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Home My WebLink About00-01091 ,> ~, CUMBERLAND COUNTY ADULT PROBATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND:COUNTY PENNSYLVANIA Plaintiff VS. CML ACTION - LAW Brian Roger Fahnestock 1126 Newville Rd Carlisle, Pa. 17013 NO. , . ncZC;---C;--O -- (0 Cf I < 'plviLTERM !Ii '~. I ~ : : Defendant/Address RE: NO. 99-2190 CRIMINAL 1ERi\1 PRAECIPE TO ENTER JUDGMENT TO. TIlE PROnrONOTARY: Enter judgment in favor of plaintiff, Cumberland County Adult Probation, and against "defendant in the amount of $ l' 7 h 1 '< Ll pursuant to 42 Pa. C.S.A. Section 9723 as set forth in the atta"hed statement of certified case ~osts and fines. ' pennis E. Lebo, Clerk of Court ,Date: 2-28-00, ~~~ ) AND NOW,this o(f{* dayof HhYU.ct.ry ,d..~.judgrnentisentered in favor of the Plaintiff andagainst the Defendant in the amount set forth above. ENTRY OF JUDGMENT Curtis R. Long, Prothonot;iry Attachment cc: Defendant Probation Clerk of Court 142016012800 ,CCS746 .~ ******************** *STATEMENT OF COSTS* ******************** Page 13 1728/2000 Case No. 1999-02190 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, pa I7013 FAHNESTOCK BRIAN ROGER 1126 NEWVILLE RD CARLISLE, PA 17013 =====~=================================================~================~======= Date Transaction Debit Credit Balance 12/14/99 COURT COSTS 23.10 23.10 Totals 23.10 23.10 12/14/99 SHERIFFS COST 1.50 1. 50 Totals 1.50 1.50 12/14/99 OFF F.E. ACT158 5.00 5.00 Totals 5.00 5.00 12/14/99 CCC ACT 139 15.00 15.00 Totals 15.00 15.00 12/14/99 CVC ACT 139 15.00 15.00 Totals 15.00 15.00 12/14/99 DVC - ACT 44 10.00 10.00 Totals 10.00 10.00 12/14/99 STATE COST A 8.29 8.29 Totals 8.29 8.29 12/14/99 STATE COST B 7.11 7.11 Totals 7.11 7.11 12/14/99 JCP FEE 1.50 1.50 Totals 1.50 1.50 12/14/99 DISTRICT ATTY 10.00 10.00 Totals 10.00 10.00 12/14/99 PLEA 75.00 75.00 Totals 75.00 75.00 12/14/99 NON-DUI CP COST 200.00 200.00 142016012800 .CCS746 ~- ******************** *STATEMENT OF COSTS* ******************** Page 14 1728/2000 Case No. 1999-02190 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa 17013 FAHNESTOCK BRIAN ROGER 1126 NEWVILLE RD CARLISLE, PA 17013 Totals 200.00 200.00 12/22/99 SHERIFFS COST 13.64 13.64 \ Totals 13.64 13.64 01/04/00 SHERIFFS COST 3.10 3.10 Totals 3.10 3.10 01/10/00 SHERIFFS COST 3.10 3.10 Totals 3.10 3.10 01/25/00 STATE FINES 1000.00 1000.00 Totals 1000.00 1000.00 01/25/00 CAT FUND 30.00 30.00 Totals 30.00 30.00 01/25/00 EMS 10.00 10.00 Totals 10.00 10.00 01/25/00 STATE FINES 300.00 300.00 Totals 300.00 300.00 01/25/00 ADMIN. FEE 25.00 25.00 Totals 25.00 25.00 01/25/00 COURT COSTS 5.00 5.00 Totals 5.00 5.00 Case Totals 1761.34 .00 1761.34 You are liable for the above costs Pursuant to Title 42 of Judiciary and Judicial procedure, 42 PA CSA 9728, the Prothonotary is authorized to confess iudgment on all unpaid costs and issue an execution and place same in tne fiands of 142016012800 '0 . CCS746 ******************** *STATEMENT OF COSTS* ******************** Page 15 1728/2000 Case No. 1999-02190 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I70l3 FAHNESTOCK BRIAN ROGER 1126 NEWVILLE RD CARLISLE, PA 17013 the Sheriff for the collection. We trust you will give the above account your prompt attention. ,~-~,...--, 0 ~ f ~ ~ c,~ ~ ~ ~ ~ G . -...- '~'7:') 2:lP.T A -':-,,?,Tfil b-I~" , .h~ ,"" -Jlll..._ nuo:le'miKiJ!1,:; ~1~~il1lla -.-. .,-........€' !),..r o ~~. -ot:n f111"\1 ~~' G'_ ~- ;~ ==i. --< o o ..." "" C7:J N Q:l .. . o -r'. :-= ?: ~ i'-,':..,:;]. -,.:tCI:\ .--,-- :~';:' '3~ '--' ...~ :b -< 9 :'0 en IN THE COURT OF COMMON PLEAS TRACY L. BABCOCK, Plaintiff VERSUS ALLEN E. BABCOCK, Defendant Of CUMBERLAND COUNTY STATE Of PENNA. NO. 00 - 1092 Civil Term IN DIVORCE DECREE IN DIVORCE aND NOW,~ ~'~'' , it IS ORDERED AND DECREED THAT TRACY L. BABCOCK ALLEN E. BABCOCK AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Marital Settlement Agreement dated February 15, 2000 are incorporated but not merged into this Decree in Divorce. MARITAL SETTLEMENT AGREEMENT b yand between TRACY L. BABCOCK, of 940 Gobin Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as WIFE, and ALLEN E. BABCOCK, of 940 Gobin Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been joined in marriage on January 7, 1989, in Ohio; and WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and in general, the settling of any and all claims and possible claims against the other or against their respective estates. NOW, THEREFORE, in consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this file: babcock MSA tjb February 9, 2000 agreement with which to consult with counsel. WIFE is represented by Carol J. Lindsay, Esquire, and HUSBAND has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2. Divorce: In the event that one or another party files a Complaint for Divorce, the parties agree to cooperating in the entry of a Decree in Divorce. The parties will execute, 90 days after the filing and service of the Complaint in Divorce, Affidavits of Consent and Waivers of Notice under Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3. Personal Property: WIFE will retain the 1999 Volkswagen Jetta which is leased to the parties jointly. WIFE will make the lease payments each and every month and shall indemnify and hold HUSBAND harmless on account of any loss from her failure to do so. HUSBAND will retain the 1993 Chevrolet Truck. The truck is liened by Bank of America and the loan payments are a direct allotment from WIFE's pay. HUSBAND will pay to WIFE $202.77 each and every month commencing January, 2000 on or before the 12th day of each until Bank of America is paid in full. So long as HUSBAND is making said payments to WIFE, WIFE will continue to permit the payments to Bank of America to be made by allotment and will indemnify and hold HUSBAND harmless on account of any obligation for the truck. Upon the payment in full, WIFE will transfer to HUSBAND all her right, title and interest in the Chevrolet Truck. The parties shall have certain investments and IRA funds individually titled. The parties shall each retain those accounts titled in his or her own name and the other hereby releases 2 file: babcock MSA tjb February 9, 2000 any claim he or she may have on such accounts. Specifically, WIFE will retain the USPA IRA, the Fidelity Destiny II Mutual Fund, and savings and checking accounts at the Bank of America. HUSBAND will retain his USPA Roth IRA and his USAA simple IRA and his checking account at Harris Savings. Each of the parties shall retain his or her own pension or retirement plans. Each party releases any and all claim he or she may have against the retirement plan of the other. 4. Real Property: The parties are owners of a home at 940 Gobin Ddve, Carlisle, Cumberland County, Pennsylvania. Within twenty-one (21) days of the date of this Agreement, HUSBAND will transfer to WIFE all his right, title and interest in the marital home by executing a Special Warranty Deed. WIFE will be solely responsible for any obligation on the mortgage, taxes, and insurance for the marital home and shall pay the mortgage payment to USAA each and every month as it comes due and shall indemnify and hold HUSBAND harmless on account of any loss as a result of the marital home. Within eighteen (18) months of the date of this Agreement, WIFE will refinance the marital home, or sell it, so that HUSBAND is no longer liable on the mortgage, and his VA eligibility is restored. The parties are owners of a time-share at Vistana Resort. The parties will cause the time-share to be listed for sale and shall apply the proceeds therefrom to the Chase/Shell credit card in the approximate amount of $2,700.00. The Chase/Shell card is HUSBAND's credit card. The parties agree that WIFE shall not cause any further charges to be made on the Chase/Shell and that HUSBAND shall be solely and individually liable for any charges to the Chase/Shell card made by HUSBAND after the date of this Agreement. In the event that any sums remain from the sale of the Vistana property after the Chase/Shell card is paid, said proceeds will be applied to a Bank of America loan used to purchase HUSBAND's Chevrolet truck for which loan WIFE is solely liable. 3 fi]e: babcock MSA. tjb February 9, 2000 5. Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: The parties have, in their own names, certain credit card accounts which may include some marital debt. WIFE shall be solely and exclusively responsible for the payment of the joint Bank of America Visa, and the CitiBank card with a balance of approximately $12,500.00. As of the date of this Agreement, HUSB, AND will not use the joint Bank of America or CitiBank card, and WIFE shall pay the balance of Bank of America credit card and CitiBank credit card subject to the application of payment of such debts from the sale of the time-share as set out in Paragraph 3 above. 7. Custody: The parties are parents of a child, Morgan Babcock, born August 1, 1998. The parties shall share legal custody of Morgan. WIFE shall have temporary primary physical custody of the child, and HUSBAND shall have liberal periods of partial custody of the child as the parties can agree, consisting at the least of alternating weekends from Friday after work until Sunday evening and two afternoons and evenings per week until 7:00 p.m. In the event that one or the other party relocates, HLISE~AND shall have periods of custody of at least eight weeks per year with the child. Additionally, HUSBAND has custody of the child on Christmas in alternating years, beginning with 2000 and continuing in even numbered years thereafter. It is the purpose of the parties to encourage a relationship with both parents. 8. Child Support: WIFE agrees that she will not seek child support from HUSBAND and that she will pay all of the costs, including the cost of daycare for the child. Nevertheless, so long as he receives any part of WIFE's BAQ, HUSBAND shall pay the daycare cost for the child. Upon the cessation of BAQ payments to HUSBAND, WIFE will be solely responsible for the 4 file: babcock MSA, tjb February9, 2000 payment of daycare costs. The parties recognize that one or the other of them cannot bargain away their child's right to child support. Nevertheless, in the present circumstances, it is the parties' intention to be bound by the provisions of this paragraph. HUSBAND will pay the costs of tuition, room and board for post-secondary education for the child after the child has made reasonable applications for available federal and state grants and scholarships afforded by the college or post-secondary institution the child will be attending. 9. Income Tax: The parties shall file a joint federal income tax return for 1999. In the event that such filing results in a tax obligation, WIFE will be solely responsible for payment of said tax. In the event that the parties enjoy a refund, they will equally split the amount refunded. Beginning in the year 2000 and continuing thereafter so long has she is primary physical custodian, WIFE will claim the child as the exemption on her federal income tax return. 10. Exchange of Information: The parties have requested from each other and received any information regarding their assets, liabilities, income and expenses which the party requires prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23 Pa. C.S.§3502 including the length of the marriage; any prior marriage of the parties; the age, health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by each party to the education, training or increased earning power of the other; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciate of the marital property, including the contribution of a party 5 fife: babcock MSA, tjb February 9, 2000 as homemaker; the value of the property set apart to each party; the standard of living of the parties during the marriage; the economic circumstances of each party including federal, state and local tax ramifications at the time of the division of the property, and whether the party will be serving as custodian of any dependent minor children. 11. Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 12. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 13. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 14. Agreement Not to be Merged: This agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 15. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 16. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests or claims in or against the property (including income and gain from property hereafter accruing, of the other) or 6 file: babcock MSA. tjb February 9, 2000 against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any par[ thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of doWer or cur[esy, or widows' or widowers' 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 other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente rite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 term thereof. It is the intention of HUSBAND and WIFE to give to each other by the 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 term thereof, subject, however, to the implementation and satisfaction of the condition precedent as set forth herein above. 17. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party file: babcock MSA, tjb February 9, 2000 shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~---"/) (Seal) fSeal) Allen'"E Babcock ~ ' 8 TRACY L. BABCOCK, : Plaintiff : VS. ALLEN E. BABCOCK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 00- 1092 ClVlL TERM .. Defendant : IN DIVORCE To the Prothonotary: PRAEClPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) ,~on~/,~w .... ~/~1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant, Allen E. Babcock, March 7, 2000 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff July 5, 2000; by the Defendant July 5, 2000 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 7-25-00 (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 7-25-00 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 7-25-00 Carb[ J.(~'~, Attorney~r Plaintiff TRACY L. BABCOCK, VS. ALLEN E. BABCOCK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00 - /~ CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~ !~sq~uire~-- Carlisle, PA 17013 (717) 243-5513 Babcock Complaint in Divorce tjb February 25, 2000 TRACY L. BABCOCK, Plaintiff VS. ALLEN E. BABCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00- /~'~',?-- CIVIL TERM IN DIVORCE COMPLAINT TRACY L. BABCOCK, Plaintiff, by her attorneys, FLOWER, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Tracy L. Babcock, who currently resides at 940 Gobin Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since April, 1999. 2. The Defendant is Allen E. Babcock, who currently resides at 143 North Hanover Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania, where he has resided since January 1, 2000. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 7, 1989, in Ohio. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. Babcock Complaint in Divorce tjb February 25, 2000 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff Carol J. Lin"Ss'ay, Esquire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 VERIF~ I, hereby verify that the statements made in the within instrument 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. Section 4904, relating to unsworn falsification to authorities. Date: ~'/7~ ,2000 TRACY L. BABCOCK, VS. ALLEN E. BABCOCK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00- 1092 CIVIL TERM iN DIVORCE AFFIDAVIT OF CONSENT 2000. 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 28, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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. Tracy L/Bab(~bck, Plaintiff Date: ___~___~-Z.. TRACY L. BABCOCK, VS. ALLEN E. BABCOCK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00- 1092 ClVlL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER _63301~c) OF THE DIVORCE CODF 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 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. yl../- c{o-ck; Plaintiff Date: -~' ~ '~0~ TRACY L. BABCOCK, Plaintiff VS. ALLEN E. BABCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00- 1092 ClVILTERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 28, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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 unswom falsification to authorities. - - Allen'E. Babcock, De-e-e~endant Date: TRACY L. BABCOCK, VS, ALLEN E. BABCOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 00- 1092 ClVlLTERM : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301¢c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights conceming 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 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. -~,llen E. Babcoc-~, De~e'~dant Date: ~.~2~' ~'~',/?g Y <::20 TRACY L. BABCOCK, : Plaintiff : : VS. : : ALLEN E. BABCOCK, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00- 1092 ClVIL TERM IN DIVORCE ACCEPTANCE OF SERVlCE I, Allen E. Babcock, Defendant above, accept service of the Complaint in Divorce in the above captioned matter. ~~.~.~? 143 North Hanover Street, Apt. 2 Carlisle, PA 17013 Date: II Ciri~ PA TRACY L. BABCOCK, VS. ALLEN E. BABCOCK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 00- 1092 ClVlLTERM : : IN DIVORCE ORDER OF COURT AND NOW this /&" day of '~'~'~'""7 ,2~, upon consideration of the within Stipulation for Custody, the terms of the Stipulation for Custody is hereby made an Order of Court. By the Court, SAIDIS TRACY L. BABCOCK, VS. ALLEN E. BABCOCK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 00- 1092 ClVIL TERM : : IN DIVORCE STIPULATION FOR CUSTODY The parties hereto stipulate as follows: 1. They are the parents of a child, Morgan Babcock, born August 12, 1998. 2. Custody of Morgan is controlled by a Marital Settlement Agreement entered into by the parties on February 15, 2000 and incorporated into a Decree in Divorce on August 8, 2000. Pursuant to Paragraph 7 of the Marital Settlement Agreement, the parties share legal custody of Morgan, and Tracy L. Babcock, hereinafter MOTHER, enjoys temporary primary physical custody of the child, and Allen E. Babcock, hereinafter FATHER, enjoys liberal periods of partial custody of the child consisting of alternating weekends, two afternoons and evenings per week, and alternating Christmas holiday. 3. Mother is a Captain in the United States Army who is reassigned from Cadisle Barracks to Fort Meade, Maryland. The reassignment is a permanent change of station determined by the military and will be effective March 9, 2001. Fort Meade, Maryland is approximately 117 miles from Father's residence in Carlisle, Pennsylvania. 4. Effective March, 9, 2001, the parties shall share legal custody of Morgan Babcock. Mother shall have primary custody of said child subject to periods of partial custody in Father on alternating three day weekends. The weekends may be exercised from Thursday after work until Sunday evening, or SAIDIS from Friday after work till Monday evenings at Father's discretion, provided that he confirms with Mother by the Wednesday preceding the weekend the days on which he will be exercising his rights of partial custody. 5. During his periods of partial custody, in the event that Father must work and cannot care for the child, he will use Lucy Saphore or Carlisle Barracks daycare center as the daycare providers for Morgan, or such other caregiver as the parties can agree. 6. Father shall continue to enjoy custody of the child on alternating Christmases in even numbered years and Mother shall have custody of the child on alternating Christmases in odd numbered years. 7. Transportation of the child for periods of partial custody shall be shared by the parties. Whenever Mother is travelling to the Cumberland County area, she will transport the child both to and from periods of partial custody. The parties will consult with each other regarding the sharing of transportation during periods of partial custody. If the parties cannot agree on a method for sharing transportation, they will exchange the child in Frederick, Maryland at a convenient restaurant near Route 15. 8. The parties agree that the terms of this Stipulation shall be entered as an Order of Court. Trac/y L. ~abcock, Mother D /'""- y ' ~ ..... Witness Allen E. Babcock, Father TRACY L. BABCOCK, Plaintiff ALLEN E. BABCOCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 00- 1092 CIVILTERM : : IN CUSTODY PETITION FOR RELOCATION AND MODIFICATION OF CUSTODY ORDER. AND NOW, comes the Plaintiff/Petitioner, Tracy L. Babcock, by and through her counsel, Jane Adams, Esquire, and files this Petition for Permission to Relocate and Modify Custody, and in support thereof states as follows: 1. plaintiff/Petitioner, Tracy L. Babcock, (hereinafter referred to as "Mother"), is an adult individual who currently resides at 1166 Jeffrey Drive, Crofion, Maryland, 21114. 2. Defendant/Respondent, Allen E. Babcock, (hereinafter referred to as "Father"), is an adult individual who currently resides at 143 N. Hanover St., Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of a minor child, namely, Morgan Harrison Babcock, bom August 12, 1998 (hereinafter referred to as "Morgan"). 4. Pursuant to an Order of this Honorable Court dated February 12, 2001, Mother and Father share legal custody of their children with Mother having primary physical custody and Father having partial physical custody. A copy of the February 12, 2001 order is attached hereto marked Exhibit "A" and incorporated by reference herein as if set forth at length. 5. Mother works as Chief of Logistics for the United States Army in Fort Meade, Maryland. 6. Mother intends to retire from the Army effective M,~cch 2004 and would like to relocate with Morgan to Portage County, Ohio in January 2004.. 7. Mother intends to retire from the military in order to preclude future military assignments which may include relocating overseas or combat deployment. 8. Mother is originally from Portage County, Ohio, and her extended family consisting of her mother, step-father, and three sisters all reside in Portage County, Ohio. 9. In the past three and one-half years during mother's military training away from home, Morgan stayed with maternal grandparents on more than two dozen occasions when father was unavailable. 10. Mother's extended family is a support system for both child and mother and Morgan is well bonded to this extended family. 11. Mother's military retirement is adequate to maintain a comfortable standard of living with supplementation from only part-time work. 12. Morgan is currently scheduled to enter Kindergarten in the fall of 2003 in Maryland. 13. Mother desires to obtain a substitute teaching position and work while Morgan is attending school. 14. In the Portage County, Ohio school system, mother could substitute teach with no formal training other than her current college degree. 15. Mother cannot substitute teach in Pennsylvania because she does not have a teaching certificate. 16. Working as a substitute teacher would permit Mother to spend more time with Morgan before and after school, during the holidays, and over the summer. 17. Since June 2002, Mother has informed Father of her intent to relocate to Ohio; Father has repeatedly indicated that he will not consent to the proposed relocation. 18. Under the current order, father is to have two three-day weekends a month, and alternating Christmas holidays with the child. 19. The current custody order was entered before Morgan attended school; Morgan will attend Kindergarten in the fall of 2003 and the current custody schedule will not be workable during the school year. 20. Father has exercised approximately 60% of his available periods of custody since January 2000. 21. Mother is willing to provide alternative custody arrangements in the summers and on school holidays which would give father the same amount of time as the current custody Order. 22. Mother's motive in requesting the move is that she helieves the move will substantially improve not only her life but also the child's life. 23. Mother believes that this move will be in the child's best interest and that adequate alternative partial physical custody can be arranged for Father. WHEREFORE, Plaintiff requests the court to grant relocation and modification of the custody order regarding the child. Date: Respectfully submitted, ~J~ne Adams, Esqui e -- lA). No. 79465 -- ~-x,,.__.~36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF TRACY L. BABCOCK, SA1DIS SHUFF, FLOWER &LINDSAY V$, ~,LLEN E. BABCOCK, Plaintiff Defendant ~ IN THE COURT O~ COMMON PL~$ O~ CUMBERLAND COUNTY, PENNS'~LVANIA CIVIL ACTION - DIVORCE [ : NO. 00- 1092 CIVILTERM : IN DIVORCE ORDER OF COURT AND NOW this /~" day of /'~-~'"7 ' ~ upon consideration of the within Stipulation for Custody, the te~s of the S~ipulation / for Custody is hereby made an Order of CouA. By the Court, SAR)IS SHUFF, FLOWER &LINDSAY ~6 W. ]Rlgh gtr~et TRACY L. BABCOCK, VS. ALLEN E. BABCOCK, Plaintiff Defendant : IN THE COURT OF COMMON PI : CUMBERLAND COUNTY, PENN : : CIVIL ACTION - DIVORCE : NO. 00- 1092 ClVlLTERM : : IN DIVORCE 1998. STIPULATION FOR CUSTODY The parties hereto stipulate as follows: 1. They are the parents of a child, Morgan Babcock, born 2. Custody of Morgan is controlled by a Marital Settlement entered into by the parties on February 15, 2000 and incorporated into Divorce on August 8, 2000. Pursuant to Paragraph 7 of the Marital Agreement, the parties share legal custody of Morgan, and Tracy hereinafter MOTHER, enjoys temporary primary physical custody of tt Allen E. Babcock, hereinafter FATHER, enjoys liberal periods of parti~ the child consisting of alternating weekends, two afternoons and week, and alternating Christmas holiday. 3. Mother is a Captain in the United States Army who is rea-~ Carlisle Barracks to Fort Meade, Maryland. The reassignment is change of station determined by the military and will be effective Ma Fort Meade, Maryland is approximately 117 miles from Father's Carlisle, Pennsylvania. 4. Effective March, 9, 2001, the parties shall share leg~ Morgan Babcock. Mother shall have primary custody of said chil periods of partial custody in Father on alternating three day wee weekends may be exercised from Thursday after work until Sunda -'AS OF YLVANIA \ugust 12, ~greement Decree in Settlement Babcock, child, and custody of venings per signed from permanent ;h 9, 2001. esidence in custody of su~ect to ~ds. The evening, or from Friday after work till Monday evenings at Father's discretion, provide(, that he confirms with Mother by the Wednesday preceding the weekend the days ,)n which he will be exercising his rights of partial custody. 5. During his periods of partial custody, in the event that Fat er must work and cannot care for the child, he will use Lulcy Saphore or Carlisle ~arracks daycare center as the daycare providers for Morgan, or such other caregi~ .~r as the ~rties can agree. 6. Father shall continue to enjoy custody of the child on alternating Christmases in even numbered years and Mother shall have custody of thc child on alternating Christmases in odd numbered years. 7. Transportation of the child for periods of partial custody shall be shared by the parties. Whenever Mother is travelling to the Cumberlan( County area, she will transport the child both to and frorn periods of'partial cust¢ ty. The parties will consult with each other regarding the sharing of transportati(.n during periods of partial custody. If the parties cannot agree on a method fo sharing transportation, they will exchange the child in Frederick, Maryland at a c( nvenient restaurant near Route 15. 8. The parties agree that the terms of '[his Stipulation shall be an Order of Court. Trac/y L. Babcock, Mother ~ · j~ Date ~ · /,./- ),· ~. .... y Witness e~ ~tered as Allen E. Babcock, F~ther VERIFICATION I verify that the statements made in this Petition are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 7'-/~ '- 0.~ Tracy L.~abco~k, Petitioner TRACY L. BABCOCK PLAINTIFF V. ALLEN E. BABCOCK DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND CO'UNTY, PENNSYLVANIA : 00-1092 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, Thursday, July 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 01, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to def'me and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TItE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities; and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI-IE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRACY L. BABCOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : :NO. 00 -1092 : ALLEN E. BABCOCK, : IN CUSTODY Defendant : CIVIL TERM AFFIDAVIT OF SERVICE AND NOW, this July 21, 2003, I, Jane Adams, Esquire, hereby certify that on July 19, 2003, a certified true copy of the PETITION FOR MODIFICATION AND RELOCATION was served, via certified mail, return receipt requested, addressed to: Allen E. Babcock P.O. Box 1157 Carlisle, Pa. 17013 DEFENDANT Respectfully Submitted: (717) 245-8508 ATTORNEY FOR PLAINTIFF · 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: C. Signature ,~'~'~./c/~"~x~L~-~ [] Agent 3. Service lype ~]Certified Mail [] Express Mai ' [~ Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restrict~ De very? (Extra Fee) [] Yes 2. Article Number (r~s~r.~omse~l~) 7002 0860 0000 1066 '7324 PS Form 3811, March 2001 Domestic R~~~ ~5-01-M-1424 UNITED STATES POSTAL SERVICE IIII "First-Claris Mail I ~ Postage & Fees Paid] I usPs I I Permit No. G-10 ~ · Sender: Please print your name, address, and ZIP+4 in this box · TRACY L. BABCOCK, Plaintiff V ALLEN E. BABCOCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2000 - 1092 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ 49~ day of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4, on the 42 Floor of the Cumberland County Courthouse on the /,~ day of ~~ , 2003 at /f~0 _ /~.M. At this hearing, the Mother, Tracy L. Babcock, shah be the moving party and shall proceed initially with testimony. Counsel of the parties, or the parties themselves if they are not represented by counsel, shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated test'unony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. Pending further order of this court, this court's prior order of February 12, 2001 shall remain in effect. CC: ~'~ne Adams, Esquire .~len E. Babcock 143 North Hanover Street Carlisle, PA 17013 BY THE COURT, Kev~n/~Hess TRACY L. BABCOCK, Plaintiff V ALLEN E. BABCOCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 2000- 1092 CIVIL : IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Morgan Harrison Babcock, born August 12, 1998. A Conciliation Conference was held on August 1, 2003, with the following individuals in attendance: The Mother, Tracy L. Babcock, with her counsel, JIane Adams, Esquire; and the Father, Allen E. Babcock, who appeared without counsel. Mother resides in Maryland and Father resides in Carlisle. Mother desires to relocate to Ohio because of work and family reason.,;. The relocation would more than double the distance between the parties. Father's position is that he is opposed to Mother relocating because he feels it will interfere with his ability to continue a meaningful relationship with his son. The parties were unable to reach an agreement, and a hearing is necessary. The conciliator recommends the entry of an order in the form as attached. Custody Conciliator TRACY L. BABCOCK, Plaintiff ALLEN E. BABCOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00 - 1092 CIVIL TERM : : IN CUSTODY STIPULATION FOR CUSTOD___Y The parties hereto stipulate as follows: 1. Plaintiff and Defendant are the parents of a child, Morgan Babcock, bom August 12, 1998. 2. Custody of the child is controlled by a prior Stipulation and Order of February 12, 2001, under the above-captioned number. 3. Mother is Chief of Logistics in the United States Army at Fort Meade, Maryland. Mother filed a Petition for Relocation due to her retirement from the Army and desire to relocate to Portage County, Ohio, where her extended family lives and she would be able to obtain employment as school teacher during the same hours that the child will be in school. 4. The parties agree to the following: a. The parties shall share legal custody of Morgan Babcock. Both parents shall be entitled to equal access to the child's school, raedical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, demal, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. b. Mother will move to Portage County, Ohio and will retain primary custody of the child. c. Father shall enjoy periods of partial custody with the child every other weekend from Friday after school at 4:00 p.m. through Sunday at 6:00 p.m. d. Father shall continue to enjoy custody of the child on alternating Christmases in even numbered years and Mother shall enjoy custody of the child on alternating Christmases in odd numbered years. e. Father shall be entitled to a block of time with t~he child on every other holiday. f. Nothing in this agreement shall keep the parties from providing for additional or other periods of visitation as mutually agreed. 5. Transportation of the child for periods of partial custody shall be shared by the parties. The parties will consult with each other regarding the sharing of transportation during period of partial custody. 6. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with thc other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she'desires, consistent with the medical cm'e of the child. 7. This Agreement shall be govemed and controlled by the laws of Pennsylvania. 8. The parties agree that the terms of this Stipulation shall be entered as an Order of Court without further hearing. Allen E. Babcock, Father Date: 2/-~ 5'c~-'~ O~' WITNL~3-~