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F\Uscr FoldcrlFinn Docs\GendocslOO I \1894-3divorce,compla1ntl'rpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. O'BRIEN,
Plaintiff
v.
CNIL ACTION - LAW ~
NO,2001- dil7 Ct~~l I~
TIMOTHY], O'BRIEN,
Defendant
IN DNORCE
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 at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pa, You are advised that this list is kept as a
convenience to you and you are not bound to choose a counselor from the list. All necessary
arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you
desire to pursue counseling, you must make your request for counseling within twenty (20) days of
the date on which you receive this notice, Failure to do so will constitute a waiver of your right to
request counseling,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU 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 A venue
Carlisle, P A 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. O'BRIEN,
Plaintiff
v,
CIVIL ACTION - LAW
NO. 2001-
TIMOTHY J. O'BRIEN,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this ,~ I sl day of June, 2001, comes Plaintiff, LISA A. O'BRIEN, by and
through her attorneys, the Law Office of Michael J. Hanft, and files the following Complaint in
Divorce, and in support thereof avers as follows:
I, The Plaintiff is Lisa A. O'Brien, who cnrrently resides at 108 Hill Drive, Carlisle,
Cumberland County, Peunsylvania 17013.
2. The Defendant is Timothy J. O'Brien, who currently resides at 108
Hill Drive, Carlisle, Cumberland County, Pennsylvania 17013,
3, The Plaintiff and Defendant are sui juris, and both have been bona fide residents of
the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding
the filing of this Complaint in Divorce.
4. The parties were married on June 1, 1991 in Cumberland County, Pennsylvania.
5, The marriage is irretrievably broken, The foregoing facts are averred and brought
under Section 3301(c) ofthe Divorce Code of 1980, as amended.
6, The P1aintiffhas been advised of the availability of counseling, and that the Plaintiff
may have the right to request that the Court require the Parties to participate in counseling,
...
..
WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce,
divorcing the Plaintiff from the Defendant.
Respectfully submitted,
LAW OFFICE OF MICHAEL], HANFT
Mic ael], Hanft, Es uire
Attorney ill No, 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
~
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered by
my counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the Complaint in Divorce and to the extent that the document is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification,
This statement and verification are made subject to the penalties of18 Pa, C.S, Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties,
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In The Court of Common Pleas of
Cumberland County, Pennsylvania
FileNo.
2001-03817
O'BRIEN LISA A
vs
O'BRIEN TIMOTHY J
STATEMENT OF INTENTION TO PROCEED
To the Court:
/"';S<<. A. 6''BI'''''oLVl
intends to proceed with the above captioned matter,
Date:
'l IN /() ~
~;r~
A ttornev for PI... ,'nf-;F f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION-IN DIVORCE
LISA A. OBRIEN,
Plaintiff
VS.
No. 2001-3817
TIMOTHY J. O'BRIEN,
Defendant
MARITAL PROPERTY SETTLEMENT AGREEMENT
1 , This agreement is made and concluded this I g-l11 day of n10 ,r,h, 2005 by
and between LISA A O'BRIEN, hereafter referred to as "Plaintiff" and TIMOTHY J.
O'BRIEN, hereafter referred to as "Defendant".
2, WITNESSETH:
3. WHEREAS, the parties are HUSBAND AND WIFE;
4. WHEREAS, unfortunate and irreconcilable difference have arisen between the
parties by reason of which continued cohabitation as HUSBAND and WIFE
has been rendered impossible; and
5, WHEREAS, the parties have agreed on a settlement of all property rights and
differences existing between them,
6, WHEREAS, the parties intend this agreement to be a full, complete,
and valid Postnuptial Agreement, providing for the absolute and final settlement of all
They're respective property rights and all claims for spousal support, alimony pendente
lite and alimony,
7, NOW, THEREFORE, with the foregoing recitals being hereinafter
incorporated by reference and deemed as an essential part hereof, and intending to be
legally bound hereby, and for other good and sufficient consideration, the receipt
whereof is hereby acknowledged, the parties being advised and represented
by counsel, mutually agree as follows:
8, NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DOMESTIC
RELATIONS CODE OF PENNSYLVANIA. Plaintiff and Defendant agree that Plaintiff
shall secure a no fault divorce based upon the irretrievable breakdown of their marriage,
PLAINTIFF AND DEFENDANT further agree to execute their respective affidavits of
consent under section 3301 9c) of the Domestic relations Code of Pennsylvania,
Waivers of Notice of Intention to Request Entry of Divorce Decree, and to execute any
documents necessary under existing rules of Pennsylvania Civil Procedure and local
rules of the Court of Common Pleas of Cumberland County, in order to allow Plaintiff to
file all such documents in the Court of Common Pleas of Cumberland County, PA.
Neither Plaintiff nor Defendant shall either directly or indirectly permit the withdrawal of
their respective affidavits of consent or of any and all other documents executed by
Plaintiff and Defendant subsequent to the execution of the documents.
The affidavits of Consent and Waivers of Notice shall be executed within (10) days of
receipt.
9. DATE OF EXECUTION. The date of execution or execution date of this
agreement shall be defined as the date upon which the parties execute it,
if they have each executed the Agreement on the same date, Otherwise, the
date of execution or execution date of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
10. REAL ESTATE. None,
11. MARITAL DEBT. The parties agree that there is joint marital debt that has
emerged from this relationship. The parties further agree that they shall independently
address the issue of joint debt with the creditor, if, and when demand is made for
payment from each individual creditor. To that extent, no specific debt is assigned to
either party of this marriage,
12. ENCUMBRANCES, WARRANTIES, GUARANTEES. The parties represent
AND WARRANT herein that there are no encumbrances, notes, judgments, liens,
pending suits or other claims against either party that will affect this settlement
agreement. ,
13. PERSONAL PROPERTY. The parties have divided all of their
marital and non-marital personal property except as stated below, Except as outlined
herein, each relinquishes any and all claims to the personal property in possession of
the other party.
14. MOTOR VEHICLES. Each party shall be responsible for all payments,
insurance, fuel and related expenses on all vehicles that they own or lease both during
this proceeding and after the entry of judgment.
15. DIVISION OF SAVINGS AND CHECKING ACCOUNTS. All joint savings and
checking accounts have been closed, All savings and checking
accounts in the individual names of the Plaintiff and Defendant shall remain
the separate property of each, independent of any claims or rights of the other. This
provision is inclusive of any Certificates of Deposit that may be in the individual names
of the parties,
16. MEDICAL INSURANCE. Both parties to this action are insured by their
respective employers and shall remain individually responsible for any and all
deductibles, co payor collateral expenses arising from their coverage under
the terms of their contract of insurance, This provision shall include all Medical,
Health and Life insurance currently available to the parties. (Mr. O'brien will
Continue to carry insurance on the Plaintiff and his children through the
Entry of Divorce. Full coverage to continue on the children after entry of
Divorce, Plaintiff to obtain her own coverage after entry of divorce,)
17. TAXES, TAX RETURN, REFUNDS. The parties agree
that they have filed or will file individual Federal, State and Local tax returns, The
Parties further stipulate that if there is any Federal, State or Local tax
obligations due, they shall be the responsibility of the party filing
the return. Neither party shall be responsible for Federal State or local tax
responsibilities incurred by the other party,
18. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. The
Parties stipulate and agree that neither party shall pay nor receive alimony
in any form.
19. ADVICE OF COUNSEL, PROPERTY RIGHTS
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective legal counsel. The parties acknowledge
that they have mutually worked to construct this agreement and agree with the terms as
presented herein, More specifically, each understands that if either party had
proceeded with an action in Divorce, under Pennsylvania law, the marital property
of the parties would have been divided by the Court based on the following factors:
a. The length of the marriage.
b. Any prior marriage of either party,
c. The age, health, station, amount and sources of income, vocational
skills, employability, estate, liabilities and needs of each of the parties,
d. The contribution by one party to the education, training or increased
Earning power of the other party.
e, The opportunity of each party for future acquisitions of capital assets
and income.
f. The sources of income of both parties, including but not limited to,
medical, retirement, insurance or other benefits,
g. The contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of the marital property.
h. The standard of living of the parties established during the marriage.
I. The economic circumstances of each party at the time the division of
property is to become effective,
20. ADVICE OF COUNSEL- ALIMONY. Further, each party has had explained
to him I her that if either had proceeded with an action in Divorce, under Pennsylvania
law, the appropriateness of awarding alimony to one of the parties would have been
determined by the court, based upon the following factors:
a, The relative earnings and earning capacities of the parties.
b, The ages and physical, mental and emotional conditions of the parties.
c. The sources of income of both parties, including but not limited to
medical, retirement, insurance or other benefits,
d. The expectancies and inheritances of the parties.
e, The duration of the marriage.
f, The contribution by one party to the education, training or increased
earning power of the other party,
g. The standard of living of the parties established during the marriage.
h. The relative assets and liabilities of the parties.
I. The property brought into the marriage by either party.
J. The relative needs of the parties,
k. The marital misconduct of either of the parties during the marriage,
The marital misconduct of either of the parties from the date of final separation shall not
be considered by the court in its final decision relative to alimony,
I. The Federal, State and local tax ramifications of the alimony award,
m, Whether the party seeking alimony is incapable of self-support
through appropriate employment.
Each party has also had explained to him I her that if an Order for Alimony
had been entered by the court, the court would have determined the amount of the
payments, the duration of the payments, and that the payments would be subject to
modification or termination based upon changed circumstances, cohabitation,
remarriage or death,
Each party confirms that she or he fully understands the factors
regarding equitable distribution and alimony under the Divorce Code of Pennsylvania,
that each waives her I his right to have the Court equitably divide their marital property
or determine the appropriateness of alimony, and that each fully understands the terms,
conditions and provisions of this Agreement, and finds them to be fair, just, equitable
and reasonable under the existing circumstances, The parties further confirm that each
is entering into this Agreement freely and voluntarily and that the execution of this
Agreement is not the result of any duress, undue influence, collusion or improper
or illegal agreement.
21. BREACH If either party breaches any provision hereof, then the
Non-breaching party shall have the right, at his or her election, to sue for damages for
the breach, or seek such other remedies or relief as may be available to him or her,
and the defaulting party shall be responsible for payment of all legal fees and costs
incurred by the other party in enforcing his or her right under this Agreement.
It is expressly understood and agreed by and between the parties that
this Agreement may be specifically enforced by either the Plaintiff or the Defendant in a
Court of Equity by either party, the other party will make no objection on the alleged
ground of lack of jurisdiction of the court on the ground that there is an adequate
remedy at law. The parties do not intend or purport to improperly confer jurisdiction
on a court in Equity by their Agreement, but they agree as provided herein for the forum
of equity in mutual recognition of the present state of the law, and in recognition
of the general jurisdiction of courts in equity over Agreements as outlined herein.
22. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All property set
apart herein either now or in the future as the separate property of either the Plaintiff
or Defendant and all property now owned by or titled to the Plaintiff or to the Defendant
individually and all property acquired by Plaintiff or Defendant individually at anytime
after the execution of this Agreement shall remain the separate property of that party
and shall under no circumstances be considered or construed to be marital
property as that term is used in the Pennsylvania Divorce Code and as such shall
not be subject to equitable distribution. This agreement shall be deemed to be and
construed to be a valid Agreement for the purpose of waiving the provision concerning
equitable distribution as that term is used in the Pennsylvania Divorce Code,
23. DISCLOSURE. Each party agrees and represents that he or she has
made a full and complete disclosure to the other of all assets and liabilities whether
joint or individual of each party and each party further acknowledges that he or she
is satisfied that such complete disclosure has been made.
24. DIVORCE. It is the understanding of the parties that their marriage
is irretrievably broken, and each warrants and represents to the other that he or she
will acknowledge to the Court of Cumberland County that his or her marriage to the
other is irretrievably broken and each will consent to the courts decree divorcing them
from the bonds of matrimony as a condition to the performance of this Agreement.
25. EQUITABLE BINDING PROPERTY AGREEMENT. The parties agree and
acknowledge that this Agreement affects an equitable distribution of the parties marital
property in a manner which is satisfactory to each, This agreement may be
incorporated into the final decree of divorce in any divorce action which may be
pending between the parties. This Agreement shall not be merged in any such decree,
but shall survive the decree and be forever binding upon the parties,
26. TRANSFERS AND PAYMENT CONTINGENT UPON THE ENTRY OF A
DECREE OF DIVORCE. It is specifically understood and agreed by and
between the parties that the conveyances, transfers and assignments of
real and personal property are all made contingent upon the entry of a valid and
final decree in Divorce severing and terminating the marriage relationship between
the parties,
27. INCORPORATION IN JUDGMENT FOR DIVORCE. In the event either the
Plaintiff or the Defendant at any time hereafter obtains a divorce in the cause
presently or hereafter pending between them, this Agreement and all of its provisions
may be incorporated for the purposes of enforcement only, but not merged, into any
such judgment for divorce, either directly or by reference. The Court, on entry of the
judgment for divorce shall retain the right to enforce the provisions and the terms of the
Agreement.
28. COUNSEL FEES. The parties shall be responsible for their own attorney
fees.
29. PERSONAL RIGHTS. Each party shall be free from all interference,
authority and control, direct or indirect, by the other, as fully as if he or she were single
and unmarried. Neither party shall disturb, malign or molest the other or compel
or endeavor to compel the other to cohabit or dwell with him or her, or to interfere
with the occupation, friendships, society, or acquaintances which either of the parties
may choose to have from this day forward,
30. EXECUTION OF DOCUMENTS. Each party shall, upon the reasonable
request of the other party or his or her designee, promptly make, execute and deliver
any papers, documents and instruments and perform such acts as may be
reasonably necessary or desirable for the purpose of giving full force and effect to the
provisions of this Agreement and to carry out the intent of the parties as expressed
herein,
31. PARTIAL INVALIDITY. If any provision of this agreement is held to be
invalid or unenforceable, all other provisions shall nevertheless continue in full force
and effect.
32. WAIVER OF ESTATE CLAIMS. Each party hereby waives, releases, and
relinquishes any and all rights that he or she may now have, or hereafter acquire as
the other party's spouse under the present or future laws of any jurisdiction, including
but not limited to the following:
(a) To elect or take against any will or codicils of the other party,
now or hereafter in force,
(b) To share in the other party's estate in the case of intestacy,
(c) To act as executor or administrator of the other party's estate,
(d) To be the beneficiary of any stock account, bank account, life
insurance policy, pension, 401 (K) , profit sharing, or other retirement
account.
33. SITUS. This agreement shall be construed and governed in accordance
with laws of the Commonwealth of Pennsylvania,
34. CONSTRUCTION. This Agreement shall not be construed against either
party as the party preparing it, it being agreed that both parties have participated in
the preparation thereof.
35. PENSION AND PROFIT SHARING. It is agreed between the parties that
no retirement, profit sharing or pension funds exist for equitable distribution to either
party, A complete investigation has been conducted into Defendants Retirement and
or 401 k plans, A copy of which is appended hereto and marked Exhibit A, The
Defendant affirms, by virtue of his signature hereon that there are no other retire-
ment, savings or 401 k accounts other than what is reflected in Exhibit A. The
Plaintiff also affirms, by virtue of her endorsement hereon that she has no retirement,
Savings or 401 K plans that are subject to distribution between the parties,
36. 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,
37. REPRESENTATION. Each party acknowledges that this Agreement has
been entered into freely and voluntarily with full knowledge of the facts and full
information as to the legal rights and liabilities of each and that each hereby certifies
he or she has fully read this Agreement, understands the same and believes the same
to be reasonable under the circumstances.
38. BINDING EFFECT. The terms, provisions and conditions of this Agreement
shall be binding upon any and all of the heirs, executors, administrators,
successors or assigns of either of the respective parties hereto, except as may be
otherwise herein provided,
39. MODIFICATION AND 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
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.
40. ENFORCEMENT. The parties hereto agree that the provisions of this
Agreement may be entered and enforced by an appropriate court order at the
action of the entitled party and against the obligated party, as the case may be,
when any problem arises.
41. PURPOSE. This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations or
agreements, oral or written of any nature whatsoever, other than those herein
contained. The provisions of this Agreement are intended to consider, determine,
and distribute all assets of the parties as a part of the terms of this
Postnuptial Agreement. This Agreement is intended by the parties to be a
valid Postnuptial Agreement, providing for the absolute and final settlement
of their respective property rights. This agreement is not intended to be a mere
Separation Agreement.
42. INTENTION. Each of the parties intends to be legally bound
hereby and this Agreement shall be binding upon the heirs, personal
representatives and assigns of the respective parties hereto.
43. INCORPORATION BY REFERENCE. This Marital Property Settlement
Agreement is incorporated by reference into the Judgment of Divorce as if
reproduced in full therein,
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
This Agreement is executed in duplicate, and in counterparts, and Plaintiff
and Defendant, as parties hereto, acknowledge the receipt of a duly executed
copy and further acknowledge that each copy shall constitute an original.
(/J1,Yt ;1, {) IJJA~
Lisa a. O'Brien, Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the ~ay of~2005, before me, a Notary Public,
the undersigned officer, personally appeared I iSCL {J. (J IBn"M
known to me, or satisfactorily proven to be the person whose name is
subscribed to the within Postnuptial Agreement, and acknowledged that he I she
executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
~;Y11.J~k~
Nota u lic
/~-/ 97--
Timothy J, O'Brien, Defendant
r--'--'-"'-
"UMIVIUNWt:ALTH 0>- PENNSYLVANIA
Notarial Seal
Tammie L PetefS, Notaty PubliC
Sou1h Middletoo Twp.. Cumberland CoIJlty
My Commission Expires Sept. 9. 2007
Member. Pennsylvania Association Of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the \ 1cl\r1 day of ~
, 2005, before me, a Notary Public,
I\jlXY'~4. 91 ~
the undersigned officer, personally appeared l.- --o-ft
known to me, or satisfactorily proven to be the person whose name is
subscribed to the within Postnuptial Agreement, and acknowledged that he I ~
executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I h""~;dMota"al"",
COMMONWEALTH Oi:t-"Ei'~I-.jSYLVAi\liA
Notarial Seal \
Jennifer S. Lindsay, Notary Public
Carlisle Bora, Cumberland County
My Commission Expires Nov. 29, 2007
Member. P~~nnsvIVWli8 ~ssociation Of Notaries
This Marital Property Settlement Agreement was prepared by the Richard E. Gan,
Richard R. Gan, Esq
17 West South Street
Carlisle, PA 17112
717-241-4300
PA Bar Number 68721
().
FIUser Folder\Firm DocsIGendocs2004\1894_3amend,complaim wpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. O'BRIEN,
Plaintiff
v,
CNIL ACTION - LAW
NO, 2001- 3817
TIMOTHY J, O'BRIEN,
Defendant
IN DNORCE
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 at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pa, You are advised that this list is kept as a
convenience to you and you are not bound to choose a counselor from the list. All necessary
arrangements and the cost of counseling sessions are to be borne by you and your spouse, If you
desire to pursue counseling, you must make your request for counseling within twenty (20) days of
the date on which you receive this notice, Failure to do so will constitute a waiver of your right to
request counseling,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, 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, Pennsyvlania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. O'BRIEN,
Plaintiff
v,
CIVIL ACTION - LAW
NO, 2001- 3817
TIMOTHY 1. O'BRIEN,
Defendant
IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
AND NOW, this Z riel day of ~~, 2004, comes Plaintiff, Lisa A. O'Brien, by and
through her attorneys, Hanft & Knight, P.c., and files the following Amended Complaint in Divorce,
and in support thereof avers as follows:
COUNT I
1. The Plaintiff is Lisa A. O'Brien, who resides at 556 West Penn Street, Carlisle,
Cumberland County, Pennsylvania 17013.
2. The Defendant is Timothy J. O'Brien, who resides at 607 Market Street, Apartment
2, New Cumberland, Cumberland County, Pennsylvania 17070.
3, The Plaintiff and Defendant are sui juris, and both have been bona fide residents of
the Commonwealth of Pennsylvania for a period of more than six (6) months immediatelypreceding
the filing of this Complaint in Divorce,
4, The parties were married on June 1, 1991 in Cumberland County, Pennsylvania,
5, The marriage is irretrievably broken. The foregoing facts are averred and brought
under Section 3301(c) of the Divorce Code of 1980, as amended.
6. The Plaintiff has been advised ofthe availability of counseling, and that the Plaintiff
may have the right to request that the Court require the Parties to participate in counseling,
WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce,
divorcing the Plaintiff from the Defendant.
COUNT II
REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER
SECTIONS 3104 AND 3105(3) OF THE DIVORCE CODE
7. Paragraphs I through 6 are incorporated herein by reference.
8, Plaintiff and Defendant have acquired property, both real and personal during their
marriage from the date of said marriage until the date oftheir separation,
9, Plaintiff and Defendant have incurred debts and obligations during their marriage
which are subject to equitable distribution.
10. Plaintiff and Defendant have been unable to agree as to an equitable distribution of
said property,
WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital
property ofthe parties and equitably apportion their debts pursuant to the Divorce Code of 1980, as
amended.
COUNT III
ALIMONY
II. Paragraphs 1 through 11 are incorporated herein by reference,
12, Plaintiff lacks sufficient property to provide for her reasonable means and is unable
to support herself through appropriate employment.
13. Plaintiffrequires reasonable support to adequately maintain herself in accordance
with the standard ofliving during the marriage,
WHEREFORE, Plaintiff req uests Your Honorable Court to enter an award of alimony in her
favor.
Respectfully submitted,
Sean M. Shu tz, Esquire
Attorney ill No, 90946
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered by
my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and
not my own. I have read the Complaint in Divorce and to the extent that the document is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa, C,S, Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subj ect to criminal penalties.
g~ ()fr'--.
Lisa A. O'Brien
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II
LISA A. O'BRIEN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001 - 3817 CIVIL TERM
Plaintiff
V.
TIMOTHY J. O'BRIEN,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
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PLAINTIFF'S AFFIDAVIT OF CONSENT
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 21, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
3, I consent to the entry of a final decree in divorce without notice,
i'
4, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted,
5. 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 .
6. I 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: March lZ..-, 2005
iff j {i ( /:
. (1{c/7. / 011-1-<---'
Lisa A. O'Brien
LISA A, O'BRIEN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-3817 CIVIL TERM
Plaintiff
V,
TIMOTHY J, O'BRIEN,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S 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
I
il 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed
lion June 21, 2001.
II
I
I
2, Defendant acknowledges receipt and accepts service of the Complaint on
July 6, 2001.
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. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted,
6. 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.
7, I 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: March 17 ,2005
~d~/
,/ Ti otp.{J, O'Brien
LISA A. O'BRIEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
y,
NO, 2001-3817
Defendant
CIVIL ACTION - LAW
IN DIVORCE
TIMOTHY 1. O'BRIEN,
CERTIFICATE OF SERVICE
AND NOW, this 18TH day of March, 2005, I Richard R. GaD, attorneys for Plaintifl; hereby
certifY that I served a copy of the Praecipe to Transmit ReconJ this day by depositing the same in the
United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Rob O'Brien, Counsel for Timothy J. O'Brien
19 West South Street
Carlisle, Pa 17013
Gan Law Offices
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Document #: 168260.1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
LISA A. O'BRIEN,
Plaintiff
v,
CNIL ACTION - LAW
NO, 2001-3817 CIVIL TERM
TIMOTHY J. O'BRIEN,
Defendant
IN DNORCE
CERTIFICATE OF SERVICE
AND NOW, this "nf day of July, 2001, I, Michael J, Hanft, Esquire, hereby certify that
the following person was served with a True and Correct copy ofthe Complaint in Divorce filed in
the above-referenced matter. The Complaint in Divorce was mailed on June 22, 200], but actual
service took place on July 2, 2001, by Defendant signing for a copy of the Complaint in Divorce
which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted
Delivery, Postage Prepaid, addressed as follows:
Timothy J, O'Brien
108 Hill Drive
Carlisle, PA 17013
A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by
reference incorporated herein and made a part hereof
Respectfully submitted,
LAW OFFICE OF MICHAEL J. HANFT
F\Uscr Folder\Firm Dncj\GendDcsZQO 1\ I 894,3ccnificalc.,crvice wpd
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.
1. A ide Addressed to:
1\, lC+fl,t) ~\. C)6l1erJ
IcJ? rldiDrll/L.-
(1etrldc:. m 1101:0
~ J
2. Article Number (Copy from service label)
7060 ((,70 00 I 0
PS Form 3811, July 1999
c,
----------.g Agent
o Addressee
delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
,.....-...'.---.......--
I r!....4;....~..-:~._~ ~._; ,
i ~ RESTRICTED
. ',~
3'. . ervice ;~;
--. aiL.:..._DExpr~a.Majl:~:, ..:~
~~istered 0 '~tilttfrncRecejpt'oi' M~rchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
Yes
IlbY
/ d-.C7
Domestic Return Receipt
102595-00-M-0952
~
.
LISA O'BRIEN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO, 2001-3817
TIMOTHY 1. O'BRIEN,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
PRAECIPE TO TRANSMIT RECORD
TO THE PROlHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a Divorce Decree:
I, Ground for divorce:
Irretrievable breakdown under ~3301(c) of the Divorce Code,
2, Date and manner of service of Complaint:
Served upon Defendant: via personal service on July 6, 200 I,
3, Complete either paragraph (a) or (b):
( a) Date of execution of PlaintifPs and Defendant's Affidavits of Consent required
by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to
Request Entry of a Divorce Decree under Section 3301(c) of the Divorce
Code, pursuant to PaRC.P, 1920.42(e) (I)
Plaintiff - March 17, 2005
Defendant - March 17, 2005,
(bXI) Date of execution of Plaintiffs affidavit required by Section 3301(d) of the
Divorce Code: N/A
Document#: 198356.1
,
~
(2) Date of service of the plaintifi's affidavit upon the defendant: N/A
4. Complete the appropriate paragraphs:
(a) Related claims pending: All claims have been resolved by a signed
Marital Settlement Agreement dated March 17, 2005,
5, Date and manner of service of the notice of intention to file praecipe to transmit record,
a copy of which is attached, if the decree is to be entered under ~3301(d) (1) (i) of the
Divorce Code: N/A
GAN LAW OFFICES
~/ ,/8 ~J---;-:::-- c-/=------~~
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I.D, No. 68721
17 West South Street
Carlisle, PA 17013
(717) 241-4300
Attorneys for Plaintiff
? "----
-----
Document # 145617
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
Lisa A.
O'Brien
PENNA.
STATE OF
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No.
2001
Plaintiff
VERSUS
Timothy J.
O'Brien
Defendant
DECREE IN
DIVORCE
3817
AND NOW,
rn <U-eh
~.::t.. ...
,..:2J>Or, IT IS ORDERED AND
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
DECREED THAT
Lisa A.
O'Brien
AND
Ti mothy .J_
O'Brien
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
, PLAINTIFF,
, DEFENDANT,
YET BEEN ENTERED;
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
NON€.
By THE COURT:
4.
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PROTHONOTARY
J,
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