HomeMy WebLinkAbout03-0147
LORI L. CALLAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
v.
JEFFREY L. CALLAN,
Defendant
NO. 03.1'11
: IN DIVORCE
CIVIL TERM
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
will proceed without you and a decree of divorce or annulment may be entered against you for
any 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, Carlisle, Cumberland County,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
Two Liberty A venue
Carlisle, Pennsylvania 17013
(717) 249-3166
LORI L. CALLAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JEFFREY L. CALLAN,
Defendant
NO. 0'3 -IV]
IN DIVORCE
CIVIL TERM
COMPLAINT IN DIVORCE
COUNT I
NO FAULT
1. Plaintiff is Lori L. Callan, an adult individual currently residing at 7 East Main Street,
Newburg, Cumberland County, Pennsylvania, Plaintiff has resided at this address for
approximately fifteen (15) years.
2, Defendant is Jeffrey L. Callan, an adult individual currently residing at 7 East Main
Street, Newburg, Cumberland County, Pennsylvania. Defendant has resided at this
address for approximately eighteen (18) years,
3, Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately, previous to the filing of this Complaint.
4, Plaintiff and Defendant were married on June 26, 1987, III Franklin County,
Pennsylvania.
5, There have been no other prior actions for divorce or annulment between the parties.
6, Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
7, Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling. Knowing this, Plaintiff does
not desire that the Court require the parties to participate in counseling.
8, Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
COUNT II
EOUlTABLE DISTRIBUTION
11. Paragraphs I through 10 are incorporated herein by reference as if set forth in their
full text.
12, Plaintiff and Defendant are joint owners of various items of personal property,
furniture, and household furnishings acquired during their marriage which are subject
to equitable distribution.
13, Plaintiff and Defendant are joint owners of real estate located in Cumberland County,
which was acquired during their marriage and which is subject to equitable
distribution.
14. Plaintiff and Defendant have incurred debts and obligations during their marriage
which are subject to equitable distribution,
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably
dividing the parties' property and equitable apportioning the debts incurred by the parties.
Respectfully submitted,
Wendy J. F. Gr a,
Attorney for PI . ,
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE:
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LO L. CALLAN, Plaintiff
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LORI L. CALLAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
JEFFREY L. CALLAN,
Defendant
CIVIL ACTION - LAW
: NO. 03-147 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this
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\ T day of January, 2003, comes Wendy 1. F. Grella, EsqUire,
counsel of record for Plaintiff, Lori L. Callan, and states that a true and attested copy of a
Complaint in Divorce was sent to Defendant, Jeffrey L. Callan, at 7 East Main Street, Newburg,
Cumberland County, Pennsylvania, 17240 by certified mail, restricted delivery, return receipt
requested, A copy of said receipt is attached hereto indicating that service was made on January
15,2003,
Wendy J. F. Grell
Attorney for Pia tifj
GRIFFIE & ASS
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this day
of ,2003
NOTARY PUBLIC
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item 4 if Restricted Delivery is desired,
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so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits,
j~ L. Callcv,
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PS Form 3811, August 2001 Domestic Return Receipt )02595,02-M.()835
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4. Restricted Delivery? (Extra Fee) ~Yes
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SEPARATION AND PROPERTY SETTLEMENT AGREEMEN
THIS AGREEMENT made this .;1bY.(day of ):2-eA3:e4.....iJ--t-/'
, 2004 by and
between LORI L. CALLAN, of 52 Water Street, Walnut Bottom, Cumberland ounty,
Pennsylvania, party ofthe first part, hereinafter referred to as "Wife,"
AND
JEFFREY L. CALLAN, of 7 East Main Street, Newburg, Cumberland ounty,
Pennsylvania, party of the second part, hereinafter referred to as "Husband,"
WITNESSETH:
WHEREAS, Husband and Wife were married on June 26, 1987, in Franklin ounty,
Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylva ia and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which hav made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their arital
rights and obligations, and make an equitable distribution of their marital property, det rmine
their rights to alimony and support and any other matters which may be considered un er the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the res ective
rights and duties of the parties while they continue to live apart from each other and to se tie all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the di ISlOn
of their jointly owned assets, the provisions for the liabilities they owe, and provisions r the
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resolution of their mutual differences, after both have had full and ample opportunity to onsult
with attorneys of their respective choice, the parties now wish to have that agreement red ced to
writing,
NOW, THEREFORE, the parties hereto in consideration of the mutually made an to be
kept promises set forth hereinafter and for other good and valuable consideration, and int nding
to be legally bound and to legally bind their heirs, successors, assigns, and p rsonal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate an apart
from each other and to reside from time to time at such place or places as they shall respe ively
deem fit free from any control, restraint, or interference, direct or indirect, by each ther.
Neither party shall molest the other or compel or endeavor to compel the other to coh it or
dwell with him or her by any legal or other proceedings, The foregoing provisions shall ot be
taken to be an admission on the part of eilher Husband or Wife of the lawfulness of the uses
leading to them living separate and apart,
ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce, It is specifically understood and agre d by
and between the parties hereto that each of the said parties does hereby warrant and repres t to
the other that the execution and delivery of this Agreement is not predicated upon nor ade
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or on-
--Page 2 of 16--
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defense of any action for divorce; provided, however, that nothing contained in this Agr ement
shall prevent or preclude either of the parties hereto from commencing, instituting or pros cuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and
grounds; not to prevent either party from defending any such action which has been,
shall be instituted by the other party, or from making any just or proper defense thereto It is
warranted, covenanted, and represented by Husband and Wife, each to the other, th t this
Agreement is lawful and enforceable and this warranty, covenant, and representation is m de for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husba d and
Wife each knowingly and understandingly hereby waive any and all possible claims th t this
Agreement is, for any reason, illegal, or for any reason whatsoever of public olicy,
unenforceable in whole or in part, Husband and Wife do each hereby warrant, covena t and
agree that, in any possible evenl, he and she are and shall forever be estopped from asserti g any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agre ment
relating to the equitable distribution of property of the parties are accepted by each part as a
final settlement for all purposes whatsoever. Should either of the parties obtain a d cree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each f the
parties to this Agreement hereby consents and agrees that this Agreement and all its cove ants
shall not be affected in any way by any such separation and divorce,
--Page 3 of \6-,
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1.3
This Agreement shall survive any decree in divorce and shall be forever bindi g and
conclusive on the parties, It is understood by and between the parties that this Agreeme t shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged' such
decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which co fOTITIS
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the foll wing
considerations: the length of the marriage; the prior marriages of the parties; the age, eaIth,
station, amount and sources of income, vocational skills, employability; estate, liabilitie , and
needs for each of the parties; the contribution of one party to the education, training or inc
assets and income; the sources of income of both parties, including but not limited to m ical,
earning power to the other party; the opportunity of each party for future acquisition of
retirement, insurance or other benefits; the contribution or dissipation of each part i the
acquisition, preservation, depreciation, or appreciation of marital property, includin the
contribulion of a party as a homemaker; the value of the property set apart to each part ; the
standard of living of the parties established during their marriage; the economic circumstan es of
each party, including federal, state and local tax ramifications, at the time of the division f the
property is to become effective; and whether the parties will be serving as the custodian 0 any
dependent minor children.
--Page 4 of 16--
3.2
The division of existing marital property is not intended by the parties to constitut many
way a sale or exchange of assets and the division is being effected without the introduc ion of
outside funds or other property not constituting marital property, The division of propert under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parti s,
3.3
Personal Provertv. The parties acknowledge that they have divided their p
property, tangible and intangible, to their mutual satisfaction, The parties further ackno
that they have the cash, accounts, furniture, appliances, guns, and other personal pr erty,
tangible and intangible, in their possession that they wish to have and retain from thi time
forward, Neither party shall make any claim whatsoever against the personal property n the
other party's possession or assets in that other party's possession from the time of execut on of
this Agreement forward.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownershi and
possession of any life insurance policies owned by the other. Each party shall have the ri ht to
borrow against, cash in policies, change beneficiaries, an exercise any other incide s of
ownership of the respective policies free of any right or claim by the other party, Each arty
agrees to sign any documents necessary to waive, relinquish or transfer any rights m such
policies to the respective party who presently owns such policies,
3.5
Subsequentlv Acquired Provert]!. Husband and Wife agree to waive and relinquisl any
and all right that he or she may now have or hereafter acquire in any real or tangible per nal
--Page 5 of 16--
property subsequently acquired by the other party, Husband and Wife specifically a ree to
waive and relinquish any right in such property that may arise as a result of the m rriage
relationship.
3.6
Real Estate.
A, 7 East Main Street Newbur Cumberland Count Penns lvania and Tho son
Hol/ow Road. Shippensburj!, Cumberland Countv, Pennsylvania. The parties are joint ow ers of
two parcels of real estate located at 7 East Main Street, Newburg, Cumberland C unty,
Pennsylvania, and Thompson Hollow Road, Shippensburg, Cumberland County, Pennsyl ania.
Said properties are owned in joint names as tenants by entireties. The properties are encu bered
with a mortgage due and owing to M&T Bank, which is believed to be an encumbrance 0 both
properties,
From the time of execution of this Agreement forward, Husband shall be soleI and
exclusively responsible for the repayment of the mortgage due and owing to M&T Ban and
shall indemnify Wife and hold her harmless from and against any and all demands for pa ment
or collection activity of any nature whatsoever.
In addition, Husband shall apply to refinance the said mortgage in an amount suffici nt to
pay the mortgage in full and thereby remove Wife as an obligor on said mortgage, At the ti e of
refinancing and the distribution of lump sum proceeds as hereinafter set forth in paragraph ,10,
Wife shall execute two special warranty fee simple deeds conveying her interest to each pro erty
and shall provide them to Husband at the time of refinancing in exchange for the lump sum
distribution hereinafter described, Said refinancing shall occur within sixty (60) da s of
execution of this Agreement.
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In the event that the refinancing does not occur as required, the properties s all be
immediately listed for sale with a realtor of the parties' mutual choosing, If the pa es are
unable to mutually select a realtor, Husband shall name three (3) realtors from three (3) d ferent
real estate firms that are acceptable to him to list and sell the properties. Wife shall select one of
those three realtors and that shall be the listing realtor. In the event Husband does not rovide
the names of three (3) realtors within fifteen (15) days of request by Wife's legal counse , Wife
shall be entitled to solely select the listing realtor.
The parties shall then list both parcels of real estate for sale at a mutually ag eeable
listing price, In the event the parties cannot agree to a listing price, the recommendatio of the
selected realtor shall prevail and shall serve as the listing price. After the property is list d, the
parties shall accept any offer for purchase that is made by any prospective purchaser whic offer
is at least 95% of the asking price, With respect to any other offers made, the parties wil abide
by the recommendation of the realtor relative to acceptance, Both parties shall execute a y and
all necessary documents in order to allow the listing, marketing, and sale of the property, In the
event they fail to do so and either party is obligated to initiate any type of litigation in 0 der to
enforce the parties' obligation under this paragraph or other portions of the Agreeme t, the
default provisions ofthis Agreement as set forth in paragraph 5.13 shall prevail.
At the time of final settlement on the sale of the real estate, the proceeds s
distributed with the M&T mortgage being paid in full as it is required at a routine settleme
Wife shall then receive a distribution of the sum of FORTY-FIVE THOUSAN SIX
HUNDRED AND XX/lOO ($45,600,00) DOLLARS. Thereafter, all remaining pr ceeds
received shall remain as Husband's sole property. Neither party shall make any claim
the other after the sale and distribution of proceeds in this manner.
--Page 7 of 16--
3.7
Pension. Retirement. Profit-Sharinf!. Husband shall retain as his sole and ex lusive
property his TIAA-CREF account, his Opinheimer account, and his MFS account. Wif; shall
make no claim of any nature whatsoever from this time forward relative to any ownership rights
or interest in each account that she might have individually or through her marriage to Hus and,
Wife shall retain as her sole and exclusive property, her IDEX Funds, her Tec ooks
40l(k) plan, and her Carlisle Container 40l(k) account. Husband shall make no claim f any
nature whatsoever from this time forward relative to any ownership interest or rights i each
account that he might have individually or through his marriage to Wife.
Otherwise. the parties agree to waive, relinquish or transfer any and all right, tit and
interest that they have in the other party's retirement accounts as set forth above, as well s any
other retirement accounts of any nature whatsoever that may exist at the time of execution f this
Agreement. In the event either party is obligated to execute any documents to so conve their
interest, they will do so within fifteen (15) days of being requested to do so.
3.8
Vehicles. The parties acknowledge that Wife has and shall retain sole and exc Slve
ownership and possession of a certain 2000 Dodge Durango vehicle which was originally itled
in the parties' names jointly, Husband shall execute the title of the vehicle within fiftee (15)
days of being requested to do so by Wife or Wife's legal counsel to Wife's name individ ally,
Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicl and
shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from th date
of execution of this Agreement forward.
..Page 8 of 16--
The parties acknowledge that Husband has and shall retain sole and exclusive ow ership
and possession of the parties' 1988 Dodge Dakota, which was originally titled in the arties
name jointly. Wife shall execute the title to the vehicle within fifteen (\5) days upon req est to
do so by Husband. Wife shall make no claim whatsoever relative to access to or use f the
aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the afi esaid
vehicle from the date of execution of this Agreement forward.
In the event there is any encumbrance on either vehicle, the party retaining the hicle
shall retain sole and exclusive responsibility and obligation for repayment of each encum rance
and shall indemnify and hold harmless the other party from any and all demand for paym nt or
collection activity of any nature on account of said encumbrance,
3.9
lntanrdble Personal Property. The parties have already transferred or waived righ and
interest in other intangible personal property, including their various bank accounts, credit mon
accounts, and the like, Each party agrees to sign any documents necessary to close any joint
accounts within fifteen (\5) days of signing this Agreement. Neither party shall make any laim
of any nature whatsoever against the other party relative to the financial accounts or ther
investments or intangible personal property that have already been retained by that pa y as
described herein.
3.10
Contemporaneously with Husband's refinancing of the mortgage as set forth hereinb fore
in paragraph 3,6, he shall distribute to Wife the sum of FORTY-FIVE THOUSAND SIX
HUNDRED AND XXII 00 ($45,600,00) DOLLARS, without deduction, as a lump sum pay ent
to her as part of the comprehensive distribution of marital assets, In the event Husband fa s to
--Page 9 of 16--
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refinance as provided in paragraph 3,6, at the time of sale of either of the properties, or t e sale
of both ofthe properties if necessary, Wife shall receive the sum of FORTY-FIVE THOU AND
SIX HUNDRED AND XX/IOO ($45,600.00) DOLLARS as her lump sum payment to which
Husband is obligated pursuant to this paragraph,
ARTICLE IV
DEBTS OF THE PARTIES
4.1
Each party shall be solely and exclusively responsible for the First USA Visa a count
that they have retained since their separation, Each party shall take any and all action nee ssary
to remove the other party's name from the account they have retained. Each party shall m intain
those accounts in current status and see that they are paid in full in a timely fashion. In the event
that each party shall indemnify the other and hold them harmless from and against any d all
demands for payment or collection activity of any nature whatsoever relative to the Visa
accounts they have retained.
4.2
Each party represents to the other except as is otherwise set forth in this Agreement, there
have been no major outstanding obligations of the parties; that since the separation neither arty
has contracted or any debts for which the other will be responsible and each party indem ifies
and holds harmless the other for all obligations separately incurred or assumed unde this
Agreement.
ARTICLE V
MISCELLANEOUS PROVISIONS
5.1
Advice of Counsel, The parties acknowledge that they have received indepe dent
--Page \0 ofl6--
legal advice from counsel of their own selection, with Bradley 1. Griffie, Esquire advisin Wife
and Anthony 1. DeLuca, Esquire advising Husband, and that they fully understand the fa ts and
have been fully informed as to their legal rights and obligations and they acknowled e and
accept that this Agreement is, in the circumstance, fair and equitable and that it is being
into freely and voluntarily after having received such advice and with such knowled
execution of this Agreement is not the result of any duress or undue influence and that it is not
the result of any collusion or improper or illegal agreement or agreements and the parties ereto
state that helshe, in the procurement and execution of this Agreement, has not been sub ect to
any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the art of
the other, or on the part of the other's counsel.
5.2
Mutual Release. Husband and Wife each do hereby mutually remise, release, quit laim,
and forever discharge the other and the estate of such other, for all times to come and r all
purposes whatsoever, of and from any and all right, title and interest, or claims in or agai t the
property (including income and gain from property hereafter accruing) of the other or agai t 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 th reof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other s by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or wido er's
rights, family exemption, or similar allowance, or under the intestate laws, or the right to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testame tary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, wh ther
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory 0 the
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United States, or (c) any other country, or any rights which either party may have or at a y time
hereafter have for past, present, or future support or maintenance, alimony, alimony pe dente
lite, counsel fees, costs or expenses, whether arising as a result of the marital rela on or
otherwise, except and only except, all rights and agreements and obligations of what oever
nature arising or which may arise under this Agreement or for the breach of any thereof, I is the
intention of Husband and Wife to give to each other by execution of this Agreement full,
complete, and general release with respect to any and all property of any kind or nature, eal or
personal, not mixed, which the other now owns or may hereafter acquire, except and only cept,
all rights and agreements and obligations of whatsoever nature arising or which may arise nder
this Agreement or for the breach of any thereof.
5.3
Warranties. Each party represents that they have not heretofore incurred or cont acted
for any debt or liability or obligation for which the estate of the other party may be respo sible
or liable, except as may be provided for in this Agreement. Each party agrees to indemn fy or
hold the other party harmless from and against any and all such debts, liabilities or obligati ns of
every kind, including those for necessities, except for the obligations arising out 0 this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will now
and at all times hereafter, save harmless and keep the other indemnified from all debts, ch rges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of hem
hereafter incur any liability whatsoever for which the estate of the other may be liable,
--Page 12 of 16--
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5.4
No waiver or modification of any of the terms of this Agreement shall be valid u ess In
writing and signed by both parties and no waiver of any breach hereof or default hereund shall
be deemed a waiver of any subsequent default of the same or similar nature.
5.5
Husband and Wife covenant and agree that they will forthwith execute any a d all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writi gs as
may be necessary or desirable for the proper implementation of this Agreement, and a their
respective counsel shall mutually agree should be so executed in order to carry full and
effectively the terms of this Agreement.
5.6
This Agreement shall be construed in accordance with the laws of the Commonwe th of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
5.7
This Agreement shall be binding and shall inure to the benefit of the parties heret and
their respective heirs, executors, administrators, successors and assigns,
5.8
This Agreement constitutes the entire understanding of the parties and supersede any
and all prior agreements and negotiations between them, There are no representatio s or
warranties other than those expressly set forth herein.
5.9
Severabilitv. If any term, condition, clause, section, or provision of this Agreement hall
be determined or declared to be void or invalid in law or otherwise, then only that rm,
--Page 13 of 16--
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condition, clause or provision shall be stricken from this Agreement, and in all other re peets,
this Agreement shall be valid and continue in full force, effect. and operation, Likewi e, the
failure of any party to meet his or her obligation under anyone or more of the articl sand
sections herein shall in no way void or alter the remaining obligations of the parties,
5.10
It is specifically understood and agreed that this Agreement constitutes the eq itable
distribution of property, both real and personal, which was legally and beneficially acqui ed by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
5.11
Disclosure. The parties each warrant and represent to the other that he or she has ade a
full and complete disclosure to the other of all assets of any nature whatsoever in which party
has an interest, of the sources, and amount of the income of such party of every type whats ever,
and all other facts relating to the subj ect matter ofthis Agreement.
5.12
Enforceabilitv and Consideration. This Agreement shall survive any action for di orce
and decree of divorce and shall forever be binding and conclusive on the parties; an any
independent action may be brought, either at law or in equity, to enforce the terms 0 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 f 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 is stipulated, confessed and
admitted by the parties, and the parties intend to be legally bound hereby, In the event ther
--Page 14 of 16--
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party breaches the aforesaid Agreement and it is determined through appropriate legal acti n that
the alleged party has so breached the Agreement, the breaching party shall be responsible or 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, In the e ent of
breach, the non-breaching party shall have the right, at his or her election, to sue for dama es for
such breach or to seek such other and additional remedies as may be available to him or her
including equitable enforcement ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the d yand
year first above written,
WITNESSED BY:
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1. CALLAN
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--Page 15 of 16--
... .
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COMMONWEALTH OF PENNSYLVANIA
'j
COUNTY OF Ck.l! ,,- U<-l..(~......L
On this .;;0 {..\. day of J u n' 6..c.,
, 2004, before me, the under igned
officer, personally appeared LORI L. CALLAN, known to me (or satisfactory proven) to e the
person whose name is subscribed to the within Agreement and acknowledged that she ex cuted
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF ~,UA'LkLQCt.' I..cl
On this ,:;( [s fday of };-I:.ek '"\...~,,)
rr:L~ <J /if.--LI. ii"-~
,J
NOTARIAl SEAL
ROBINJ.GOSHORN, NOTARYPIlBlIC .
CARLISLE BORO., CUMBERLAND COUNT'i
MY COMMISSION EXPIRES APRIL 11 2001
, 2004, before me, the unders gned
officer, personally appeared JEFFREY L. CALLAN, known to me (or satisfactory proven) 0 be
the person whose name is subscribed to the within Agreement and acknowledged th t he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
//{
NOTARIAl. SEAl
MARJORIE A DElUCA
Nolorv Public
SOUIll MIOI:WON1WP.C\MIBl\ANOCOlMY
My Commls$lOn Exptres Nov 4, 2001
--Page 16 of 16--
LORI 1. CALLAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V NIA
v,
: CIVIL ACTION - LAW
JEFFREY 1. CALLAN,
Defendant
: NO, 03-147 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was fi d on
January 9, 2003, and served on January 15,2003,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet (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 after service of not ce of
intention to request entry of the decree,
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFlD VIT
ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HE IN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C,S, 94904 RELATIN TO
UNSWORN FALSIFICATION TO AUTHORITIES,
DATE: J d-- '- ~ 1 ~() Y
LORI L, CALLAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV NIA
v.
: CIVIL ACTION - LAW
JEFFREY 1. CALLAN,
Defendant
: NO, 03-147 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
I. A. Complaint in Divorce under S330 I (c) of the Divorce Code was fi d on
January 9, 2003, and served on January 15,2003,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet (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 after service of not ce of
intention to request entry of the decree,
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFID VIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HE IN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S. S4904 RELATIN TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
lei /JL((Ji
/(ni dit'u'-..-
LORI ,CALLAN, Plaintiff
LORI L. CALLAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV NIA
v,
: CIVIL ACTION - LAW
JEFFREY L. CALLAN,
Defendant
: NO, 03-147 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
THE ENTRY OF A DIVORCE DECREE
UNDER &3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree in divorce without notice,
2. I understand that I may lose rights concerning alimony, division of pr erty,
lawyer's fees or expenses if I do not claim them before a divorce is granted,
3. I understand that I will not be divorce until a divorce decree is entered y the
Court and that a copy of the decree will be sent to me immediately after it is files wi the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFlD VIT
ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HE IN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C.S, 94904 RELATIN TO
UNSWORN FALSIFICATION TO AUTHORITIES,
DATE: I d- -3.1--- or
\
J
.............. \
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV NIA
LORI 1. CALLAN,
v,
: CIVIL ACTION - LAW
JEFFREY L. CALLAN,
Defendant
: NO, 03-147 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
THE ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree in divorce without notice,
2. I understand that I may lose rights concerning alimony, division of pr erty,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3, I understand that I will not be divorce until a divorce decree is entered y the
Court and that a copy of the decree will be sent to me immediately after it is files wi h the
Prothonotary .
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFID VIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HE IN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C,S. S4904 RELATIN TO
UNSWORN F ALSIFICA TION TO AUTHORITIES,
DATE:
loJ !:k I a'f
( 00 J {J((J..,~
LORI 1. CALLAN, Plaintiff
Plaintiff
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLV NIA
LORI L. CALLAN,
v,
CIVIL ACTION - LAW
JEFFREY L. CALLAN,
Defendant'
: NO, 03-147
: IN DIVORCE
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for ent of a
divorce decree:
I, Ground for divorce:
Irretrievable breakdown under g3301(c)
3301(<1)(1) ohile Divoree Code,
(Strike out inapplicable section),
2, Date and manner of service of the Complaint: certified mail/restricted delivery on Ja uary
IS, 2003,
3. Complete either paragraph (a) or (b),
(a) Date of execution of the Affidavit of Consent required by g3301 (c) of the Di orce
Code: by Plaintiff: December 20, 2004 by Defendant: December 21,200
(b) (I) Date of execution of the affidavit required by g3301 (d) of the Divorce Cod:
(2) Date of filing and service of the plaintiffs affidavit upon the respondent:
4, Related claims pending: none
5, Complete either (a) or (b),
(a) Date and manner of service of the notice of intention to file Praecipe to Tran mit
record, a copy of which is attached:
(b) Date of plaintiffs Waiver of Notice in g3301 (c) Divorce was filed with the
Prothonotary: December 21, 2004
Date defendant's Waiver of Notice in g3301 (c) Divorce was filed with the
Prothonotary: December 22, 2004
--,
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~++~++;+;+++++ '+ +++++++++++++ +++.++++++++++++++++++++++.++++
IN THE COURT OF COMMON PLEA
OF CUMBERLAND COUNTY
STATE OF
PENNA,
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LORI L.
CALLAN,
Plaintiff
NO. 03-147 Civil Term
VERSUS
JEFFREY L.
CALLAN,
Defendant
DECREE IN
DIVORCE
~
2.-0-
2..<>"'1
AND NOW,
, IT IS ORDERE
Callan
Lori L.
DECREED THAT
, PLAINTIFF,
Jeffrey L.
Callan
AND
, DEFENDAN ,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
+. '+ +. +. + '" + +. +.
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'+' + + '+ '+ ++
AND
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA
YET BEEN ENTERED;
The
arties'
Se aration and Property Settlement Agreement dat d
December 20,
2004 is incorporated herein,
but not merged.
BY THE COURT:
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Of. 'f':t' '+
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+ +++++'f+++
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.:+. 'to: +. + ++ ++.+ +. +.:+. '+ '+ + ++
NOT
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