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HomeMy WebLinkAbout03-5550TAMRA L. SCANLON, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. d)3 ~4'~'~<-O c,~ : CIVIL ACTION - LAW TIMOTHY M. SCANLON, : 1N DIVORCE Defendant NOTICE TO DEFEND AND CLA/M 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 of 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisl6, PA 17013 800-990-9108 TAMRA L. SCANLON, Plaintiff V. TIMOTHY M. SCANLON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES Plaint'n~, Tamra L. Scanlon, by her attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff, Tamra L. Scanlon, is an adult individual residing at 320 15th Street, New Cumberland, Ctnnberland County, Pennsylvania, 17070. 2. Defendant, Timothy M Scanlon, is an adult individual residing at 320 15~ Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Both Plaintiff and Defendant have been bonafide residents in the Commonwealth and County of Cumberland for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 13, 1990, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been two children bom of this marriage. Hanna, bom December 28, 1994 and Reed, bom May 22, 1996. 6. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have 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. proceeding are: The causes of action and sections of the Divorce Code under which Plaintiff is A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WI~REFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce fi.om the bonds of matrimony. Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff 2 TAMRA L. SCANLON, Plaintiff V. TIMOTHY M. SCANLON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT TAMRA L. SCANLON, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. TAMP~ L. SCANLON VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Compla'mt are true and correct to the best of my knowledge, information, and belief I understand that false statements herein made are subject to the criminal penalties of 18 PaCS. § 4904, relating to unswom falsification to authorities. TAM1LA L. SCANLON I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attomey For Plaintiff PR OPER TY SE ITL EMENT AGREEMENT THIS AGREEMENT, made this c¥'kg, day of ~,-x~,~c~ ,2004, by and between Timothy M. Scanlon, hereinafter called "Husband," and Tamra L. Scanlon, hereinafter called "Wife.' WITNESSETH: WHEREAS, Husband and Wife were legally married on October 13, 1990. WHEREAS, two children were born of this marriage, Hanna, born December 28, 1994 and Reed, born May 22, 1996; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the panics hereto that: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unman'led, except as may be necessary to carry out the provisions of this Agreement. Neither pan~ shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DMSION OF REAL PROPERTY a) Wife has already transferred to Husband all her right, title and interest in and to the real estate located at 320 15z Street, New Cumberland, Cumberland County, Pennsylvania, 17070, formerly titled in the name of Husband and Wife (former marital home). b) Husband represents that Wife's name has been removed from the mortgage obligation on the former marital home and Husband agrees to indemnify and hold Wife harmless from any mortgage obligation securing the former marital home. 4. DMSION OF PERSONAL PROPERTY Except as provided herein, the parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and ail 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. Wife shall receive and claim as her own: wood dinette table and chairs, reclining chair, wood dresser, digitai camera and metal and glass desk. 2 5. EOUITABLE DISTRIBUTION a) Husband agrees to pay to Wife in the form of equitable distribution the sum of Eighteen Thousand ($18,000.00) Dollars within 30 days of the date of this Agreement or immediately before closing on Wife's purchase of a home, whichever comes first. b) Husband shall receive and retain as his sole and separate property: American Express Financial Variable Universal Life Account #0909 0271 5779 3 004 and PSECU Checking Savings and Visa, Account # 160-58-4560. c) Wife shall receive and retain as her sole and separate property: Calvert Money Market account; American Express Financial Mutual Fund (account numbers: 011 5455 3995 6 002, 011 9455 3995 2 002, 012 6455 3995 3 002, 013 1455 3995 6 002, 013 5455 3995 2 002 and 013 9455 3995 lg 002); American Express Financial Annuity Account #0931 0339 7623 0 004; American Express Financial Certificate Account # 0063 0960 6273 0 001; and PSECU Checking and Savings account #167-60-7437. 6. PENSIONS Each party shall retain as their sole and separate property any pension plans and benefits in their own name including, but not limited to, PSERS, IRAs, 401(k) plans, 403(b) plans, or other pension benefits. 7. MOTOR VEHICLES Wife shall retain the 1998 Pontiac Transport as her sole and separate property and Husband shall retain the1996 Lexus LS400 as his sole and separate property. The parties agree to execute any and all documents necessary to accomplish the terms of this paragraph. 8. CREDIT CARDS Each party shall assume sole responsibility for the credit card in their name individually. 9. LIFE INSURANCE Each party shall retain any life insurance policies in their names individually including any cash value related thereto. 10. TAX RETURN The parties agree that they will file joint Federal and Commonwealth of Pennsylvania Tax Returns for the tax year 2003 and will divide any refunds equally or be equally responsible for any taxes due. For tax year 2004 and thereafter, the parties will file individual returns. Husband shall claim Hanna as a dependency deduction and Wife shall claim Reed. The parties agree to execute and exchange any documents needed to effectuate their dependency deductions. 11. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts 4 relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 13. ADDITIONAL INSTRUMENT Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 14. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' 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 Wife shall indenmify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 15. ItUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' 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 Husband shail indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 16. WAIVERS OF CLA/MS AGAINST ESTATES Except as herein other./se provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or 5 the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. REPRESENTATION It is recognized by the parties hereto that Tamra L. Scanlon is represented by Jay R. Braderman, Esquire and Timothy M. Scanlon chooses not to be represented, but is of full age and sui juris~ It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereo£ 18. VOLUNTARY EXECUTION The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 19. 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. 6 20. PRIOR AGREEMENT It is understood and agreed that any and all property settlement agreements which may or have been executed pr/or to the date and time of this Agreement are null and void and of no effect. 21. MODIFICATION AND WAIVER Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed 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. 22. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. VOID CLAUSES If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 26. DIVORCE ACTION The parties shall, at the time of the execution of the Agreement, execute documents pending under said action, indexed to number 03-5550 Civil Term, in the Cour~ of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 27. DOMESTIC RELATIONS CODE OF THE COMMONWEALTlt OF PENNSYLVANIA Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN I'VITNE$S WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: TAMRA L. SCANLON 9 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF : On this, the ~'~day of ~'~f~ar~c'x/ ,2004, before me, a Notary Public, personally appeared Timothy M. Scanlon, known,tiro me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein comained. IN W/TNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rose Ann Fritz, Notary Publ c Cir~ of Harrisburg, Dauphin County Commission Expires l~c. 31, 2006 ~ber, Oennsy~vaniaAssociationot Notaries SS. COUNTY OF On this, the ~r~day of ~_'~j~ ~-~ ! , 2004, before me, a Notary Public, personally appeared Tamra L. Scanlon, known to meJto be the person whose name is subscribed to the within Property 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. Roae Ann Fritz NoUa7 Public ¢lt~ of I~r~s~'S, l~in ~4~ Commissioe Expires Dee. 31. 2006 TAMRA L. SCANLON, Plaintiff TIMOTHY M. SCANLON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5550 CIVIL : CIVIL ACTION - LAW : 1N DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. DATE: /~/~ ~fendant TAMRA L. SCANLON, Plaintiff V. TIMOTHY M. SCANLON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5550 CIVIL : CIV/L ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in Divorce under Section 3301 (c) of the Divorce Code was fled on October 21, 2003. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce a/ter service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this afl~davit 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 unswom falsification to authorities. Date: 1/30/04 Tamra L. Scanlon SSN: TAMPA L. SCANLON, Plaintiff V. TIMOTHY M. SCANLON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5550 CIVIL CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyeds fees or expenses ifI 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 mediately after it is filed with the Prothonotary. I understand 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: 3./30/04 Tamra L. Scanlon SSN: TAMRA L. SCANLON, Plaintiff TIMOTHY M. SCANLON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5550 CIVIL : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in Divorce under Section 330 l(c) of the Divorce Code was filed on October 21, 2003. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi'om the date of filing and service of the Complaint. 3. I consent to the entry ora final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divorce is granted. 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 unswom falsification to authorities. .. .~ TAMRA L. SCANLON, Plaint'flY V. TIMOTHY M. SCANLON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5550 CIVIL : CIVIL ACTION - LAW : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301¢c) OF ~ 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 ifI do not claim them before a divome is granted. 3. I understand that I will not be divorced unt'fl a divome 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 understand 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 unswom falsification to anthoritie~ Date: 3./30/04 ~im/ot h~y M.(~on TAMRA L. SCANLON, Plaintiff TEMOTHY M SCANLON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5550 CIVIL : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infommtion, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: October 24, 2003 via personal service. A copy of the Acceptance of Service is attached hereto. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, January 30, 2004. By Defendant, January 30, 2004. Both Affidavits of Consent are being filed simultaneously with this Praecipe. 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(0 or 3301(d)(1)(i) of the Divorce Code: Pla'mfnTs Waiver executed on January 30, 2004, and is being filed simultaneously with this Praecipe; Defendant's Waiver executed on January 30, 2004 and is being filed simultaneously with this Praecipe. Respectfully submitted, Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Pla'mtiff IN THE cOUrT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~f~. PENNA. TAMRA L. SCANLON, PLAINTIFF NO. 03-5550 VErsus TIMOTHY M. SCANI3~N, CML DECREE IN DIVORCE AN D NOW, DECREED THAT TAMRA L. SCANLON AND TIMOTHY M. SCANLON ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~/ , It IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLA[M$ WHICH HAVE BEEN RAISED OF RECORD IN THIS ACT]ON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Property Settlement Agreement is incorporated but not merged in~o this Divorce Decree. BY THE C.OURT: / ATTEST: , ~ PROTHONOTARY tern f G. L C O?n U !1 : IN THE COURT OF COMMON PLEAS (NAME OF PLAINTIFF ON DIVORCE COMPLAINT) :Cv1na&ebW COUNTY; PENNSYLVANIA V. NO: y3 55503 c li v l t.. (NUMBER FOUND ON DIVORCE COMPLAINT) ry,o? by CCl . 5 c0-n 1-O On (NAME OFD ENDANT ON DIVORCE COMPLAINT) C FIB C=- NOTICE TO RESUME PRIOR SURNAME -nom rneo ?:o -0 r-, Notice is hereby given that the ® Plaintiff E] Defendant in the above matter C?5 r- ? - c r-? ? prior to the entry of a Final Decree in Divorce nCj =- z r OR ' a rU ( after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of o,m r Ck- L'--l n n 0,, n rl and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. § 704. Date: r7 ' fl P(-, " c) V C AU c_ J Signature of Current Name Signature of Resumed Name COMMONWEALTH OF PENNSYLVANIA COUNTY OF CulnBE-R 4AND SS On the ? day of v20/? , before me, a Notary Public, personally appeared the abont known to me the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In witness whereof, I have hereunto set my hand and official seal. 4 /3.0 yo/ ?Plg Cc?4 z -7zl 93-3 ,0?at,? ? Q? Notary Public My Oa?? ?M MMMq d?M.lIN ? .AIL b tis< 1apt.?t a?ri+ m t,s: