy WebLinkAbout10-3608JESSICA L. O'TOOLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO.16 -3t o8 CIVIL TERM RYAN P. O'TOOLE, : IN DIVORCE Defendant c fn' f ... C C' N ¢7 NOTICE TO DEFEND AND CLAIM RIGHTS 'Y You have been sued in Court. If you wish to defend against the claims set forth in he #Wlov g 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 3 C2.av 41 S,v cal /Sb JESSICA L. O'TOOLE, Plaintiff v RYAN P. O'TOOLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Jessica L. O'Toole, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Jessica L. O'Toole, is an adult individual residing at 1135 Pheasant Dr., North, Carlisle, PA 17013. 2 Defendant, Ryan P. O'Toole, is an adult individual residing at 107 Fairway Drive, Mechanicsburg, PA 17055. 3 The parties were married on October 28, 2006, in Carlisle, PA. 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 in accordance with Section 3301(c ) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. indsay D. Band, sq ire Attorney for the aintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. nn, 1 q;A Je sica L. O'Toole, Plaintiff w M SEP 012010 JESSICA L. O TOOLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 16-2468 CIVIL TERM RYAN P. O'TOOLE, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this c? day Ae, 2010, upon consideration of the attached Custody Agreement and Responsibilities with respect to the parties' child, Chase P. O'Toole, born March 4, 2006, the parents shall share legal and physical custody and the terms of the Agreement are entered as an order of court. BY T J. Lindsay D. Baird, Esquire 37 South Hanover Street Carlis PA 17013 Ryan P. O'Toole 107 Fairway Drive Mechanicsburg, PA 17055 co P I Yes r7l?zl toct gl3??U G c'' -n _V ; - c' -- `n A 3 4 iJ 3 :'S? 1 t -9 P1 CI Ea_`MENT PROPERTY SETTLE 9 f f'i THIS AGREEMENT made this 9vi'day of ee m=N,- 2010, by and between Jessica L. O'Toole, of 2076 Newville Road, Carlisle, Cumberland County, Pennsylvania 17015, (hereinafter referred to as Wife) and Ryan P. O'Toole, of 107 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, (hereinafter referred to as Husband). WHEREAS, Husband and Wife were married on October 28, 2006, in Carlisle, PA; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since October 31, 2009; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement and as may be necessary to exchange information that pertains to the parties' minor child. Neither party shall molest the other or attempt to - 1 - endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a 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. 3. 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 tax is 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 who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. (C) Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. (D) No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis -2- of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. (E) Dependent Exemption(s): xemption(s): In even numbered income tax years Wife shall be entitled to claim the income tax dependency exemption for the parties' child, Chase Patrick O'Toole, on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended and Husband will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. In odd numbered income tax years Husband shall be entitled to claim the income tax dependency exemption for the parties' child, Chase Patrick O'Toole, on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended, and Wife will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Husband within ten (10) days of a request to sign such form or declaration. 4. FINAL EQUITABLE 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. 5. AFTER-ACQUIRED 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 him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the 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 the terms of this Paragraph. -3- 6. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 7. REAL ESTATE. Husband and Wife jointly own the marital residence located at 107 Fairway Drive, Mechanicsburg, Pennsylvania ("Marital Residence"), having an estimated value of $197,000. The Marital Residence presently is subject to an outstanding mortgage with Sun Trust having an estimated balance of $185,000, (the "Mortgage"). The parties agree that the Marital Residence and the Mortgage shall be divided and distributed in accordance with the following: (A) Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Wife upon Wife's signing of this Agreement and held in escrow by Wife's attorney pending the refinance/assumption of the Mortgage, at which time the deed shall be delivered to Husband to record. (B) Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Husband shall hereafter be solely responsible for the payment of the Mortgage, applicable mortgage escrow payments, real estate taxes, other municipal liens and assessments, home owners and casualty insurance, and the cost of maintenance on the Marital Residence, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. Proof of payment shall be provided to Wife upon request. Husband shall indemnify and hold -4- Wife harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband so pay such liens and encumbrances. (C) Itemized Tax Deductions: For the 2010 income tax year Husband will be entitled to claim the itemized income tax deductions arising out of the payment of the Mortgage and Real Estate Taxes for the Real Estate. (D) Refunds: Any refunds which result from the overpayment of the Mortgage, applicable escrow payments or other expenses regarding the Real Estate shall be the sole and separate property of Husband shall be paid to Husband. Within five (5) days of request, Wife shall endorse said refund payment as payable to the order of Husband and shall deliver the same to Husband. (E) Refinance: Husband shall apply for refinancing/ assumption of the Mortgage and shall complete that refinance/ assumption within two (2) years of the date of this Agreement so as to release Wife from further liability thereunder. The costs of refinancing/ assumption shall be paid by Husband. If Husband fails to complete the assumption/ refinancing within the two (2) year period aforesaid, then the Marital Residence shall be sold as provided in subparagraph (G) below. (F) Failure to Pav: If Husband fails to pay the Mortgage and home owners casualty insurance in a timely manner and becomes more than sixty (60) days past due in payment, then the Real Estate shall be sold in accordance with the provisions of subparagraph (G) below. (G) Sale: In the event Husband is required to sell the Marital Residence because of the occurrence of a triggering event specified in subparagraphs (E) or (F) above, then the parties shall immediately list the Real Estate for sale with a qualified real estate broker and shall thereafter maintain that listing and market the Marital Residence for sale until it is sold. The parties further agree to follow all reasonable advice as to listing and sales offered by the listing agent/broker. Upon said sale all proceeds will be paid to Husband as Husband's sole and separate property. -5- 8. AUTOMOBILES/MOTORCYCLES/VEHICLE LOANS. The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith ("Vehicle Loan"), shall be divided and distributed as follows: (A) To Wife: The 2001 Jeep Grand Cherokee Laredo, titled in Wife's sole name, and unencumbered. (B) To Husband: The following vehicles: (1) The 2000 Mitsubishi Eclipse titled in Husband's sole name and unencumbered; (2) The 2004 Kawasaki Vulcan 2000 motorcycle titled in husband's sole name and encumbered with a lien in favor of members 1St in the estimated amount of $7,000. (C) Vehicle Insurance: Each party shalt be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Agreement. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her Vehicles. (D) Encumbrances: Each party will be solely responsible for the timely payment of any loans, liens or other debts encumbering the title to the Vehicles assigned to him or her. Each party shall indemnify and hold the other harmless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 9. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no -6- right or claim to any property acquired by the other after the signing of this Agreement. 10. PENSION/RETIREMENT PLANS. The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (A) To Wife: Wife's Wells Fargo 401(k) Plan (B) To Husband: Husband's Members 1St 401(k) plan and Members 1St Pension Plan (c) Waiver: Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. 11. DEBTS. The parties' marital debts, loans, credit cards balances and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (A) To Wife: Wife shall be solely liable for and shall timely pay the following debts. (1) The joint debt owed to Household Finance having an estimated balance of $7,000; (2) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. (B) To Husband: Husband shall be solely liable for and shall timely pay the following debts: (1) The Discover card incurred in Husband's sole name and having an estimated balance of $4,000; -7- (2) The Sears account incurred in Husband's sole name the balance of which was previously paid in full by husband; (3) The debt owed to Providian incurred in Husband's sole name and having an estimated balance of $8,000. (4) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 12. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: (A) As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. (B) Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (C) Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. (D) Waiver: Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. -8- (E) Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (F) Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (G) Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (H) After Acquired Debts: Each of the parties represents and warrants to the other that since the parties' marital separation he or she has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. (1) Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. (J) Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter -9- incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. (K) Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within two (2) years of the date of this Agreement so as to release the other party from any and all liability thereunder. 13. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 14. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties 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, including, but not limited to the following: A. Estate Rights: Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this agreement. B. Marital Rights: 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. C. Waiver of Beneficiary Designation: Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this -10- Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 15. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 16. DIVORCE. A divorce action was initiated and filed at docket number 10-3608 Civil Term in the Court of Common Pleas of Cumberland County on June 2, 2010. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c ) of the Divorce Code including waiver of all rights to request Court ordered counseling. 17. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 18. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 19. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time-to-time, at the - 11 - request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 20. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 23. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seats the day and year first above written. WITNESS ji dsay D. ,Bai d, squire X) Jl?ssica LTopk?' JJ Ryan P. O'Toole -12- } } JESSICA L. O'TOOLE, Plaintiff RYAN P. O'TOOLE, v Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3608 IN DIVORCE AFFIDAVIT OF SERVICE CIVIL TERM -17Z ::X ' I, Lindsay D. Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Ryan P. O'Toole, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on July 13, 2010. .; ?. Aindsay D. Bair , Esqu' e Attorney for P intiff 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Sworn and Subscribed to before me this ?N day of ?Cc vksv' , 2010. Nota Public COMMONWEALTH OF P Y VANIA Noth" seal Niven I Baird, Notary Public CaAWe loco, CurnWand County COrtMnllalan BOW NOV. 2, 2014 Member. Pennsr "_ ANOClation of Ncvzde ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. Article Addressed to: char !? ©' adf,? A. Signatm r e ; X 1 ? Agent ? Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No P q 106k 3. "Type rtifled Mail ? press Mail 13 Registered ` LReetum Receipt for Merchandise ? insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number Yes (Transfer from service label) 7005 2570 0000 3798 0704 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 JESSICA L. O'TOOLE, Plaintiff RYAN P. O'TOOLE, v Defendant IN THE COURT OF COMMON PLEAS OF C ^, CUMBERLAND COUNTY PENNSYLIAZ , r?rr cp - Z -Vr NO. 10-3608 CIVIL TERM ° IN DIVORCE I -TI C. ?- _, r } u AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 2, 2010. 20102. Defendant acknowledged receipt and accepted service of the Complaint on July 13, . 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: Je' ica L. O'Toole, Plaintiff JESSICA L. O'TOOLE, Plaintiff RYAN P. O'TOOLE, v Defendant C =n 6.,J J IN THE COURT OF COMMON OF -Urn c ? CUMBERLAND COUNTY, PEN AA - --o , -, ; NO. 10-3608 CIVIL TER c`7 IN DIVORCE = AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 2, 2010. 2. Defendant acknowledged receipt and accepted service of the Complaint on July 13, 2010. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: / 116 17 Ryan P. O'Toole, Defendant JESSICA L. O'TOOLE, Plaintiff v RYAN P. O'TOOLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3608 IN DIVORCE CIVIL TERM 4,..) C h•..S C.) c r ' S , 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 of the Complaint: 07/13/2010, certified mail, restricted delivery, return receipt. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: 12/7/2010; by Defendant: 12/7/10. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: /11? 9-/Ic> Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: /o-l `- / e_-) Lindsay D. B"( , Esquire Attorney for the Plaintiff JESSICA L. O?OOLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RYAN P. OTOOLE ; : NO. 10-3608 DIVORCE DECREE oe-r c? - /3`,? -04 - AND NOW, AM , it is ordered and decreed that JESSICA L. O'TOOLE , plaintiff, and RYAN P. O'TOOLE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Property Settlement Agreement is incorporated, but not merged into the Decree B t , Attest: J. Prothonotary ?2?i5?to - Cory - "yam x'11 94? L aaizcL a '756 lf-?