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HomeMy WebLinkAbout05-5512RICHARD C. GAFFNEY, JR., PLAINTIFF V. SUE ERWIN GAFFNEY, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - STQ CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 RICHARD C. GAFFNEY, JR., PLAINTIFF V. SUE ERWIN GAFFNEY, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR SECTION 3301(D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, RICHARD C. GAFFNEY, JR., who files this complaint under Sections 3301(c) and 3301(d) of the Pennsylvania Divorce Code and who, in support thereof, respectfully represents that: 1. The Plaintiff is RICHARD C. GAFFNEY, JR., who presently resides at 11 Sheeley Lane, Boiling Springs, Pennsylvania 17007 since January 2000. 2. The Defendant is SUE ERWIN GAFFNEY, who presently resides at 11 Sheeley Lane, Boiling Springs, Pennsylvania 17007 since January 2000. 3. Plaintiff and Defendant are sui luris and both have been bona fide residents of the Commonwealth for a period of more than six months immediately preceding the filing of this complaint. 4. The Plaintiff and Defendant were married June 17, 1996 in Kissimmee, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart for a period of more than two years prior to the filing date of this Divorce Complaint. 8. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 10. Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to section 3301(c) or, alternatively, section 3301. (d) of the Divorce Code. Respectfully submitted, via 1::us Richard C. Gaffney, Jr. 11 Sheeley Lane Boiling Springs, PA 17007 Telephone: 717-343-1246 Plaintiff, pro se RICHARD C. GAFFNEY, JR., : IN THE COURT OF COMMONS PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - SUE ERWIN GAFFNEY, CIVIL ACTION - LAW DEFENDANT : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities. Date ?6-za-o6- Richard C. Gaffney, ,Plaintiff RICHARD C. GAFFNEY, JR., : IN THE COURT OF COMMONS PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - SUE ERWIN GAFFNEY, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Complaint in Divorce on counsel for the Defendant via Certified Mail, Return Receipt Requested, at the following address: Taylor Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17113 DATED: ? o Lo • 0 5 SIGNED: cQ, Richard C. Gaffne Plaintiff, pro se RICHARD C. GAFFNEY, JR., PLAINTIFF v. SUE ERWIN GAFFNEY, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, the undersigned, hereby accept service of the Complaint in Divorce filed in the above captioned docket and I certify that I am authorized to do so. DATED: SIGNED: Taylor Andrews, Esquire MAILING ADDRESS: 78 West Pomfret Street Carlisle, PA 17113 r C".> ?`,? G 1 -' ?"?,._ .?, ?. --?... .__. `, ?? r?..__ ( ""??? .? ,.?_ ?. :?. ?., RICHARD C. GAFFNEY, JR., PLAINTIFF V. SUE ERWIN GAFFNEY, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 5512 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Taylor P. Andrews, Esq., hereby enter my appearance on behalf of the Defendant, Sue Erwin Gaffney, in the above captioned action. I accept service of the complaint on behalf of Sue Erwin Gaffney, and I certify that I am authorized to do so. October 26, 2005 Anorews, rsq. for the Defendant cc: Richard C. Gaffney, Jr. 78 W. Pomfret St. Carlisle, PA 17013 717 243-0123 PA Supreme Ct.#: 15641 RICHARD C. GAFFNEY, JR., PLAINTIFF V. SUE ERWIN GAFFNEY, DEFENDANT : IN THE COURT OF COMMONS PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 5512 CIVIL ACTION - LAW . IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on or before October 1, 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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 unswom falsification to authorities. 'D S Date: /oS Richard C. Gaffney,J*?,0P1aintiff f7 a ? Z ! C r G . >C7 n 7 G O RICHARD C. GAFFNEY, JR., PLAINTIFF v. SUE ERWIN GAFFNEY, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 5512 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 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 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: t0/31/6S 1 &" S y411J.? RA hard C. Gaffney, Plaintiff o O C .,o ? -n ,. ,1ti i` ?(34? ` N ?r`-i ? ?::, c?: 3 ? ? = ; ?' ( ,; `. ? rp , ?s -{ Y RICHARD C. GAFFNEY, JR., PLAINTIFF V. SUE ERWIN GAFFNEY, DEFENDANT : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 5512 . CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of Plaintiffs Affidavit of Consent Under Section 3301(d) of the Divorce Code and Plaintiff's Waiver of Notice of Intent to Request Entry of Divorce Decree Under Sections 3301(c) and 3301(d) of the Divorce Code on counsel for the Defendant via United States First Class Mail at the following address: Taylor Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17113 DATED: q . ? ? . a5 SIGNED: VRha&rdCh.JGLaffney, Plaintiff, pro se ?.,, ? ? C? `?'? -" ?__ ..? =?,rt _.- ?r ? _ x C_: :'_-t ?, ' e G =? ?, . RICHARD C. GAFFNEY, JR., PLAINTIFF V. SUE ERWIN GAFFNEY, DEFENDANT : IN THE COURT OF COMMONS PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 5512 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE ar (11): x (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): X (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. / /'/?-os r! . ?JC Date: ...?ti L/V NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ? > :.? - n ' C 4?i1~; .d._ _?.?',T -?J ? I '-.. (_,J l CFa :? RICHARD C. GAFFNEY, JR., PLAINTIFF V. SUE ERWIN GAFFNEY, DEFENDANT WAIVER IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 5512 CIVIL ACTION - LAW IN DIVORCE OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ??S`L ?jIGJc?? ?! Sue Erwin Gaffney, Defend r-.? i-.? __ ?) _ ? _:t `?' __! - Y' C"r t ;i O S -? ? ? Revised by TPA 10/14/0 0 MARITAL SETTLEMENT AGREEMENT This MARITAL SETTLEMENT AGREEMENT (this "Agreement") is made at Boiling Springs, Pennsylvania effective as of the I4rµ day of odors.` 2005 by and between RICHARD C. GAF-FNEY, JR., who resides at 11 Sheeley Lane, Boiling Springs, Pennsylvania (hereinafter "Husband"), and SUE A. GAFFNEY, who resides at 11 Sheeley Lane, Boiling Springs, Pennsylvania (hereinafter "Wife"). Wife and Husband are referred to collectively herein as the "Parties." WHEREAS, the Parties hereto were lawfully married to each other in Kissimmee, Florida, on June 17, 1996; and WHEREAS, due to diverse and unhappy differences, the Parties are living separate and apart, as that term is used and defined in Pennsylvania's Divorce Code of 1980, as amended (the "Divorce Code") and the Parties intend to live separate and apart for the rest of their lives; and WHEREAS, the Parties desire to completely and finally settle and resolve all of the economic and other rights and obligations between themselves. NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions hereinafter contained, and intending to be legally bound, the Parties mutually agree as follows: 1. Intention with Respect to a Divorce. The Parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) or Section 3301 (d) of the Divorce Code. The Parties agree that they will each execute an affidavit of consent to divorce and all other documents necessary to secure a divorce decree under that section of the Divorce Code. The Parties understand and agree, however, that the execution and delivery of this Agreement is not predicated upon the commencement or maintenance of a divorce action. 2. Effect of Divorce Decree and Effect of No Divorce Decree. This Agreement shall continue to be effective after the entry of a final decree in divorce between the Parties and, except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. Revised by TPA 10/14/00 • 3. Incorporation into Divorce Decree. The Parties intend that this Agreement wilt be incorporated into, but will not be merged with, a divorce decree that may be entered by any court of competent jurisdiction. The Parties intend further that the Court of Common Pleas entering the divorce decree shall retain continuing jurisdiction over the Parties and over the subject matter of the Agreement for the purpose of enforcement of any of its provisions. 4. Date of Execution. The date of execution of this Agreement shall be the date on which the second of the Parties signs this Agreement. 5. Effective Date of Agreement. This Agreement shall become effective and binding upon both Parties on the execution date of this Agreement. 6. Advice of Counsel; Voluntary Agreement. The provisions of this Agreement and their legal effect are fully understood by the Parties. The Parities acknowledge and understand that each Party has the right to be represented by independent counsel of his or her own choice. Husband represents and acknowledges that he is an attorney admitted to practice law in Pennsylvania. Wife acknowledges that Husband has advised her to obtain her own, independent legal counsel. Wife is represented by attorney Taylor P. Andrews of Carlisle, Pennsylvania. Each Party acknowledges that he or she has received independent legal advice from counsel of his or her selection or that he or she has waived the right to receive independent legal advice from counsel of his or her own selection and that, in any case he or she has been fully informed as to his or her legal rights and obligations arising out of the Parties' marriage and impending divorce, including all rights available to him or her under the Divorce Code. Each Party confirms that he or she has read this Agreement in its entirety and fully understands the terms, conditions and provisions of this Agreement and believes them to be fair and reasonable under the circumstances. Each Party further confirms that he or she is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any fraud, duress, undue influence, collusion, or improper or illegal agreement or agreements. 7. Personal Rights. Each Party shall be free from any direct or indirect interference by the other in his or her personal and business activities, as of the date of execution of this Agreement. Except as is otherwise set forth in this Agreement, each Parry may 2 Revised by TPA 10114100 • reside wherever and with whomever he or she desires. The Parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Except as is otherwise set forth in this Agreement, neither Party shall enter the residence of the other Party without the express permission of the other Party. 8. Warranty of Disclosure. Husband and Wife represent and warrant that they have fully disclosed to each other their respective assets, liabilities and income. The Parties acknowledge that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other Party. The Parties acknowledge that no formal appraisals have been conducted, and that, but for this Agreement, they would be entitled to formal discovery including review of documents, inspections, interrogatories, depositions, formal valuations and appraisals, or otherwise. Notwithstanding the foregoing, the Parties agree that they are satisfied with the extent of the disclosure in this matter, and both Parties specifically waive any further disclosure. 9. Property Distribution. (a) Separate property. All property that was acquired separately by either of the Parties prior to the marriage or after separation shall remain the separate property of that Party and all property that was acquired by gift or inheritance shall remain the separate property of the Party who received the property by gift or inheritance. (b) Marital property. Husband and Wife acknowledge that, during the term of their marriage, they acquired property that constitutes "marital property," as that term is used and defined in the Divorce Code. Husband and Wife hereby acknowledge and agree that any and all property, real or personal, tangible or intangible, contingent, disputed or unliquidated, without limitation by specification herein, owned or acquired by both or either of them during their marriage or that otherwise qualifies as marital property shall be equitably divided between them as provided in this Agreement. Each Party shall keep and retain as his or her separate Revised by TPA 10/14/00 • property all such equitably divided marital property as provided in this Agreement. (c) Waiver of interest in separate property. Husband and Wife hereby specifically release and waive any and all right, title, interest or claim that he or she has, had, may have, might have had, or might now or hereafter have as to the whole or any part of property of the other that is separate property or that is marital property that is or will be distributed to him or her pursuant to this Agreement and, with respect to such property, each Party agrees to indemnify and hold the other harmless from any associated liability, cost or expense. (d) Specification of property distributed. Husband and Wife hereby agree that the marital property shall be distributed to the Party and in the manner set forth below. Husband and Wife acknowledge that the within specification does not constitute a complete list of martial property distributed between them, and the Parties acknowledge and agree that they have equitably divided all of the marital property and not only the property listed herein. (i) Real Property. Husband and Wife hold legal title as tenants by the entireties to a certain parcel of real property located at 11 Sheeley Lane, Boiling Springs, Pennsylvania 17007 with improvements thereon, (the "Real Property"), which has a fair market value of $282,000.00 and that is subject to a mortgage and other liens of record in the approximate amount of $245,000.00. Husband and Wife agree that the Real Property shall be distributed to Wife, to have and to hold forever, in her sole name and as her separate property, subject to the provisions and conditions subsequent of this paragraph. Husband shall execute a Deed of Title in 4 Revised by TPA 10/14/00 • the form attached hereto that will convey to Wife all of his right, title and interest in and to the Real Property, which Deed of Title shall be held in escrow subject to the condition subsequent that Wife shall obtain mortgage refinancing that will remove Husband from the mortgage obligation or Wife shall sell the Real Property to a third party on or before December 31, 2005. Husband's Deed of Title, shall forever waive, relinquish, and quit claim to Wife any and all right, title and interest that Husband has, had, may have, might have had, or might now or hereafter have in the Real Property. Notwithstanding any other provision of this Agreement to the contrary, however, Husband and Wife agree that Husband may continue to reside at the Real Property until November 1, 2005, subject to Husband's contribution towards the payment on the mortgage loan, as provided for herein below in paragraph 13. If, by January 1, 2006, Wife has not obtained mortgage refinancing that removes Husband from the mortgage obligation or has not completed a sale of the Real Property to a third party, then Wife's escrow agent shall return the Deed of Title to Husband. In such an event, Husband and Wife agree that they will list the Real Property for sale and use their best efforts to sell the Real Property until the Real Property is sold; provided, however, that the proceeds from any sale of the Real Property shall inure solely to Wife's account. (ii) Wife's Personal Property. Except as specifically provided on Schedule A to this Agreement or otherwise in this Agreement, Wife shall keep and retain as her sole and separate property all of the furniture, fixtures and 5 Revised by TPA 10/14/00 • household contents and personal property that are contained within or located on the Real Property as of the date of execution of this Agreement. Husband hereby conveys, transfers, and delivers to Wife all of his right, title and interest in and to the said furniture, fixtures, household contents and personal property. Husband hereby forever waives, relinquishes and quit claims to Wife any and all of his right, title and interest that he has, had, may have, might have had, or might now or hereafter have in the said furniture, fixtures, household contents and personal property. This Agreement shall be sufficient evidence of said transfer and may act as a Bill of Sale. (iii) Husband's Personal Property. Notwithstanding any other provision of this Agreement to the contrary, Husband shall keep and maintain as his sole and separate property for his own use and disposition all of the furniture, fixtures, household contents and personal property listed on Schedule A to this Agreement and listed elsewhere in this Agreement. Wife hereby conveys, transfers, and delivers to Husband all of her right, title and interest in and to the said furniture, fixtures, household contents and personal property. Wife hereby forever waives, relinquishes and quit claims to Husband any and all of her right, title and interest that she has, had, may have, might have had, or might now or hereafter have in the said furniture, fixtures, household contents and personal property. This Agreement shall be sufficient evidence of said transfer and may act as a Bill of Sale. Notwithstanding anything in this Agreement to Revised by TPA 10/14/00 • the contrary, Husband shall be permitted to enter onto and into the Real Property at reasonable times upon notice to Wife for the purpose of removing Husband's Personal Property; provided, however, that Husband shall complete such removal no later than the earlier of (a) December 31, 2005 and (b) the closing date, if there be a sale of the Real Property to a third party. (iv) Motor Vehicles. The Parties own certain motor vehicles that are marital property. The Parties agree to distribute the vehicles as follows: Wife shall retain for her own use and disposition, the 1999 Mercedes Benz C-230 Kompressor automobile currently titled in her name and the 2005 Honda Accord currently titled in Wife's name. Husband shall retain for his own use and disposition the 2003 Mercedes Benz C-230 Kompressor automobile currently titled in his name. By executing this Agreement, Husband hereby conveys, transfers, and delivers to Wife all of his right, title and interest in and to the 1999 Mercedes Benz C-230 Kompressor automobile and the 2005 Honda Accord, both currently titled in Wife's name. Husband hereby forever waives, relinquishes and quit claims to Wife any and all of his right, title and interest that he has, had, may have, might have had, or might now or hereafter have in the 1999 Mercedes Benz C-230 Kompressor automobile and the 2005 Honda Accord, both currently titled in Wife's name. By executing this Agreement, Wife hereby conveys, transfers, and delivers to Husband all of her right, title and interest in and to the 2003 Mercedes Benz C-230 Kompressor automobile currently titled in Husband's 7 Revised by TPA 10/14/00 0 name. Wife hereby forever waives, relinquishes and quit claims to Husband any and all of her right, title and interest that she has, had, may have, might have had, or might now or hereafter have in the 2003 Mercedes Benz C-230 Kompressor automobile currently titled in Husband's name. This Agreement shall be sufficient evidence of said transfers and may act as a Bill of Sale. (v) Except as otherwise provided in this Agreement, from the date of execution of this Agreement, the Party having title to an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any loan payments due, any sales or other taxes relating to the transfer of title of the vehicle, and any costs for insurance, repair, maintenance and operation of the vehicle. Each Party represents to the other Party that, to the best of his or her knowledge, there are no outstanding liabilities relating to any of the automobiles existing as of the date of execution of this Agreement. Except to the extent that the foregoing representation is false, the Party having title to an automobile shall be solely liable and shall keep the other Party exonerated and indemnified against and held harmless from any past, present or future liability, including reasonable counsel fees and increased insurance premiums, due to any of the expenses set forth in the preceding sentence. If the Party who has title to the automobile as of the date of execution of this Agreement incurs any increased insurance premiums as a result of any accidents or claims in which the other Party was involved, the other Party shall keep the Party who has i, Revised by TPA 10/14/00 • title to the automobile exonerated and indemnified against and held harmless from any such increased insurance premium. (vi) Retirement Benefits and Savings. Husband and Wife hereby release and waive generally any and all interest, claim or right that he or she has, had, may have, might have had, or might now or hereafter have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other Party. Husband specifically releases and waives his interest in, and his claims and right to Wife's I.R.A. and Wife's 401(k) plan. Wife specifically releases and waives her interest in and her claim to Husband's I.R.A. and Husband's 401(k) plan. The Parties shall execute any documents pursuant to ERISA or any similar law that may be required from time to time to accomplish the purpose of this paragraph. (vii) Bank Accounts. Husband and Wife jointly own a checking account and a savings account at F&M Bank, which maintains an average balance of approximately $3,000.00. Husband maintains a checking account at Pennsylvania State Bank, which maintains an average balance of approximately $600.00. The accounts at F&M Bank shall be distributed to Wife. The account at Pennsylvania State Bank shall be distributed to Husband. (viii) After-Acquired Property. Each Party shall hereafter own and enjoy, independently of any claim or right of the other, all property acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as though he or she were unmarried. 9 Revised by TPA 10/14/00 • (ix) Pet. The Parties jointly own a cocker spaniel dog named Chloe. Wife shall assume sole custody of and responsibility for Chloe on the effective date of this Agreement. 12. Alimony/Support. (a) Release and Waiver of claims. Husband and Wife represent and acknowledge that each of them has sufficient property to provide for his or her reasonable needs and that each of them are able to support him or herself through appropriate employment. Therefore, notwithstanding anything to the contrary contained in Pennsylvania law including, without limitation, the Divorce Code, Wife and Husband expressly release, remise and discharge the other Party from any and all obligations and duties owed by one Party to the other, and Wife and Husband expressly relinquish, extinguish and waive any and all right(s) or claim(s) which she or he has, had, may have, might have had, or might now or hereafter have to alimony, alimony pendente lite, spousal support, maintenance, dower or curtesy and/or any other benefit or benefits of a like or similar nature that result from or arise out of any asserted need or from or as a result of the Parties' status as Husband and Wife or as former Husband and former Wife. (b) Effective Date of Release and Waiver. Husband and Wife agree that the release and waivers provided-for in the foregoing paragraph shall be effective on the date of execution of this Agreement. (c) Health Insurance and Medical Expenses. Husband maintains health and dental insurance through his employer; Wife maintains health and dental insurance on herself and her daughter from a prior marriage through her employer. Accordingly, both Parties are adequately covered by health insurance and do not need to have the other Party provide health insurance for them. Therefore, notwithstanding anything to the contrary contained in Pennsylvania law including, 10 Revised by TPA 10/14/00 • without limitation, the Divorce Code, Wife and Husband expressly release, remise and discharge the other Party from any and all obligations and duties owed by one Party to the other, and Wife and Husband expressly relinquish, extinguish and waive any and all right(s) or claim(s) which she or he has, had, may have, might have had, or might now or hereafter have to health insurance benefits and/or any other benefit or benefits of a like or similar nature that result from or arise out of any asserted need or from or as a result of the Parties status as Husband and Wife or as former Husband and former Wife. 13. Debt. During the term of the marriage and prior to the date of this Agreement, the Parties incurred certain debt in the form of mortgage loans on the Real Property ("Mortgage Debt") and unpaid income taxes and other taxes that the Parties are aware are currently due and owing ("Tax Liability"). Wife incurred certain debt in her sole name, including school loans, an automobile loan and other consumer debt ("Wife's Debt"). Husband incurred certain debt in his sole name and contingent liability in the form of litigation currently pending against him in the Dauphin County Court of Common Pleas ("Husband's Debt"). a. Mortgage Debt. The Parties intend that, within a reasonable time following execution of this Agreement, Wife will consummate a transaction refinancing the Mortgage Debt into her sole name. In the event that Wife is unable, for any reason, to consummate the refinancing transaction within a reasonable time, the Parties agree that they will list and sell the Real Property, as provided in paragraph 9(d)(i), above. The Parties agree that, so long as husband continues to reside at the Real Property, Husband shall contribute to Wife monthly a sum equal to 50% of the current principal and interest amount due on the mortgage loan. The Parties agree further that, other than Husband's contribution as defined in this paragraph, Wife shall forever be and remain solely liable for payment of the remaining principal amount and any 11 Revised by TPA 10/14/00 • interest, finance charges, penalties, fees and costs associated with the Mortgage Debt, if there be any. b. Wife's Debt. The Parties agree that Wife shall hereafter assume responsibility for payment of the entire principal amount and any interest, finance charges, penalties, fees and costs associated therewith on Wife's Debt. c. Husband's Debt. The Parties agree that Husband shall hereafter assume responsibility for payment of the entire principal amount and any interest, finance charges, penalties, fees and costs associated with Husband's Debt. d. Tax Liability. Wife shall pay the tax liability except the income tax liability from 2004 which is estimated to be in the amount of $2,400. This shall be paid by both parties by Husband paying Wife $1,200 within 30 days of the date of this agreement, and Wife shall make all remaining installment payments to the U.S. Treasury on account of the 2004 taxes. e. Taxes. The Parties agree that, other than the Tax Liability, they will each be individually responsible for their own individual tax liability. Should the Parties be able to obtain a decree in divorce prior to December 31, 2005, the Parties will each file their federal income tax returns separately. For the purposes of accounting for the income tax deduction for interest paid in 2005 on the Mortgage Debt, including any prepaid interest or "points," the Parties will each take a 50% share of the mortgage interest deduction. f. Future Debt. From the date of execution of this Agreement, each Party shall use only credit and debit accounts for which that Party is individually liable. To the extent that either Party incurs any debt on the other Party's account, the Party incurring the debt shall be responsible and shall immediately reimburse the other Party for the 12 Revised by TPA 10/14/00 principal amount of the debt, together with any interest, finance charges, penalties, fees and costs associated therewith. 14. Counsel Fees. Except as otherwise provided for in this Agreement, each Party shall be responsible for his or her own legal fees and expenses. The Parties agree further that Husband shall pay the filing fees for the Divorce action and Wife shall pay all other court costs, if any, of the action. 15. Warranty as to Existing and Future Obligations. During the course of the marriage, Wife and Husband incurred certain liabilities. Each Party represents, covenants and warrants that, to the best of his or her knowledge, and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: (a) there are no unpaid liabilities remain incurred by him or her or on his or her behalf for which the other Party may be deemed liable; (b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Husband or Wife aware of any facts which to his or her knowledge might result in such action, suit or proceeding; (c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the Party who incurred that debt shall exonerate and indemnify the other Party against and hold the other Party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and (d) he or she shall not incur any liability whatsoever in the future for which the other Party or the estate of the other Party may be liable, and shall exonerate and indemnify the other Party against and hold the other Party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other Party. 16. Release of Testamentary Claims. Except as specifically provided for in this Agreement, the Parties hereby mutually waive and release to the other any right to: (a) Inherit from the other any part of the estate of the other at his or her death; (b) Receive property from the estate of the other by bequest or devise, except under a Will or Codicil dated subsequent to the effective date of this Agreement; (e) Act as a personal representative of the estate of the other on intestacy; 13 Revised by TPA 10/14/00 (d) Act as executor under the Will of the other, unless nominated by a Will or Codicil dated subsequent to the effective date of this Agreement. 17. Life Insurance. The Parties acknowledge that Husband is the owner of a policy of life insurance on which Husband is the insured life and on which Wife is the sole named beneficiary and Wife is the owner of a policy of life insurance on which Wife is the insured life and on which Husband is the sole named beneficiary. The Parties hereby agree that, effective immediately upon execution of this Agreement, either Party may make any election or designation of a beneficiary that such Party chooses, and the Parties agree that they will promptly, upon request of the other, execute any document or do any thing necessary to effectuate the intent of this provision. 18. Release of Claims and Covenant Not to Sue. As a material inducement to Husband to enter into this Agreement and in consideration for the promises that Husband provided to Wife hereunder, Wife hereby expressly, irrevocably and forever represents, covenants and warrants to Husband that Wife has not and shall not institute, cause to be instituted, or participate in any civil, criminal, legal or administrative proceeding, investigation, complaint, charge, lawsuit, litigation, arbitration or mediation against Husband or any of Husband's parents, children, family, employers, agents, attorneys, legal representatives, heirs, successors and assigns ("Releasees") arising from facts known to Wife. To the full extent permitted under applicable law, Wife hereby expressly, irrevocably and forever releases, renounces, waives, quit claims, and discharges Husband and the Releasees, individually and collectively, from and against any action, cause of action, arbitration, claim, complaint, charge, controversy, disagreement, dispute, investigation, mediation, lawsuit, legal action, litigation, proceeding, judgment, verdict, damage, debt, cost, fee (including attorney fees), expense, liability, obligation, trespass, contract, agreement, promise or duty whatsoever (collectively, "Claim"), whether in law or in equity, arising from facts known to Wife, latent or patent, matured or not matured, fixed or contingent, liquidated or not liquidated, direct or derivative, from the beginning of time to the date of this Agreement, including specifically, but without limiting the generality of the foregoing, any Claim connected with, relating to, or arising from, out of, or by reason the marriage or marital relationship, 14 Revised by TPA 10/14/00 • including specifically, but without limiting the generality of the foregoing: Claims or potential Claims under Pennsylvania's Divorce Code or Criminal Code, and under any other federal, state, local or municipal constitution, statute, law, rule, regulation or ordinance, any executive, legislative, administrative or judicial order, and any federal, state, local or municipal common law, concerning or relating to marital rights, financial obligations, defamation, invasion of privacy or any other tort, or breach of expressed or implied contract, promise or warranty; whether the Claim sounds in statute, contract, tort, law, equity or otherwise. 19. All Claims Resolved. Both Parties acknowledge and understand that this Agreement specifically includes and resolves any and all claims that either ever engaged in any wrongdoing as to the other of any kind, or otherwise violated any contractual, constitutional, statutory, common law or regulatory right or order be it federal, state or municipal. Each acknowledges that this Agreement bars any and all Claims (known or unknown) that were asserted, alleged, or which might have been asserted or alleged arising out of the marital relationship prior to the Effective Date. Each Party agrees that neither he or she nor anyone acting on his or her behalf will institute any administrative or legal proceeding against the other, the Releasees or any of their representatives. Each understands and agrees that this Agreement may be used by the other as a complete defense to any claim or entitlement, which he or she or anyone else may subsequently assert against the other or the Releasees for or on account of any matter or thing whatsoever arising out of the marital relationship prior to the Effective Date. Each agrees that he or she will never institute or cause to be instituted any claim or charge against the other with any civil or criminal court, tribunal, department or agency, will not sue the other Party, the Releasees or those associated with either, and will not voluntarily testify against the other Party in any proceeding or investigation and will not assert against the other Party any Claim that he or she has, ever had, may have, may have had, might have or might have had against the other from the beginning of time through the Effective Date arising from facts known at the effective date of this agreement. If either Party violates any provision in this Agreement, he or she agrees that he or she will pay all costs 15 Revised by TPA 10/14/t4O and expenses of defending the other Party, the Releasees or those associated with the other Party, including reasonable attorney fees. 20. No Admission of Liability. This Agreement does not constitute and shall not be construed as an admission of liability or wrongdoing by Husband with respect to any Claims or potential Claims, but, to the contrary, Husband expressly denies that he has done anything wrong or unlawful. 21. No Disparagement. Neither Party shall communicate, orally or in writing, or by any other manner whatsoever, to any third party, any claim, remark, allegation, statement, opinion, innuendo or information of any kind or nature whatsoever, the effect of or intention of which is to cause embarrassment, damage or injury to the reputation or standing in the community of the other Party or the other Party's parents, children, family members, friends, associates, employers, attorneys, agents, heirs or successors, whether any such communication is or may be true or founded in facts. 22. Execution of Other Documents. Each of the Parties shall on demand execute and deliver any document and do any 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, the Party refusing to execute or deliver the demanded document(s) shall pay to the other Party all attorney fees, costs, and other expenses reasonably incurred as a result of the failure. 23. Waiver or Modification to be in Writing. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties. 24. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement The failure of either Party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such Party to enforce those terms in the future. 25. Remedies in the Event of Breach. In the event of a breach of any of the provisions of this Agreement by one of the Parties, the remedies available to the non- 16 Revised by TPA 10/14/0 • breaching Party shall be cumulative and shall include all remedies at law and in equity, including those for breach of contract, tort, under theories of equity, under the Divorce Code and shall not be limited to those remedies specifically referred to in this Agreement. In the event either Party breaches any provision of this Agreement, the breaching Party shall exonerate and indemnify the non-breaching Party and hold the non-breaching Party harmless for all losses resulting from the breach, including, but not limited to, reasonable counsel fees, and costs relating to such breach, whether or not litigation is instituted. 26. Integration. This Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements and negotiations between them. There are no other express or implied, oral or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 27. Severability. If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of a Party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 28. Agreement Binding on Heirs. The terms, provisions and conditions of this Agreement shall be binding upon any and shall inure to the benefit of the heirs, executors, administrators, successors or assigns of either of the respective Parties hereto, except as otherwise herein provided. 29. Death Prior to Divorce. This Agreement shall remain in full force and effect even if one of the Parties dies prior to the date of entry of a final decree in divorce. 30. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 31. Headings Not Part of Agreement. Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 17 Revised by TPA 10/14/0 32. Contract Interpretation. For purposes of contract interpretation and for the purpose of resolving any ambiguity in this Agreement, Husband and Wife agree that this Agreement was prepared by the joint efforts of the respective Parties. 33. Address of Parties. As long as any obligations remain to be performed under this Agreement, each Party shall have the affirmative obligation to keep the other Party informed of his or her residence address, and shall promptly notify the other in writing of any change of address. 34. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. Michard C. - Sue Erwin Gaffney 18 .. ii COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ,T;V j0t+j SS: On this, the / `l4-?day of QJ- , , 2005, before me a Notary Public, in and for the Commonwealth of Pennsylvania, the undersigned officer personally appeared Richard C. Gaffney, Jr. and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND On this, the t - day of &30)x-- 2005, before me a Notary Public, in and for the Commonwealth of Pennsylvania, the undersigned officer personally appeared Sue A. Gaffney and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have bereupto set my hay4d atyd-fficial seal. Notary Public ssion Expiras April 26, M y commission GxpJres: My Conunission Expires: Lcr OTARIAL SEAL Public SEXTON, Notary oro, Cumberlandu tY Notarial Seal Vicky L. Fitz, Notary Public Susquehanna 7Wp., Dauphin County My Commission Expires Jan. 6, 2007 SS: Member,PennsyWanianssogatbnomoWW Revised by TPA 10/14/0 E SCHEDULE A DISTRIBUTION OF MARITAL PERSONAL PROPERTY 3E TO WIFE INCL. Iry and accessories belonging s daughter; all of Wife's brought to the marriage or r inheritance .fires, books, TV, CDs, DVDs, quipment and other items in tires, books, CDs, DVDs, quipment and other items in he small cabinet; All , books, CDs, DV Ds, tapes, ent and other items in Wife's in, except the small TV that rate property Tres, books, CDs, DVDs, quipment and other items in bedroom (office), except for r and treadmill; all furniture, Ds, DVDs, tapes, electronic ier items in the basement t in the living room; and all , books, CDs, DVDs, tapes, ent and other items in the Tres, books, CDs, DVDs, quipment and other items in Kcept Husband's HD layer, CDs, DVDs, television table and Penn State Nittany ;hes, silverware, cutlery, are, cook ware, pots, pans the kitchen and pantry that ty; All of the Parties' formal rystal. ?cated in the attic (mostly on and chairs ling equipment, tools and G.. l,. r 11 Richard C. Gaffney, Jr. Plaintiff pro se 2214 Gteim Court Enola, Pennsylvania 17025 Telephone: 717.645.8869 RICHARD C. GAFFNEY, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SUE ERWIN GAFFNEY, DEFENDANT TO THE PROTHONOTARY: NO. 2005 - 5512 CIVIL ACTION - DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: by Personal Hand Delivery on Defendant on October 22, 2005; and by Certified Mail, Return Receipted Requested on counsel for the Defendant on October 21, 2005; as further evidenced by the entry of appearance of Defendant's counsel by Praecipe filed to this docket on October 27, 2005. 3. Date of execution of the §3301(d) Affidavit of 2-year Separation: by Plaintiff on October 31, 2005; by Defendant, signed on November 16, 2005 and filed of record on November 21, zoos. 4. Related claims pending: None. The parties respectfully request that the Court incorporate into the Divorce Decree for purposes of enforcement, the parties' Marital Settlement Agreement dated October 14, 2005 and filed of record on December 1, 2005, which Agreement resolved the parties' economic claims for, among other things, property distribution, alimony, spousal support and maintenance. 5. Complete either (a) or (b). (b) Date Plaintiffs Waiver of Notice in §3301(d)(1) Divorce was filed with the Prothonotary: Plaintiff's Waiver of Notice was filed with this Court on October 31, 2005 and served on the Defendant's counsel via First Class United States mail, on October 31, 2005. Date Defendant's Waiver of Notice in §3301(d)(1) Divorce was filed with the Prothonotary: December 1, 2005. Date: December 9, 2005 By: Richard C. Gaffney, r \2 2214 Gleim Court Enola, Pennsylvania 17025 (717) 645-8869 Plaintiff pro se IN THE COURT OF COMMON PLEAS RICHARD C AND NOW, DLGC y?U ?? zOaS, IT IS ORDERED AND Plaintiff VERSUS SUE ERWIN GAFFNEY Defendant OF CUMBERLAND COUNTY STATE OF PENNA. GAFFNEY, JR DECREE IN DIVORCE DECREED THAT AND RICHARD C. GAFFNEY, JR. No. 2005-5512 PLAINTIFF, SUE ERWIN GAFFNEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, 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; The parties Marital Settlement Agreement dated October 14, 2005 is ince-p-r-a-bed by reference but: not merged into this decree. BY THE COURT: c AT ST: f J. ?_? PROTHONOTARY Jam,.. 402 RICHARD C. GAFFNEY, JR. Plaintiff V. SUE ERWIN GAFFNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-5512 CIVIL TERM IN DIVORCE Defendant NOTICE OF ELECTION TO RETAKE PREVIOUS NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 16TH day of December 2005, hereby elects to retake and hereafter use her previous name of Sue Anne Erwin. TIl Sue Erwin Gaffney TO BE KNOWN AS: -.'? Z? Y-44A 94-.2 Sue Anne Erwin COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) .r- On the ? day of S/ 2007, before me, a Notary Public, personally appeared Sue Anne Erwin, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Public TH OF PENNSYLVANIA NOTARIAL SEAL RONALD E. JOHNSON, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND CO., PA Y COMMISSION EXPIRES /ARCH 11, 20t C= -t ?.. Q-r. LA 09 [`-a 1 -rc -C L ;l C.. 2r