HomeMy WebLinkAbout01-2378 /N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL D/VISION
MON/CA A. SULLIVAN
Plaintiff, No:
V.
THOMAS p. CAREY
DIVORCE COMPLAINT
Defendant. SECTION 3301 (c)
DIVORCE CODE
FILED ON BEHALF OF
PLAINTIFF:
MONICA A. SULLIVAN
JAMES C. KLETTE& ESQUIRE
ATTORNEY FOR PLA/NTIFF
PA I.D. 11207
331 PARKWAY DRIVE
PITTSBURGH, PA 15228
(412) 388-1478
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MONICA A. SULLIVAN No- o/.. ,2 3 '/£ ~ '7-~
Plaintiff, Section 3301 (c)
v. Divorce Code
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,
1 st Floor, Carlisle, PA 17013.
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 17013
Telephone (717) 249-3166
COMPLAINT IN DIVORCE
_COUNT !
1. Plaintiff is Monica A. Sullivan, who currently resides at 470 Jayson
Avenue, Pittsburgh, Pennsylvania, 15228.
2. Defendant is Thomas P. Carcy, who currently resides at 133 West Locust
Street, M¢chanicsburg, 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 annulment 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.
· '~'"',~ ~. ~un~van Plaintiff
/r Attorney for Plaintiff
331 Parkway Drive
Pittsburgh, bA
15228
Date: April ]_~__, 2001 (412) 388-1478
d
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
MONICA A. SULLIVAN
Plaintiff, No: 01-2378 CIVIL TERM
V,
THOIVIAS p. CAREY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce. I certify that I am authorized
to accept service on behalf of defendant.
DATE "-- . HOLST, ESQUIRE
AUTHORIZED AGENT FOR
DEFENDANT
130 Walnut Street
Post Office Box 810
Harrisburg, Pennsylvania
17108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
MONICA A. SuLLiVAN
Plaintiff, No: 01-23 78 CML TERM
V.
THOMAS p. CAREY
AFFIDAVIT OF CONSENT
Defendant. SECTION 3301 (c)
DIVORCE CODE
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
IN THE COURT OF COMMON PLEAS OF CUMBERL~ 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 of the Complaint.
3. I consent to the entry ora 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.
MONICA A. SULL'~VAN ~
Plaintiff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
MONICA A. SULLIVAN
Plaintiff, No: 01-2378 CML TERM
·
V.
THOMAS p. CAREY
CERTIFICATE OF SERVICE
A tree 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. Hoist, Esquire
130 Walnut Street
Post Office Box 810
Harrisburg, PA
17108
August 17, 2001
/ ----
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
WAIVER OF NOTICE
Defendant. SECTION 3301 (c)
DIVORCE CODE
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
IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY,
PENNSYLVANIA
CIVIL DIVISION
MONICA A. SULLIVAN
Plaintiff
No: 01-2378 CIVIL TERM
¥.
THOMAS p. CAREY
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREEE 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/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 re/ming to unsworn falsification to authorities.
Date: ~_~~~ ~' . .
·
IN THE COURT OF COMMON PLEAS.OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
MONICA A. SULLIVAN
Plaintiff, No: 01-2378 CML TERM
Ve
THOMAS p. CAREY
CERTIFICATE OF SERVICE
A true and correct copy of the within pleading was served on August 17, 200! by
First Class Mail on the Defendant by service upon his counsel.
Darren J. Holst, Esquire
130 Walnut Street
Post Office Box 810
Harrisb~g, PA
17108
/
August 17, 2001 ~ ~ ..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MONICA A. SULLIVAN, )
Plaintiff )
)
v. ) NO. 01-2378 CIVIL TERM
)
THOMAS P. CAREY, ) CIVIL ACTION- LAW
Defendant ) IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under §330i(c) of the Divorce Code was filed on
Apri
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 final decree in divorce aider service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION 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 fights 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 above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
Date:~
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
THOMAS p. CAREY
AND
MONICA A. SULLIVAN
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P.C. James C. Kletter, Esquire
130 Walnut Street 331 Parkway Drive
P.O. Box 810 Pittsburgh, PA 15228
Harr/sburg, PA 17108 Telephone. (412) 388-1478
Telephone: (717) 234-2616 Counsel for Monica A. Sullivan
Counsel for Thomas p. Carey
f
TABLE OF CONTENTS
HEADLNG
1. ADVICE OF COUNSEL PAGE
2
2. DISCLOSURE OF ASSETS
3. PERSONAL RIGHTS 2
3
4. MUTUAL CONSENT DIVORCE
4
5. EQUITABLE DISTRIBUTION
4
(a) Marital Residence
4
(b) Furnishings and Personalty
(c) Motor Vehicles 5
(d) Life Insurance 6
6
(¢) Pension and Retirement Benefits
6
(f) Miscellaneous Property
(g) Property to Wife 7
7
(h) Property to Husband
7
(i) Assumption of Encumbrances
8
(J) Liability Not Listed
8
(k) Indemnification of Wife
9
(1) Indemnification of Husband
9
(m) Warranty as to Future Obligations
6. 2000 TAX RETURNS 9
9
7. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT 10
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. RELEASE OF CLAIMS 11
11
12. PRESERVATION OF RECO~s
13. MODIFICATION 13
14. SEVERABILITY 13
15. BREACH 13
13
16. WAIVER OF BREACH
17. NOTICE 14
18. APPLICABLE LAW 14
14
19. DATE OF EXECUTION
20. EFFECTIVE DATE 14
15
21. 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
THIS AGREEMENT is made this ,?. day of f'~,~.~ :~ _, 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, Cumber/and County, Pennsylvania, 17055;
WHEREAS, Monica A. Sullivan (hereinafter referred to as "Wife"), social security
number 184-42-6018, was bom 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 bom of this marriage between the parties;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property fights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows.
1. ADVICE OF 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 fights 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 fight and duty to determine all marital fights 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 fight 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' fights to alimony, alimonypendente lite, support and
maintenance, equitable distribution, counsel fees and costs of litigation.
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her fight to seek discovery, including but not limited to, written
2
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 fight to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
·
liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that
any fight 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 fights 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
deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or
future fight, title, claim and interest he may have in and to the Marital Residence.
(2) Commencing on the execution date of this Agreement,
Wife shall be solely responsible for al/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) Fur_ nishing.~ and P~.
(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, rags, carpets, household appliances and equipment.
(2) Except as otherwise set forth herein, Wife shall retain, as
her sole and separate property, fi'ee of any and all fight, 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 fight, title, claim or interest of Wife, all of
the personalty and furnishings currently in his possession.
(c) Motor Vehicle~.
(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 panics'
1996 Nissan Maxima GLE, and which is currently tit/ed solely in Wife's name, along with all
rights under any insurance policies thereon and with al/responsibility for payment of any
outstanding indebtedness pertaining thereto and insurance thereon, free of any and al/right, title,
claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless
from any and al/liability, cost or expense, including actual attorney's fees, incurred in
connection with any vehicle belonging to Wife by virtue of this subparagraph.
(2) The parties acknowledge that Husband and Wife are the
titled owners of a 1995 Nissan currently used by Wife's son. The parties agree that title of the
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 panics agree that they will cooperate in effectuating
the transfer of titles and insurance to accomplish thc purposes of this subparagraph.
(d) L~ife 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 thc 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
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 fi'om time to time to accomplish the purposes of this subparagraph.
(0 Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; and if untitled, the party in possession. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and all fights and such property
from each to the other.
(g) Property_ to Wife. The parties agree that Wife shall own, possess,
and enjoy, free from any claim of Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all fights thereto, together with any insurance policies coveting
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 fights in such property from
Husband to Wife.
(h) Property to Husban~d. The parties agree that Husband shall Own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
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
a sufficient bill of sale to evidence the transfer of any and all fights in such property from Wife to
Husband.
(i) Assam tion 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 of this 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.
0) ~. 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.
(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.
(1) 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) Warran as to Future Obli 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. 2___000 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
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.
e
S__UPPOR__T. Husband and Wife hereby expressly waive, discharge and release any and all fights
and claims which he or she may have now or hereafter by reason of the parties' marriage to
alimony, alimonypendente 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
fights 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 of the 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 marr/age, 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 fights of inheritance in the estate of the other, any fight 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 fights which said party has or may have by reason of their marriage, except the fights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
10
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
10.
· Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all fights 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.
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 §3502 of the Divorce Code, and Wife and Husband hereby waive any fight to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever.abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
this Agreement as belonging to the other 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
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
fight 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 fights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimonypendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other fight or obligation, economic or otherwise, whether arising
out of the marital relationship or otherwise, including all fights 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 fights 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 fights, 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 fights, family exemption or similar allowance,
or under the intestate laws or the fight to take against the spouse's will, or the fight to treat a
· .
12
lifetime conveyance by the other as testamentary or all other fights 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 fights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge from all causes
of action, claims, fights 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. S~EVERARIIITY_. 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. _BREAC~H. 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 fights of the non-breaching party.
13
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. ~NOTIC~. Any notice to be given under this A~eement 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 of law 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
!
20. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
21.
DIVORC_F,. 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.
· 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.
· This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the 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
·
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 fight 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.
WITNESS MONICA A. 'SULLIVAN
16
COMMONWEALTH OF PENNSYLV~IA )
COUNTY OF_ ~'~ ~..~.. )
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 ~!_ day of
~ ,2001.
Commonwealth of Pennsylv~
Typed or printed name of Notary:
My commission expires'
l_ NOTAFtlAL SEAL
.,,.. H,H,a__~sb. urg. Dauphin Coualy, PA- I
17
i
i, · ·
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF _ ~/. t e' 0 ~ t.,,.-/ )
BEFORE ME, the undersigned authority, on this day personally appeared MONICA A.
SULLIVAN 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.
,,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~~~ay of
m ~tz, p/ ., 2001.
for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
Co m j Vais, Notary ~-uu_,,,
Steven ...: ......
anon ~i,~p., ~,;=~_'" 2003
Mt. Leb . . c .... '~.--,-eb. 24,
iT~lSSIOn pt 'Co ,003
Member, pennsytvania p ~,s~,c:~tio,n Ot
18
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
IN 22-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
MONICA A. SULLIVAN
No: 01-2378 CIVIL TERM
Plaintiff, CIVIL ACTION- LAW
IN DIVORCE
V.
THOMAS P. CAREY PRAECIPE TO
TRANSMIT RECORD
FILED ON BEHALF OF
PLAINTIFF:
MONICA A. SULLIVAN
JAMES C. KLE~K ESQUIRE
ATTORNEY FOR PLAINTIFF
PA I.D. 11207
331 PARKWAY DRIVE
PITTSBURGH, PA 15228
(412) 388-1478
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 Vrothonotary:
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:
Acceptance of Servic~ on behalf of Defendant 5/1/01 by
Darren J. Hoist, Esquire Authorized Agent for Defendant.
Filed 5/2/01.
3. (a) Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by Plaintiff: August 20, 2001- by
Defendant: August 24, 2001; '
(b)(l) 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 Plaintiff's 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 330 ! (c) divorce was
filed with the Prothonotary- August 24, 2001.
!
,..~
September 10, 2001
INTHE COUrt OF COMMON PLEAS
CF CUMBERLAND COUNTY
ST~.TE OF .~,~ ~ PENNA.
MGNICA A. SULLIVA~
N O. o1-2378 CIVIL TERM
P~ nt~ t~f ~
VERSUS
__ THOMAS P. CAKEY
Defendant.
DEC tee I N
DIVORCE
ow,_
DECREED THAT MO~CA A. SULLIVAN , PLAi NTifF,
AND TH0~S P. ~~ , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COUrt RETAINS JurISDICTION OF THE FOLLOWING claims WhiCh HAVE
BEEN RAISED OF RECORD l.i~ This ACTION for WhiCh a FiNaL ORDER has NOT
YEt BEEN ENTERED; N0~
IT IS FURTH~ ORD--, AD~ED AND. DECREED THAT THE TEPJ:~, PROVISIONS AND
CONDITIONS OF A CERTA~ ~i~°d~IAGE SETTLEMENT AGREemeNT BE~~ THE PA~TIES
DATED ~'i~RCH 21~ 2001 A2~D ATTACHED HERETO ARE HEREBY INCORP~TED ~ THIS
SURVIVE THIS DECREE.
By ,YhE COU ."
'..
..
ATTEST: ~' j.
PROTHONOTARY