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HomeMy WebLinkAbout03-2045ALAN B. McCAUSLAND, Plaintiff VS. NANCY C. McCAUSLAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 3 oZn`??s NO. 0 : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request he marriage counsling. A list of ProthonotaryeCumberland County Courthouse, available in the Office o 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 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. Court Administrator Cumberland County Courthouse 4'' Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 ALAN B. McCAUSLAND, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03? Aotis NANCY C. McCAUSLAND, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE Count I Divorce Under Section 3301(d) 1. Plaintiff is Alan B. McCausland, an adult individual who resides at 122 South 7 h Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Nancy C. McCauuland, an adult individual who resides at 135 North 17'' Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on May 27, 1989, at Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. 8. Defendant is not a member of the armed services of the United States or any of its allies. WHEREFORE, plaintiff requests the Court to enter a Decree of Divorce Count II Equitable Distribution 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Plaintiff states that the plaintiff and defendant possess various items of both real and personal marital property which is subject to equitable distribution by the Court. WHEREFORE, plaintiff requests that this Court: a) equitably distribute all property, personal and real, owned by the parties b) such other relief as the Court may deem equitable and just. Ti othy J. O'Connell, Esquire 4415 North Front Street Harrisburg, PA 171110 (717) 232-4551 Attorney for plaintiff Verification Complaint are true and correct. I verify that the statements made in the foregoing enalties of 18 Pa. C.S.A. in are made I understand false statements here falsifi at on to subject 4904 relating to unworn Alan B. McCausland Date: -A4?- ALAN B. McCAUSLAND, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. NANCY C. McCAUSLAND, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code 1. The parties to this action have continued to live separate and apart for a period of at least two years, since September 8, 2000. 2. The marriage is irretrievably broken. 3. 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 grated. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: Alan B. McCausland a (? LA s U i Q n lr' °?7 _FI -t GI -C 10/20/2006 16:00 7172436510 SAIDIS FLOWER R LIND PAGE 02/02 ALAN F Mr _ATTST,Ahm vs Case No. 03-2045 NANCY C. MCCAUSLAND Statement of Intentien to Proceed To the Court: A?(?,(1 uAa a o intends to proceed with the above capti ed ttmancr. print Nam tl?Wign Name Data: t 2 Attorney- for Explanatory Catnment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the t 'nation of inactive cases and amended Rule of Judicial Adminiaratiori 1901, Two aspects of the rceotnmctation merit comment. I. Rule aftivil Procedure New Rule of Civil Procedure 230.2 has been promulgated 0 govern the termination of inactive within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity w previously govcmcd by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New R le 230.2 is tailored to the needs of civil actions. it provides a complete procedure and a uniform statewide practice preempting local rules. This rule was promulgated in response to the decision of the 13upreme Court in Shop v. Eaglc, 551 Pa )0,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecutio is required before a cast may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901, ' Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil pro edure. The general policy of the prompt disposition of matters set Forth in srbdivision (a) of that rule continues to be a plicable. If Inactive Cases Thc purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is ini ated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is wit the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter order as of course terminating the matter with prejudice fnr failure to proscuute." If a party wishes to pursue the trta , be. or she will file a notice of intention to proceed and the action shall continue, a. Where time action has Peen terminated If the action is tcrmipated when a patty believes that it should not have been terminated, that party ay proceed under Rule230(d) for relief from the order of termination, An c);ample of such an occurrence might be th termination of a viable action when the aggrieved party did not rcccivc the notice of intent to terminate and thus did n t timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action h important. If the petition is filed within t irty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the etition and reinstate the action. If the petition Is fried later than the thirty-day period, subdivision (d)(3) requires that he plaintiff must make a show in to the court that the petition was promptly tiled and that there is a reasonable ex lanation or legitimate excuse both for the failure to Fle the notice of intention to proceed prior to the entry of corder of termination on the docket and for the failure to file the petition within the thirty-day period under subdivisi (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the fling of a notice of intention to ed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the medy of a common law non pros which exits independently of termination under Rule 230.2. • f ALAN B. McCAUSLAND Plaintiff V. NANCY C. McCAUSLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2045 CIVIL ACTION - LAW IN DIVORCE STATEMENT OF INTENTION TO PROCEED I, Alan B. McCauslkf, intent to proceed with the above captioned divorce action. I have this day retained new legal counsel, Diane G. Radcliff, Esquire, and have authorized her to pursue the divorce and any related claims. ?T ALAN B. McCAUSLAND Dated: October 24, 2006 `a cn i ? &J 2 . rn C CaA.-S (?rll vs Case No. d 3 - 0"k) `rn a ncJ Statement of Intention to Proceed To the Court: ((?? 1J . C Q ,? y intends to proceed with the above captioned matter. Print Name ?? - Sign Name; I Date: C? E3 O° Attorney for lQ?,,? n C lA . . rn G C0.J5 Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ALAN B. McCAUSLAND . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-2045 NANCY C. McCAUSLAND CIVIL ACTION - LAW Defendant IN DIVORCE STATEMENT OF INTENTION TO PROCEED I, Alan B. McCausland, intend to proceed with the above captioned divorce action. I have authorized my Attorney, Diane G. Radcliff, Esquire to proceed with finalizing this divorce action as soon as possible. ALAN B. McCAUSLAND Dated: October 8, 2009 FiLi sJ- ? =iCt 2009 OCT 14 AM C* 32 Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff ALAN B. McCAUSLAND Plaintiff V. NANCY C. McCAUSLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2045 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE OF LEGAL COUNSEL To the Prothonotary: Please withdraw the appearance of Timothy J. O'Connell, Esquire, as legal counsel for Plaintiff, Alan B. McCausland. Timo _ T dnnell, Esquire Date: - i ?f <l Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. J2 1 2, of 1, uehaif of the 'Defendant, A"tan LEO'. v'Co inn 1, E-squir e. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp T-1 PA 17011 DIA DCLIFF, ESQUIRE Sure urt ID # 32112 Date: October 8, 2009 2J9 Uv T19 ?i ?i i 3' li i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN B. MCCAUSLAND, Plaintiff NO. 03-2045 V. CIVIL ACTION - LAW NANCY C. MCCAUSLAND, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire , attorney for the Defendant in the above captioned action hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the above captioned matter on April 29, 2006. 1 certify that I am authorized to accept service on behalf of the Defendant. Date: Sandra L. Meilton, L ;quire Attorney for the Defendant (Y^ ,, ) 1A?Y 2009 NOV -2 Phi 1: 27 < CUB Al 4 ALAN B. McCAUSLAND Plaintiff V. NANCY C. McCAUSLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2045 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Timothy J. O'Connell, Esquire, Attorney for the Plaintiff, Alan B. McCausland, being duly sworn according to law, depose and say that on May 7, 2003, 1 served a true and correct copy of the Divorce Complaint and a true and correct copy of the Plaintiff's 3301(d) affidavit upon Defendant, Nancy C. McCausland, by Certified Mail, Restricted Delivery, addressed as follows: Nancy C. McCausland 135 North 17th Street Camp Hill, PA 17011 The Certified Mail Return Receipt Mailing Card is attached hereto as Exhibit "A" and made a part hereof. Ti othy J nnell, Esquire Turn nd O'C nnell 4415 North Front Street Harrisburg, PA 17110 Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this o 3 day of ? , 200q. NOTARY PUBLIC My commission expires: Not?Y public Stacey A. Fogla Susquehanna Township, Dauphin County My commission expires January A ¦ Can oft hwu 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?bn Cq 0-- (N-Qav5land, 13? l?IC3r-t-h I ?+h ?-) . F Ca rnP N?? F7 011 2. Article Number (Copy from setXlce label) Ps Form 3811, July A. PAceived by Plow C. 4 Agent D. is delivery address different fro If YES, enter delivery address 3. ic'T, pe Cert' ied Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Ins4red Mail , . 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 102596-MM-OVA- EXHIBIT "A" RETURN RECEIPT CARD r i._ 3 I 20019 O - 4 t'r" 2: 5 0 i, Lm '",ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN B. McCAUSLAND, Plaintiff NO. 03-2045 V. : CIVIL ACTION - LAW NANCY C. McCAUSLAND, IN DIVORCE Defendant . MARITAL AGREEMENT BETWEEN ALAN B. McCAUSLAND AND NANCY C. McCAUSLAND MARITAL AGREEMENT THIS AGREEMENT made thisa? day of,&&,,hg? 2009, by and between NANCY C. McCAUSLAND, ("Wife") of 135 N. 17th Street, Camp Hitt, PA 17011, and ALAN B. McCAUSLAND, ("Husband") of 8 South 15th Street, Camp Hill, PA 17011. PREAMBLE AND RECITALS WHEREAS, the parties hereto are husband and wife, having been married on May 27, 1989 in Cumberland County, Pennsylvania, and were separated on September 8, 2000, WHEREAS, The parties are the parents of two (2) children: Hannah A. McCausland, (DOB: 5/9/1992) and Sarah E. McCausland (DOB: 7/4/1995), (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of 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 of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. - 1 - 1.02. DEFINITIONS. (A) Divorce Code. The term "Divorce Code" or "Code" shall be defined as Pa.C.S.A Section 101 et seq., as amended, or any successor statute thereto. (B) Internal Revenue Code. The phrase "Internal Revenue Code" shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections in the Internal Revenue Code shall referenced to sections in existence as of the date of this Agreement. (C) Asset. The word "asset" shalt be defined as anything of value including, but not limited to, real and personal property, tangible and intangible property and all financial interests however held. (D) Date of Execution. The phrase "date of execution", "execution date", or date of this Agreement" shall be defined as the date that the last person signs this Agreement. (E) Date of Distribution. Except where otherwise indicated in this Agreement, the phrase "date of distribution" shalt be defined as the date of execution of this Agreement. (F) Effective Date of Agreement. ThisAgreement shall become effective and binding upon the parties upon the execution of this Agreement by both parties. 1.03 DIVORCE DECREE. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, PA, docketed to No 03-2045. With respect to that action the parties agree as follows: (A) No-Fault Divorce. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. (B) Affidavits and Waivers. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice for filing with the Court. (C) Finalizing Divorce. Within ten (10) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. .2- (D) Withdrawal of Claims. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and take such further steps if necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband and Sandra L. Meilton, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, 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. 1.06. FINANCIAL DISCLOSURE. The parties represent there as an inducement to each of the parties to enter into this agreement, each of the parties has made a full and fair disclosure to the other party of the parties' respective incomes and the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement. That full and fair disclosure includes a disclosure the following: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicle Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit; Checking Accounts, Cash; Savings Accounts, Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents, Copyrights, Inventions, Royalties; Personal Property Outside the Home; Business; Employment Termination Benefits-Severance Pay, Worker's Compensation; Profit Sharing Plans; Pension Plans; Retirement Plans, Individual Retirement Accounts; Disability Payments; Litigation Claims (matured and unmatured); Mititary/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets; Loans, Credit Cards and Other Debts. - 3 - 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the following procedural and substantive rights, all of which are hereby waives: (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income and Expenses. The right to obtain from the other party an income and Expense Statement setting forth the party's income and expenses and including the party's pay stubs or income for the last six months and the parties last filed income tax return; (D) Discovery. The right to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (E) Hearings and Court Decision. The right to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the following: A. Estate Rights. Any rights which either party may have, or at any time hereafter -4- have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this agreement. B. Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. C. Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, 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. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages. The right to damages arising out of breach of the terms of this Agreement. C. Distribution of Undisclosed Assets. The right to have the court distribute any - 5 - asset having a value of $500.00 or more which has not been disclosed. D. Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. E. Other Remedies. Any other remedies provided for in law or in equity. F. Considerations for Reasonable Attorneys Fees. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. G. Breach Notice. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: (A) Prior Returns. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) Current Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. (C) Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the -6- marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. (D) No Tax on Property Division. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to 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 terms of this Paragraph on his or her applicable federal or state income tax returns. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. 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. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, -7- understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: (A) Real Estate. The following shall apply to Wife's premarital Real Estate known and numbered as 135 N. 17`h Street, Camp Hill, PA 17011 (the "Real Estate"): 1. Waiver/Conveyance: Husband waives any and all right, title, interest and claim he may have in and to the Real Estate. If required by Wife to effectuate this waiver, Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shalt be executed by Husband within seven (7) days of his receipt of said deed, at which time the deed shall be delivered to Wife for recording . 2. Liens. Encumbrances and Expenses: Wife shall hold title to the Real estate subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of any mortgage, real estate taxes and any other municipal liens and assessments. Wife shall be solely responsible for the payment of any mortgage, real estate taxes, other municipal liens and assessments and any and all other expenses associated with the Real Estate, whether incurred in the past and currently outstanding, present or future, and shall indemnify, protect and save Husband harmless therefrom. -8- (B) Vehicle(s)and Vehicle Loan(s). The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of thisAgreement ("Vehicles"), and loans associated therewith ("Vehicle Loan"), shalt be divided and distributed as follows: (1) To Wife. The money or value received from the prior sate of trade in of the 1989 Dodge Intrepid. (2) To Husband. The insurance moneys received or applied against the Loan as a result of the totaling 2000 Chrysler New Yorker. (3) Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Agreement. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her Vehicles. (4) Encumbrances. Each party wilt be solely responsible for the timely payment of any loans, liens or other debts encumbering the title to the Vehicles assigned to him or her. (C) Investments. The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: (1) To Wife. None. There are no marital investments, and therefore, there are no Investments to be distributed to Wife. (2) To Husband. There are no marital investments, and therefore, there are no Investments to be distributed to Husband. (D) Accounts. The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shalt be divided and distributed as follows: (1) To Wife. The money on deposit as of the date of separation in the jointly held Member's 11 account #7865 and Wife's Member's 1" account # 26911. (2) To Husband. None. No accounts are being distributed to Husband. (E) Life Insurance. The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: -9- (1) To Wife. None. There are no marital life insurance policies having any cash value, and therefore, there are no Life Insurance Policies to be distributed to Wife. (2) To Husband. None. There are no marital life insurance policies having any cash value, and therefore, there are no Life Insurance Policies to be distributed to Husband. (F) Retirement Plans. The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife. Wife's IBM and/or Morrison Knudson retirement plan(s) including any pension plan, 401 K plan or other tax deferred retirement plans with those employers. (2) To Husband. Husband's 401K plan through his prior empOtoyment by Hoss's. (3) Waiver. Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shalt hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. (G) Personal Propertx. The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (1) To Wife. All items of personal property in the possession of Wife. (2) To Husband. All items of personal property in the possession of Husband. (H) Debts. The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as -10- follows. (1) To Wife. Wife shall be solely liable for and shall timely pay any credit cards, loans, debts and liabilities incurred in Wife's individual name. (2) To Husband. Husband shall be solely liable for and shall timely pay any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall apply to the distribution of the parties` marital assets and debts: (A) As Is Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. (B) Title Transfer. If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (C) Personalty Transfer. if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. (D) Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. (E) Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property.shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. - 11 - (F) Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (G) Indemnification. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (H) After Acquired Debts. Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. (1) Cancellation of Joint Debts. Any joint debt shalt be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shalt immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. (J) Non-Disclosed Liability. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. SECTION III COUNSEL FEES, SPOUSAL SUPPORT APL. ALIMONY, CUSTODY, CHILD SUPPORT AND INSURANCE 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel - 12 - fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. CUSTODY. Custody of the parties' children is not provided for in, nor shall be governed by, this Marital Agreement 3.04. CHILD SUPPORT. Child support for the parties' children is not provided for in, nor shall be governed by, this Marital Agreement. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) ALAN B. McCAUSLAND Date: r (SEAL) NANCY C. McCAUSLAND q Date: 4) / 0 / - 13 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. On this theme="? day of??o,/czrJ , 2009, before me the undersigned officer, personally appeared, ALAN B. McCAUSLAND, 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 hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Sept. 23 County COMMONWEALTH OF PENNSYLVANIA MyCmopmmHill sss? E Cumberland SS. raemb,:r, ?ennsyt ar a ssociat3on og Plat r!e:, COUNTY OF DAUPHIN On this the day of P?1r'rhJ?1Z , 2009, before me the undersigned officer, personally appeared, NANCY C. McCAUSLAND, 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 y hand and notarial seal. NOTARY PUBLIC My Commission Expires: 0 l MONWEALTH o P?ENxsYI,vAMq 2LMENRONOTT-A-RiZSEAL M Rine, Notary Public on Township, pin ?9 sion expires November 15, 2011 -14- t i ? .,-,fir `r r ,t „?, x ::-,, 1.;?;. Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN B. McCAUSLAND, Plaintiff V. NANCY C. McCAUSLAND, Defendant NO. 03-2045 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: oy ALAN B. McCAUSLAND 2 Ol -`? 9 b, E Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN B. McCAUSLAND, Plaintiff NO. 03-2045 V. CIVIL ACTION - LAW NANCY C. McCAUSLAND, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST E DIVORCE DECREE UNDER SECTION 3301 c F HE DI 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 84904 relating to unsworn falsification to authorities Dated: ALAN B. McCAUSLAND ,7',' ALAN B. McCAUSLAND, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2045 Civil Term : CIVIL ACTION -LAW NANCY C. McCAUSLAND, Defendant (In Divorce) AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 29, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 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. 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. §4904 relating to unsworn falsification to authorities. Date: 12-1-0q Nancy C. McCausland j.t 4.:??.,? L L S G _. 4., d - ,-i ?.._ ALAN B. McCAUSLAND Plaintiff V. NANCY C. McCAUSLAND Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2045 CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 04/29/2003 b. Manner of Service of Complaint: Certified Mail/Restricted Delivery C. Date of Service of Complaint: 05/07/2003 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 12/2/2009 b. Defendant: 12/1/2009 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 2, 2009, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 12/4/2009 b. Defendant's Waiver: 12/4/2009 ^6-RAkLIFF, ESQUIRE Trind1wR , oad CaMp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 f= L 29? LU ALAN B. McCAUSLAND V. NANCY C. McCAUSLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2045 DIVORCE DECREE AND NOW, N-r-tw&cr t , lkbo ., it is ordered and decreed that ALAN B. McCAUSLAND , plaintiff, and NANCY C. McCAUSLAND , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") No issues pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 2, 2009 which Agreement is to be incorporated into but not merged with the Divorce Decree. By the Court, ad, e*'v 1 a .- ?D `fir