Loading...
HomeMy WebLinkAbout06-0707 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, Plaintiff V. TERRIE L. McCUTCHEON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Otd - !d 1 (2, u t C-7- ,,n CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, Plaintiff V. TERRIE L. McCUTCHEON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O(- - 'YD7 C'tO?L??''Y CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Scott A. McCutcheon, an adult individual residing at 732 TrailLane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Terrie L. McCutcheon, an adult individual residing at 412 Wren Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on October 17, 1980 in Harrisburg, Dauphin County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on January 16, 2006. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with § 3301 of the Pennsylvania Divorce Code. ADULTERY 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 2 13. Defendant has committed adulterous acts in violation of the marriage vows and the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with § 3301 of the Pennsylvania Divorce Code. INDIGNITIES 14. The averments in paragraphs 1 through 13, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to him so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT H EQUITABLE DISTRIBUTION 16. The averments in paragraphs 1 through 15 of Plaintiffs Complaint are incorporated herein by reference thereto. 17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Scott A. McCutcheon, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and Dated: 12006 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. MCCUTCHEON, Plaintiff V. TERRIE L. McCUTCHEON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 70 7 NO. 06 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. 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. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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. Dated: 2006 ? 9COTT A. Me5 "EON Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 SCOTT A. McCUTCHEON, Plaintiff V. TERRIE L. MCCUTCHEON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Scott A. McCutcheon, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Dated: / 2006 SeOTT A. MceUTCHEON 7U 7? R? 4 ? o ?- ?- o o d C Vk X 1 r_.a f? Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TERRIE L. McCUTCHEON, Defendant NO. 06 - 707 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 0500 0001 6561 6109, Return Receipt Requested, on the above-named Defendant, Terrie L. McCutcheon, on February 7, 2006 at Defendant's last known address: 412 Wren Court, Mechanicsburg, PA 17050. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ,r Dated: February - , 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff CERTIFIED MP (Domestic MAY Only, Nit a -JU nECrrarr.3euaG FA 17050 .n Postage $ 413 .63 $2.40 EO Certified Fee P p C3 Return Facets Fee $1.85 ps u e e (Endorsement Required) ?l ? p G F ResiddedDelivery Fee $3 .10 a O (Endorsement Required) ? ? ED 43.53 ry R /Obi?006 Total Postage & Fees $ - M M p Sent To . ?r, - I- ------ - -----------'--'-- ---- --------- --------___---- --------- - Sheol, Apt No.; t 1 \ ie? TI , 1 arPoBoxNo. y? C45[l YI - ? f W --- -_ --- -? city, State. Z05;4(j -----.--.-___---_ _ - _--- - nn I OL? ¦.Gomplete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: !x :s T rr, e L /y)'C'ude-l eor y 1 a UJrQ r` (Yle? r,csber-1I1''ll 1 ? ?v T" , ? Agent C. Date of Delivery Is delivery adtlresS,yl 1? U Ye: If YES, enter ry address No 3. Service Type lL'01`1, SCertified Mail 0 Express Mail ? Registered 0 Retum Receipt for Merchandise El Insured Mail ? C.O.D. 4. ResMcted Delivery? flExtre Fee) OF Yes 2. Article Number niansrer rrom service label) 7003 0500 0001 6561 6109 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A„ ?_, ;, ?- , '? _? =.:, ?: ?. _ ?, -, ?? ?-; ?n?i ? ,5? -+? _ r 1? ?. G7 y C . _i ? I _ t SCOTT A. McCUTCHEON, Plaintiff VS. TERRIE L. McCUTCHEON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-707 CIVIL ACTION - LAW DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Defendant, Terrie L. McCutcheon. DATE: BY: eannd B. Costopoulos, Esquire -- 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 06-707 TERRIE L. McCUTCHEON, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 BY Jcarffr J3. Costopoulos, Esquire,-,- 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 DATE: ?71? // 71144 00?, pp- ? MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. TERRIE L. McCUTCHEON, Defendant No. 06-707 : CIVIL ACTION -LAW : DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Terrie L. McCutcheon, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Terrie L. McCutcheon, Defendant, in the above captioned case. 2. Defendant has not maintained contact with undersigned counsel. Undersigned counsel is unable to provide representation to Defendant without communication from her. 3. No judge has ruled upon any other issue in this or any related matter. 4. Undersigned counsel had sought the concurrence of opposing counsel, Barbara Sumple-Sullivan, Esquire, and she does not object to the relief requested in the instant petition. 5. Defendant has not responded to correspondence from undersigned counsel warning her that she intended to file the instant petition. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to withdraw as counsel from Defendant's case. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: JEANNE B. COST S, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Hated: 311f17-dv7 SCOTT A. McCUTCHEON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06-707 TERRIE L. McCUTCHEON, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Signature: J e B. Costopoulos, Esquire SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06-707 TERRIE L. McCUTCHEON, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Terrie L. McCutcheon 22037 Eight Mile Road Muskego, WI 53150 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 MARIA P. COGNETTI & ASSOCIATES By: NE B. COSTOPOULOS, DIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Terrie L. McCutcheon, Defendant Dated: C3 C) -'n rt'z r , : ? ? 3! Fn cl Z7 s _ 'i'1 - r? _ r A r^t ro ORDER OF COURT AND NOW, this 29th day of March, 2007, upon consideration of the Petition to SCOTT A. MCCUTCHEON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-0707 CIVIL : CIVIL ACTION - LAW TERRIE L. MCCUTCHEON, DEFENDANT IN DIVORCE Withdraw as Counsel filed by Jeanne B. Costopoulos, Esquire, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 18, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Xarbara Sumple-Sullivan, Esquire Counsel for Plaintiff /anne B. Costopoulos, Esquire Petitioner ie L. McCutcheon Arl eendant bas ?u -? ?-, ? I - M. L. bent, Jr., J. Ajnjo 80 :li VJ 6Z RW LOOZ 31 f1 JO JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telenhone No. (717) 221-0900 SCOTT A. McCUTCHEON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. TERRIE L. McCUTCHEON, Defendant No. 06-707 : CIVIL ACTION -LAW : DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Terrie L. McCutcheon, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Terrie L. McCutcheon, Defendant, in the above-captioned case. 2. Petitioner filed a Petition to Withdraw as Counsel on March 22, 2007. 3. On March 29, 2007, the Honorable M. L. Ebert, Jr., issued a Rule to Show Cause, requiring Defendant to respond in the form of a filed answer on or before April 18, 2007. 4. On April 5, 2007, Petitioner sent both the Petition and Rule to Defendant, Terrie L. McCutcheon, via certified, restricted delivery mail receipt no. 7000 1530 0001 6001 8886. An undated return receipt was received by Petitioner on or about April 10, 2007. Said receipt is attached hereto has Exhibit A. 5. To date, Defendant has not filed an answer. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to withdraw as counsel for Defendant, Terrie L. McCutcheon. Respectfully Submitted: By: JEAP K B.COSTOPOULOS,ESQUIRE Dated: Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /Mcarl+ea? ZZo 3 7 y Nvsk-0-96' ?Jz 3/ 50 A. Signature ? Agent ? Addressee B. Receivr by (Printed Name) C. pate of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. SServii Type Z;-Iertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number "7000 1 5Y© cloo Coo e (Transfer from service label) 0 p PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 EXHIBIT A SCOTT A. McCUTCHEON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06-707 TERRIE L. McCUTCHEON, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Signature: ' J 6 B. Costopoulos, Esquire e SCOTT A. McCUTCHEON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-707 TERRIE L. McCUTCHEON, : CIVIL ACTION -LAW Defendant : DIVORCE CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Terrie L. McCutcheon 22037 Eight Mile Road Muskego, WI 53150 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 By: JE' B. COSTOPOULOS, E A rney I.D. No. 68735 000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 Dated: 07 ? te? c; ?? _ ?„ . _,t . e-y? ?{ "?'" YT.. '; :-- ?? `- ?'? .. .. ... _, f _ j ? f ' - s?.. ...,y/ r _..to w A APR 3 0 200i 0 SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-707 TERRIE L. McCUTCHEON, CIVIL ACTION -LAW Defendant DIVORCE ORDER OF COURT AND NOW this day of 2007, upon consideration of the within PETITION TO WITHDRAW AS COUNSEL, it is hereby Ordered that Jeanne B. Costopoulos, Esquire, is granted leave to withdraw as counsel for Defendant, Terrie L. McCutcheon. BY THE COURT: Distribution: rec e B. Costopoulos, Esq., 5000 Ritter Rd., Ste. 202, Mechanicsburg, PA 17055 L. McCutcheon, 22037 Eight Mile Rd., Muskego, WI 53150 46 >6bara Sumple-Sullivan, Esq., 549 Bridge St., New Cumberland, PA 17070-1931 kid ,4*lr(r? ., 44J,Uilf/ ) F:\FILEMlients\12919 McCutcheon\12919. Lpral Revised: 2/5/08 9:55AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-707 CIVIL ACTION - LAW TERRIE L. McCUTCHEON, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant in the above matter. MARTSON LAW OFFICES r/? 771 By Jennife Spears, Esquire Ten Eat High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: February 5, 2008 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 MARTSON LAW OFFICES /By,7" C T cia D.`Eck6froad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 5, 2008 N 'Drn 8/25/2008 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thi3 t day of CL LO , 2008, by and between Scott A. McCutcheon, hereinafter referred to as "HUSBAND", and Terrie L. McCutcheon, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on October 14, 1982 in Harrisburg, Dauphin County, Pennsylvania; WHEREAS, one (1) child was born of this marriage being, Nicole L. McCutcheon, born November 2, 1986. She is not a minor; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the Draft - 08/ 12!08 8/25/2008 mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Jennifer L. Spears, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained knowledge and disclosure of their legal rights and obligations. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any 8/25/2008 8/25/2008 duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written 8/25/2008 8/25/2008 interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Common Pleas of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This 8/25/2008 8/25/2008 Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may 8/25/2008 8/25/2008 arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or, claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 8/25/2008 8/25/2008 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 8/25/2008 8/25/2008 12. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake. The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax 8/25/2008 8/25/2008 return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. The parties further acknowledge that they have shared equally the refund received from the 2005 tax return. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY WIFE shall retain the baker's rack, table, hutch and her country knick-knacks, which she will retrieve from the home over the Labor Day weekend, prior to closing. HUSBAND shall retain the other items in the home. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. Further, the parties agree and understand that the tractor is being sold with the home and Draft - 08/ 12/2008 9 8/25/2008 is included in the purchase price of the home. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 732 Trail Lane, Enola Pennsylvania. Said house is encumbered by a mortgage held by Cornerstone Federal Credit Union. The parties mutually agree to sale of the home and the property has been listed for sale with ReMax. The house is currently under contract and the tentative closing date is September 4, 2008. Pending sale, HUSBAND shall continue to reside in the home, be solely responsible for the mortgage payments and shall have exclusive possession of the home. If HUSBAND chooses to vacate after September 4, 2008 but prior to actual sale, the parties agree to share one half of the costs of the mortgage, taxes, insurance and any reasonably necessary repair or maintenance related to the property which costs over $200.00. At the time of sale, all real estate related expenses shall be paid in full and the net proceeds shall be divided equally between the parties. In the event the contract on the house falls through and it is not sold by the expiration of the current listing agreement with ReMax, the parties may sign a new listing agreement with the same Realtor or choose a new Realtor. If the parties cannot agree, either party may petition the Court of Common Pleas of Cumberland County to appoint a Realtor, and the parties shall be bound by the appointed Realtor's suggestion for a listing price if they cannot agree on a price. At any time, the parties can lower the listing price upon mutual agreement. WIFE's half of any mortgage payments, Draft - 08/12/2008 10 8/25/2008 taxes, insurance premiums and repairs pursuant to the paragraph above, if any, may be paid at the time of sale as opposed to when due monthly. C. MOTOR VEHICLES The parties owned two (2) vehicles at the time of separation - being an unencumbered Jeep and an unencumbered Dodge Truck. WIFE shall retain sole possession and ownership of the Jeep and any proceeds upon its sale. HUSBAND shall retain sole possession and ownership of the Dodge Truck and any proceeds upon its sale. Each party hereby waives, relinquishes and releases any claim in the vehicle which shall be the sole and separate property of the other. Each party agrees to promptly coordinate and cooperate in the transfer of titles to the vehicles, if necessary. D. FINANCIAL ASSETS The parties acknowledge that the marital financial accounts which existed during the marriage have been divided to the satisfaction of the parties. All jointly titled accounts have been closed. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. E. PENSION AND RETIREMENT ACCOUNTS During the marriage, HUSBAND accumulated certain retirement benefits in the form of Draft -- 08/12/2008 11 8/25/2008 an IRA through First National Bank of Marysville. Since the separation, HUSBAND has made certain withdrawals from the account to pay the real estate taxes on the marital real property. HUSBAND shall be the sole owner of the remainder of the IRA and WIFE releases and waives any and all claims to said IRA. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. G. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. HUSBAND shall be liable and responsible for the following debt and will indemnify and hold WIFE harmless from the same: I. PSECU VISA Loan, Account No. 01844831114. Draft - 08/12/2008 12 8i25/2008 SECTION III 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ITNESS WITNESS OTT A. Mc U HEON TERRIE L. McCUTCHEON Draft- 08/12/2008 13 8/25/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Camktr4nj j SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Scott A. McCutcheon, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. a bscribed to before me thi day o 2008. NCOMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara SumpleSuilivan, Notary Public My commission expires: New Cumberland Boru, ,urnberlano ) My Commission Expires Nov. 15, 2011 Member, Pennsylvania Association of Notaries STATE OF L_ ) SS. COUNTY OFD Before me, the undersigned officer, a Notary Public in and for said State and County, personally appeared Terrie L. McCutcheon, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. e7 Z?/ Affirmed and subscribed to before me this day of , 2008. 4K q NO LIC My commissi Tres: 3/Z /? (SEAL) Draft - 08/12/2008 14 ?? t'? - ?n `l-a i.'i'3 1 "' 1 ,; ??; ? ?,> W _.. -x-? ? 1 3.?M1 1 ?? r{ ?? •./?+. ,? ?+F Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 707 TERRIE L. McCUTCHEON, 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 February 3, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 5. I verify that the statements made 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 unsworn falsification to authorities. DATE. TERRI L. McCUTCHEON ?-' "??.? t'"? air W ---? ;,. -'4 ?? ... Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, : IN THE COURT OF COMMON PLEAS Plaintiff V. TERRIE L. McCUTCHEON, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 - 707 : CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unworn falsification to authorities. DATE: Jr- 2 TERRIE L. McCUTCHEON ? ??, ?? ??; -?.?? ? .;,, ?:? < i` Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TERRIE L. McCUTCHEON, : NO. 06 - 707 : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 3, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 5. I verify that the statements made 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 unsworn falsification to authorities. 4??7' z", _.' w A4;5?oee DATE: SCOTT A. McC CHEON ?-`' _?? :.?.E ?:+' ---+ '? ?-,-? ? r ' ? '? _.?,, , ? r R 4 Y' .``? ., ? ?'} .'n?.. ?..Z ? `,Y ty-{ ' ?„? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TERRIE L. McCUTCHEON, Defendant : NO. 06 - 707 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unworn falsification to authorities. DATE: O? SCOTT A. McCU HEON rl c,? f? ?1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 707 TERRIE L. McCUTCHEON, : CIVIL ACTION -LAW Defendant : 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: Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on February 7, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff August 29, 2008; by Defendant August 26, 2008. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated August 29, 2008 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiff's Waiver of Notice in 3301(c) Di rce as filed with Prothonotary: September 3, 2008. Date Defendant's Waiver of Notice i 301( Div 7 was filed with Prothonotary: September 3, 2008. Dated: September 2, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff _. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT A. McCUTCHEON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TERRIE L. McCUTCHEON, Defendant : NO. 06 - 707 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jennifer L. Spears, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 DATED: September 2, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff z--? -? ??; r=?? ? -mot _?, rrrn W ?. r'`4 7' -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SCOTT A. McCUTCHEON, Plaintiff VERSUS TERRIE L. McCUTCHEON, Defendant No. 06 - 707 DECREE IN DIVORCE AND NOW, S 2008 e Q? e.w? b e,r g IT IS ORDERED AND Scott A. McCutcheon DECREED THAT Terrie L. McCutcheon AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated August 29, 2008 and incorporated, but not merged, into the Decree. 10 BY THE COURT: ATTES T: J :; / 14,- PROTHONOTARY ????v? ? ?? ? gyp- ?r 6 ?- ??? y.