HomeMy WebLinkAbout04-4221
MICHAEL J. McCARRON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 04 - L{..l~1
C;(.JLLL-y-~
CATHY R. McCARRON,
Defendant
: 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.
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
(717) 249-3166
MICHAEL J. McCARRON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO.
CATHY R. McCARRON,
Defendant
: IN DIVORCE
NOTICIA
Le han Demando a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de
plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar
una apariencia excrita 0 en persona 0 por abogado y archivar en ta corte en
forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y
puede entrar una orden contra usted sin previa aviso 0 notificacion y por
cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede
perder dinero 0 sus propiedades 0 otros derechos importanates para usted
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
2
MICHAEL J. McCARRON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04 - ~.:ul
(2i{)L't~
CATHY R. McCARRON,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the Plaintiff, MICHAEL J. McCARRON, by his attorney,
Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce
from the above-named Defendant, upon the grounds hereinafter set forth:
1. The Plaintiff, MICHAEL J. McCARRON, is an adult individual who
currently resides at 826 Pennsylvania Avenue, Lemoyne, Cumberland County,
Pennsylvania 17043.
2. The Defendant, CATHY R. McCARRON, is an adult individual who
currently resides at 94 Carol Place, New Cumberland, Cumberland County,
Pennsylvania 17070.
3. The Plaintiff and Defendant are sui juris, and both have been bona
fide residents of the Commonwealth of Pennsylvania for a period of more than
six months immediately preceding the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 19, 1973 in York
County, Pennsylvania and separated on or before May 18, 2004.
3
5, The Plaintiff avers that the parties have two children whose names
and dates of birth are as follows:
MEGAN RUTHANN McCARRON Born August 22,1982
KEVIN MICHAEL McCARRON Born June 25,1990
6. Plaintiff anticipates that he and the Defendant will be able to work
with one another to arrive at a mutually acceptable custodial arrangement and
refrains from filing a claim for custody at this time.
7. Neither Plaintiff nor Defendant is in the military or naval 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.
8. The cause of action and section of the Divorce Code under which
Plaintiff is proceedings is:
23 Pa. Cons. Stat. S 3301 (c), or in the alternative, 23 Pa. Cons.
Stat. S 3301 (d). The marriage of the parties is irretrievably broken.
9. There have been no prior actions of divorce filed between the
parties.
10. Plaintiff has been advised of the availability of counseling and that
Plaintiff may have the right to request the parties to participate in counseling,
which he does not intend to pursue at this time. Plaintiff and Defendant did
engage in marital counseling shortly after the date of separation but it is clear to
Plaintiff that no reconciliation can be achieved.
4
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree
in Divorce, divorcing Plaintiff and Defendant.
COUNT I
EQUITABLE DISTRIBUTION
11. Paragraphs 1 through 10 of this Complaint are incorporated herein
by reference as though set forth in full.
12. Plaintiff and Defendant have acquired property, both real and
personal, during their marriage, from the date of their marriage until the date of
their separation.
13. Plaintiff and Defendant have been unable to agree as to an
equitable division of said property at this point and time and reserves the right to
litigate this matter should the parties be unable to agree on an equitable division
of property.
5
WHEREFORE, Plaintiff requests your Honorable Court to equitably divide
all marital property.
Respectfully submitted,
~C52~
Mindy S. Goodman, Esquire
Attorney No. 78407
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112
(717) 540-8742
Attorney for Plaintiff
6
VERIFICATION
I verify that the statements made in this Complaint in Divorce are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. Cons. Stat. ~ 4904, relating to unsworn falsification to
DATE rf"l}e61
'1//h j1;
r -fl1~
~I J. McCarron
authorities.
7
(:) ~r o((J.
lOr;: R...JlU~
1t- *- D D ~
~~ ~8~ re
I I
~ ~I~
~
J~
Cindy S. Conley, Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O, Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Cathy R. McCarron
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL J. McCARRON,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 2004 - 4221 CIVIL TERM
CATHY R. McCARRON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION RAISING MARITAL CLAIMS
AND NOW, comes Defendant, Cathy R. McCarron, by and through her counsel, Howett,
Kissinger, Conley & Holst, P.C" and files this Petition Raising Marital Claims and in support
thereof states as follows:
I. Plaintiff is Michael J. McCarron, an adult individual who currently resides
at 826 Pennsylvania Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043.
2. Defendant is Cathy R. McCarron, an adult individual who currently
resides at 94 Carol Place, New Cumberland, Cumberland County, Pennsylvania, 17070.
3. Plaintiff and Defendant were married on May 19, 1973.
4, A Complaint for Divorce was filed by Plaintiff on August 24, 2004 in
Cumberland County, Pennsylvania.
5. Defendant hereby raises the following marital claims:
COUNT I - ALIMONY AND ALIMONY PENDENTE LITE
6. The foregoing paragraphs of this Petition are incorporated herein as if set
forth at length.
7. Defendant lacks sufficient property to provide for her reasonable means
and is unable to support herselfthrough appropriate employment and requires reasonable support
to adequately maintain herself in accordance with the standard ofliving established during the
marriage.
8. Defendant is unable to sustain herself during the course of this litigation.
WHEREFORE, Defendant requests the Court to enter an award of reasonable temporary
alimony until final hearing and permanently thereafter.
COUNT II - COUNSEL FEES. EXPENSES AND COSTS OF SUIT
9. The foregoing paragraphs of this Petition are incorporated herein as if set
forth at length,
10. Defendant has retained an attorney to defend her in this action and has
agreed to pay her a reasonable fee.
11. Defendant has incurred and will incur costs and expenses in defending this
action.
12. Defendant is not financially able to meet either the expenses and costs of
defending this action or the fees to which her attorney will be entitled in this case,
WHEREFORE, Defendant requests the Court to enter an award of interim counsel fees,
costs and expenses until final hearing and thereupon award such additional counsel fees, costs
and expenses as deemed appropriate.
Respectfully submitted,
Date: q (" ..Jrzw'(t ;:J&()~
,-'7
c::- / ~ //
/ /t<~
~,:.. . . '/ . ------ '-
~,.... \/,~. Y.
Cindy S. Conley, Es ue a
HOWETT, KlSSIN ER, CONLEY & LST, p,c.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Cathy R. McCarron
v
VERIFICATION
1, Cathy R. McCarron, hereby swear and affirm that the facts contained in the foregoing
Petition Raising Marital Claims are true and correct to the best of my knowledge, information
and belief and are made subject to the penalties of 18 Pa.C,S. S4904 relating to unsworn
falsification to authorities.
Date: ~
C~(0~
Cathy R. cCarron
. ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
NO. 2004 - 4221 CIVIL TERM
MICHAEL J. McCARRON,
Plaintiff
CATHY R, McCARRON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
1, Cindy S. Conley, Esquire, counsel for Cathy R. McCarron, Defendant in the above-
captioned action, hereby certifY that a true and correct copy of the foregoing Petition Raising
Marital Claims was served upon Mindy S. Goodman, Esquire, counsel for Plaintiff Michael J.
McCarron, by depositing same in the United States mail, first class, on February 10, 2006,
addressed as follows:
Mindy S. Goodman, Esquire
Northwood Office Center
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
Date: I . F .Jr ,Joc,<
c:?-_~,r::/ (/:- - (~
Cindy S. Co y, Esquire
HOWETT, IS SINGER, CONLEY & HOLST, r.c,
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Cathy R. McCarron
lJ (:) ~
~ t 6
,
......... 0 ()
~ TI
:t? 111 D -'.., ---I
T
~ ~-;1;n
~ ~ I -..II--~
--.- -,}t._;
i? c-.)
0 ~ ~,
-i::- ----
(.,,) ,-..;
~ r~)
cu .--<
r--
~
ry,
"
:
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 2:1...:D day ors..C7'\-~ ,2006,
between MICHAEL J. MCCARRON, hereinafter called "Husband" and CATHY R.
MCCARRON, hereinafter called "Wife."
WITNESSETH:
The parties hereto, being Husband and Wife, were lawfully married on May 19, 1973 in
York County, Pennsylvania, and separated on or about May 18, 2004;
The parties are the parents of two children; and
Wife is represented by Cindy S. Conley, Attorney at Law, and Husband is represented by
Mindy S. Goodman, Attorney at Law; and
Diverse and unhappy differences have arisen between the parties, and it is the intention of
Husband and Wife to separate for the rest of their natural lives, and the parties hereto are
desirous of settling fully and finally their respective financial and property rights and obligations
as between each other including, without limitation by specification: the settling of all matters
between them relating to the ownership and equitable distribution of real and personal property;
the settling of all matters between them relating to the past, present or future support, alimony
and/or maintenance of each other; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estate.
NOW, THEREFORE, in consideration of the premises and mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending
to be legally bound hereby, covenant and agree as follows:
-,
1. 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 n the body of the Agreement.
2. EFFECT OF DIVORCE DECREE.
The parties agree that unless otherwise specifically provided herein, 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. This Agreement is not intended to condone and shall not be deemed to be
condonation on the part of either party hereto of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which have occurred or may occur
subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably
broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of
Section 3301(c) of the Divorce Code in a Cumberland County divorce action. The parties shall
execute Affidavits of Consent upon execution of this Marital Settlement Agreement since the
mandatory 90-day waiting period has expired under the no-fault divorce laws. Should either
party fail to execute the Affidavit of Consent required under Section 3301(c) of the Divorce
Code, this shall constitute a breach of this Agreement and the non-breaching party shall have the
right to Petition for Enforcement of the Marital Settlement Agreement and the non-breaching
party shall be entitled to reimbursement of his or her attorney's fees incurred as a result of having
to file for enforcement.
2
"
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.
The parties agree that the terms of this Agreement shall be incorporated into any Divorce
Decree that may be entered with respect to them in the future.
4. NON-MERGER.
It is the parties' intent that this Agreement does not merge with the Divorce Decree, but
rather shall continue to have independent contractual significance. Each party maintains his or
her contractual remedies as well as court ordered remedies as the result ofthe aforesaid
incorporation or as otherwise provided by law or statute. Those remedies shall include, but not
be limited to, damages resulting from breach of this Agreement, specific enforcement ofthis
Agreement, and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statues now in effect and as amended or
hereafter enacted.
5. DATE OF EXECUTION.
The "date of execution" or "execution date" of this Agreement, if not signed by both
parties on the same date, shall be defined as the date of execution by the party last executing this
Agreement.
6. DISTRIBUTION DATE.
The transfer of property, funds and/or documents provided herein shall take place within
thirty (30) days of the date of execution of this Agreement unless otherwise specified herein.
3
",
7. 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.
8. 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.
9. NONINTERFERENCE.
Each party shall be free from interference, authority and control, direct or indirect, by the
other in all respects as fully as ifhe or she were single and unmarried. Each may, for his or her
separate use or benefit, conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. Neither party shall molest, harass, disturb
or malign the other or the family of said other, nor compel or attempt to compel the other to
cohabit or dwell with him or her.
10. MUTUAL RELEASES.
Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife
relinquishes her inchoate intestate right in the estate of Husband, and each ofthe parties hereto
by these presents, for himself or herself, his or her heirs, executors, administrators or assigns,
does remise, release, quitclaim, and forever discharge to the other party hereto, his or her heirs,
executors, administrators or assigns, or any of them, of and from any and all claims in the nature
of dower and curtesy or widow's or widower'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 as testamentary, or all other rights of a surviving spouse to participate in a
4
"
deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania
or any other state or any country, as well as any and all other claims, demands, damages, actions,
causes of actions, or suits of law or in equity, of whatsoever kind or nature, for other state or
country, as well as any and all other claims, demands, damages, actions, causes of actions, or
suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done,
omitted, or suffered to be done by said party prior to and including the date hereof; except that
this release shall in no way exonerate or discharge either party hereto from the obligations and
promises made and imposed by reason of this Agreement, and shall in no way affect any cause of
action in absolute divorce which either party may have against the other party.
11. MARITAL PROPERTY.
The parties hereto acknowledge and agree that they have acquired various assets during
their marriage, whether the same were held jointly or individually the parties hereto, including
but not limited to:
(a) Marital residence located at 94 Carol Place, New Cumberland,
Pennsylvania.
(b) Household goods, contents, furniture and furnishings.
(c) Various bank: accounts.
(d) Various motor vehicles,
(e) Various retirement accounts and benefit;
(f) One Thousand Trails Membership; and
(g) Sailboat and Trailer.
5
"
12. DISTRIBUTION OF MARITAL PROPERTY.
The parties hereto covenant and agree that the assets described in Paragraph 11, above,
together with any other property that the parties acquired individually or jointly prior to the
marriage, have been or are hereby being divided and distributed between them as follows:
(a) Wife shall retain sole and exclusive possession and ownership of
the marital residence located at 94 Carol Place, New Cumberland, Pennsylvania. Beginning as of
the date of separation, Wife shall be solely responsible for any and all expenses related to the
marital residence, including but not limited to the mortgage, property taxes, utilities, maintenance
and upkeep and shall indemnify, defend, and hold Husband harmless from the same. Within
thirty (30) days of the date of execution ofthis Agreement, Wife shall make application to
refinance the mortgage to remove Husband's name from the mortgage obligation. Should Wife
be unable to obtain financing to remove Husband from any liability for the mortgage on the
marital residence within six (6) months from the date of execution of this Agreement, the
property shall immediately be sold and Wife shall be entitled to retain 100 percent of the net
proceeds. Upon demand by Wife, Husband shall execute a deed transferring his interest in the
property to Wife.
(b) The parties hereto have agreed on a division of household goods
and furnishings. Those items currently in the possession of Wife shall become the sole and
separate property of Wife, and those items currently in the possession of Husband shall become
the sole and separate property of Husband.
(c) The parties hereto have heretofore divided all of their joint and
individual bank accounts.
6
"
(d) Motor vehicles - Husband shall retain sole and exclusive
possession and ownership ofthe 2001 BMW, which is presently encumbered by a loan. Husband
shall be solely responsible for timely payment on said loan and shall indemnify and hold Wife
harmless from the same. If necessary Wife shall take any and all steps required to transfer tile of
said vehicle to Husband. Wife shall retain sole and exclusive possession and ownership of the
1999 Chrysler Town and Country van, which is presently encumbered by a loan. Wife shall be
solely responsible for timely payment on said loan and shall indemnify and hold Husband
harmless from the same. If necessary Husband shall take any and all steps required to transfer
title of said vehicle to Wife. Husband shall remove the sailboat and trailer from the Marital
Residence within ten (10) days of the date of execution of this Agreement. If Husband fails to
remove the sailboat and trailer from the Marital Residence within that time period then he shall,
at Wife's request, transfer title ofthe sailboat and trailer to Wife so she can dispose of them.
(e) Retirement Accounts and Benefit - Husband and Wife both have
retirement benefits through the Pennsylvania State Employees' Retirement System (PSERS).
Each of the parties shall retain his or her separate PSERS retirement benefits and each of the
parties waives any right, title, claim or interest he or she may have in the PSERS retirement
benefits of the other. The parties further acknowledge that Husband receives a U.S. Veterans
Disability Benefit/Pension and that throughout these proceedings Husband has represented that
he believes Wife may remain entitled to a death benefit through the Department of Veterans'
Affairs Dependency and Indemnification Compensation Program even after the divorce.
Accordingly, Husband shall not take any steps which would defeat or reduce Wife's entitlement
7
and shall provide any documentation he has in regard to this program to Wife within thirty (30)
days of the date of execution of this Agreement.
(f) One Thousand Trails Membership. Husband shall become sole
and exclusive owner of this membership, free of any right, title, claim and/or interest of Wife.
Wife shall execute any documents presented to her by Husband necessary to transfer sole
ownership to him. Husband shall be responsible for all expenses related to this membership and
shall indemnify and hold Wife harmless from the same.
13. ESCROW ACCOUNT.
In 2005 the parties sold a jointly owned cabin property located in the Poconos. The
proceeds of the sale of the cabin are currently held in escrow through Wife's attorney. The
balance of the escrow funds shall become the sole and separate property of Husband and Wife
hereby relinquishes any and all right, title, claim or interest she may have to these funds currently
held in escrow. Within ten (10) days of the date of execution ofthis Agreement, the escrow
account shall be closed and a check shall be forwarded to Husband through Husband's attorney's
office.
14. INSTALLMENT PAYMENTS TO WIFE & COUNSEL FEES.
Husband shall pay to Wife the total sum, as tax free equitable distribution, of Sixty Five
Thousand Dollars ($65,000.00), which shall constitute the lump sum value attributable to Wife's
portion of Husband's retirement, Wife's attorney's fees, and interest. Except as provided below,
this payment to Wife shall be paid as follows:
(a) Beginning October 1,2006, and for a period of twenty-four (24)
consecutive months Husband shall pay to Wife the sum of Two Hundred Seventy Dollars and
8
beneficiary of both the Veteran's Administration policy and the United Home Life policy.
Husband shall maintain this policy and Wife as its beneficiary until September of 2014, when
Wife shall have received all ofthe installment payments to which she is entitled under Paragraph
14 above. Husband shall have the right to name a secondary beneficiary for whatever value of
the policy is over and above the amount still due and owing to Wife under Paragraph 14 above.
Wife shall be authorized to contact the carriers of these policies from time to time to confirm that
Husband is in compliance with this paragraph. Husband hereby authorizes these companies to
release the information to Wife.
So long as Husband is bound hereunder, he shall:
(1) Promptly pay all premiums on these policies;
(2) Not create any lien on, will not pledge, or will not borrow against
these policies; and
(3) Not change the designation of Wife as primary beneficiary.
Should any of the policies provided for herein not be in force and effect for any reason at
the time of Husband's death and should Wife be entitled to receive proceeds in accordance with
this Agreement, then in such event, Wife shall be entitled to make a claim against Husband's
estate for the amount of proceeds which she would have been entitled to receive if the policies
had been in force.
Moreover, Husband shall direct the insurance companies to provide Wife with duplicate
notices of premium payments due and default in premium payments. In the event Husband fails
to make a premium that is due, Wife shall have the option, but not the obligation of making the
10
payment. In that event, Husband shall be fully responsible for reimbursing Wife in the amount of
said payment.
Nothing in this paragraph, however, shall relieve Husband of his obligation to maintain
the policies as provided for herein.
16. MARITAL DEBT.
The parties hereto acknowledge and agree that other than the debt that is identified above
and outlined elsewhere in this Agreement, there is no marital debt. Wife shall be solely
responsible for any and all credit card debt in her name, whether the same was incurred during
the marriage or after the date of separation, and shall indemnify, defend and hold Husband
harmless from the same. Husband shall be solely responsible for any and all credit card debt in
his name, whether the same was incurred during the marriage or after the date of separation, and
shall indemnify, defend and hold Wife harmless from the same. All joint credit cards, if any,
shall be closed. If there is any debt in joint names, it shall be the sole and separate responsibility
of the party who incurred said debt.
17. FUTURE OWNERSHIP OF PROPERTY.
Each of the parties hereto may hereafter own and enjoy, independently of any claims or
rights of the other, all items of personal and real property, tangible or intangible, hereafter
acquired by him or her, will 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
18. MUTUAL RELEASES.
The parties hereto acknowledge that under prevailing Pennsylvania law they each have
certain possible fiscal rights, including but not limited to the following: spousal support, alimony
pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of
counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of
marital property, as well as the right to seek discovery of assets through interrogatories and/or
depositions. The parties further acknowledge that Wife is currently receiving spousal support
from Husband per a Cumberland County Domestic Relations Order. The parties agree that the
spousal support order shall terminate effective September 30, 2006. Thereafter, it is the intention
of the parties hereto that except as otherwise provided herein, all of the foregoing rights and
remedies are hereby waived and forever released and that this Agreement shall have the effect of
a final Order of Court relieving each party of the obligation to the other for any and all of the
foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both
parties covenant and agree that, except as outlined herein, upon entry of the Divorce Decree both
parties waive, release and forever relinquish their respective possible rights of spousal support of,
from and against the other party; neither party will at any time seek alimony pendente lite,
counsel fees, costs or expenses from the other party; neither party will see discovery of assets;
and the parties have effected an equitable distribution of their marital property and neither will
seek further distribution by any action at law or in equity.
12
19. BANKRUPTCY.
It is hereby understood and agreed by and between the parties that their obligations
pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be
deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she
has not heretofore instituted any proceeds pursuant to the bankruptcy laws nor are there any such
proceedings pending with respect to him/her that have been initiated by others.
20. OTHER WRITINGS.
Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or
other writings necessary to carry out the intent of this Agreement.
21. ENTIRE AGREEMENT.
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.
22. LEGALLY BINDING.
It is the intent of the parties hereto to be legally bound hereby and this Agreement shall
bind the parties hereto and his or her respective heirs, executors, administrators and assigns.
23. COSTS TO ENFORCE.
In the event that either party defaults in the performance of any duties or obligations
required by the terms of this Agreement, and both extra-judicial and judicial proceedings are
commenced to enforce such duty or obligations, the party found to be in default shall be liable for
all expenses, including reasonable attorneys' fees, incurred as a result of such proceeding.
13
24. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD.
Each party to this Agreement acknowledges and declares that he or she respectively:
a. Is fully and completely informed as to the facts relating to the
subject matter and their Agreement as the rights and liabilities of both parties;
b. Has given careful and mature thought to the making of this
Agreement;
c. Has carefully read each provision of this Agreement; and
d. Fully and completely understands each provision of this
Agreement, both as to subject matter and legal affect.
25. AMENDMENT OR MODIFICATION.
This Agreement may be amended or modified only by a written instrument signed by both
parties.
26. 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 be
valid and continue in full force, effect and operation. Likewise, the failure of any party to meet
his or her obligations under anyone or more ofthe paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations
of the parties.
14
27. LAW APPLICABLE.
This Agreement shall be governed, construed and enforced under the statute and case law
of the Commonwealth of Pennsylvania.
28. HEADINGS NOT PART OF AGREEMENT.
Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted
solely for convenience of reference and shall not constitute a part ofthis Agreement nor shall
they affect its meaning, construction or 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 AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT
AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
WITNESS:
~~~~/::7Q:)L_
Mindy S. Goodman, Esquire
cQ~~)V\cQ~~
15
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFD~~\;\\~
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL J.
MCCARRON, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z.~day of
>~
,2006.
~5L~a::>~fL -
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
tv.-\ ~ \>-J S. (;.JOO ...-.-.J
My commission expires:
COM ONWEAL TH OF PENNSYLVANIA
NOTARIAL S~L
MINDY S. GOODMAN, Notary Public
City of Harrisburg, Dauphin County
MCommission Expires M 21, 2009
16
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF ~h'\n
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared CATHY R.
MCCARRON, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I CfIJ day of
&.ptLn>bJ
,2006.
ili~~~-~~
NOtary Prtb1ic in and for .
Commonwealth of Pennsylvania
Typed or printed name of Notary:
(':'i '5'-' L C')Dn i "
My commission expires:
17
o
~~
f~
c~"'""'"
g
-I
o
-n
.-1
::I:.,..,
rn r-
c.)
C)
.1_:.....:
C~}
\J
-~-. ,.
...--,'.'"
;-j
1')
I' ) J-"'j-
,.," ,:n
r-','
':...'\
i;
:<
MICHAEL J. McCARRON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-4221 CIVIL TERM
CATHY R. McCARRON,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under ~ 3301 (c) of the Divorce Code was filed on
August 24, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce without formal notice of the
intention to request entry of a divorce decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses in do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons.
Stat. ~ 4904, relating to unsworn falsification to authorities. ? //
~//~,' ~ {l>//
II; 2,
Date: ~- (1 {,
. .-:11
~
(")
~
"nf:f.
n"'1c!"_
:--..... "T
~;I-.
,<u1_....
v:; ~'-;-
-".,~ .,' -
r:;:c
"_.
:~~ (-
~S.C'
')> f:;
~
-<
r-.:>
=
=
c::r>
o
C-'
-1
~)
o
~
--4
III
ri1F
~8
; ,_.~: (~)
-........ .
-0
---/
..........
'~~;~
'n
:<
MICHAEL J. McCARRON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-4221 CIVIL TERM
CATHY R. McCARRON,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF
INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses in 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 PenaltJ.'.e. s of 18 PayJZ6ns.
Stat. ~ 4904, relating to unsworn falsification to authOrit!~s. .~'. ..' a :I
Date:~1 .' t d.'>{; j/' -i,-,.~
Michael J
~. V
()
s
S-.
\'J ce'
Q)f.r
::~-; :~.
.r::. ~',
'!:' ~.
r::,
<.....
~~~ ';~
:~~~
::'-:1
"
........
t---l
=
=
c::r>
<::)
C)
-I
(...)
o
~n
--i
I-n
rnr=
m
C)
,
.-)
~.-
-r,
... -ri
'.~2c.:s
/;) n,
~-=4
~O
=<
-0
=~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL J. McCARRON,
Plaintiff
v.
)
) NO. 2004-4221
)
)
)
) CIVIL ACTION - LAW
) IN DIVORCE
CATHY R. McCARRON,
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on
August 24, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made above 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: /0/5/ (J/p
, I I
~~<'
-:g i::
'~)!;
C/.~+
-~f"
l~~:~_..
L-. ("")'
.,,_.. '-.....
>c:
-7
~:j
--<.
C)
~;
l""--'
=
=
CI'"
o
<:')
-{
W
o
-v
--i"""
-""
o
-1-1
-I
:::c -;1
rnC
'.004
~X~~ ~
\~.<~ C_)
":7';
i~P\
~J>
~
,
~
MICHAEL J. McCARRON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2004-4221
CATHY R. McCARRON,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for
entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under 3301(c) ofthe Divorce
Code.
2. Date and manner of service of the Complaint: Acceptance of Service
signed by Counsel for Defendant on September 1, 2004 attached hereto.
3. Date of execution of the affidavit of consent required by 3301(c) of the
Divorce Code: by Plaintiff
9- 30-06
; by Defendant
10-5-06
4. Related claims pending: NONE
5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the
Prothonotary:
10-30-06
; by Defendant
10-30-06
Respectfully submitted,
~bceJL
Mindy S. Goodman, Esquire
J.D. No. 78407
2215 Forest Hills Drive - Suite 35
Harrisburg, PAl 7112
(717) 540-8742
Date:lo - Z+ -c::;> ~
g
~;.
-otT
\=~[
~~ ~-
1:~ ~=>
.:0::- (_
',"Y ~;;~
:::::\
-'-
~
=
C1"
o
eJ.
-.
t..:>
o
o
-n
.-1
::J:.-n
p,=
~.O~
t~~
1~~ l+.
-1
.~
"-:0
:.<
-0
~"
.....;;1.
-1
".
>
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
NO. 04-4221 CIVIL TERM
MICHAELJ. McCARRON,
Plaintiff
CATHY R. McCARRON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Cindy S. Conley, Esquire, counsel for Cathy R. McCarron, Defendant in the above-
captioned divorce action, hereby accept service of the Complaint in Divorce on her behalf.
Respectfully submitted,
)
Date: / ~ ol{
Cindy S. Conley squire
HOWETT, SINGER & CONLE
130 Walnut treet
P.O. Box 810
Harrisburg, PAl 7108
Telephone: (717) 234-2616
Counsel for Defendant Cathy R. McCarron
(") ~
= ,-)
c: = ~
s: Cl"'
""D cr:: C') .-t
n- n C-) I Ii
?' ~ rn F
i:)! (.,) -om
0 =r! \:;-)
,-- " ,_..J S;.1
~.... -,
~ v ~~~ :TJ
---" ::1::': C)
},> ;::-5 fT,
--I
?E
N -<
, .
.. , . I
PROPERTY SETTLEMENT AGREEMENT
t .
THIS AGREEMENT, made this 3/ t2... day of ~ ..,t , 2006, is
by and between:
TODD A. BOKELMAN of 4255 Roth Farm Village Circle in Mechanicsburg,
Pennsylvania, hereinafter referred to as "Husband"; and
MARGARET F. BOKELMAN of 5623 Pinehurst Way in Mechanicsburg, Pennsylvania,
hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on 25 July
1987 and are the natural parents of two minor children: Emily C Bokelman, now age 13, born
18 November 1992, and Sophie M. Bokelman, now age 10, born 18 January 1996 (hereinafter
referred to as "children"); and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Husband has initiated
an action in divorce against Wife; and
WHEREAS, the parties hereto have each consulted with separate counsel and have
received extensive advice regarding their rights and obligations under the law of
Pennsylvania and have also exchanged financial information during the negotiations which
have led to this Agreement, and each of the parties is free to meet with an attorney or other
representative or advisor of their choice before this Agreement is signed; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for their children and for their rights and
responsibilities in and toward such children, the provision for the liabilities they owe, and
provision for the resolution of their mutual differences, after both parties have had full and
ample opportunity to consult with their respective attorneys, and the parties now wish to
have that agreement reduced to writing; and
Page 1 of 17
. .
. . . '
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and valuable
considerations, and intending to be legally bound and to legally bind their heirs, successors,
assigns, and personal representatives, do hereby covenant, promise, and agree as follows:
1. CUSTODY. The parties shall share legal custody of their minor children, as that
term is defined by the law of Pennsylvania. Wife shall have primary physical custody of
both children, who shall continue to reside with her at her residence. Husband shall have
such periods of temporary custody as the parties may mutually agree, giving proper
consideration to the best interest of the children and the maintenance of a close and
appropriate relationship with both parents.
2. CHILD SUPPORT. Husband shall pay directly to Wife, toward the financial
support of the parties' children, the sum of Six Thousand ($6,000.00) Dollars per month,
commencing with the first month following the date of the execution of this Agreement and
continuing until August of the year in which the first of the children graduates from high
school, after which date Husband shall pay child support to Wife in the amount of Four
Thousand Five Hundred ($4,500.00) Dollars for the remaining child until August of the year
in which the second child graduates from high school. The payments shall be made directly
to Wife and arise out of the contractual obligation which both of the parties have voluntarily
assumed, having been advised of their rights under the law of the Commonwealth of
Pennsylvania and, as such, are not subject to modification, reduction, or change except by
the mutual consent of the parties expressed in writing. In addition to the cash support
payments provided for herein, the parties further agree:
A. Husband shall provide, at his sole expense, health insurance for both
of the children, substantially the same as the health insurance now in effect for
their benefit, as long as he is obligated to pay support for the children pursuant
to this paragraph. Further, Husband and Wife shall each pay one half of all
medical, dental, psychological, and other health-related expenses incurred for
Page 2 of 17
. '
~'
"
or by the children not paid or reimbursed by the health insurance which
exceeds $1,000.00 each calendar year.
B. The payments pursuant to this Paragraph shall be made by Husband
directly to Wife in such amounts and on such dates as the parties may mutually
agree but, if the parties do not mutually agree, the payments shall be due on or
before the 15th day of each month. In the event that Husband fails to make any
of the payments within the month in which the payment is due, the parties
agree that they will cooperate to have a child support order entered against
Husband by a court of appropriate jurisdiction (meaning the court in the
jurisdictional district in which the children and wife are then residing) and
Husband shall agree to a wage attachment and such other reasonable
enforcement methods as are available to assure payment of and compliance
with said order.
3. LIFE INSURANCE TRUST. The parties acknowledge that, during the marriage,
they created a life insurance trust by an agreement dated 16 May 2003 which appointed Wife
as trustee and transferred policies of insurance on Husband's life, with total death benefits of
$3,000,000.00 to the trust. The parties further acknowledge that the terms of the trust
agreement provide that Wife and the parties' children are the primary and exclusive
beneficiaries of the trust, that the policies of insurance on Husband's life will be collected by
the trustee following his death and such proceeds will be maintained, pursuant to the terms
and conditions of the trust agreement, for the benefit of the parties' children. The parties
agree that they will take all actions necessary to continue and maintain the trust agreement,
that Husband and Wife shall each contribute and deliver to the trustee one half of the funds
required to pay all premiums due or required to continue and maintain the insurance in
accordance with the trust agreement. The parties further agree that each of them shall be
entitled to receive information upon their request from the trustee of the trust, the
companies issuing the life insurance policies, and from each other regarding the terms and
Page 3 of 17
, .
, .
conditions of the trust and such other information as may be required to assure that the trust
continues in full force and effect for the protection of the children in accordance with this
Paragraph.
4. RESIDENCE. Husband shall grant, convey, and transfer onto Wife all of his right,
title and interest in and to the property at 5623 Pinehurst Way now owned jointly by the
parties, as tenants by the entireties, subject only to the first mortgage on the property,
currently owed to Chase Mortgage Company with a principal balance of approximately
$240,000.00. Husband shall make, execute, acknowledge and deliver to Wife or her attorney
his Special Warranty Deed to convey the property to Wife within thirty (30) days of the date
of this Agreement. Wife shall, from and after the commencement of alimony as provided in
this Agreement, make all monthly installments and take all other actions required by the
debt which is secured by the first mortgage against the property, shall pay all utilities, real
estate taxes, home owners insurance, and all other expenses and obligations arising out of
her ownership or occupancy of the property and shall further indemnify and save Husband
harmless from any loss, cost, or expense caused to him by her failure to pay such obligations
as due. Further, Wife shall, within thirty (30) days of the date of this Agreement commence
whatever actions are reasonably required to refinance the mortgage which encumbers the
property or to otherwise secure Husband's unconditional release from that debt and shall
continue those efforts until such time as she has secured his release, by refinancing the
mortgage or otherwise.
5. HUSBAND'S HOME. Wife shall grant, convey, and transfer unto Husband all of
her right, title and interest in and to the property at 4255 Roth Farm Village Circle currently
held in Husband's name alone and subject to a mortgage on the property, currently owed to
Citimortgage with a principal balance of approximately $170,000.00. Wife shall make,
execute, acknowledge and deliver to Husband or his attorney her Quit Claim Deed to convey
the property to Husband within thirty (30) days of the date of this Agreement. Husband
shall, as of the date of this Agreement, make all monthly installments and take all other
Page 4 of 17
, .
. '
actions required by the debt which is secured by the first mortgage against the property,
shall pay all utilities, real estate taxes, home owners insurance, and all other expenses and
obligations arising out of his ownership or occupancy of the property and shall further
indemnify and save Wife harmless from any loss, cost, or expense caused to her by his
failure to pay such obligations as due.
6. MOTOR VEHICLES. The parties agree that they will divide, distribute, and
otherwise dispose of the motor vehicles owned by them, and any debt associated with those
vehicles, as follows:
A. Wife shall retain the 2005 Toyota Siena motor vehicle currently in
her possession.
B. Husband shall retain the 2001 Toyota 4-Runner currently in his
possession.
C. Husband shall retain the 2002 Porsche 911 currently in his
possession.
D. Each of the parties shall be responsible to pay and satisfy, in
accordance with their terms, any debt which encumbers the title to any of the
vehicle assigned to them pursuant to this paragraph and all other expenses and
obligations arising out of their use or ownership of the vehicle from and after
the date of this agreement and shall further indemnify and save the other party
harmless from any loss, cost, or expense caused by their failure to do so or to
adequately insure the vehicle against any claims by third parties.
The parties will make, execute, acknowledge, and deliver any and all documents necessary
to accomplish the transfer or waiver of ownership in the motor vehicles as set forth herein.
Each of the parties shall be responsible to pay any and all debts, expenses, or other
obligations arising out of their ownership or operation of said motor vehicles and shall
indemnify and save the other harmless from any loss, cost, or expense caused to them by
their failure to do so.
Page 5 of 17
7. ASSETS TO BE TRANSFERRED or retained by WIFE. The parties agree that Wife
shall be the sole and separate owner of the following assets, whether those assets are now
held in joint names or the name of either of the parties individually:
A. M & T Bank checking account with account number ending in 2674.
B. Vanguard Fund Account No. 0540-09916221369.
C. Vanguard Fund Account No. 0084-0996219304.
D. E- Trade investment Account No. 6413-2050.
E. Wife's E-Trade IRA No. 6749-1569.
The parties agree that they will make, execute, acknowledge and deliver, within thirty (30)
days after the date of this agreement, all documents necessary to transfer such items to
Wife's name alone and for Husband to waive any further claim to or interest in such assets
and Husband does hereby acknowledge those assets to be the sole and separate property of
Wife from and after the date of this agreement.
8. ASSETS TO BE TRANSFERRED TO HUSBAND. The parties agree that Husband
shall be the sole and separate owner of the following assets, whether those assets are now
held in joint names or the name of either of the parties individually:
A. M & T Bank checking account with the account number ending in
1783.
B. Husband's Schwab 401 (k) Account No. 6384-9825.
C. Husband's E-Trade IRA No. 6749-1564.
D. Husband's savings account No. 4438 7152 with ING Direct, which
he opened after the date of separation and which contains only funds earned or
saved after separation.
The parties agree that they will make, execute, acknowledge and deliver, within thirty (30)
days after the date of this agreement, all documents necessary to transfer such items to
Husband's name alone and for Wife to waive any further claim to or interest in such assets
Page 6 of 17
and Wife does hereby acknowledge those assets to be the sole and separate property of
Husband from and after the date of this agreement.
9. MOFFITI HEART & VASCULAR GROUP. The parties acknowledge that Husband
is an owner of and participant in the Moffit Heart & Vascular Group, a professional
association where he practices medicine. The parties acknowledge that they have
exchanged all information regarding that asset and they have agreed that Husband shall
retain his interest in it free of any further claim by Wife. Accordingly, Wife does hereby
waive, release, relinquish, and quitclaim any interest in the said corporation or any claim to
Husband's interest in that entity. Husband represents that there are no debts or obligations
of Moffit Heart & Vascular Group for which Wife could now be liable and further agrees that
he shall indemnify and save Wife harmless from any claim, loss, or liability which may be
caused to her by his ownership of or participation in that entity, from and after the date of
his first involvement with it.
10. RIVERSIDE I AND RIVERSIDE II. The parties acknowledge that, during the
marriage, Husband became an owner of interests in two real estate partnerships known as
Riverside I and Riverside II at which Moffit Heart & Vascular Group maintains offices. The
parties agree that they have exchanged all information regarding those entities and
Husband's interest in them and they have agreed that Husband shall be the sole and separate
owner of his interests in those entities in the future. Accordingly,
Wife does hereby waive, release, relinquish, and quitclaim any interest in the said
corporation or any claim to Husband's interest in the said partnerships. Husband represents
that there are no debts or obligations of Riverside I and Riverside II for which Wife could be
liable and further agrees that he shall indemnify and save Wife harmless from any claim,
loss, or liability which may be caused to her by his ownership of or participation in those
entities, from and after the date of his first involvement with them.
11. ALIMONY. Husband shall pay Wife alimony as follows:
Page 7 of 17
A. The amount of alimony shall be equal to 15% of all pre-tax
compensation from Husband's professional services or employment, including,
without limitation, salary, bonuses, commissions, distributions of earnings
from any professional corporation, partnership, limited liability company, or
other entity for which he practices medicine or by which he is otherwise
employed, and any and all consulting fees or other compensation received by
him as a result of his professional training, work, or services, specifically
including any payments or proceeds of disability income insurance policies or
any other disability income received as a result of his prior work or services.
In calculating Husband's pre-tax compensation, any reductions in his income
or compensation resulting from any contributions to any tax-deferred accounts
or retirement plans or similar assets in which he is a participant or to which
contributions or payments are made for his benefit, including, without
limitation, 401 (k) Plans, pension and profit sharing plans, individual
retirement accounts, or simplified employee plans, to the extent any
contributions exceed ten (10%) percent of the gross compensation earned by or
paid to Husband, such portion in excess of ten (10%) percent shall be added
back to Husband's pre-tax compensation for the calculation of the alimony to
be paid to Wife.
B. The term of the alimony shall be indefinite. It shall commence with
the first month following the execution of this Agreement and shall continue
until the death of either party, until Wife's remarriage, or until Wife's
cohabitation with another man for a continuous period of sixty (60) days or
more, or until terminated by the mutual agreement of Husband and Wife or
terminated by an order of court based upon a finding that Husband is no longer
Page 8 of 17
able financially to pay the alimony or Wife no longer, financially needs the
alimony, whichever shall first occur.
C. In addition to the cash payment provided for herein, Husband shall
provide, at his sole expense, health insurance for Wife, providing benefits
substantially the same as the benefits under the health insurance now provided
to Wife through Husband's employment, until such time as Wife obtains
suitable or comparable health insurance coverage at little or no expense to her
through her employment provided, however, that Husband shall not be
required to provide such insurance coverage for Wife for more than two (2)
years from and following the date of this Agreement.
Husband shall calculate and pay to Wife the alimony due hereunder monthly and the parties
shall verify the alimony paid each year promptly upon the preparation of Husband's
federal income tax return for the prior year and they further agree that the determination of
Husband's income, to which the percentage set out in this paragraph shall be applied, will
be made in accordance with the law of the Commonwealth of Pennsylvania. The parties
agree that they shall cooperate to exchange information, including Husband's tax returns and
all supporting documents used to prepare those returns each year. In the event that there is
any dispute between the parties as to the amount of alimony Husband is to payor the
calculation of that payment, and if the parties are not able to resolve that agreement
themselves through negotiation, either party shall have the right to present a petition to the
Court of Common Pleas of Cumberland County, Pennsylvania, to have that court calculate
and determine the proper amount of alimony Husband is to pay under this Paragraph.
Further, the parties agree that the alimony payments pursuant to this payment shall be made
directly from Husband to Wife in an amount equal to 15% of his monthly income (which
shall be reviewed and adjusted on an annual basis so that Wife receives the full 15% of his
total income for the year) and that such payment shall be made on a date and in the form
mutually agreed upon by the parties provided, however, that if the parties cannot so agree,
Page 9 of 17
the alimony payments will be made by check from Husband to Wife delivered on or before
the first (1 5t) day of each month. In the event that Husband fails to make any of the alimony
payments due hereunder within fifteen (15) days of the date they are due, the parties shall,
at Wife's request, take all actions necessary to have an order entered by the Court of
Common Pleas of Cumberland County, Pennsylvania, to enforce the alimony provisions of
this Paragraph.
12. LIFE INSURANCE ON HUSBAND. Husband agrees that he will cooperate with
Wife and take all actions reasonably necessary to permit and enable her to acquire a policy
of insurance on his life, provided that the policy will be owned by Wife and that Wife will
pay all premiums and other expenses associated with the policy and have complete control
over the designation and beneficiaries and other matters related to the policy.
13. PERSONAL PROPERTY. The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household furnishings, appliances, and other
household and personal property between them and they mutually agree that each party
shall, from and after the date hereof, be the sole and separate owner of all such tangible
personal property presently in his or her possession, whether said property was heretofore
owned jointly or individually by the parties hereto, and this agreement shall have the effect
of an assignment or receipt from each party to the other for such property as may be in the
individual possessions of each of the parties hereto, the effective date of said bill of sale to be
contemporaneous with the date of the execution of this Agreement.
14. DEBTS. The parties agree that they shall allocate, divide, and pay their credit
card accounts as follows:
A. Wife shall retain the Discover Card account which ends in the
numbers 3802 and the M & T Bank VISA card which ends in the numbers 8161
and all department store charge accounts or any other credit accounts in her
name alone, and Wife shall be responsible to pay and satisfy those obligations,
Page 10 of 17
as they become due and shall indemnify and save Husband harmless from any
loss, cost, or expense caused to him by her failure to do so.
B. Husband shall retain the Discover Card account which ends in the
numbers 3144 and a MasterCard account which ends in the numbers 6161 and
any other credit card or account in his name alone and shall be responsible to
pay and satisfy those obligations, as they become due and shall indemnify and
save Wife harmless from any loss, cost, or expense caused to her by his failure
to do so.
Otherwise, the parties mutually represent to each other that there are no debts or obligations
owed by either of them, for which the other could be liable, except as are expressly provided
for in this Agreement and the parties hereto mutually represent to the other than neither of
them has incurred any debts in the name of the other not previously disclosed or provided
for in this agreement. Each of the parties hereby represents to the other that neither one of
them have incurred or contracted for debts in the name of the other or for which the other is
or would be legally liable from and after the date of the parties' separation. Both parties
hereto mutually agree and promise that neither will contract or otherwise incur debts in the
other's or joint names without the prior permission and consent of the other party hereto.
Both parties hereto represent and warrant to the other party that they have not so contracted
any debts unbeknownst to the other up to the time and date of this Agreement.
15. COLLEGE EXPENSES FOR CHILDREN. The parties acknowledge that they
currently hold, for the benefit of their children, the following investments:
A. A 529 College Fund with The Education Plan, having Account No.
1100535163 for the benefit of their daughter Emily, which account will
continue to be held by Husband for the benefit of Emily pursuant to this
Paragraph.
B. A 529 College Fund with The Education Plan, having Account No.
1100535189 for the benefit oftheir daughter Sophie, which account will
Page 11 of 17
continue to be held by Wife for the benefit of Sophie pursuant to this
Paragraph.
The parties agree that they shall continue to hold and invest those funds solely for the
benefit of their daughters and will use the funds in those accounts only for the college or
other higher education expenses of their daughters. In the event that, funds remain in the
accounts, or either of the accounts, upon the completion of the daughters' formal education
beyond high school, or each child attaining the age of twenty-five (25) years whichever last
occurs, the funds and assets within each account shall then be distributed to the daughter
for whose benefit the account has been held. Further, the parties agree that they shall
exchange and provide to each other statements reflecting the balance in and all activity
within those accounts, at least annually, from the date of this agreement until such time as
those accounts have been exhausted and all funds within them have been assumed or
distributed.
16. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each
of them have had a full and ample opportunity to consult with counsel of their choice
regarding their claims arising out of the marriage and divorce and that they have specifically
reviewed their rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement, and the right to
have the court review the assets and claims of the parties and decide them aspart of the
divorce action. Being aware of those rights, and being aware of the marital property owned
by each of the parties, the parties hereto, in consideration of the other terms and provisions
of this agreement, do hereby waive, release and quitclaim any further right to have a court or
any other tribunal equitably distribute or divide their marital property and do hereby further
waive, release and quitclaim any and all claim against or interest in assets now currently in
the possession or held in the name of the other, it being their intention to accept the terms
and provisions of this agreement in full satisfaction of all of their claims to the marital
property of the parties and the equitable distribution of the same.
Page 12 of 17
17. WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. The
parties acknowledge that they are aware of the income, education, income potential, and
assets and holdings of the other or have had full and ample opportunity to become familiar
with such items. Both parties acknowledge that they are able to support and maintain
themselves comfortably, without contribution from the other beyond that as provided for in
this Property Settlement Agreement, upon the income and assets owned by each of them.
The parties hereby accept the mutual covenants and terms of this Agreement and the
benefits and properties passed to them hereunder in lieu of any and all further rights to
support or alimony for themself, counsel fees, and alimony pendente lite at this time and
during any and all further or future actions of divorce brought by either of the parties hereto
and the parties do hereby remise, release, quit claim, and relinquish forever any and all right
to support, alimony, alimony pendente lite, counsel fees and expenses beyond those
provided for herein, during the pendency of or as a result of any such actions, as provided by
the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any
time in the future.
18. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in
the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband,
and each of the parties hereto by these presents for himself or herself, his or her heirs,
executors, administrators, or assigns, does remise, release, quit claim, and forever discharge
the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them,
of any and all claims, demands, damages, actions, causes of action or suits of law or in
equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or
suffered to be done by such other party prior to the date hereof; except that this release shall
in no way exonerate or discharge either party hereto from the obligations and promises made
and imposed by reason of this agreement and shall in no way affect any cause of action in
absolute divorce which either party may have against the other.
Page l3 of l7
19. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein
otherwise provided, each party hereto may dispose of his or her property in any way, and
each party hereby expressly waives and relinquishes any and all rights he or she may now
have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital relationship, including, without
limitation, the right to equitable division of marital property, alimony, alimony pendente
lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy,
statutory allowance, widow's allowance, right to take in intestacy, right to take against the
will of the other, and right to act as administrator or executor of the other's estate, and each
will, at the request of the other, execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights, and claims.
20. DISCLOSURE. Both of the parties hereto represent to the other that they
have made full disclosure of the assets and income sources owned, controlled, or enjoyed by
either of them and that neither party hereto has withheld any financial information from the
other. Each of the parties represents that they have reviewed such information, as well as
the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of
their marriage and of any divorce action which has or may be filed between the parties with
an attorney of their choice, or had the opportunity to review such matters with an attorney of
their choice and voluntarily decide not to do so. Further, the parties each acknowledge that
they are aware that they have the right to compel the other party to provide full financial
information about all assets owned by either party and all liabilities owned by either party
and have the right to have a court force such disclosure in a divorce action. Being aware of
those rights, the parties expressly waive the right to further disclosure or discovery regarding
marital assets, liabilities, incomes, and finances and agree that they are satisfied with their
understanding of their legal rights and obligations. Being so aware and satisfied, the parties
mutually accept the terms and provisions of this agreement in full satisfaction of any and all
Page 14 of 17
. .
rights or obligations arising of their marital status or the divorce action now pending or to be
filed between them.
21. CONCLUSION OF DIVORCE. The parties agree that they shall, promptly upon
the request of Husband's attorney, make, execute, acknowledge, and deliver unto said
attorney, consents and waivers pursuant to Section 330l(c) of the Pennsylvania Divorce Code
and any and all other documents reasonably necessary to conclude a divorce action. The
parties agree that they shall take any and all action necessary to conclude a divorce pursuant
to Section 330l(c) promptly after the execution of this agreement.
22. BREACH. In the event that any of the provisions of this agreement are breached
or violated by either of the parties, the other party shall be entitled to enforce this agreement
by an appropriate action in law or in equity or to take any other action to which they are
lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that
such action is commenced by one of the parties and the other party is found to have
breached or violated any of the terms and provisions of this agreement, the party having so
violated or breached the agreement, shall be responsible for and shall promptly pay upon
demand the reasonable attorney's fees incurred by the other party to enforce their rights
hereunder.
23. ADVICE OF COUNSEL. Both parties represent that they have consulted with an
attorney prior to signing this agreement and have either reviewed this written agreement or
the terms and provisions hereof with an attorney of their choice, or have had full and ample
opportunity to do so and chosen not to do so of their own free will. Both parties enter into
this agreement of their own free will and without any coercion or threat from the other and
relying upon no promises or representations except those expressly set forth herein.
24. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The parties
acknowledge that each of them has had ample opportunity to consult with an attorney of
Page 15 of 17
J.
.
"
. "
. ,
their choice and to obtain legal representation with regard to this agreement and to the
claims which they are terminating hereby. Consequently, each of the parties, for themselves,
their heirs, successors, and assigns, does hereby accept the terms and provisions of this
agreement in full satisfaction of any claims, of any nature, they may have, or may ever have
had, against the other party and each of the parties does hereby waive, relinquish, release,
and surrender forever any claim they have against the other party, arising out of their marital
relationship, or any other dealing between the parties prior to the date of this agreement,
provided, however, that this release shall not exonerate either of the parties from the
obligations they expressly make in this agreement, which shall survive the date of this
agreement until such obligations are fully performed.
25. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in
accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
26. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be
declared void or invalid, only such part shall be deemed void and in all other respects this
Agreement shall remain valid and fully enforceable.
27. NON-WAIVER. The waiver of any term, condition, clause, or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term, condition,
clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
, M"j ~ 0lJ/
Witness
~~
w ss .
~'
/? J2~,
TODD A. BOKELMAN
{f:fl/Wf ~ &h---
MARG T F. BOKEL
Page 16 of 17
. .
"
. .
. '.
COMMONWEALTH OF PENNSYLVANIA )
1) / . - ~ ( SS.:
COUNTY OF eU1"lBERLi\ND ' fLV.{'J/t-V"-' )
On this, the 3 /s~ day of /JlllJ.llff. ,2006, before me, the
undersigned officer, personally appra:;;~TODD A. BOKELMAN. known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that said person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
.a~
My Com ssion Expires:
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the 1.7#- day of 5~~ , 2006, before me, the undersigned
officer, personally appeared MARGARET F. BOKELMAN known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that said person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/~~
My Commission xpires:
Page 17 of 17
., <s~;. ,~:::.:~;';;':~:":'
V-'-*"
. "'~';/
(") ....., 0
c;;;:::>
c: c::;l -n
~.: CJ~
-r i \,i C) :?
1',' C) m :.D
-I
('.) -a 1'r1
~_ rJ CJ
U1 (
, (ee)
-0 ...., .,
Q ~~:,CJ
-..,." .::-)
-
~._- rn
N C)
",.1
" "To,.;
:2 C.) "'0
t"-- =-<.
-
*,
,
TODD A. BOKELMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-4996 Civil Term
MARGARET F. BOKELMAN,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: September 29. 2005. via Certified Mail
- Restricted Deliverv. sie:ned for bv Defendant.
3.
(a)
Date of execution of the affidavit of consent required by ~ 3301(c) of the
Divorce Code: by Plaintiff on Aue:ust 31. 2006 ; by Defendant on
September 27. 2006
(b)(1) Date of execution of the Affidavit required by S 330 1 (d) of the Divorce
Code:
(2) Date of filing and service of Plaintiffs Affidavit upon the Defendant:
4. Related claims pending:
5.
(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 Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the
prothonotary: September 29. 2006 .
Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
prothonotary: Oelober 18.2006 ~ ~
~4
Attorney f#plai ff
t--.)
=
=
0-.
c::>
n
--I
N
(J1
o
-'1'1
~
nl :J]
::CJh1
(l~~
::7~ C~
,.""11'1
-..)
s;!
:-n
-<
-0
~"-
.....
N
..
G.~
-,...
-
~ ~
~ ~
~ IN THE COURT OF COMMON PLEAS !
~ ~
~.~
~
~.S
~
~
~.tI
~.~
~
~
;'.s
~
~
tt.~
OF
CUMBERLAND
COUNTY
STATE OF
PENNA.
MICHAEL J. McCARRON
.__''uu..____..."' II
d
II
il
I
I
N o. ..,.,..?~,~~::-.~?:21......,..,.......WC
~
~.~
~.~
~\
~.~
~
~
~~~
~
~A
~
~.~
~
~.~
;..~
~
:".,;
~.~
~
~e~
~
~'."
~.*
~.~
~
~.~
~
~.;
~
~
~
tt.~
Plaintiff
Versus
CATHY R. McCARRON
Defendant
DECREE IN
DIVORCE
AND NOW, ... O.~~Q'nt.f.... .:>.\......., ij 2DD6.., it is ordered and
decreed that ............. .~~ .J:.. .11~Qr"f . . . . . . . . . . . . . . . " plaintiff,
and. .. .. .. .. . .. . .. . . .. . ~~. ~~ . ~~?~.. .. .. .. . . .. .. . .. . ", defendant,
are divorced from the bonds of matrimony.
~
;..~
~
~
~~
~.~
~
t~
~
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
.... .~.~~~~.?~~~~~~.~~~~. ~~~~.~Y. ~~.~~~~. ~~. ~~~!p?~?~~
herein but shall not merge.
. . .. . . . ~'i' $.... ..... " .. ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~.~
~
~.~
~
~~,
~
a
".,;
B y T \\:.. C 0 U r t :
,....",..... .~1\\ =[,..,...,.
AI'..., )!~...
~.~
~
i
~."#
~
~
~ ..
g "."
Bi,. ~ _, '" -<
a~--'~
;.-:( ':~..:." '::.>>::.< ",.:,:.. ':'.>>:." )i.:...,'~~::.:~:,.::.>>:.".:'~::.:.~:, .::~::c:.< '::.::.}::: "'~:.:.:.. '::~>>:~.,' ".:+>.. >:.:~..'..:+:.;'-::+:...'-::+:..' ~::+;." . .:+:.
d
Prothonotary
i
!
~
~.~
~.;
~
~.~
~
~.~
~
~
~.~
~
~
~.S
~
I
~
tt.~
~~
i
~
~.~
~
a
~.~
~
~.~
~,.;~
~
~.s
~
~
~
;.~
~
;.S
~
;.~
~
~
~.~
~
~.~
~
-..~
~
~."
~
'.'
~
...~
J.
~
'.'
~
'.'
~
'.'
'-~~----------)~
::-:-+:< ::.::.:.:': ::.::+:... ...:::+:.:' ::,.::+;..,' :>-:.:-. . '.::.:." :' -::+:-.::'.:+;-..' :':.::+::.'
,',
~
~..; ffz ~ ~
~#p7-~4W'p?J
.. . . '
. klo
... .t ,.
.
~?(l' -e - II
djo,e -II