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HomeMy WebLinkAbout07-5368 BONNIE J. MCCARTHY, :IN THE COURT OF COMMON PLAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW :IN DIVORCE RICHARD L. MCCARTHY, Defendant :NO. d'`j - ,$',3(.~ ~t u ~ ~~ 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 aze 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 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Cazlisle, Pennsylvania 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 Baz Association 32 S. Bedford Street Cazlisle, PA 17013 (717) 249-3166 (800) 990-9108 BONNIE J. MCCARTHY, Plaintiff v. RICHARD L. MCCARTHY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :IN DIVORCE :NO. d~ - 53~ G~;L7~„1 COMPLAINT AND NOW comes the Plaintiff, Bonnie J. McCarthy, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Bonnie J. McCarthy, is an adult individual residing at 1111 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Richard L. McCarthy, is an adult individual residing at 1111 Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on September 19, 1992. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff s marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Bonnie J. McCarthy, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal 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, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 2 WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Bonnie J. McCarthy, respectfully requests the Court to divide all marital property equitably between the parties. DATED: ~''"~'O~ Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 3 ~- T VERIFICATION I, Bonnie J. McCarthy, hereby verify that the statements made in the foregoing document 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 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: ~'~~~ '~ Bonnie J. McCarth ~o ~``' W ~ ~ ~~ r^ ~a ,,C l::J i +i w ~i BONNIE J McCARTHY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -DIVORCE RICHARD L. McCARTHY, NO. 07-5368 Civil Term Defendant ACCEPTANCE OF SERVICE I, Richard L. McCarthy, hereby accept service of the Divorce Complaint, filed in the above-captioned action on behalf of the Plaintiff, Bonnie J. McCarthy. DATED: ~,/!~' ' G ~Q o~ o ~- Richard L. McCarthy ~..., r-~ ~a =~ c ~ -,-~ - ~~ :.r i -~- ~ 4~, .- ~ __.. ~ ~.. t„;, , {.{7 ~~,~ C:J ."~ BONNIE J. MCCARTHY, Plaintiff v. RICHARD L. MCCARTHY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :IN DIVORCE :NO.07 -- 5368 NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice is hereby given that the Plaintif in the above-captioned matter, a Final Decree in Divorce having not yet been granted, hereby elects to retake and use her previous name of Bonnie J. McCann and gives written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. §704. ~o Bonnie J. McCarth • To be Known as: 0 Bonnie J. McCann COMMONWEALTH OF PENNSYLVANIA ) ,~ P )SS: On the ~ay of ~,~~ , 200~efore me, a Notary Public, personally appeared BONNIE J. MCCA HY, now known as BONNIE J. MCCANN, known to me or satisfactorily proven to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand i F P NNSY V NOTARIAL SEAL ELIZABETH S. gECKLEY, NONry Public ~~E 1C7~2019 Z~D4 APB 27 P~•~ ?~ ~ @,ic.~' ~ a~~~ .. t BONNIE J. MCCARTHY n/k/a :IN THE COURT OF COMMON PLEAS OF BONNIE J. MCCANN, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, :CIVIL ACTION -LAW n r' ,~~ :IN DIVORCE -~ '" ~. ~`~' ~ RICHARD L. MCCARTHY, . ' `~ =~, Defendant :NO.07 -- 5368 ~ , `~`' Q' _, -' `~- ~r .~. ' r- t AFFIDAVIT OF CONSENT 1, (.,'~ 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 7, 2007. 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. § 4904 relating to unsworn falsification to authorities. Dated: ~ ~l~ l ~~~~ ~~ CJ~^ Bonnie J. McCann ... BONNIE J. MCCARTHY n/k/a :IN THE COURT OF COMMON PLEAS OF BONNIE J. MCCANN, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :CIVIL ACTION -LAW ~v :IN DIVORCE~c_~_', -~~~ ; y Q RICHARD L. MCCARTHY, ~ T' n, ;:' Defendant :NO.07 -- 5368 ~ `' ,,,,. ;- °, Q, ^~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DI~pRC 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. § 4904 relating to unsworn falsification to authorities. Dated: r.~`~J -'~~ -~ s ~~ "'F7 ~', ~= .-,. -(1 -f % ['i ~m z~ m • , J. McCan Bonnie BONNIE J. MCCARTHY n/k/a :IN THE COURT OF COMMON PLEAS OFV BONNIE J. MCC~ANN, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, :CIVIL ACTION -LAW :IN DIVORCE RICHARD L. MCCARTHY, N Defendant :NO.07 -- 5368 ~ a `~; -~, ~-;~' -r1 ---~ ;:,, - a r;5 ~> > ~ , AFFIDAVIT OF CONSENT ~' -' ~ c;, _n `-.' r.~: ~ r- ~~ :..A: .:Y,~ _... (_.~ 1. A complaint in divorce under Section 3301(c) of the Divorcee was ~ `T' =~ ~ filed on September 7, 2007. ° ` ~ 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. § 4904 relating to unsworn falsification to authorities. ~~ ~~f..~ Dated: Februar 1, 2010 ~ +~ ~' Y Richard L. McCarthy ~ ~~ BONNIE J. MCCARTHY n/k/a :IN THE COURT OF COMMON PLEAS OF BONNIE J. MCCANN, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, :CIVIL ACTION -LAW :IN DIVORCE N RICHARD L. MCCARTHY, {' Defendant :NO.07 -- 5368 ~-_ ~`ny ~ ~-~ ~ ~ ~,~ -ry tT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A FORCE `' f ~' DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODS ~- ~ `' '' C... (..~~ ~ C7 e 1. I~ consent to the entry of a final decree of divorce without notice. ~~~ ~' w` 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. § 4904 relating to unsworn falsification to authorities. Dated: February 1, 2010 "'""""""rrTTr ~r - / Richard L. McCarthy (j 7- 53 ~O PROPERTY SETTLEMENT AGREEMENT This is a Property Settlement Agreement entered into this ~ day o€ , 2009, by and between RICHARD L. MCCARTHY, of Hood County, Texas (hereinafter c~ -.,, referred to as "Husband"), `t^_ ` ' ~` -,, and BONNIE J. MCCANN, of Dauphin County, Pennsylvania (hereinafter ref€iied to as -~, ..Wife"). ~ ~_ =~: c.., WITNE5SETH: ~~~ `"' WHEREAS, Husband and Wife were lawfully married on September 19, 1992; and WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their ~~ ~,~=n-- Y"f77 .~`~' ~~~ ~~ 1 living apart. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by the party which incurred such debt, obligation or liability, unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever 2 with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. 6. BANK ACCOUNTS. RETIREMENT ACCOUNTS AND INSURANCE: Husband and Wife are owners of individual savings, checking and pension accounts and insurance at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section. 7. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Husband under this Postnuptial Agreement. 3 8. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial Agreement. 9. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred or contracted for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 10. DIVISION OF REAL PROPERTY: Husband and Wife jointly owned the marital residence, situated at 1111 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania. The property was sold on March 31, 2009, and the parties received the sum of $274,391.33 which is being held in escrow by the law firm of Beckley & Madden. 4 Husband and Wife agree that Wife is owed the sum of $2,000.00 for repairs made to the marital residence prior to the sale of the same. This amount will be paid to Wife off the top from the proceeds being held in escrow. Husband and Wife also agree that after Wife is reimbursed for the above- mentioned expenses, Husband will receive the sum of $55,000.00 from the proceeds being held in escrow in recognition of the equity Husband put down on the marital residence as a result of premarital funds that were his alone. Husband and Wife further agree that Wife will also receive the sum of $9,000.00 from the proceeds being held in escrow to be used for the purchase of health insurance for the parties. This money is to be applied to the cost of the parties' COBRA family plan health insurance through Wife's former employer Triad Strategies LLC. Said health insurance will begin May 1, 2009 and continue through January 31, 2010. In the event Wife would receive any sort of refund for the cost of said health insurance, the parties agree to divide this refund evenly between them. The balance of the proceeds being held in escrow, after all the above-mentioned items are paid, will be divided evenly between the parties. Finally, Husband and Wife agree that Wife will be entitled to claim the mortgage interest from the marital residence for 2008 on her tax return. 11. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Husband was the owner of an Ameriprise Financial Advisors franchise which was 5 purchased during the marriage. This business has been sold and Wife received the first $90,000.00 from the sales agreement as her share of the equitable distribution of said business and not as alimony. Husband will become the sole and separate owner of all remaining balances due and owing under this sales agreement. Husband will also be solely and separately responsible for any and all tax liability that may be due as a result of the sale of said business. Husband and Wife further agree that any business enterprises established by either of them after September 1, 2007, will become the sole and separate property of the individual that started the business. 12. AUTOMOBILES AND BOAT: Husband and Wife agree that Husband shall be the sale and separate owner of the 1994 Plymouth Voyager and the 2005 Honda and Wife shall become the sole and separate owner of the 2004 Toyota Prius and the 15' Mutineer sailboat. Husband and Wife agree to assume all responsibility for any outstanding debt balance on his or her respective vehicle, indemnifying and holding the other harmless from any financial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said automobiles and boat. 13. LIFE INSURANCE POLICIES: Husband and Wife agree to waive any and all claims and relinquish all rights and interest they may have in any and all life insurance policies of the other. 14. COUNSEL FEES: Husband and Wife agree that each will be solely and separately liable for his or her own counsel fees. 15. BREACH: If either party breaches any provision of this Agreement, the 6 other party shall have the right, at his or her election, to sue for damages for such breach, to sue for specific performance, and to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. Husband and Wife agree that they shall remain legally married until January 31, 2010, in order for them to be able to continue their current health insurance. Husband and Wife further agree that they will each sign an Affidavit of Consent and Waiver of Notice and any other documentation required to complete their divorce as of February 1, 2010. 17. VOLUNTARY EXECUTION: Wife has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire, as her attorney. Husband has had the opportunity to obtain counsel for himself but has chosen not to employ counsel on his behalf. Mach party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts 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/or with such knowledge as each. party desires, 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. Also, each party hereto acknowledges that 7 under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. This Agreement shall be binding upon the parties hereto, and there respective heirs, executors, administrators and assigns. 19. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by both parties with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. 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. 8 21. INCORPORATION: In the event that the parties obtain a divorce, a divorce decree issued by a Court of competent jurisdiction may incorporate the terms of this Agreement, but such incorporation shall not operate as a merger of this Agreement into the divorce decree, and this Agreement shall continue in full force and effect independently of such divorce decree. 22. DATE OF EXECUTION/EFFECTIVE DATE: 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 did 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. This Agreement shall become effective and binding upon both parties on the execution date. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. Witness: C Richard L. McCarthy .O . • / l L., ~"atii ~ S'r`i' Bonnie J. McCann 9 STATE OF TEX/lA' S COUNTY OF rP~~` j SS.. On this the ~_ day of ~u-,mac- , 2009, before me, the undersigned officer, personally appeared RICHARD L. MCCARTHY, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. a~ ~ t ~ J4,~RY F°I?~?!I~ `" ~ `' _ ~~ ~XAS Notary Public My Commis ~'~ ~~ t~"g ~''' ~ ~ ~~-i1-2oio ,u.{~.rrr,n COMMONWEALTH OF PENNSYLVANIA ) j ) SS.: COUNTY OF ~=~- ) L~/ ~ On this the ~_ day of , 2009, before me, the undersigned officer, personally appeared BONNIE J. CCANN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereon My Commission Expires: CON~ApNWE_ A_LTH OFPENN YLVAN NOTARIAL SEAL ELIZABETH S. BECKLEY, Notary Public City of Harrisburg, Dauphin County My Commission Expires March 17, 2073 10 BONNIE J. MCCCART'Y n/k/a : IN THE COURT OF COMMON PLEAS BONNIE J. MCCANN, :CUMBERLAND COUNTY, PENNSYLV~II~ - Plaintiff -- o ~; ~~~ ±~ ~ :CIVIL ACTION -LAW ~ ~ ~ "~ ~ ~ .. v• : IN DIVORCE ~, «z ,, ~~, . _ ~, , Q RICHARD L. MCCARTHY, : NO. 2007 CV 6~i.'~53(Q$ ?>~~^~ ~ ,;; ~~~ Defendant =: ~ =' . ~` W ~~ ~ =° ~ ~j f'r~ .„t PRAECIPE TO TRANSMIT RECORD ~ '~' ~-3 TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Defendant by him personally accepting service on September 8, 2007. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on February 15, 2010; by defendant on February 1, 2010. 4. Related claims pending: All economic claims raised were resolved by a Property Settlement Agreement signed by the parties dated July 1, 2009, and the same is being filed contemporaneously herewith. 5. (a) Date plaintiff's Waiver of Notice February 15, 2010, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice February 1, 2010, and it is being filed contemporaneously herewith. DATED; ~~i ~~ R fully ub fitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 ,~ li eth S. ec e Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE J. MCCARTHY nka BONNIE J. M~ V. RICHARD L. MCCARTHY NO 07 -- 5368 DIVORCE DECREE AND NOW, ~.yru~r l~ 0201 U , it is ordered and decreed that BONNIE J. MCCARTHY nka BONNIE J. MCCANN plaintiff, and RICHARD L. MCCARTHY ,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: (lf no claims remain indicate "None.") None. The Property Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the Court, Attest: J. ~~~ Prot onotary ~~