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HomeMy WebLinkAbout95-05421 .:.:. .:.:. .:.:. .:.:. .:.:. ~~~~~~~~*~-~-*-)~.~~.~.~~~~~:~ - - 8 8 w ... ,~ ~ ~ ~. IN THE COURT OF COMMON PLEAS ,~ :, ~l ~ ,:> OF CUMBERLAND COUNTY STATE OF .w PENNA. ~ <:" ~I ;;; v '.' ~ ;;; ~FNNI~ DqUGHERTY, 1'1./1 T~"~IFF N I I. ~~:i!'S~'{IL",';I,',~~!1", It) 95 ~ w '.' ~, V"I....;t1~ ~ NANCY DOUGHERT~, ~ DEFENDANT ~ ',' ~ :1 "/ ~) ") ~ DECREE IN -It- ~ (J) o I V 0 R C~ 6J... 2... ()YI , '" 0"""" "L?"",. 19" ,~" it is ordered and decreed that" , " , ' " , ,~~, N ,~o ~~~,~~~~,'r:~!, '0' 0' " , . 0 0 0' " , " plaintiff. and, , " , , , , " , , , " " " ,~[I,N,q, pql!q!l~,~~~,,, " , 0 , " , " " , " '. defendant, ore divorced from the bonds of matrimony. ,0. S ~ iii ,0' ~ f:.~ ~ 8 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; SEPARATION AND PROPERTY SETTLEMENT AGREEMENT DATED ,', ~ ~ <:" s ~ ......,.,..,.,..",.,....,...".."..... ,.......... .......... ..... ......... ~ FEBRUARY 2, 1996 IS INCORORATED IN THIS DECREE. .,.."..,...",... ....."",....,.... ........ .................... ... ...... ~ ,,' ~ i ',' _ ,~\<ft.f-(.~ f' '..k. '-;~;10'" L/ V;'./ "'; .'..., r __--<,,'Jf't". ^ =-t ~"~"<7 ~ProlhonOlnrY s ~ ~I 71 ~; r. ,';: '.: "-*.' '4f.' '~.' . 'w ~..~.~.~,~***~**.~****~,***~. ,', * 8 ~ '.' ~ i ',' $ ~ ,:> a ,~ 8 ,', ~ ,', $ ~ 8 M ~~ .', ~ 8 i '.' $ " ~ i ~.' ,', ~ S ~ ~ ,', ~ w " 8 ~ 0;0 ,', ~ ~ '.' J. ~'. ~ )~ I.:. I~ I~ i'~ I'i!! ~ 1 DENNIS DOUGHERTY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : No. 95 - 542l CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE NANCY DOUGHERTY, Defendant AND NOW, this kRDRRiJ. ( '; day of r. 1996, in consideration of the attached Separation and Property Settlement Agreement of the parties, said Agreement is accepted as an Order of this Court, said Agreement is incorporated into the Decree in Divorce of the parties, and jurisdiction over the parties and the subject matter of the Agreement is retained for the purpose of enforcing the provisions thereof. J. ~ - f:iL8J-cmCE 0- ,!I, f""ITj.n'iOr/-RY 96 Fr.n , J r ... ,.OJ .! oj: 1/3 CUI'I'{'" ," ." )..11.,.,) VlJ" -IY 1";~I"I\'r'\;L:'\"'--.1 ,'l 1..0 \ ,.:: I' 'fA t !''I g)'/4:1t. &,,1 t'~ IM~ ~ a~ ~tu?( '-I~ t-7' - DENNIS DOUGHERTY, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 542l CIVIL TERM CIVIL ACTION - LAW IN DIVORCE vs. NANCY DOUGHERTY, Defendant SEPARATION AND PROPERTY SE'l'TLBMENT AGREEMENT THIS AGREEMENT, made this ::Jcl day of tC..?hfLA-o.'j 1996, by and between DENNIS DOUGHERTY of New Cumberland, Cumberland County , pennsylvania, hereinafter referred to as "Husband" and NANCY DOUGHERTY, of Lemoyne, Cumberland County, pennsylvania, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and wife were married on October 7, 1967 in Harrisburg, Dauphin County, pennsylvanial WHEREAS, Husband and wife are bona fide residents of the Commonwealth of pennsylvania and have been so for at least the past six months l WHEREAS, certain differences have arisen between the parties hereto and as a consequence, they have ceased living as Husband and Wife since November 4, 1994. WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony, support, and all other matters which may be considered under the Divorce Codel and, Page 1 of l4 WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and, WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and, NOW THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I - SEPARATION It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other Page 2 of l4 to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. ARTICLE II - DIVORCB 2.l This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Husband has filed a divorce action against Wife to Docket No. 95-542l civil Term, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 330l(c) of the Divorce Code so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is la.,ful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. Page 3 of l4 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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 should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or aeparation. 2.3 It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. Page 4 of l4 ARTICLE III - BOUITABLE DISTRIBUTION OF MARITAL PROPBRTY 3.l The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage 1 the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability 1 estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other partYl the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefitsl the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Page 5 of l4 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Personal ProDertv. Husband and Wife agree that they have divided their personal property, and all such personal property in the possession of Husband, but belonging to Wife, shall have been transferred prior to the execution of this Agreement, unless otherwise provided herein. Husband hereby waives any right, title, or interest to such property. Wife hereby waives any right, title, or interest to any other personal property in the possession of Husband. 3.4 Accounts. Husband and wife agree that Husband will pay Wife the sum of Thirty Thousand Dollars ($30,000.00) cash and Six Thousand Dollars ($6,000.00) from the proceeds of the I.R.A. currently in Husband's name, representing the full and total amount of property to be transferred from Husband to Wife. The Thirty Thousand Dollars shall be transferred immediately upon Husband's securing refinancing upon the marital property. Husband agrees to initiate pursuit of such refinancing within l5 days of the Effective Date of this Agreement or the date of Page 6 of 14 signing of the Deed transferring Wife's interest in the marital residence to Husband, whichever is later. Husband agrees to use good faith and due diligence in the pursuit of the refinancing. The Six Thousand Dollars ($6, 000.00) shall be transferred by a Q.D.R.O. to be prepared by Husband's attorney, copies of which proposed petition and order are attached hereto as Exhibit "B" and incorporated herein by reference. Wife shall thereby receive Six Thousand Dollars ($6,000.OO) in the form of an I.R.A. rolled over to her name. 3.5 Vehicles. Husband and Wife currently own a 1989 Ford Tempo that is presently titled in both names. Husband agrees to transfer all his interest in this vehicle to Wife and to execute any documents necessary to effect the transfer. Any costs of transfer shall be on the recipient spouse. 3.6 Real Prooertv. Husband and Wife currently own as tenants by the entireties a parcel of real property with the marital residence thereon, commonly known as l006 Swarthmore Road, New Cumberland, Pennsylvania l7070. Wife agrees to transfer all her interest in this property to Husband and to execute any documents necessary to effect the transfer. Any costs of transfer shall be on the recipient spouse. Page 7 of l4 ARTICLE IV - DBBTS OF TUB PARTIBS Husband and Wife agree that all debts incurred during the time of their marriage and during their period of separation have been properly apportioned between the parties. ARTICLE V - MISCBLLANEOUS PROVISIONS 5.l Bach of the parties agree that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees to enforce the Agreement. 5.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 5.3 Counsel Fees. Husband and wife agree to be responsible for their respective attorney fees. Page 8 of l4 5.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, 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 situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's willl or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouses's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth of territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation Page 9 of l4 or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not 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 thereof. 5.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for Page 10 of 14 by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever fer which the estate of the other may be liable. 5.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 5.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 5.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 5.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. Page 11 of 14 5.l0 This agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 5.11 Severabilitv. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. 5.l2 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 5.l3 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution Page 12 of 14 of this Agreement and that this agreement was entered into in reliance upon that disclosure. 5.14 Bnforceeabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be hrought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. Page 13 of 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. WITNESSED BY: ", " COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) ~,t- J j On this the:> day of -Hf~'"~'1 1996, before me, the undersigned officer, personally appeared DENNIS DOUGBBRTY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF unto set my hand and official seal. '-221!M4_ ~~lx I ) : SS COUNTY OF CUMBERLAND ) "J J I On this the;' day of ~,-V~ 1996, before me, the undersigned officer, personally appeated NANCY DOUGBBRTY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. Notarial Seal Martha L. Noel, Notary Publ~CunlV Camp Hili Boro'EC~~e~~:~ rB. 1999 My Commission x.' la ociaUon 0 0lallC5 m rl InMY n COMMONWEALTH OF PENNSYLVANIA IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nota,lal seal Public V}}f,M~tf_~ LJ/ ~ Martha L. Noel, N:Znd coun~ t t: Camp Hill Bo'oE~~::'es sepl. lB. 1 9 MycommlsSIO:n 5S0C uono 0 e 14 of 14 em r. en DENNIS DOUGHERTY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 5421 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE vs. NANCY DOUGHERTY, Defendant PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code 2. Date and Manner of service of the Complaint: Service by Certified Mail # Z 138 527 291, delivered on October 31, 1995. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff - February 2, 1996 Defendant - February 2, 1996 4. Related claims pending: Please incorporate the enclosed Property Settlement Agreement into the divorce decree. 7iIifllb'v uu Date: ~/'J.lq(. Matthew J. Eshelman, Esquire Law Offic of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 ~ r- (; ~ N "" ~~ cry ::s~ 8' .. ... , - -', fE:L ~ :-:t; ~:=; .") ;:; 11: N :<0 ,~ .~....- Iiw co ,.y....;.; "lliJ r::: LLI aJ~ u.. II. V) :5 0 C"\ U ~ \D G is ~ -- .. ~S;) (';l 5$ ~g - r _... 0:: U;.,>: ::,~ 0 ...., fJ: N ;.:~V') ,Q; - -.J% II! t',; ,- i1l IT:! ". l'lt t=:= C'j~ & l.O :5 Cl U .' DENNIS DOUGHERTY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . 1S- 'j-4) { (I~ e ,)LvH . vs. . No. . . . NANCY DOUGHERTY, : CIVIL ACTION - LAW Defendant . IN DIVORCE . NOTICE TO DBPEND 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, pe~nsylvania 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 PAPBR TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TBB OFFICB SBT FORTH BELOW TO FIND OUT WHBRE YOU CAN GBT LEGAL BBLP. COURT ADMINISTRATOR CUMBBRLAND COUNTY COURTHOUSB 1 COURTHOUSB SQUARE CARLISLE, PA 17013 (717) 697-371 x.6200 DENNIS DOUGHERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . No. . . . NANCY DOUGHERTY, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . COMPLAINT IN DIVORCB UNDER SECTIONS 330l(c) or 330l(d) OF TBB DIVORCE CODE The Plaintiff, Dennis Dougherty, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: 1. The Plaintiff, Dennis Dougherty, is an adult individual who currently resides at 1006 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Nancy Dougherty, is an adult individual who currently resides at 1129 Columbia Circle, Apartment 10, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 7, 1967 in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The 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. 8. This action is not collusive. 9. There are no dependant, minor children from the marriage. 10. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 11. The Plaintiff and the Defendant have been unable, as of the date of this Complaint, to agree as to an equitable division of said property. WHEREFORE, the Plaintiff, Dennis Dougherty, respectfully requests this Honorable Court to enter a decree of divorce in this matterJ and the Plaintiff further requests the court to incorporate any Stipulation reached by the parties regarding the division of marital property into the divorce decreeJ or, should tho parties fail to reach such an agreement, to equitably divide all marital property. rO/ifs- R~"Y~ itted, Matthew J. Eshelman, Esquire Law Office of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 Date: .' DENNIS DOUGHERTY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. NANCY DOUGHERTY, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penal ties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Signature: = = .. - , ~ ... - ... - ... ... ~ \D (:: N '~ ~8 c;, tZ.- -j..r .. l' ~ ii: '-J~ .~ ~rg ':\~ '5:! &: "J .,.~ - :j~ 1',; CO 'f (ff! r- LJJ It u.. .... ~ \0 a en . . DENNIS DOUGHERTY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 95 - 5421 CIVIL TERM vs. . . NANCY DOUGHERTY, Defendant : CIVIL ACTION - LAW : IN DIVORCE DBPENDANT'S AFFIDAVIT OF CONSBNT UNDER SECTION 3301'01 OF TBB DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 11, 1995. 2. The marriage of the Plaintiff and the 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 decree of divorce after service of notice of intention to request entry of the decree. 4. 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. S 4904 relating to unsworn falsification to authorities. Signature: t;?a?<'-J- ~ Nancy Dougherty Dated: February 2, 1996 ~ \D ~ ('\j 6 .. C';) ..J....,. ~-' :J:~i~ g .... .- Q.. ):;-. @~ ('\j -:.: ~.(n rc~ - ::;J?.; a) "1~i1J v:, j.::: ~J i?4~ I.L. L,- '0 5 0 O"l U ;~ ..; '. . ~ \D ~ N ~ cry :3 ~!?: O~ r c: ~~. r.'O :;;: CI (~~ rr::: '" ~,,~fr) ..:.. ......).-,. "". , -.". H.: c:: ;hw f:': l.r.l ~o.. ..... ... <.0 ~ 0 Q\ All ownership rights in the Newly Established Account will belong to the Account Transferee. All ownership and interest in the remaining balance of $379.16 of the Account will remain the Current Account OWner's. This assignment of benefits does not require the Account Manager to provide any type or form of benefit, or any option not otherwise provided or available under the Account. This assignment of benefits does not require the Account Manager to provide increased benefits mor does it require the payment of benefits to an Account Transferee or alternate payee which are require to be paid to any other Account Transferee or any other alternate payee under any other court order previously determined to be a Qualified Domestic Relations Order. The Current Account Owner and the Account Transferee shall each be solely responsible for any income taxes or penal ties arising out of any distributions, if eligible, from the respective accounts. Dated this j",.,( day of 'l t~ 1996, being the date upon which the last signature subscribed hereto was affixed. CJ~ ~ ;(J J J- '-Acc1u~rans~ . .... \C' 1.1:"\ \[t>. ,';\ 1. ::~: :~~".'IA,", ,'.r :~"\',~'.'\ {" -. ._,;. :.1..... \ "'\' (',~ C' , \!'.l r. 1,.1; J ....J 1.::1:0..' .' , " , ~;) }' '/;C: L,;I.>- .~l__ ,,;' .- ..I \'~, ... J_,., I 14'J"".U.1 \3 :J',:._I .. vs. IN THE COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 5421 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DENNIS DOUGHERTY, Plaintiff NANCY DOUGHERTY, Defendant PBTITION FOR OUALIFIBD DOMESTIC RELATIONS ORDBR The Petitioner, Dennis Dougherty, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., respectfully petitions this Court to sign the attached Qualified Domestic Relations Order and, in support thereof, avers as follows: 1. The Petitioner, Dennis Dougherty, Social Security Number 186-34-0889, is presently the owner of a certain Individual Retirement Account (I.R.A.) at First Federal of Harrisburg, of Harrisburg, Pennsylvania, numbered 18-66-123766, which will have a value of six thousand three hundred seventy-nine dollars and thirteen cents ($6,379.13), more or less, on April 9, 1996. 2. The parties hereto desire to transfer a portion of this I.R.A. in conjunction with their Divorce and the terms of their Property Settlement Agreement (P.S.A.), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 3. This Petition and proposed Order are submitted pursuant to the P.S.A. of the parties. 4. The Petitioner currently resides at 1006 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania 17070. VS. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 5421 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DENNIS DOUGHERTY, Plaintiff NANCY DOUGHERTY, Defendant VERIFICATION I, Dennis Dougherty, state that I am the Petitioner in the above-captioned case and that the facts set forth in the above PETITION FOR QUALIFIED DOMESTIC RELATIONS ORDER are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities ~nder 18 Pa. C.S. S 4940. C ~ Dennis Dougherty (r " '-- 'ATRICK.. LAtlER,JR Atlonef at Law 2101"'ukol 1'''01 All.. Sulldl.1 em, Hili, PA 110\\ (111) 163.\100 .... .' .. .