HomeMy WebLinkAbout00-06510
. .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
'"<-,
. .
~~ ~ ~ ~ ~ ~ ~ ~
.
.. .
;t;;F. '" '"
.. .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
ANDREA E. McCONNELL.
Plaintiff
No. 00 6510 CTVTT, 'l'ERM
VERSUS
CRAIG C. McCONNELL.
Dp:fp:nnrtnr
DECREE IN
DIVORCE
AND NOW,
1a-dj
, Zt:Jol , iT is ORDERED AND
IR
DECREED THAT
ANDREA E. McCONNELL
, PLAiNTiFF,
AND
CRAIG C. McCONNELL
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOL.L.OWiNG CLAIMS WHICH HAVE
BEEN RAISED OF RECORD iN THIS ACTION FOR WHiCH A FINAL ORDER HAS NOT .
YET BEEN ENTERED; NONE.
The provisions of the parties' Marital Settlement Agreement.
dated January 12, 2001, are incorporated herein, but not merged
with this Decree in Divorce.
.
..
. ..
By THE COURT:;1 J
~~
~R OTHONOTARY
.
.
.
fF. '" '" :Ii '"
. .
.. .
fF. fF. fF. if. if. iF. fF.;F.if. if.
.' ,,,-~, .
. .
~ .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
J.
.
.
.
.
.
.
.
.
.
,
. ....k'..', .
=,=~
.~" . I 'v "!.,,~ '-:",,.
Jilil-o/ M.~ /n~ ~ 4 .6~~.-
I c1iOI '1/~ 111;;;.v ziJ' ~"
.
_~~ .. ~. .~, "":"I'~'O;~ ,='" -
" ~'l~'_
._C' ..,~r-,".,,~t~~~!j.~ ,"",_,,,,_, .'_~_'
'; ",..!
"...
.' .
'" '. i' --~,_,~ ..".' .1 ;<_, ' ._ '.d'--'
" .J..._ .__~ '.- _.;_", --;,.-" ,,,',
AGREEMENT
BETWEEN
,-::_~ c':;'_' ,'j,,;;':., . ~ "",.;,;,'
ANDREA E. McCONNELL
AND
CRAIG C. McCONNELL
Cara A. Boyanowski, Esquire
Counsel for Wife
Craig C. McConnell, Husband
Pro Se
,:",,:---~, ~jf~':;";''-:.-,,,
{ '"
_ ~_ .,<ji,~,:;
I
I
!
!
I
!
I
I
I
I
. ~ - ., .. ,'. ',. ",' c. _ "
-~ '., '.
" ,,- '~--"-
,-'.,,-.-,
TABLE OF CONTENTS
SECTION I:
Introduction
SECTION II:
General Provisions
SflCTION III:
Alimony and Alimony Pendente Lite Provisions
SECTION IV:
Child Custody, Child Support, and Health Insurance
Provisions
SECTION V:
Property Distribution provisions
SECTION VI: ',':; "
Closing Provisltlns and Blf@Wtion
.,..,,-',,;"'~
"-><.-"-""",-'.
'~" ';':'+~:~ -,~, ~. '- "
, ; "<,~
"
(' t;:-
3
4
10
10
12
16
'"" ",'~ "".:c,'- ,,', '"'~.<~, F;"';' "."0', ,-.',',,,,," ,b~F,""'<'" ',,_'~., -C;o '0_' ,,", _ n~'-'"o
, _"i " 0 _'" ~,. __,'
"',-.
,- _>-,i;;'"",,: :;,'-".~,~
';:,~~ 'c"'lL
..
.
SECTION I
INTRODUCTION
TillS AGREEMENT made this l~,jt\ day of ~"D[)ll(}~ ~} by and
between ANDREA E. McCONNELL ("Wife") and CRAIG C. McCONN L ("Husband").
WITNESSETH:
WHEREAS, Andrea E. McConnell, Social Security Number 172-58-1705, was born on
October 5, 1965, and currently resides at 3822 Carriage House Drive, Camp Hill, Cumberland
County, Pennsylvania 17011.
WImREAS, Craig C. McConnell, Sw:ial Security Number 201-54-0748, was born on May
14, 1965, and currently resides at 3822 Carriage House Drive, Camp Hill, Cumberland County,
Pennsylvania 17011.
WHEREAS, the parties hereto are Husband and Wife, having been married on April 28,
1990, in New Castle, Lawrence County, Pennsylvania.
WImREAS, the parties are the parents of two minor children, namely, Madeline McConnell,
born May 19, 1997, and Cara McConnell, born April 19, 1999.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties, and it is the intention of Wife and Husband 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, the settling
of all matters between them relating to the ownership of real and personal property, the equitable
distribution of such property; the settling of all matters between them relating to the past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the
settling of any and all claims and possible claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration ofthe mutual promises, set forth herein and for other
good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree
as follows:
-,,-,"
.-~-
~. .
',--.'"",.,-.-,
~ "
",~''''., --:; "",,(,
:; ~o',_'
T
"
SECTION II
GENERAL PROVISIONS
1. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
Section 3301 (c) ofthe Divorce Code of 1980, as amended and will execute the documents necessary
to effectuate a divorce under those provisions concurrently with the execution of this Agreement.
2. 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.
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE
DECREE
The provisions of this Agreement may be incorporated by reference but shall not be deemed
merged into any judgment or decree for divorce obtained by either party. This agreement shall
survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend
that all obligations contained herein shall retain their contractual nature in any enforcement
proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement
action filed to the divorce complaint.
4. DATE OF EXECUTION
The "date of execution" or "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
._c___,,"'('_"
,
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Cara A. Boyanowski, Esquire. Husband acknowledges that he has the right to legal
counsel, but after acknowledgment of same has decided to sign this Agreement without the advice
or assistance of a lawyer. The parties acknowledge that they fully understand the facts and have been
fully informed as to their legal rights and obligations, and they acknowledge and accept that this
Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge and that 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.
6. TAX PROVISIONS
The parties believe and agree, and have been so advised by their respective attorneys, that the
division of property heretofore made by this Agreement is a non-taxable division of property between
co-owners rather than a taxable sale or excha1ige of such property. Each party promises notto take
any position with respect to the adjusted basis of the property assigned to him or her or with respect
to any other issue which is inconsistent with the position set forth in the preceding sentence on his
or her federal or state income tax returns.
The parties have heretofore filed joint federal and state tax 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 of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection 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.
7. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall
be free from any contact, restraint, interference or authority, 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 molest, harass, disturb, or malign each other or the
respective families of each other nor compel or attempt to compel the other to cohabit or dwell by
any means whatsoever with him or her.
5
H",-,-"
, -,-. -.; ->~-
->.',"- -. ~--- -
,,~ ,
,.-',-'--',
-"',.-',, ',~, h
-- '.-o'-~,"----i:;'~- ~"
, ~:;,~--,
,
8. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
A. Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have or at any time hereafter have for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as under any other law of any other jurisdiction, except and only except all
rights, agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the
other not expressly set forth herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, admini~trlltions, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship ofthe
parties or otherwise, whether now existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts, contracts, engagements or
liabilities or the other or by way of dower, curtesy, widow'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 testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state,
commonwealth or territory or the United States, or any other country. It is expressly understood,
however, that neither the provisions of this release nor the subsequent entry ofa divorce decree are
intended to defeat the right of either party to receive any insurance proceeds at the death of the other
of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuary portion of the other's estate under his or her will, or to act as personal representative or
executor if so named by the will of the other, whether such will was executed prior or subsequent to
this Agreement.
C. Except for fu"lY cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as are
expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or demands
whatsoever, in law or in equity, which either party ever had or now has against the other.
6
. .
"
. < ,- .'''-''~~ ,., '" --' ., .
'"~- ~. r
"-
'. ",_-',. .' i.--.- -~ '
- "'"""-""~ --,',,",~.,~.'
. -,"'-' "~'"it:;
9. FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each other's
income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is
aware of his or her right to seek discovery including, but not limited to, written interrogatories,
motions for production of documents, depositions and all other means of discovery permitted under
the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is
necessary for the execution of this Agreement.
10. PRESERVATION OF RECORDS
Each party will keep and preserve for a period offour (4) years from the date of their divorce
decree all financial records relating to the marital estate, and each party will allow the other party
access to those records in the event of tax audits.
11. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
12. REMEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the
provisions ofthis Agreement subsequent to the date of execution of this Agreement, regardless of
whether litigation is instituted. In the event of default of any of the provisions of this Agreement by
one of the parties, the remedies available to the other are cumulative and include all remedies at law
and in equity, including those for breach of contract, under theories or equity, under the Domestic
Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies
specifically referred to in this Agreement.
13. LAW OF PENNSYL VANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
7
u
.Ll
."
,,--~-=
-' -'" -""'''~
~, '"w.<,' ',_ ','
'-"i;_,~"", _,_ ._
~ 1
Pennsylvania.
14. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns"
15. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them. There are no representations or warranties other
than those expressly set forth herein.
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most
after demand thereof) execute any and all written instruments, assigmnents, releases, satisfactions,
deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of
this Agreement.
17. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to
enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver
of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any
provision heroofbe construed as a waiver of strict performance of any other obligations herein.
18. SE'VERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be deemed
to be a separate and independent covenant and agreement. 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
8
.,' ~" ,.
_;__c__, _
_c _^'''''~'_;..._ ,. ~~,; ~ .}",-~,.(___.
'o--,G" .', d.. --~, "-'-.~
., -,,~':'L;'<,",;' "
. ,,~-', ,:~
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 her or his obligations under anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
19. MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return
receipt requested, to Andrea E. McConnell, 3822 Carriage House Drive, Camp Hill, Pennsylvania,
17011, or counsel for Andrea E. McConnell, or such other address as Wife from time to time may
designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified mail,
return receipt requested, to Craig C. McConnell, 3822 Carriage House Drive, Camp Hill,
Pennsylvania, 17011, or counsel for Craig C. McConnell, or such other address as Husband from time
to time may designate in writing.
20. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part ofthis Agreement nor shall
they affect its meaning, construction or effect.
21. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as
husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect
and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing,
signed by both parties, execute a statement declaring this Agreement or any term of this Agreement
to be null and void.
9
SECTION ill
ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS
1. ALIMONY
The parties acknowledge and agree that the provisions of this Agreement providing for
equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted
by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either
may now or hereafter have against the other for support, maintenance, alimony pendente lite or
alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to
seek from the other payment for support, maintenance, alimony pendente lite or alimony.
SECTION IV
CHILD CUSTODY, CHILD SUPPORT, AND
HEALTH INSURANCE PROVISIONS
1. LEGAL CUSTODY
The parties agree that legal custody of their children, Madeline McConnell and Cara
McConnell, shall be shared equally between them to assure neither parent shall be foreclosed in
participating in all decisions affecting the maintenance, support, education, health, safety and welfare
of the children during their minority.
In addition to any provisions which may be contained herein regarding custody, both parties
shall have the following rights with respect to the children: reasonable telephone calling privileges;
access to report cards and other relevant information concerning the progress of the children in
school; approval of extraordinary medical and/or dental treatment provided that such approval shall
not be unreasonably withheld.
2. PHYSICAL CUSTODY
A. Maiority Physical Custody - The parties agree that Wife shall have majority physical
10
-'
custody of the parties' minor children, Madeline McConnell and Cara McConnelL
B. Partial Physical Custody - Husband shall have liberal periods of partial physical
custody of the parties' minor children, Madeline McConnell and Cara McConnell. Specifically, it is
agreed between the parties that Husband shall continue to watch the children two (2) days per week
The parties further agree to equally share all major and minor holidays, summer vacation
months, and birthdays. The specifics of this schedule shall be at the discretion of the parties.
3. CHILD SUPPORT
Husband agrees to pay to Wife, no less than, the sum of Three Hundred ($300.00) Dollars
bi-weekly as child support. Husband agrees to continue depositing his entire pay check into the
parties' joint checking account for this purpose. In the event Husband receives a raise, bonus, or
other monetary increase, Husband agrees to pay one-third of such to Wife as child support.
In addition to the basic duty of support as provided under the Pennsylvania Rules of Civil
Procedure, Husband agrees to pay one-half of the children's child care expenses and school expenses.
The provisions of this Paragraph are subject to review and modification by the Domestic
Relations Office of Cumberland County upon petition of either party.
4. INCOME TAX DEDUCTION
The parties agree that Wife shall be entitled to claim the parties' minor children as dependents
on all of her income tax returns.
5. HEALTHINSlJRANCE
Wife shall provide health insurance for the parties' children, at the present levels and providing
substantially the same benefits as are now in effect, for so long as the children are eligible to receive
coverage under her present health care plan. In the event Wife's health insurance shall cease, for any
reason, Husband agrees to provide health insurance for the parties' children.
11
_ ' 0'-" ~. -, 'd-__
__"-<,i, .;-,0"-- _',,_,_'_-
\'..;q-\--'""~-:,, '"''', '--"~h
6. COLLEGE EXPENSES
Both parties agree to financially support their children in the event they desire to enroll in a
curriculum of higher education. After the parties have taken full advantage of all stlldent loans and
student financial aid programs, said expenses shall be paid 50% by Husband and 50% by Wife. The
amollnt of support for all college tuition and expenses shall be based upon the yearly expenses
incurred by a student attending the Pennsylvania State University with a full-time student status. It
is understood by both parties that the above expenses will be paid in the manner set forth above, as
long as, the enrolled child is a student in good academic standing.
7. LIFE INSURANCEIDEATH BENEFITS
Husband shall obtain and maintain, at his sole expense, insurance on his life, or death benefits
payable through a retirement plan or similar investment account, which shall pay, upon husband's
death, a benefit of no less than $350,000.00, for so long as Husband is obligated to make any
payments to Wife in the form of child support or for the educational benefit of the parties' children
in accordance with this agreement. For so long as Husband has obligations under this agreement,
Husband shall designate Madeline McConnell and Cara McConnell, equally, as the beneficiaries of
such benefits. Husband shall not borrow against, assign, or pledge, such policy of insurance,
retirement account, or other financial investment or otherwise take any action which will diminish or
reduce the benefits to be paid upon his death, unless receiving written permission from Wife, and will
pay all premiums, charges, and assessments necessary to keep such benefits in full force and effect
until his death. Further, Husband shall provide to Wife, at least annually, proof that such benefits are
in place in accordance with the tenns of this paragraph.
SECTION V
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all ofthe property in the possession of Husband, shall be the sole and
12
.
,,-t____,,
"-,-'-',,',"
"',,- , "-, 'L'" ~,,-.' ,----
,~,".,;.;-~' '.-";;'-,-,,'-
- :-.~ .. "-,, ',,': . -.- '0>
separate property of Husband; and Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. BANK ACCOUNTS
Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that
these accounts shall be the sole and separate property of the person in whose name they are titled and
each party waives any right, title or interest they may have in the other parties' account.
3. RETIREMENT BENEFITS
Husband and Wife are the owners of individual retirement/pension accounts through their
employers. Husband and Wife agree that these accounts shall be the sole and separate property of the
person in whose name they are titled and each party waives any right, title or interest they may have
in the other parties' account.
Husband also has two Employee Stock Purchase Plans through his employer, Home Depot,
U.S.A, Inc. Husband and Wife agree that these accounts shall be the sole and separate property of
Husband and Wife waives any right, title, or interest she may have in these accounts.
Husband is also the owner of an Individual Retirement Account (IRA). Husband and Wife
agree that this account shall be the sole and separate property of Husband and Wife waives any right,
title, or interest she may have in this account.
4. AUTOMOBILES
The parties are the owners of various automobiles. Husband and Wife agree that the leased
1999 VW Passat Station wagon in Wife's possession shall be the sole and separate property of Wife,
and Husband waives any right, title, or interest he may have in this vehicle. Wife agrees to be solely
responsible for all costs and expenses related to the vehicle she leases, including but not limited to
insurance, maintenance, gasoline, and lease payments, and she will indemnify and hold Husband
harmless from any obligation relating to her vehicle.
Husband and Wife agree that the 1997 Nissan Altima in Husband's possession shall be the
sole and separate property of Husband, and Wife waives any right, title, or interest she may have in
13
,~' '-'-<>', ~
this vehicle. Wife agrees to satisfy the monthly payment on this vehicle for so long as Husband is
current in his child support obligations. If Husband becomes delinquent in his child support
obligation, or modifies the terms of the parties' child support agreement in any way, Husband shall
become solely responsible for all costs and expenses related to this vehicle, and he will indemnity and
hold Wife harmless from any obligation relating to this vehicle.
5. CURRENT LIABILITIES
Wife and Husband represent that they have taken all steps necessary to make sure that no
credit cards or similar accounts exist as of the date of execution of this Agreement which provide for
joint liability. From the date of execution of this Agreement, each party shall use only those credit
cards and accounts for which that party is individually liable.
Wife agrees to be solely responsible for satisfYing all payments on the parties' joint mortgage,
theCitibank Platinum Select Visa credit card, the Mellon Bank MasterCard credit card, and her
student loan. By accepting sole responsibility of these debts, Wife shall keep Husband and his
property, successors, assigns, heirs, executors and administrators indemnified and held harmless from
anyliability, costs or expenses, including attorney's fees, which may be incurred in connection with
the above listed liabilities.
In addition, Wife agrees to satisfy the monthly payments on the joint PNC Bank loan for so
long as Husband is current in his child support obligations. If Husband becomes delinquent in his
child support obligation, or modifies the terms ofthe parties' child support agreement in any way,
Husband shall become solely responsible for satisfying the monthly payment on this loan, and he will
indemoify and hold Wife harmless from any obligation relating to this loan.
6. WAIVER OF PAYMENT OF LEGAL FEES
Each party hereby agrees to be responsible for any legal fees incurred on their behalf
7. AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired
by him or her after execution of this Agreement, with full power in him or her to dispose ofthe same
as fully and effectively, in all respects and for all purposes, as through he or she were unmarried.
14
8. TRANSFER OF REAL ESTATE
A. Marital Residence - The parties acknowledge that they are the owners, as tenants by
the entireties, of certain real property known as 3822 Carriage House, Camp Hill, Cumberland
County, Pennsylvania 17011 (hereinafter referred to as "Marital Residence"). The parties agree as
follows with respect to the Marital Residence:
(1) Simultaneously with the execution of this Agreement, Husband shall
execute all documents necessary, including a deed, to transfer all of his right, title and
interest in the Marital Residence to Wife, and shall deliver said documents to Wife's
counsel. Thereafter, Wife shall be the sole and separate owner of the Marital
Residence.
(2) Husband agrees that as of the date of execution of this Agreement,
any and all title policies and any other policy of insurance with respect to the Marital
Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees
that Wife shall be entitled to receive any payments now or hereafter due under any
such insurance policies.
(3) Except as otherwise provided herein, commencing on the execution
date of this Agreement, Wife shall be solely responsible for all costs, expenses and
liabilities associated with or attributable to the Marital Residence regardless of when
the same shall have been incurred including, but not limited to, mortgage, taxes,
insurance premiums and maintenance and Wife shall keep Husband and his property,
successors, assigns, heirs, executors and administrators indemnified and held harmless
from any liability, costs or expense, including attorney's fees, which may be incurred
in connection with such liabilities and expenses orresultingfromHusband's ownership
interest in said property.
15
, ..-
. ,., :';-":""""'"
. ~ .1..." '""
,~" ,,'--~
. <'''':,
.
SECTION VI
CLOSING PROVISIONS AND EXECUTION
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisionstbereofprior to si~ below.
IN WITNESS WHEREOF; intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below.
~GI7lc~
ANDREA E. McCONNELL
1-\2.-0\
DATE
CRAIG C.
\-\2-01
DATE
16
<..
~--",'~ - -'" ."'.- ,~ -"'- , .
. ",',.' "",,"i,.
-~~ "'"
,>- ~"'---
.
- ~"'- '" "
:'-'-",-'-~-'i.*l
<'"'.--
, ~'
,.,-.-
.
"'"'1
C) C-,
(~=
-rl , '" !
f1 -:1
" .
"
(- (T~
r .""~
: "
"
).;. ( " r_ ~,:j
(' .,
. y . ~-I
- 'J:;..
--.-, :,!.J'
-< {,;J -<
'"
,-,;'--'--' ,,'~- ~-".--- > -." ..~,'~ ---~-,.,-"-.., - -~.,-~-'--
. ~ '.- ;-.:. '
'--""_';,,;,:,h~~;-:-_;': - ,~'" -', -'~-Uii'
-- 'c'
ANDREA E. McCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-6510
CRAIG C. McCONNELL,
Defendant
: 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 divorce: irretrievable breakdown under ~330l(c) of the Divorce Code.
2. Date and manner of service of the complaint: A copy of the Divorce Complaint was
served upon Defendant by certified mail, restricted delivery, return receipt requested
on September 282000.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by ~3301(c) of
the Divorce Code: by Plaintiff: January 12, 2001; by Defendant: January 12, 2001.
(b )( 1 ) Date of execution of the affidavit required by ~330 1 (d) ofthe Divorce
Code: Nt A; (2) Date of filing and service of the Plaintifl's Affidavit upon the
respondent: NtA
,.,-,.,.,
.c i'
,'~. .'
'''''''':'-'';'..-, .
Ir
,
.~~\ ,,"
.
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
transmit record; a copy of which is attached: N/A
(b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: January 15, 2001.
Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with
the Prothonotary: January 15, 2001.
Respectfully submitted,
DALEY LAW OFFICES
ara A. Boyanowski, squire
Supreme Court I.D. No. 68736
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
~- ,-= "-
- "
_d_ ,~ "
f-'-'="
'cc" .,. __~o ,._.~ .,-,,"'_"'~_ :,-c,./~;'-,:-
o,;.~^
ANDREA E. McCONNELL,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
; NO. b-o - {, S'lb Cwi:l' I.A-v-
CRAIG C. McCONNELL,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VB 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 annuhnent 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, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania.
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 LA WYERAT ONCE. IF YOU DO NOT
HA VB ALA WYER 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
(717) 249-3166
. . ;~', ',', ="
- ~ w' ,'~"
.,~'"'-:'--'., .
, . >'0, v "C.',; ''--~ _w'o _";";.r.;:;:,>;>;,~,": ", ~'_--~-'-'::;;;',~
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion
do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SINO TIENEELDINERO SUFICIENTEDE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAlO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
,~. --
- ". :~'--<~"'-~- - -'Y' _'~"
~ "
,."'..-.
" " --",.'. --t '_',' ~ ,. ..-,'i '~,.;; - )'~;"-'
-.,',:; t
ANDREA E. McCONNELL,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. {}() _ (, SID ~ I.u.-.
CRAIG C. McCONNELL,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR SECTION 3301(d)
OF THE DIVORCE CODE
AND NOW comes the above Plaintifl; Andrea E. McConnell, by her attorney, Cara A.
Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon
the grounds hereinafter set forth:
1. The Plaintiff, Andrea E. McConnell, is an adult individual who resides at 3822
Carriage House Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant, Craig C. McConnell, is an adult individual with a mailing address of
3822 Carriage House Drive, Camp Hill, Cumberland County, pennsylvania 17011.
3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately prior to the filing of this Complaint.
4. The Plaintiffand Defendant were married on April 28, 1990, in New Castle, Lawrence
County, Pennsylvania.
5. The Plaintiff and Defendant are both citizens of the United States of America.
6. There have been no prior actions in divorce between the parties.
-
.".-
", .;,,"-_., - -~ >'~,,~ ._ . 'C."J,",' . ."
;', "
'"L i "'.
v'
~- -, .,' ,
..~'<-
7. The Plaintiff and Defendant are not members of the Armed Services of the United
States or any of its allies.
8. Plaintiff avers that there are two children of the parties under the age of18, namely,
Madeline McConnell, born May 19, 1997, and Cara McConnell, born April 19, 1999.
9. 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.
10. The causes of action and sections oIDivorce Code under which Plaintiffis proceeding
are:
A. Section 3301(c). The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an Affidavit.
B. Section 3301(d). The marriage of the parties is irretrievably broken.
The Plaintiff and Defendant separated on August 1, 2000.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from
the bonds of matrimony.
I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
By: ~ e <-o?('~
Andrea E. McConnell, Plaintiff .
Date: q -CJ() -cJcci::J
B
ara A. Boyanowski,
Attorney No. 68736
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
.~ ~" ~ . , ,,' " <,'.- " " ""-~--- , c" .,,~- '. 'C .. ','--,~~".- , " ;-, ,~ ...-" , , "'.' -.- -_'-"-~"-i,..,_',,dv .'
~l
-
.
ANDREA E. McCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-6510
CRAIG C. McCONNELL,
Defendant
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Craig C. McConnell, the Defendant in the above case, do hereby accept service of the true
and correct copy of the Complaint in Divorce, on September 28,2000.
CJ.
"lIlilIIili;
"-,- - ..,,--~,
~,~,.
lr-~- -
-,.. .,-'
" ,
11--'1-' . .,. ,.
',',J.,-,",;
.,.
<~ -
"'"~~.
. -' ,.~-'
"
",.",,-,
-
0 (:;::')
C'
~' ~} f__
6~ "-~"
;~
(/J C'\
r:: L
~1;7: r, .--,
,~ 1.-.'
, C'j
)> C': r:-
.'
-< (...-"1
.
., """ ~_ '.'~' . ,,--, 0 .~. _ _, . "'" ."=' ,
--"~., -. '":.&'
" ,'-,'~-" '," '",. "" _w'
, "--iii,
,
--
ANDREA Eo MeCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-6510
CRAIG C.. MeCONNELL.
Defendant
.
,
: IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under *3301(0) ofthe Divorce Code wu filed on September
26, 2000.
2. The marriage of Plaintiff and Defendant iS'irretrievably broken and ninety (90) day&
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 notice of intention
to request entry of the decree.
I verify that the statementS'made in thiS' Affidavit are true and correct. I understand that false
statementS' herein are made llUbject to the penalties- of 18 Pa.C.8-.A *,*904 relating to ul1S'Wom
falllifieation to authoritieS'.
Date: -1- \~ -0\
By: (t,~ 411C/~7
Andrea E. McConnell, Plaintiff
SociaISecurityNo. / 7.J -51Fi70S-
," .~ -',' :. - - '-- -~
_, -.r _.,,-~-' <.<0_"'-1" ;-:;,:<-:>' ,-
.~d
j
-
ANDREA E. McCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
.
.
: NO. 09-6510
CRAIG C. McCONNELL,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~330HC} 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 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 pena1ties of 18 Pa.C.s-.A. ~904 relating to unsworn
falsification to authorities.
Date: J - \ ;c,-O\
/1
By: (j/tllWA-'/J1c~
Andrea E. ~onnel1, Plaintiff
,~, --"
'.,,". ""
,: : ,~-~~ -
- d_'__'_ ~'" -'-
"'1
-
ANDREA Eo MeCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMB-ERLANDCOUNTY, PENNSYLVANIA
: CIVILACTION-LAW
v.
~
: NO. 000651&
CRAIG C. MeCONNELL,
Defeiltfant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~:BO 1 (c) oftheDivorceCodew$filed on September
26,2000.
2. The marriage of Plaintiff and Defendant i~ 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 after service of notice of intention
to request entry of the decree.
I verify that the statement~ made in thi~ Affidavit are true and correct. I understand that false
statement~ herein are made subject to the penaltie~ of 18 Pa.c.SA ~904 relating to un~wom
falsification to authorities.
Date: J- \~-Ol
By:
Social Security No.
00/ S4 o'l<-\e
..'-;, -",,,,-,,',,...,
., .
. ',''-; ~",~.q " -,,- '.,', - ,., .'.
",..-
"'1mllii!>",
.
,
ANDREA E. McCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAs
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
.
.
: NO. 00-6510
CRAIG C. McCONNELL,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~330Hc} 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 ooncerning alimony, divif>ion of property, lawyer's
fees or expellf>eS if I do not claim them before a divoree is granted.
3. I understand that I will not be divorced until a divoree deeree is entered by the Court
and that a copy of the decree will be sent to me immediately after it if> filed with the Prothonotary.
I verifY that the statements made in tmf> affidavit are true and correet. I understand that false
statements herein are made mbjeet to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsificatiO'n to' autb:O'ritiell.
Date: \-l~-Ol
By: