Loading...
HomeMy WebLinkAbout05-1974Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 MARY ANNE LAWLER, : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY LVANIA Plaintiff CIVIL ACTION - LAW V. :NO. AS - /91(2ivt JOHN BARRY LAWLER, JR., Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the laims set forth in the following pages, you must take prompt action. You are warned that if y :)u 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 othe claim or relief requested in these papers by the plaintiff. You may lose money or property o other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of he marriage, you may request marriage counseling. A list of marriage counselors is a ilable in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPVRTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. JIF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOU HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT M Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR 1 10 FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 MARY ANNE LAWLER, Plaintiff V. JOHN BARRY LAWLER, JR., Defendant : IN THE COURT OF COMMON PL : CUMBERLAND COUNTY, PENNSS CIVIL ACTION - LAW c :NO. OS - I9`7? IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, MARY ANNE LAWLER, by through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Divorce ftom the above-named Defendant, JOHN BARRY LAWLER, JR., upon hereinafter set forth. 1. Plaintiff is MARY ANNE LAWLER, an adult individual, who 625 B Street, Enola, Pennsylvania 17025. 2. Defendant is JOHN BARRY LAWLER, JR., an adult individual, who resides at 625 B Street, Enola, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Pennsylvania for at least six (6) months immediately previous to the filing of this S OF VANIA in grounds resides at of 4. The Plaintiff and Defendant were married on July 27, 1991, in Lewes, There have been no prior actions of divorce or for annulment between thel parties. The Plaintiff and Defendant are both citizens of the United States of The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of marriage counseling understands that she may request that the Court require the parties to participate in 9. The Plaintiff avers that the grounds on which the action is based are that marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in lbivorce dissolving the marriage between the parties. Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce are correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: Y/106'r-, MARIANNE LAWLER, Plaintiff and n rii o G ? , Constance P. Brunt, Esquire Supreme Court ID 929933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbru nt@paonline.com MARY ANNE LAWLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. :NO. 05-1974 JOHN BARRY LAWLER, JR., : IN CM T1 Rq Defendant : IN DIVORCE ACCEPTANCE OF SERVICE 1, JOHN BARRY LAWLER, JR., accept service of a copy of the Complaint in Divorce filed in the above-captioned matter. 7 'rJOHN BARRY LAWLER, JR., Defendant 625 B Street Enola, PA 17025 Sworn and subscribed before me this ei-1?74A, day of 2005. Notary Public Notarial seal Constance P. Btwt, Notary Public Susquehanna 7Wp., Dauphin County My Commission Expires pct. 20, 2005 ti Q' 3'c S C--) ? •/. CP Constance P. Brunt, Esquire Supreme Court 10 629933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232.7200 MARY ANNE LAWLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND (AUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 05-1974 CIVIL TERM JOHN BARRY LAWLER, JR., Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 18, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavnt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: .?---1(V ? J MARY A NIE LAWLER, Plaintiff ?., o a c'? ? ..,? t L?' ; ' ? ?' n?r ?' ;" - ? m -o c? - r ,,. . -" ^ n v.,, - - '_? ?3 j= ?c= ? ' ?m ?> .ll N ? O -. ? Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 MARY ANNE LAWLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 05-1974 CIVIL TERM JOHN BARRY LAWLER, JR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §330111C1 AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. 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. 3. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE. ?A r?fQU? P MARY NNE LAWLER, Plaintiff 9A t oil MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 12A, day of 2005, by and between MARY ANNE LAWLER, now of East Pennsboro Township, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", -AND- JOHN B. LAWLER, JR., now of East Pennsboro Township, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 27, 1991, in Lewes, Delaware: and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties intend to live separate and apart from one another hereafter, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been independently represented by counsel, CONSTANCE P. BRUNT, ESQUIRE, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary, and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement, is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has either been fully advised by his or her respective attorney or has voluntarily waived his or her right to receive legal advice of the impact of the Pennsylvania Divorce Code, whereby the Court has the power and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property owned or possessed individually by either, counsel fees and costs of litigation. Nonetheless, 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 and her respective right to have the Court Of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt 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. SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to 2 live separate and apart from each other and to reside, from time to time, at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. 2. SUBSEQUENT DIVORCE. The parties hereby agree that Wife will promptly file a Complaint in Divorce in The Court Of Common Pleas of Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code as soon as practicable. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony, alimony pendente lite, or support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 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 or 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. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set 3 forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option at the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties 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. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. Except as otherwise specifically set forth herein, each party shall be solely responsible for any debts or liabilities incurred in his or her individual name at any time, and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of such debts or obligations. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against 4 the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary; or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony oendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other tangible personal property between them. The parties mutually agree that Husband shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property as set forth on Schedule "A" attached hereto and made a part hereof, and that Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the said tangible personal property assigned to Husband. The parties acknowledge and agree that the said tangible personal property assigned to Husband shall be removed from the marital residence no later than sixty (60) days following the date of the execution of this Agreement. The parties further mutually agree that 5 Wife shall, from and after the date hereof, be the sole and separate owner of any other tangible personal property as is currently located in the marital residence of the parties, and that Husband hereby releases and relinquishes any title, right, or interest he may have had in the past or now has in the aforesaid tangible personal property assigned to Wife. Wife shall pay to Husband the sum of $1,400.00, as his share of the value of the gas grill, washer, dryer, and lawnmower, all of which will be retained by Wife as her sole and separate property. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 7. MARITAL RESIDENCE. The parties acknowledge that they are the joint owners of a residence situate at 625 B Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, which is encumbered by a mortgage held by VNB Mortgage Company. The parties are currently both residing in the said residence. Husband shall vacate the said residence as set forth hereinafter, and Wife shall thereafter enjoy sole and exclusive possession of the said residence. From the date on which Husband vacates the residence, Wife shall assume as her sole obligation all of the expenses incident to the use and ownership of the said marital home incurred on or after the date of execution of this Agreement, including, without limitation, any and all mortgage payments, taxes, liability and fire insurance, utilities, sewer, water, refuse collections, assessments, proper maintenance, repairs, additions and improvements, and further covenants and agrees to indemnify and hold Husband harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. The parties stipulate and agree that the current fair market value of the said marital residence is $159,000.00 and that the approximate outstanding balance on the mortgage is $61,000.00. The net equity value of the property is agreed to be $85,280.00 after deduction of the costs of sale (8%) which must be considered pursuant to the Pennsylvania Divorce Code, and the mortgage balance. It is the intent of the parties that Wife shall retain the said residence, and Husband and Wife shall contemporaneously with the execution of this 6 Agreement execute a Deed transferring to Wife, all right, title, and interest in and to the said marital residence, which shall thereafter be Wife's sole and separate property. The parties agree that Husband shall receive the sum of $42,640.00 as his equitable distribution of the net equity value of the said residence. As soon as practicable after the date of execution of this Agreement, but no later than thirty (30) days thereafter, Wife shall refinance the existing VNB mortgage and satisfy it in full to release Husband from any liability thereon. At that time, Wife shall pay to Husband a partial payment in the amount of $37,640.00. Immediately upon receipt of said payment, Husband shall vacate the residence. The balance of $5,000.00 due to Husband shall be paid upon his prompt execution of an Affidavit of Consent and any other documents necessary to finalize the mutual consent, no-fault divorce, which the parties intend shall be executed as soon as possible after ninety (90) days have expired from the filing and service of Wife's complaint in divorce. All such funds paid to him shall thereafter be Husband's sole and separate property. Wife shall assume sole responsibility for any recording fees, costs or expenses incident to the aforesaid transfer of the said marital home to Wife by Husband. 8. DISTRIBUTION OF CASH ASSETS. Except as set forth herein, each party shall retain as his or her sole and separate property, free and clear from any claim, right, title or interest on the part of the other, any bank or depository account or cash assets of any nature, now in his or her respective individual name. The parties acknowledge that they have one joint savings account with Belco Community Credit Union, designated as the "Whatever" account, (account S3). The parties have filed joint tax returns for 2004 and have received a refund in the amount of $4,862.00, which has been deposited to this account. This account will be immediately closed, and the balance shall be divided equally between the parties. From Husband's share of the account, he shall reimburse Wife in the amount of $162.50 for one-half of the cost of the appraisal of the marital residence which Wife paid. 9. VEHICLES AND RECREATIONAL EQUIPMENT. Wife shall retain possession 7 and ownership of the 1993 Ford Explorer, free and clear of any claim, right, title or interest in said vehicle on the part of Husband. Husband shall retain possession and ownership of the 1996 Ford Bronco and 2002 Harley Davidson motorcycle, free and clear of any claim, right, title or interest in said vehicles on the part of Wife. Husband shall retain possession and ownership of the Lowe bass boat and trailer and utility trailer, free and clear of any claim, right, title or interest in said boat and trailers on the part of Wife. The parties shall promptly cooperate in the execution and delivery of any documents necessary to effectuate any required transfer of title or registration consistent with this provision. 10. LIFE INSURANCE. The parties shall each retain as his or her separate property any policies of life insurance of which he or she is now the owner. 11. CEMETERY LOTS. Each party shall retain any cemetery lots titled in his or her respective name, free of any claim by the other party. 12. DISTRIBUTION OF RETIREMENT ASSETS AND ACCOUNTS. The parties acknowledge that the Husband is the owner of an Individual Retirement Account with Morgan Stanley. Husband shall retain this account as his sole and separate property free of any claims of any nature by Wife. The parties further acknowledge that Wife is a participant in a pension/retirement plan and a 401(k) plan through her retirement with Verizon. Wife shall retain as her sole and separate property all rights of any nature in her pension/retirement plan and her 401(k) plan account, free of any claims by Husband. Contemporaneously with the execution of this Agreement, Husband shall execute any additional waivers or other documents that are required by the Verizon plan administrators to effectuate the provisions of this paragraph and 8 to waive any claims he might now or hereafter have in Wife's said retirement assets. 13. TAXES. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 14. PETS. Wife shall retain custody and ownership of the following pets: a parrot named "Dell", a Bichon Frise dog named "Cassie", and a Bichon Frise/Wheaton Terrier dog named "Lily". 15. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents as may be reasonably required to give full force and effect to the provisions of this Agreement. 9 16. 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 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. 17. ENTIRE AGREEMENT. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 19. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 20. 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 to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her, regardless of whether the issues relating to the breach are resolved by settlement or by determination of the court. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of 10 any proceedings of any nature for enforcement of this Agreement. 21. APPLICABLE LAW. Commonwealth of Pennsylvania. 22. VOID CLAUSES. This Agreement shall be construed under the laws of the If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on 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 seals the day and year first above written. WITNESS: r% %ill ;1' ,____'? (o Zc ,??1? (SEAL) C,SOHN B. LAWLER, JR. (SEAL) MAR NNE LAWLER 11 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN On this l ti?, day of? 2005, before me, the undersigned officer, personally appeared MARY ANNE LAWLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notarial Seal Constance P. Brunt, Notary Public Susquehanna 1Wp., Dauphin County My Commission Expires Oct. 20, 2009 Z Tr-1 ' Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this ffi-- day of A 2005, before me, the undersigned officer, personally appeared JOHN B. LAWLER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Constmce P. Brun[, Notary Public ?usquehama 1Wp., Dauphin County y Commission Expires Oct. 20, 2005 11 ? 4 Notary Public 4 Notarial Seal ri w T _? CJ :O Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 MARY ANNE LAWLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 054974 CIVIL TERM JOHN BARRY LAWLER, JR., Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 18, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: (?30HN BARRY LAWLER, JR.,? efendant Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 MARY ANNE LAWLER, Plaintiff V. JOHN BARRY LAWLER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1974 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301() AND §-3301(DJ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. 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. 3. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: /f. /? ,JGHN BARRY lA1NLER, JR., Defen ant f? ~' rti t..7 L Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 MARY ANNE LAWLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN BARRY LAWLER, JR., CIVIL ACTION - LAW NO. 05-1974 Defendant : IN DIVORCE 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: Acceptance Of Service dated April 20, 2005, and filed on April 26, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff on June 22, 2005 (filed on July 11, 2005) ; by Defendant on January 11, 2006. (b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A; . F f N/A. (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: 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 Plaintiffs Waiver Of Notice was filed with the Prothonotary: June 22, 2005. Date Defendant's Waiver Of Notice was filed with the Prothonotary: January 18, 2006. Respectfully submitted, DATE: 111 &?-,Ie CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff N C:. rn u C7 I. C) 'l .a ~' - ril, I i-? -i { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. r r?z ? MARY ANNE LAWLER N O. 05-1974 CIVIL TERM VERSUS JOHN BARRY LAWLER, M. DECREE IN DIVORCE AND NOW, 2 y , ACV , IT IS ORDERED AND DECREED THAT MARY ANNE LAWLER , PLAINTIFF, AND JOHN BARRY LAWLER, JR. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE COURT: ATTES J. o PROTHONOTARY a; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. Qtr 40/9 7y . IN DIVORCE ?h? .??'ry ?di?/Le•e f fir, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or >( after the entry of a Final Decree in Divorce dated / ay dooG , hereby elects to resume the prior surname ofg,4e ' , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 1- 009 -??? Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF _8LM t"j On the /a* day of , 2001, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Aj_ NOTARIAL SEAL Prothonotary o otary ublic PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 ?i = ca