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Home My WebLink About00-00817 ~ ' "-'-"-,:':'~~"';".'-. ~',v-~ ",-- c-" - ,-" _'.'~ '.' ,-_J 0_'.' '~. . . . . ";iF.:f. ;F.;F. . STATE OF . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. LISA M. CALHOUN, . . . . . PIainitff No. 2000-817 CIVIL TERM . . . . . VERSUS GREGORY L. CALHOUN, . . . Defendant . . AMENDED . . AND NOW, DECREE IN DIVORCE ~{f . . . -;#D , t t \ ~OOfri^' . . . , IT IS ORDERED AND . . DECREED THAT LISA M. CALHOUN . . . PLAINTIFF, . . . AND GREGORY L. CALHOUN , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY, Further, the Matrimonial Settl t Agreement executed by the parties on May 24, 200 is inoorporated herein for purposes enforcement only, but otherwise shall not be merged into said Decree. The parties ar. ** 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; . . No claims remain. . . . . . . . ** ordered to oomply with the tenns of said Agreement. . . . , J. ~~ONOTART . . '" Of.:f. '" '" . . . . . . . . . . . . .. ~ 9-;;S"-co W ~/U~ -t, 4 ~. f-$.ty ~~% ~ ." ~ :I " , , .~. !q .', "".. """"""",..[II - "II\III!IIII~~" .,..,*~...._ 1'___"''''''''' L i\ \\' () F FIe E S SERRATELLI SOlIFFMAN BROWN & CALHOON, Pc. lORI K. SERRATELlI STEVEN j. SCHIFFMAN MICHAEL F. BROWN RONALD l. CALHOON ANDREW j. OSTROWSKI DEBORAH l. PACKER STEVEN O. SPAHR MAlIRA B. MUNDY MELANIE l. ERB GARTH A. STEPHENSON Of Cau nsel (MD & DC Bars Only) JOHN D. SHERIDAN Of Counsel SUITE 201 2080 LiNGLESTOWN ROAD HARRISBURG, PA 17110-9670 (717) 540.9170 FAX (717) 540-5481 , - -~' .< - ~-.'- ~-.~ September 14, 2000 Prothonotary CUMBERLAND COUNTY COURTHOUSE 1 Cowihouse Square Carlisle, P A 17013 RE: CALHOUN vS. CALHOUN NO. 2000-817 CIVIL TERM OUR FILE NO. 00-029 Dear Sir or Madam: PurSUll1lt to Judge Hoffer's Order of September 11, 2000, whereby I am, as Plaintiffs counsel, to submit an Amended Decree for issuance, enclosed please fmd two originals of said Amended Decree. Please present them to the Judge for execution. A self-addressed, stamped envelope and a stamped envelope addressed to Defendant, are enclosed for your convenience. If you have any questions, please do not hesitate to call my office. Thank you for your attention and cooperation. Sincerely, SERRATELLI, SCHIFFMAN, BROWN CALHOON, PoCo Lo' LKS/ted Enclosures cc: Lisa Calhoun Gregory Calhoun ~ -, ~"" . , . LISA M. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-817 CIVIL TERM CNIL ACTION - LAW GREGORY L. CALHOUN, Defendant IN DNORCE AND NOW, this '" t( day of ORDER 2000, upon consideration of the foregoing Motion, it is hereby ORDERED and DECREED that the Decree in Divorce issued July 27,2000 shall be amended by Plaintiffs counsel, incorporating the Matrimonial Settlement Agreement executed by the parties on May 24,2000. Plaintiffs counsel shall submit the Amended Decree in Divorce to this Court within ten (10) days of the date of this Order. BY THE COURT: J. "" ~, . OC I ~" ,~" -. ~ ,." GD Set) - '" )TrHY I~ ' ~ h~ i ~~: i 5 CJ~\{J-'.\'<-,' '. i c(,' ",n-v .,.;....... ',) ~ '\l I PEI\II\ISYLVi\~!!A "" .,' 1? ) ~ Q-} '1 } _~_~~ _'~I!I~;l1':i _"r,"_~"'1~~ .' __, ~~""""""_,",~~~,~,","",,"@W!!lI'!!!1""II''''!'.'l'illll'' '!"'!'~ , - - - - ':i_ LISA M. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-817 CNIL TERM CNIL ACTION - LAW GREGORY L. CALHOUN, Defendant IN DNORCE MOTION TO AMEND DIVORCE DECREE AND NOW, comes Plaintiff, Lisa M. Calhoun, by and through her attorney, Lori K. Serratelli, Esquire, and the law fIrm ofSerratelli, Schiffman, Brown & Calhoun, P.C., and fIles this Motion, averring as follows: 1. Plaintiff is Lisa M. Calhoun, an adult individual residing at 4130 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Gregory L. Calhoun, an adult individual residing at 122 Cumberland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On February 11, 2000, Plaintiff fIled a Complaint in Divorce. 4. On May 24, 2000, the parties executed a Matrimonial Settlement Agreement. Paragraph 3 of said Agreement indicates that the parties agree that the terms of the Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. (A copy of said Matrimonial Settlement Agreement is attached hereto as Exhibit "A"). ,~ - .- ~ . .!IJ ~.-, 5. On June 15, 2000, Plaintiff executed her Mfidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree. The same was filed with the Court on June 20, 2000. 6. On June 28, 2000, Defendant executed his Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree. The same was filed with the Court on July 6, 2000. 7. A proposed Decree in Divorce was submitted to the Court and said Decree was issued July 27, 2000. 8. The proposed Decree in Divorce submitted to the Court did not reference incorporation ofthe Matrimonial Settlement Agreement. WHEREFORE, Plaintiffs counsel requests that the Decree in Divorce issued July 27, 2000 be amended to incorporate the Matrimonial Settlement Agreement executed by the parties on May 24, 2000. Respectfully submitted, ri . Serratelli, Esquire Atty ill No. 27426 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PoCo 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff __J .. VERIFICATION I, Lori K. Serratelli, Esquire, attorney for the Plaintiff, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. . - 1,.+ . CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certifY that on this 5 P'day of ~~ 2000, I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Gregory L. Calhoun 122 Cumberland Drive Camp Hill, P A 17011 /~ ,Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg,PA 17110 (717) 540-9170 Attorney for Plaintiff '" - , ~ I I ~~. .,- '~<I!i; , MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this~t./fhday of ~'1 ,2000, between LISA M. CALHOUN, hereinafter called "Wife" and GREGORY L. CALHOUN, hereinafter called "Husband". WITNESSETH: The parties hereto, being Husband and Wife were lawfully married on April 22, 1995 in Cumberland County, Pennsylvania; There was one child born of the parties; namely: Victoria Ashlyn Calhoun, born October 28, 1996; Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is<the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. Page 1 .b .... 1 ~,-"., ~ , 1"" " ""~c, ; . NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legaIly bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no- fault divorce pursuant to the terms of Section 330I(c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 2000-817 Civil Term. As soon as possible under the terms of Page 2 Iii"'" - ~ml~,' , . said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. .... 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set Page 3 .1,,- ~-~ ....t" 1 ~.. ~",t; , forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall only take place on the "distribution date" which shall be defined as the date of execution ofthis Agreement unless otherwise specified herein. .... 8. INDEPENDENT COUNSEL The parties hereto acknowledge that Wife has consulted her attorney and has been advised by her attorney of her rights and duties. The parties further acknowledge that Husband has been advised by Wife's attorney that he has the right to independent counsel and that he has voluntarily chosen not to be represented and has acknowledged that he fully understands that Wife's attorney represents only Wife's interests and not his own and that he has nonetheless chosen not to be represented in this matter. Page 4 ,=" "" - ~l .<'".-.r~~ 9. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. SEPARATION Husband and Wife shall at all times hereafter have the right 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 interferences whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Netther party shall do or say anything to the child of the parties which might in any way influence the child adversely toward the other party, it being the intention of both parties to minimize the effect of any such separation upon the child. 11. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date thereof be the sole and separate owner of all tangible personal property present in his or her possession. Page 5 -". " - . " ~" .I~;!!,c,_ 12. REAL PROPERTY The parties acknowledge that they are joint owners of real estate known as 4130 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Husband agrees to transfer to Wife all of his interest in and title to the jointly owned real estate. Said Deed shall be prepared by Wife's attorney. Husband and Wife acknowledge that there is currently a mortgage against the marital home with Columbia Mortgage in the approximate amount of $82,000.00. Wife agrees to be responsible for the payment of the outstanding mortgage and further agrees to be solely responsible for the payment of all future taxes, insurance and utility bills relative to said real estate. ... 13. LUMP SUM SETTLEMENT Wife agrees to pay Husband the sum of Two Thousand Two Hundred Sixty Five ($2,265.00) Dollars in full satisfaction of all outstanding equitable distribution claims upon execution of this Agreement. 14. AUTOMOBILES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Page 6 I,... "'<'" .. - ~ ,~ ,I ,"- U~ B (a) The 1996 Acura Integra shall become the sole and exclusive property of Husband and Husband shall satisfY the remaining balance owed to PNC Bank for the loan encumbering said vehicle. (b) The 1996 Toyota Camry shall become the sole and exclusive property of Wife. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include "power ofattomey" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall take it subject to said lien, encurftbrance, lease or other indebtedness and shall be solely responsible therefore and said party further agrees to indemnifY, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may hive in the vehicle( s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. Page 7 ,t.L ~ l'Il.ll!:t.lIli;/1i,::; , , 15. DEBTS The parties acknowledge that they have no joint debts except for the mortgage and car loans referred to in Paragraphs 12 and 14 herein. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 16. CUSTODY The parties agree that they shall have shared legal custody of their child with Mother having primary physical custody of the child and Father having partial physical custody of the child, as follows: a) Every Tuesday and Thursday of each week from 4:15 p.m. until 7:15 p.m. b) Every Sunday from 10:00 a.m. to 3 :00 p.m. Father shall provide Mother with 24 hours advance notice of any deviations from this schedule. c) Such other times as are mutually agreed by the parties. 2. Transportation shall be shared by the parties. Page 8 <'"-~<\-; , 1 ... 3. The parties shall be entitled to reasonable telephone privileges. 4. The parties may mutually orally agree to temporary changes in the above schedule, or, if mutually agree in writing. The parties both recognize that each of them needs to be fully involved in all aspects of the child's welfare and happiness and in that regard will attempt by all possible means to foster the child's relationship with the other parent and shall in no way say or do anything in front of the child which may affect that relationship. Both parents shall fully share information including oral and/or written reports, regarding the child concerning all aspect of their lives including, but not limited to information concerning schooling and education, activities, health, religion and friends. Both parents agree to cooperate to the fullest extent possible to make their relationship regarding the cltild as harmonious as possible. 17. LEGAL FEES Both parties shall be responsible for the payment of the fees owed to their own attorney. Husband and Wife do hereby waive, release and give up any rights which they may respectively have against the other for payment of counsel fees. Page 9 ,ir~ ~" ~ ~., -I ~ j--'--L-,~>I~ , I 18. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 19. DISCLOSURE AND W AlVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a cmnplete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understahd that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. Page 10 .. ."~ ~,~ , ~~-.-- ....~ ~I, """~ ,~ ..,--~~ , , b. The right to obtain an income and expense statement ofthe other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out ofthe marital relationship, includin~ but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 20. FURTHER DEBT Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. Page 11 - "'~'Iilil 'Ill- lillle'- , , 21. FURTHER DEBT Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnity and save harmless Wife from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 22. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future specifically from the following: spousal support from the other, alimony, alimony pendente lite, equitable distribution of marital assets, claims or rights of dower and right to live in the marital home, right to a'et as executor or administrator in the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other, claims to each others pensions or retirement accounts, any claim or right in the distributive share or intestate share of the other parties' estate. 23. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either or them, each will indemnity and hold harmless the other Page 12 ,,;t~ ., ""' 0.:- " . . } from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 24. FINAL EOUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. '" 25. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 26. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. Page 13 11- - ~- - til ~'t!i:;~,-' . " 1 . '. t 27. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of ever other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 28. COSTS TO ENFORCE In the e~nt that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 29. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (I) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; Page 14 i-.'-...6_' ,.0 - .,~""". ~~ -''iIii~~-~' .~ ,. . '\ f . " I (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; except that Husband has been advised by Wife's attorney that Wife's attorney represents only Wife's interest and that Husband has the right to independent counsel. Husband has chosen voluntarily not to be represented; (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 30. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. "- 31. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet Page 15 ...J. ~~_ - - " ~. 1t . I , , ., J his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 32. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 33. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convcfuience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS Page 16 i ,~~~ ........ I, "-'-~~ .. 'I a 1. 1\ .. . ' , BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: ~( _ "O~ Lisa M. Calh~un / / ..., Page 17 .--. ~" '. ~~ --"~ ""^.I . . I .. 41 . , .. . COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF On this, the /JM day of mIlA t!.h ,2000, before me, the undersigned officer, personally appeared Gregory L. Calhoun, known to me (or satisfactorily proven) to be the person whose name is subscribed to the wi thin Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. (!J;J({J hj CI U-IJ dL1,J1~Ju NOTARY PUBLIC NOTARIALS&.l ~ Chris/ill l. Underkoffler, N(\tary PUblic Camp H!U, Cumoorland County My q?~mm~~~~~p.!:~,~~,jt:~~C\12 J COMMONWEALTH OF PENNSYLVANIA ... SS: COUNTY OF On this, the ~ day of ~ , 2000, before me, the undersigned officer, personally ~ppea~ed Lisa M. Calhoun, known to me (or satisfactorily proven) to be the person whose n;;tme is subscribed to the wi thin Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. 4L~ 22 ~"...=;==~.~.l';~ ~~W~t'fr~~, ;~J\.. I ~H.~}f~iDJ?J.,~~~ ~%wy.. V_~ IlIlt <Cm<'~J<,;","" ,..Olf.llU,ml I >- ,... >- S U': l- ;;-.:: t=.:::: N =-."'J <( .. ) C.~' 7 , ~~ ;t ..:...~ :3 >- 1..,;:') (f) c -. t: '-7 C,O I , ,'L1 t.; - , :1- I C' > "'"-~ !l. ,; ~-~) C) '-.-' (,) u '" i 0 0 :I: ~ .. .. U '" Oll ~ "- '" ~ oil ~ "- .. ~ ~ ~ ... ~ I ~ a- U> ~ ~ ~ "- '" ~ '" ~a:l N ~ '" ~ ... ... o . t: ~ ~ '" !;! g U> U> '" - - .:; '" "- "- "' '" J ~ ~ "' :;: .. "- "- '" U N - - '" ::i .. "' ~ .. ~ .t . . ,,. . < . "t ., till \\, . lA'" O.FleF.' SERRATELLI. SCHIFFMAN. BROWN & CALHOON, P.C. Sum:201 -b..b 2080 iJNGLEStiqw!'.]pAD ,lip if 7 ?nnlh VI HARR,lSBURG,PA 1'7110-9670 ' ~ .. / - ,- 0' \ I '> _.,'..L ;t; ;t; Of. ;t;;t;;t; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF LISA M. CALHOUN, Plaintiff . VERSUS GREGORY L. CALHOUN, Defendant . AND NOW, DECREED THAT PENNA. No. 2000-817 CIVIL TERM DECREE IN DIVORCE it~~o ~~,t1.~ 'Un. , IT IS ORDERED AND M. Calhoun PLAINTIFF, AND Gregory L. Calhoun, , 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; No claims remain. . . . . . ;t; ;t; ;t; ;t;:f. . . . , 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . ~ ".\'-/ ~,c" "7a8'tz? M ~~~4~' /c;lZ?a?J?'l~ ~ ~ ~ " " ~~, -, ~. . . ~~",.- J~. - ... - '"~.",/. 3301(c} LISA M. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2000-817 CIVIL TERM GREGORY L. CALHOUN, Defendant CIVIL ACTION IN DIVORCE LAW 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: 3301(c} of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery on February 18, 2000 . 3. Date of execution of the affidavit of consent required by Section 3301(C} of the Divorce Code: by Plaintiff by Defendant ~28/00 6/15/00 4. 5. Related claims pending: Date plaintiff's Waiver None. of Notice in S3301(c} Divorce was filed with the Prothonotary: 6/20/00 Date defendant's Waiver of Notice in S3301(c} Divorce was filed with the Prothonotary: 7/6/00 Dated: 7 //'i/ o-u Serratelli, Esquire T LLI, SCHIFFMAN, & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff >- ?: cr-' IF. t:: z r--. co =)<r; -.,. 8~ ''''=-: ,~..... -- -" '-' ::-">.- " co ,-r"',!) ~'I Z: =:;-1 S~~ [--- , ==='5 ,: C:'J 0 :::J CJ C.) u '" ~ 0 :I: ~ ... < U '" <<l ~ " '" - .2~ " OC> ~ ~ - .. ~ ~ a. ~ - ~ .. '" 0- C> C> '" ... ;;S O~ tj ~ .. .. 3 ~ o ~ g ~ ~ <J> Z - - .:i 0 " " = .. C> ~ - - .. ~ :a OC> " ... C> U '" - - '" ::l ... '" ~ ~ I ~. ( HM-9SlL9....~.Si5IL9.'8.e:SiIL9..d8.l$IL9 'ON WIlO::! -00 A'ddns ,..,.tl31 3J,.V.1S'TW LA'" Oro'''E' '., SERRATELLI. SCHIFFMAN. BROWN & CALHOON, P.C, SUITE 201 2080 UNGLESTOWN RoAD HAR.Rz8URG, PA 1"7110-9670 . . " / .'>. :~.~ )') ':l~- _'I '~ , ' ",",.I^-_ "', , LISA M. CALHOUN , . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . C""' ~L ~ . NO. -2000 -P/7 VS . CIVIL ACTION - LAW . GREGORY L. CALHOUN, . . Defendant . 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 CUMBERLAND COUNTY COURTHOUSE. 1 COURTHOUSE SOUARE. CARLISLE. PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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. YOUR 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 249-3166 , ~" " ,-..... I '" ~~, " _,' ,'C " 1'", ,c'ii COMPLAINT IN DIVORCE UNDER SECTION 3301(0) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I 1. Plaintiff is Lisa M. Calhoun, who currently resides at 4130 Kittatinny Drive, Mehcanicsburg, Cumberland County, Pennsylvania 17055 since 1995. Plaintiff's social Security Number is 209-48-8619. 2. Defendant is Gregory L. Calhoun, who currently resides at 122 Cumberland Drive, Camp Hill, Cumberland County, Pennsylvania 17011 since January 29, 2000. Defendant's Social Security Number is 170-56-3655. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. . 4. The Plaintiff and Defendant were married on April 22, 1995, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the united states or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United states. 10. Plaintiff avers that there is one child of the parties under the age of 18, namely victoria Calhoun, born october 28, 1996. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, , . Serratelli, Esquire S TELLI, SCHIFFMAN, BROWN & CALHOON, P. C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF < ,,-, " . ' ^ '~' VER:Il!':ICAT:ION I verify that the statement made in the foregoing Complaint in Divorce 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. Date:d \~ [ ~ 2f?sv- C; U t Lisa M. Calhoun >- 't '..'':' to i>:: ;",< C\,' u_..'~'~i CO> ~ (\i -'. ~;.. ,:::0 'C' ~ ~ ~ e i.f" ...'".,. ;:~'i.?; ~ ...~ (~:);::_- (,L ::):0;: (:::'1.- 'U , {;. -- ~--::;0 () ..... ,--...,-! ~ a C"'( 0- c, C1:j ~.? 0 r-. 4J ~p ...... '" 4_ ~ t1 ~ (5 C:J ~ g ~ C) :::5 0 ...... "D). ~ ...... u "' :i 0 0 5 '" ~ o1l ~ "- '" ~ 8 "- .. :d 6 ~ ... ~ I ~ '" '" ~ ~ ;! .. '" 1tl:Q '" ~ '" '" o . ~ ... ... ~ ~ ~ ~ g '" '" . '" -- .:l ~ "- "- = .. '" J ~ ~ .. :c .. "- "- '" u '" -- en ::l ... '" ~ .. '" en - . . . . . , . . - . I-lM-9SlL9'A~'SSIL9"8'e:SIL9'.:l8'i:'SIL9 .ONWl:lChl.OO...'ddnS1VEl3131.....lS-11'd LAW OFfl~'S SERRATELLI. SCHIFFMAN, BROWN & CALHOON. P.c. , SUlTEl06! . 2080 LINGLESTOWN ROAD " ,~ HARRISBURG,PA 17110-9670 " . I "" I / I c, .' "" .J 1_, , , ':- ,--, ,,'" . Complete items 1, '2, and 3. Also complete: item 4 if Restricted Delivery is desired. . ,print your ,name and address on the reverse so that we-can return the card to you. . Attach this card to the back of the mailpiece, i or an the front if space permits. 1. Article Addressed to: 'G,e..~<,,-\ \." ~\"'Cu." I ~d- ~\:'e..r\o..~ U"',,--<t. ~" \\.\\ \ fi\ \IM\ 2. Article Number (Copy from'selvice fabeQ -=2: .;t,?>'g S~d, <:)31 PS ,\or[l1 3~11 .j ~ult 11999 D. I d ad ress different from item 1? If YES, enter delivery address below: 'gent o Addressee o Yes ONe 3. ~ice Type )U Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchahdise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 06mestlc Return Receipt 10259S-99-M-1789 , , a.m:"""'~~""'ol!o>li'~ilIL ",,,,,-,- = >"~""'M~.ItiliIi~-.,.l...-.-~ l'-filj~iiil;l~ilIiIIIliiiii ~ ,I ~ , Z 238 5&2 931 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Ito , Postage \10 l \ S~ /. '-/If) Certified Fee Special Delivery Fee Restricted Delivery Fee '" m Retum Receipt Showing to _ Whom & Date Delivered "5.- Return Receipt Showing to Whom, <( Dale, & Addressee's Address o o TOTAL Postage & Fees CO (") Postmar1< or Dale E o u. (j) a. ,;(. ?r I. $ s: 1,)" .;l.- \5 - DO t , SERVICE OF DIVORCE COMPLAINT - . , ~ . " LISA M. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-817 CIVIL TERM CIVIL ACTION - LAW GREGORY L. CALHOUN, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Lori K. Serratelli, Esquire, being duly sworn according to law, depose and say that I served the Divorce Complaint in the above captioned matter, by depositing it in the united States mail, Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Gregory L. Calhoun 122 Cumberland Drive Camp Hill, PA 17011 The return receipt card is attached hereto. Dated: /.V) ~t / rse / I Serratelli, Esquire ELLI, SCHIFFMAN, B OWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff Sworn and Subscribed to before me this :;;l1ct day of ~7 ,2000. 1~ !vM1~ . NOTARY PUBLIC My commission Expires: S.7-,). 0(7'0 Notarial Seal Debra A. Evangelisti, Notary Public Susquehanna Twp" Dauphin County My Commission Expires May 7, 2000 , ! :>- N ~ tr.> i= I-'" 5 r59 ~ 0':5: p,::t; g: o~ gr-: ~ Q~ C\l 3~ w5: I " ~ cr:w 0:: ~~ if ~ ~ c::> ~ .;) c::> U u ' '" ;i o o :s U< R .:d ~ ~ ~ ~ ~;:: ~ ~ S g !:::; It a:l ~ !3 as ~~~~~ a: ~ = g" ~ ~~ ii: <> u '" III :l '" .. ~ .. III .... HM-9gIL9'A~.5SiIL9"e-esIL9':I8.G'SIt.9 ON l'j~O:l .00 A 1ddns 'VD31 31.....19-"..,. lAW 0"1"" " '~:'~, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, RC, SUITE 201 20an LINGLES1'oWN ROAD HAIuuSBURG,PA 17110-9670 .. ";' 'I ? ~ <> - " .. - ... '" .., <> <> ... ... "' "' " " - - " " ,/ .~~ ~ " - 1-.-"", " . <I I LISA M. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs; NO. 2000-817 CIVIL TERM CIVIL ACTION - LAW GREGORY L. CALHOUN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 11, 2000. (2) The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint. is irretrievably from the date of (3) I consent to the entry of a final decree formal notice of the intention to request decree. of divorce without entry of a divorce (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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. ~-Lsf 00 DATED )4?~ Lisa M. Calhoun -'-') :::;:"j '2:: ':z ~;~~ <:J~~.>' (.):~.c C)~ '~i ~P('- ...,.:'-~ '-) o cO ..:;l ~; '(\_~~ ?!~ \:~~ ~,,,. ,~~ ...=-- c..~ c:> (',j ,i_ e, r? C:) u '" i 0 0 ~ :c S " "- o'd ~ ~ " ~ "- 00 ::l ~ ~ ... ~ ~ '" '" ~ " s o ~ '" ~ i1l " " 0'= ~ ~ ... ... . !: Ii '" '" ~ z P <0 .:s ~ ~ z - - ;:; p "- "- = ... " ~ ~ ~ ... :;: ~ "- "- u '" - - '" :l ... "' ~ " "' '" "..". ~ . HM'9SIL9'AfrSllIL9-'B'&SIL9'.:!B'C:SIL9 ON WI:IO~ -00 A'ddOS ''''D3' 31...19."... LAW OFflCE< " " .' ':,: ~jcc c' "'''' '1.,"" SERRATELLI. SCHIFFMAN, BROWN & CALHOON, P.C. SUITE 201 2080 LINGLESTOWN RoAD HArl1SBURG,PA 17110-9670 I ,; " ""';'v.',s~ ';'_l' LISA M. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-817 CIVIL TERM CIVIL ACTION - LAW GREGORY L. CALHOUN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(Cl OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c} of the Divorce Code was filed on February 11, 2000. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. (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. 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. Sec. 4904 relating to unsworn falsification to authorities. , ---- Gre Calhoun f2' <"I j?;: -<L N Z !- :::J-< lu;,:2 -8Z ~~~~ ;!-:: ()~ 0_ q~ ~i~; '0 -~~-" en I 5z .-' ...l c..c:z u:: Ww = a:Jc.. " ~ LL Cl :::J Q ,.:::> C,) U 0: i 0 0 ~ :: ... ~ 0 ~ o'd !i! "- 0 ~ o ~ "- oo ~ ~ 0 ~ ... lil ~ ~ '" U> 8 ~ s f: ~ 0 <> ll:1:ll '" o . ti ~ ill ... ... 3 ~ ~ !1 Ii U> U> '" - - .:; ~ "- "- = .. 0 ~ ~ ~ .. oo ! x 0 "- "- u '" - ~ CI) ::J iil ~ .. "' CI) - . . . HM.9SlIL9'A~S5i1l.9'"l8'e:lil4g'.:le'C:SI1.9 'ON WI:IO:l '00 Alddns '....931 31V1S-'W LA'" a'f1eES " .,",- ..'1;, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. SUITE 201 2080 LI~!,.ESTQWN ROAD HARRISBURG,PA 17110-9670 /' ,,-