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HomeMy WebLinkAbout10-0258RLED-OR-- CE AP/ 2010 JAN -8 PM 1* 13 CUtr..` a C? J Ty SCOTT F. MCCANN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 10 - a158 &W; 1 Terw' TONYA L. MCCANN, CIVIL ACTION - LAW Defendant. IN DIVORCE AND CUSTODY N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE of the CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 $507.00 P6 ATT-/ $001788 e -935947 &)°-M KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 N. Hanover Street, P.O. Box 320, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2of8 KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, SCOTT F. MCCANN, by and through his attorney, JULIE A. WEHNERT, ESQ., and makes the following Complaint in Divorce and Custody: 1. The Plaintiff is SCOTT F. MCCANN, an adult individual who currently resides at 109 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is TONYA L. MCCANN, an adult individual who currently resides at 109 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 2004, in Mechanicsburg, Cumberland County, Pennsylvania. 3 of 8 5. The parties separated on July 26, 2009, when Defendant informed Plaintiff of her desire to end the marriage and move out of the marital residence. 6. Neither Plaintiff nor Defendant has been in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. 4of8 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 16. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code 5 of 8 COUNT IV REQUEST FOR CONFIRMATION OF CUSTODY UNDER b$ 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. The parties are the parents of the following unemancipated children (hereinafter the "children"), whom presently live with both Plaintiff and Defendant: NAME AGE SEX D.O.B. Tara M. McCann 3 years old Female 4/4/2006 Jackie L. McCann 1 'h years old Female 1/11/2008 19. During the past three years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Scott F. McCann 109 Hill Lane Birth - Present Tonya L. McCann Mechanicsburg, PA 17050 20. Plaintiff is requesting that an order be entered granting Plaintiff 50/50 physical custody of the children and shared legal custody of the children. 21. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 22. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 6of8 23. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 24. The best interests and permanent welfare of the children will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order awarding Plaintiff shared legal custody and primary physical custody of the child. Date: Ittlo, Respectfully Submitted, J i A. Wehnert, Esq. 7of8 .Dec, 29. 2009 7:12AM VERIFICATION No. 0571 P. 2 I, Scott F. McCann, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 98 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: I Z ,ZqZ04? S . McCann 8 of8 DEC 2 9 ZOO9 % 1 2010 FEB 10 °M k C 3 &UTOM & ULAKIS Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 SCOTT F. McCANN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2010-258 CIVIL TERM TONYA L. McCANN, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Tonya L. McCann, in the above-captioned actions. Respectfully submitted, Date: 21 `uI?0 ABOM & KUTULAKIS, L.L.P. Michelle L. Sommer, squire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Supreme Court ID No. 93034 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this 16th day of February, 2010, I, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Julie A. Wehnert, Esquire Kope & Associates, LLC 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 Attorney for the Plainitff Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. Som r, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Supreme Court ID No. 93034 Attorney for Defendant ,c F1LED-' 11- !CE ARY 2010 FEB 17 PP 1: 2 5 KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. Y ;:A Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by JULIE A. WEHNERT, attorney for Scott F. McCann, Plaintiff, and states that service of the Divorce Complaint in this matter was made by him upon Defendant, Tonya L. McCann, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 1350 0002 4778 8857, Return Receipt Requested on January 25, 2010, to her mailing address, at 109 Hill Lane, Mechanicsburg, PA 17050 which mail was received by Defendant on January 28, 2010, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. JYYE A. WEHNERT, A rnev for Plaintiff ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Printyour name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: to (i N P A fignature n Q + ? Agent ? Addressee ?ceived by ( Printed Name) C. Date of Delivery D. Is dellver?address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified mail ? Express mail ? Registered ? Return Receipt for Merchandise /? / ? Insured Mail ? C.O.D. -FA ` -7 o 4. Restricted Delivery? (Extra Fee) s 2. Article Number (rfansferfrom service labeq 7004 1350 0002 4778 8857 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-WIS40 U.S. Postal Service,, CERTIFIED MAIL,, RECEIPT (DomPStic Mail Only; No Insurance Coverage Provided) CID It Postage $ 1 c C3 Certified Fee C3 • ?Z 0 Return Redept Fee (Endorsement Re W1d) a 0 Restricted Delivery Fee L n (Endorsement Required) M 1? USE PosbT,B* Here TOW Postage & Fees r3 SW To iii 4) orPOBOxIVO t `f l tv Y PS Form 3800, JUne 2002 See Reverse for 1n-.crPo,, t ? i `77 7l 1 :71 ? l f 2010INA 1i7 :ii 11: 42 JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY STIPULATION AND NOW, this 16t? day of , 2010, it is STIPULATED and AGREED by and between the parties, Tonya L. McCann (hereinafter "Mother"), and Scott F. McCann (hereinafter "Father), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor biological children Tara M. McCann, born April 4, 2006 and Jackie L. McCann, born January 11, 2008 (hereinafter the "children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the child. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's right to share legal custody of the child. The parents agree not to attempt M TLM 1 or alienate the affections of the child from the other parent. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. The party with custody of the child on any given day shall be solely responsible for transporting the child to and from all appointments scheduled on said day. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. As soon as practicable after receipt by a parent, copies of the child's school schedules, special events notifications, report cards, and similar notices shall be provided to the other parent. Each parent shall notify the other of any medical, dental, optical and other appointments of the child with health care providers, sufficiently in advance of said appointment thereof so that the other parent can attend. A parent shall provide complete contact information for both parents whenever emergency or contact information is requested by form or otherwise by any school, daycare provider or treating professional. Despite this Order, if any service provider or professional still requires a release for a parent to access the Children's educational, TLM M/(- religious or medical information, both parents shall execute a release within ten (10) days of any written request by the other parent or his or her counsel. 2. Primary Physical Custody: Primary physical custody of the children shall be with the Mother. 3. Partial Physical Custody: Father shall have rights of partial physical custody as follows: a. 15t and 3rd Weekends: Father shall have rights of partial custody every 1St and 3rd weekend of the month, from Friday at 6 pm until Sunday at 6 pm b. 2nd Weekend: Father shall have rights of partial custody every 2nd weekend of the month from Friday at 6:00 pm until Saturday at 6:00 pm. C. 4t" Weekend: Father shall have the right of first refusal for partial custody from Friday at 6:00 pm until Saturday at 6:00 pm. d. Weeknights: Father shall have rights of partial custody on Wednesday evenings, from 6 pm until 8 pm. The parties may agree to alternate times for weeknight custodial times to accommodate schedules. 4. Holidays: Mother and Father shall both enjoy holidays with the child. In the absence of agreement to the contrary, the custody of the child during the holidays shall be as follows: a. Christmas: Custody of the child during the Christmas holiday shall be divided into two segments. Segment A runs from 9:00 am on December 24th until 2:00 pm on December 25th. Segment B runs from 2:00 pm on December 25th until 7:00 pm on December 26th. Mother shall have Segment A in all even- M TLM • numbered years and Segment B in all odd-numbered years. Father shall have Segment A in all odd-numbered years and Segment B in even-numbered years. b. Other Holidays: Father and Mother agree to alternate custody of the child on New Year's Day, Easter, Memorial Day, Independence Day holiday, Labor Day, and Thanksgiving. Custodial time on these holidays shall commence at 8 am and conclude at 8 pm. The parties will alternate these holidays, with Mother enjoying custody of the child on Easter, Independence Day and Thanksgiving in all odd years, and New Year's Day, Memorial Day and Labor Day in all even years. Father shall enjoy custody of the child on Easter, Independence Day and Thanksgiving in all even years, and New Year's Day, Memorial Day and Labor Day in all odd years. C. Mother's Day and Father's Day: Mother will always have custody of the child from 8 am until 8 pm on Mother's Day. Father will always have custody of the child from 8 am until 8 pm on Father's Day. d. Holiday Time: Holiday time shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. 5. Vacation Time: Each parent shall be entitled to (2) two full weeks of vacation time with the child during the calendar year. The parties shall not take these weeks consecutively. The party intending on exercising such right shall notify the other parent by writing no less than thirty days prior to the onset of said vacation. In the event M TLM that the parties both intend to utilize vacation on the same dates, the party providing notice first shall prevail and shall be entitled to vacation custody on those dates. 6. Additional time: Mother and Father may make agreements for additional times of custody, and/or altered times of custody. Should the parties choose to deviate from the custody schedule in their order, by agreement, on occasion or on a regular basis, these agreements shall not modify the regular custody schedule. 7. Transportation: Mother and Father shall share responsibility for the transportation for the child. In the absence of agreement to the contrary, the person beginning his or her custodial period shall be responsible for picking up the child. At all times, the child shall be secured in the appropriate passenger restraints when being transported in a vehicle. No person transporting the child shall consume alcoholic beverages prior to transporting the child, or be under the influence of alcohol or a controlled substance while transporting the child. 8. Late for Exchange: In the event that any parent is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other parent will be free to make other plans with the child. 9. Parents should provide one another with a phone number and address where the child may be contacted, whenever reasonably possible. This principle applies to situations such as vacations. Each parent should be promptly and politely responsive to the other parent's telephone calls. Each party agrees to supply the name, M TLM address and phone numbers of any persons in whose care the child will be for a period in excess of forty-eight (48) hours, and for each person or entity which may provide day care for the child. 10. During any period of custody or visitation the parties to this Order shall not consume alcoholic beverages, possess or use any controlled substance, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive. Both parties agree to use common sense in scheduling telephone calls. 12. Extracurricular Activities: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. During the times that each parent has custody of the child, he or she will make certain that the child attends any extracurricular activities, and will be responsible for transporting the child to and from those activities, including preparations and/or practices for those activities. Neither parent shall sign up the child for any activity unless the child definitely desires to attend that activity. Neither parent shall sign the child up for any activity that takes place during the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. Participation in activities during the school year is contingent upon the child maintaining passing grades. k FM TLM 13. Disparaging Remarks: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their child and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 14. Relocation: The parties hereby agree that neither shall relocate more than thirty miles from his or her current residence, where the other parent does not agree to the relocation in writing. The parties shall notify the other at least sixty days prior to the relocation, where possible. Where a party intends to move more than thirty miles from his or her current residence, the other party shall be notified and his or her consent received prior to the relocation. 15. Applicable Laws: Any provision in this Agreement regarding child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. M TLM 16. Modification: The provisions of this Agreement may only be modified by a further Order of Court or a written agreement between the parties which has been submitted to the Court for further Order. 17. The parties hereby agree that the terms of this Custody Stipulation shall be entered as a Final Order of Court in the captioned matter, superseding in full any prior Orders entered in this matter. 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17102 Telephone (717) 761-7573 J ehn ert, Es uire ney for Plaintiff Scott F. McCann 109 Hill Lane Mechanicsburg, PA 1705 P iff 2 West High Street Carlisle, PA 17013 Telephone (717) 249-0900 Michelle L. So mer, Esquire Attomey for efendant Tonya L. McCann 1101 Lindham Ct Apt. 410 Mechanicsburg, PA 17055 Defenda t FM TLM MAR.17 2010?) SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER ADOPTING tSTIPULATION OF PARTIES AND NOW, this Q11 day of Mar&?n , 2010, it is hereby ORDERED that the terms, conditions and provisions of the attached Custody Stipulation are adopted as an Order of Court as if set forth herein at length. BY THE COURT: Judge 194 rn 311 gb//v ?r? _ ABOM CSI' ICLITLILAKIS ("IL' ~t - ,r~~ -,~,- Michelle L Sommer, Esgxire Attorney I.D. No.: 93034 2 West High Street Car/lsk, PA 17013 (717) 249-0900 SCOTT F. McCANN Petitioner v. TONYA L. McCANN, Respondent n ~; i ,~lo pub In Pm 3: ~3 ~l;' __ . _ ; ~ ~; r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA N0.2010-258 CIVIL TERM CNIL ACTION -LAW IN DNORCE AND CUSTODY RESPONDENT'S COUNTERCLAIM UNDER ~i5n2 of Lhc DIVORCE CODE REQUESTING NEW MATTER AND NOW this 10`~ dap of August, 2010, comes the Respondent, Tonya L. McCann, by and through her undersigned counsel, Michelle I.. Sommer, of Abom & Kutulakis, L.L.P., and who respectfully sets forth the following Counterclaim under , fl'35Q2 of the Divorce Code Requesting New Matter and avers the following: 1. The parties were married on October 23, 2004, in Mechanicsburg, Cumberland County, Pennsylvania. 2. The parties separated on January 28, 2010, through service of the Divorce Complaint on that date. 3. On January 8, 2010, Petitioner filed a Complaint in Divorce and Custody requesting, among other things, Equitable Distribution of Marital Property under §3502(x) of the Divorce Code, which states that the Plaintiff and Defendant have acquired Marital Property and the Petitioner requested that the Court equitably divide, distribute, or assign the marital property between the parties., 4. On April 9, 2010, despondent filed an Answer to Complaint in Divorce and Counterclaim under §3702, with ~'Lno objection to the Petitioner's request for Equitable Distribution of Marital Property. 5. On April 9, 2010, Petitioner filed a Praecipe to Withdraw Economic Claims Raised in Complaint, voluntarily withdrawing Petitioner's economic claims to equitable distribution raised in his Complaint for Divorce and Custody filed on January 8, 2010. COUNTERCLAIM FdR EQUITABLE DISTRIBUTION UNDER §3502 of the DIVORCE CODE 6. Paragraphs one (1) through five (5) are incorporated herein by reference as though set forth in full. 7. Respondent hereby avers that the parties have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to §3502(a) of the Divorce Code. 8. Respondent requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Respondent respectfully requests that the Court enter an Order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. Respectfully submitted, ABOM & KUTULAKIS L.L.P. 10 10 ~ ~~ - Date Michelle L. S er, Esquire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Respondent PURSUANT TO Pa.RC.P. 1024[cl Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them cam be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. X4904, relating to unsworn falsification of authorities. Date: ~~~~~~~ ~_ Michelle L. Somme ,Esquire AND NOW, this 10~' day of August, 2010, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Respondent's Counterclaim under X3502 of the Divorce Code Requesting New Matter to the Petitioner by First Class U.S. Mail at the following address: Julie A. Wehnert, Esquire Kope & Associates, LLC 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 Attorney for the Petitioner Michelle L. Somm , Esquire Fi { t. JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com Attorney for Plaintiff SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - : LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Julie A. Wehnert, Esquire on behalf of Kope & Associates, LLC and enter the appearance of Julie A. Wehnert, Esquire on behalf of Jividen & Wehnert, LLC as attorneys for the Plaintiff, Scott McCann, in the above- captioned action. Date: Y l Juli Wehnert, Esquir Jivi n & Wehnert, LLC 3461 Market Street, Suite 101 Camp Hill, PA 17011 Tele: (717) 730-3700 Fax: (717) 730-3770 CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire do hereby certify that on this day of March, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Michelle Sommer, Esquire Abom & Kutalakis, LLP 2 West High Street Carlisle, PA 17013 JULI WEHNERT, ESQUIRE 3461 rket Street, Suite 101 Cam ill, PA 17011 Supreme Court ID# 307900 (717) 730-3700 Attorney for Plaintiff I ILEU-;3PI Iu OF THE PROTIIf1N ?TA R`.` JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com 2911 JUL 19 AM 9: 54 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff SCOTT F. MCCANN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2010-258 TONYA L. MCCANN, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 8, 2010. 2. The Complaint was served by certified and first class mail, and was signed for by the Defendant on January 28, 2010. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date :'-l Tonya L. McCann JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. O l* TW PRR1TNQititO T3 Aft 2011 JUL 19 AN 9: 54 CUMBERLAND COUNT'," PENNSYLVANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-258 CIVIL ACTION - LAW 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 in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with ' the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. C-0, 0 '?-- Date: Q??,L Tonya L. McCann SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. e""? ha cz) f-? ? z L11 -, r-- Z;, r N N Vn C) C? t "4 cz, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-258 : CIVIL ACTION - : LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Scott F. McCann of Mechanicsburg, Cumberland County, Pennsylvania ("Husband") and Tonya L. McCann of Mechanicsburg, Cumberland County, Pennsylvania ("Wife"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on October 23, 2004, in Mechanicsburg, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by \v-\A 1 of 22 SF TLM either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" or "Code" shall be defined as Pennsylvania C.S.A. Title 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court 6F2 of 22 TLM which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2010, No. 2010-258, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) of the Domestic Relations Code. The parties shall promptly file any other paperwork as may be required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than two (2) months from the DYYX 3 of 22 SF TLM date of execution of this Agreement. 6.02. Responsibility for Proceeding with Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents, and shall obtain two certified copies of the divorce decree at said time, providing one such copy to Wife upon receipt. These documents shall be filed no later than thirty (30) days after the execution of the Marital Settlement Agreement. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 4 of 22 SF TLM 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Julie A. Wehnert, Esquire. Wife has been represented by Michelle L. Sommer, Esquire. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. -TY\A 5 of 22 SF TLM 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. Neither party shall file bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, which discharge would cause the other party to bear the obligation of the discharge. Since Defendant has previously had debts discharged in bankruptcy, this provision will exclude any and all debts that Defendant included in bankruptcy or are otherwise contained in this Agreement. 7M 6 of 22 SF TLM 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: -MA -?§ SFM TLM A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this 7 of 22 Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. I ?? 8 of 22 SF TLM 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. A --(Vv\ 9 of 22 SFM TLM 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed separate returns for the years 2009 and 2010 for both federal and state. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such individual filings, each will be responsible for payment of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received after the execution of this Agreement, from any joint filing from a previous year, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. `I V\A 10 of 22 SF TLM SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' assets and debts shall be divided and distributed as follows: A. Real Estate: (1) 109 Hill Lane. Mechanicsburg, Pennsylvania 17050: Husband owns real estate, specifically a house and lot known and numbered as 109 Hill Lane, Mechanicsburg, Pennsylvania 17050. Under the terms of the Agreement, and as finalized by this divorce, Wife shall have no claim, rights, interest and/or liability towards or in said real estate. Husband shall maintain exclusive right and interest in said property. B. Personal Property: The parties' tangible personal property including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property, shall be divided and distributed as follows: (1) To Wife: All personal property currently in Wife's possession. 11 of 22 ASFM TLM (2) To Husband: All personal property currently in Husband's possession. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles (which shall be defined to include automobiles, boats, snowmobiles, motorcycles, trailers, campers and the like) owned by one or both of the parties, and loans associated therewith, shall be divided and distributed as follows: (1) To Wife: 2009 Toyota Highlander (2) To Husband: 2008 Toyota Sienna (3) The parties shall be responsible for securing and maintaining their own automobile insurance on the vehicles assigned to each, respectively, as of the date of execution of this Agreement, as such insurance may be required by state law. The parties agree that each party will be solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. D. Title Transfer: The vehicles owned by the parties respectively shall be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section must be made in accordance with the law within thirty (30) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. The parties hereby agree that the vehicles assigned within this Agreement are titled only in the name of the person receiving custody and ownership under this Agreement, and, as such, no title transfer is necessary. sA I-Y\A 12 of 22 SFM TLM E. Monetary Distributions/Bank Accounts: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: (1) To Wife: Any and all funds currently held in Wife's name alone, or in Wife's name with third parties. (2) To Husband: Any and all funds in Husband's separate accounts currently in Husband's name alone, or in Husband's name with third parties. (3) The parties acknowledge that there are no savings, checking, money market and/or other bank accounts in the names of both Husband and Wife at the time of execution of this Agreement. The parties agree that all monies held previously in joint accounts have been distributed to the parties' mutual satisfaction and no transfer of funds from the parties' respective bank accounts is necessitated by this Agreement. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: (1) To Wife: Any and all shares, accounts, and/or investments currently held in Wife's name alone. (2) To Husband: Any and all shares, accounts, and/or investments currently in Husband's name alone. (3) The parties assert that there are no joint shares, accounts, and/or investments held in the names of both parties. In the event that there is any joint share, account and/or investment existing at the time of execution of this Agreement, the parties hereby agree that the share A )LA 13 of 22 SFM TLM shall be sold and the proceeds divided equally, and/or that the account shall be closed immediately and all monies split equally. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife: Wife shall be solely liable for any and all debts held in Wife's name only. (2) To Husband: Husband shall be solely liable for any and all debts held in Husband's name only. 1. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife: Pursuant to a Qualified Domestic Relations Order that the parties shall cause to be entered within one month of the execution of this Agreement, Wife shall receive the sum of fifteen thousand four hundred dollars and zero cents ($15,400.00) from Husband's Nadart Investment Choice 401(k) retirement account through his employment at Team Rahal of Mechanicsburg, Inc., whose plan administration offices are " 1 \(`?L 14 of 22 SFM TLM located at 8400 Westpark Drive, McLean, Virginia 22101. Said funds will be distributed to Wife as a rollover into her Home Depot FutureBuilder 401(k) plan administered by Benefits Choice Center, 100 Half Day Road, P.O. Box 1493, Lincolnshire, IL 60069-1493. Said distribution will be done upon final approval and execution of the proposed Qualified Domestic Relations Order as prepared by Husband's counsel. It is the intention of the parties that this transfer of funds from Husband to Wife pursuant to this Order shall carry with it no tax consequences or penalties to Husband. (2) To Husband: Except what is specifically outlined in Section 22.1.1 above, Husband shall retain any and all right, title, interest to the remaining Nadart Investment Choice 401(k) Plan as well as his entire Nationwide IRA and other employee benefits that he may have and Wife waives all right, title and interest to these assets. 23. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 4 B. As Is Condition: Except as otherwise specifically herein provided, a ? 15 of 22 SF TLM and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. D. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. E. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. F. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending 91M 16 of 22 SFM TLM against the obligation and/or enforcing the provisions of this indemnification. G. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. H. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability, unless otherwise provided for herein. 1. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 24. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither party shall seek any contribution thereto from the other party for the payment of counsel fees incurred in this action, except as otherwise expressly provided herein. LA 17 of 22 SFM TLM 25. ALIMONY, APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 26. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband currently provides health insurance coverage for himself, Wife and the parties minor children. Wife will be responsible for maintaining her own health insurance at the time the divorce decree is issued as Husband will be removing her from his health insurance plan. Husband will continue to provide health insurance coverage for the parties' minor children. The parties hereby agree that as of the date of execution of this Agreement, and for all times forward, no party shall be responsible for 18 of 22 FM TLM the costs of health care coverage of the other, including but not limited to unreimbursed medical expenses, premiums, deductibles, or copays. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 28. DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most ten (10) business days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents may include, but are not limited to, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance documents. VA 19 of 22 SF TLM 29. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled ay any time in the future, or where in the world property owed or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 30. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall continue in full force, effect and operation. 31. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and TV" 20 of 22 F TLM the same agreement. 32. BINDING EFFECT. By signing this Agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this Agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. 33. HEADINGS. The paragraph headings and other captions used in this Agreement are been inserted for convenience and reference only, and do not constitute matter to be construed in interpreting this Agreement, nor shall they be considered to modify the provisions which they precede. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. y SEAL Sc . McCann Date: 7 1 -Alq OLA-AA _ -(SAL) Tonya L. McCann Date: - T )3- ) 1 j--(vv 21 of 22 SF TLM COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF Lvt?n?ne c ?G. On this, the lgA?' day of -T,, y , 2011, before me, a Notary Public, the undersigned officer, personally appeared Scott F. McCann, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: AKTP Mf k(;1 cL S. Na(? COMMONWEALTH OF PENNSYLVANIA ) =W7"gf Notoy S S : r? COUNTY OF /)) TIZLQ?? zm On this, the day of -fulw , 2011, before me, a Notary Public, the undersigned officer, personally appeare onya L. McCann, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: za4-? r a-A. /Z 22 of 22 SF TLM COMMONWEALTH OF PENNSYLVANIA NpTAR1AL,SEAL Deborah L. Ryan, Notary Public Carlisle Borough, Cumberland County My commission exvires June 11, 2014 i'` iLE D-OE' lt; 2011 JUL 22 PM 1: 45 Cl11?8EtdRLSYI.`??(AF? A T.i SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - : LAW IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF A "QUALIFIED DOMESTIC RELATIONS ORDER" AND NOW, this day of JLX? , 2011, the parties, SCOTT F. MCCANN, Plaintiff, and TONYA L. MCCANN, Defendant, as parties to a divorce matter docketed at Docket Number 2010-258 in the Court of Common Pleas of Cumberland County, do hereby stipulate and agree as follows: 1. The Plaintiff, Scott F. McCann, (hereinafter referred to as "Participant") is a participant in the Team Rahal of Mechanicsburg, Inc. NADART 401(k) Plan (hereinafter referred to as "401(k) Plan") provided through his employment with Team Rahal of Mechanicsburg, Inc., Plan ID-590395, administered and/or managed by NADA Retirement Administrators, Inc., 8400 Westpark Drive, McLean, VA 22102. Participant's date of birth is August 14, 1975 and his Social Security Number is 198-54-6795. Participant's address is 109 Hill Lane, Mechanicsburg, PA 17050. 2. The Defendant, Tonya L. McCann, (hereinafter referred to as "Alternate Payee") is the current or former spouse of Plaintiff, Scott L. McCann. Alternate Payee's date of birth is August 8, 1980 and her Social Security Number is 181-62-5520. Alternate Payee's address is 1101 Lindham Court, Apt. 410, Mechanicsburg, PA 17050. 3. Alternate Payee shall receive a one-time rollover payment to her Home Depot FutureBuilder 401(k) Plan of $15,400.00 from Participant's 401(k) account, which payment shall be taxable to Alternate Payee upon receipt. This is a retirement savings and investment plan, provided through her employment and administered by Benefits Choice Center, 100 Half Day Road, P.O. box 1493, Lincolnshire, IL 60069-1493 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement o hereunto place their hands and seals. [SEAL] PI , ernate Payee Attorn for the Plaintiff/Alt rnate Payee ?U_?46:? QS,?,k? _ [SEAL] Pefenda'nt/Partici ant (Uwjo ?&- 60& Attorney for Defend t/Participant SCOTT F. MCCANN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION TONYA L. MCCANN 2010-258 CIVE M NO °-d rn . = 77 ? r- <> a r... ? PRAECIPE TO TRANSMIT RECORD -+ca c =C:) >" To the Prothonotary: r l Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Certified mail received and signed for by Defendant on January 28, 2010 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff May 21, 2010 ; by defendant July 13, 2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: There is a Marital Settlement Agreement executed on July 19, 2011 that is incorporated for enforcement purposes only but not merged. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: May 25, 2010 Date defendant's Waiver of Notice was filed with the Prothonotary: July 19, 2011 SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - : LAW IN DIVORCE n C -,? X rnCD =M ;Z;V ? r -yC T' rr c-; cz: c r N co QUALIFIED DOMESTIC RELATIONS ORDER ARTICLE I - PREAMBLE CD rv This Qualified Domestic Relations Order is entered in Cumberland County, this ?h ?$ day of _ ,,` , 2011, pursuant to the Commonwealth of Pennsylvania. Section 3502 of the Pennsylvania Domestic Relations Code, provides for the disposition of all or part of moneys due to Scott F. McCann (the "Particpant") under the qualified plan described in Article III and grants Tonya L. McCann (the "Alternate Payee") rights in such Plan on the terms set forth in this Order. ARTICLE II - STATUS OF ORDER It is intended by this Court for the Order to constitute a "Qualified Domestic Relations Order," as defined in section 414(p) of the Internal Revenue Code of 1986, section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, and the Retirement Equity Act of 1984, as amended. ? ?C? wehA erg, Es9. ?/YI,'?e?le G. ?ornrne?, Es?. r-, rn? Q -n M(- ARTICLE III - QUALIFIED PLAN AFFECTED BY ORDER This Order applies to Team Rahal of Mechanicsburg, Inc. Nadart 401(k) Plan (the "Plan") ARTICLE IV - JURISDICTION This Court finds it has jurisdiction over the parties and the Plan subject to this Order. This Court further specifically retains jurisdiction over these parties and Plan to establish or maintain this Order as a Qualified Domestic Relations Order. ARTICLE V - LIMITATIONS ON THIS ORDER Nothing in this Order shall be construed to require the Plan: (A) To provide any type of form or benefits or any other option, not otherwise provided under the Plan; (B) To provide benefits to Alternate Payee which are required to be paid to another alternate payee under an order previously determined to be a Qualified Domestic Order with respect to the Plan. ARTICLE VI - PERSONAL INFORMATION The name, mailing address, Social Security number, marriage and divorce date of the Participant: Scott F. McCann 109 Hill Lane Mechanicsburg, PA 17050 198-54-6795 DOM: October 23, 2004 the fully vested amount in the Participant's account. The Alternate Payee may apply for the balance of the award at the earliest date permitted under the Plan, and in any event no later than the earlier of the date of the Participant's interest in the Plan becomes fully vested, or the date the Participant becomes entitled to distribution. The Participant's respective vested account balances under the Plan shall be reduced by the amount required to be paid to Alternate Payee determined as of the above mentioned date. The Alternate Payee may elect any form of distribution available under the terms of the plan document and applicable law as they exist at the time distribution is elected. ARTICLE VIII - EFFECT OF DEATH OF PARTICIPANT The Participant's death prior to the Alternate Payee's receipt of benefits from the Plan pursuant to this Order shall not decrease the amount of benefits payable to the Alternate Payee pursuant to this Order. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT F. MCCANN V. TONYA L. MCCANN DIVORCE DECREE AND NOW, it is ordered and decreed that SCOTT F. MCCANN , plaintiff, and TONYA L. MCCANN , 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.") There is a Marital Settlement Agreement that was executed on July 19, 2011 that is incorporated for enforcement purposes only but not merged. By the Court, t: J. Prothonotary : No. 2010-258 C601? copy ,,, meal & .Scmmer- JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 iawehnert(c_gmail.com SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. i - Z: r q (Z) CD c ° Wr ?* a CD Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Plaintiff, SCOTT F. MCCANN, by and through his attorney, JULIE A. WEHNERT, ESQ., and makes the following Petition to Modify the Custody Order: 1 2 3 4 The Petitioner is Scott F. McCann, residing at 109 Hill Lane, Camp Hill, Cumberland County, Pennsylvania 17011, (hereinafter "Petitioner" or "Father"). The Respondent is Tonya L. McCann, residing at 1101 Lindham Court, Apt. 410, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter "Respondent" or "Mother"). Petitioner and Respondent are the natural mother and father, respectively, of the following children: Tara M. McCann, born April 4, 2006 and Jackie L. McCann born January 11, 2008 (hereinafter the "children"). The children were born in wedlock. cii L,? l? 1143 fi 0-71y,/ 5. An Order of Court was issued on March 17, 2010 regarding the custody of the children, pursuant to a Custody Stipulation signed by the parties on March 10, 2010. A true and correct copy of said order is attached as Exhibit "A" (hereinafter the "Order"). 6. This Order provides that the parties share legal and physical custody of the children. Mother has primary custody of the children and Father has custody on weekends and one night per week. 7. Since the issuance of the March 17, 2010 Custody Order, Mother and Father have not followed order. The actual custodial arrangement that the parties have been exercising is one where the Father has had custody of the children primarily. Father would like to modify the current custody order to accurately reflect the custodial arrangement that the parties have been exercising and has been verbally agreed upon. 8. The best interest and permanent welfare of the children will be served by granting the relief as requested because: a. It will more accurately reflect the actual custodial arrangement that the parties have been adhering to and will have no disruption on the children's schedule or routine. The parties have already verbally agreed to this modification of the custody order; b. Father is able to provide a stable home and emotional environment for the children; and c Father has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 9. Petitioner does not know of a person not a party to the proceedings that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. Each parent whose parental rights to the children have not been terminated and all persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner requests that this Honorable Court modify the Order to more accurately reflect the custodial arrangement that the parties are adhering to and give grant Petitioner primary physical custody of the children. Respectfully Submitted, f Dated: 4AJu. Wehnert, Esq. SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, this /14L\day of , 2010, it is hereby ORDERED that the terms, conditions and provisions of the attached Custody Stipulation are adopted as an Order of Court as if set forth herein at length. Foojr°N` BY THE COURT: C ?e- r ,IN. p4e.'14' Judge TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hared and the a of said at Ca lisle, Pa,?.? This ?sy of 20 1Z_ Prothonotary JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-258 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY STIPULATION AND NOW, this 164 day of 2010, it is STIPULATED and AGREED by and between the parties, Tonya L. McCann (hereinafter "Mother"), and Scott F. McCann (hereinafter "Father), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor biological children Tara M. McCann, born April 4, 2006 and Jackie L. McCann, born January 11, 2008 (hereinafter the "children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the child. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's right to share legal custody of the child. The parents agree not to attempt A M TLM or alienate the affections of the child from the other parent. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. The party with custody of the child on any given day shall be solely responsible for transporting the child to and from all appointments scheduled on said day. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. As soon as practicable after receipt by a parent, copies of the child's school schedules, special events notifications, report cards, and similar notices shall be provided to the other parent. Each parent shall notify the other of any medical, dental, optical and other appointments of the child with health care providers, sufficiently in advance of said appointment thereof so that the other parent can attend. A parent shall provide complete contact information for both parents whenever emergency or contact information is requested by form or otherwise by any school, daycare provider or treating professional. Despite this Order, if any service provider or professional still requires a release for a parent to access the Children's educational, M TLM J( - religious or medical information, both parents shall execute a release within ten (10) days of any written request by the other parent or his or her counsel. 2. Primary Physical Custody: Primary physical custody of the children shall be with the Mother. 3. Partial Physical Custody: Father shall have rights of partial physical custody as follows: a. 1st and 3rd Weekends: Father shall have rights of partial custody every 15t and 3rd weekend of the month, from Friday at 6 pm until Sunday at 6 pm b. 2nd Weekend: Father shall have rights of partial custody every 2nd weekend of the month from Friday at 6:00 pm until Saturday at 6:00 pm. C. 4th Weekend: Father shall have the right of first refusal for partial custody from Friday at 6:00 pm until Saturday at 6:00 pm. d. Weeknights: Father shall have rights of partial custody on Wednesday evenings, from 6 pm until 8 pm. The parties may agree to alternate times for weeknight custodial times to accommodate schedules. 4. Holidays: Mother and Father shall both enjoy holidays with the child. In the absence of agreement to the contrary, the custody of the child during the holidays shall be as follows: a. Christmas: Custody of the child during the Christmas holiday shall be divided into two segments. Segment A runs from 9:00 am on December 24th until 2:00 pm on December 25th. Segment B runs from 2:00 pm on December 25th until 7:00 pm on December 26th. Mother shall have Segment A in all even- M TLM J? - numbered years and Segment B in all odd-numbered years. Father shall have Segment A in all odd-numbered years and Segment B in even-numbered years. b. Other Holidays: Father and Mother agree to alternate custody of the child on New Year's Day, Easter, Memorial Day, Independence Day holiday, Labor Day, and Thanksgiving. Custodial time on these holidays shall commence at 8 am and conclude at 8 pm. The parties will alternate these holidays, with Mother enjoying custody of the child on Easter, Independence Day and Thanksgiving in all odd years, and New Year's Day, Memorial Day and Labor Day in all even years. Father shall enjoy custody of the child on Easter, Independence Day and Thanksgiving in all even years, and New Year's Day, Memorial Day and Labor Day in all odd years. C. Mother's Day and Father's Day: Mother will always have custody of the child from 8 am until 8 pm on Mother's Day. Father will always have custody of the child from 8 am until 8 pm on Father's Day. d. Holiday Time: Holiday time shall take priority over regular custodial time;, once the Holiday time has ended, the parties shall return to their normal custodial schedule. 5. Vacation Time: Each parent shall be entitled to (2) two full weeks of vacation time with the child during the calendar year. The parties shall not take these weeks consecutively. The party intending on exercising such right shall notify the other parent by writing no less than thirty days prior to the onset of said vacation. In the event M TLM that the parties both intend to utilize vacation on the same dates, the party providing notice first shall prevail and shall be entitled to vacation custody on those dates. 6. Additional time: Mother and Father may make agreements for additional times of custody, and/or altered times of custody. Should the parties choose to deviate from the custody schedule in their order, by agreement, on occasion or on a regular basis, these agreements shall not modify the regular custody schedule. 7. Transportation: Mother and Father shall share responsibility for the transportation for the child. In the absence of agreement to the contrary, the person beginning his or her custodial period shall be responsible for picking up the child. At all times, the child shall be secured in the appropriate passenger restraints when being transported in a vehicle. No person transporting the child shall consume alcoholic beverages prior to transporting the child, or be under the influence of alcohol or a controlled substance while transporting the child. 8. Late for Exchange: In the event that any parent is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other parent will be free to make other plans with the child. 9. Parents should provide one another with a phone number and address where the child may be contacted, whenever reasonably possible. This principle applies to situations such as vacations. Each parent should be promptly and politely responsive to the other parent's telephone calls. Each party agrees to supply the name, ?FM TLM address and phone numbers of any persons in whose care the child will be for a period in excess of forty-eight (48) hours, and for each person or entity which may provide day care for the child. 10. During any period of custody or visitation the parties to this Order shall not consume alcoholic beverages, possess or use any controlled substance, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive. Both parties agree to use common sense in scheduling telephone calls. 12.. Extracurricular Activities: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. During the times that each parent has custody of the child, he or she will make certain that the child attends any extracurricular activities, and will be responsible for transporting the child to and from those activities, including preparations and/or practices for those activities. Neither parent shall sign up the child for any activity unless the child definitely desires to attend that activity. Neither parent shall sign the child up for any activity that takes place during the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. Participation in activities during the school year is contingent upon the child maintaining passing grades. 4F6MTLM 13. Disparaging Remarks: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their child and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 14. Relocation: The parties hereby agree that neither shall relocate more than thirty miles from his or her current residence, where the other parent does not agree to the relocation in writing. The parties shall notify the other at least sixty days prior to the relocation, where possible. Where a party intends to move more than thirty miles from his or her current residence, the other party shall be notified and his or her consent received prior to the relocation. 15. Applicable Laws: Any provision in this Agreement regarding child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. M TLM 16. Modification: The provisions of this Agreement may only be modified by a further Order of Court or a written agreement between the parties which has been submitted to the Court for further Order. 17. The parties hereby agree that the terms of this Custody Stipulation shall be entered as a Final Order of Court in the captioned matter, superseding in full any prior Orders entered in this matter. 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17102 Telephone (717) 761-7573 / r /Julie A. Wehnert, Es. uire (,4ttorney for Plaintiff 2 West High Street Carlisle, PA 17013 Telephone (717) 249-0900 W?j Michelle L. So mer, Esquire Attorney for efendant Scott F. McCann 109 Hill Lane Mechanicsburg, PA 1705 1 r P iff Tonya L. McCann 1101 Lindham Ct Apt. 410 Mechanicsburg, PA 17055 Defendaht A 1 % TL VERIFICATION 1, Scott McCann, the Petitioner in this matter, have read the foregoing Petition to Modify Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: Scott cCann JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA, 17011 (717) 730-3700 iawehnerta-gmail. com i?r_ FFC? cj 0T H0n0T1 f. A.0 12 FES 23 Atli 11: 22 C 1,413E iLAND COUNT', ''FNNSYLVAiNIA Attorney for Plaintiff SCOTT F. MCCANN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2010-258 TONYA L. MCCANN, CIVIL ACTION - LAW Defendant. IN DIVORCE AND CUSTODY STIPULATION AND NOW, this I WR day ofE Q , 2012, it is STIPULATED and AGREED by and between the parties, Tonya L. McCann (hereinafter "Mother"), and Scott F. McCann (hereinafter "Father), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor biological children Tara M. McCann, born April 4, 2006 and Jackie L. McCann, born January 11, 2008 (hereinafter the "children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the children. The parties agree that major decisions concerning the children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each parent agrees not to impair the other parent's right to share legal custody of the children. The parents SFM TLM agree not to attempt or alienate the affections of the children from the other parent. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. The party with custody of the children on any given day shall be solely responsible for transporting the children to and from all appointments scheduled on said day. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. As soon as practicable after receipt by a parent, copies of the children's school schedules, special events notifications, report cards, and similar notices shall be provided to the other parent. Each parent shall notify the other of any medical, dental, optical and other appointments of the children with health care providers, sufficiently in advance of said appointment thereof so that the other parent can attend. A parent shall provide complete contact information for both parents whenever emergency or contact information is requested by form or otherwise by any school, daycare provider or treating professional. Despite this Order, if any service provider or professional still requires a release for a parent to access the children's educational, SFM TLM religious or medical information, both parents shall execute a release within ten (10) days of any written request by the other parent or his or her counsel. 2. Primary Physical Custody: Primary physical custody of the children shall be with the Father. 3. Partial Physical Custody: Mother shall have rights of partial physical custody as follows: a. 1St and 3rd Weekends: Mother shall have rights of partial custody every 1St and 3rd weekend of the month, from Friday at 6 pm until Sunday at 6 pm b. 2"d Weekend: Mother shall have rights of partial custody every 2nd weekend of the month from Friday at 6:00 pm until Saturday at 6:00 pm. C. 4th Weekend: Mother shall have the right of first refusal for partial custody from Friday at 6:00 pm until Saturday at 6:00 pm. d. Weeknights: Mother shall have rights of partial custody on Wednesday evenings, from 6 pm until 8 pm. The parties may agree to alternate times for weeknight custody to accommodate schedules. 4. Holidays: Mother and Father shall both enjoy holidays with the children. In the absence of agreement to the contrary, the custody of the children during the holidays shall be as follows: a. Christmas: Custody of the children during the Christmas holiday shall be divided into two segments. Segment A runs from 9:00 am on December 24th until 2:00 pm on December 25th. Segment B runs from 2:00 pm on December 25th until 7:00 pm on December 26th. Mother shall have Segment A in S/FOM TLM all even-numbered years and Segment B in all odd-numbered years. Father shall have Segment A in all odd-numbered years and Segment B in even- numbered years. b. Other Holidays: Father and Mother agree to alternate custody of the children on New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. Custodial time on these holidays shall commence at 8 am and conclude at 8 pm. The parties will alternate these holidays, with Mother enjoying custody of the children on Easter, Independence Day and Thanksgiving in all odd years, and New Year's Day, Memorial Day and Labor Day in all even years. Father shall enjoy custody of the children on Easter, Independence Day and Thanksgiving in all even years, and New Year's Day, Memorial Day and Labor Day in all odd years. C. Mother's Day and Father's Day: Mother will always have custody of the children from 8 am until 8 pm on Mother's Day. Father will always have custody of the children from 8 am until 8 pm on Father's Day. d. Holiday Time: Holiday time shall take priority over regular custodial time, once the Holiday time has ended, the parties shall return to their normal custodial schedule. 5. Vacation Time: Each parent shall be entitled to (2) two full weeks of vacation time with the children during the calendar year. The parties shall not take these weeks consecutively. The party intending on exercising such right shall notify the other parent by writing no less than thirty days prior to the onset of said vacation. In the SF TLM event that the parties both intend to utilize vacation on the same dates, the party providing notice first shall prevail and shall be entitled to vacation custody on those dates. 6. Additional time: Mother and Father may make agreements for additional times of custody, and/or altered times of custody. Should the parties choose to deviate from the custody schedule in their order, by agreement, on occasion or on a regular basis, these agreements shall not modify the regular custody schedule. 7. Transportation: Mother and Father shall share responsibility for the transportation for the children. In the absence of agreement to the contrary, the person beginning his or her custodial period shall be responsible for picking up the children. At all times, the children shall be secured in the appropriate passenger restraints when being transported in a vehicle. No person transporting the children shall consume alcoholic beverages prior to transporting the children, or be under the influence of alcohol or a controlled substance while transporting the children. 8. Late for Exchange: In the event that any parent is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other parent will be free to make other plans with the children. 9. Parents should provide one another with a phone number and address where the children may be contacted, whenever reasonably possible. This principle applies to situations such as vacations. Each parent should be promptly and politely SFM TLM responsive to the other parent's telephone calls. Each party agrees to supply the name, address and phone numbers of any persons in whose care the children will be for a period in excess of forty-eight (48) hours, and for each person or entity which may provide day care for the children. 10. During any period of custody or visitation the parties to this Order shall not consume alcoholic beverages in excess, possess or use any controlled substance, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the children which shall not be excessive. Both parties agree to use common sense in scheduling telephone calls. 12. Extracurricular Activities: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. During the times that each parent has custody of the children, he or she will make certain that the children attend any extracurricular activities, and will be responsible for transporting the children to and from those activities, including preparations and/or practices for those activities. Neither parent shall sign up the children for any activity unless the children definitely desire to attend that activity. Neither parent shall sign the children up for any activity that takes place during the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. Participation in A _-T*?!-N_"s, SFM TLM activities during the school year is contingent upon the children maintaining passing grades. 13. Disparaging Remarks: Each parent agrees not to attempt to alienate the affections of the children from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their children and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the children whether the children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 14. Relocation: Relocation is defined as, any change in residence of the child, which significantly impairs the ability of a non-relocating party to exercise custodial rights. No party shall be permitted to relocate the residence of the children to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the children consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa. C.S.A. §5337(c). 15. Applicable Laws: Any provision in this Agreement regarding child custody and visitation shall be governed and enforceable as set forth in the applicable SF TLM Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 16. Modification: The provisions of this Agreement may only be modified by a further Order of Court or a written agreement between the parties which has been submitted to the Court for further Order. 17. The parties hereby agree that the terms of this Custody Stipulation shall be entered as a Final Order of Court in the captioned matter, superseding in full any prior Orders entered in this matter. 3461 Market Street Camp Hill, PA 17102 Telephone (717) 730-3700 Juli A. Wehnert, Esquire Attorney for Plaintiff Scott F. McCann 109 Hill Lane Mechanicsburg, PA 17 0 iff Sworn to or affirmed and Acknowledged before me by Tonya McCann On 2012 Notary Public Tonya L. McCann 1101 Lindham Ct Apt. 410 Mechanicsburg, PA 17055 Defen ant :' ?"\, SFM TLM SCOTT F. MCCANN, Plaintiff, vs. TONYA L. MCCANN, Defendant. zrrr m C d? , C7 y., Q n tCD >C- ?.. ?t IN THE COURT OF COMMON PLIAC CUMBERLAND COUNTY, PENNSYLVAN IA NO. 2010-258 CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, this Itth day of ?. , 2012, it is hereby ORDERED that the terms, conditions and provisions of the attached Custody Stipulation are adopted as an Order of Court as if set forth herein at length. BY THE COURT: Judge ?u.. e A. Wehiner o `'l- I onga L . l Cara, ea 101 OA I Al II)a