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HomeMy WebLinkAbout95-04760 . .:.:..:+:.' .:+:. .:+:. ..:.:.,...:...:.:....:.:..-.:41:. .:+:- .:c. .:.:. .:.:. .:+:. .:+:. .:+:. .:+:. .:+:. .:.:. .:.:..)::.:~.:..:.:.:..:.:<~:.:.,.:.> .:+:..:+:. ':':-:":.:-~~';4 y ...~ .------... ------- ~---..... .' ... ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ $ ~ ~.' $ OF CUMBERLAND COUNTY ~~ STATE OF ~ ," ~ PENNA. ,\"'-'!'~ ,.+ ~ '.~ ,', ~ i ~ ~ l.~ ~ " ,', * $ ~ '.' il , N (), ,,9.~,7.~?~~..,..Ci~~,~..,....,.. II) I 'I Dl\LE E. FU\llER1'Y ......." ".-,......,........ ..'.. ~ '.' ~', ~ ~ ,.; ~ ~ ~. ~ " ,,1>lainUU,....,.. ~ ;', ~ ,', ~ Vel'SI1:i :1 . . . . . . . . . . . . I , DAVID M. FIJ\IIERl'Y, ..... . ......... ,....... ........ Defendant i! ;', ~ !~ ~ ~ ~ ~;; ~ ~, .... W ~.' ~ '.' DECREE IN DIVORCE ANDNOW.".~".,~.,.,., 19q~", it is ordered and M " :': ~ ~.; ~ ~ ~:: ~ ~.~ ~ ',' ~ '.~ ~.; ~ ~ ~.; ,', ~ $ " r-: w ~.' ~ Q ~ decreed that ,.....'"." nI\I.F; .E.,.F:IJIIlEIm , , '. . , .... ", . .. " .., plaintiff. and, ..., ,'.. , .......,.., .~Vlr;>,l:l, .~.,.... '..,........, defendant. are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ',' $ w ~.' ~ ~.' ~ ',' ~ ~. $. '.' ~ ~., ,', !' ,.t:l9!'l.l;;", ~I'!~. f'I,il,J;.t!:fl,l, .9~~,t;~~!11!3,l'\t;, M,J;E1~\ll,e,'1t. p,a,t;~\'I, ,QElq~f11AE1:r;, '/.,7", ~)l95 is incorporated but not merged into this Decree. "",...".,.,.... .,.,.'""".." "",."...,..,',./"",.,...,"""',.., ., u, T~yl/ / ,: AIl..I: ..01t.Jt,o! 11~"rr:~,u#.;J1', 0"<<:'''':/.'':' l~ ~t};(.IJt.'i .1/ ~/~, /:Ja ? I:~ (j T~)IIIOI1()lnt.y !~ ../ '.' __~~.'_". ~_.....~.-.~..~...., ,,_.._ i ~ **~**ro~*~.**~..~-~'*.~*****~. ~ " '=' s i;; p w ~, ~ l ~ ~ ~ ~~~~ .'..tto;. ~.-=-:' .:.:. . /o~~,~ dvl ~ /W,,~./ ;1;-,4 ,v~d~ /0 :;~ ,~t >'h~, /<~../1r,... ~ d7f &M~I' . I I I ,- r " , ( I , \ I :1 I . MARITAL SETfLEMENT AGREEMENT THIS AGREEMENT, made this 'L 7 day of lJe.",... hi!' , 1993):, by and between DALE E. FLAHERTY, hereinafter referred to as "Wife", and DAVID M. FLAHERTY, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on November 3, 1990 in Harpers Ferry, West Virginia und separated in or about September, 1994: und WHEREAS, the Wife has instituted divoree proceedings In the Court of Common Pleas of Cumberland to No. 95.4760 Civil Term by eomplnint filed on September 5, 1995: and. WHEREAS, the parties nre the parents of two minor children, DAVID MICHAEL FLAHERTY, 11, born September 23,1990 and PHILIP LAWRENCE FLAHERTY, born April 24, 1992; and, WHEREAS, Husband's child support obligution hus been established through the Cumberlnnd County Domestie Relations Office to DR# 22,445 in proceedings to No, 268 Support 1994; and, WHEREAS, the parties desire to settle fully and finully their respective financiul and property rights and obligutions as between ench other, including without limitation without specification: sellling of all matters between them relating to the ownership in equitnble distribution of personal property nnd related economie claims including but not limited to spousal support, ulimony and ulimony pendente lite; and in general the settling of any nnd 1 all claims or possible claims of one aglllnstthe other or llgninsttheir respective estlltes; nnd, WHEREAS, Husbllnd und Wife are represented by sepurnte legul counsel und they have been advised of his and her respect rights, privileges, duties und obligntions relotive to their property rights nnd Interest under the Divorce Code IInd regurtling nlimony and spousal support; and, , WHEREAS, eaeh pnrty is fully fumiliar with the marilal property and both parties now desire to settle and determine his and her property rights und claims under the Divorce Code, including all claims regarding equitable distribution of maritlll property, alimony, spousal support nnd related eeonomle claims, NOW, THEREFORE, the parlies hereto being legally bound hereby, do covenant and agree lIS follows: I, The parties agree to the entry of a Decree In Divorce pursuant to Section 3301(C) of the Divoree Code. Both parties shall execute and file the requisite Consents with the Court contemporuneously with the execution of this Agreement, Wife's eounsel shall withdraw Wife's elnim for eeonomic relief. The Wife's attorney shall file the Prnecipe to Transmit the record and obtnin u Decree in Divorce without deluy, Should either party do anything to delay or deny the entry of such u Decree, or fnilto du llnything required to obtain the Divorce Deeree in breuch of this Agreement, the other purty muy, at his or her option, declare this Agreement nullnnd void, ub initio. 2 2, This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable In accordance with its terms, No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant to the provisions of the Divoree Code to enforce this Agreement by either Husband or Wife, In the event of a reconeillation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a wrillen agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. Husband shall keep the Chevrolet Suburban, four-wheeler and the boat and trailer which are presently in Husband's possession, Except for the above, the parties have divided between them to their mutual satisfaction their personal effects, household furniture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other, Each party will execute any and all doeuments necessarY to effectuate the transfer of ownership of any items of personal property titled in both names, The party receiving sole ownership of such items shall pay all costs associated with the transfer. 3 4, 1l1e pnrties hnve divided hetween them to their mutual sntlsfnction all intangible personal property consisting of cllsh, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, nntl all other sueh types of property. TIle parties hereby ugree that nil such intnngible property presently in the possession of or titled in the nllme of Husbnnd shnll be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole uud separate properly. Each party hereby expressly waives any right to claim nny pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole nnd separate property. Husband waives his right to shure in any workers compensation settlement obtained by Wife relutive to her work pluce aecident ut Frog and Switch Manufacturing Compnny und Wife shall be permitted to keep the parties' entire 1994 IRS tux refund. S, Husband shall solely and individually responsible for the payment of the entire remainiog balance, due nnd owing to Members First Credit Union for two loans there and the loan to the Teamsters Pension Fund. 6, Wife agrees to indemnify und suve anti hold hnrmless the Wife for any Iiubility upon the obligution assumed by the Husband in accordance with the terms anti conditions set forth in parugruph 5 of this Agreement. 7, Except as herein otherwise provided, ench purty represents thnt she und he huve not heretofore ineurred or contracted any debt or liability or obligation for which the other mny be held responsible or Iinhle, Elich pnrly IIgrees to indemnify IIntl suve and hold 1\ harmless the other from and ugninst ull such t1ebts, liabilities or obligntions of any kind whieh may have heretofore been incurretl between them, except the obligutions arising out of this Agreement, The parties agree that each of them will be responsible for the utility bllls for services up to the time of separution whieh were in ench of the purtles' respeetlve names. 8, Both parties covenunt, wurrunt, represent and agree that euch will now and at all times hereafter save and keep eaeh other indemnified aguinst all debts, charges, or liabilities incurred by the other execution of this Agreement, except as may be otherwise specifieally provitled for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable, Each party further agrees to indemnify and save and hold hurmless the other from any and all liabilities he or she may incur upon the obligations of or ussumed by the other, which indemnification as to nil provisions of this Agreement shall include the right to reeover out of pocket expenses and reusonable attorney's fees actually incurred. 9. Both parties agree that the herelnubove set forth Agreement eonstitutes an equituble distribution of their maritul property and equituble resolution of all other economic claims pursuunt to the provisions of the Divoree Code and each party irrevoeably wuives, releases, and remises uny claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of tbis Agreement. 5 ~ en :>- - '0:': .., .. ,'. ~q cc ;3~ ~~ - .~~ .,.~ .-- q~ - II. In :'l'fa u. N .-(1::'; U) t- "1~ ~ u (.:1 0 ...: ~ '0 ;., 0'\ u '. DALE E, FLAHERTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA NO. 95-4760 CIVIL TERM IN DIVORCE Plaintiff v, DAVID M. FLAHERTY Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Information, to the court for entry of a divorce decree: <.1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the ?~. , ~~ . ,i t Divorce Code, (11, I L ' : 2. Date and manner of service of the complaint: Seotember 11, 1995 . .' ' I 'Certified Mall. - Return Receipt Reauested. .' 0: 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 the Plaintiff Julv 30.1996 ; by the Defendant Auaust 28, 1996 (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the Defendant: f" ',! 4, Related claims pending: None. 5. Indicate date and manner of service of the notice of Intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1)(i) of the Divorce Code. N I A Plaintiff .~., ..:. e;= <:':, ~ c;.:; " t:..- .. , ~ Ulr:- .-) (.5- ":J f'c J.. ".. .', ::J "f' <((' .r" -'-! , ...1) 0', I ::~; LJJ1-:. c;:r._: . S " iiJ 1'-"' -. !L.'- .,w;: LL. t.O ..J Q <;.. U ., . "-J .~ c!',,_ ~ \D ~ 0 ~ .. :J.. ~g ..:r 8~ .,.. ~c ;z EE..: "- CI:.:J ',.>- ~O M -':S(11 g: -~ I (I" !.;."l u:1p - .i1U,i .,." .:1; c::lu.., r- -, ." '" ~ <r.> ::> c~ u .,"J"..-"" -.., 'f' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4760 CIVIL TERM IN DIVORCE DALE E. FLATHERYY, Plaintiff DAVID M. FLAHERTY, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SBCTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 5, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. '3. I consent to the entry of a final decr~e in divorce without notice. '4. I understand that I may lose rights concerning alimony, 'division of property, lawyer's fees or expenses if I do not claim 'them before a divorce is granted. 5. , I..,understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~)f( --- David M. Flaherty Date: ! 5:' Jf1,;t(( r ..k'l../ V'r~ +t-e- 4L~'r",- ",.ft. Il..k~' /la.... "'1'\1!^J4!(' ~ .fJ,'h k yo v-- . ~~(~~ (JCUlM ;'1 tE 0' ',- r._ lI? . ,', t--::".. 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