HomeMy WebLinkAbout02-0931
Joseph G. Callaway,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~-9jl (?t()~t/~
CIVIL ACTION - LAW
IN DIVORCE
Christina L. Callaway
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims
set forth in the following papers, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in
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
(717) 249-3166
James . Miller, Esquire
ey for Plaintiff
Joseph G. Callaway,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0;( - cr.~ f
Christina L. Callaway
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Joseph G. Callaway, who currently resides at 1010
South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Cole N. Regal whose last known address was 765
Midway Road, York Haven, York County, Pennsylvania, 17370.
3. Plaintiff has been a bona fide resident in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4, Plaintiff and Defendant were married on April 27, 1996 In
Cumberland County, Pennsylvania.
5. There have been prior actions for divorce or annulment between
the parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the
United States of America.
8. The Plaintiff has been advised of the availability of counseling and
that the Plaintiff may have the right to request that the Court require the parties
to participate in counseling.
COUNT 1
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
10, The marriage of the parties is irretrievably broken.
COUNT /I
COMPLAINT UNDER SECTION 3301(a)OF THE DIVORCE CODE
11. Plaintiff hereby incorporates by reference all of the averments
contained in this Complaint.
12. Plaintiff avers that he is the innocent and injured spouse and that
the Defendant has offered such indignities to the Plaintiff so as to render his
condition intolerable and life burdensome.
13. This action is not collusive.
COUNT III
EQUITABLE DISTRIBUTION OF PROPERTY
14. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
15, The parties have acquired certain property and assets which
constitute marital property.
16. This Honorable Court is authorized to equitably divide, distribute or
assign marital property between the parties in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree:
1. dissolving the marriage between Plaintiff and Defendant;
2. equitably distributing all marital property pursuant to section 3502
of the Divorce Code.
Respectfully Submitted,
James A. iller, Esquire
Attorne for Plaintiff
20 arket Street
Camp Hill, Pennsylvania 17011
(717) 737-6400
H 105.157 REV.B-80
COMMOr-..'WEAL TH OF PEr-..'NSYLVANIA
DEPARTMENT OF HEAL TH
VITAL RECORDS
RECORD OF
STATE FILE NUMBEA
COUNTY J
CV-h<<..!/...
DIVORCE
OR
ANNULMENT
STATE FILE DATE
(CHECK ONE)
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1.
NAME -.1'll ~(fh. IF",,) z:::
RESIDENCE Street or R 0 Clry. Bora. or Twp.
I C>(D . s. !VI <if W )(-. flA.'e c,h.
HUSBAND
C~ T; ~VV-
C:W
BIRTH
1. USUAL OCCUPATION
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5,
NUMBEA
OF THiS
MARRIAGE
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BLACK
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OTHER ISpeci1y)
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2. OAT E
OF
B lATH
4. PLACE
OF
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2,
12,
NUMBEA
OF THIS
MARRIAGE
PLACE OF
OF THIS
MARRIAGE
NUMBER OF CHIL.
DREN THIS
MARAIAGE
NUMBER OF HUSBAND
CHILDAENTO D
CUSTODY OF
DATE OF DECREE
WIFE
8
(First)
CW.'S nl1.(.,
17A.
17B.
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NUMBER OF DEFENDENT CHIL
DREN UNDER 18
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9, DATE (Month) fOay) (Year)
OF
BIRTH
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(Month) (Day) (YNr)
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WIFE
10,
15,
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20,
WIFE
SPLIT CUSTODY
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22,
(Month)
{Oay}
(YNr)
2J. DATE REPORT SENT
TO VITAL RECORDS
24. SIGNATuRE OF
TRANSCRIBING CLERK
Husband's social security number:
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Wife's social security number:
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VERIFICATION
I verify that the statements made in the attached divorce 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.
Date: I-IR-O~
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se h G. Callaway /' '
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Joseph G, Callaway
Plaintiff
c~
Court of Common Pleas
County, Pennsylvania
v
No: 6'd- -'1 J /
Christina L. Callaway
Defendant
Civil Action -
I n Divorce
Law
INCOME & EXPENSE STATEMENT OF Joseph Callaway
INCOME
2001 Gross per W-2 $34,985.41
fed tax ($2,962.57)
soc sec ($2,215.48)
State tax ($1,000.53)
local tax ($374.02)
$28,432.81
divided by 52 weeks NET $546,78
mandatory reductions:
health insurance ($33,69)
retirement minimum ($14,88)
sunshine club ($0,50)
work tools ($20,36)
Net weekly pay $477.36
converted to net monthly amount $2,068.56
EXPENSES:
MONTHLY
ANNUAL
J::!QME
Mortgage with Way point Bank
escrow - tax/insurance
2nd Mortgage - Waypoint Bank
($715.40)
($363,00)
UTILITIES'
electric
phone
oil
sewer
TAXES: in mortgage
maintenance
trash
($54.00)
($48.00)
($84.00)
($39.67)
($50.00)
($12.74)
TAXES
personal
($16,67)
INSURANCE'
Automobile
($52,00)
1
EXPENSES
AUTOMOBILE'
gasoline
maintenance
($50,00)
($20,00)
MEDICAL'
Doctor
Dentist
($10,00)
($4,00)
PERSONAL'
Food
barber
clothing
lunch
($200,00)
($6.00)
($10,00)
($100,00)
LOANS:
mortgage - see above
credit cards/loans:
MISCELLANEOUS'
TOTAL MONTHLY EXPENSES
($200.00)
($40.00)
($25,00)
($75.00)
($2,175.48)
legal fees
gifts
vacation
entertainment
I verify that the statements made in this Statement are true and correct,
I understand that false statements herein are subject to the criminal penalties of
18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities,
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J e G. Callaway
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Joseph G. Callaway,
Plaintiff
I~urt of Common Pleas
, C County, pennsylvania
No.: ..oJ.." q '3!
v.
Civil Action. Law
In Divorce
Christina L. Callaway,
Defendant
Plaintiff files the following inventory and appraisement of all property
owned or possessed by either party at the time this action was commenced and
all property transferred within the preceding three (3) years.
INVENTORY AND APPRAISEMENT
~
Plaintiff verifies that the statements made in this inventory and
appraisement are true and correct. Plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to
unsworn falsification to authorities,
~'~ ~DO-
seph G, Callaway
ASSETS OF PARTlES
Plaintiff 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.
(x) 2,
(x) 3,
0 4,
(x) 5,
0 6.
0 7,
0 8,
0 9,
0 10,
(x) 11,
0 12,
0 13,
(x) 14,
0 15,
0 16,
0 17,
0 18,
(x) 19,
0 20,
0 21,
0 22.
0 23.
(x) 24,
(x) 25,
0 26.
Real property
Motor vehicles
Stocks, bonds, securities and option
Certificates of Deposit
Checking accounts, cash
Savings accounts, money market
Contents of safe deposit boxes
Trusts
life insurance policies (indicate face value, cash surrender
value and current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage of
ownership, and officer/director positions held by a party with
a company)
Employment termination benefits - severance pay,
workman's compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirement plans, Individual Retirement Accounts
Disability payments
litigation claims (matured and unmatured)
MilitaryN,A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total
category and attach itemized list if distribution of such
assets is in dispute)
Other
Plaintiff lists all marital property in which either or both spouses have a
legal or equitable interest individually or with any other person as of the date this
action was commenced:
ITEM
NUMBER
DESCRIPTION
PFPROPERT'l.
NAME OF
ALL nWNERS.
2,
2001 Dodge Ram Truck
Wife
joint
11,
1986 Honda
(gift from Husband's parents)
14 & 25,
Household furnishings
(see attached Exhibit A)
joint
Plaintiff lists all property in which a spouse has a legal or equitable
interest which is claimed to be excluded from marital property:
NQtCMARIT ALP ROPER.TY
ITEM
NUMBER
DESCRIPTION
pF PROPERTY
NAME OF
ALL nWNERS
1,
765 Midway Road, York Haven, PA
Husband
2,
1992 Cheverolet Lumina
Husband
3,
230 shares of Waypoint stock
Husband
5,
Waypoint Bank checking
acct no: 0100192913
Husband
19,
NADART Retirement Plan
Husband
19,
Graybar Retirment Plan
Wife
14 & 25,
Household Furnishings
(see attached Exhibit A)
joint
Plaintiff lists all property in which either or both spouses had a legal or
","ilabl. i_ in,"'id"aIlY '" with 8IT'/ oth" p""n and .m"" "," b"'"
transferred within the preceding three years:
ITEM
NUMBER
DESCRIPTION
OFPROPERT'l.
DATE OF
TRANSFER
TO WHOM
CONSIDERATION
JRANSFERRED
2,
2001 pontiac
Grand Prix
joint
October 2001
traded in on Dodge Ram
wife bought
5,
Harris checking
joint
7/01
closed
LlABIUTIES
Plaintiff lists all liabilities of either or both spouses alone or with any
person as of the date this action was commenced,
ITEM
NUMBER
DEBTORS
DESCRIPTION
OF L1ABILlT'l.
NAMES OF ALL
CREDITORS
24,
Credit Card
Acct #5490_9933-4911-3714
($14,799,92) jointly owned
wife's debt
MBNA America
1000 Samoset Drive
Wilimington, DE
24,
Credit Card
Acct #4417 _1215-3638-5621
($2678) jointly owned
wife's debt
First USA Bank Visa
Waypoint Bank
24,
Mortgage
Husband's name
Waypoint Bank
2nd mortgage
HELOC - joint
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Itemized House Contents Desired By Joe Callaway
10/02/01
Master Bedr!l!!m
1. Small bookshelf
2. Clock radio on table
3. Joe's dresser & contents
4. Joe's armoire & contents
5. Jewelry box on Joe's dresser & contents
6. Joe's clothing (all) in closet
7. Joe's hats (all) in closet
8. Boxes ofreceipls etc. in closet
9. Duffel bag under bed
10. Some photographs from box under bed
Kyle's Bedro!!!!!
1. Blue desk & attaChed bookshelf
2. contents of desk drawers
3. Some children's books from shelves (30)
4. BinOCulars
5. Dresser w/mirror & chest of drawers
6. LamP on dresser
7. Some of Kyle's clothes
8. Blue oil lamp
Nicole's Bedroom
1. Filing Cabinet & some of contents
2. Stereo stand
3. Small end table
4. Some of Nicole's clothes
5. Compaq computer & printer
Bath!:oom
I. Joe's personal products
2. Joe's razor
Dinitll! Room
I. Hutch
2. Dining room table
3. Dining room chairs
4. 2 Beer steins on hutch
Kitchen
I. Refrigerator
2. Coffee Maker
3. Microwave
Liyinl! Room
I. Drum table
2. End table
3. chair, sofa. 10veseat
4. Large video case
5. StereO
6. Videotapes (15-20)
7. CD's (approx. 20)
8. Cassette tapes (approx. 120)
~
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Porch
1. Hanging porch swing
Laundrv Room (basement)
1. Long folding table
Room wloil tank (basement)
1. paint & other home repair supplies on shelves
2. Coolers (2)
3. Joe's clothing on rack
4. Joe's boots on shelf
Closet (basement)
1. Joe's clothes
2. Bowling ball
3. Wall pictures
4, Games (some)
S. Books (most)
I,anre Room (basement)
1. Wickerrocker
2. Small table next to rocker
3. WaU hangings
4. Coat rack
S. Dog Kennel
6. Picnic table & benches
7. 2 octagonal end tables
AtlB&hed GllrllR!l
1. Lawn sweeper & attachments
2. Leafblower & attaChments
3. Weedwhacker
4. Wheel Barrow
S. Sleds (2)
6. Weed sprayer
7. AU contents on shelves (car care prodUcts, drop cloths, etc.)
8. AU items on peg board (hedge trimmer, smaU gardening tools, etc.)
9. Snow shovel wired handle
10. Shovels, pick, hoe, broom, rakes
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V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
tJ2.-- 9j/
NO.
Joseph G, Callaway,
Plaintiff
Christina L. Callaway
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, James A. Miller, Esquire, hereby certify that I have served the
Defendant, Christina L. Callaway, with a copy of the divorce complaint on
Monday, February 25, 2002 by personally handing said complaint to her in
Cumberland County Domestic Relations Office, Carlisle, Pennsylvania on or
about 2: 15 p,m,
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.A. Section 4904, relating to unsworn falsification to authorities,
James A. iller, Esquire
Attorn for Plaintiff
2 Market Street
amp Hill, Pennsylvania 17011
(717) 737-6400
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, ()J.. -9.?/
Joseph G, Callaway,
Plaintiff
Christina L Callaway
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on Monday, February 25,2002 and service was obtained upon the
defendant by personally handing such to her in Carlisle, Pennsylvania.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint and service
upon Defendant of the same.
3, I consent to the entry of a Final Decree in Divorce after service of notice
of intention to request entry of the decree.
4, I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I
participate in counseling. I further understand that the Court maintains a list of
marriage counselors in the Prothonotary's Office, which list is available to me
upon request. Being so advised, I do not request that the Court require that my
spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
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.A. Section 4904, relating to unsworn falsification to authorities.
Date:
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seph G. Callaway U
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Joseph G, Callaway,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V,
NO,
OJ,.-f3(
Christina L. Callaway
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is
filed with the prothonotary.
I verify that the statements made herein in this affidavit are true and
correct. I understand that false statements are made subject to the penalties of
18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities.
Date: ~ 11 'L-it1 '-
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JOSEPH G. CALLAWAY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 02 - 931 CIVIL
CHRISTINA L. CALLAWAY,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on February 25, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree in Divorce after service of notice
of intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHORTIES.
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JOSEPH G. CALLAWAY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 02 - 931 CIVIL
CHRISTINA L. CALLAWAY,
Defendant
IN DIVORCE
WAIVER OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 330lfC' OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3, I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the decree will be sent to me immediately after
it is filed with the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHORTIES.
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JOSEPH G. CALLAWAY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO. 02 - 931 CIVIL
CHRISTINA L. CALLAWAY,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
/IPU day of~~2/:~b/AJ'
2002, the economic claims raised in the proceedings having
been resolved in accordance with a marital settlement
agreement dated September 4, 2002, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
.J.
cc: ~ames A. Miller
Attorney for Plaintiff . ~~
/Matthew J. Eshelman 7 ~~~'?
Attorney for Defendant ('v '\ ~ ~'"
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Joseph G. Callaway,
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 02-931
Christina L. Callaway,
Defendant
Civil Action - Law
In Divorce
MARITAL SEITLEMENT AGREEMENT
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Callaway MSA
TABLE OF CONfENTS
SECTION PAGE
1. SEPARATION AND NON INTERFERENCE: .............................................................................3
2. RECONCILIATION:..................................................................................................................4
3. ENFORCEMENT: .....................................................................................................................4
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND
EXPENSES: ..........................................................................................................................................5
5, EQUITABLE DISTRIBUTION: ....................................................................................................6
A. PREFACE: ..............................................................................................................................6
B. DISTRIBUTION OF ASSETS: ................................................................................................6
I. WIFE'S ASSETS:....................................................................................................................6
2. HUSBAND'S ASSETS: ...........................................................................................................6
3. ASSET DIVISION:............... ......... .......................................................................................... 7
A. REAL ESTATE - 765 Midway Road. York Haven: ..........................................................7
B. DISTRIBUTION AND WAIVER OF PERSONAL I) MARITAL, T ANGffiLE AND
INTANGffiLE, ASSETS AND 2) NON-MARITAL, TANGffiLE AND INTANGffiLE, ASSETS:
8
C. INTENT:..........................................................................................................................9
6. AFTER ACQUIRED PROPERTY:.............................................................................................9
7 . DEBTS: ......................... ...................... ...... ................... ............. ...................................................10
A. Wife's Debts:............. ....................... ..................... ............... ................................... ............. ..1 0
B. Husband's Debts: .... .... ........ ........... ............ .......... ............... .............................................. ......1 0
C. Debts in joint names: .............................................................................................................10
D. Indemnification: ................................................................................................................... .12
8. FULL DISCLOSURE: .........'....................................................................................................12
9, RELEASES:........................,.....................................................................................................13
10. BREACH: .................................................................................................................................14
11, REPRESENTATION: ..............................................................................................................14
12. VOLUNTARY EXECUTION: ..................................................................................................15
13. ENTIRE AGREEMENT: .........................................................................................................15
14, PRIOR AGREEMENT: ....................................:.......................................................................15
15. MODIFICATION AND WAIVER: ..........................................................................................15
16. GOVERNING LAW: ................................................................................................................ 15
17. INDEPENDENT SEPARATE COVENANTS: ........................................................................15
18. VOID CLAUSES: .....................................................................................................................16
19, DISTRIBUTION DATE: ..........................................................................................................16
20, DATE OF EXECUTION: .........................................................................................................16
EXHIBIT A - ASSETSIDEBTS ............................................................................................................17
Page 2 of 18
Callaway MSA
MARITAL SEITLEMENr AGREEMENr
THIS AGREEMENT, made this day of
, 2002, by and between Joseph G~ Callaway,
hereinafter called "Husband", and Christina 1. Callaway, hereinafter called
"Wife".
WHEREAS, Husband and Wife were lawfully married on April 27, 1996;
WHEREAS, two children were born of the marriage, specifically Kyle J.
Callaway, DOB 9/21/98 and Nicole E. Callaway, DOB 8/10/00 and,
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the parties hereto
desire to settle 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 and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates.
NOW THEREFORE, in consideration of the premises and of the 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, Wife and Husband each, intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose or
deem fit. The foregoing provision shall not be taken as an admission on the part
of either party of the lawfulness or unlawfulness of the causes leading to their
Page 3 of 19
Callaway MSA
living apart.
Each party shall be free from interference, authority and control by the
other, as fully as if he or she were single and unmarried, except as may be
necessaIy to cany out the provisions of this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, or in any way harass or malign
the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other. Neither party shall say or do anything to negatively
influence or alienate the minor children trom the other parent.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished, '
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relations between them. They shall not be deemed to have
reconciled with the intention of vitiating or terminating this Agreement unless
they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that Husband filed with the Cumberland County
Court of Common Pleas, Pennsylvania, to docket number 02-931, Civil Term, a
no-fault divorce action pursuant to Title 23, section 3301(C) of the Pennsylvania
Divorce Code and amendments thereto.
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code and shall be submitted to the court at the time of
filing the praecipe to transmit the record to conclude the divorce.
The parties agree to execute their respective Affidavit of Consent and
Page 4 of 19
Callaway MSA
Waiver of Notice and proceed with entering same to the court docket for the
purpose of finalizing the divorce action simultaneously with the execution of this
agreement or as soon as practicable thereafter.
Each party shall further execute all documents which may require his or
her signature for the purpose of effectuating all of the terms and conditions of
this Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained
by either of the parties in this or any other state, countIy or jurisdiction, each of
the parties hereby consents and agrees that this Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or further modification or
revision thereof shall alter, amend or vary any term of this Agreement. It is
specifically agreed, however, that a copy of this Agreement or the substance of
the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree. This incorporation, however, shall not be regarded as a
merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
(APL), COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised or
have the right to obtain advice in regard to the fact that each may have the right
to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or
expenses. Further, Husband and Wife acknowledge that they understand that
said rights are available in their divorce action. Husband and Wife further
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.
Husband and Wife 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 themselves, counsel fees, and
Page 5 of 19
Callaway MSA
alimony pendente lite at this time and during any and all further or future
actions of divorce brought by either of the parties hereto.
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.
5. EQUITABLE DISTRIBUTION:
A. PREFACE:
The parties have valued to the best of their ability their entire marital and
non-marital estates. The parties have made use of either the information
provided between themselves and/or statement values associated with such
assets and/or have attributed fair market values and/or other agreed upon values
to such assets and for purposes of negotiation and settlement, and hereby
stipulate to such valuations. The parties desire to effectuate the division of all
assets as set forth herein in attached Exhibit A and incorporate said Exhibit as if
fully set forth.
B, DISTRIBUTION OF ASSETS:
1. WIFE'S ASSETS:
Husband does hereby grant, convey, transfer, assign, and deliver and set-
over unto Wife the assets SO identified within this agreement; said assets shall be
and remain the sole and separate property of Wife hereafter, free of any claim by
or interest of Husband, regardless of whether such assets were deemed by either
of the parties to be marital property or non-marital property. And further,
Husband does hereby waive, release, relinquish, and surrender forever any and
all claim to or interest in said assets, which shall be and remain the sole and
separate property of Wife hereafter.
2. HUSBAND'S ASSETS:
Wife does hereby grant, convey, transfer, assign, and deliver and set-over
unto Husband the assets so identified within this agreement; said assets shall be
Page 6 of 19
Callaway MSA
and remain the sole and separate property of Husband hereafter, free of any
claim by or interest of Wife, regardless of whether such assets were deemed by
either of the parties to be marital property or non-marital property. And further,
Wife does hereby waive, release, relinquish, and surrender forever any and all
claim to or interest in said assets, which shall be and remain the sole and
separate property of Husband hereafter.
3, ASSET DIVISION:
The parties hereby agree that the following assets shall be divided in
accordance with the terms as provided herein and as set forth in Exhibit A
attached hereto. Husband and Wife agree to execute any and all documents
required to effectuate the intent herein:
A. REAL ESTATE - 765 Midway Road, York Haven:
1. Husband owns the real property known as 765 Midway Road, York
Haven, Pennsylvania ("property"). The parties acknowledge that Wife has a
marital interest in said property and agree that such interest amounts to 5096 of
the equity. The property is presently under contract for purchase in the amount
of $123,000 and scheduled to close on or before April 30, 2002.
2. From the sale price, all costs associated with the property and
incurred by the parties' including but not limited to mortgage payoffs, taxes,
utilities, etc., shall be first deducted from the gross proceeds and the net proceeds
thereafter shall be divided equally between the parties. WIfe's share of the net
proceeds shall be first applied to her debts as defined hereinbelow in section 7(c),
Any excess funds available to her from her share of the net proceeds after said
debts of Wife are paid in full shall be Wife's sole and separate property.
3. Wife agrees that her share of the net proceeds shall be made payable
to counsel for Husband in order for the debts identified hereinbelow in section
7(c) to paid immediately after settlement on the property. Counsel for Husband
shall provide to counsel for Wife a complete, detailed accounting of the net
proceeds within five (5) days from the date upon which counsel for Husband
receives the net proceeds check. Counsel for Husband shall also issue to counsel
for Wife any excess funds after payment of the foregoing identified debts.
Page 7 of 19
Callaway MSA
4. At the time of settlement, the parties shall execute separate 1099's
reflecting their respective portions of their net proceeds.
B. DISTRIBUTION AND WAIVER OF PERSONAL 1)
MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2)
NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS:
1. Husband and Wife do hereby acknowledge that they have divided to
their mutual satisfaction all non-marital and marital assets including, but
without limitation, business interests, corporate interests, partnership(s), joint
ventures, inheritance(s), jewelry, clothing, retirement accounts, 4oIk's, pensions,
brokerage accounts, stocks, bonds, life insurance policies or other securities,
Individual Retirement Accounts, checking and savings accounts, mutual funds,
and other assets whether real, personal or mixed, tangible or intangible.
2. Husband and Wife further acknowledge and agree that the assets in
the possession of the other spouse unless otherwise so divided by way of this
agreement shall remain that spouses sole and separate property, each party
hereto specifically waiving, releasing, renouncing and forever abandoning
whatever claim, if any, he or she may have with respect to any of the foregoing
items which are the sole and separate property of the other.
3. Household Furnishings: Wife and Husband shall each retain all
household furnishings in their respective possession. Neither party shall assert a
right or make a claim against the other for such property at anytime now or in the
future.
4. Vehicles: Husband and Wife agree that the vehicles in their
respective physical possession'shall remain the possession of the party and each
shall cooperate if necessary in executing any and all documents to reflect such
ownership, including but not limited to titles, insurance documentation and
registration forms. Husband and Wife do hereby waive, release, and relinquish
any and all claim to or interest in the motor vehicle in the possession of the other.
If the title to any vehicle is encumbered by any debt or obligation, Husband and
Wife agree that they shall each be solely responsible for and shall pay and satisfy
said obligation, in accordance with its terms and provisions, and shall indemnify
Page 8 of 19
Callaway MSA
and save the other harmless from any loss, cost, or expense caused to either by
their failure to make payment of such debt.
C. INfENT:
This Agreement is intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property. In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
property following the execution of this Agreement shall be deemed the owner
thereof and each of the parties will execute any and all legal documents without
any charge therefore to evidence title to such property in the other party.
ADDmONAL DOCUMENTS: Each of the parties shall on demand
execute and deliver to the other any deeds, documents, records or closing
statements relating to the sale of real estate under this Agreement, bills of sale,
assignment, consents to change of beneficiaIY on insurance policies, tax returns
and other documents and do or caused to be done any other act or thing that may
be necessary or desirable to the provisions and purposes of this Agreement.
TAXES: Husband hereby agrees to pay all income taxes assessed against
him, if any, as a result of the division of the property of the parties hereunder.
Wife hereby agrees to pay all income taxes "assessed against her, if any, as a result
of the division of the property of the parties hereunder.
6. AFfER 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 hereafter acquired by him or her, 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,
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if untitled, are presently in the sole possession of one of the parties hereto, the
Page 9 of 19
Callaway MSA
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and acknowledges
that the party having title or possession of such items shall be the sole and
exclusive owner thereof.
7. DEBTS:
A. Wife's Debts:
Wife represents and warrants to Husband that Since the parties'
separation 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 Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
B. Husband's Debts:
Husband represents and warrants to Wife that Since the parties'
separation 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 Wife from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
c. Debts in joint names:
1. MBNA #5490 9933 4911 3714: Wife shall be solely responsible
for this debt. The parties acknowledge that the approximate
balance is $16,000 at the time of execution hereof.
2. First USA VISA #4417 1215 3638 5621: Wife shall be solely
responsible for this debt. The parties acknowledge that the
approximate balance is $2,700 at the time of execution hereof.
3. Wife acknowledges that her share of the net proceeds from the sale
of 765 Midway Road as defined in hereinabove in section 5(b)3(a)
shall be first applied to the foregoing First USA VISA credit card
and the balance applied to the MBNA credit card.
Page 10 of 19
Callaway MSA
4. The mortgages on 765 Midway Road shall be paid in full at the time
of settlement as defined hereinabove in section 5(b)3(a).
5. Any amounts which may be due and owing for those debts defined
above in number 1 (MBNA) and 2 (pt USA) after payment of the
same as defined in this agreement shall be Wife's sole and separate
responsibility. The parties understand and agree that the amounts
identified hereinabove in mimbers 1 and 2 are only approximations
and Wife does hereby agree that she shall be responsible for the
entire amounts due regardless of the amounts stated herein,
Further, Wife covenants and agrees that if any claim, action or
proceeding is hereinafter initiated seeking to hold Husband liable
for said debts, obligations, liability, act or omission of such Wife,
such Wife shall at her sole expense, defend Husband against any
such claim or demand, whether or not well-founded, and that she
will indemnify and hold harmless Husband in respect of all
damages as resulting therefrom including reasonable attorneys fees
incurred to enforce this inde~fication. Damages as used herein
shall include any claim, action, demand, loss, cost, expense,
penalty, and other damage, including without limitation, counsel
fees and other costs and expenses reasonably incurred in
investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to
Husband from any inaccurate representation made by Wife to
Husband in this Agreement, any breach of any of the warranties
made by Wife in this Agreement, or breach or default in
performance by Wife of any of the obligations to be performed by
such party hereunder. Wife agrees to give Husband prompt written
Page lJ of 19
Callaway MSA
notice of any litigation threatened or instituted against her which
might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
D. Indemnification:
All further debts incurred by the parties shall be their individual
responsibility. Each party represents and. warrants to the other that he or she has
not incurred any debt, obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable, Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking
to hold the other party liable for any other debts, obligations, liability, act or
omission of such party, such party will at his or her sole expense, defend the
other against any such claim or demand, whether or not well-founded, and that
he or she will indemnify and hold harmless the other party in respect of all
damages as resulting therefrom including reasonable attorneys fees incurred to
enforce this indemnification. Damages as used herein shall include any claim,
action, demand, loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or attempting. to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8. FULL DISCLOSURE:
The parties acknowledge that each of them have had a full and ample
Page 12 of 19
Callaway MSA
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 as part 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 this court or any other
tribunal equitably distribute or divide their marital property.
The parties acknowledge that they have been fully advised and informed of
the wealth, real and/or personal property, estate and assets, earnings and income
of the other and are familiar with and cognizant of such and the value thereof, or
has knowingly waived such advice and/or information. The parties hereto have
been fully advised and informed of all rights and interests which, except for the
execution and delivery hereof, have been conferred upon or vested in each of
them by law with respect to the property or estate of the other by reason of their
marital status, or has knowingly refused or waived such advice or information.
9. RELEASES:
Except as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain
from property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the other's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America.
n is further specifically understood and agreed by and between the parties
Page 13 of 19
Callaway MSA
hereto, that each party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said parties' rights against the other
for any past, present and future claims on account of support, maintenance,
alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of each party, including all
claims raised by them in the divorce action pending between the parties.
10. BREACH:
If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach.
The party breaching this contract shall be responsible for the payment of legal
fees and costs incurred by the other in enforcing his or her rights under this
Agreement, or seeking such other remedy or relief as may be available to him or
her.
11. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their legal effect in
advance of the date set forth above to permit such independent review. In the
event either party elects to execute this agr.eement without the advice of counsel,
he/she shall nevertheless be bound hereby and he/she specifically and knowingly
waives his/her right, if any, to utilize his/her lack of legal representation as a
basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each
fully understands the facts and has been fully informed as to his or her legal
rights and legal obligations, and each party acknowledges and accepts that this
Agreement is, and the circumstances, fair and' equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
such advice and with such knowledge, and that execution of this Agreement is
not the result of any duress or undue influence, and that it is not the result of any
Page 14 of 19
Callaway MSA
< 0,
improper or illegal agreement or agreements.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair and equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements executed between the parties, and/or mayor have been executed
prior to the date and time of this Agreement, are null and void and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
Page 15 of 19
. ,
Callaway MSA
improper or illegal agreement or agreements.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair and equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements executed between the parties, and/or mayor have been executed
prior to the date and time of this Agreement, are null and void and of no effect.
15. MODIFICATION AND WAIVER::
Any modification or waiver of any provision of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
Page 15 of 18
Callaway MSA
. ,
that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
18. VOID ClAUSES:
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.
19. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution
of property as provided for in this agreement, the date of execution of this
agreement shall be known as the Distribution Date.
20. DATE OF EXECUTION:
The parties hereto acknowledge and agree that the date of execution
referred to herein shall be known as the last date upon which either party
executes this agreement.
IN WITNESS WHEREOF, the p'arties hereto, intending to be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written.
WITNESS:
Date: /u-I<..o/
~iNl:JCrtilit t0242-
Christina(VCallaway 0-
Date: ~ -'-1-0 ~ '
Page 16 of 18
Callaway MSA
EXHIBIT A - ASSETS/DEBTS
Asset Wife Husband
2001 Dodge Ram Truck x
1986 Honda x
1992 Chev Lumina x
765 Midway Road, Yrk Hvn PA x x
Graybar retirment plan(s) x
NADART retirement x
Waypoint stock x
Debts
MBNA 5490993349113714
1st USA Visa 4417121536385621
x
x
Waypoint mortgage
WaYPoint 2nd
x
x
x
x
Page 17 of 18
. ,
JOSEPH G. CALLAWAY,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 02 - 931 CIVIL
CHRISTINA L, CALLAWAY,
Defendant
IN DIVORCE
ADDENDUM :11: I
The parties hereby further agree by this addendum to clarify the
September 4, 2002, marital settlement agreement:
1. Section 5(B)(3)(a)(l) shall be amended to modify the net proceeds
balance; now identified as $12,901.55. Wife's share of said amount shall be
$7,200.00. Husband's share of said amount shall be $5,701.55. Wife's share
shall be applied by the escrow account holder to the MBNA credit card balance.
Husband's share shall be distributed as follows:
$2,701.55 payable to husband; and $3,000.00 to be first applied to the
Visa credit card balance, and the remaining portion to be applied to the balance
of the MBNA credit card.
2. Section 5(B)(3)(a)(5) wife shall assume the MBNA credit card balance
after application of the foregoing payments'. Wife shall further make a good
faith effort in having husband released from said MBNA account and husband
shall cooperate in wife's efforts, And, wife's assumption of the MBNA shall be
consistent with Section 7(C) of the marital settlement agreement.
I acknowledge that I have read the above stipulation and
agreement, that I understand the terms of settlement as set forth herein, and
that by signing below I ratify and affirm the agreement previously made and
intend to bind myself to the settlement as a contract obligating myself to the
terms of settlement and subjecting myself to the methods and procedures of
. ,
enforcement which may be imposed by law and in particular Section 3105 of
the Domestic Relations Code.
WITNESS:
DATE:
ft/uk
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Tuesday, April 23, 2002 I
FAX: 763-4247
Law Offices of Patrick F. Lauer, Jr.
Matthew J. Eshelman, Esquire
2108 Market Street
Aztec Building
Camp Hill, Pennsylvania 17011
Re: Callaway
Dear Mat:
I've prepared our Motion for the Master. I'm going to file unless I hear back
from you by the end ofthe month that your client agrees to the terms of the agreement
which will also include the following language in Section 7(d) - indemnification. Please
let me hear back from you either way by the end of the month.
Bankruptcv: OBLIGATIONS NOT DISCHARGEABLE IN
BANKRUPTCY
The parties represent that to the best of their knowledge there are no bankruptcy
proceedings pending involving either of the parties. The debt payments provided for in
this paragraph are not, and are not intended to be, a debt which is affected by a discharge
in bankruptcy. Therefore, these debts shall not be discharged in any bankruptcy
proceeding initiated by either party. In the event that at any time prior to either
Husband's or Wife's fulfillment of all of the financial obligations set forth in this
Agreement, he or she declares personal bankruptcy as a result of which the other spouse
becomes liable for any such debt herein identified, at either spouse's sole option and
within sixty (60) days of actual receipt of notice of such bankruptcy, this Agreement shall
be null and void and the parties returned to as close to the respective [mancial positions
as they were in prior to the effective date of this Agreement as practicable.
Alternatively, either spouse so affected by the other's bankruptcy filing may elect
to enforce the terms of this agreement in a bankruptcy proceeding wherein the bankrupt
spouse acknowledges that the debt(s) hereinabove set forth are non-dischargeable in as
much as it/they is/are or may be considered necessary as a means of support and
maintenance of the affected spouse given the equitable division of property as devised
within this agreement.
Sincerely,
James A. Miller
JAM/epm
Cc: J. Callaway
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Joseph G. Callaway,
Plaintiff
v.
IN THE COUR,T OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-931 CIVIL
Christina L. Callaway,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSEN1:
1, A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
February 25, 2002 and service was obtained upon the defendant by personal hand
delivery, on February 25, 2002, an Affidavit of Service tiQ which was filed on February
25, 2002.
2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint and service upon Defendant of
the same.
3. I consent to the entry of a Final Decree in Divorce after service of notice of
intention to request entry of the decree.
4. I have been advised of the availability of marriage counseling, and understand
that I may request that the Court require that my spouse and I participate in counseling.
I further understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request. Being so advised, I do
not request that the Court require that my spouse and I participate in counseling prior to
a divorce decree being handed down by the Court.
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,A. Section 4904, relating to unsworn falsification to authorities,
Date: l~"'J;),"'O~
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oseph G, Callaway
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Joseph G. Callaway,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-931 CIVIL
Christina L. Callaway,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF'NOTlCE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice,
2. I understand that I may lose rights concerning alimony, division of property
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary,
I verify that the 'statements made herein in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa, C,S, A.
Section 4904, relating to unworn falsification of authorities.
Date: l?-I~'o~
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JOse h G. Callaway
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Joseph G. Callaway,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-931 CIVIL
Christina L. Callaway,
Defendant
CIVIL ACTION - LAW
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 Section 3301 (c) of the
Divorce Code.
2. Date and manner service of the Complaint: Defendant was personally served
with a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE by hand delivery on February 25,
2002, an Affidavit of Service to which was filed on February 2Ei, 2002.
3. Date of execution of the Affidavit of Consent l:lnd Waiver of Notice of Intention
Request Entry of a Divorce Decree required by Section 3301 (c:) of the Divorce Code:
by Plaintiff: December 12, 2002
by Defendant: September 4, 2002
Time Stamped date of Waiver of Notice of Intention R1equest Entry of a Divorce Decree
required by Section 3301 (c) of the Divorce Code:
by Plaintiff: December 20, 2002
by Defendant: September 6,2002
4, Related claims pending: There are no related claims pending.
Respectfully Submitted,
Law Offices of James A. Miller
By:
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Christoph J. Kelller, Esquire
Attorney for Plaintiff
2157 Market Streelt
Camp Hill, PA 17011
(717) 737-6400
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Joseph G. Callaway,
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 02-931
Christina L. Callaway,
Defendant
Civil Action - Law
In Divorce
MARITAL SETfLEMENT A.GREEMENT
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Callaway MSA
TABLE OF CONTENTS
SECTION PAGE
1. SEPARATION AND NON INTERFERENCE: ........,.......................,............................................3
2. RECONCILIATION:........................,........................................................... .......,.....,..... ... ........4
3, ENFORCEMENT: .................,..............,........,.."....".,......,.........."."..,....".,...............,..,...........4
4, SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND
EXPENSES: ........................................ ... .............,..................................................... ............................5
5. EQUITABLE D ISTRI B UTI ON: ................................... ..........,....................,.................................6
A. PREFACE: ................................................. ..............................................,..............................6
B. DISTRIBUTION OF ASSETS: ..........,........,..............,...........,.................... ,..,...................... ...6
1. WIFE'S ASSETS:,.,..........,.....,.................,.,.....,....,.................,.....,.,.,.............................,.......6
2. HUSBAND'S ASSETS: ...........................................................................................................6
3. ASSET DIVISION:.... ..................... ...... ... ...........,... ............ ...........,.................................. .......7
A. REAL ESTATE - 765 Midway Road, York Haven:........................................,..,..............7
B. DISTRIBUTION AND WAIVER OF PERSONAL 1) MARITAL, T ANGffiLE AND
!NT ANGffiLE, ASSETS AND 2) NON-MARITAL, T ANGm:LE AND !NT ANGffiLE, ASSETS:
8
C. INTENT: ....... ................................................................................................................... 9
6. AFrER ACQUIRED PROPERTY:........ ..............,..,... ............ ....................................,... ............ 9
7 . DEBTS: ...................................................,............................................ ,.......................................10
A. Wife's Debts:........................................,..,... ..,........,.................,...................... .....,.................10
B. Husband's Debts:................................................ ............................. .,.................................... .10
C. Debts in joint names: ........................... .... ........... ..,................... ,.... ..,.., ....,.............................10
D. Indemnification: ................................,..,........,...........,............,..,... .,.........,......................... ... .12
8. FULL DISCLOSURE: ................................. ... ...................... .......... ..................... ,.................... .12
9. RELEASES:.... ........ ... ...... .... ... .............................................................................,........,.........,..13
10. BREACH: . ...........................................,..,..........................,......................... ........... ........... ...... ..14
11. REPRESENTATION: ................................... ................................... ,....... .....,.......................... .14
12. VOLUNTARY EXECUTION: ..............................................., ....................,.............................15
13. ENTIRE AGREEMENT: ........ ........,..........................,..........,.......................... ..,........,.... ...... ..15
14. PRIOR AGREEM ENT:..................... ........ ............... ...... ......... ........, ..,..,...................... ........... .15
15. MOD IFICA TION AND WAIVER: ... ........ ........................................... ,.........,..,................... ...15
16. GOVERNING LAW: ,........ ,............................................,................................................ ........ .15
17. INDEPENDENT SEPARATE COVENANTS: ,..........,............................................................15
18, VOID CLAUSES: ,.. ....................... ..,......... ......,...,... .... .................. ,...,............................. ........ .16
19, D IS1'RIBUTI ON DATE:.........,.............. ......... ......... ........................... .................................... .16
20. DATE OF EXECUTION: ................................... .....................,........ ,............. ....................,... ..16
EXHIBIT A - ASSETS/DEBTS .......................................................,.........,.................................,..,.....17
Page 2 of 18
Callaway MSA
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of
, 2002, by and between Joseph G. Callaway,
hereinafter called "Husband", and Christina 1. Callaway, hereinafter called
"Wife".
WHEREAS, Husband and Wife were lawfully married on April 27, 1996;
WHEREAS, two children were born of the marriage, specifically Kyle J.
Callaway, DOB 9/21/98 and Nicole E. Callaway, DOB 8/10/00 and,
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the parties hereto
desire to settle 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 and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates.
NOW THEREFORE, in consideration of the premises and of the 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, Wife and Husband each, intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose or
deem fit. The foregoing provision shall not be taken as an admission on the part
of either party of the lawfulness or unlawfulness of the causes leading to their
Page 3 of 19
Callaway MSA
living apart.
Each party shall be free from interference, authority and control by the
other, as fully as if he or she were single and unmarried, except as may be
necessary to cany out the provisions of this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, or in any way harass or malign
the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other. Neither party shall say or do anything to negatively
influence or alienate the minor children from the other parent.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relations between them. They shall not be deemed to have
reconciled with the intention of vitiating or terminating this Agreement unless
they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that Husband filed with the Cumberland County
Court of Common Pleas, Pennsylvania, to docket number 02-931, Civil Term, a
no-fault divorce action pursuant to Title 23, section :3301{C) of the Pennsylvania
Divorce Code and amendments thereto.
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code and shall be submitted to the court at the time of
filing the praecipe to transmit the record to conclude the divorce.
The parties agree to execute their respective Affidavit of Consent and
Page 4 of 19
Callaway MSA
Waiver of Notice and proceed with entering same to the court docket for the
purpose of finalizing the divorce action simultaneously with the execution of this
agreement or as soon as practicable thereafter.
Each party shall further execute all documents which may require his or
her signature for the purpose of effectuating all of the terms and conditions of
this Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained
by either of the parties in this or any other state, cOlmtry or jurisdiction, each of
the parties 'hereby consents and agrees that this: Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or further modification or
revision thereof shall alter, amend or vary any term of this Agreement. It is
specifically agreed, however, that a copy of this Agreement or the substance of
the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree. This incorporation, however, shall not be regarded as a
merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
(APL), COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised or
have the right to obtain advice in regard to the fact that each may have the right
to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or
expenses. Further, Husband and Wife acknowledge that they understand that
said rights are available in their divorce action. Husband and Wife further
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.
Husband and Wife hereby accept the mutual eovenants 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 themselves, counsel fees, and
Page 5 of 19
Callaway MSA
alimony pendente lite at this time and during any and all further or future
actions of divorce brought by either of the parties hereto.
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.
5. EQUITABLE DISTRIBUTION:
A. PREFACE:
The parties have valued to the best of their ability their entire marital and
non-marital estates. The parties have made use of either the information
provided between themselves and/or statement values associated with such
assets and/or have attributed fair market values and/or other agreed upon values
to such assets and for purposes of negotiation and settlement, and hereby
stipulate to such valuations. The parties desire to effectuate the division of all
assets as set forth herein in attached Exhibit A and incorporate said Exhibit as if
fully set forth.
B. DISTRIBUTION OF ASSETS:
1. WIFE'S ASSETS:
Husband does hereby grant, convey, transfer, assign, and deliver and set-
over unto Wife the assets so identified within this agreement; said assets shall be
and remain the sole and separate property of Wife hereafter, free of any claim by
or interest of Husband, regardless of whether such assets were deemed by either
of the parties to be marital property or non-marital property. And further,
Husband does hereby waive, release, relinquish, and surrender forever any and
all claim to or interest in said assets, which shall be and remain the sole and
separate property of Wife hereafter.
2. HUSBAND'S ASSETS:
Wife does hereby grant, convey, transfer, assign, and deliver and set-over
unto Husband the assets so identified within this agreement; said assets shall be
Page 6 of 19
Callaway MSA
and remain the sole and separate property of Husband hereafter, free of any
claim by or interest of Wife, regardless of whether such assets were deemed by
either of the parties to be marital property or non-marital property. And further,
Wife does hereby waive, release, relinquish, and surrender forever any and all
claim to or interest in said assets, which shall be and remain the sole and
separate property of Husband hereafter.
3. ASSET DIVISION:
The parties hereby agree that the following assets shall be divided in
accordance with the terms as provided herein and as set forth in Exhibit A
attached hereto. Husband and Wife agree to execute any and all documents
required to effectuate the intent herein:
A. REAL ESTATE - 765 Midway Road, York Haven:
1. Husband owns the real property known as 765 Midway Road, York
Haven, Pennsylvania ("property"). The parties acknowledge that Wife has a
marital interest in said property and agree that such interest amounts to 50% of
the equity. The property is presently under contract for purchase in the amount
of $123,000 and scheduled to close on or before April 30, 2002.
2. From the sale price, all costs associated with the property and
incurred by the parties' including but not limited to mortgage payoffs, taxes,
utilities, etc., shall be first deducted from the gross proceeds and the net proceeds
thereafter shall be divided equally between the parties. Wife's share of the net
proceeds shall be first applied to her debts as defined hereinbelow in section 7(c).
Any excess funds available to her from her share of the net proceeds after said
debts of Wife are paid in full shall be Wife's sole and separate property.
3. Wife agrees that her share of the net proceeds shall be made payable
to counsel for Husband in order for the debts identified hereinbelow in section
7(c) to paid immediately after settlement on the property. Counsel for Husband
shall provide to counsel for Wife a complete, detailed accounting of the net
proceeds within five (5) days from the date upon which counsel for Husband
receives the net proceeds check. Counsel for Husband shall also issue to counsel
for Wife any excess funds after payment of the foregoing identified debts.
Page 7 of 19
Callaway MSA
4. At the time of settlement, the parties shall execute separate 1099's
reflecting their respective portions of their net proceeds.
B. DISTRlBUfION AND \VAIVER OF PERSONAL 1)
MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2)
NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS:
1. Husband and Wife do hereby acknowledge that they have divided to
their mutual satisfaction all non-marital and marital assets including, but
without limitation, business interests, corporate interests, partnership(s), joint
ventures, inheritance(s), jewelry, clothing, retirement accounts, 401k's, pensions,
brokerage accounts, stocks, bonds, life insurance policies or other securities,
Individual Retirement Accounts, checking and savings accounts, mutual funds,
and other assets whether real, personal or mixed, tangible or intangible.
2. Husband and Wife further acknowledge and agree that the assets in
the possession of the other spouse unless otherwise so divided by way of this
agreement shall remain that spouses sole and separate property, each party
hereto specifically waiving, releasing, renouncing and forever abandoning
whatever claim, if any, he or she may have with respect to any of the foregoing
items which are the sole and separate property of the other.
3. Household Furnishings: Wife and Husband shall each retain all
household furnishings in their respective possession. Neither party shall assert a
right or make a claim against the other for such property at anytime now or in the
future.
4. Vehicles: Husband and Wife agree: that the vehicles in their
respective physical possession'shall remain the possession of the party and each
shall cooperate if necessary in executing any and aU documents to reflect such
ownership, including but not limited to titles, insurance documentation and
registration forms. Husband and Wife do hereby waive, release, and relinquish
any and all claim to or interest in the motor vehicle in the possession of the other.
If the title to any vehicle is encumbered by any debt or obligation, Husband and
Wife agree that they shall each be solely responsible for and shall pay and satisfy
said obligation, in accordance with its terms and provisions, and shall indemnify
Page 8 of 19
Call away MSA
and save the other harmless from any loss, cost, or expense caused to either by
their failure to make payment of such debt.
C. INTENT:
This Agreement is intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property. In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
property following the execution of this Agreement shall be deemed the owner
thereof and each of the parties will execute any and all legal documents without
any charge therefore to evidence title to such property in the other party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand
execute and deliver to the other any deeds, documents, records or closing
statements relating to the sale of real estate under this Agreement, bills of sale,
assignment, consents to change of beneficiary on insurance policies, tax returns
and other documents and do or caused to be done any other act or thing that may
be necessary or desirable to the provisions and purposes of this Agreement.
TAXES: Husband hereby agrees to pay all ineome taxes assessed against
him, if any, as a result of the division of the property of the parties hereunder.
Wife hereby agrees to pay all income taxes assessed against her, if any, as a result
of the division of the property of the parties hereunder.
6. AFfERACQUlRED 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 hereafter acquired by him or her, 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.
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if untitled, are presently in the sole possession of one of the parties hereto, the
Page 9 of 19
Callaway MSA
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claim.s therein, and acknowledges
that the party having title or possession of such items shall be the sole and
exclusive owner thereof.
7. DEBTS:
A. Wife's Debts:
Wife represents and warrants to Husband that since the parties'
separation 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 Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
B. Husband's Debts:
Husband represents and warrants to Wife that since the parties'
separation 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 Wife from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
C. Debts in joint names:
1. MBNA #5490 9933 4911 3714: Wife shall be solely responsible
for this debt. The parties acknowledge that the approximate
balance is $16,000 at the time of executi.on hereof.
2. First USA VISA #4417 1215 3638 5621: Wife shall be solely
responsible for this debt. The parties acknowledge that the
approximate balance is $2,700 at the time of execution hereof.
3. Wife acknowledges that her share of the net proceeds from the sale
of 765 Midway Road as defined in hereinabove in section s(b)3(a)
shall be first applied to the foregoing First USA VISA credit card
and the balance applied to the MBNA credit card.
Page 10 of 19
Callaway MSA
4. The mortgages on 765 Midway Road shall be paid in full at the time
of settlement as defined hereinabove in section 5(b)3(a).
5. Any amounts which may be due and owing for those debts defined
above in number 1 (MBNA) and 2 (1st USA) after payment of the
same as defined in this agreement shall be Wife's sole and separate
responsibility. The parties understand and agree that the amounts
identified hereinabove in numbers 1 and 2 are only approximations
and Wife does hereby agree that she shall be responsible for the
entire amounts due regardless of the amounts stated herein.
Further, Wife covenants and agrees that if any claim, action or
proceeding is hereinafter initiated seeldng to hold Husband liable
for said debts, obligations, liability, act or omission of such Wife,
such Wife shall at her sole expense, defend Husband against any
such claim or demand, whether or not well-founded, and that she
will indemnify and hold harmless Husband in respect of all
damages as resulting therefrom including reasonable attorneys fees
incurred to enforce this indemnification. Damages as used herein
shall include any claim, action, demand, loss, cost, expense,
penalty, and other damage, including without limitation, counsel
fees and other costs and expenses reasonably incurred in
investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to
Husband from any inaccurate representation made by Wife to
Husband in this Agreement, any breaeh of any of the warranties
made by Wife in this Agreement, or breach or default in
performance by Wife of any of the obligations to be performed by
such party hereunder. Wife agrees to give Husband prompt written
Page 11 of 19
Callaway MSA
notice of any litigation threatened or instituted against her which
might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
D. Indemnification:
All further debts incurred by the parties shall be their individual
responsibility. Each party represents and warrants to the other that he or she has
not incurred any debt, obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking
to hold the other party liable for any other debts, obligations, liability, act or
omission of such party, such party will at his or her sole expense, defend the
other against any such claim or demand, whether or not well-founded, and that
he or she will indemnify and hold harmless the other party in respect of all
damages as resulting therefrom including reasonable attorneys fees incurred to
enforce this indemnification. Damages as used herein shall include any claim,
action, demand, loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8. FULL DISCLOSURE:
The parties acknowledge that each of them have had a full and ample
Page 12 of 19
Callaway MSA
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 as part 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 this court or any other
tribunal equitably distribute or divide their marital property.
The parties acknowledge that they have been fully advised and informed of
the wealth, real and/or personal property, estate and assets, earnings and income
of the other and are familiar with and cognizant of such and the value thereof, or
has knowingly waived such advice and/or information. The parties hereto have
been fully advised and informed of all rights and interests which, except for the
execution and delivery hereof, have been conferred upon or vested in each of
them by law with respect to the property or estate of the other by reason of their
marital status, or has knowingly refused or waived such advice or information.
9. RELEASES:
Except as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain
from property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the other's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America.
n is further specifically understood and agreed by and between the parties
Page 13 of 19
Callaway MSA
hereto, that each party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said parties' rights against the other
for any past, present and future claims on account of support, maintenance,
alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of each party, including all
claims raised by them in the divorce action pending between the parties.
10. BREACH:
If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach.
The party breaching this contract shall be responsible for the payment of legal
fees and costs incurred by the other in enforcing his or her rights under this
Agreement, or seeking such other remedy or relief as may be available to him or
her,
11. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their legal effect in
advance of the date set forth above to permit such i.ndependent review. In the
event either party elects to execute this agreement without the advice of counsel,
he/ she shall nevertheless be bound hereby and he/she specifically and knowingly
waives his/her right, if any, to utilize his/her lack of legal representation as a
basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each
fully understands the facts and has been fully informed as to his or her legal
rights and legal obligations, and each party acknowledges and accepts that this
Agreement is, and the circumstances, fair and' equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
such advice and with such knowledge, and that exeeution of this Agreement is
not the result of any duress or undue influence, and that it is not the result of any
Page 14 of 19
Callaway MSA
improper or illegal agreement or agreements.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair cmd equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements executed between the parties, and/or mayor have been executed
prior to the date and time of this Agreement, are null and void and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
Page 15 of 19
Callaway MSA
improper or illegal agreement or agreements.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair cmd equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements executed between the parties, and/or mayor have been executed
prior to the date and time of this Agreement, are null and void and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
Page 15 of 18
Call away MSA
that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
18. VOID CLAUSES:
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.
19. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution
of property as provided for in this agreement, the date of execution of this
agreement shall be known as the Distribution Date.
20. DATE OF EXECUTION:
The parties hereto acknowledge and agree that the date of execution
referred to herein shall be known as the last date upon which either party
executes this agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written.
WITNESS:
Date: -Y~if'
- i\f't,;:/I
~!U;a{VCallawaY
Date: <1 -~ -O.d.- '
Page 16 of 18
Callaway MSA
EXHIBIT Jl. - ASSETS/DEBTS
Asset Wife Husband
2001 Dodge Ram Truck x
1986 Honda x
1992 Chev Lumina x
765 Midway Road, Yrk Hvn PA x x
Graybar retirment plan(s) x
NADART retirement x
Waypoint stock x
Debts
MBNA 5490993349113714
1 st USA Visa 4417121536385621
x
x
Waypoint mortgage
Waypoint 2nd
x
x
x
x
Page 17 of 18
JOSEPH G, CALLAWAY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 02 - 931 CIVIL
CHRISTINA L, CALLAWAY,
Defendant
IN DIVORCE
ADDENDUM :JJ: I
The parties hereby further agree by this addendum to clarify the
September 4,2002, marital settlement agreement:
1. Section 5(B)(3)(a)(l) shall be amended to modify the net proceeds
balance; now identified as $12,901.55. Wife's share of said amount shall be
$7,200.00. Husband's share of said amount shall be $5,701.55. Wife's share
shall be applied by the escrow account holder to the MBNA credit card balance.
Husband's share shall be distributed as follows:
$2,701.55 payable to husband; and $3,000.00 to be first applied to the
Visa credit card balance, and the remaining portion to be applied to the balance
of the MBNA credit card.
2. Section 5(B)(3)(a)(5) wife shall assume the MBNA credit card balance
after application of the foregoing payments. Wife shall further make a good
faith effort in having husband released from said MBNA account and husband
shall cooperate in wife's efforts, And, wife's assumption of the MBNA shall be
consistent with Section 7(C) of the marital settlement agreement.
I acknowledge that I have read the above stipulation and
agreement, that I understand the terms of settlement as set forth herein, and
that by signing below I ratify and affirm the agreement previously made and
intend to bind myself to the settlement as a contract obligating myself to the
terms of settlement and subjecting myself to the methods and procedures of
enforcement which may be imposed by law and in particular Section 3105 of
the Domestic Relations Code.
WITNESS:
Matth J. elman
Attorney for Plaintiff
DATE:
Jf~ t(Ubl--
9/lf/OL
AD 7)ffJ{) LI flI/ .ff 2- 10 5 eefe Ul\V Y"LdcrZ-
Tuesday, AP~~~...{ S-e.f/- fe .....Pvd A; Ie(>~,f
FAX: 763-4247
Law Offices of Patrick F. Lauer, Jr.
Matthew J. Eshelman, Esquire
2108 Market Street
Aztec Building
Camp Hill, Pennsylvania 17011
Re: Callaway
Dear Mat:
I've prepared our Motion for the Master. I'm going to file unless I hear back
from you by the end of the month that your client agrees to the terms of the agreement
which will also include the following language in Section 7(d) - indemnification. Please
let me hear back from you either way by the end of the month.
Bankruptcv: OBLIGATIONS NOT DISCHARGEABLE IN
BANKRUPTCY
The parties represent that to the best of their knowledge there are no bankruptcy
proceedings pending involving either of the parties. The debt payments provided for in
this paragraph are not, and are not intended to be, a debt which is affected by a discharge
in bankruptcy, Therefore, these debts shall not be discharged in any bankruptcy
proceeding initiated by either party. In the event that at any time prior to either
Husband's or Wife's fulfillment of all of the financial obligations set forth in this
Agreement, he or she declares personal bankruptcy as a result of which the other spouse
becomes liable for any such debt herein identified, at either spouse's sole option and
within sixty (60) days of actual receipt of notice of such bankruptcy, this Agreement shall
be null and void and the parties returned to as close to the respective financial positions
as they were in prior to the effective date of this Agreement as practicable.
Alternatively, either spouse so affected by the other's bankruptcy filing may elect
to enforce the terms of this agreement in a bankruptcy proceeding wherein the bankrupt
spouse acknowledges that the debt(s) hereinabove set forth are non-dischargeable in as
much as it/they is/are or may be considered necessary as a means of support and
maintenance of the affected spouse given the equitable division of property as devised
within this agreement.
Sincerely,
James A. Miller
JAM/epm
Cc: J. Callaway
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"':'0":0":0":0"0"0"0":0":0 0 0'0
IN THE COURT OF COMJMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
JOSEPH G. CALLAWAY
No. 02-931 Civil
VERSUS
CHRISTINA L. CALLAWAY
DECREE IN
DIVORCE
AND NOW,
~30
~{:"'I/-" .
.~ , IT IS ORDERED AND
DECREED THAT Joseph G. Callaway
, PLAINTIFF,
AND Christina L. Callaway
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
It is furhter ordered that the terms of the parties' September 4, 2002
Marital Settlement Agreement are hereby incorporated, but not merged, into
this final decree.
ATTEST' ~~
PROTHONOTARY
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