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HomeMy WebLinkAbout01-0246BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 raay be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cmnberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE COMPLAINT 1. The Plaintiff is Barbara Jane McDermott, Social Security number 179-38-3657, who currently resides at 111 Juniper Drive, Fairview Township, York County, Pennsylvania. 2. The Defendant is Daniel James McDermott, Social Security number 199-38-0332, who currently resides at 2 Longview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Pennsylvania for at least six (6) months mediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1996 at York County, Pennsylvania. Plaimiff and Defendant have been bona fide residents in the Commonwealth of COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divome Code, Sections WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, Date (717) 73%1956 Attorney for Plaintiff I.D. #59020 BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendam IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CIVIL TERM IN DIVORCE ORDER AND NOW, this ay of [ l/}~tl,t~tte 2001, upon consideration of the Petition for Special Relief it is hereby Ordered that a hearing be scheduled for the_.~''1~ day of ~~' .~t2001, in Courtroom~ at ~/: O~..lal. at the Cumberland County Court House, Carlisle, Pennsylvania. By the Court, Judge ~-----=~ ~ ~,~. BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PA RULE OF CIVIL PROCEDURE 1920.43 IN THE FORM OF EXCLUSIVE POSSESSION OF THE NON-MARITAL HOME AND NOW, this ,,2..~ day of January 2001, the Plaintiff, Barbara McDermott, by and through her Attorney, Austin F. Grogan, Esq., avers the following: 1. The Plaintiff is married to Daniel James McDermott; 2. The parties were married on October 10, 1996 in York County Pennsylvania; 3. The Plaintiff, Barbara McDermott, is fee simple owner of a home located at 111 Juniper Drive, Fairview Township, York County Pennsylvania, which was obtained prior to her marriage to the Defendant, Daniel James McDermott; 4. During the course of the marriage the parties resided in the Plaintiff, Barbara McDermott's home and maintained the home until the Defendant, Daniel James McDermott, voluntarily removed himself from the home on November 25, 2000; 5. The parties have a minor child who currently resides with the Plaintiff/Natural Mother; 6. 7. The Father/Defendant is offered and exercises liberal partial custody with his son; Following the separation the Defendant has threatened and intimidated the Plaintiff and her children, including her teenage daughter from a prior marriage; 8. The Plaintiff has insisted/demanded that the Defendant refrains from entering the home due to his threatening behavior; 9. On or about January 10, 2001 the undersigned Attorney filed a Notice of Defiant Trespass letter with the Fairview Township Police Department and served a copy on the Defendant, Daniel James McDermott, at 2 Longview Drive, Mechanicsburg, Pennsylvania. Copy attached as Exhibit A; 10. The Defendant has indicated that the home at 111 Juniper Drive is his home and that he cannot be barred from entering the home and that he will continue to enter the home at his convenience over the objection of the Plaintiff. The Defendant's action causes the Plaintiff to fear for her safety and the safety of the children; 11. On or about January 22, 2001 the Defendant entered the home when the Plaintiff was not present and indicated to the Plaintiff's children that the Mother/Plaintiff "was just getting too big for herself and she better watch out". This comment has caused the Plaintiff to fear for her safety and the Plaintiff is contemplating obtaining a Protection from Abuse based on passed abuse; 12. The Plaintiff desires to maintain a peaceful relationship with her husband as it relates to the partial custody, but fears for her safety and the safety of her children should he be permitted to enter her home over her opposition. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to Order the Defendant to refrain from entering the marital home. Date ~~ 24 ~'l~.h. 32nd Street ~ Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 January 10, 2001 Daniel J. McDermott 2 Longview Drive Mechanicsburg, PA 17055 Re: Defiant Trespass Dear Mr. McDermott: Please be advised this office represents Barbara McDermott in the legal dispute arising between you and your wife. As you know, Mrs. McDermott is the fee simple owner at 111 Juniper Drive, Camp Hill, Pennsylvania and that she owned and possessed that home prior to your marriage. It is my understanding that you vacated the home and have been returning to the home over the objection of Mrs. McDermott. Please be advised that you are no longer permitted to be on her property and you are no longer permitted to enter the home without Mrs. McDermott's permission. If you enter the home or trespass onto her property, you may be liable for criminal prosecution for defiant trespass. Furthermore, you are notified that any attempt to remove any property from the home will result in further action through either the civil court system or the criminal justice system. I understand that you and Mrs. McDermott have a child. She is hopeful that you will continue to have a relationship with your son and she is willing to allow you to maintain partial custody of your son as the agreed upon schedule. Should you choose to exercise your custody with your son then you may pick up your son at the Juniper address with prior coordination. Mrs. McDermott will bring the child out of the house to you. When you return the child to Mrs. McDermott, she will meet you outside the house to regain custody. If you have any questions regarding this letter, please contact your attorney. Sincerely, ~ Austin F. Grog, an,~9q. AFG/rr Cc: Barbara McDermott Fairview Township Police Department VERIFICATION I, BARBARA J. McDERMOTT, verify that the statements made in the foregoing Petition for Special Relief 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 of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date BARBARA J. McDERMOTT o BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 31s* day of January, 2001 at 2:59PM I, DAVID K. RUDY, served upon the Defendant, DANIEL JAMES McDERMOTT, the Divorce Complaint and the Petition for Special Relief Pursuant To Pa Rule of Civil Procedure 1920.43 in the form of Exclusive Possession of the Non-Marital Home in the above docketed case. 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. 213 Herman Avenue Lemoyne, PA 17043 BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CIVIL TERM IN DIVORCE ORDER AND NOW, mis / ~"0~ day of , 2001, upon consideration of the Petition for Special Relief it is hereby Ordered that a Hearing be scheduled for the et/'~ day of ~ / 2001, in Courtroom~ at 9:O.1/1.m, at the Cumberland County Court House, Carlisle, Pennsylvania. By the Court, Edward Guido, Judge BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-246 CIVIL TERM : : IN DIVORCE TO: THE HONORABLE JUDGE EDWARD GUIDO MOTION FOR HEARING PURSUANT TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF DATED JANUARY 23, 2001 AND NOW, this I ~_~-t~ day of March 2001 the Plaintiff, Barbara J. McDermott, by and through her Attorney, Austin F, Grogan, Esq., avers the following: On or about January 23, 2001 the Plaintiff Petitioned the Court for exclusive possession of the marital home (a copy of Petition attached as Exhibit A); 2. On or about January 30, 2001 Judge Edward Guido scheduled a Hearing for the Petition for Special Relief for February 5, 2001 at ll:00AM in Cumberland County Courthouse, Courtroom #5; 3. On or about February 2, 2001 counsel for the Defendant, Diane Sommers Baker, and the undersigned counsel exchanged communication outlining the agreement that the Defendant, Daniel J. McDermott, would refrain from entering the marital home and to schedule a time for the Defendant to pick up his personal belongings; 4. On or about February 12, 2001 the undersigned counsel confunned in writing to Defendant's counsel that he failed to appear on February 3, 2001 to pick up his items and furthermore, there was a confrontation between the parties on February 11, 2001, (copy of correspondence attached as Exhibit B); 5. Plaintiff, by and through her Attorney made a follow up request for the Defendant to sign the Stipulation, at which point the Defendant, by and through his counsel, faxed a demand outlining three pages of property items that he wishes to remove before he will sign a Stipulation; 6. The original Stipulation allowed the Defendant to remove personal belongings on a date certain to avoid future confrontation; 7. The Defendant refuses to sign the Stipulation as agreed to by and through counsel. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to schedule a Hearing pursuant to the original Petition for Exclusive Possession and at the conclusion of said Hearing, Order the Defendant from entering the non-marital home and award reasonable attorney's fees for the Defendant's dilatory conduct. Respectfully submitted, Austin F. Grogari, 24 North 32nd Street ~-~ Camp Hill, Pennsylvania 17011 (717) 737~1956 Attorney for Plaintiff ID #59020 BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CIVIL TERM IN DIVORCE ORDER AND NOW, this..flt~day of [ )'~AI//~ ~, 2001, upon consideration of the Petition for Special Relief it is hereby Ordered that a hearing be scheduled for the__~ day of ~.~t/200I, in Courtroom~ atJ'/: ~.rn. at the C~mberland County Court House, Carlisle, Pennsylvania. By the Court, TRUE COPY FROM REC )RO m TeGtt~ w~, I h~e um~ aet my Ikan~ BARBARA JANE McDERMOTT, Plaintiff DANIEL ,fAMES McDERMOTT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-246 CML TERM : : IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PA RULE OF CIVIL PROCEDURE 1920.43 IN THE FORM OF EXCLUSIVE POSSESSION OF THE NON-MARITAL HOME AND NOW, this ,2.~/~ day of January 2001, the Plaintiff, Barbara McDermott, by and through her Attorney, Austin F. Grogan, Esq., avers the following: 1. The Plaintiff is married to Daniel James McDermott; 2. The parties were married on October I0, 1996 in York County Pennsylvania; 3. The Plaintiff, Barbara McDermott, is fee simple owner of a home located at 111 luniper Drive, Fa'awiew Township, York County Pennsylvania, which was obtained prior to her marriage to the Defendant, Daniel James McDermott; 4. During the course of the marriage the parties resided in the Plaintiff, Barbara McDermott's home and maintained the home until the Defendant, Daniel lames McDermott, voluntarily removed himself from the home on November 25, 2000; The parties have a minor child who currently resides with the Pla'tariff/Natural Mother; 6. 7. The Father/Defendant is offered and exercises liberal partial custody with his son; Following the separation the Defendant has threatened and infunidated the Piaintiff and her children, including her menage daughter from a prior marriage; 8. The Plaintiff has insisted/demanded that the Defendant refrains from entering the home due to his threatening behavior; 9. On or about January 10, 2001 the undersigned Attorney fried a Notice of Defiant Trespass letter with the Fairview Township Police Department and served a copy on the Defendant, Daniel James McDermott, at 2 Longview Drive, Mechanicsburg, Pennsylvania. Copy attached as Exhibit A; 10. The Defendant has indicated that the home at 111 Juniper Drive is his home and that he cannot be barred from entering the home and that he will continue to enter the home at his convenience over the objection of the Plaintiff. The Defendant's action causes the Plaintiff to fear for her safety and the safety of the children; 11. On or about January 22, 2001 the Defendant entered the home when the Plaintiff was not present and indicated to the Plaintiff's children that the Mother/Plaintiff "was just getting too big for herself and she better watch out". This comment has caused the Plaintiff to fear for her safety and the Plaintiff is contemplating obtaining a Protection from Abuse based on passed abuse; 12, The Plaintiff desires to maintain a peaceful relationship with her husband as it relates to the partial custody, but fears for her safety and the safety of her children should he be permitted to enter her home over her opposition. WttEREFORE, the Plaintiff respectfully requests this Honorable Court to Order the Defendant to refrain from entering the marital home. Austin F. Grogan, Esqutre[ ~ 24 North 32nfl Street ~ Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 January 10, 2001 Daniel J. McDermott 2 Longview Drive Mechardcsburg, PA 17055 Re: Defiant Trespass Dear Mr. McDermott: Please be advised this office represents Barbara McDermott in the legal dispute arising between you and your wife. As you lmow, Mrs. McDermott is the fee simple owner at 111 Juniper Drive, Camp Hill, Penmylvania and that she owned and possessed thiit home prior to your marriage. It is my understanding that you vacated the home and have been returning to the home over the objection of Mrs. McDermott. Please be advised that you are no longer permitted to be on her property and you are no longer permitted m enter the home without Mrs. McDermott's permission. If you enter the home or trespass onto her property, you may be liable for criminal prosecution for defiant trespass. Furthermore, you are notified that any attempt to remove any property from the home will result in further action through either the civil court system or the criminal justice system. I understand that you and Mrs. McDermott have a child. She is hopeful that you will continue to have a relationship with your son and she is willing to allow you to maintain partial custody of your son as the agreed upon schedule. Should you choose to exemise your custody with your son then you may pick up your son at the Juniper address with prior coordination. Mrs. McDermott will bring the child out of the house to you. When you return the child to Mrs. McDermott, she will meet you outside the house to regain custody. If you have any questious regarding 'this letter, please contact your attorney. Sincerely, ~.~. Austin F. Grog~an,~q. Cc: Barbara McDermott Fairview Township Police Department EXHIBIT VERIFICATION I, BARBARA I. McDERMOTT, verify that the statements made in the foregoing Petition for Special Relief are mae and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to umwom falsification to authorities. Date BARBARA J. McDERMOTT ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 February 12, 2001 Diana S. Baker P. O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 Re: Barbara J. McDermott v. Daniel J. McDermott In Divorce Dear Diana: Enclosed is the original copy of the Stipulation for your client's review and signature. Please return the signed agreement to me and I will forward it to the Judge for his signature. This will also confirm that Mr. McDermott failed to appear on Saturday, February 3, 2001 to pick up his items. Furthermore, he appeared on Sunday, February 11, 2001 and caused a confrontation between he and Mrs. McDermott in front of Mrs. McDermott's 21-year-old daughter. Please accept this as Mrs. McDermott's request that he is no longer permitted on the property except for the express purpose of exercising custody with his son. Any further discussion regarding marital property should be directed through your office. Sincerely, stin F. Groga~~ AFG/rr Enclosure Cc: Barbara McDermott o:~0 0 ~0 ~0 Z~ BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant ORDER AND NOW, this /*/~' day of ~ ~ of the attached Stipluation it is hereby Ordered that: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CML TERM IN DIVORCE , 2001, upon consideration 1. The Plaintiff, Barbara J. McDermott, is the fee simple owner of a home located at 111 Juniper Drive, Camp Hi/l, Pennsylvania; 2. The Defendant will refrain from entering the home located at 111 Juniper Drive, Camp Hill, Pennsylvania; 3. The Defendant is permitted on the property for the sole purpose of exercising custodial rights with Jarad McDermott. 4. When the Father/Defendant exercises his custodial rights with Jarad McDermott, he shall appear at the door and the child shall be sent out to him. BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CIVIL TERM IN DIVORCE STIPULATION AND NOW, this r]~-/c '79~ax~- day of ~y 2001, the parties agree to the following: 1. A Divorce was filed on or about January 11, 2001 in the above docketed case; 2. The Plaintiff, Barbara J. McDermott, is the fee simple owner of a home located at 111 Juniper Drive, Camp Hill, Pennsylvania; 3. The Defendant, Daniel James McDermott, left the home on or about November 25, 2000; 4. The parties have agreed that the Defendant will refrain from entering the home located at 111 Juniper Drive, Camp Hill, Pennsylvania; 5. The parties agree that the only time the Defendant is permitted on the property is to pick up the parties' minor child Jarad McDermott; 6. When the Father/Defendant exercises his custodial rights with Jarad McDermott, he shall appear at the door and the child shall be sent out to him; WHEREFORE, the parties respectfully requests this Honorable Court to enter an Order prohibiting the Defendant from enter'rog the home located at 111 Juniper Drive, Camp Hill, Pennsylvania, and refrain from entering the property except for the sole purpose of exercising custodial rights with Jarad McDermott. WITNESS / ~ Respectfully submitted, BARBARA JAN E McDERMOTT, Plaintiff DANIEL JAMI(S McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COtJNTY. PENNSYLVANIA : NO. 01-246 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11,200/. 2. The marriage of Plaintiff and Defendant is irretriewthly 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 aller service of notice of intention It) request entry of the decree. I verify that the statements made in this affidavit are tree ,'md correct. I understand that false statements herein am ~nade subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DANIEL JAMES McDERMOTT BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendam IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYI.VANIA NO. 01 ~246 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaim. 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 tree 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. BARBARA JANE McDERMOTT BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYI,VANIA : NO. 01-246 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) _OF TH~E~ D__IV_O_R_CE .C_O_ _D_ _E 1. I consent to the entry of a final decree of divorce with(mt 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 belbre 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 thc Prothonotary. I verify that the statements made in this affidavit are tree and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. _/~.'/,5-~: ~....-, ( 1,~.~' BARBARA JANE M~DERMOTT BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendam IN THE COURT OF COMMON PLEAS CUMBERLAND COI~NTY, PENNSYI.VAN[A NO. 01-246 CIV1E TEILM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) QF~ T__HE_~D~IV_OR~CE C_QDE i. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property. lawyer's fees or expenses if I do not claim them before a divome is granted. 3. I understand that I will not be divomed 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 tree and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DANIEL lAMES McDEI~VlOTT BARBARA JANE McDERMOTT, Plaintiff V. DANIEL JAMES McDERMOTT, Defendant THIS AGREEMENT, made this ~'~--4~. day of ~ between DANIEL JAMES McDBRMOTT, hereinafter referred to as BARBARA JANE McDERMOTT, hereinafter referred to as "Wife". WITNESSETH: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-246 CIVIL TERM IN DIVORCE _, 2002, by and "Husband", and WHEREAS, the parties hereto are Husband and Wife, having been married on October 10, 1996; and WHEREAS, differences have arisen between Husband and Wife, as a result of which it is the desire of the parties after long and careful consideration, amicably to adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for maintenance, support, alimony, equitable distribution, counsel fees, and costs; and WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to writing; and 3. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. PARTIES TO LIVE SEPARATE AND APART The parties mutually agree to live separate and apart. Neither party will molest the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other. 2. PERSONAL PROPERTY Husband and Wife have divided all personal property, which would constitute marital property. Wife agrees that any property in the possession and control of Husband shall be the sole and separate property of Husband. Husband agrees that all property in the possession and control of Wife shall be the sole and separate property of Wife to include the 1997 Dodge Neon. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have to the sole and separate property of the other. 3. MARITAL DEBT The parties agree that the Wife will assume full responsibility for the marital debt to 2 include various credit card debt; $306.82 to MBNA America, account number 5490 9938 1046 9264; $3,517.00 to Peoples Bank, account number 4017 3528 0000 0604; and $3,235.00 to First USA, account number 4417 1211 5249 7627. Husband agrees to pay Wife $2,000.00 in full satisfaction of his obligation for the marital debt. Husband and Wife each covenant, represent, and agree that each other will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise specifically provided for the by the terms of this Agreement. 4. REAL PROPERTY Husband and Wife agree that the Wife is the fee simple owner of the home located at 111 Juniper Drive, Camp Hill, Pennsylvania. The mortgage with GMAC Mortgage, account number 306463979 and the home equity loan with Waypoint Bank, account number 3151000126000 are both held in Wife's name alone, and she will indemnify and hold Husband harmless therefrom. The Husband agrees to waive any interest in the home and Wife shall retain any equity she may have in the property. 5. _ALIMONY AND SUPPORT FOR SELF Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property is fair, adequate and satisfactory to them and is accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other. WAIVER OF INTEREST IN RETIREMENT Wife's retirement is through Fidelity Investments, account number ENV #40032936- 40-58940-73116-A. Husband's has a 401k profit sharing plan through Computer Aid Inc., Merrill Lynch account #201196.1790.Q3.2000.DMF.T001017.006708.001251.1251. Husband and Wife expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or employment-related plans in which the other has any interest, whether vested or unvested, matured or unmatured. 7. PAST DUE TAXES The parties have heretofore filed joint Federal and State tax returns. I4usaoand agree/ that in the event any deficiency federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, he will indenmify and hold Wife harrr/loss from and against any loss or liability for any ~mlxXax_deficiency or assessment and_ any interest, penalty and cxp~ne incurretl m connection therewith. ~ 8. BANKRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. 9. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984, hereinafter the "Act", specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouse. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 10. SUBSEO~ UENT RECONCILIATION The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 11. LEGAL REPRESENTATION Husband and Wife declare that each has had a full and fair opportunity to obtain and consult with legal counsel of his/her selection and that the parties, cognizant of their legal rights, declare and express that: A) Austin F. Grogan, Esquire, represents Barbara Jane McDermott; and B) Diane Sommers Baker, Esquire, represents Daniel James McDermott. 12. MUTUAL DISCHARGE Wife relinquishes her inchoate intestate right in the estate of Husband, and Husband relinquishes his inchoate intestate right in the estate of Wife, and each of the parties hereto for himself or herself, his or her heirs, executors, administrators or assigns does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or inequity of whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement. 13. NO-FAULT DIVORCE An action for Divorce has been instituted by the Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 01-246 alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Section 3301(c) of the Divorce Code. It is hereby agreed that the marriage is irretrievably broken and that coincident to the signing of this Agreement, both parties will execute affidavits of consent to the entry of a Decree in Divorce under Section 3301(c) of the Divorce Code. 14. EXECUTION AND DELIVERY OF DOCUMENTS The parties hereto agree to execute and deliver all papers needed to effectuate the terms and intentions of this Agreement. 7 15. BREACHING PARTY PAYS COSTS If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16. GENERAL PROVISIONS This Agreement encompasses all agreements between the parties concerning the matters set forth herein and may not be altered or omitted except in writing executed by the parties; the waiver of any term, condition or provision of this Agreement shall in no way be deemed a waiver of any other term, conditions or provisions of this Agreement. If any term, condition or provision of this Agreement shall be determined to be void or invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force. It is agreed by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated, by reference, into any divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. This Agreement is executed in triplicate, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly executed copy hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. WITNESS: DANIEL JAMES McDERMOTT, Defendant BARBARA JANE McDERMOTT, Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the ~1~ day of ~-C~3(L~Oc~ , 2002, before me, the undersigned officer, personally appeared DANIEL JAMES McDERMOTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal. NOTARY PUBLIC NOTARiAl_ SEAL I MELtSSA A. POL!NG, Notary Public Lower Paxto~ Tw¢. Dauphin Count!; ..,, Commlss,~. tL.t., ....... .¢p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the ~day of x..~2~t2/z~ ,2002, before me, the undersigned officer, personally appeared BARBARA JANE McDERMOTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal. Notarial Seal Rhonda D. Rudy, Notary Public Camp Hill Boro, Cumberland County N'fy Commission Expires Aug. 12, 2003 M~rnoer, Penr~syk, ania Association of Notaries BARBARA JANE McDERMOTT, Plaintiff DANIEL JAMES McDERMOTT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-246 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Date and manner of service of the complaim: By personal service on January 31, 2001. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff February 28, 2002; by Defendant February 21, 2002. 4. Related claims pending: All claims raised resolved in Marriage Settlemem Agreement dated February 28, 2002. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was flied with the Prothonotary: March 6, 2002. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: March 6, 2002. Date: ~j~/~7/~ Austin F. Groga~Esqu~[e Attorney for Pl~ff~ ~ 24 North 32nd StreeT-- Camp Hill, PA 17011 (717) 737-1956 Id # 59020 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Praecipe to Transmit the Record in the above-captioned matter to the Defendant, Daniel James McDermott, on March 7, 2002 at: Diane Sommers Baker, Esq. P. O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 which satisfied the requirements of service by mail pursuant to Pa. R.C.P. 403. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date ~,~//-7/a~- Auitin F. GroWl Attorney for Plain~'ff 24 North 32~ StreW_ .J Camp Hill, PA 17011 (717) 737-1956 ID//59020 0o IN THE COURT OF COMMON PLEAS BARBARA JANE McDERMOTT OF CUMBERLAND COUNTY STATE OF .~q~. PENNA. Plain%iff N o. 01-246 CIVTL VERSUS DANIEL JAMES McDERMOTT Defendant AND NOW, DECREED THAT AND DECREE iN DIVORCE BARBARA JANE McDERMOTT ~ PLAINTI FF~ DANIEL JAMES McDERMOTT ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOr WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; MARRIAGE SETTLEMENT AGREEMENT INCORPORATED BUT NOT MERGED PROTHONOTARY