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HomeMy WebLinkAbout95-07328 \ A ,J , ') (p ("g ('{) r '. , ... ... ~,~.*-*~-~,_.~_.~,.~,,~.~,~.~.,~..~,.~}.~.,~,.~.,~*,~*.~*~ ~ ' , ~ ~ - ... "'-,-~,'~ ... , '~ , ~--~ . , '.. ~ ~,,' ~ ' . ~ ~ ,;, ;:; ~i M\ , ! ~I ~I , ! iii :'1 ~I NI , \ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF I~~I PENNA, MARl< S. HcGAHEN Plaintiff i\: II , 9H3Z$ .CIYII.. TERM '" ;:; ,;,1 ... \"'I',...II.'i ~ DONNA L. HcGAHEN ~ ~I ~I ~i , , ~i } ~i ~ ,'. ~ ~ ~ ~ ~ ~ ,;, l!< Defendant DECREE IN DIVORCE , , ,j Ulo.fL,2)j 19 'l6, , II Is ordered and AND NOW. decreed that ,,~,RK, 8,' McOAHEN , , , , , , ' and, ,DONNA, J."., McGA'IJ::N , , , , , " , , are divorced from tho bonds of matrimony. " " , " plaintiff, , , , , ", defendant, Tho court retains jurisdiction of the following claims which have been raised of record in Ihis action for which a Iinal order has not yet been entered; NONE. ~ ~ The Marital Settlement Agreement dated t'ebruuy ,11,1996 ,is",. ! incorp6tated into but hot merged into this D$6nEl. ih Di "broIL' , ' II, Tli,{ ,.,,~f, ,j ''--t/I V I ^tt,'."....J; '., I 1/ .A.;(\.'Un~" ( I(...;.c'/~_{ 1/'<1" ; ,r ;'_~'/~ @ ~ ~ ~ ~ ~ ~ ~ - '),.~. .:.:. .';, I 8,.-1/..>,\.:7.,. .I j;~Z /1r."rf111l1110Inl ~' . ~,.~.,~_.~,~_.~.~:~~:'~~.~:;.:;-:.~,~.:.:.~:.:.::. ~ ~, " ~. ~ ~ ,;, l!< ~ ( , l:..: ':> ~ ~ '" ~ '" I~ l~ 1: !~ I',' I,;, {~ I, I~ i". :~ i~ (~ * :~ !~ ~ . ~: \, ~ :-: ~: ~; " ~, . -: . . ,l' . " .- -,./.'11, dd. tb"" 1111':11/ i, .1 i./ '9& '1fMtu ,4.'11"4/ Z It . ( ~:I t'Uefl .. q5'-73Zfl, MARITAL SBTTLBHBHT AORBBHBHT AORBBHBHT, made this ~\'day of and between DONNA L. \ ~ \ II Ulll \~ \ ) HoOAHBN, hereinafter referred to as ""ife", , 11 (\l,r , by and MARl S. HoOAHBH, hereinafter referred to as "HUsband". WITNESSETH I WHBREAS, the parties hereto are Husband and Wife, having been married on August 22, 1987, and there being two children being born during this marriage, Jared Mark McGahen, born October 27, 1988 and Taryn Nicole McGahen, born September 1/ 1993. WHBREAS, diverse and differences, unhappy disputes difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equi table distribution of such property / the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of lIusband by Wife/ the settling of all matters between them relating to the parties' minor children including custody, visitation and support/ and, in general, the settling of any and all claims and possible claims by one against the other or against their respective ostates. HOW, THIRBrORB, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable con~iderations, recoipt 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 follow~: 1. AORBBKBHT HOT A BAR TO DIVORCB PROCBIDIH08. 'l'his Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. BrrBCT or DIVORCB DBCRBB. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 2 J . AGRBDBNT TO DB INCORPORATBD INTO DIVORCB DBCRBB. 1'he parties agree that the terms of this Agreement shall be incorpDrated, but nDt merged, into any divDrce decree which may be entered with respect tD them. The parties further agree that the CDurt of Common Pleas which may enter such divorce decree shall ... ...... retain cDntinuing jurisdictiDn over the parties and the subject matter Df the Agroement fDr the purpDse of enfDrcement of any of the prDvisions thereof. 4. DATB or BKBCUTION. The "date Df execution" or "executiDn date" of this Agreement shall be defined as the date upon which it is exscuted by the parties if they have each executed the Agreement Dn the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date Df execution by the party last executing this Agreement. 5. ADVICB or COUNBBL. The prDvisiDns of this Agreement and their legal effect have been fully explained to Husband by his attorney, Nora F. Blair, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Diane G. Radcliff, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received 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 collusion or improper or J illegal agreement or agreements. The parties furthsr acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PBRSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 7. SUBSBQUBNT RBCONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 4 ~ 8. MUTUAL RBLBASBS. Husband and Wifs each do hsreby mutually remise, releass, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance 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 (a) Pennsylvania, (b) any state, Commonwealth or territory of the united states, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other the 5 , execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the partiee may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. BANK ACCOUNTS AND RETIREMENT ACCOUNTa. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that these accounts and plans shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other party's accounts and plans. Specifically, Husband shall retain as his sole and separate property his 401(k) Plan and Wife shall retain as her sole and separate property her federal retirement. 10. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limita- tion, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, picturea, books, works of art 6 and other personal property. The parties have divided or will in the near future divide their personal property to the satisfaction of both parties. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 11. AFTER-ACQUIRED PBRSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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. 12. REAL ESTATE. The parties are the owners of a house located at 137 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. Said real estate shall be Husband's sole and separate property. Husband shall pay to Wife six Thousand One Hundred One Dollars ($6,101. 00) for her interest in said real estate and the marital estate. Husband shall be solely responsible for payment of any mortgage or other lien on said real estate as well as the utilities, taxes, and insurance on the real estate. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Wife agrees to execute a deed transferring her interest in said real estate to Husband and ., Ilusband agrees to pay to Wife the six 1'housand One Hundred One Dollars ($6,101.00) at the time of signing this Agreement. Wife by signing this Agreement acknowledges receipt of a check in the amount of six Thousand One Hundred One Dollars ($6,101.00). The parties are the ownerB of property at 1910 Carlisle Road. Said property was Husband'B prior to marriage and iB under a Bales agreement. Wife agreeB that Baid property shall be Husband' B sole and separate property. Husband shall be solely responBible for payment of any mortgage or other lien on Baid real estate aB well aB the taxes and inBurance on the real eBtate. Husband agrees to indemnify and hold Wife harmleBs for and against any and all claims ariBing out of Husband's failure to make payments aB Bpecified in this paragraph. Wife agrees to execute a deed transferring her interest in said real estate to Husband concurrently with the signing of this Agreement, if necessary. simultaneously with the signing of this Agreement, Wife agrees to execute an Addendum to the sales Agreement transferring her interest in said Sales Agreement to Ilusband. 13. AUTOMOBILBS. The parties are the owners of two automobiles. The van shall be Wife's sole and separate property. Wife shall be solely responBible for the payment of any loan on her vehiole. Wifs agrees to indemnify and hold Husband harmlsss for and against any and all claims ariBing out of Wife's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 14. LIPB INSURANOB. The parties are the owners of various life insurance policies. 'I'he life insurance policies shall be tho 8 sole and separate property of the insured. Wife and Husband each agree to retain each other or their children as the beneficiaries of their life insurance policies with a face value equal to or exceeding that currently in existence until both of the parties' children are twenty-two (22) years of age. I!;' OURRBNT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name. Husband shall be solely responsible for payment of any and all debt that is in his name. If either party incurs any debt on a crl.ldit card titled to both parties, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. 16. WAIVBR or PAYMBNT or LBGAL rBBS. Wife shall be solely responsible for payment of her legal fees. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. 17. ALIMONY AND ALIMONY PBNDBNTB LITB. Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, support or maintenance. It ehall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. Wife agrees to continue to provide health insurance 9 coverage for Husband until the divorce is final or December 31, 1996, whichever is later. 18. CHILD CUSTODY AND SUPPORT. The parties shall share physical and legal custody of the parties minor son and daughter. The specific provisions with respect to custody are set forth in a stipulation for custody that is being signed simultaneously with this Agreement. Both parties have agreed not to seek child support for the parties' minor children as long as the parties share custody. Husband agrees to pay all day care expenses while the parties are working. If either party seeks child support payments while the parties share custody, the effective date for computing support shall be the date of execution of this Agreement. Wife agrees to provide health insurance coverage for the parties' minor children. 19. TAX RETURNS. The parties shall file a joint tax return for 1995. The refund or payment shall be split equally by the parties. For 1996 and all even numbered years that the parties share custody, Wife shall claim Taryn and Husband shall claim Jared as a dependent. For 1997 and all odd numbered years that the parties share custody, Husband shall claim Taryn and Wife shall claim Jared as a dependent. 20. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counselling, and that a complaint in divorce has been filed in Cumberland county at number 95-7328 civil Term. The parties agree to have the divorce decree entered in that case pursuant to section 3301(c) of the Pennsylvania Divorce Code, Act 10 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipUlations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said section 3301(c) of The Code. Upon request, to the extent permitted by law and the applicable Rules of civil Procedure, the named defendant in such divorce action and shall execute any waivers of notice or other waivers necessary to expedite such divorce. 21. WARRANTY AS TO BIISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or Obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold ths other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 22. WARRANTY AS TO rUTURB OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of 11 this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 23. WAIVBR OR MODIFICATION TO BB IN WRITING. No modif ication or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 24. MUTUAL COOPBRATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. LAWS or PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania which aro in effect as of the date of execution of this Agreement. 26. AGREBKBNT BINDING HIIR8. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. OTHBR DOCUMeNTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute 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. 12 28. NO "AIVBR OF DBFAULT. 'I'his AgrGement shall remain in full force and effect unlese and unti 1 terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon etrict performance of any of the provieions of thie Agreement shall in no way affect the right of such party hereafter to enforce the eame, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed ae a waiver of strict performance of any other obligations herein. 29. INrORCBNINT OF AGRBBHBNT. If either party breaches any provision of this Agreement, the other party shall have the right, at hie or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their righte under this Agreement or for seeking such other remedies of relief as may be available to him or her. 30. BBVIRABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clauee or provision ehall be stricken from this Agreement and, in all other reepects, this Agreement ehall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the 13 conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 31. HIADINGB NOT PART or AGRBIKBNT. Any headings preceding ths text of the several paragraphs and subparagraphs hereof are inserted solely for convsnience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNBBB WHBRBOr, the parties hsreto have set their hands and seal the day and year first above written. ~ \\1"-9..;) , I \ \.\jd1 uL~-~ DONNA L. McGAHEN W~:t:S~iJiJll /7 r/(,~~ ~t/,)(~~~ MARK S. McGAHEN 14 COMMONWEALTH OF PENNSYLVANIA I ISS. COUNTY OF DAUPHIN I On this, the Ci' t of &6/ JIft.J __ , 19 ft, day before me a Notary Public of the Commonwealth of Pennsylvania personally appeared DONNA L. McGAHEN known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNI88 WHIRlor, I have hereunto set my hand and official sea 1. JZi , 'J ,7 , ,',...-, // ,,:;'/,;,./ L,,JIotary Public ;- " ,--" (SEAL) My Commission Expiresl NOTARIAL SEAL DIANE S BAKER. Notary Public Lower PII<1On TWI> . Olupllln County ConYnlllon e. reI Me to 19QQ ~ ~~.~ ..r..' , i~ (, " J Ii: \1' f'; \!:5 0' \I- io :r: ~ .... r-.: ;J~) \, .1; ~ , ) ",' ..'~ . . ;;;1 ; ~-~. ,lill , ."0.. ;j t) r.::l c., ~'.' . . eo-; .n 0\ . " . NARK S. KaGABBN, plaintiff I IN THB COURT or COKKON PLBAS I CUMBIRLAND COUNTY, PENNSYLVANIA I I NO. '5 - 7328 CIVIL TIRM I I I CIVIL ACTION - DIVORCB v DONNA L. MaOABIN, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to ths court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: January 17, 1996 by Acceptance of Service. 3. (complete either paraqraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff: April 18, 1996; by the defendant: June 14, 1996. (b) (1) Date of execution of the plaintiff's affidavit required by section 3301(d) of the Divorce Code: N/A (2) Date of service of the plaintiff's affidavit upon the defendant: N/A 4. Related claims pending: NONE . , ./ ~ /~--~~ ., , ) DATEOl J (~ /7'7 t, ~ Q ~ c::> en :';~ ,:Je 1< ~ ,~) II' - K:t l~ ~.. .,~ C- O '..t 'c ..~J " N ... ~, a: f;31E =l ~ l:i ", a en . ., . , . It ; . " . KARl 8. NoQMIN, plaintiff I IN THI COURT or COHHON PLlA8 I CUNBIRLAIiID COUNTY, PIHH8YLVAIiIIl I I NO. 95 - 7328 oivil Tera I I I CIVIL lCTION - DIVORCB v.. DONNA L. NoQMIN, Defendant ACCEI)TANCE OF SERVICE I, Diane G. Radcliff, am the Attorney for the Defendant, DONNA L. McGAHEN, in the above-captioned matter. In that capacity, I have accepted service of the complaint Under Section 3301(c) or 3301(d) of the Divorce code with custody count, as of this the _,yh- day of -.Sf' .' ''-~t ' 1996. R f for Defendant fi: N '- r.? .:r fc- .. "'I . ~Q CO) ><1)(:4 -t! .~ 0:~ '1- ',' ~r!; r1~,;} c .1' :.' S!,~ (:: l1- N ..},:,. tJllJ -.. ml~ .', ..... IW ....J tti u. In 0 Q1 0 j. . .' , KARl 8. HoGUIII, Plaintiff I III THI COURT or COKHOII PLIAS I CUHBBRLAIID COUNTY, PBIIHBYLVAHIA I I 110. f/tj - -L~ an (~IVIL1€.f2/11 I I I CIVIL ACTIOII - DIVORCB v.. DOIIHA L. HoGUIII, Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 330l(c) of the Divorce Code was filed on December 27, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under section 3301(c) of the Divorce Code. I verify that the statements made in this Affidavit are true and correct. I understand that false statsments herein are made subject to the penalties of l8 Pa.C.B. 54904 relating to unsworn falsification to authorities. DATED. -1/lfJ/(}& ... N r ~ , .. Ill' ,+_'1 u.. ,\ , (t. .1.' \1) ~ (7' fr,' , .l, f' L.:' ~ I , '- ) C , , ';1- ,.~ . j ;~}: l,..i '!j ir. .:'fJ .,w,. 1 .) " \ . " , " . NAIll 8. NCOMlIN, plaintiff I IN THI COURT or CONNON PLBA8 I CUNBIRLAlfD COUNTY, PINN8YLVAlfIA I I HO. f):i n,)h (' IVIL TH'rn I I I CIVIL ACTION - DIVORCI va. DONNA L. NoOMlIN, Defendant WAIVER OJi' NOTICE OF INTENTION TO REQUEST ENTRY OF A ()IVORCJi~ IlECREE UNDER SECTION 3301(c) OF TilE mVORCE COilE 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 Decree of Divorce 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED I '-1118/9(p HA~C~~~ Plaintiff . h M '".. i i ...:. ., r~ ! (.') , ..... :zJ H: , , J , t.~ . c: .I 1!1 " 1'1 ~... 1'- ;11 ~, I '...... I , ,'J <. " , . ., . KARl 8. MoGAKIN, Plaintiff I IN THI COURT or CONKON PLlA8 I CUMBIRLAND COUNTY, PINN8YLVANIA I I NO. I I I CIVIL ACTION - DIVORCI VI. DONNA L. MoGAKIN, Dlfen4ant AlfFJI)A VIT OF CONSENT 1. A complaint in Divorce under 3301(0) of the Divorce Code was filed on December 27, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the fiUng of the Complaint and service of the complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Requsst Entry of Divorce Decree or at any rime after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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. S4904 relating to unsworn falsification to authorities. DATEDl Grlll/IGi ~~ll \~a!G" o NA L. McGAIlEN Defendant ~ 0\ (; In 'i# Ih 1"1 F,l~ If ..- l:.t :~~ 0 . ~!il r. "J Jr.l pi .~ iiJfe 1:'" ,! ~ 'J :, ~ tl) a CJ\ . .. . . .. , " . . . HARK I. HOQADIIf, plaintiff I IIf THI COURT or COKMON PLIAI I CUHBIRLlIfD COUNTY, PIIflfIYLVAHIA I I NO. I I I CIVIL ACTION - DIVORCB va. DOIflfA L. Ho~i~BN, Defendant - WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF TilE 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 Decree of Divorce 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATEDl Cr,/N/~(P ~VIt)~1 ~ vfL&IU'll0 DO NA L. McGAHEN Defendant 11: Cl ~ a: 1~' 2 I: t( ~ l' e; j!.: ~ ll, U'J o (T\ "- {-. ;( '.'~~ ,). .)~ (i~ '-0; "I':'> . - r;.;.J ~j~ a . . .. " MARl S. HCGMBN, plaintiff . IN THB COURT OF CONHON PLBAS . CUMBBRLAND COUNTY, PBNNSYLVANIA : NO. ? 'J IJ) y (/ / ." ( ,,) t~ . . . CIVIL ACTION - DIVORCB , CUSTODY 11"- va. DONNA L. HCGMBN, Defendant ORDER OI~ COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the arties and their respective counsel appear before I'ch,", '" , Esquire, the Fonciliator, at 'C;' . ~ . , ('~(lYf ~I J Pennsyj]an a, on h' the '1-). I~ day of .Jc\l'L."~11 , 19 C:t'll" o'clock h .m. for a Pre- Hearing Conference. At such Con erence, an effort will be made to resolve the issues in dispute; or, if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. Either party may bring the child who is subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. For the Court. By: ~Iz<dj .1 ,g,\,,~'p c"~. Custody concilhtor v..r,;;,r. YOU SHOULD TAlE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TBLEPHONE THE OFFICE SET FORTH BBLOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dated: -\- .~. "I L. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 MARl S. MCGMIN, I IN THB COURT or CONHON PLEAS plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I ve. I NO. I DONNA L. MCGMBN, I Defendant I CIVIL ACTION - DIVORCB , CUSTODY NOTICE TO DEFEND ANI> CLAIM RIGHTS yOU HAVB BBBN SUBD 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 olaim or relief or property or other rights important to you, inoluding 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 Off ice of the prothonotary, cumberland county courthouse, One courthouse Square, carlisle, Pennsylvania. Ir YOU DO NOT rILB A CLAIM FOR ALIMONY, DIVISION or PROPBRTY, LAWYBR'S FBBS OR BXPBNSBD BBFORB A DIVORCB OR ANNULMBNT IS GRANTBD, YOU HAY LOSB THB RIGHT TO CLAIM ANY OF THBM. YOU SHOULD TAIB THIS PAPBR TO YOUR LAWYBR AT ONCE. IF YOU DO NOT HAVB A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TELBPHONB THB OFFICB SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HELP. COURT ADMINISTRATOR cumberland county courthouse, 4th Floor One courthouse Square Carlisle, PA 17013 (717) 240-6200 MARl S. MCGAHIN, I IN THB COURT or COMMON PLBAS plaintiff I CUMBBRLAND COUNTY, PENNSYLVANIA I va. I NO. I DONNA L. MCGAHBN, I Defendant I CIVIL ACTION - CUSTODY COMPLAINT UNI>ER SECTION 3301(c) or 330l(d) D.' TilE mVORCE CODE WITH CUSTODY COUNT 1. Plaintiff is MARK S. MCGAHEN, who resides at 137 Lancaster BOUlevard, Mechanicsburg, PA 17055. 2. Defendant is DONNA L. MCGAHEN, who, upon information and belief, resides at 804 virginia Road Mechanicsburg, PA 17055 3. Plaintiff and Defendant have been bona fide residents of this commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 22, 1987, in Cumberland county, Pennsylvania. 5. The parties have been living separate and apart since on or about November 12, 1995, a date prior to the filing of this complaint. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. B. Plaintiff and Defendant are both citizens of thu united states. 9. plaintiff has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the court. 10. Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHBRBrORB, Plaintiff requests that Your Honorable Court enter a Decree of Divorce. CUSTODY COUNT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as though set forth in full. 12. The parties are the parents of two minor children, Jared Mark McGahen, born October 27, 19BB and Taryn Nicole McGahen, born on september 1, 1993. 13. Plaintiff seeks primary physical and legal custody of the following minor children I I:iAHE PRESENT ADDRESS DATE OF BIRTH 137 Lancaster Boulevard October 27, 19BB Mechanicsburg, PA 17055 137 Lancaster Boulevard September 1, 1993 Mechanicsburg, PA 17055 Jared and Taryn were born in wedlock. Jared Mark McGahen Taryn Nicole McGahen The children are presently in the custody of father who resides at 137 Lancaster Boulevard, Mechanicsburg, PA 17055. 14. During the last five years, the children have resided with the following persons and at the following addresses I NAMES ADDRESSES DATES Mark S. McGahen 137 Lancaster Boulevard 11-12-95 Mechanicsburg, PA 17055 to preeent Mark S. McGahen 137 Lancaster Boulevard 6-92 to Donna L. McGahen Mschanicsburg, PA 17055 11-12-95 Mark S. McGahen 1910 carlisle Road Birth to Donna L. McGahen Mechanicsburg, PA 17055 6-92 The mother of the children is DONNA L. MCGAHEN, upon information and belief, is residing at B04 Virginia Road, Mechanicsburg, PA 17055. She is married. The Father of the children is MARK S. MCGAIIEN residing ar 137 Lancaster Boulevard, Mechanicsburg, PA 17055. lie is married. 15. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: I:iAHE Jared Mark McGahen Taryn Nicole McGahen RELATIONSHIP Son Daughter 16. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons I I:iAHE Deb Itinger RELATIONSHIP Friend 17. Plaintiff has not participated ae a party or witness, or in another capacity, in other litigation concerning the custody of the childron in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this commonwealth or in another state or commonwealth. VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made sUbject to the penalties of IB Pat C.S. S 4904 relating tc unsworn falsification to authorities. ~,jJ(~~ ~. 1"/ Ft ..... ~~(-; -r f If) <, I "I" b;') . r .'~' I'. t. ti H~ .. - - - ;:2 .~ t~ " , :J" Q<-:J -:..i:,' .. 'I~l '., ~..; ~,), t;"! I' '. , ~' 1i1dl ~ ~.:.,1 u.; :5 tl ,.' ~ t ~ ... -t k.~ "6' , .' ... , 11 !]rrl \I\!~,J OUltttlJ I LU.l IIll0'lllLI "d 'OUr,SSIUU"H 811'D )(011:11..1.1I0 .l&Od avow NMoJ.6iNOr 0.,...8 :a~InOS:a 'U1V1El '.:I VI:ION ,. .. .., .. . . 0 \1) () C U\ ';'1) jOc'" ..~ I "'t".,. t/" .;". \'11 m:. ~" .~~ :;:( .- C..I 'J Ii' ' /, (, '~ >',,/ ~, ..1 '~ , ...... "ct"" I,; f<, 1....... .' ~fl $1\ r- oo ~l . d !q k ... <<. MARl S. MCGAHBN, plaintiff I IN THB COURT OF COMMON PLBAS I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. 95 - 7328 civil Term I I I CIVIL ACTION - CUSTODY VI. DONNA L. MCOAHIN, Defendant ORDER ,- 1'-; ! day of ~Uc.U " ,': - . -, 1996 after review of the Stipulation for custody enter~d into: on';.~ " L, ':":') February 9, 1996 by and between Mark S. McGahen (hereinafter known <I )1.) as "Father") and Donna L. McGahen (hereinafter known as JIHother,,);"1 -..., '1 who are the parents of two minor children, Jared Mark McGahen, born; AND NOW, this ~~ October 27, 19BB, and Taryn Nicole McGahen, born September 1, 1993, it is hereby ORDERBD AND DBCRBBDI 1. Father and Mother shall share physical and legal custody of their two (2) minor children. 2. Father shall have physical custody of the minor children from after school/daycare on Mondays until after school/daycare on Tuesdays; from after school/daycare on Wednesdays until after school/daycare on Thursdays; on alternating Fridays from after school/daycare until Saturday at 11:00 a.m.; and on alternating weekends from Saturday at 11100 a.m. until after school/daycare on Monday. The alternating weekend shall not be contiguous with the alternating Friday. 3. Mother shall have physical custody of the minor children from after school/daycare on Tuesdays until after school/daycare on Wednesdays; from after school/daycare on Thursdays until after school/daycare on Fridays; on alternating Fridays from after school/daycare until Saturday at 11100 a.m.; and on alternating weekends from Saturday at 11:00 a.m. until after school/daycare on Monday. The alternating weekend shall not be contiguous with the alternating Friday. 4. For Easter Sunday, the party without custody of the children for the weekend shall have the minor children from 12:00 noon until 7:00 p.m. 5. Thanksgiving from 8:00 a.m. until 8:00 p.m. shall be alternated with Father having custody in even numbered years and Mother having custody in odd numbered years. 6. Christmas ehall be divided into two (2) segments. Segment A shall be from 6100 p.m. on December 24 until 3100 p.m. on Christmas Day and Segment B shall be from 3:00 p.m. Christmas Day until 6:00 p.m. on December 26. Mother shall have Segment A in even numbered years and Segment B in odd numbered years. Father shall have Segment B in even numbered years and Segment A in odd numbered years. 7. Mother shall have custody on Mother's Day from 11:00 a.m. until 6:00 p.m. and Father shall have custody on Father's Day from 11:00 a.m. until 6:00 p.m. 8. Mother and Father shall each have throe (3) nonconsecutive, uninterrupted weeks of custody during the summer. Each party shall give the other party at least 30 days written notice of their intention to exercise these weeks. First notice shall take priority in the event of conflict. Any week selected by a party shall commence at 11100 a.m. on Saturday of the party's normal alternating weekend and conclude at 11100 a.m. the following Saturday. Father's weeks may be taken either during the summer or at other times of the year, particularly to visit with cousins in Las Vegas, Nevada and Ocala, Florida. 9. The parties shall endeavor to provide a stable and nurturing environment for the minor children. 10. The parties shall cooperate with each other to accommodate any reasonable requests for schedule changes. MARl S. MCGARBN, plaintiff I IN THB COURT or COMMON PLBAS I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. gS - 7328 civil Term I I I CIVIL ACTION - CUSTODY VS. DONNA L. MCGAHBN, Defendant STIPULATION FOR CUSTODY Mark s. McGahen (hereinafter, IIFather") and Donna L. McGahen (hereinafter IIMother") having reached agreement with respect to custody issues involving their minor children Jared Mark McGahen, born october 27, 19BB, and Taryn Nicole McGahen, born September 1, 1993, hereby stipulate and agree as follows: 1. Father and Mother shall share physical and legal custody of their two (2) minor children. 2. Father will have physical custody of the minor children from after school/daycare on Mondays until after school/daycare on Tuesdays; from after school/daycare on Wednesdays until after school/daycare on Thursdays; on alternating Fridays from after school/daycare until Saturday at 11:00 a.m.; and on alternating weekends from Saturday at 11:00 a.m. until after school/daycare on Monday. The alternating weekend will not be contiguous with the alternating Friday. 3. Mother will have physical custody of the minor children from after school/daycare on Tuesdays until after school/daycare on Wednesdays; from after school/daycare on Thursdays until after weekends from Saturday at 11:00 a.m. until after school/daycare on Monday. The alternating weekend will not be contiguous with the alternating Friday. 4. For Easter sunday, the party without custody of the children for the weekend will have the minor children from 12100 noon until 7:00 p.m. on Easter Sunday. 5. Thanksgiving from BIOO a.m. until BIOO p.m. will be alternated with Father having custody in even numbered years and Mother having custody in odd numbered years. 6. Christmas will be divided into two (2) segments. Segment A will be from 6:00 p.m. on December 24 until 3:00 p.m. on Christmas Day and Segment B will be from 3:00 p.m. Christmas Day until 6:00 p.m. on December 26. Mother will have Segment A in even numbered years and Segment B in odd numbered years. Father will have Segment B in even numbered years and Segment A in odd numbered years. 7. Mother will have custody on Mother's Day from 11100 a.m. until 6100 p.m. and Father will have custody on Father's Day from 11100 a.m. until 6:00 p.m. B. Mother and Father shall each have three (3) nonconsecutive, uninterrupted weeks of custody during the summer. Each party shall give the other party at least 30 days written notice of their intention to exercise these weeks. First notice shall take priority in the event of conflict. Any week selected by a party shall commence at 11100 a.m. on Saturday of the party's normal alternating weekend and conclude at 11100 a.m. the following Saturday. Father's weeks may be taken either during the summer or , . at other times of the year, particularly to visit with cousins in Las Vegas, Nevada and Ocala, Florida. 9. The parties will endeavor to provide a stable and nurturing environment for the minor children. 10. The parties will cooperate with each other to accommodate any reasonable requests for schedule changes. [k'l ~\\D, ~ J \\S~~J(l~Y'-) -MARl( S. HeOAHilN Pew;t? /., ....,/~~ '~-')- '1 I. /$d/~ ~~ DQNNA-In-Mc N 1J:t1/1f #lr&Q);M 1~/;jII}~)f1 1-7. ZJti€/j Wit ss