HomeMy WebLinkAbout04-3256LISA ERICKSON-MCCARREN,
Plaintiff
GARY MCCARREN,
v.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO ??j? Civil Term
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action.
You are warned that if you fail to do so, the case 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.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list
of marriage counselors is available in the Office of the Prothonotary at
the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone No. 1-800-990-9108 or 249-3166
8'andra L.. Me?
Attorney for Plaintiff
TUCKER ARENSBERG, P.C.
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeiltonedzmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA ERICKSON-MCCA.RREN,
Plaintiff No. 2004-CV -3256 (Civil Term)
v. CIVIL ACTION - LAW
GARY McCARREN,
Defendant (In Divorce)
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT is made this __? day of 2008, BY
and BETWEEN Lisa Erickson-McCarren of 415 Lincoln Street, Carlisle, Cumberland
County, Pennsylvania, hereinafter referred to as Wife,
A
N
D
Gary McCarren of 832 W. North Street, Carlisle, Cumberland County, Pennsylvania,
hereinafter referred to as Husband.
RECITALS
R.1: The Parties hereto were Husband and Wife, having been joined in
marriage on June 7, 1990 in Carlisle, Cumberland County, Pennsylvania; and
R.2: One (1) child was born of the marriage, namely, Gage A. McCarren,
whose date of birth is November 29, 1990; and
R.3: Differences have arisen between the Parties, in consequence of which the
parties have lived separate and apart since on or about April 1, 2004; and
R.4: The Parties have resolved that it is not possible to continue the marital
relationship between them for reasons known to them, in consequence of which they are
living separate and apart; and
R.5: Wife filed a Complaint in Divorce in Cumberland County on July 6, 2004
to the above-referenced term and number; and
R.6: It is the desire and intention of the Parties, after long and careful
consideration, to amicably adjust, compromise and settle all property rights, and all rights
in, to or against the property or estate of the other, including property heretofore or
subsequently acquired by either Party, and to settle all disputes existing between them,
including any claims or rights that they may have under the provisions of the Pennsylvania
Divorce Code, as amended; and
R.7: The Parties also desire to settle their issues of counsel fees and costs, and
the settling of any and all claims and possible claims against the other or against their
respective estates; and
R.8: The Parties desire to resolve all claims pending between them, including
the settlement of all of their respective property rights and other rights growing out of
their marriage relationship including, but not limited to, all matters between them relating
to the ownership of real and personal property, claims for spousal support, alimony,
alimony pendente lite, counsel fees and costs; and
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R.9: Husband and Wife declare that each has had a full and fair opportunity to
obtain independent legal advice of counsel of their selection; that Wife has been
independently represented by Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner
& Gingrich, LLC, and that Husband has been independently represented by Jennifer L.
Spears, Esquire, of Martson Law Offices; and
R.10: Both Husband and Wife each covenant that they have made full and
complete disclosure to the other of his and her respective property holdings and income;
and
R.11: The parties confirm that they have relied on the completeness and
substantial accuracy of the financial disclosure of the other as an inducement to the
execution of this Agreement. The parties acknowledge that there has been formal
discovery conducted in their pending divorce action and that both parties have filed an
Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce
Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for
equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned
by the other party in an asset of any nature at any time prior to the date of execution of this
Agreement that was not disclosed to the other party or his or her counsel prior to the date
of the within Agreement is expressly reserved. In the event that either party, at anytime
hereafter, discovers such an undisclosed asset, the parry shall have the right to petition the
Court of Common Pleas of Cumberland County to make equitable distribution of said
asset. Further, the non-disclosing party shall be responsible for payment of counsel fees,
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costs or expenses incurred by the other party in seeking equitable distribution of said asset.
Notwithstanding the foregoing, the Agreement shall in all other respects remain in full
force and effect.
NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated
by reference and deemed an essential part hereof and in consideration of the covenants
and promises hereinafter to be mutually kept and performed by each Party, as well as for
other good and valuable consideration, receipt of which is hereby acknowledged, the
Parties, intending to be legally bound, hereby agree as follows:
(1) SEPARATION: It shall be lawful for each Party at all times hereafter to
live separate and apart from the other Party at such place or places as he or she from time
to time may choose or deem fit, free from any control, restraint or interference from the
other. Neither Party will molest the other or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceeding. Neither Party shall disparage or
discredit the other in any way, nor in any way injure his or her reputation; nor shall either
of them act or permit anyone else to act in any way which might tend to create any
disaffection or disloyalty or disrespect between the members of the family of either Party.
Each Party shall be free of the interference, authority or contact by the other as if he or
she was single and unmarried except as maybe necessary to carry out the terms of this
Agreement and/or the terms of any Custody Agreement or Order.
(2) DIVORCE: The Parties acknowledge that the marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce decree in the above-
captioned divorce action. Simultaneous with the execution of this Agreement, the Parties
shall execute their respective Affidavits of Consent and Waiver of Notice Forms
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necessary to finalize the Divorce. Said Affidavits and Waivers, along with any and all
additional documents necessary to finalize the Divorce, will be filed in the Cumberland
County Prothonotary's Office as soon as administratively feasible.
If either Party fails or refuses to execute and file the foregoing documents, said
failure or refusal shall be considered a material breach of this Agreement for which the
other party may receive counsel fees and sanctions. Said breach does not entitle either
party to seek termination, or invalidation, of this Agreement, nor does it permit the other
party to assert the agreement as void for failure to execute the Consent and Waiver.
(3) REAL PROPERTY: Wife, individually, is the owner of certain real
property located at 415 Lincoln Street, Carlisle, Cumberland County, Pennsylvania
(hereinafter "Marital Residence"). Any and all encumbrances on the Marital Residence are
solely in Wife's name. Commencing on the execution date of this Agreement, and without
regard to when bills for such items are incurred, received or due, Wife shall be solely
responsible for all past, present and future costs or liabilities associated with or attributable
to maintaining the Marital Residence, including, but not limited to, mortgage payments, loan
payments (specifically including any loans from Wife's father), all real estate taxes, water
and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening
expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs,
executors, and administrators indemnified and held harmless from any liability, cost or
expenses, including attorney's fees, which are incurred in connection with such
maintenance, cost, and expenses or resulting from Wife's ownership of the Marital
Residence.
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Husband shall, simultaneously with the execution of this Agreement, execute a Quit
Claim Deed waiving any and all right, title and interest he may have in and to the Marital
Residence. Said Deed shall immediately thereafter be duly recorded with the Office of
Recorder of Deeds in and for Cumberland County, Pennsylvania.
(4) DEBT:
A. WIFE'S DEBTS: Wife represents and warrants to Husband
that since their separation on April 1, 2004 she has not, and in the
future she will not, contract or incur any debt or liability for which
Husband or his estate might be responsible and shall indemnify
and save harmless from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
From the date of execution of this Agreement, Wife shall use only
those credit cards and accounts for which she is individually liable
and the parties agree to cooperate in closing any remaining
accounts which provide for joint liability.
B. HUSBAND'S DEBTS: Husband represents and warrants to Wife
that since their separation on April 1, 2004 he has not, and in the
future he will not, contract or incur any debt or liability for which
Wife or her estate might be responsible and shall indemnify and
save harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
From the date of execution of this Agreement, Husband shall use
only those credit cards and accounts for which he is individually
liable and the parties agree to cooperate in closing any remaining
accounts which provide for joint liability.
C. OUTSTANDING JOINT DEBTS: In the event that either party
contracted or incurred any debts since the date of separation on
April 1, 2004, the party who incurred said debt shall be responsible
for the payment thereof regardless of the name in which the
account may have been charged.
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D. UNDISCLOSED DEBTS: Any liability not disclosed in this
Agreement will be the sole responsibility of the party who has
incurred or may hereafter incur it, and each agrees to pay it as the
same shall become due, and to indemnify and hold the other party
and.his or her property harmless from any and all such debts,
obligations and liabilities.
(5) MOTOR VEHICLES: The parties acknowledge that Wife owns a 1995
Toyota Celica. Husband hereby relinquishes any right, title or interest he may have in
and to the 1995 Toyota Celica currently in Wife's possession. Wife shall acquire and
maintain separate insurance on the Celica currently in her possession. Wife shall hold
harmless and indemnify Husband from any loss thereon. Wife specifically agrees to
assume full responsibility and pay in due course, any encumbrance on the Celica
currently in her possession.
The parties acknowledge that Husband owns a Toyota Sienna. Wife hereby
relinquishes any right, title or interest she may have in and to the Toyota Sienna currently
in Husband's possession. Husband shall acquire and maintain separate insurance on the
Toyota Sienna currently in his possession. Husband shall hold harmless and indemnify
Wife from any loss thereon. Husband specifically agrees to assume full responsibility and
pay in due course, any encumbrance on the Sienna currently in his possession.
To the extent that either of the vehicles are titled or encumbered jointly, within
ten (10) days of a request by the other party to do so, the parties hereto agree to execute
any and all documents necessary to individually title the vehicles with the
Commonwealth of Pennsylvania. Moreover, to the extent that either vehicle in the
possession of the parties is encumbered jointly, the parties hereto will refinance said loan
solely into their names within ninety (90) days of the execution of this Agreement.
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(6) EsSCENTS SALON: Husband hereby waives any right, title
and/or interest that he may have in and to Wife's business, EsScents Salon, specifically
including, but not limited to any equipment, inventory (both retail and professional)
and/or business accounts. Husband hereby acknowledges that he will sign any necessary
documents in order to transfer any legal interest that he may have in the aforesaid
business entity, including, but not limited to, stock certificates, shareholders agreements,
powers of attorney, and/or tax returns. From the date of execution of this Agreement,
Wife shall retain all right, title and/or interest in and to the aforesaid business entity as
her sole and exclusive property. In the event that Husband fails to sign any necessary
document within ten (10) days of any written request for him to do so, Wife may apply to
a court of competent jurisdiction, which shall be empowered to sign any such document
necessary to transfer title to Wife and, further, Husband shall be responsible to pay unto
Wife any expenses, including but not limited to attorneys fees and costs incurred as a
result of Husband's failure to sign the necessary documents leading to the necessity of
legal proceedings.
Husband hereby acknowledges that Wife has disclosed and provided to her, for
use by her counsel and any experts consulted or retained by Husband, all necessary
documents in order to properly value the aforesaid business entity, and that said -
valuations were made a part hereof and constituted a basis for the terms, conditions and
agreements provided for, herein.
Wife shall be responsible for any and all liabilities associated with EsScents
Salon, regardless of when said liabilities were incurred. Wife shall indemnify and hold
Husband harmless with regard to all such liabilities associated with EsScents Salon.
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(7) TANGIBLE PERSONAL PROPERTY: The parties hereto
acknowledge and agree that they have reached a satisfactory division of the furniture,
household furnishings, appliances, tools and other household personal property between
them. Each party shall, from and after the date hereof, be the sole and separate owner of
all such property whether said property was heretofore owned jointly or individually by
the parties hereto. This Agreement shall have the effect of an assignment or bill of sale
from each party to the other for such property as may be in the individual possession of
the parties hereto.
(8) INTANGIBLE PERSONAL PROPERTY: Each Party hereto hereby
relinquishes any right, title or interest he or she may have in or to any intangible personal
property currently titled in the name of or in the possession of the other party, including,
but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts,
employment benefits, including retirement accounts, savings plans, pension plans, stock
plans, 401(k) plans, 403 (b) plans and the like.
The Parties acknowledge that Wife has/had investment accounts, including a Roth
IRA, American Funds account, and a simple IRA with a total approximate marital value of
$43,140. Husband acknowledges that he has received documentation verifying these
accounts and values and Husband hereby forever waives and relinquishes any right, title
interest or claim he might otherwise have in and to Wife's aforesaid investment accounts.
Husband shall execute any and all documents necessary to waive any right, title and/or
interest he may have in and to Wife's aforesaid investment accounts.
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The Parties acknowledge that Husband has/had investment accounts, including a
Roth IRA and simple IRA with a total approximate marital value of $31,690. Wife
acknowledges that she has received documentation verifying these accounts and values
and Wife hereby forever waives and relinquishes any right, title interest or claim she
might otherwise have in and to Husband's aforesaid investment accounts. Wife shall
execute any and all documents necessary to waive any right, title and/or interest she may
have in and to Husband's aforesaid investment accounts.
(9) LIFE INSURANCE: To the extent that either of the Parties have life
insurance policies, simultaneous with the execution of this Agreement, those policies
shall become the sole and separate property of the individual owning the policy. Nothing
in this Agreement will prevent either Party from designating beneficiaries under or
encumbering their respective life insurance policies.
(10) AFTER-ACQUIRED PROPERTY: Each of the Parties shall hereafter
own and enjoy, independently of any claim or right of the other, all items of property, be
they real, personal or mixed, tangible or intangible, which are acquired by him or her
after execution of this Agreement, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
(11) WAIVER OF ALIMONY: The Parties acknowledge that each has
income and assets satisfactory to meet his and her own reasonable needs. Each Party
waives any claim he or she may have, one against the other, for alimony, spousal support
or alimonypendente lite.
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(12) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all
joint bank accounts have been closed or divided to their mutual satisfaction prior to the
execution of this Agreement.
(13) CASH PAYMENT: In exchange for Husband waiving his right, title and
interest in and to various marital assets in this Agreement, Wife shall pay to Husband
simultaneously with the execution of this Agreement, a total amount of Five Thousand
($5,000.00) Dollars via personal check. This payment is meant to be equitable
distribution and is therefore, not intended by either party to be a taxable event.
(14) TAX MATTERS: The Parties have negotiated this Agreement with the
understanding and intention to divide their mutual property. The Parties have determined
that such division conforms to a right and just standard with regard to the rights of each
Party. The division of existing marital property is not, except as may be otherwise
expressly provided herein, intended by the Parties to constitute in any way a sale or
exchange of assets. It is understood that the property transfers described in this
Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and
as such will not result in the recognition of any gain or loss upon the transfer by the
transferor.
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(15) DEPENDENCY EXEMPTIONS: As Wife is the primary custodian of
the parties' child, Wife shall be entitled to claim Gage as a deduction for the dependency
exemption under Section 152(e) of the Internal Revenue Code of 1954, as amended.
(16) ATTORNEY'S FEES: Except as otherwise provided herein, each of the
Parties waives the right to receive a payment for counsel fees from the other, and each
shall be responsible for his or her own counsel fees, costs and expenses, if such fees or E
expenses are incurred.
(17) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare
that each has had a fu1T and fair opportunity to obtain independent legal advice of counsel
of their selection; that Wife has been independently represented by Sandra L. Meilton
Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Husband has been
independently represented by Jennifer L. Spears, Esquire, of Martson Law Offices.
Each Party acknowledges that they fully understand the facts and have been fully
informed of their legal rights and obligations and each accepts that this Agreement is,
under the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily after having received such advice and with such knowledge as each has
sought from counsel, and the execution of this Agreement is not the result of any duress
or undue influence, and that it is not the result of any improper or illegal agreement or
agreements.
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(18) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided,
each of the Parties shall from time to time, at the request of the other, execute,
acknowledge and deliver to the other Parry, within ten (10) days of any request to do so,
any and all further instruments that may be reasonably required to give full force and
effect to the provisions of this Agreement.
(19) INCOME TAX: The Parties hereby acknowledge that they plan to file
separate federal, state, and local income tax returns for the tax year of 2007 and all
ongoing years. The Parties hereto agree that Wife shall be entitled to take any of the
mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on
the Marital Residence for purposes of claiming said deduction on her tax return. Should
the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by
the Parties during the course of their marriage, the Parties hereto agree to equally divide
any such tax liability and/or tax return.
(20) 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. In the event a Party files such bankruptcy and
pursuant thereto obtains a discharge of any obligations assumed hereunder, the other
Party shall have the right to declare this Agreement to be null and void and to terminate -
this Agreement in which event the division of the Parties' marital assets and all other
rights determined by this Agreement, including alimony, shall be subject to court
determination the same as if this Agreement had never been entered into.
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In the event that either parry becomes a debtor in any bankruptcy or financial re-
organization proceedings of any kind while any obligations remain to be performed by
that party for the benefit of the other party pursuant to the provisions of this Agreement,
the debtor spouse hereby waives, releases and relinquishes any right to claim any
exemption (whether granted under state or federal law) to any property remaining in the
debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the
debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in
all of the debtor's exempt property sufficient to meet all obligations to the creditor-
spouse as set forth herein, including all attorney's fees and costs incurred in the
enforcement of this Paragraph or any other provision of this Agreement.
No obligation created by this Agreement shall be discharged or dischargeable,
regardless of federal or state law to the contrary, and each party waives any and all right
to assert that any obligation hereunder is discharged or dischargeable.
(21) COMPLETE DISCLOSURE: The parties confirm that they have relied
on the completeness and substantial accuracy of the financial disclosure of the other as an
inducement to the execution of this Agreement. The parties acknowledge that there has
been formal discovery conducted in their pending divorce action and that both parties
have filed an Inventory and Appraisement as required by Section 3505(b) of the
Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to
pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of
any interest owned by the other party in an asset of any nature at any time prior to the
date of execution of this Agreement that was not disclosed to the other party or his or her
counsel prior to the date of the within Agreement is expressly reserved. In the event that
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either party, at any time hereafter, discovers such and undisclosed asset, the party shall
have the right to petition the Court of Common Pleas of Cumberland County to make
equitable distribution of said asset.
The non-disclosing party shall be responsible for payment of counsel fees, costs
of expenses incurred by the other party in seeking equitable distribution of said asset.
Notwithstanding the foregoing, the Agreement shall in all other respects remain in
full force and effect.
(22) WAIVER OF APPRAISALS: The Parties acknowledge that they are
aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain
formal valuations or appraisals of all assets, including, but not limited to the real estate,
the personal property, the vehicles, and 401 K's and retirement accounts, some or all of
which were acquired during the marriage and therefore constitute marital property. The
parties have obtained appraisals of the Marital Residence, as well as of the personal
property and shop equipment. However, to the extent that the Parties have determined
that they will not undertake the expense to have other items appraised and/or valued, they
agree that the division of property as set forth in this Agreement, represents a fair and
equitable distribution.
(23) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge -
that each of them has read and understands his and her rights and responsibilities under
this Agreement and that they have executed this Agreement under no compulsion to do so
but as a voluntary act.
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(24) FULL SETTLEMENT: Except as herein otherwise provided, each Party
hereby absolutely and unconditionally releases and forever discharges the other and the
estate of the other for all purposes from any and all rights and obligations which either
may have, or at any time hereafter have for past, present or future support or
maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs,
expenses and any other right or obligation, economic or otherwise, arising out of the j
marital relationship, including all rights and benefits under the Pennsylvania Divorce
Code of 1980, its supplements and amendments, as well as under any other law of any
other jurisdiction, except and only except all rights, agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of
any provision thereof. Neither Party shall have any obligation to the other not expressly
set forth herein.
Except for any cause of action for Divorce which either Party may have or claim
to have, and except for the obligations of the Parties contained in this Agreement and
such rights as are expressly reserved herein, each Party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge from all
causes of action, claims, rights or demands whatsoever, in law or in equity, which either
Party ever had or now has against the other specifically arising from the marital
relationship.
(25) RELEASE OF ALL CLAIMS: Except as otherwise provided herein,
each Party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators or assigns, property and estate from
any and all rights, claims, demands or obligations arising out of or by virtue of the marital
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relationship of the Parties, whether now existing or hereafter arising. The above release
shall be effective regardless of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's
rights, family exemption or similar allowance, or under the intestate laws, or the right to
take against the spouse's will, or 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 Pennsylvania, any state, commonwealth or
territory or the United States, or any other country. It is expressly understood, however,
that neither the provisions of this release nor the subsequent entry of a Divorce Decree
are intended to defeat the right of either Party to receive any insurance proceeds at the
death of the other of which she or he is the named beneficiary (whether the beneficiary
designation was made prior or subsequent to execution hereof), nor to defeat the right of
either Party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of
the other, whether such will was executed prior or subsequent to this Agreement.
(26) SEPARABILITY OF PROVISIONS: 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.
(27) GOVERNING LAW: All matters affecting the interpretation of this
Agreement and the rights of the Parties hereto shall be governed by the laws of the
Commonwealth of Pennsylvania.
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(28) INCORPORATION INTO DIVORCE DECREE: The Parties agree
that this Agreement shall continue in full force and effect after such time as a final Decree
in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the
provisions of this Agreement may be incorporated by reference or in substance, but they
shall not be deemed merged into such Decree. The Agreement shall survive any such
Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations
contained in this Agreement shall retain their contractual nature in any enforcement
proceedings, whether enforcement is sought in an action on the contact itself at law or in
equity, or in any enforcement action filed to the Divorce Caption.
(29) BREACH: In the event that either Party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce the
Agreement, including, but not limited to, court cost and counsel fees of the other Party. In
the event of breach, the other Party shall have the right, at his or her election; to sue for
damages for such breach or to seek such other and additional remedies as may be
available to him or her.
(30) ENTIRE UNDERSTANDING: This Agreement constitutes the entire
understanding between the Parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature whatsoever, other than those -
herein contained.
(31) AGREEMENT BINDING ON PARTIES AND HEIRS: It is
understood and agreed that not only the Parties hereto, but also their heirs, administrators,
executors and assigns, shall be bound by all the terms, conditions and clauses of this
Agreement.
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(32) DATE OF EXECUTION: The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which it is executed by the Parties if they
have executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the Party
last executing this Agreement.
(33) PRESERVATION OF RECORDS: Each Party will keep and preserve
for a period of four (4) years from the date of their Divorce Decree all financial records
relating to the marital estate, and each Party will allow the other Party reasonable access to
those records in the event of tax audits.
(34) WAIVER OR MODIFICATION TO BE IN WRITING: No
modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both Parties and no waiver or any breach hereof or default hereunder shall be
deemed a waiver of any subsequent default of the same or similar nature.
(35) NO WAIVER OF DEFAULT: This Agreement shall remain in full force
and effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either Party to insist upon strict performance of any of the provisions of this
Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor
shall the waiver of any breach of any provision hereof be construed as a waiver of any
subsequent default of the same or similar nature, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of strict performance of any other obligations
herein.
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(36) HEADINGS NOT A PART OF AGREEMENT: Any headings
preceding the text of the several paragraphs and subparagraphs hereof are inserted solely
for convenience of reference and shall not constitute a part of this Agreement nor shall
they affect its meaning, construction or effect.
(37) EFFECT OF RECONCILIATION, COHABITATION OR
DIVORCE: This Agreement shall remain in full force and effect and shall not be
abrogated even if the parties effect a reconciliation, cohabit as husband and wife or
attempt to effect a reconciliation. This Agreement shall also continue in full force and
effect in the event of the parties' divorce. There shall be no modification or waiver of any
of the terms hereof unless the parties in writing execute a statement declaring this
Agreement, or any term herein, to be null and void.
IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals to this Agreement the day and year first
above written.
WITNESS:
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Sandra ft.MIton, wire ti 4a Erickson-McCarren, Plaintiff
Attorney for Plaints -
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Attorney for
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LISA ERICKSON-MCCARREN,
Plaintiff
V.
GARY MCCARREN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-3256 Civil Term
IN DIVORCE
ACCEPTANCE OF SERVICE
On behalf of the Defendant, Gary McCarren, I accept service of the
Complaint for Divorce filed in the above matter by Plaintiff.
DATED: _ I y LOU;q
If, Esquire
S. H over Street, Suite 201
rl' e, PA 17013
70111.1
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Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smei lton2dzmm g1 aw. com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA ERICKSON-McCARREN,
Plaintiff No. 2004-CV -3256 (Civil Term)
V. CIVIL ACTION - LAW
GARY McCARREN,
Defendant (In Divorce)
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on
July 6, 2004.
2. 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.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unsworn falsification to authorities.
Date:7R"-/t
Lisa Erickson-McCarren, Plaintiff
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Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeilton@dzmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA ERICKSON-McCARREN,
Plaintiff
V.
GARY McCARREN,
Defendant
No. 2004-CV -3256 (Civil Term)
CIVIL ACTION - LAW
(In Divorce)
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 43301(c) AND 43301 (d) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date: l ?1 y du-(I
Lisa Erickson-McCarren, Plaintiff
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Sandra L. Wilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeiltonnae.,dzmmglaNv.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA ERICKSON-McCARREN,
Plaintiff No. 2004-CV -3256 (Civil Term)
V. CIVIL ACTION - LAW
GARY MCCARREN,
Defendant (In Divorce)
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on
July 6, 2004.
2. 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.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unworn falsification to authorities.
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Date:
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ary c arren, Defendant
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Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA ERICKSON-McCARREN,
Plaintiff No. 2004-CV -3256 (Civil Term)
V.
GARY McCARREN,
Defendant
CIVIL ACTION - LAW
(In Divorce)
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date: _1,16 -? -? _,2t)?,A
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Defendant
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IN THE COURT OF COMMON PLEAS
LISA ERICKSON-McCARREN
VS.
GARY McCARREN
To the Prothonotary:
CUMBERLAND COUNTY, PENNSYLVANIA
• CIVIL DIVISION
NO. . 2004 CV 3256 CIVILTERM
PRAECIPE TO TRANSMIT RECORD
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)
ld#W>jnof the Divorce Code.
(Strike out inapplicable section).
Acceptance of Service by Nathan
2. Date and manner of service of the complaint:
C. Wolf, Esquire. Said. Acceptance of Service was filed on July 29, 2004.
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 3/6/08 by 3/3/08
defendant
(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 affidavit upon the respondent:
4. Related claims pending: None.
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 of plaintiff's Waiverof Notice in §3301 (c) Divorce was filed with
the Prothonotary: March 7, 2008
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: March 7 2008
01
Attorney for Plaintiff / Bahm3buk
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LISA ERICKSON-MCCARREN,
Plaintiff
GARY MCCARREN,
V.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO.0Y-126i Civil Term
IN DIVORCE
COMPLAINT UNDER 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Lisa Erickson-McCarren, an adult
individual who is sui juris and resides at 415 Lincoln Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Gary McCarren, an adult individual
who is sui juris and resides at 106 North East Street, Carlisle,
Cumberland County, Pennsylvania 17013. The present whereabouts
of the Defendant, Gary McCarren, to the knowledge of the
Plaintiff, is the same.
3. Both Plaintiff and Defendant have been bona fide
residents in 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
May 20, 1990 in Carlisle, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
7. The Defendant is not a member of the Armed
Services of the United States or any of its Allies.
8. The Plaintiff avers that the ground on which the
action is based is that the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
A. Dissolving the marriage between Plaintiff and Defendant;
and
B. For such further relief as the Court may determine
equitable and just.
TUCKER ARENSBERG, P.C.
By: JC/?t
Sandra L. M ilton
No. 32551
111 N. Front Street
P.O. Box 889
Harrisburg, PA 17108
Attorneys for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unsworn falsification to authorities.
,4tt.?11?-M
fi a Erickson-McCarren, Plaintiff
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LISA ERICKSON-MCCARREN,
Plaintiff
V.
GARY MCCARREN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-3256 Civil Term
IN DIVORCE
ACCEPTANCE OF SERVICE
On behalf of the Defendant, Gary McCarren, I accept service of the
Complaint for Divorce filed in the above matter by Plaintiff.
DATED: l y Loy 1
9vsn-e.. If, Esquire
S. H over treet, Suite 201
rlisie. PA 17013
70111.1
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STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 211-4436
ATTORNEY FOR DEFENDANT
LISA ERICKSON-MCCARREN,
Plaintiff
V.
GARY MCCARREN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 04-3256 CIVIL TERM
IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE PURSUANT T
SECTION 3301(D) OF THE DIVORCE CODE
NOW, comes the defendant, Gary McCarren, by his attorney, Stacy B. Wolf, Esquire, and
responds to the complaint in divorce as follows:
1. The averments of fact contained in paragraph one of Plaintiff's complaint are
admitted.
2. Denied. Defendant is an adult individual currently residing at 832 W. North Street,
Carlisle, Cumberland County, Pennsylvania.
3. The averments of fact contained in paragraph three of Plaintiff's complaint are
admitted.
4. The averments of fact contained in paragraph four of Plaintiff's complaint are
admitted.
5. The averments of fact contained in paragraph five of Plaintiff's complaint are
admitted.
6. Denied. Defendant is without sufficient information or lmowledge to form a belief
as to the truth of the averments of fact contained in paragraph six of Plaintiff's complaint.
7. The averments of fact contained in paragraph seven of Plaintiff's complaint are
admitted.
8. The averments of fact contained in paragraph eight of Plaintiff's complaint are
admitted.
WHEREFORE, the defendant demands judgment dissolving the marriage of the parties.
NEW MATTER
9. Defendant's responses to the averments of paragraphs one through eight of
Plaintiff's complaint are incorporated herein by reference as though fully set forth herein.
10. During the marriage of the parties, they accumulated various assets and liabilities
subject to equitable distribution.
11. The parties have been unable to agree as to an equitable distribution of said property.
WHEREFORE, Defendant requests that the Court equitably distribute all property, both
personal and real, owned by the parties and for such further relief as your Honorable Court may
deem equitable and just.
I verify that the facts contained herein are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn
falsification to authorities.
March, 2006
lCt rG ,)q-,2006
WOLF & WOLF ?/
BY: cel?
STACY B. OLF, ESQUIRE
Supreme Court ID #88732
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Attorney for Defendant
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 2414436
ATTORNEY FOR DEFENDANT
LISA ERICKSON-MCCARREN,
Plaintiff
V.
GARY MCCARREN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 04-3256 CIVIL TERM
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, have served a true and correct copy of Defendant's Answer with
New Matter to Plaintiff's Complaint in Divorce upon the following person and in the matter
indicated:
SERVICE BY U.S. MAIL:
Sandra L. Meilton, Esquire
Tucker Arenberg, P.C.
111 N. Front Street
P.O. Box 889
Harrisburg, PA 17108
WOLF & WOLF
March, 2006 By: - t2
STACY B. WOLF, ESQUIRE
Attorney for Defendant
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
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STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 2414436
ATTORNEY FOR DEFENDANT
LISA ERICKSON-MCCARREN,
Plaintiff
V.
GARY MCCARREN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 04-3256 CIVIL TERM
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Defendant, GaryMcCanen, moves the Court to appoint a master with respect to the following
claims:
( ) Divorce
( ) Annulment
( ) Alimony
( ) AlimonyPendente Lite
(X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is not complete as to the claim for which the appointment of a master is requested.
(2) The non-moving party has appeared in the action by her attorney, Sandra L. Meilton, Esquire.
(3) The statutory ground for divorce is the marriage is irretrievably broken.
(4) The action is contested with respect to the following claim equitable distribution of properly.
(5) The action involves complex issues of law or fact.
(6) The hearing is expected to take two (2) hours.
(7) Additional information, if any, relevant to the Motion: None.
Respectfully submitted,
2006
WOLF & WOLF
BY: t? )?,CJ
STACY B. OLF, ESQUIRE
Supreme Court I.D. No. 88732
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Attorney for Defendant
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
LISA ERICKSON-MCCARREN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
NO. 04-3256 CIVIL TERM
GARY MCCARREN,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on the date indicated below, I caused a true and correct copy of
the foregoing Motion for Appointment of Master to be mailed, by US. Mail, to the below-listed parry, in the
instant matter, addressed as follows:
Sandra L. Meilton, Esquire
Tucker Arenberg
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108
Dated: April 28, 2006 " ?5,?
Stacy olf, Esqu'
Atto y for Defendant
MAY 0 3 2006
LISA ERICKSON-MCCARREN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
NO. 04-3256 CIVIL TERM
GARY MCCARREN,
Defendant : IN DIVORCE
ORDER
?7 0 ? ?
ANDNOWthis dayof ? 2006, ? f9'?I-?, ? ,
Esquire, is appointed Master with respect to the Lowing claim: equitable distribution of properly
BY THEE T:
WIC1.1 'j-
MOVING PARTY
Name:
GaryMcCarren
Atwrne3?s Name
Stacy B.- Wolf, Esquire
Attome4 Address:
Wolf & Wolf
10 West High Street
Carlisle, PA 17013
A orn 3es Telephone No.
717-241-4436
Attorney's E-Mail
stacybwolf@ earthhr knet
NON-MOVING PARTY
Name:
Lisa Erickson-McCarren
Axfo'me)?s Name,
andra L. Meilton, Esquire
Attome-?Zs Address:
Tucker Arenberg
111 North Front Street, P.O. Box 889
Harrisburg, PA 17013
A om s Telephone No.:
717-243-4121
A om ,-3? ail•
smeilton@tuckerlaw.com
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LISA ERICKSON-McCARREN,
Plaintiff
GARY McCARREN,
V,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-3256 CIVIL TERM
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case 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.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at
the Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. 717-249-3166 or 1-800-990-9108
Sandra L. Meilton, Esquire '
TUCKER ARENSBERG, P.C.
111 North Front Street, P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
LISA ERICKSON-McCARREN,
Plaintiff
v
GARY McCARREN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-3256 CIVIL TERM
IN DIVORCE
AMENDED COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
COUNTI
1. Plaintiff is Lisa Erickson-McCarren, an adult individual who is sui juris and
resides at 415 Lincoln Street, Carlisle, PA 17013.
2. Defendant is Gary McCarren, an adult individual who is sui juris and resides at
832 W. North Street, Carlisle, PA 17013. The present whereabouts of the Defendant, Gary
McCarren, to the knowledge of the Plaintiff, is the same.
3. Both parties have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Amended
Complaint.
4. The Plaintiff and Defendant were married on June 7, 1990, in Carlisle,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
7. The Defendant is not a member of the Armed Services of the United States or
any of its Allies.
8. The Plaintiff avers that the grounds on which the action is based are that the
parties hereto have lived separate and apart for a period of at least two (2) years, Plaintiff will
be filing an Affidavit alleging said fact; and that the marriage is irretrievably broken.
COUNT II:
CLAIM FOR COUNSEL FEES AND
EXPENSES UNDER THE DIVORCE CODE
9. Plaintiff does not have sufficient funds to support herself and pay counsel fees
and expenses incidental to this action.
10. Defendant is full well and able to pay Plaintiffs counsel fees and expenses
incidental to this divorce action.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Directing the Defendant to pay Plaintiffs counsel fees and the costs of
this proceeding; and
c. For such further relief as the Court may determine equitable and just.
andra L. Menton, E uire
TUCKER ARENSBERG, P.C.
111 North Front Street, P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
VERIFICATION
I, Lisa Erickson McCarren, acknowledge that the facts stated in the within
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
i Erickson McCarren
DATED: ?'/, 0 Y
CERTIFICATE OF SERVICE
AND NOW, this d / ? day of 4 ?- (f SS , 2006, I, Gloria M. Rine,
Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify
that I have this day served a copy of the within document, by mailing same by first class mail,
postage prepaid, addressed as follows:
Jennifer L. Spears, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
Gloria M. Rine
87058.1
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LISA ERICKSON-McCARREN,
Plaintiff
V.
GARY McCARREN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3256
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
PROTHONOTARY:
Please withdraw the appearance of Sandra Meilton,
P.C. as counsel for the Plaintiff.
of Tucker Arensberg,
Jam "G. Morgan, J . E ire
el"
ER ARENSBE , P.C.
TU
11 N. Front Street, P.O. Box 889
06 rr
DATED: ! isburg, PA 17108
17) ) 234-4121
Janes G. N?? .ice
Please enter the appearance of Sandra-L-M Esquire, of Daley, Zucker & Gingrich,
LLC, as counsel for the Plaintiff.
Dated: //_ ?" 0w
aL. Meilton, squ' e, I.D. 32551
DALEY, ZUCKER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
CERTIFICATE OF SERVICE
I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, hereby certify that a copy
of the foregoing document was served this date by mailing same by first class mail,
addressed as follows:
Jennifer Spears, Esquire
Martson Deardorff Williams and Otto
10 E. High Street
Carlisle, PA 17013
Gloria M. Rine
Dated: //-;Z -2' 016
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F:\FILES\DATAFILE\General\Current\I 17343 .prae •
Created 9/20/04 0:06PM
Revised: 7/3/06 4:50PM
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
LISA ERICKSON-McCARREN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 04-3256
CIVIL ACTION - LAW
GARY McCARREN, :
Defendant IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindlywithdraw the appearance of WOLF & WOLF onbehalfofDefendant GaryMcCarren in
the above-captioned matter.
By
Stacy B. W 44f, Esquire
10 West High Street
Carlisle, PA 17013
(717) 241-4436
Enter the appearance of MARTSON LAW OFFICES
Defendant Gary McCarren in the above-captioned matter.
Date: 711010?7
WOLF & WOLF
on behalf of
Date: w v- l , p?M 7
MARTSON :LAW OFFICES
.,4w
J r L. Spears, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Stacy B. Wolf, Esquire
10 West High Street
Carlisle, PA 17013
Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich
1029 Scenery Drive
Harrisburg, PA 17109
MARTSON LAW OFFICES
rB5y
Tricia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 7, 2007
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F:\FILES\11734\11734.3.praecipe.wpd
Created: 9/22/04 5:21 PM
Revised: 7/18/07 2:15PM
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
LISA ERICKSON-McCARREN,
Plaintiff
V.
GARY McCARREN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3256
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please file of record the Inventory and Income & Expense Statement of Gary McCarren.
MARTSON LAW OFFICES
By
Je fifer LSpears, Esquire
I.D. r 87445
Ten as High Street
Carlisle, PA 17013
(717) 243-3341
Date: July 18, 2007
Attorneys for Defendant
In the Court of Common Pleas of County, Pennsylvania
DOMESTIC RELATIONS SECTION
Phone: Fax:
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
Please note: All correspondence must include the PACSES Case Number.
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must
also fill out the Supplemental Income Statement which appears on page two of this income and expense
statement.)
INCOME STATEMENT OF Gary McCarren
Section I: Income and Insurance
1NCO'N fE:
Self - Studio East Hairdesign
C?nlt•!:,•,ct
r.i;; .f t1"urk
Payroll No. Gross Pay per Pay Period $
Itemized Payroll Deductions:
Pay Period (wkly., bi-wkly., etc.)
Federal withholding $ Social Security $ Local Wage Tax $
State Income Tax $ Retirement $ Savings Bonds $
Credit Union $ Life Insurance $ Health Insurance $
Other Deductions (s
ecif
) $
p
y S S
Net Pay per Pay Period $
OTHER (hill in Appropriate Column)
INCOME WFE K MONTH YEAR
Itttrrc;t S 5 5
Dici4end;
{'C.Ilyl???t
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si%lal S,:," i.,
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1. iln?.l
Service Type
PROPERTY O%vnership
OWNED DESCRIPTION' VALUE H W J
Che?kinL :?c?t?uurs $
Sat ijw4 ACCou11t5
Ci?da L Ilion
Sto4i;,, A?,nds
Rea! E?t;ttc I
Odtcr
I
TOTAL 1
* H=Husband; W=Wife; J=Joint
Form IN-008
Worker ID
t
Income and Expense Statement
Coverage *
INSURANCE
COMPANY
POLICY k
H
W
C
Hospital
Blue Cross None
Other
Medical
Blue Shield None
Other
Health/Accident None
Disability Income None
Dental None
Other
* H=Husband; W=Wife; C=Child
Section 11: Suimlemental Income Statement
a. This form is to be filled out by a person
(1) who operates a business or practices a profession, or
® (2) who is a member of a partnership or joint venture, or
(3) who is a shareholder in and is salaried by a closed corporation or similar entity.
b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession,
corporation or similar entity:
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement
Nameofbusiness: J & G Studio East Hairdesi n
Address and telephone number: East Lout her Street, Suite 3
Carlisle. A 17013 717 258-4427
d, Nature of business c one
PACSES Case Number
® (1) partnership
(2) joint venture
[] (3) profession
(4) closed corporation
(S) other
e. Name of accountant, controller or other person in charge of financial records:
Wagners Accounting
Annual income from business:
24,000
(1) How often is income received?
Every 2 weeks
(2) Gross income per pay period:
Varies
(3) Net income per pay period:
Varies
(4) Specified deductions, if any:
Child Support
Service Type
Page 2 of 3
Form IN-008
Worker ID
income and Expense Statement
Section III: Expenses
Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories
in BOLD FONT are especially important for calculating child support. If you are requesting Spousal SupportlAPL or if
you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed.
PACSES Case Number
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
Education
Private School $ $ $
Parochial School
College
Religious
Personal
Clothing $ S 75 $
Food 100
Vuber/
Hairdresser
Credit Payments
Credit Card 400
Charge
Memberships
Loans
Credit Union $ s146 $
Miscellaneous
Household Help $ $ $
Child care
Papers/books
magazims
Entertainment
Pay TV 69
Vacation
Gigs
Legal fees arie
Charitable
r 575
Alimony
Paments
Other
is $ S
Total WEEK MONTH YEAR
Expenses: $ $ $
I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false
statements herein are subject to the criminal penalties of 18 Pa. C.S. 4904, relating to unworn cation to authorities
?-
A, -4
f'? (
Date a' or Pendant
(Fill in Appropriate Column)
EXPENSES
WEEK
MONTH
YEAR
Home
Mortgage/Rent $ $287 •S
Maintenance
Utilities
Electric $ S $
Gas
Oil 60
Telephone 6
Water
Sewer
Employment
Public Transport. $ $ $
Lunch
Taxes
Real estate $ $ $
Personal Property
Insurance
Homeowner's $ $ $
Automobile 600
Life 800
Accident
Health
Other
Automobile
Payments $ $303 $
Fuel 0
Repairs 450
Medical
Doctor $ $ $
Dentist 300
Orthodontist
Hospital
Medicine
Special needs
(glasses, braces,
'
orthopedk devices
i
Service Type
Page 3 of 3 Form IN-008
Worker ID
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Income and Expense Statement was served this
date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed
as follows:
Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich
1029 Scenery Drive
Harrisburg, PA 17109
MARTSON LAW OFFICES
1/ t
By
i J. Th a
n East H Street
Carlisle, PA 17013
(717) 243-3341
Date: 7/18/07
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F:\F1LES\Genera1\Current\ 11734\1 1734.3.inven.wpd
Created: 9/22/04 5:21PM
Revised: 7/2/07 10:18AM
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Jennifer L. Spears, Esquire = <' ?+
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER r
MARTSON LAW OFFICES
Co _
I.D. 87445
Y
10 East High Street -71 x
Carlisle, PA 17013 = ~+ j
(717) 243-3341 -'
Attorneys for Defendant
LISA ERICKSON-McCARREN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 04-3256
CIVIL ACTION - LAW
GARY McCARREN,
Defendant IN DIVORCE
INVENTORY OF GARY McCARREN, DEFENDANT
Defendant, GARY McCARREN, files the following Inventory of all property owned
or possessed by either party at the time the parties were separated.
Defendant verifies that the statements made in this Inventory are true and correct.
Defendant understands that false statements herein are made subject to the penalties
of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
GAR McC N, Defendant
Date: July 17 , 2007
ASSETS OF PARTIES
GARY McCARREN, Defendant, marks on the list below those items applicable to the case
at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the
appraisal report is attached.
(X) 1. Real property
(X) 2. Motor vehicles
() 3. Stocks, bonds, securities and options
() 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
() 7. Contents of safe deposit box
() 8. Trusts
() 9. Life insurance policies (indicate face value, cash surrender value and
current beneficiaries)
() 10. Annuities
() 11. Gifts
() 12. Inheritances
() 13. Patents, copyrights, inventions, royalties
() 14. Personal property outside the home
(X) 15. Businesses (list all owners, including percentage of ownership and
officer/director positions held by a party with company)
() 16. Employment/termination benefits - severance pay, worker's
compensation claim/award
(} 17. Profit sharing plans
() 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
() 20. Disability payments
() 21. Litigation claims (matured and unmatured)
() 22. MilitaryN.A. benefits
() 23. Educational benefits
() 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (includes as a total category
and attach itemized list if distribution of such assets is in dispute)
() 26. Other
LIABILITIES OF PARTIES
GARY McCARREN, Defendant, marks on the list below those items applicable to the case
at bar and itemizes the liabilities on the following pages.
SECURED
(X) 1. Mortgages
() 2. Judgments
() 3. Liens
(X) 4. Other secured liabilities
UNSECURED
(X) 5. Credit card balances
() 6. Purchases
() 7. Loan payments
() 8. Notes payable
(X) 9. Other unsecured liabilities
CONTINGENT OR DEFERRED
() 10. Contracts or agreements
() 11. Promissory notes
() 12. Lawsuits
() 13. Options
() 14. Taxes
() 15. Other contingent or deferred liabilities
MARITAL PROPERTY
Defendant lists all marital property in which either or both spouses have a legal or equitable interest
individually or with any other or with any other person as of the date this action was commenced:
Item Description of Property Name of All Values
Owners
1 marital residence W $94,814 (increase in value)
2 Toyota Celica W $7,000
2 Toyota Sienna H $8,000
5 M&T W $114 (4/1/04)
5 M&T W-business $9,791 (4/1/04)
5 Commerce Bank W-business $558 (4/1/04)
5 M&T H $926 (4/1/04)
6 M&T W $101 (4/l/04)
15 EsScents Salon W $25,000 retail inventory
unknown - furnishings and equipment
19 Roth & Simple IRAs W $47,458 (3/31/04)
(includes money market)
19 Roth & Simple IRAs H $31,690 (3/31/04)
25 furnishings in home H & W $20,000
Total: $245,452
NON-MARITAL PROPERTY
Defendant lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded
from marital property:
Item Description of Name of All Reason for Exclusion
Pro a Owners
1 marital residence W inheritance/ only increase in value is marital
t
LIABILITIES
Defendant lists all liabilities of either or both spouses alone or with any person as of the date the action was
commenced:
Item Deserintion of Liabilitv/ Name of
Creditor
1 mortgage
4 van loan
4 Commerce Bank line of credit
5 USAA credit card, ending in 5995
5 USAA credit card, ending in 6535
5 Chase credit card
5 American Express
9 USAA Personal loan
Names of All Amount of Liabili
Debtors
W $50,000
H $12,939 (4/4/04)
W- business $6,000
H $983 (4/2/04)
H $9,838 (4/2/04)
W $6,888 (4/13/04)
W $10,624 (3/27/04)
H $4,348 (4/5/04)
Total: $101,620
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Inventory was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich
1029 Scenery Drive
Harrisburg, PA 17109
MARTSON LAW OFFICES
By C? il',
i J. a
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 7/18/07
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IN THE COURT OF COMMON PLEAS
LISA ERICKSON-McCARREN
NO. 2004 - 3256 Civil Term
VERSUS
GARY McCARREN
DECREE IN
DIVORCE
AND NOW, Kav.04 " -0608 IT IS ORDERED AND
DECREED THAT LISA ERICKSON-McCARREN
OF CUMBERLAND COUNTY
STATE OF PENNA.
AND GARY McCARREN
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECO??N TACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
AND IT IS FURTHER ORDERED, that the terms, conditions and
covenants set forth in the written Property Settlement and
Separation Agreement made an entered into by the parties on
March 6, 2008, are incorporated into this Decree b eference
theretn bllf- nnf- maraad int-n f-Ini a nanraa
BY THE
ATTEST. J.
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PROTHONOTARY
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