HomeMy WebLinkAbout05-3524
PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO. D5"~JJ-~
: CIVIL ACTION - LAW
: IN DIVORCE
CIVIL TERM
KATHLEEN A. GALLACHER,
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
will proceed without you and a decree in divorce or annulment may 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 the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. a5- 3.5:z.(
: CIVIL ACTION - LAW
: IN DIVORCE
CIVIL TERM
KATHLEEN A. GALLACHER,
Defendant
COMPLAINT IN DIVORCE
1. Plaintiff is Peter F. Gallacher, an adult individual, currently residing at 719 Barbara
Street, New Cumberland Borough, Cumberland COlUlty, Pennsylvania.
2. Defendant is Kathleen A. Gallacher, an adult individual, currently residing at 719
Barbara Street, New Cumberland Borough, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are bonafide residents of the Commonwealth of
Pennsylvania and have been so for at least six months immediately previous to the filing of this
complaint.
4. Plaintiff and Defendant were married on March 25, 1989 in New Cumberland
Borough, Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Defendant is not a member of the Armed Forces of the United States of
America, or its Allies.
7. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based Upon the belief that Defendant will, after ninety
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce.
Respectfully Submitted,
t l S ul.-t 2-006
Date
ROBERT P. KLINE,
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
VERIFICATION
I verifY that the statements made in the foregoing Divorce Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904
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PETER F. GALLACHER
relating to unsworn falsification to authorities.
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PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3524
CIVIL TERM
KATHLEEN A GALLACHER,
Defendant
: CIVIL ACTION- LAW
: IN DIVORCE
ACCEPTANCE OF SERVIC]~
I, Kathleen A. Gallacher, hereby accept service of the Divorce Complaint in the above-
captioned matter.
Date: 1(- 13 - 60:,.-
~A_)J~
KA HLEEN A. GALLACHER
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PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3524
CIVIL TERM
KATHLEEN A. GALLACHER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
This Agreement, made and entered into this '!+}..,
day of August, 2005, between
KATHLEEN A. GALLACHER, of New Cumberland, Cumberland County, Pennsylvania,
hereinafter referred to as "Wife", and PETER F. GALLACHER, of New Cumberland,
Cumberland County, Pennsylvania, hereinafter referred to as "Husband".
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married
to each other on March 25, 1989, in Cumberland County, Pennsylvania;
WHEREAS, the parties hereto are now living separate and apart and desire to enter into an
Agreement respecting their property rights, regardless of the actual separation or other character
thereof and their other rights, including each party's right to support and maintenance;
WHEREAS, both and each of the parties hereto have been advised of their legal rights and
the implications of this Agreement and the legal consequences that may and will ensue from the
execution hereof, and each has had the opportunity to consult with his or her own competent legal
counsel independent of each other;
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each
has fully and completely disclosed all information of a financial nature requested by the other, and
that no information of such nature has been subject to distortion or III any manner being
misrepresented; and
WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all
of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving
spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property
of the Husband, now owned by him or which in the future may be owned by him, and all rights to
alimony, alimony pendente lite, counsel fees, or expenses other than as set forth herein, Husband
likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or
otherwise, actual and currently existing or inchoate in and to the real and personal estate of the
Wife, currently owned by her or which she may own in the future, and all rights to alimony,
alimony pendente lite, counsel fees or expenses other than as set forth herein;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby
mutually agree as follows:
1. Separation. Husband and Wife do hereby mutually agree and consent to live
separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times
hereafter to live separate and apart from each other, and to reside, from time to time, at such place
or places as they respectfully shall deem fit, free from any control or restraint or interference, direct
or indirect, by each other.
2. No Molestation, Harassment or Interference. Neither party shall molest, harass
or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him
or her by any means whatsoever.
3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth
herein, in which event such express provision shall take precedence over this paragraph, the parties
hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights
in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the
rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family
exemption or allowance, to be vested with letters of administration or letters testamentary, or to
take against any will of the other, and each agrees with the other if either should die intestate, his or
her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin,
excluding the other as though he or she had died a widow or widower. And each further agrees that
should the other die testate, his or her property shall descend to and vest in those persons set forth in
the other's Last Will and Testament as though the spouse so designated as beneficiary had
predeceased the testator. The parties further agree that they may and can hereafter, as though
unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real
estate and personal property which either of them now or hereafter own or possess and further agree
that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so.
Each of the parties hereto further waives any right of election contained in Chapter 22 of the
Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable
distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce
Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal
obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise
for the other, and to that end each of the parties hereto does hereby waive any right to receive
support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance
whatsoever from the other, except as otherwise expressly provided for herein.
4. Division of Personal Property. Except as otherwise provided herein, the parties
agree that all items of personal property obtained by the parties during their marriage had been
divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own,
have and ertioy, independently of any claim of right of the other party, all items of personal property
of every kind, nature and description and wheresoever situated which are now owned or held by or
which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband
or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or
she were unmarried.
S. Debts. The parties are joint obligors on a home equity line of credit secured by the
marital residence at 719 Barbara Street, New Cumberland, Cumberland County, Pennsylvania. The
parties hereby agree that they have made adequate arrangements for the payment of this home
equity line of credit from the proceeds of an annuity which is otherwise being distributed pursuant
to Paragraph 4 above.
6. Future Debts. The parties further agree that neither will incur any more further
debts for which the other may be held liable, and if either party incurs a debt for which the other
will be liable, that party incurring such debt will hold the other harmless from any and all liability
thereof.
7. Real Property. The parties agree that the real property located at 719 Barbara
Street, New Cumberland, Cumberland County, Pennsylvania, shall be the sole and separate
property of Wife. On or before November 30, 2005, Wife shall pay to Husband the sum of
$65,000.00, less one-half (112) of any closing costs incurred by Wife in conjunction with any
financing or other conveyance necessary to obtain said funds.
8. Waiver of Alimony. In consideration of the mutual agreement of the parties
voluntarily to live separate and apart and the provisions contained herein for the respective benefit
of the parties and other good and valuable consideration, the parties agree to waive any and all
claims for any alimony.
9. Pension. Both parties agree to waive any claims they may have to any pension or
employment benefits of any kind, earned during the marriage, by the other party.
10. Bankruptcy. The parties acknowledge and agree that they have specifically
structured this Agreement so that the terms, covenants, and conditions set forth herein are non-
dischargeable in bankruptcy, under II U.S.C.~523(a)(5), ~S23(a)(lS), or otherwise. It is further
specifically acknowledged, represented and understood that as part of the consideration of the
making of this Agreement, that:
(a) Such obligation is for alimony to, maintenance for or support of the other party;
(b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt
from income or property not reasonably necessary to be expended for the maintenance
or support of the Filing Party or of a dependent of the Filing Party or if such party is
engaged in a business, for the payment of expenditures necessary for the continuation,
preservation and operation of such business;
(c) Discharging such debt will not result in a benefit to the Filing Party that would
outweigh the detrimental consequences to the other party or a child of the Filing Party.
Both parties further acknowledge that the preceding terms and representations set forth their actual
intent.
11. Divorce. The parties acknowledge that an action for divorce between them has
been filed by Husband and is presently pending between them in the Court of Common Pleas of
Cumberland County to the caption Peter F. Gallacher v. Kathleen A. Gallacher, No. 05-3524 Civil
Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a
final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken,
and to settle amicably and fully hereby all claims raised by either party in the divorce action. The
parties acknowledge they shall execute the necessary Affidavits of Consent for the entry of a final
divorce decree in that action upon the expiration ofthe applicable required waiting period.
12. Breach. In the event that either party breaches any provision of this Marital
Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the
terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other
party. In the event of breach, the other party shall have the right, at his or her election, to sue for
damages for such breach or to seek such other and additional remedies as may be available to him
or her.
13. Enforcement. The parties agree that this Marital Settlement Agreement or any part
or parts hereof may be enforced in any court of competent jurisdiction.
14. Applicable Law and Execution. The parties hereto agree that this Marital
Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania
and shall bind the parties hereto and their respective heirs, executors and assigns. This document
shall be executed as original and multiple copies.
15. The Entire Agreement. The parties acknowledge and agree that this Marital
Settlement Agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises, covenants or
understandings between the parties other than those expressly set forth herein.
16. Incorporation and Judgment for Divorce. In the event that either husband or
wife at any time hereafter obtain a divorce in the action for divorce presently pending between
them, or otherwise, this Agreement and all of its provisions shall be incorporated into, but shall not
merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of
judgment for divorce, shall retain the right to enforce the provisions and terms of this Marital
Settlement Agreement.
17. Additional Instruments. Each of the parties shall on demand or within a
reasonable period thereafter, execute and deliver any and all other documents and do or cause to be
done any other act or thing that may be necessary or desirable to effectuate the provisions and
purposes of this Agreement. If either PartY fails on demand to comply with this provision, that
PartY shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a
result of such failure.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS:
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KATHLEEN A. GALLACHER
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PETERF.GALLACHER
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND
On the A day of August, 2005, before me, the undersigned officer, a Notary Public,
personally appeared KATHLEEN A. GALLACHER, known to me or satisfactorily proven to be the
person whose name is subscribed to the within instrument, and acknowledge that she executed the
foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
. ii471~~~~
h~RY PUBLIC
/ COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sharon R. Feister. Notary Public
ew Cumberland BoTO, Cumberland COWJty
My Commission Expires Apr. 15, 2007
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND
On the y~ day of August, 2005, before me, the undersigned officer, a Notary Public,
personally appeared PETER F. GALLACHER, known to me or satisfactorily proven to be the
person whose name is subscribed to the within instrument, and acknowledge that he executed the
foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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/NOT AR Y PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sharon R. Feister, Notary Public
ew Cumberland Bom, Cumberland County
My Commission Expires Apr. 15, 2007
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PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3524
CIVIL TERM
KATHLEEN A. GALLACHER,
Defendant
: CNIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 12,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of the final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE
TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 P A. C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
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PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3524
CIVIL TERM
KATHLEEN A. GALLACHER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 12,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of the final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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.
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PETERF.GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3524
CIVIL TERM
KATHLEEN A. GALLACHER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 330l(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 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 VERlFY 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
F ALSIFICA TION TO AUTHORlTIES.
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PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3524
CIVIL TERM
KATHLEEN A. GALLACHER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I VERlFY 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 AUTHORlTIES.
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KATHLEEN A. GALLACHER
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PETER F. GALLACHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3524
CIVIL TERM
KATHLEEN A. GALLACHER,
Defendant
: CIVIL ACTION - LAW
: 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 by Defendant
on July 13,2005.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: By Plaintiff: October 17,2005; By Defendant: October 25, 2005.
4. Related claims pending: None. All related claims have been resolved pursuant to
Marital Settlement Agreement dated August 4, 2005, which shall be incorporated by reference, but
which shall not merge with the Divorce Decree entered in this matter.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code:
Waiver of notice executed by Plaintiff on October 17,2005 and by Defendant on October 25, 2005.
2' 0 C) z.as)
Date
submitted,
?~
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, P A 17070-0461
(717) 770-2540
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PEN NA.
PETER F. GALLACHER,
PLAINTIFF
No. 05 3524 r:i vi] T"'r-'"
VERSUS
KATHLEEN A. GALLACHER.
DEFENDANT
DECREE IN
DIVORCE
AND NOW,
rJ~ I"
4-11:3~
2005
, IT IS ORDERED AND
DECREED THAT
PETER F. GALLACHER
, PLAI NTI FF,
AND
KATHLEEN A. GALLACHER
, 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. The Marital Settlemant Agr-eement deted August 4, 2005 is
into,
erge with, this Decree.
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PROTHONOTARY
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