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HomeMy WebLinkAbout05-4401MARGARET K. MCHUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH J. MCHUGH, Defendant : NO.2005- : IN DIVORCE NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 717-249-3166 MARGARET K. MCHUGH, Plaintiff v JOSEPH J. MCHUGH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2005 - zlq o DIVORCE COMPLAINT Plaintiff, Margaret K. McHugh, by her attorneys, Broujos & Gilroy, P.C., sets forth the following- 1 Plaintiff, Margaret K. McHugh, is an adult individual residing at 118 Parker Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, Joseph J. McHugh, is an adult individual residing at 116 Pine Tree Drive, Newville, Cumberland County, Pennsylvania. 3 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action. 4 Plaintiff and Defendant were married in Liverpool, Onondaga County, New York on August 22,1992. 5 There have been no prior actions of divorce or for annulment between the parties. 6 Neither party is a member of the armed services of the United States. 7 The marriage is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing her from the Defendant. BROUJOS & GILROY, P.C. By Hubert X. Gilroy squ Attorney for P ntiff Broujos & G' roy, P.C. 4 North H over Street Carlisle, P"A 17013 717-243-4574 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. o. Marg t K. McHugh Plaintiff n r„? ; c:, ;? .. ?,. <?'- ?a ?? \hV\p `. ? ?, LL-i !?? ?yL yV 1? O? ?? 5 ??j- -c 'ri ,? ???? ilZ X {:? v i? \'7^ ' N` V .}? V 1?^{ ?1.y1 `[_? V `?? v MARGARET K. MCHUGH, Plaintiff Vs. JOSEPH J. MCHUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 20054401 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Margaret K. McHugh, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (x) Divorce (x) Distribution of Property () Annulment () Support (x) Alimony (x ) Counsel Fees ( ) Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by his attorney, Michael Scherer, Esquire. (3) The statutory grounds for divorce are: Section 3301(A) or Section 3301(C) (4) Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: None Date: November d , 2006 //?X V oy, Esquire Hube 7i, Attorney ain tiff ORDER APPOINTING MASTER AND NOW, , 20069 Esquire is appointed Master with respect to the following claims: By the Court: Judge C) rrl i r, cr% DEC 0 7 2006 oi/ MARGARET K MCHUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 2005-4401 CIVIL ACTION - LAW JOSEPH J. MCHUGH, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Margaret K McHugh, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (x) Divorce (x) Distribution of Property () Annulment () Support (x) Alimony (x ) Counsel Fees () Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by his attorney, Michael Scherer, Esquire. (3) The statutory grounds for divorce are: Section 3301(A) or Section 3301(C) (4) Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: None Date: November > d , 2006 /// A V HHubefit . G' oy, Esquire Attorney f Plaintiff ORDER APPOINTING MASTER AND NOW, ZtOL? -7 , 2006, cc 4yo &? d" 7t , Esquire is appointed Master with respect to the following claims: GQJo azaze--d T-' By Court: Judge a p P--., C Q Fri CT-N U-1i t3 O L3- C?3 -0 LS C"Y F:\FILES\DATAFILE\General\Cu ent\I 1635\McHugh Praecipe to change appearance Created: 9120104 0:06PM Revised: 2/15/07 4:50PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION LAW JOSEPH J. MCHUGH NO. 2005 -4401 Defendant DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of the firm of Broujos & Gilroy, P. on behalf of the Plaintiff, Margaret K. McHugh, in the above case. Dated: February 15, 2007 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 ID #29943 Please enter the appearance of the firm of Martson, Deardorff, Williams, Gilroy, and Otto on behalf of the Plaintiff, Margaret K. McHugh, in the above case. Dated: February 15, 2007 U Hubert X. Gil y, Esquire Martson La Offices 10 East H' h Street Carlisle A 17013 (717) 43-3341 ID # 9943 Cl ?g - K -ter n n r rn IL t '°'Z7 ?-? Y.? Co F:\FILES\DATAFILE\General\Current\I 1635\McHugh Petition Raising Economic Claims Created: 9/20/04 0:06PM Revised: 2/15/07 3:24PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION LAW JOSEPH J. MCHUGH NO. 2005 -4401 Defendant DIVORCE PETITION RAISING ECONOMIC CLAIMS Petitioner, Margaret K. McHugh, sets forth the following in conjunction with the above captioned divorce action: 1. Petitioner is a Plaintiff in the above captioned divorce action. 2. The parties in the above action possess various items of real and personal property which is subject to equitable distribution by this Court in the divorce action. 3. Petitioner is without sufficient assets to sustain herself during the divorce proceedings and to pay her legal fees. 4. Petitioner may incur various appraisal or other expert fees that she is unable to pay. 5. Upon the entry of a divorce decree, Petitioner may be unable to sustain herself economically. Wherefore, Plaintiff requests your Honorable Court as follows: A. To equitably divide the marital property of the parties. B. To award Petitioner Alimony Pedente Lite. C. To award Petitioner reimbursement for Expert fees and related costs. D. To award the petitioner Alimony upon the entry of a divorce decree. E. To award the Petitioner her attorney's fees. F. Such other relief as the Court deems appropriate. Martson Law Offices: By Hubert X. Attorney f Martson joy, Esquire Plaintiff eardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 717-243-4574 t 1 r1a C3 ? ''' p er 4 r V -?? < r.• :'ma`y r n ?? A co F:\FH.ES\C1ients\11635 McHugh\11635.2.consaff Created: 9120104 0:06PM Revised: 12/7/07 1:29PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for MARGARET K. MCHUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH J. MCHUGH, Defendant : NO. 2005 -4401 CIVIL ACTION LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 August 25, 2005. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about August 27, 2005. 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 of 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. §4904 relating to unsworn falsification to authorities. v Date:_ u Margar . McHugh/Plai iff c ? o ?J 1K' -TJ .ti i l { ? • f`, - -r,) rr. J c. Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for MARGARET K. MCHUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH J. MCHUGH, Defendant NO. 2005 -4401 CIVIL ACTION LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 August 25, 2005. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about August 27, 2005. 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 of 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. §4904 relating to unworn falsification to authorities. Date: 11?) fol cHu e r-? -?1 ?; ?, r ? : 4 ? ?. .. - '-t ? .? .. a ?-:' ??, ; -7, .. -^? r "' ? ?, ? .? { t1 ?? L._', ?' ?, .?? ? .? MARGARET K. McHUGH, Plaintiff VS. JOSEPH J. McHUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 4401 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 1 tt day of "AA , 2008, the economic claims raised in the procee ings having been resolved in accordance with a marital settlement agreement dated December 28, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: V --'Hubert X. Gilroy /Attorney for Plaintiff 1 Michael A. Scherer Attorney for Defendant Edgar B. Bayley, P!J. i ks In ?3-t LL ?.. ,:? ...._ ?y _ ` j _. i - r -- ?; : ? -? ?.:?: u - _ _ .. ; %= ==? : ?., , I- + I I. ES'.Gxrt," 11,35 \kllcgli, I:o!> I n,..;al Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, V. JOSEPH J. MCHUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2005 -4401 : IN DIVORCE Defendant CIVIL ACTION LAW MARITAL SETTLEMENT AGREEMENT a THIS MARITAL SETTLEMENT AGREEMENT, made this W day of December, 2007, by and between JOSEPH J. McHUGH (hereinafter referred to as "Husband") and MARGARET K. McHUGH (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on August 22, 1992, in New York; WHEREAS, one child was born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, 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 in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony 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 either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, 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. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on August 26, 2005, claiming that the marriage is irretrievably broken under 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. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a frill and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of 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 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 is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. 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 this 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. 6. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give 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 thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Wife and Michael A. Scherer, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and;'or improper or illegal agreement. The parties further acknowledge that they have each made to the other a frill and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: Husband has executed a deed conveying all of his interest in, right and title to the parties' marital residence at 11 S and will remain the sole owner of the property until she sold the property. Husband has waived any and all rights in the equity in the marital residence or any increase in value after the date of the deed to Wife. 13. BANK ACCOUNTS CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2007. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subj ect to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each will retain their own respective retirement assets. Wife hereby waives all of her rights, title and interest in Husband's retirement assets. Husband hereby waives all of his rights, title and interest in Wife's retirement assets. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. 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. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. 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 defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in detennining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS (SEAL) - 49 AL) Marg , et K. McHugh COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, ? day of i , 2007, before me a Notary Public, personally appeared Joseph J. McHugh, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s' my hand and official seal. 113or,j of Carlisle, Cumberland Cour+ty COUNTY OF CUMBERLAND SS On this, the day of 2007, before me, a Notary Public, personally appeared Margaret K. McHugh, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ;(.>rwbiiEr>L7H OF PENNSYLVANIA Nota;'al Seal :.',i;eliy Llrooks, Notary Pubic Cadde Borg, Cumberland County My CorrrrlssioriF.xpires Aug. 5, 2009 ?.12rnbc:r.'ar,r?v an:i >ssocratio;i of notaries illlNri? U?v4nr:ni; NOTARIAL SEAL Notary Public DAWN M. CAREY, Notary Public ?.uCOMMONWEALTH OF PENNSYLVANIA Nota , ublic 1446 F:\F1LES\Clients\11635 McHugh\11635.2.Affidav.ser divorcr.wpd Created: 9/20/04 0:06PM Revised: 1/9/08 9:51AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA V. NO. 2005-4401 CIVIL ACTION - LAW JOSEPH J. MCHUGH, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Joseph J. McHugh, by certified mail on August 27, 2005. A copy of the Certified Mail - Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. DATE Vubeft X. Gilroy, Es ire Attorney for Plaintif Martson Deardorff illiams Otto Gilroy & Faller 10 East High Stre t Carlisle, PA 170 3 (717) 243-3341 Sworn and subscribed before me this day of January, 2008 Notary Public ¦ 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. Article Addressed to: Received by (P!ease Print Cleary) B. Date of Deliver ?uSZrk J. C. Signature C ? Agent ? Addressee D. Is, elivery ddres-different from Ite 1? ? Yes ES, enter delivery address below: ? No Mr. Joseph J. McHugh 116 Pine Tree Drive Newville, PA 17241 3. Service Type ® Certified Mail ? Express Mail ? Registered IN Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) I1 Yes 2. Article Number (Transfer from serv Certified #7099 3400 0018 5046 2932 i ce label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 UNITED STATES POSTAL SERVICE First-Cla*s Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Hubert X. Gilroy, Esquire Broujos & Gilroy, PC 4 N. Hanover Street Carlisle, PA 17013 i!{llil!!!i1?!!![i!f(![It!!!fi{!ll!!!!!!?1![11!i?[!!!I![il!!!l? °- a?-s g-- _ - ----------- - -- .?o Ln c.r 0 C] 3 Q -' j s 0 `" Joseph J. McHugh T- 116 Pine Tree Drive :-3 r NeWille, PA 17241 1 EXHIBIT a A G A Plaintiff Defendant : IN DIVORCE CIVIL ACTION LAW MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day of December, F: \FI LES\Clicnts\ 1 1635 McHugh\ 11 o35.1. nua I p-eated. 9/20 04 0 00M Rwised: 1 ^_'7'07 10: 1 JAM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, V. JOSEPH J. MCHUGH, 2007, by and between JOSEPH J. McHUGH (hereinafter referred to as "Husband") and MARGARET K. McHUGH (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on August 22, 1992, in New York; WHEREAS, one child was born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, 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 in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony 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 either party against the estate of the other party. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 -4401 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, 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. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on August 26, 2005, claiming that the marriage is irretrievably broken under 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. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of 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 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 is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. 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 this 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. 6. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising w out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give 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 thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. S. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Wife and Michael A. Scherer, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: Husband has executed a deed conveying all of his interest in, right and title to the parties' marital residence at 118 and will remain the sole owner of the property until she sold the property. Husband has waived any and all rights in the equity in the marital residence or any increase in value after the date of the deed to Wife. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2007. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-overbasis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each will retain their own respective retirement assets. Wife hereby waives all of her rights, title and interest in Husband's retirement assets. Husband hereby waives all of his rights, title and interest in Wife's retirement assets. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. 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. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. 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 defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. (SEAL) WITNESS AL) Marg et K. McHugh COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND On this, _ , day of lam , 2007, before me a Notary Public, personally appeared Joseph J. McHugh, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s my hand and official seal. t:OMIMUhirrdrnts ? ? ?: r'tt?lVtiY! MANIA NOTARIAL. SEAL Notary Public DAWN M. CAREY, Notary Public tloru of CarNsle, Cumberland County -nnifffl%slan FVnifas Nov. 2R- 2010 1>RY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the // day of xoe'a_'O? , 2007, before me, a Notary Public, personally appeared Margaret K. McHugh, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary Public [Carlisle Boro, Cumberland County Commission Expires Aug. 5, 2009 Member, Pennsylvania Association of Notaries Not ublic t T f J` ""F:\F1LES\C1ients\11635 McHugh\11635.2.Praectpe.div.wpd Created: 9/20/04 0:06PM Revised: 1/9/08 9:44AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA V. NO. 2005-4401 CIVIL ACTION - LAW JOSEPH J. MCHUGH, 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 (X)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: August 27, 2005 by Certified Mail, return Receipt Requested. 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 December 11, 2007; by Defendant: December 28, 2007. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301() of the Divorce Code: _2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None. tM 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: December 26, 2007. (b) Date Defendant's Waiver of Notice was filed with the Prothonotary: January 7, 2008. Hubert X. Gilroy, Esq ' e Attorney for Plaintif Martson Deardorff, illimas Otto Gilroy & Faller Carlisle, PA 170 717-243-3341 ' i -; c 7 ? ,... ,, .._ik _ ? c,e:7 ?? 4.- Y ? { ` _l sw •- «.,:? .,. `::' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARGARET K. MCHUGH Plaintiff N O . 2005-4401 VERSUS JOSEPH J. MCHUGH Defendant DECREE IN DIVORCE AND NOW, _12V Z -5 IT IS ORDERED AND DECREED THAT MARGARET K. MCHUGH PLAINTIFF, AND TnRFPA T m HUGH , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLO?NING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH!A FINAL ORDER HAS NOT YET BEEN ENTERED; Marital Settlement Agreement dated December 11, 20107 is incorporated into this order. E A 1; 7 - /-'? 4,1?r /OV /V. 5c. /