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HomeMy WebLinkAbout08-6872TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 RICHARD P. CALLAHAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. pg - b $ ?'? (2 L 1 JULIANE M. CALLAHAN, § CIVIL ACTION - DIVORCE/CUSTODY Defendant § 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 will proceed without you and a decree in divorce or annulment may 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 One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 RICHARD P. CALLAHAN, § Plaintiff § V. § JULIANE M. CALLAHAN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV DV CIVIL ACTION - DIVORCE/CUSTODY AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se la avisa que si no defiende, el caso puede proceder sin usted y decreto de divorcio o anulmiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantas para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE OR NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 RICHARD P. CALLAHAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. CV DV JULIANE M. CALLAHAN, § CIVIL ACTION - DIVORCE/CUSTODY Defendant § COMPLAINT UNDER SECTION 3301(c) OR 3301(j OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Richard P. Callahan, by and through his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Richard P. Callahan, an adult individual currently residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Juliane M. Callahan, an adult individual currently residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 22, 1986 in Chambersburg, Franklin County, Pennsylvania. 5. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since February 15, 2007, and continue to live separate and apart as of the date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety (90) days from the date of the filing of this Complaint, consent to this divorce. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff prays that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. COUNT I EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(A) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Amended Complaint. 13. Plaintiff requests that this Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that this Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT II - CUSTODY 14. 15. 16 17 18 Paragraphs 1 through 13 are incorporated herein by reference as if set forth in their full text. Plaintiff seeks primary physical custody of the following children: Name Present Address Age- Ryan P. Callahan Craig Callahan 1032 Country Club Road Camp Hill, PA 17011 1032 Country Club Road Camp Hill, PA 17011 The children were born in wedlock. 16 (D.O.B.8/10/1992) 10 (D.O.B 3/31/1998) The children are presently in the custody of the Plaintiff, Richard P. Callahan, who resides at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. During the last five years, the children have resided with the following persons at the following addresses: Persons : Address: Dates: Plaintiff 1032 Country Club Road Birth Dates - Present Defendant Camp Hill, PA 17011 19. The mother of the children is Defendant, Juliane M. Callahan, currently residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 20. The father of the children is Plaintiff, Richard P. Callahan, currently residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 21. The relationship of the Plaintiff to the children is that of father. 22. The relationship of the Defendant to the children is that of mother. 23. Plaintiff has not participated as a party in other litigation concerning the custody of the children in a court of this Commonwealth or any other state. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 26. The best interests and permanent welfare of the children will be served by granting the relief requested. The quality of the children's physical, intellectual, moral and spiritual environment would be improved by Plaintiff's continued interaction in his children's lives. Specifically: A. Mother is currently committed to the Mental Health Unit of Holy Spirit Hospital for her drug and alcohol abuse and addiction; B. On Sunday, November 9, 2008, Mother was under the influence of drugs and was in a car accident with the parties' minor child in the passenger seat; C. Mother had a DUI in April 2008; D. Mother is charged with forging the parties' son's prescription for medication; E. Mother choked the parties' minor son on 11/9/08 and on several occasions in the past; and F. Mother continually abuses the children, both physically and emotionally and uses vulgar language around the children. WHEREFORE, Plaintiff requests the Court to grant him primary physical Custody of the Children. Respectfully submitted, By: :1?(, 4 Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. V P/V? -Ir? Date Richard P. Callahan, Plaintiff 0 t? C,a (ZI rn ^-'49 r 0 1 s- ? ao W Ci r Q f .:s Y,J t-? N CD rv 'via n RICHARD P. CALLAHAN, § IN THE COURT OF COMMON PLEAS OF Petition/Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA JULIANE M. CALLAHAN, § CIVIL ACTION - DIVORCE/CUSTODY Defendant § EMERGENCY PETITION FOR CUSTODY PURSUANT TO 23 Pa.C.S. 5310 AND NOW, comes the Petitioner, Richard P. Callahan, by his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Petitioner, Richard P. Callahan, is an individual currently residing at 1032 County Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent, Juliane M. Callahan, is an adult individual currently residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary physical custody of the following children: Name Present Address I- Ryan P. Callahan Craig Callahan 1032 Country Club Road Camp Hill, PA 17011 1032 Country Club Road Camp Hill, PA 17011 16 (D.O.B.8/10/1992) 10 (D.O.B 3/31/1998) 4. The children were born in wedlock. 5. 6. 7. 8. 9. 10. it. 12. The children are presently in the custody of the Plaintiff, Richard P. Callahan, who resides at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. During the last five years, the children have resided with the following persons at the following addresses: Persons : Address: Dates: Plaintiff 1032 Country Club Road Birth Dates - Present Defendant Camp Hill, PA 17011 The mother of the children is Defendant, Juliane M. Callahan, currently residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. The father of the children is Plaintiff, Richard P. Callahan, currently residing at1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. The relationship of the Plaintiff to the children is that of father. The relationship of the Defendant to the children is that of mother. Plaintiff has not participated as a party in other litigation concerning the custody of the children in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 13. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. The best interests and permanent welfare of the children will be served by granting the relief requested. The quality of the children's physical, intellectual, moral and spiritual environment would be improved by Plaintiff s continued interaction in his children's lives. Specifically: A. Mother is currently committed to the Mental Health Unit of Holy Spirit Hospital for her drug and alcohol abuse and addiction; B. On Sunday, November 9, 2008, Mother was under the influence of drugs and was in a car accident with the parties' minor child in the passenger seat; C. Mother had a DUI in April 2008; D. Mother is charged with forging the parties' son's prescription for medication; E. Mother choked the parties' minor son on 11/9/08 and on several occasions in the past; and F. Mother continually abuses the children, both physically and emotionally and uses vulgar language around the children. WHEREFORE, Plaintiff requests the Court grant him primary physical Custody of the Children. Respectfully submitted, --X? A. Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner/Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Emergency Petition for Custody are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Richard P. Callahan CD r ry= --- i.. } - f RICHARD P. CALLAHAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6872 CIVIL ACTION LAW JULIANE M. CALLAHAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 26, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on MondaV, December 29, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esc. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VIA- 1? it .?'ea di •i? l1i?UG JAN 0 9 2009 "ft RICHARD P. CALLAHAN Plaintiff vs. JULIANE M. CALLAHAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6872 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I P day of 7L.wv4ry , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Kasey Shienvold or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Children. The parties shall equally share the costs of the evaluation in order to have the evaluation completed on a timely basis. However, the parties reserve the right to have the costs of the evaluation reallocated by the Court after the evaluation process is completed. Both parties shall participate in the evaluation in such a manner as to complete all appointments on a timely basis so that the recommendations can be obtained as soon as possible. 2. Pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall have custody of the Children as follows: A. The parties shall have shared legal custody of the Children. B. The Father shall have primary physical custody of the Children. C. The Mother shall have partial physical custody of the Children on alternating weekends, beginning Friday, January 9, 2009, from after school on Friday until Sunday at 7:00 p.m. Unless otherwise agreed, the Father shall provide all transportation for exchanges of custody. D. The Mother may have additional periods of custody with the Children as arranged by agreement between the parties. E. The parties agree to be flexible with regard to Ryan's schedule and to accommodate Ryan's preferences when appropriate. F. The Mother shall not consume alcohol during periods of custody with the Children. Neither party shall use drugs/medications except as specifically prescribed by a current treating physician. lc:8 jo ? y 3. Within sixty (60) days of receipt of the custody evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 4. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr. J. cc: '' Pbetha A. Tanner, Esquire - Counsel for Father ? Samuel L. Andes, Esquire - Counsel for Mother ifi 3?oq ? en RICHARD P. CALLAHAN Plaintiff vs. JULIANE M. CALLAHAN Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6872 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ryan P. Callahan August 10, 1992 Father/Mother Craig Callahan March 31, 1998 Father/Mother 2. A custody conciliation conference was held on December 29, 2008, with the following individuals in attendance: the Father, Richard P. Callahan, with his counsel, Tabetha A. Tanner, Esquire, and the Mother, Juliane M. Callahan, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached under which they will obtain a custody evaluation and professional recommendations concerning ongoing custody arrangements for the Children. The interim recommendations which are necessary, as there is no prior Order in this case, are based upon guidance from the Court provided following the conciliation conference. Date Dawn S. Sunday, Esquire Custody Conciliator RICHARD P. CALLAHAN, PLAINTIFF vs. JULIANE M. CALLAHAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6872 Civil Term IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above matter and acknowled receipt of a copy of that Complaint on or about December 10, 2008. ge ate: / 4-;o -0 M. Callahan iglish Drive icsburg, PA 17055 C' C=7' _ s r_, :C Y ?. 3 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff RICHARD P. CALLAHAN, § Plaintiff § V. § JULIANE M. CALLAHAN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6872 Civil Term CIVIL ACTION - DIVORCE MOTION TO COMPEL ANSWERS TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, Richard P. Callahan, by and through his attorney, Tanner Law Offices, LLC, and files this Motion to Compel Answers to Plaintiff s Request for Production of Documents, and, in support thereof, respectfully represents as follows: 1. Plaintiff, Richard P. Callahan, is the plaintiff in the above-captioned divorce action. 2. Defendant, Juliane M. Callahan, is the defendant in the above-captioned divorce action. 3. In Plaintiff's Complaint in Divorce, Plaintiff has requested, inter alia, the equitable distribution of marital property which request has placed Defendant's financial situation at issue in this matter. 4. On or about March 2, 2009, Plaintiff, through his attorney, sent to Defendant's attorney an informal request to obtain financial information relevant to his economic claims. 5. On or about June 4, 2009 Defendant's attorney provided a partial response to the informal request for financial information. 6. On or about June 9, 2009, Plaintiffs attorney requested further financial information. 7. On or about October 26, 2009, Plaintiff's attorney again requested further financial information. 8. On or about November 5, 2009, Plaintiff caused Plaintiffs Request for Production of Documents to be served on Defendant pursuant to Rule 1920.22(b)(1). 7. Answers to Plaintiff s Request for Production of Documents were due on or before December 9, 2009. 8. Plaintiff requires the information sought in Plaintiff's Request for Production of Documents in order to properly pursue his claims. 9. A copy of this Motion was faxed to counsel for Defendant on December 16, 2009. 10. As of the filing of this Motion, counsel for Defendant has not indicated his concurrence or non-concurrence. 11. Plaintiff does not request hearing or argument. 12. Discovery is not requested. . v WHEREFORE, Plaintiff, respectfully requests that this Court enter an order directing Defendant to file the Answers to Plaintiff's Request for Production of Documents pursuant to Rule 1920.22(b)(1) within ten (10) days of the date of this Order. Respectfully submitted, ??a' A. -Iaw"n? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff "Ipy 2 G C 9 NEC 21 Fit w: 5 t }, , r t t 3 DEC 2 2 2009 RICHARD P. CALLAHAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-6872 Civil Term JULIANE M. CALLAHAN, § CIVIL ACTION - DIVORCE Defendant § ORDER OF COURT AND NOW, this day of , 2009, upon consideration of Petitioner's Motion to Compel Answers to Plaintiff's Request for Production of Documents, it is hereby ORDERED and DECREED that: .k• 04t44 - - Defendant, Juliane M. Callahan, shall Answer Plaintiff's Request for Production of .? Documents within ten (10) calendar days of this Order. BY THE COURT: % J. Distribution List: Xmuel betha A. Tanner, Esquire, Tanner Law Offices, 1300 Market Street, Suite 10, Lemoyne, PA 17043 L. Andes, Esquire, 525 North Tw fth Street, P.O. Box 163, Lemoyne, PA 17043 11 ?r TI'F' F'D' ,r. NARY 2009 DEC 28 PH 2: 23 a s -t'?r RICHARD P. CALLAHAN, § Plaintiff § V. § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. A60-6-('9- ,a A § C) e.,Zl JULIANE M. CALLAHAN, § CIVIL ACTION - LAW -c, Defendant § r i § IN CUSTODY <j)r R, r=, STIPULATED CUSTODY AGREEMENT w" AND NOW, this 3 day of L C ".or , 2010, Richard P.=ta Qiafi.- residing in Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), and Juliane M. Callahan, residing in Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Craig Callahan, born March 31, 1998. A. Legal Custody: The parties and the legal guardian shall have shared legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address for the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent, within such reasonable time as to make the records and information of reasonable use to the other parent. In addition to the foregoing, the following shall also apply to the parties' legal custody rights and obligations: 1. Drugs and Alcohol: During any period of custody or visitation, neither parent shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication, nor permit any other household members and guests or other persons to possess or use any controlled substance or consume alcoholic beverages to the point of intoxication in the presence of the child. 2. No Derogatory Comments: Neither parent shall undertake, or permit by any other person, the poisoning of the child's mind against the other parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the child toward the other parent. At all times, each parent shall encourage and foster in the child a sincere affection for the other parent. 3. Telephone Contact: Both parents shall be afforded reasonable telephone contact with the child while in the other parent's custody and for said purposes each parent shall provide the other parent with his or her home telephone number. B. Physical Custody: 1. Shared Physical Custody: Mother and Father shall enjoy shared physical custody of the child to be exercised as the parties shall agree. This custodial schedule shall commence upon Mother's departure from the marital residence. 2. Vacation Schedule: Each parent shall be entitled to two (2) uninterrupted weeks of vacation time with the child per year. Each parent shall provide the other parent with thirty (30) days notice of his or her intention to exercise this period of physical custody. a. Conflict: Should a conflict arise between the selection of said week the first parent to notify the other parent of his or her selection shall have the right to exercise physical custody on the week selected and the other parent shall select other times for his or her week so as to avoid any conflicts. b. Flexibility: The parties shall be flexible and cooperate with each other to adjust their vacation schedules as may be necessary to accommodate special vacation plans, rental requirements, and the like. 3. Holidays: Mother and Father shall mutually agree on a holiday schedule 4. Special Days: a. Father's Day: Father shall exercise custody of the child on Father's Day. b. Mother's Day: Mother shall exercise custody of the child on Mother's Day. 5. Precedence: The holiday and Special Days schedule shall take precedence over any other custodial period set forth herein. 6. Transportation: The transportation burden shall be shared by the parties. The party receiving custody of the child shall provide transportation for the custodial exchanges. 7. Relocation: Neither party may relocate outside of a fifty (50) mile radius from their current residence without permission from the other party or a court order granting said relocation. 8. Custody Issues: The parties are prohibited from discussing custody issues in front of the child, and shall prevent third parties from discussing custody issues in front of the child. The child shall not be used to carry messages regarding custody between the parents. 9. Waiver of Custody: A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 10. Modification: The parents shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of both parents. If such modification is in writing (including email) which evidences the mutual agreement of the parents, it shall be binding upon the parties to the extent and for the duration which was mutually agreed upon by the parents. No parent shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. C. Entry of Court Order: The parties authorize the Court of Common Pleas of Cumberland County, Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF, the parents, intending to be legally bound hereby, have set their hands and seals the day and year written below. Witness: Richard P. Callahan, Father Date: /i ;?3 -le Julian . Ca lahan, Mother Date: /???1 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 OF TNELP Q HONOTARY 2010 DEC 28 PM 12: 28 CUMBERLAND COUNTY PENNSYLVANIA KH-11AKD Y. UALLAHAN, § Plaintiff § V. § JULIANE M. CALLAHAN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- (g7A CV DV CIVIL ACTION - DIVORCE/CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Complaint in Divorce filed in the above-captioned matter upon the Defendant, Juliane M. Callahan, by regular and certified mail, restricted delivery, return receipt requested, addressed as follows: Ms. Juliane M. Callahan 1032 Country Club Road Camp Hill, PA 17011 and did thereafter receive same as evidenced by the attached Post Office receipt card dated - I 0q] ?Joor Respectfully submitted, H ??iltt Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 ¦ CoMplete items 1, 2, and 3. Also complete Item 4 N Restricted Delivery is desired. ¦ Print your name and address on the r6verse so that we can return the card to you. • Attach this card to the back of the malipieoe, or on the front ff space permits. 1. Article Addressed to: JO a.nc CsJ laI)a j A o 3a Cov'*C;4'? C" ? d by (Printed Nenw) r .. Da4 JO-Gol D. Is delwy address different from 1? ? If YES, enter delivery address befoOS& ? B. P69ged Ca 4v 4 0 , PA X7011 3. Service type F CerUW Mail ? Express Mail ? Registered ? Return Recelpt for Mw&w dlrs ? insured mail ? C.O.D. ?1Ys ArtkleNumber (DWWW ft- service /eDe/J 7005 1822 2227 1262 5956 PS Faun 381 1, FMutwy 2004. Dora..tie l1ANI Reoelpt joy r*,«o Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 ttanner@tanner-law.com FILED-OFFICE OF THE PROTHONOTARY 1010 DEC 28 PM 12: 28 CUMBERLAND COUNTY PENNSYLVANIA RICHARD P. CALLAHAN, § Plaintiff § V. § JULIANE M. CALLAHAN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6872 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 20, 2008. 2. The marriage of the 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 of divorce after service of Notice of Intention to Request Entry of Divorce. 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. Date:1 Richard allahan, Plaintiff Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 ttanner@tanner-law.com FILED-OFFICE OF THE PROTHONOTAR`t 2010 5EC 28 Fti 12.28 CUMBERLAND av?N ??? PEt RICHARD P. CALLAHAN, § Plaintiff § V. § JULIANE M. CALLAHAN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6872 CIVIL TERM CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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. 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /,, ';2J /y Richard Callahan, Plaintiff Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 ftanner@tanner-law.com 11 FILED-OFFICE OF THE PROTHONOTARY" 1010 DEC ?8 PM 12: 29 CUMBE-RLAK D COUNTY PENNSYLVANIA RICHARD P. CALLAHAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-6872 CIVIL TERM JULIANE M. CALLAHAN, § CIVIL ACTION - IN DIVORCE Defendant § AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 20, 2008. 2. The marriage of the 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 of divorce after service of Notice of Intention to Request Entry of Divorce. 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 unworn falsification to authorities. Date: De, ?C) f ?cf`0 ur allahan, Defendant Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 ttanner@tanner-law.com FILED-OFFICE OF T=1E ppOTFoNOTARY 2010 aEC 2 8 PM 12: 29 CU PEII; SYLVP a A?T,?' 1u%_r1A" r. UALLAHAN, § Plaintiff § V. § JULIANE M. CALLAHAN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6872 CIVIL TERM CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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. 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0_ d . Callahan, Defendant 1 In Re: The marriage of RICHARD P. CALLAHAN, Plaintiff V. JULIANE M. CALLAHAN, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 08-6872 Civil Term § CIVIL ACTION - DIVORCE § c' , r MAR_TTAL SETTLEMENT AGREEMENT r c This Agreement, made and entered into this o2 3 day of 1)0664/? r, 20 Y® et*per RICHARD P. CALLAHAN, residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011, (hereinafter referred to as "Husband,", and collectively with "Wife" as "the parties") and JULIANE M. CALLAHAN, residing at 1032 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011, (hereinafter referred to as "Wife", and collectively with "Husband" as "the parties"). WITNESSETH: WHEREAS, the parties were married on November 22, 1986, and remain married; and WHEREAS, presently irreconcilable differences having arisen between the parties, as a result of which they been living separate and apart since February 15, 2007 and intend to continue living separate and apart; and WHEREAS, it is the intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights Page 1 of 13 t S • as between each other, including without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or . 1 maintenance; and the settling of any and all claims and possible claims by either party against the estate of the other party; and WHEREAS, the parties have disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and income; and WHEREAS, Husband having been represented by the law firm of Tanner Law Offices, LLC with offices located in Lemoyne, Pennsylvania, and Wife having been represented by the law firm of Samuel L. Andes with offices located in Lemoyne, Pennsylvania. NOW THEREFORE, in consideration of the mutual promises, covenants, agreements and terms herein contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, the parties hereto intending to be legally bound hereby covenant and agree as follows: ARTICLE I SPOUSAL SUPPORT AND MAINTENANCE 1. WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, Page 2 of 13 present and future, for alimony, alimony pendente lite or for any provisions for support and maintenance, except as set forth herein. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and costs. 2. INSURANCE. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, automobile, disability, homeowner's, etc., and neither shall have any obligation to pay any of the other's unreimbursed, uncovered health-related expenses. ARTICLE H EQUITABLE DISTRIBUTION 3. MARITAL HOME. The parties acknowledge that during the marriage, they were vested with title to the premises located at 1032 Country Club Road, Camp Hill, Pennsylvania 17011 (hereinafter refereed to as the "marital home"). Husband and Wife shall execute a quit-claim deed conveying sole title to said property to Husband. Wife shall execute the quit-claim deed simultaneously with the execution of the Marital Settlement Agreement. Husband shall thereafter refinance the marital home in his individual name as soon as practical after execution of the Marital Settlement Page 3 of 13 Agreement, but no later than ninety (90) days after execution of the Marital Settlement Agreement. In re-financing the marital residence, Husband shall obtain a mortgage on the property in his individual name and in doing so shall fully and forever release Wife from any and all debt secured by the line of credit against the marital residence, the new mortgage against the marital residence, and any and all financial obligation with respect to the marital residence. 4. AUTOMOBILES. The parties agree that each shall retain ownership of the automobile presently in their possession. Husband agrees to convey all of his right, title and interest in and to the 2002 Porsche Boxter and the recently-purchased Porsche to Wife by tendering and fully executing any and all documents necessary to accomplish this conveyance. Husband agrees to convey all of his right, title and interest in and to the 2002 Mercedes to Wife by tendering and fully executing any and all documents necessary to accomplish this conveyance. Wife agrees to convey all of her right, title and interest in and to the 2004 Toyota Highlander to Husband by tendering and fully executing any and all documents necessary to accomplish this conveyance. The parties understand and acknowledge that each shall continue to be responsible for any and all obligations with respect to their respective automobiles including, without limitation, costs of maintenance and repairs, license, registration, insurance and any miscellaneous charges in connection therewith. Page 4 of 13 t 6 • BANK AND FINANCIAL ACCOUNTS. Husband and Wife acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and each hereby waives any interest in, or claim to, any funds held by the other in any accounts. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, checking, savings, certificates of deposit, money markets and financial investment accounts of whatever kind and nature, and neither shall make any claim against the other's property now or in the future. 7. RETIREMENT PLANS, 401(k)s, IRAs and DEFERRED SAVINGS PLANS. Husband hereby waives, releases and relinquishes any and all right, title and interest to Wife's Thrift Savings Plan, or any other such retirement benefit of like kind and character. Husband hereby waives, releases and relinquishes any and all right, title and interest to Wife's Federal Employee Retirement System pension benefits, or any other such retirement benefit of like kind and character. Wife and hereby waives, releases and relinquishes any and all right, title and interest to Husband's Thrift Savings Plan, or any other such retirement benefit of like kind and character. Wife hereby waives, releases and relinquishes any and all right, title and interest to Husband's Federal Employee Retirement System pension benefits, or any other retirement benefit of like kind and character. Page 5 of 13 8. STOCKS AND BONDS. During the marriage the parties purchased Disney stock. The parties agree that the stock will be divided between the children, ten (10) shares each. Otherwise, the parties agree that any stocks and/or bonds presently titled in either party's name shall remain the property of the party in which said stocks and/or bonds are presently titled. The parties agree to mutually waive, release and relinquish any and all right, title and interest either may have to any other stocks, stock plans and bonds presently in either party's name. 9. CASH SETTLEMENT. No more than five (5) days after Husband secures the re- finance of the marital residence, thereby obtaining a cash out during the re-finance, Husband shall make a one-time cash settlement in the amount of One hundred thirty thousand dollars ($130,000.00) to wife via cashier's check to equitably divide the marital estate in accordance with the property distribution as laid out in this Agreement. Failure to make said payment within this time frame shall be considered a breach of this Agreement. 10. PERSONAL AFFECTS. The parties agree that they have not yet divided their personal property and household furnishings. The parties agree that they will divide said property and household furnishings within ninety (90) days from the date of this Agreement, and that, upon the final division of those assets, each party hereby specifically waives, releases, renounces and forever abandons whatever claims he or Page 6 of 13 10 (a) II she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other. PROVISIONS FOR CHILDREN. The parties will share equally the parties' personal exemptions as long as they are eligible to claim them, with each party claiming one child's exemption and, when they are permitted only to claim the exemption of one child, by alternating the exemption year-to-year. In 2010 and all even numbered years thereafter, Mother shall claim Craig on her income tax return. In 2011 and all odd numbered years thereafter, Father shall claim Craig on his income tax return. In 2010 Father shall claim Ryan on his income tax return. The parties will share the cost of providing medical and other health insurance coverage for the children through their employment. Wife will be responsible to provide insurance for the children, substantially in the form that is now provided through the parties' employment, for the period commencing 1 January 2011 and ending on 31 December 2013. Husband will then be responsible to provide insurance for the children, substantially in the form that is now provided through the parties' employment, for the period commencing 1 January ,2Mthrough 31 December 2016. If the children, or either of the children, are eligible for inclusion in the health insurance available to either of the parties through their employer after 31 December 2016, one of the parties shall provide such insurance and the parties will share equally in the cost of said insurance, as long as the child or children are eligible for inclusion. ASSETS ACQUIRED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT. The parties agree that any asset of whatever kind and nature acquired by any possible means and titled in their individual name or in the name of Page 7 of 13 another shall forever hereafter remain their separate property and shall not be subject to distribution, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE III MARITAL DEBT 12. MARITAL DEBT. Each party shall maintain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that they are aware of no outstanding debt in the j oint names of both parties. To the extent that any such joint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. The party assuming such debt shall indemnify and hold the other party harmless against any liability arising therefrom. 13. CREDIT ACCOUNTS. To the extent that either party may presently have in their possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other, each agrees to immediately refrain from using such cards at any time now or in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. Page 8 of 13 ARTICLE IV INDEPENDENT LEGAL REPRESENTATION 14. INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that each has had the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Husband has been represented by Tanner Law Offices, LLC, with offices in Lemoyne, Pennsylvania and Wife, has been represented by Samuel L. Andes, with offices in Lemoyne, Pennsylvania. The parties represent and acknowledge that each understands all ofthe legal and practical effects of this Agreement, and with this understanding, each signs voluntarily, of their own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. ARTICLE V MISCELLANEOUS PROVISIONS 15. NO MOLESTATION OR INTERFERENCE. The parties agree that neither will molest, malign, disturb, or interfere with the other or the other's relatives in any manner whatsoever during the period of their separation. Each shall be free from interference, direct or indirect, by the other, and be entitled to live their life as if single and unmarried to the other. Page 9 of 13 16. NO BAR TO DIVORCE. This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense which may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the irreconcilable differences between the parties. 17. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wifd filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property are accepted by each party as full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either or the parties in this or any other state, country or jurisdiction, each of the parties hereby Irv Page 10 of 13 consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof, shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 18. INCORPORATION OF DIVORCE DECREE. It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 19. ENTIRE UNDERSTANDING. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. Page I1 of 13 20. MODIFICATION OF THIS AGREEMENT. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 21. BREACH. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 22• APPLICABLE LAW. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year written below their respective names. Page 12 of 13 Richard P. Callahan, Husband Date: ? -.z3 //) 7- d ? -16 vx Signature of Witness l r--- 0 4' la?n-e- Printed Name of Witness Juli . Callahan, Wife Date: i tore of ess ?P L f Q- Printed Name of Witness Page 13 of 13 In Re: The marriage of RICHARD P. CALLAHAN, Plaintiff V. JULIANE M CALLAHAN § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 08-6872 Civil Term § CIVIL ACTION - DIVORCE C) Defendant § w PRAECIPE TO TRANSMIT RECORD "< x' o TO THE PROTHONOTARY: ° -0 N a -n C) Please transmit the record, together with the following information to the co urt`lor entry of a divorce decree: , Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: United States Postal Service, first class mail, postage prepaid, certified, restricted delivery. Return receipt dated December 9, 2008. 3. Date of Execution of the Afdavit of Consent Required by Section 3301(c) of the Divorce Code: by Plaintiff on December 23, 2010; by Defendant on December 20, 2010. 4. Related Claims Pending: no other marital claims pending. All claims have been settled via the Marital Settlement Agreement dated December 23, 2010. 5. Date of Filing Waivers of Notice: Plaintiff s waiver is being filed with this Praecipe; Defendant's waiver is being filed with this Praecipe. % V&? 4 Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No. 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 RICHARD P. CALLAHAN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIANE M. CALLAHAN : NO. 08-6872 CIVIL TERM DIVORCE DECREE AND NOW, J 0 it is ordered and decreed that RICHARD P. CALLAHAN plaintiff, and JULIANE M. CALLAHAN , 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.") All claims have been settled via the December 23, 2010 Marital Settlement Agreement which is incorporated, but not merged, herein. Oert. j rw lod 46 attq Tanner NrRoe ? (may Ord io atty Andes 3 DEC 2 8 2010 RICHARD P. CALLAHAN, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. AQ 07-- 0 7a JULIANE M. CALLAHAN, Defendant IN CUSTODY ORDER OF COURT AND NOW this 3d day of !11!!?4 , 2014, upon the stipulation of the parties, the attached Stipulated Custody Agreement entered as an order of custody in this matter. L B HE COUR , J. Distribution: /Tabetha Tanner, Esquire (Attorney for Plaintiff) .10 - 1300 Market Street, Suite 10, Lemoyne, Pa 17043 bpi i If ? D& z ? r Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12' Street, P.O. Box 168, Lemoyne, Pa 17043 -<> '? i- C=