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HomeMy WebLinkAbout03-1530 JAMES I. MCDONALD, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C.l-/l'JO e,o~L ~~ CIVIL ACTION - LAW IN DIVORCE (JURY TRIAL DEMANDED) SANDRA L. MCDONALD, Defendant 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 of other rights important to you, including the 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 at the Office of the Prothonotary. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 JAMES I. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - IS3b (!/~tL ~n'l V. SANDRA L. MCDONALD, Defendant CIVIL ACTION - LAW IN DIVORCE (JURY TRIAL DEMANDED) COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, James I. McDonald, by and through his attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is James I. McDonald (SS# 166-58-6799), an adult individual, currently residing at 5232 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Sandra L. McDonald (SS# 206-48-0838), an adult individual, currently residing at 5232 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married November 2, 1991, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part thereof. 8. Defendant has committed adultery. 9. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree pursuant to Section 3301 (a)(2) of the Divorce Code. Count II - Eauitable Distribution 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as if set forth at length. 11. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III - SDousal SUDDort and/or A1imonv Pendent Lite and Permanent A1imonv 12. The allegations in Paragraph 1 through 11 are incorporated herein by reference and made a part hereof. 13. Plaintiff is unable to sustain himself during the course of this litigation. 14. Plaintiff lacks sufficient property to provide for his reasonable needs and is unable to sustain himself adequately through appropriate employment. 15. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite in his favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel Fees. EXDenses and Costs of Suit 16. The allegations of Paragraphs 1 through 15 are incorporated herein by reference and made a part hereof. 17. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 18. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 19. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which his attorney will be entitled in this case. 20. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Count V - CustodY. 21. The allegations of Paragraphs 1 through 20 are incorporated herein by reference and made a part hereof. 22. Plaintiff is seeking partial custody of the minor children: Jamie L. McDonald (DOB 09/06/95) and Tyler J. McDonald (DOB 10/11/98). The children were not born out of wedlock. The children are presently in the custody of both parties at 5232 Windsor Boulevard, Mechanicsburg, PA. During the past five years, the children have resided with the parties at 5232 Windsor Boulevard, Mechanicsburg, PA. 4. The relationship of the Plaintiff to the children is that of Father. 5. The relationship of the Defendant to the children is that of Mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the Plaintiff partial custody. WHEREFORE, Plaintiff requests the Court to grant him periods of partial custody of the minor children. Date: ~/02;:J I verify that the statements made herein 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. &=1.~cD~fVf4 Date: ~?; (:)~ ~'i~ fI) C' '- - ..t: OJ ~ ~ t ......... f -- W f' "-> f ~ :0 c56'o . O. Q 0 U1 o D C)' \ I F- 10 6-J ~ t~ "-t... ---<. r:::. ~ (") '-..' ~; u - ~ "'1.-: f-; J n I ii ~:'J -7.. ~:"'!'" ! {::': - (.. -< c:: l; ):; ,- -; (-::: ~:~ -..... 1<..1 n ":fj -', 9 ,:::J ~ --'i~ ~~1 ., . ~~>~ '-'-' JAMES I. MCDONALD, Plaintiff V. SANDRA L. MCDONALD, Defendant : IN THE COURT OF COMMON PL~AS OF : CUMBERLAND COUNTY, PENN~YLVANIA ! : NO. O~- i550 : CIVIL ACTION - LAW : IN DIVORCE (JURY TRIAL DEMAJNDED) AFFIDA VIT OF SERVICE I, Matthew Hunt, Private Investigator, hereby certify that I person411y served the Complaint for Divorce in the above-referenced matter to Sandra L. McD~ald, on ~J.J 3, ,2003, at approximately OJ tx) 4'ClOCk f2--.m. /)ll~f t:r Date:W Matthew Hunt o ~, -06 n.!, ' i~ ~~:: .-, :::::, t . ~;2 z -;j -, c .......~: -1/ ::~ eli r....) \0 ~:~l ~:;:J -< JAMES I. MCDONALD, Plaintiff V. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1530 CIVIL TERM SANDRA L. MCDONALD, Defendant CIVIL ACTION - LAW IN DIVORCE (JURY TRIAL DEMANDED) 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 of other rights important to you, including the 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 at the Office of the Prothonotary. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 JAMES I. MCDONALD, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1530 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE (JURY TRIAL DEMANDED) SANDRA L. MCDONALD, Defendant AMENDED COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, James I. McDonald, by and through his attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is James I. McDonald (SS# 166-58-6799), an adult individual, currently residing at 5232 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Sandra L. McDonald (SS# 206-48-0838), an adult individual, currently residing at 5232 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married November 2, 1991, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I. Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part thereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301 (c) of the Divorce Code. In the alternative, Defendant has committed adultery. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree pursuant to Section 3301 (a)(2) of the Divorce Code. Count II. Eauitable Distribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III - SDousal SUDDort and/or Allmonv Pendent Lite and Permanent Alimonv 13. The allegations in Paragraph 1 through 12 are incorporated herein by reference and made a part hereof. 14. Plaintiff is unable to sustain himself during the course of this litigation. 15. Plaintiff lacks sufficient property to provide for his reasonable needs and is unable to sustain himself adequately through appropriate employment. 16. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony oendente lite in his favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel Fees. EXDenses and Costs of Suit 17. The allegations of Paragraphs 1 through 16 are incorporated herein by reference and made a part hereof. 18. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 19. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 20. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which his attorney will be entitled in this case. 21. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Count V - Custody. 22. The allegations of Paragraphs 1 through 21 are incorporated herein by reference and made a part hereof. 23. Plaintiff is seeking partial custody of the minor children: Jamie L. McDonald (DOB 09/06/95) and Tyler J. McDonald (DOB 10/11/98). The children were not born out of wedlock. The children are presently in the custody of both parties at 5232 Windsor Boulevard, Mechanicsburg, PA. During the past five years, the children have resided with the parties at 5232 Windsor Boulevard, Mechanicsburg, PA. 24. The relationship of the Plaintiff to the children is that of Father. 25. The relationship of the Defendant to the children is that of Mother. 26. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 27. The best interest and permanent welfare of the children will be served by granting the Plaintiff partial custody. WHEREFORE, Plaintiff requests the Court to grant him periods of partial custody of the minor children. RESPECTFULLY SUBMITTED, rb1J~lWI Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 Date:~ I verify that the statements made herein 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. {).. Jk..j 1flc fL4/ V James I. McDonald Date: '1/15 jrI3 () ~;: "'-- -..-.-. ,..;'--~;' ;/;' -:,:. ' . .c., C'r ,e, :~~ if(:~, ~ ~~i --: .f-- C", .....-, ..; ,J '''-, '.. "' ~.0 -~ JAMES 1. McDONALD, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 03-1530 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE (JURY TRIAL DEMANDED) SANDRA L. McDONALD, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel of record on behalf of Defendant, Sandra L. McDonald, in the above-captioned action. Respectfully submitted, REAGER & ADLER, PC ~/ ~ "V "2- Date: / By: -~ (") c s: -on' CPO, "-J e.3S:' -<./ ~c ~c- );C' C 7 ~ :-;:~.."J -<: (7, ,> t;.? ...-..... ::.-;! S:J -< :::::> .~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of May, 2005, by and between Sandra L McDonald (hereinafter WIFE) and James L McDonald, (hereinafter HUSBAND); WIT N E SSE T H: WHEREAS, the parties hereto were married on November 2, 1991, III Camp Hill, Cumberland County, Pennsylvania; and separated on April 16, 2003; and WHEREAS, the parties have two (2) children of this marriage: Jamie L McDonald, born September 6, 1995 and Tyler J. McDonald, born October I I, 1998; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counseL WIFE is represented by Joanne Harrison Clough, Esquire, HUSBAND is represented by Charles Rector, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure oftheir respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to. 3301(c) of the Divorce Code, A divorce action was filed by HUSBAND with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No, 2003-1530 on April 16, 2003. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties, The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree, This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The date of execution and execution date of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, 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, 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the pennsylvania Divorce Code of 1980, and amendments except as described herein, Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective Page 2 whether such claims arise by way of widows or widowers rights, family exemption, or under the intestate laws, or the right to take against the spouses will, 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 estate, whether arising under the laws of Pennsylvania, any state, Conunonwealth, or territory of the United States, or any other country, Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy ofthe financial disclosure ofthe other as an inducement to the execution of this Agreement, Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently 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 right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the tenns adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEP ARA TION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other, Page 3 7. REAL PROPERTY. The parties were the joint owners of real property located at 5232 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055, In consideration of the mutual promises contained in this Agreement, HUSBAND and WIFE agree that the fair market value of the marital residence is $136,000.00, The parties further acknowledge that the outstanding balance due on the mortgage, at the time WIFE refinanced the loan on the property to her sole name, was approximately $90,000.00 and that the equity subject to equitable distribution is approximately $46,000.00. The parties further acknowledge that WIFE tendered to HUSBAND the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000,00), and HUSBAND agreed to transfer any and all right, title and interest he had in said real property to WIFE. WIFE agrees to indemnifY HUSBAND and hold him hannless on any liability on said mortgage, taxes or other expenses for said property. WIFE refinanced the debt on said property removing HUSBAND as an obligor, and HUSBAND executed a Deed transferring his interest in said property to WIFE, HUSBAND acknowledges that he received a payment of TWENTY-FOUR THOUSAND DOLLARS ($24,000,00) from WIFE for his share of the equity in the house and other marital assets as set forth in Paragraph 14 of this Agreement. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND and WIFE agree to each payoff\!' of the current balance of the BELCO credit card account. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnifY and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemniJ:Y and save HUSBAND harmless from any and all claims or demands Page 4 made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. HUSBAND shall be solely responsible for the balance due on the GM credit card which includes his attorney's fees and attorney retainer fee. 9. RETIREMENT BENEFITS. HUSBAND is the owner of a 401(k) and/or other retirement benefits through his employment. WIFE is the owner of a 401 (k) and/or otherretirement benefits through her current and past employment. HUSBAND and WIFE specifically agree to equally divide the marital portion of each spouse's retirement. Said equalization of retirement benefits shall be effectual by Qualified Domestic Relations Order with a roll-over from WIFE'S 401(k)to HUSBAND'S 401(k) an amount necessary to equalize the distribution of the marital portion of said retirements. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits otherwise disclosed. WIFE hereby waives her right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre- marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK AND FINANCIAL ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release hislher right, title and interest in the other party's respective accounts. Page 5 1. Children's Accounts The parties specifically acknowledge that the monies they have in the Solomon Smith Barney account number 724-65149-18 , with a current balance of approximately $16,026.05, are funds to be maintained for the children's college educations and are not marital funds subject to equitable distribution. The parties agree to remain as joint custodians (or joint account holders) and to maintain this account for this specific purpose. 2. Solomon Smith Barnev Accounts The parties acknowledge that the $2,000.00 contributions since inception deposited at Smith Barney into Sandra MacDonald's IRA is now part of the SmithBamey account number 724-65149-13 with a December, 2003 balance of $16,026.05. The parties also have an account number 724-65146-11 with a current balance of approximately $21,394.67. The parties agree that the 724-65146-11 account should be divided equally as follows: a. HUSBAND shall receive $10,697.33 from account number 724- 65146-11 via a rollover to a new account in HUSBAND'S sole name; b. WIFE shall retain the remaining balance in account number 724- 65146-11 in her sole name as her separate property. 11. LIFE INSURANCE. HUSBAND maintains a term life insurance policy through his employment. WIFE maintains a whole life insurance policy through American Express IDS Life Insurance with a cash surrender value of approximately $1,985.42. Except as provided in this Agreement, HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND . WIFE agrees to transfer to HUSBAND the sum of one-half (1/2) of the current cash value as part of the cash payment set forth in Paragraph 14 of this Agreement. Page 6 12 PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. VEHICLES. The parties own a 1998 Dodge Caravan. Said vehicle is not encumbered by a loan. The current fair market value of said van is approximately $4,000.00. HUSBAND shall receive one-half (1/2) of the value of said vehicle as part of his 50/50 share of equitable distribution as set forth in Paragraph 14 here below. 14. 50/50 EQUITABLE DISTRIBUTION AND CASH PAYMENT. Except as otherwise agreed in paragraph 9 and 10, HUSBAND and WIFE acknowledge that they intend to effect a 50/50 distribution of marital assets and that this Agreement effects a 50/50 distribution of assets as follows: Marital residence equity: Van value: Wife's IDS cash surrender value: TOTAL: One-half due each party: WIFE'S IN-KIND DISTRIBUTION House equity: $45,881.77 IDS: $ 1,985.00 $45,881.77 $ 4,000.00 $ 1.985.42 $51,867.19 $25,933.60 HUSBAND'S IN-KIND DISTRIBUTION Cash payment from Wife from refmancing: Additional cash payment from wife at time of of siguing of Marital Settlement Agreement $24,<XXl.<Xl $1,93359 Van: $ 4.000.00 $51,867.19 _ $24.000.00 (less WIFE'S cash payment to HUSBAND from refmancing) $27,86719 Page 7 $25.933.60 (one-half distribution of assets due WIFE) $ 1,933.59 (additional cash payment WIFE to tender to HUSBAND) WIFE shall tender an additional cash payment to HUSBAND in the amount of$1,933.60 at the time of the execution of this Agreement. Said payment from WIFE to HUSBAND shall be a non- taxable equitable distribution payment and shall neither be deductable by WIFE nor includable in HUSBAND's income for the tax year in which it is received. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement Page 8 constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. I. Health Insurance Coverage for WIFE WIFE has secured health insurance coverage for herself. 17. CUSTODY. The parties agree to share physical and legal custody of the minor children, Jamie L. McDonald, born September 6, 1995 and Tyler J. McDonald, born October 11, 1998. I. Physical Custody. The parties agree to share physical custody of the children as equally as practicable. The parties specifically agree that Jamie shall remain enrolled in the West Shore School District and that both Jamie and Tyler will use their mother's address as their home address for school registration purposes. The parties further agree to evenly divide the children's physical custodial time with each parent. In the event that the parties cannot agree on a physical custody schedule, then they shall exercise physical custody of the children on a week- on/week-off basis and exchange the children on Fridays after school or work. 2. Legal Custodv The parties agree to have shared legal custody of the children. They further agree that each parent shall have the right to participate in all major parenting decisions affecting the health, education, safety and well-being of the children. 18. CHILD SUPPORT AND CHILD EXPENSES. The parties specifically agree to evenly divide and pay all daycare expenses for the children. The parties also agree that HUSBAND shall continue to maintain health insurance coverage for the parties' children. WIFE agrees to reimburse HUSBAND for one-half(1/2) of the difference in HUSBAND'S out-of-pocket cost of insurance coverage for HUSBAND individually versus HUSBAND's out-of-pocket cost for HUSBAND and the children. Both parties agree to equally contribute to the children's clothing, school, medica~ dental and other expenses. Page 9 19. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 20. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, ifapplicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 21. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. Page 10 22. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 23. VOID CLAUSES. 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. 24. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~'.~ '-.}Yitness ~A1J ~~.~ ~d DRA ~McDONALD ~ /J 1h ?4L . ~ -...0 '1' ~S I. McDONALD Page 11 . COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the --Lt +~ day of mWJ ' 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, theGmdesigned officer, personally appeared SANDRA L . McDONALD, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. '(r-' IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. IAL SEAL PMI S. RUDY. NoIIIy PubIc .. E8It PtlHllaRl ~~id ColrltI My CanIIIIIIIon Aug. 14. ZOOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF C{.(('f\ bee laYld On the:;ti<'" day of ~ ,2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, he undeSigned officer, personally appeared JAMES I. McDONALD, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. : SS. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. \ N01ARIACSEAl:::l TAMMY S. FAUST, Notary Public \ lowe~ Allen Twp., Cumberland County \ My c~~~~sion Expire~.J.~iy~, 2006 Page 12 JAMES I. MCDONALD, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1530 CIVIL TERM SANDRA L. MCDONALD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April~G 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. i understand that I wi!! not be divorced untli 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 herein 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. f2 -I!1ht (U/J 4 i't/~ /James I. McDonald ...., <7;:.1 ,.:...., ~, () -n J",' C'--', ,,-' (.'1 U'J JAMES I. MCDONALD, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1530 CIVIL TERM SANDRA L. MCDONALD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 16, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. ! 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 fiied with the Prothonotary. I verify that the statements made herein 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 aut orities. Date:L1!rr!o5 "" .....:;::; r' ,~':) ~';), .;:..11 . 1'-.) C\ r'-,) (): t}": V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1530 CIVIL TERM JAMES I. MCDONALD, Plaintiff SANDRA L. MCDONALD, Defendant CIVIL ACTION - LAW IN DIVORCE 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 a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Affidavit of Service of personal service to Defendant filed April 8, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 04/28/05, by the Defendant 05/17/05. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in 9 3301 (c) Divorce was filed with the Prothonotary OS/26/05. Date Defendant's Waiver of Notice in 9 3301 (c) was filed with the Prothonotary OS/26/05. l)rY)AJ~J>>/ Charles Rector, Esquire Attorney for the Plaintiff Date: OS/27/05 ~, ,::;-,;J. C) ~:.~I:~ -T-j -:j i,,) -"1 p.J Ul . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. James I. McDonald No. 03-1530 VERSUS ~~nnr~ L McDonald DECREE IN DIVORCE AND NOW, .:J l.vv-4- ( ~/:o7f','Y). JoD5', IT IS ORDERED AND DECREED THAT ,Trlmp~ T Mrnnn:::i1n , PLAINTIFF, AND c::.;:annrrl T Mrnnn;:a1n , 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;N/A The parties Property Settlement Agreement dated May 17, 2005, is attached hereto and incorporated into this Decree for enforcement purposes only pursuant to Section 3105 of the Pennsylvania Divorce Code. ~"'''''''~~ 8 ATT"T~ ( J. PROTHONOTARY . :t' :+.:+: 'f' . :+::+. Of. Of. :f.'f. :f.'f. . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~~ ~~ y;. ('.? ~~.%~k/ ~'rw so c'<? ., . . t..... - l ..,. "'" .. ,~