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HomeMy WebLinkAbout03-4861 TRACEY E. McCALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 03 - /.f;>101 CiCJi.CT~ WILLIAM T. McCALL, Defendant 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 L~cf4~~ Attorney for Pl~int::f " TRACEY E. McCALL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C>3 -~f('1 Cc..~L<-r~ IN DIVORCE WILLIAM T. McCALL, Defendant COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT I: 1. Plaintiff is Tracey E. McCall, an adult individual who is sui juris and resides at 515 DeWitt Avenue, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is William T. McCall, an adult individual who is sui juris and resides at 606 Gale Road, Camp Hill, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, William T. McCall, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 16, 1994 in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. COUNT II: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT III: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 12. The Plaintiff has inadequate means of support for herself except as provided for by Defendant. 13. Plaintiff is employed as a librarian for the County of Dauphin, and earning $46,384 annually. Defendant is employed as a real estate broker, and has ather sources of income earning in excess of $200,000 in 2002. COUNT IV: CLAIM FOR ALIMONY PENDENTE LITE' COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 15. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; c. Directing the Defendant to pay alimony to the Plaintiff; d. Directing the Defendant to pay Alimony Pendente Lite and Plaintiff's counsel fees and the costs of this proceeding; and e. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. By:A.,~~~~-(fr~ Sandra L. Meilton~~- No. 32551 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 44813 .1 Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. '/ ))acti;;J~Z;I17c ~ Tracey E. M6tall, PlaIntIff Dated: 9/11/03 N (.:) ~( iG, ft. ~ RJ - ~ 6' ~ 0 0 ~ . , , ~ ,- " 0 3 ." , , 1 ~ () ,) , " J .f... ~ CN ,oJ 9J :p~ ';...) -C . :.n -,) . , ,J ........ -....2 ~~ ~ t ~ . TRACEY E. McCAll, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVil ACTION - LAW v. WilLIAM T. McCAll, Defendant : NO. 03-4861 Civil Term : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint for Divorce in the above matter on behalf of the Defendant, William T. McCall. Date:~ 62669.1 (") CJ (") C c...} -n 7" C) -:~:\ .~ -oeL' ("') 'n rnll -l -1;,.:;; :;-;;:: :~t ' I ~'1 -;--r 1 ~:J lji:' ,..;0 ;(~,) -<.: r-, -;:"J -I', :S_ ' '.,., :3l.: )-,- ...~- ( ,.C) 7":i'. (--', ~~3 on b ~: N ..... C~ "-t Z ~ -;I :,,) :0 -, ...j '-< ~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TRACEY MCCALL ) Docket Number 03-4861 CIVIL Plaintiff ) vs, ) PACSES Case Number 212105933 WILLIAM MCCALL ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 13TH DAY OF MAY, 2:004 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or <iJ Other ALIMONY PENDENTE LITE filed on NOVEMBER 3, 2003 in the above captioned matter is dismissed without prejudice due to: NO ACTION BEING PURSUED THROUGH THE DOMESTIC RELATIONS SECTION SINCE THE FILING OF THE REQUEST FOR CONFERENCE ON THE ALIMONY PENDENTE LITE MATTER. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant John Cormelly, Jr., Esquire Sandra Meilton, Esquire BY THE 0 ~ Edgar B. Ba e GE Service Type M Form OE,506 Worker ID 21005 ; 1,.:-)- () "> = ~ c = ~':. ~ ~ 'i! -'" );~ -< ri1r::: -orrr w 'Bt? c: :,-,0 -0 -,- -r; , 7;;'~ :n t.. -.;.. ""0 c: S' C,srn 2: '-I -,' ..,.... ~,.- -'" :':0 <J1 --<: ::,:-,,"... ..;:.~' t"'r rl e. ct, MARlT AL SETTLEMENT AGREEMENT BY AND BETWEEN TRACEY E. McCALL AND WILLIAM T. McCALL John J. Connelly, Jr., Esquire JAMES, SMITH, D1ETTERICK & CONNELLY LLP P.O, Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for William T, McCall Sandra L. Meilton, Esquire TUCKER ARENSBERG, p,c. P.O. Box 889 Harrisburg, P A 17108 Telephone: (717) 234-4121 Counsel for Tracey E. McCall Wife's name from the Mortgage, either by Mortgage modification, payoff or refinancing, the house shall be sold. All proceeds derived from the sale shall be Husband's sole and separate property, (2) Husband acquired a property at 121 Pitt Street, Carlisle, Cumberland County, Pennsylvania prior to the parties' marriage and sold the property in 2002, Wife waives any claims to any increase in value in the property from the date of marriage to the date of the sale. (3) Husband owns an interest in real estate located at 2 Lemoyne Drive, Lemoyne, Pennsylvania, which was purchased by Husband prior to marriage. Wife waives any claim in Husband's interest to the said real estate. B. Liquor LicenselBusiness. Husband owned a retail beer liquor license as well as a beverage distributorship located at 121 Pitt Street, Carlisle, Cumberland County, Pennsylvania. This business was acquired by Husband prior to marriage and subsequently sold in 2001. Wife waives any claim to any increase in value to the property during the course of the mamage. C. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. D. Motor Vehicles. Each of the parties shall retain the motor vehicles titled In their name individually and to the extent either party has any claim against the other's vehicles, they are waived by the terms of this Agreement. Each party will be responsible for insuring the vehicle in their individual name. 4 E. Life Insurance. Each party shall retain as their sole and separate property any life insurance in their name individually, F. Pension and Retirement Benefits. The parties have certain pension/retirement benefits in their names individually. Wife is employed by Dauphin County and has a pension plan through Dauphin County. Husband has several IRNSEP accounts in his name individually, Any pretax pension/retirement accounts in the name of the individual shall remain their sole and separate property. Each party will execute any documents necessary, as requested by the other, to waive said benefit at any future point. G. BanklBrokera2e Accounts. Each party shall retain as their sole and separate property any bank accounts or brokerage accounts in that parties' name individually. H. Equitable Distribution Payment. Husband agrees to pay to Wife at the time of the execution of this Agreement the sum of $55,000.00 in full settlement of all claims regarding equitable distribution. This payment shall be treated as equitable distribution and shall have no tax consequence to either party, I. Miscellaneous Property. As ofthe execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5 K. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. L. Marital Debt. In addition to the mortgage referenced in paragraph 4(A)(I) hereof, the parties borrowed from Commerce Bank on a line of credit during the marriage a sum of money in order to payoff Wife's credit cards. The said loan is in joint names. The balance of the said loan currently is approximately $30,000.00. Husband agrees that he will assume as his sole and separate responsibility the balance due on the line of credit and he will indemnify and hold Wife harmless on this obligation. If any claim, action or proceeding is hereinafter instituted seeking to hold wife liable for such debt, Husband will at his sole expense defend Wife against any such claim, action or proceeding whether or not well-founded and indemnify her against loss resulting therefrom. Further, Husband shall immediately have Wife's name removed from the line of credit account so as to assure that she has no future liability on this account. If this can not be accomplished, then the line of credit account shall immediately be closed. M. Medical Insurance. Wife agrees to maintain Husband on her medical insurance through Dauphin County. Husband agrees to pay to Wife reimbursement for the said Insurance the sum of $500.00 per month. Wife's obligation to carry Husband on health Insurance shall terminate upon the termination of the insurance coverage, the issuance of a Decree in Divorce or Husband's failure to pay the $500.00 per month payment to Wife. Wife will continue to keep Husband covered on the insurance so long as she can do so through her 6 employment with Dauphin County and under the same circumstances as her current coverage. Until Wife's medical coverage through her employer changes and she can no longer keep Husband on her coverage or he switches to COBRA coverage at the time of the Decree in Divorce, Husband shall be responsible to pay the $500.00 per month to Wife. Thereafter, the COBRA coverage will be paid by Husband directly to the insurance company should he elect said coverage. The coverage shall terminate upon the entry of a Decree in Divorce. The payment to Wife referred to herein shall also terminate upon the termination of the coverage, N. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. O. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. P. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith, Q. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate 7 may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore tiled joint federal and state tax returns, Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 7. SUPPORT/ALIMONY PENDENTE LITE/ALIMONY. Husband and Wife hereby expressly waive and discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and 8 shall include, but not be limited to, a waIver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the tenns of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future, The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation 9 under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of ] 980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, 10 D, Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, reSCISSIOn, or amendment to this Agreement shall be effective unless in writing signed by each ofthe parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated In any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 11 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: William T. McCall 606 Gale Road Camp Hill, P A 17011 and to Wife, if made or addressed to the following: Traccy E. McCall 515 DeWitt Avenue Harrisburg, P A ] 71 09 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and etfect in the event of the parties' divorce. There 12 shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties, This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of ] 980, as amended, and in addition, shall retain any remedies in law or in equity under this 13 Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. laAV!JiV,l /;;(~/~ WITNESS ~:t~:;~ l71cud!{ Tracey E. Mc~ll i I #tffi.hY1l,fflch William T, McCall \" 14 COMMONWEALTH OF PENNSYLVANIA ) ( ) SS: COUNTY OF DAUPHIN " j1l ~'" On this, the c '1~ day of i ,2005, before me, a Notary Public, the undersigned 0 . er, ersonally appeared Tracey E, McCall, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. / 7{ ucl~ Notary Public ~ ~ /YL/,4 I NOTARiAl SEAL MICHelE KUSERY,GIlANT Notary Public CIIY OF HARRISBURG, DAUI'HIN COUNlY My Commission Expires Nov 5. 2007 COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF DAUPHIN On this 18th day of July, 2005, before me a notary public, the undersigned officer, personally appeared WILLIAM T. McCALL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) ~~f~, NOT Y:/ u'BHC --' H OF PENNS M Notarial Seal Cheryl L. Baker, Notary PubIlc My~':;:" Da~phln County E>pft'es Jan. 13,2007 Member, Pennsy!vQnlaAsIt)clRtlQn of NotaItea ("", , -"-...) () To ::-1 I,;.;;-=g L_ \..C) -/ (,.~ u.. ...." " TRACEY E. McCALL, Plaintiff : IN THE COURT Of COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4861 WILLIAM T. McCALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon counsel for the Defendant as evidenced by the Acceptance of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: De(:ember 23,2005; by Defendant: January 5, 2006. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated July 29, 2005. .. , 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, ifthe decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice oflntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301 (c) ofthe Divorce Code: by Plaintiff: December 23,2005; by Defendant: January 5, 2006. and, date of filing of the Waiver of Notice oflntention to Request Entry of a Divorce Decree: Plaintiff's and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: \ to b r; '- , ~:) -:'" c.) \....':' ~;;-~; ::;:! 1";1--' j 1-- -T~ TRACEY E. McCALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4861 WILLIAM T. McCALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 15,2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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 ofthe Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER l\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! do not claim them before a divorce is granted. 3. I understand that 1 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities. Date: 12/23/05 _/1/ .. ,./" ".- ~;I{I{(, / /I/~&('.(~ / If / Tracey E. McCall, Plaintiff .....----- "'",' c::.~ ~:~? (~ -'I ,-I -t" r-;'j ~~.... ..'--''" c:' (.,,/ C.) - TRACEY E. McCALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4861 WILLIAM 1. McCALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 15, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service ofthe Complaint. 3, I consent to the entry of a final decree of divorce after service of Notice ofIntention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn talsification to authorities. Date: I -(,- - 0 i.o ;N;d/~ / /??/~ William 1. McCall, Defendant ....> <:'~.:: <-., o;,'~r. o -n ..... -C---:'l, fnf'~; r_ .',~;" ::~""~ "",'.- \_::'.' -, fe) C) :+.+.+.:+. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +.:+.+.+.+.+.:+.+.+.+.+.:+.+.+.+.~:+.+.+.+.:+.+.+.+.+.+.+.+.+.+.+.+.+.+.+.:+.:+.~:+.+.+.+.+.+.+.+.+.:+.+:+.:+.+.+.:+.:+.+.+.+.+:+.:+.:+.+.:+.+.+.+.+.+.:+.+.+.~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. 'T'R)\~FY F. Mr('nT.T No. 03-4861 Plaintiff VERSUS WILLIAM T. McCALL, Defendant DECREE IN DIVORCE AND NOW, \~ \ IT IS ORDERED AND l"'O 2006 --' DECREED THAT Tracey E. McCall , PLAINTIFF, AND Wil1iam T. , DEFENDANT, McCall + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ; , '- - -.; .-. - +:+.++.+.++.+.+.+.+.++.+.+.+.~+.+.+.+.++.+++.:+.+.+:+.+:+.+.+++.++.+.+:+.+.:+'+'+'+':+'+:+'+'++:+'+:+.:+.++.+:+.+.+.++.:+.+++.++++++:+.+. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION ~Qw<'" FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital is hereby Settlement Agreement incorporated, into this but not merged, ", BYTHECOU~~~' ~ l 1<1) ~ PROTHONOTARY J. '~Z1~/f,I/ fltl ~ /~~ 7!L,J:? Ll / ,11""'*7 fir :z ~ 4Gy JC"?77. U / . ,\. <- -; ~..