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HomeMy WebLinkAbout01-0246 FX . . . . t~, '! :f.ff. :Ii;t; .. . . . IN THE COURT OF COMMON PLEAS . . . . . AND NOW, OF CUMBERLAND COUNTY PENNA. . . . DECREED THAT No. 01-246 CTVTT, . . . . . AND DECREE IN DIVORCE M~~6 oA C. : 31 A.,t1. OtN>J , IT IS ORDERED AND . . . BARBARA JANE McDERMOTT , PLAINTIFF, DANIEL JAMES McDERMOTT , 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; . . MARRIAGE SETTLEMENT AGREEMENT INCORPORATED BUT NOT MERGED . . . . By . . . . . Am'T,'(PPh~ J. PROTHONOTARY . . . <, ,t--,I.~' '-'~""', --~ ":,,,,,,,--,,,_, 4' ,-, ,," _']'" - I''''''''' -~" '''''-j cC< , .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , -, -~" ,~"" "0.". <, '-r~ '"'~" ='~ ., ~,.~~--~,,~~ "~ l' ..,. ~ 'I j I " ;1 'I " >< ~-k~ ~~ ~~#P~ ~'~-rtJ , , I, \: ;1 ~I l?t1, --e:? f Cjl, ec: f" ~ ~- , .., ~,= ~UQ "", ~~ - [_~ "_",_~,._"...""""",'e,~~'~~r..,,,-~ ~~~1$l!~~. ,_,_~ _~~:',' .- , " BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CIVIL TERM DANIEL JAMES McDERMOTT, 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. Grounds for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By personal service on January 31, 2001. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff February 28,2002; by Defendant February 21,2002. 4. Related claims pending: All claims raised resolved in Marriage Settlement Agreement dated February 28, 2002. 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: March 6,2002. Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: March 6,2002. Date: .3/7/;)- ," ~ ,,~,~,~,,"__"'~"''''C'' ",,-~,~ _"._, . ", ,~,.rc I;' . 4' . . AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I. Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Praecipe to Transmit the Record in the above,captioned matter to the Defendant, Daniel James McDermott, on March 7, 2002 at: Diane Sommers Baker, Esq. P. O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 which satisfied the requirements of service by mail pursuant to Pac R.C.P. 403. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Austin F. Gr , Es Attorney for Plain . 24 North 32nd Stre Camp Hill, PA 17011 (717) 737-1956 ID #59020 Date3/r /,J- '~',~~ , ,",,"w ~__h_~._ , , "", , , , ,lIP'Q,I1!,~ ~--____r .' II!! -. <-" .-, u.. ~-"r ~--~ ,-.~~ ~"" '''o','J, Cl \'-' ~ Q ~::. -00 rnr~--" \\: :? f~~l /.(~ --;> :2 ~ , 'e::, .-- \"'<~ o -':\ .---\ -;;:~~S '--;;i"'(" :,~'\Q. ,;,}~~~?\ ;~ -17 '2 ;;:. .~.:." - - .)'\ 0"\ ~ll\l<\',.'i'~1ffli:;>'4'O"!'J!I~'0'''''l'!'m~iW~lj(fJn; jWffiJ~~~~,g[llllJl,-H~ ,~; ... , BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - ;J,.4b c'oi.L "r~ DANIEL JAMES McDERMOTT, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 LffiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 :"" '- , " ~, " ". .. -,- ~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/. ;2'-1(,. &ixJ r~ BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN DIVORCE COMPLAINT 1. The Plaintiff is Barbara Jane McDermott, Social Security number 179-38-3657, who currently resides at 111 Juniper Drive, Fairview Township, York County, Pennsylvania. 2. The Defendant is Daniel James McDermott, Social Security number 199-38-0332, who currently resides at 2 Longview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the ftling of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1996 at York County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections _"lI!liIIill,~ ., -1" " 1'-, , ~, I .... 3301(c) and 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since November 25,2000 and continue to do so. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EOUlTABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from October 10, 1996 until November 25, 2000, the date of their separation, which property is "marital property" . 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the fIling of this Complaint. ';,V~..,~~ ' " ",,- - -~, " , -~, .~ ~ ... ',> -~ VERIFICATION I, BARBARA J. McDERMOTT, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date / halo / ( . /;vhAa ~ /11~ It BARBARA J. cDERMOTT r~" " "',,' "_~''', '_"'7 0,' " .. ,- . WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property . Respectfully submitted, Date '/l<>\ ill Austin F. Grogan, sq ire 24 North 32nd Str et Camp Hill, P A 170 (717) 737-1956 Attorney for Plaintiff I.D. #59020 "1'~ , ,1-,' , ", v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01,246 CIVIL TERM BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN DIVORCE ORDER AND NOW, this.3d~day of UAIllUAd 2001, upon consideration of the Petition for Special Relief it is hereby Ordered that a hearing be scheduled for the 5ti day Of~IlI..U'IJ2001, in Courtroomf at 1/: d4.m. at the Cumberland County Court House, fi.~",,/ Carlisle, Pennsylvania. Judge - /'" J - 1:. dlA//9ttd E. b~"d~ Lt. UpI'e5 /YIa d fa j)l.-t3 j/n F (;"'JOJ) Oilm Do.n,'e i T. /lIlc.D-erlV\<>f,j.. j- '30-0 I ''JJl11! ~, __e,:'. 1, '" ~ -- I r '" ~ I '." ,.4__JJ.- ~~. ,~~i!!~ ..1f"!II\_MlII11_T~ "I .~---r-'''''~ .........~,~ -- ".~ . "-"0'>=' " ,-,~,-, '''''-0'''> "I ,-"-~~ '0 '"~.,,, ,A.,~, '0-'< < g C) 'I.::' -ll s:: "- "'OW :0- ----n ~LT1 :;;:: t:-:' z:5=' (.,,) "T! <.:;) '.1(:1 Si!~;, :~ 1 ~, :-~'~d !<O -C , )>C: - "7'-n ....,-.. ,";~5 20 :""';1 i::::;iTi )>C '...-"' ~ 1'0 ::r.~ f,-' ~ if1"",-,~',;l?l"!;~"~1li';>."'"'""O''C',';.1~'''~!~W!$''1~~~~~~",~~~:5_.~),! BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PA RULE OF CIVIL PROCEDURE 1920.43 IN THE FORM OF EXCLUSIVE POSSESSION OF THE NON-MARITAL HOME AND NOW, this .;t3ft day of January 2001, the Plaintiff, Barbara McDermott, by and through her Attorney, Austin F. Grogan, Esq., avers the following: 1. The Plaintiff is married to Daniel James McDermott; 2. The parties were married on October 10, 1996 in York County Pennsylvania; 3. The Plaintiff, Barbara McDermott, is fee simple owner of a home located at 111 Juniper Drive, Fairview Township, York County Pennsylvania, which was obtained prior to her marriage to the Defendant, Daniel James McDermott; 4. During the course of the marriage the parties resided in the Plaintiff, Barbara McDermott's home and maintained the home until the Defendant, Daniel James McDermott, voluntarily removed himself from the home on November 25, 2000; 5. The parties have a minor child who currently resides with the Plaintiff/Natural Mother; 6. The Father/Defendant is offered and exercises liberal partial custody with his son; 7. Following the separation the Defendant has threatened and intimidated the Plaintiff and her children, including her teenage daughter from a prior marriage; 8. The Plaintiff has insisted/demanded that the Defendant refrains from entering the home due to his threatening behavior; 9. On or about January 10, 2001 the undersigned Attorney filed a Notice of Defiant Trespass letter with the Fairview Township Police Department and served a copy on the 'F~ "1"-"~ ,." 'e_, Defendant, Daniel James McDermott, at 2 Longview Drive, Mechanicsburg, Pennsylvania. Copy attached as Exhibit A; 10. The Defendant has indicated that the home at 111 Juniper Drive is his home and that he cannot be barred from entering the home and that he will continue to enter the home at his convenience over the objection of the Plaintiff. The Defendant's action causes the Plaintiff to fear for her safety and the safety of the children; 11. On or about January 22, 2001 the Defendant entered the home when the Plaintiff was not present and indicated to the Plaintiff's children that the Mother/Plaintiff "was just getting too big for herself and she better watch out". This comment has caused the Plaintiff to fear for her safety and the Plaintiff is contemplating obtaining a Protection from Abuse based on passed abuse; 12. The Plaintiff desires to maintain a peaceful relationship with her husband as it relates to the partial custody, but fears for her safety and the safety of her children should he be permitted to enter her home over her opposition. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to Order the Defendant to refrain from entering the marital home. D>te 9'0 :/3 dfXJ/ g. Austin F. Grogan, Es 24 North 32nd Street Camp Hill, PA 17011 (717) 737,1956 Attorney for Plaintiff ID #59020 '<l?J,_~ . ." ~):. ^!'"' ' ~ .~ "" . c/budin & &'Y<JffW1' ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 ~r::::-.r-''''''.,... n , (r '1--'\\" i 01 \\/' ,. . I 1\ \ II '\ r \. ~-..., \ '."j; ,;=::; U: '..............-- -""":::e/ W . January 10, 2001 DanielJ. McDermott 2 Longview Drive Mechanicsburg. PA 17055 Re: Defiant Trespass Dear Mr. McDermott: . Please be advised this office represents Barbara McDermott in the legal dispute arising between you and your wife. As you know, Mrs. McDermott is the fee simple owner at 111 Juniper Drive, Camp Hill, PelU1Sylvania and that she owned and possessed that home prior to your marriage. It is my understanding that you vacated the home and have been returning to the home over the objection of Mrs. McDermott. Please be advised that you are no longer permitted to be on her property and you are no longer permitted to enter the home without Mrs. McDermott's permission. If you enter the home or trespass onto her property, you may be liable for criminal prosecution for defiant trespass. Furthermore, you are notified that any attempt to remove any property from the home will result in further action through either the civil court system or the criminal justice system. I understand that you and Mrs. McDermott have a child. She is hopeful that you will continue to have a relationship with your son and she is willing to_allow you to maintain partial custody of your son as the agreed upon schedule. Should you choose to exercise your custody with your son then you may pick up your son at the Juniper address with prior coordination. Mrs. McDermott will bring the child out of the house to you. When you return the child to Mrs. McDermott, she will meet you outside the house to regain custody. If you have any questions regarding this letter, please contact your attorney. AFG/rr Cc: Barbara McDermott Fairview Township Police Department Sincerely, ~ f1:L1J .. ~ Austin F. Gro&.liI1' E q. VERIFICATION I, BARBARA J. McDERMOTT, verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date fa <if/ ~ ~ cA... in. rua &;11 mulaT/ BARBARA J. McD OTT o,,~ I' ]-"'1' , ~ . . ."' BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01,246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 31ST day of January, 2001 at 2:59PM I, DAVID K. RUDY, served upon the Defendant, DANIEL JAMES McDERMOTT, the Divorce Complaint and the Petition for Special Relief Pursuant To Pa Rille of Civil Procedure 1920.43 in the form of Exclusive Possession of the Non,Marital Home in the above docketed case. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. "~,.~"" '1 " '''I,'. ,., BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE ORDER AND NOW, this I rtIJ day of /YJfl~ , 2001, upon consideration of the Petition for Special Relief it is hereby Ordered that a Hearing be scheduled for the II~ day oCLnI't'l 2001, in Courtroom 5 at 9:0tJ1f .m. at the Cumberland County Court House. Carlisle, Pennsylvania. By the Court, ""w~d GuMo,"'''' . f\~ t~ 0,0\ 6 Y J. ~) , ~r{ ~~"~1I1\l< ',0 ,. -, l~ , J.t:)" \jINV^1~SM'Hd AlNnOJ Ci\T>f'!tr18V'/no Ctl'9 "" -:1 . HV OZ1JV:.JIO ^t1Vl~jij;t~(]tn:j iL dO ~ ~ ~~._, ",_~...41~~ _~~~~il1il1!t\Wm'l!lffl ~ I' T". <-. ~ ". ="--~-,' , > ,~ ,-J'n-=""-~'M,''-'''-'' ". -^, 'c_",____ "--'Jf' "'-l~iffi'1j>'Hi;r"';~~"'fflilr'J'SiW?1{\i<'l'~~~~~l:!I!i~l!!!~lIjH~ BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01,246 CIVIL TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE TO: THE HONORABLE JUDGE EDWARD GUIDO MOTION FOR HEARING PURSUANT TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF DATED JANUARY 23. 2001 AND NOW, this /2'T1l day of March 2001 the Plaintiff, Barbara J. McDermott, by and through her Attorney, Austin F. Grogan, Esq., avers the following: 1. On or about January 23, 2001 the Plaintiff Petitioned the Court for exclusive possession of the marital home (a copy of Petition attached as Exhibit A); 2. On or about January 30, 2001 Judge Edward Guido scheduled a Hearing for the Petition for Special Relief for February 5,2001 at 11:00AM in Cumberland County Courthouse, Courtroom #5; 3. On or about February 2, 2001 counsel for the Defendant, Diane Sommers Baker, and the undersigned counsel exchanged ,communication outlining the agreement that the Defendant, Daniel J. McDermott, would refrain from entering the marital home and to schedule a time for the Defendant to pick up his personal belongings; 4. On or about February 12, 2001 the undersigned counsel confIrmed in writing to Defendant's counsel that he failed to appear on February 3, 2001 to pick up his items and furthermore, there was a confrontation between the parties on February 11, 2001, (copy of n.,'''' >',"_'__"<_"~,,._.,,,,, " ~ ," 1'1 '--:' .'1 correspondence attached as Exhibit B); 5. Plaintiff, by and through her Attorney made a follow up request for the Defendant to sign the Stipulation, at which point the Defendant, by and through his counsel, faxed a demand outlining three pages of property items that he wishes to remove before he will sign a Stipulation; 6. The original Stipulation allowed the Defendant to remove personal belongings on a date certain to avoid future confrontation; 7. The Defendant refuses to sign the Stipulation as agreed to by and through counsel. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to schedule a Hearing pursuant to the original Petition for Exclusive Possession and at the conclusion of said Hearing, Order the Defendant from entering the non-marital home and award reasonable attorney's fees for the Defendant's dilatory conduct. Respectfully submitted, Date 3-1~,OI ^"~g. 24 North 32nd Street Camp Hill, Pennsylvania 17011 (717) 737,1956 Attorney for Plaintiff ill #59020 ;~-, '->:-"'-,.>;" "",,-,.c;f'-'-"; , ,'''1 I.", ., ,~ " ~ ~ ~ . i! " ~, t ; , ! .' t. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. 01-246 CML TERM ri, BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN DIVORCE ORDER ,~ AND NOW, this.3t:ft;5day of lMJl/LLA d 2001, upon consideration of the Petition for Special Relief it is hereby Ordered that a hearing be scheduled for the 5t1> day Of~/2.I.lAJ2001, in Courtroom-5 at //: ~,m. at the Cumberland County Court House, F-e:hlUoA ~Y Carlisle, Pennsylvania. :,~ :f " .-.' " '. :;, 1 " 1 '~ ~' :1 BYili'~~ Judge - ./'" I - 1::. d U//-Ited E. bu.,' d~ LJ. co ~ o c g -00':', Q'C: z"" zc:~ (f) ..'- .:<::: r;:c.:; ~o ,-0 J>'c ~ .::1 :r::::> , - '-;2 N (,) ., --} ..., ,~:~/~~ ~';'-;r;'j ~ S:1 - :..:> o -0 ::z: tRUE OOPY FROM REOORO In Testimony WlI8r811f. I here unto ~ my lwto ,~Ild ttle It of ,said ~ at CarII8II. !Ia. ~(3t/,,"YC'~~ .~4/ # ~OI~k4my (j """" o BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CIVIL TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PA RULE OF CIVIL PROCEDURE 1920.43 IN THE FORM OF EXCLUSIVE POSSESSION OF THE NON-MARITAL HOME AND NOW, this .;l3~ day of January 2001, the Plaintiff, Barbara McDermott, by and through her Attorney, Austin F. Grogan, Esq., avers the following: 1. The Plaintiff is married to Daniel James McDermott; 2. The parties were married on October 10, 1996 in York County Pennsylvania; 3. The Plaintiff, Barbara McDermott, is fee simple owner of a home located at 111 Juniper Drive, Fairview Township, York County Pennsylvania, which was obtained prior to her marriage to the Defendant, Daniel James McDermott; 4. During the course of the marriage the parties resided in the Plaintiff, Barbara McDermott's home and maintained the home until the Defendant, Daniel James McDermott, voluntarily removed himself from the home on November 25, 2000; 5. The parties have a minor child who currently resides with the Plaintiff /Natural Mother; 6. The Father/Defendant is offered and exercises liberal partial custody with his son; 7. Following the separation the Defendant has threatened and intimidated the Plaintiff and her children, including her teenage daughter from a prior marriage; 8. The Plaintiff has insisted! demanded that the Defendant refrains from entering the home due to his threatening behavior; 9. On or about January 10, 2001 the undersigned Attorney filed a Notice of DefIant Trespass letter with the Fairview Township Police Department and served a copy on the }<,~~ --"' ; . '" . , "F, r" r~ 1\'ii.":'''JJ o Defendant, Daniel James McDermott, at 2 Longview Drive, Mechanicsburg, Pennsylvania. Copy attached as Exhibit A; 10. The Defendant has indicated that the home at 111 Juniper Drive is his home and that he cannot be barred from entering the home and that he will continue to enter the home at his convenience over the objection of the Plaintiff. The Defendant's action causes the Plaintiff to fear for her safety and the safety of the children; 11. On or about January 22, 2001 the Defendant entered the home when the Plaintiff was not present and indicated to the Plaintiffs children that the Mother/Plaintiff "was just getting too big for herself and she better watch out". This comment has caused the Plaintiff to fear for her safety and the Plaintiff is contemplating obtaining a Protection from Abuse based on passed abuse; 12. The Plaintiff desires to maintain a peaceful relationship with her husband as it relates to the partial custody, but fears for her safety and the safety of her children should he be permitted to enter her home over her opposition. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to Order the Defendant to refrain from entering the marital home. n... Y"""'7J :l3 dtYJl Austin F. Grogan, Es 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 ~1i/1Hli11r~~~_ , ,,=~f' ~_ r" I': "-, ~, , """'-, ,. -1""""\ '"",,1 . .C/f6udin rS3. &~ ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 ~f() fD)\\/,7 ~.~)L ~' January 10, 2001 Daniel J. McDermott 2 Longview Drive Mechanicsburg, PA 17055 Re: Defiant Trespass Dear Mr. McDermott: . Please be advised this office represents Barbara McDermott in the legal dispute arising between you and your wife. As you know, Mrs. McDermott is the fee simple owner at 111 Juniper Drive, Camp Hill, Pennsylvania and that she owned and possessed thitt home prior to your marriage. It is my understanding that you vacated the home and have been returning to the home over the objection of Mrs. McDermott. Please be advised that you are no longer permitted to be on her property and you are no longer permitted to enter the home without Mrs. McDermott's permission. If you enter the home or trespass onto her property, you may be liable for criminal prosecution for defiant trespass. Furthermore, you are notified that any attempt to remove any property from the home will result in further action through either the civil court system or the criminal justice system. I understand that you and Mrs. McDermott have a child. She is hopeful that you will continue to have a relationship with your son and she is willing to allow you to maintain partial custody of your son as the agreed upon schedule. Should you choose to exercise your custody with your son then you may pick up your son at the Juniper address with prior coordination. Mrs. McDermott will bring the child out of the house to you. When you return the child to Mrs. McDermott, she will meet you outside the house to regain custody. If you have any questions regarding 'this letter, please contact your attorney. AFG/rr Cc: Barbara McDermott Fairview Township Police Department Sincerely, ~ uj/~ Austin F. Gro&.an, E q. EXHIBIT; j"A" ;:~, o ~ "'~) VERIFICATION I, BARBARA J. McDERMOTT, verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pac C.S. 9 4904, relating to unsworn falsification to authorities. Date ~!a '(10/ /! , !h.llaiC! ~;1l ~J{o7/ BARBARAJ. McDE OTT ~ , '~>' I ' ~ 'I "'.' . Diana S. Baker P. O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 C/f6udin c-\lf. '&~ ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 I .~~ 1/\.) /~." _____ .' ,,(( '.}/L<~~': '. '--' February 12, 2001 Re: Barbara J. McDennott v. Daniel J. McDennott In Divorce Dear Diana: Enclosed is the original copy of the Stipulation for your client's review and signature. Please return the signed agreement to me and I will forward it to the Judge for his signature. This will also confirm that Mr. McDermott failed to appear on Saturday, February 3, 2001 to pick up his items. Furthermore, he appeared on Sunday, February 11, 2001 and caused a confrontation between he and Mrs. McDermott in front of Mrs. McDermott's 21-year,old daughter. Please accept this as Mrs. McDermott's request that he is no longer permitted on the property except for the express purpose of exercising custody with his son. Any further discussion regarding marital property should be directed through your office. AFG/rr Enclosure Cc: Barbara McDermott Sincerely, ~cI~ Austin F. Grog , Es~ ]~)(HII3IT " . '" . .,,, "",.,',(5"',"',""',.,'.',. , , .. ". ,,,,,..,, .. ... '''''''' . . '" . ." ~, '. . ::.1 ,.. ,. BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE ORDER AND NOW, this II ^ day of /VI 0- of the attached Stipluation it is hereby Ordered that: , 2001, upon consideration 1. The Plaintiff, Barbara J. McDermott, is the fee simple owner of a home located at 111 Juniper Drive, Camp Hill, Pennsylvania; 2. The Defendant will refrain from entering the home located at 111 Juniper Drive, Camp Hill, Pennsylvania; 3. The Defendant is permitted on the property for the sole purpose of exercising custodial rights with Jarad McDermott. 4. When the Father/Defendant exercises his custodial rights with Jarad McDennott, he shall appear at the door and the child shall be sent out to him. BY THE C Joo,o ~ .5-/l-0 I -,fi",!":7'~> ,_ ~ _ __ d' ,~~.. ~ ~., ., ViNVIIlASNN3d AlNr,c('J C,,~n:>:i18i1'~nO - l' "1 ' I 'oJl] In ~U:b ,-;, t; AiO"ll IU AtlV.L(,.':. ,~ .,1 : " 'Ij lT1li!JiIlI~~~~i1I~~, ,l,,_~. ., ,,~'~ "" ,-~' ,-"--__~,'~-lJ_ '~ ~" e,__ ,-.' , ",^" ]'_,_v'"~'''~ ""'_~",,-";'="~' ;,,' ':;""': "' '. " 7 = ,- ~Vlrlij~"11)'J!!'<%"I''$'f~''''i_~f'~W'!~!W,ll1'~m'~~1~~~"c,;!!.'iM~'1i'~t~~, '. BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE STIPULATION AND NOW, this 1tA. day ofr~ 2001, the parties agree to the following: 1. A Divorce was fIled on or about January 11, 2001 in the above docketed case; 2. The Plaintiff, Barbara J. McDermott, is the fee simple owner of a home located at III Juniper Drive, Camp Hill, Pennsylvania; 3. 25, 2000; 4. The parties have agreed that the Defendant will refrain from entering the home located at 111 Juniper Drive, Camp Hill, Pennsylvania; 5. The parties agree that the only time the Defendant is permitted on the property is The Defendant, Daniel James McDermott, left the home on or about November to pick up the parties' minor child Jarad McDermott; 6. When the Father/Defendant exercises his custodial rights with Jarad McDermott, he shall appear at the door and the child shall be sent out to him; WHEREFORE, the parties respectfully requests this Honorable Court to enter an Order prohibiting the Defendant from entering the home located at 111 Juniper Drive, Camp Hill, Pennsylvania, and refrain from entering the property except for the sole purpose of exercising custodial rights with Jarad McDermott. ~~ Respectfully submitted, ~~H~' DANIEL S McD RMOTT '~ ~ /fl~7T ~ARBARAJ. M ERMOTT ---- WITNESS ft\~i''"'O "",,^ ",' , 1'-1' , - ~ ~ ,'# , .~ . " . ' ~ BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01,246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fIled on January 11, 2001. 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 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 subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsifIcation to authorities. Date 2/2 1/200- 2. f1Aj)Q~~ rvu[Oa~Al - DANIEL JAMES McDERMOTT '_f~,_,_,,!,,"^'^~" _-,_,'" ~,.,_~,__,_ '~,"'^ ,',",",',_~"",,~,,_',__.J',,^ '.,""~' _~'h' ,,~'-' r, Lrn,'^ ~ l , ..... -~ =~~.~ ~ , ".",..~, , ,J~~ " ~ .. -- " '. '_'_0' --~ '.' o,~,~ "'.. "', ,~~" ,~~ _,".., ;.;,~~j>" -", '"<',;"'. ,,' "c<<' ,'dA-' ';- ,~~~ ,,^,,- o C- "" "tlt.G ml"l' 7--,' ;5'--C, cJ5 ~: ~f5 ~C;. ,,::::::(-.. PC" $ ~ (.b .~ a f'~J ;:t: .1.".. ::;:;,J ,'~, '-' '"n I 0". i:! .:t;:; S-it ,,IJ, :m~I'~11'l!!<:!f;\!:'41!IJ#_ftl!I1".m1jl'\-1~'m!;l"'~~~, ~1l/~t~~LU_!.lI_" ~!J . o .. o ., BARBARA JANE McDERMOTT, Plaintiff IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CIVIL TERM DANIEL JAMES McDERMOTI, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fIled on January 11, 2001. 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 fmal 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 subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date cJ-kf/J~ , , iMmQV jJ/~- , BARBARA JANE McDERMOTT <,,' "-^'1,q-. ,,',,"~ .~, ,,__~,'~,,' ,_,,,.~ ___,'-I,"""~, ,~..",,-,", ",,-.. - - ,,',- ~ :&1 ,. ,-~--- _. ~ ,,- ~~" ,- > .'"~'- '-' ~ ",,""""~ .'I~ n=" _,~, ,. "~ > ~.. . () c -0$,,= 11" QI i~,J} (J).b ~0~:: ~?(j, ~(:;. ,--- ,2; :< ",,' ""_'rr"],~~~,~~Il!I1I!Ii'W)!'JIlll'!l'l'i'-~!~~",7" ~.~," ~, '"~~ ''''''.,",,,,,,,,- < "- -' t\) ~. ~.I!j.. ,?~. Ch :J:! -~, . . C"..,; <:0 , , :;) ~- =<..! , )il~i!lI!~,,!III~IJI3'!._l~~". ",-.,. ~ o o BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 01,246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE 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 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fIled with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: GJrk);;- ~,zk{ 2,dtlf ~ BARBARA JANE cDERMOTT y f",'>'~ ~ ' '''''''":'_-'''~~'N_,' '''~ '"'~ y~_ ", ~K',c,?, ' ',__ "," ,~""~, I.,,', _ ~_, 'n"__ _ ,"^ _._ "''' ' 0, ," . ,~ ::! ~~ .~ ~" , o ~, "" " ~ me".. ,~_,"," . ".,,,_~',"!fI~\il~~,~ ""~ , ~~'"" ~-- (") c -~, ~ -oiI' mp~ ~it.: (j)" --< :-,:' <C~: )>r'".'1 Z(~, > c.,,:' 2: :;! "',-" ~ .. -"' ~" .... C) 1'0 c~ -n ~~ :)';;-tl, :~:-CJ vi- ::;? -.;:;,,,,, ~...) "-} O~ '~ "" :0 -< '-~''''~J!III!~''' , oJ' ) 011 ...' BARBARA JANE McDERMOIT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.OI-246CMLTERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DNORCE DECREE UNDER SECTION 330Hc) OF THE DNORCE CODE 1. 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fIled with the Prothonotary . I verify that the statements made in this affidavit are true and ,correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 2/2..1/2'0'6') , ' U/~fMca::;t' DANIEL JAMES McDERMOIT _"<,,, "c , ; -,.~. ,,,,"",. ;~" _, '.' ,-<~';"I;~. h' ''''<'_ ,""",""r<',e"-,,,' 11 ". ," ~ ,. ~ 1", " ,~- .. ,l!M'~,'". ~,~ "~ " ~ . '. '0. ..,. I . ~,' ';." ,~," , -~--'~" , -',~" , ","', ,'" .d - "Mr' "i "-"""4CjljjfifJ\ri~;-;~" ~i'. () CJ C N () 'S': - -n l) ~'r> ~,,\,- ,-,j nlf~ )~,,:r,' 2:~:- ;:JfJ g~' I 0'1 ..J--'..---. -0 ~(-)' :]'i: C C....:i Z ,.-r -< (b "<" """,~!"Jli'Mtlf!1'!mJ!l!'>lf.~~~,o, ,ll!!l,,.,~ ,~,Iil~n~~~ ,t I < " BARBARA JANE McDERMOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-246 CML TERM DANIEL JAMES McDERMOTT, Defendant IN DIVORCE EP~and~~ EPettbnwnte;(y~ THIS AGREEMENT, made this Jt'i::lv day of ~ ' 2002, by and between DANIEL JAMES McDERMOTT, hereinafter referred to as "Husband", and BARBARA JANE McDERMOTT, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on October 10, 1996; and WHEREAS, differences have arisen between Husband and Wife, as a result of which it is the desire of the parties after long and careful consideration, amicably to adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for maintenance, support, alimony, equitable distribution, counsel fees, and costs; and WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to writing; and 1 it , , < "c NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. PARTIES TO LIVE SEPARATE AND APART The parties mutually agree to live separate and apart. Neither party will molest the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other. 2. PERSONAL PROPERTY Husband and Wife have divided all personal property, which would constitute marital property. Wife agrees that any property in the possession and control of Husband shall be the sole and separate property of Husband. Husband agrees that all property in the possession and control of Wife shall be the sole and separate property of Wife to include the 1997 Dodge Neon. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have to the sole and separate property of the other. 3. MARITAL DEBT The parties agree that the Wife will assume full responsibility for the marital debt to " I I 1 I , I I 11 !r:.w 2 include various credit card debt; $306.82 to MBNA America, account number 5490 9938 1046 9264; $3,517.00 to Peoples Bank, account number 4017 3528 0000 0604; and $3,235.00 to First USA, account number 4417 1211 52497627. Husband agrees to pay Wife $2,000.00 in full satisfaction of his obligation for the marital debt. Husband and Wife each covenant, represent, and agree that each other will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise specifically provided for the by the terms of this Agreement. , 4. REAL PROPERTY Husband and Wife agree that the Wife is the fee simple owner of the home located at 111 Juniper Drive, Camp Hill, Pennsylvania. The mortgage with GMAC Mortgage, account number 306463979 and the home equity loan with Waypoint Bank, account number 3151000126000 are both held in Wife's name alone, and she will indemnify and hold Husband harmless therefrom. The Husband agrees to waive any interest in the home and Wife shall retain any equity she may have in the property. 5. ALIMONY AND SUPPORT FOR SELF Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property is fair, adequate and satisfactory to them and is 3 " '",",_" ,~, _,='.,"" ',0, , J__, 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 or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other. 6. WAIVER OF INTEREST IN RETIREMENT Wife's retirement is through Fidelity Investments, account number ENV #40032936- 40-58940-73116,A. Husband's has a 401k profit sharing plan through Computer Aid Inc., Merrill Lynch account #201196.1790.Q3.Z000.DMF.TOOlO17.006708.001251.l251. Husband and Wife expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or employment-related plans in which the other has any interest, whether vested or unvested, matured or unmatured. 7. PAST DUE TAXES ~.ih f't1,;"e.,. The parties have heretofore filed joint Federal and State tax returns. Rusband agreet that in the event any deficiency federal, state or local income tax is proposed, or any ff...e'1 /M'LL s-har( t:qiJCt //7 assessment of any such tax is made against either of them, hil will mQilHYlif)' 'no hold Wiw .fN f'Q1I1!fAl- -f@,.- a'1) .r"'~ /CI,rf, dv-e. MMJ or /e,,~II,"'J/,t1f?rl!dl. hal'HllilsS frem aRQ ~gai1;lst a1;l~' less or liabil~' f.or on)' <l1"h tax c1pfideney Sf a5S':;SSl'll:t:flt aRd_ 4 fJJ~(/wo-:;. ~'rI>> ~.PI;.r#,J- ". -""-, . ~~ 7,0__ , __ , ~ ,I .. .lIRy int~r"st. pen~ lty ?~rl exp",mt: incurrea ill connection d,,,,'::-:lith. 8. BANKRuncr It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/ she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. 9. APPLICABILITY OF TAX LAw TO PROPERTY TRANSFERS The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984, hereinafter the "Act", specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouse. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry,over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 5 ,"0," _",__"",,'w,~"__.. ~<",," 'H~"."'_ ~,' ,1_ . 10. SUBSEQUENT RECONCILIAIION The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 11. LEGAL REPRESENTAIION Husband and Wife declare that each has had a full and fair opportunity to obtain and consult with legal counsel of his/her selection and that the parties, cognizant of their legal rights, declare and express that: A) Austin F. Grogan, Esquire, represents Barbara Jane McDermott; and B) Diane Sommers Baker, Esquire, represents Daniel James McDermott. 12. MUTUAL DISCHARGE Wife relinquishes her inchoate intestate right in the estate of Husband, and Husband relinquishes his inchoate intestate right in the estate of Wife, and each of the parties hereto for himself or herself, his or her heirs, executors, administrators or assigns does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, 6 :"-]:;:" , ~. "''''."0''~,",'o'_ _ ,- _'_^'"" _,,~"~" I~< A'. ~ causes of action or suits of law or inequity of whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement. 13. No-FAULT DIVORCE An action for Divorce has been instituted by the Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. Ol-246 alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Section 3301(c) of the Divorce Code. It is hereby agreed that the marriage is irretrievably broken and that coincident to the signing of this Agreement, both parties will execute affidavits of consent to the entry of a Decree in Divorce under Section 3301(c) of the Divorce Code. 14. EXECUTION AND DELIVERY OF DOCUMENTS The parties hereto agree to execute and deliver all papers needed to effectuate the terms and intentions of this Agreement. 7 \,~...."", .. .' 15. BREACHING PARTY PAYS COSTS If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16. GENERAL PROVISIONS This Agreement encompasses all agreements between the parties concerning the matters set forth herein and may not be altered or omitted except in writing executed by the parties; the waiver of any term, condition or provision of this Agreement shall in no way be deemed a waiver of any other term, conditions or provisions of this Agreement. If any term, condition or provision of this Agreement shall be determined to be void or invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force. It is agreed by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is 8 i~~J-lr_ _",'_ ,_~. .. specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated, by reference, into any divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. This Agreement is executed in triplicate, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly executed copy hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. WITNESS: ~~~~!lr'~ Yr4)g~-pf- DANIEL J ES McDERMOTT, Defendant ~OaAl /It~ BARBARA JANE McDERMOTT, Plaintiff 9 ::~~--,~,--< ".,.>'-,<,'>-- ,-~"" "",,,,~~-,, ",~" ,__,_~._w,-L,,"_,~,._~,,~_,_ ,.-, - " ~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the a Ls+- day of Februaru 1 , 2002, before me, the undersigned officer, personally appeared DANIEL JAMES McDERMOTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal. 1YI1 ~'Ilj)a ft PJ;~ NOTARY PUBLIC ... NOTARIAL SEAL I MELISSA A. POLING, Notary Public !! Lower Paxton Twp., Dauphin County ! My Commission Expires Sept 1,_2{i:-'~- "_,~.-.-.-....__~____._r~__~'~__"" 'r -. _ '~~-'T,"'f",-'-"~_~.,,.,,'!r" " "~_'" "." ,~___, ___. ._.~ _ ,_~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the :J. !f::It,day of ~ ' 2002, before me, the undersigned officer, personally appeared BARBARA JANE McDERMOTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal. ~~ NOTARY Notarial Seal Rhonda D. Rudy, Notary Public Camp Hill Bora, Cumberland County My Commission Expires Aug. 12. 2002 Member, Pennsylvania Assoclatlon of Notaries - _'--"",',~_'':'f.'~_"._ , ,~-' <,_0_" ~" ,-' " "~~~l ^ ~,., _,1[ ~ I ,"^" , ,v. -'~' (") -O(~~ flit !" ..c:" ,7"i--- f~:~i:: s:: ",-, fiii < -~ -< ()O _~~, - ~ ~"" ",,","'.' "~'~ ~ o_,~, _ "'~ C', r-,j c; -"j -~ .l,,- "ctO .-j::J , u) ,'.,., '1"::""': ,.~ -J ~ ' !. :-""1 ~_,/ ':-)(~J~,.I C"}i ::;;! ,'jj -< " ~ "-, _If.. ~! _,~_,. ,,!!/!l'~li!l)IN;ffill!"MMiill~~~~ ""'" ~[III_!l "~~~ , , "~~,-, - ~,~ . " I I' , jlI,!U!!!~" 02-02-2001 11:23AM FROM TO 597037115452 p.01 , , :1 I. " ,I I 11 , " :1 I: !i II :1 II II :1 I q ,! Ii :1 'I :i 0f6a61in cSl c!J~ ATTORNEY AT LAW 24 North 32Dd Street I Camp Hill. PA 17011 I ' ' I ' Phone: (717) 737-1956 Fax: (71~ 761~5319' . , FACSIMILE TRANSMISSION ISHEET ! , I i DAJ'I-E: I TO; · February 2, 2001 , The Honorable Judge Edward Guido I I ' FROM: I Austin F. Grogan, Esq. , , I . . N~BER OF PAGES INCLUDING COVER SHEET: 2 I . F* NUMBER TRANSMITTED TO: (717) 240-6462 I . I il " " , II d JI 'I 'i 'i I :I " ii I " I[ :1 I, !I , I , . CONFIDENTIALLY NOTE " " .. I I ' . , , , , . I rHiE INFORMATION AND DOCUMENTS ACCOMPANYIl'i:G TInS TRANSMISSION' COOAlNlNFORMATION FROM THE LAW FIRM OF AUSTIN F.1GROGAN WHICH IS COf'lFIDEN'fIAL AND/OR LEGALLY PRIVILEGED. jrHE! INF<;lRMATION IS! INTENDED ISOLELY FOR THE USE OF THE INDMDUAL'OR ENTITY NAMED aNi Tills FACsiMILE TRANSMISSION SHEET. IF YOU ARE iNOT' TIIE: DESIGNATEd RE~IPIENT,i YOU ARE HEREBY NOTIFIED THAT ANY pIs40SURE,' COPYING,! DISTRIBun;ON, TRANSMISSION OR TAKING OF ANY ACTI~N IN :RELIANCE ON TH~ CqNTENrS 10F THIS INFORMATION IS PROHIBITED. ' ' ' . . : I . , I. -. " ' I IF iYOU HA YE RECEIVED TillS FAX TRANSMISSION IN E~OR, IPLE","SE NOTIFY U~ BY! TELEPH;ONE IMMEDIATELY SO THAT WE CAN ARRANGE FOR THE RETURN O~ THE ORIGINAL DOCUMENTS TO US. PLEASE CALL IMMEDIATELY IF YOU HAVE NOT RiBCEIVED ALL OF THE TAANSMlTTED PAGES. i ,I ;i I, ;1 " il , , I ,-. 'PI ,.' f' .~ "1,,-~ 82-02-2001 11:23AM ~ROM TO 597037115452 p.02 February 2, 2001 , , I I I I I I I . cA<<4I6n cS3. &~ ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 ; ~ ' . "., r i' , . , I , , , , , .i ' Ii: 'The Hondrable Judge Edward Guido :CumbeI'lahd County Courthouse One CoiIr1house Square Carlisle; PA 17013 Re: ,; i, . Barbara J. McDermott v. Daniel J. McDennott , , . Jnl Divorce , , , . 'I ~ : : , " Dear Julige Guido:. , . I : i ; ~ ' ~ . i ' .! this will confirm my phone call to your chambers earlier t04ay wh~n I advi~ed I. your olf~e that the ~cDer~ott case ~s been settled. Attomef Diaj1e Ba1fe~, . a~~ I will be senc!ju"lg you' a Sti~UlatlOn an~ "'!. 111 ask you to confo~ ~.: O~~. .er p~o bltmg tthe Defend"nt from' entenng the Plamtlff's home. If there 18 aIt addltional:~ cument or notice ~t you need from me, please contact my office. ' . i i ; Sincerely, ;, I }. '; I " Un ~( j , II , I , Austin F. Ora 'I ! I I :1 I i i , " i ~i , I I ., '1 I , I i I [i :i I " I ., I ., ., :1 I , AFG/rr: , ,Cc: B~rbara McDermott . J . :p~ane Baker, Esq. TOTRL P.02 ~'"~~ fo'. ",' -., - , "I ", CY6udin ~ c!J~ ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 fEB 5,- 2001 February 2, 2001 1)00/- ;..4 C/I//I The Honorable Judge Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Barbara J. McDermott v. Daniel J. McDermott In Divorce Dear Judge Guido: This will confirm my phone call to your chambers earlier today when I advised your office that the McDermott case has been settled. Attorney Diane Baker and I will be sending you a Stipulation and will ask you to conform an Order prohibiting the Defendant from entering the Plaintiff's home. If there is an additional document or notice that you need from me, please contact my office. Sincerely, fbtn }, Austin F. Gro ( AFG/rr Cc: Barbara McDermott Diane Baker, Esq. ;;~l!L~ _,~, ., ~~ I; .