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HomeMy WebLinkAbout97-02190 II) > $'" ~ <C CJ "', \ i , / /- I I I I , i i i I I , ! i , ! ,o\ q . - ,:) . ~ ! ~; <.S; , I 01 ~! \ " , '. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~~ STATE OF PENNA. Pamela Carey. Plaintiff . No. 97-2190 Civil VERSUS Albert R. Carey, Jr., Defendant. II DECREE IN DIVORCE AND NOW, bd", U L1 7 I c> ,2000 ,11' IS ORDERED AND DECREED THAT Pamela Carey , PLAI NTlFF, AND Albert R. Carey, Jr. , DEFENDANT, ARE DIVORCED FROM THE BONOS 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; The attached Marital Agreement between the Darties dated February 2. 1000, shal be incorporated into this Decree in Divorce pursuant to the said Marital A2reeme By THE COURT: tJ/~ J, ATTES : PROTHONOTARY " . . " ; ..,.. .;) ,/1,1. pp dvI. t''''7 d;'J./ ~ a1- 4..A~ ~ '/(;'4' '?1~ II(;/~ ~ 4 c:Sj~ " " " v, IN THE COURT OF COMMON PLEAS UF CUMBERLAND COUNTY, PENNSYLVANIA NO 97-2190 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PAMELA CAREY, Plaintiff ALBERT R. CAREY, Defendant 2.()OO THIS AGREEMENT, made this ~N b day of l"EIM1..v..~~ ' ~, by and between Pamela Carey, hereinafter referred to as "Wife", and Albert R. Carey, (formally MARITAL SETTLEMENT AGREEMENT known as "Albert R. Carey, Jr,") hereinafter referred to as "Husband," WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on June 15, 1960, and have been separated since March, 1997; and, WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No, 97-2190 Civil Term by complaint filed on April 26, 1997; and, WHEREAS, the parties are the parents of Holly Carey, born July 20, 1961, Jacob Carey, born April 19, 1963, and Joshua Carey, born July 26, 1965; and, WHEREAS, differences have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives, The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligation'" as 1 . between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, NOW, THEREFORE, In consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code, Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without dslay, Should either party do anything to delay or deny the entry 01 such a Decree, or fail to do anything required to obtain the Divorce Decree In breach of this Agreement, the othsr party may, at his or her option, declare this Agreement null and void, 2 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable In accordance with Its terms, No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain In full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 3. ADVICE OF COUNSEL Wife is represented by David p, Perkins, Esquire and she has been advised of her respecllve rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and reg8rding alimony and spousal support, Husband is represented by Michael A. Scherer, Esquire, and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences, 3 4. TANGIBLE PERSONAL PROPERTY The parties shall own the automobiles which are in their respective possessions free and clear from claims by the other party, Husband shall become the sole owner of the 1996 FLHT Harley Davidson Motorcycle and the various guns that are currently in his possession, Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other, Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above, 6. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The former marital residence, which was located at 438 Mountain View Road, Shippensburg, PA, was sold, and the proceeds of $20,060,50 are being held in escrow by Wife's attorney pursuant to an Escrow Agreement dated September 18, 1998, The parties agree that Wife shall become the sole owner of the entire sum of said proceeds, Husband presently is a joint owner of real estate located at 320 Roxbury Road, Shippensburg, Pennsylvania, which he acquired with funds he saved following the date of separation, Wife waives and claim or interest she may have in the real estate Husband owns at 320 Roxbury Road, Shippensburg, Pennsylvania, Wife owns real estate located at the Pine Road, Newville Pennsylvania, and Husband waives any ownership interest he has in that real estate, 4 B, WAIVER OF RETIREMENT BENEFITS: Husband has earnea pensionlretirement benefits with the Carlisle Hospital and the Cumberland County Prison, The balance of Husband's retirement benefit with Carlisle Hospital for equitable distribution purposes is $8,756,000 and the balance with the Cumberland County Prison is $3,624,00, Husband shall become the sole owner of said benefits and wife waives any interest she may have in these benefits, Wife has earned pension/retirement benefits with the Chambersburg Hospital, with a balance for purposes of equitable distribution of $1 ,623,00, Wife shall become the sole owner of said benefits and Husband waives any interest he may have in these benefits, C, INTANGIBLE PERSONAL PROPERTY: Husband had an IRA with Federated Investors with a balance of $5,633,10 on March 31,1997, Husband shall become the sole owner of that IRA or of the proceeds of that IRA if it no longer exists, The parties have divided to their mutual satisfaction all other intangible personal property, including bank accounts, to their mutual satisfaction and neither party shall hereafter make a claim against the other party for any such intangible assets, 6. DEBTS AND OBLIGATIONS Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 5 'i 7. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other Indemnified against all debts, charges, or liabilities incurred by the other after lhe execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable, Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred, 8. EQUITABLE AGREEMENT Both parties agree that the herein above set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, 6 engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No, 28 of 1980, as amended, including. alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered In such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court, 11. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely Informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties, There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained, 7 13. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties, It shall be construed according to the laws of the Commonwealth of Pennsylvania, 14. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 15. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any tsrm, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force and effect. 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees, 18. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonweallh of Pennsylvania, 8 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA vs. ) Civil Action. Law ) ) ) No. 17- A'rO I I I In Divorcs a v.m. (I ~~~L, Psmsla Carey, Plaintiff, Albert R. Carey, Jr., Dsfendant, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defsnd agsinst the claims set forth In the following pages, you must tske prompt action. You are warnsd that if you fall to do so, the case may procesd without you snd a decres of divorce or annulment may be entered agsinst you by the Court. A judgmen~ may slso be entered against you for anv other claim or relief requested In these pspers by the Plaintiff. You may lose money or property or othsr rights Important to you, including custody or visitation of your children. When the ground for divorce is indignities or Irretrlevsble breakdown of ths msrrlags, you msy request msrriags counssling, A list of marrlags counselors Is avallabls In the Offlcs of the Prothonotsrv, Cumberland County Court House, Csrlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor 1 Courthouse Square Carlisls, Psnnsylvania 17013-3387 Tslephone No,: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County Is required by law to comply with the Americans with Dissbllitiss Act of 1990. For Information about accessible facilities and reasonable sccommodatlons available to disablsd Individuals having business befors ths Court, please contsct our of lice. All arrangemsnts must bs made at lesst 72 hours prior to any hsaring or businsss balors the Court. You must sttsnd the scheduled conferencs or hearing. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA Pamela Carey, Plaintiff, ) ) ) ) ) ) ) Civil Action . Law No. ?'j _ ^ I Q(} (!""..t -,-,~... Albert R. Carey, Jr., Defendant, In Divorce a v.m. COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Pamela Carey, who currently resides at 438 Mountain View Road, Shippensburg, Cumberland County, Pennsylvania 17267 since September 1993. 2. Defendant is Albert R. Carey, Jr., who currently resides at R!.Istlc Inn, 106 West King Street, Shippensburg, Cumberland County, Pennsylvania 17267 since March 1997. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months Immsdiatsly previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on Juns 15, 1980 in Orrstown, Franklin County, Pennsylvania. 6. Thers have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advissd that counssling is IIvailsble and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a dacree of divorce. I verlfv that the statements made in this Complaint are true end correct. I understand that false statements hare in are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. L/-zcrrl ) '. J J d'~l,' L Eel (r.1/, lit Plaintiff . WALKER, VAN HORN & MACBRIDE, P.C. BV '", ( r-- .. I .:J UJ' r~ ; l .' - , , , , , c; [ , r.', ._1 L l' ~ - w-~ , .' , ,,- j " , , C r'~ " c j N '<) \c;\<) I"- '" ;;:) ~ ~ ~ " T' ~''-) ~ ~Y) ~""'~ - ...... -:)-. - ~c; ~ ~~~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA Pamela Carey, Civil Action - Law Plaintiff, v. No. 97-2190 Civil Albert R. Carey, Jr., Defendant, In Divorce a v.m. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN ) Lynn Y. MacBride, Esquire, being duly sworn according to law, deposes and says that she is the attorney for ths Plaintiff, Pamela Carey, in the above-captioned matterj that she did serve a true and attested copy of the Complaint in Divorce by mslling the same to Albert R. Carsy, Jr.. Defendant, by certified mail, restricted delivsry, article numbsr P 349295953 on May 5, 1997, to his mailing address of 965 Rittner Highway, Shlppensburg, Pennsylvania 17257; that said certifisd mall article was deliversd to Defendant, Albert R. Carey, Jr., 011 May 7,1997, all as appears from the recalpt for certified mail and the raturn receipt attached hersto. WALKI:R, VAN HORN & MACBRIDE, P.C. By: <"l..I Sworn and subscribed to before me this ,\' I i1.. day of III (ll,! ' 1997. , , /l t. /-';CkJ:UIU NoW!'! 50.1 PublIC use M. Ec.kst\'\A, NF~~~\in County Chamber5bUtg B8~~iro~ Juno 3. 1999 MyComml>slon . 01'-- As;OCI3000 ,-~'-- Mu"t;oJ',f'cf....,~"..... 201IFonnlAffid."lt of Service SpeOIl Delivery Fee 8! Rtllrided Oe/I...ery Fee _ RtIum Rec.~ Sho'Ml'lg I J:: YtMm&O.IeOe~....r 0 <!lAIn""'" , 0iII,1M> ' ! TorAlP .., '" 8 POStmaJ1lOl Ie .... ' Iq;.> ~ .._~- , '\ ~1IIl ~ \ ffilki'f t; COrt~;JT' 4! : 9L,s c f,trntr ~IJll,tJ{JJ , : Yp plfl> bu pA I1Z 51) .. . I I I : 1 e. e . I'll''''"' IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA PAMELA CAREY, Plaintiff, CIVIL ACTION - LA W vs. NO. 97.2190 Civil ALBERT R. CAREY, JR., Defendant. IN IlIVOI{CE AFFIDA VIT OF CONSENT I. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on April 28. 1997, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, . I verify that the statements made in this atlidavit arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. -') J ul,.\\(~(.,\ CLtI'l~ Pamela Carey, Plaintiff Dated: ;;). do. IrO MAR~. WEiGlE. AND PEHKINS _ AITOHNEV5 AT LAW - 126 EAST KING STREET - stUPPENSBURO, PA 17257.1307 IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA PAMELA CAREY, Plaintiff, CIVIL ACTION - LA W n. NO. 97-2190 Civil ALBERT R. CAREY, JR., Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6 330\(e) OF TilE DIVORCE CODE I, I consent 10 the entry of a final decree of divorce without notice. 2, 1 understand that I may lose righls concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. ), I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ',) t (' \ fl.:\1\~Yh (( r4' ~ Pamela Carey, Plaintiff Dated; .). - ;:). - oiJ MARl<. WEIGLE AND PERKINS _ ATTORNEYS AT lAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1391 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 97.2190 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PAMELA CAREY, Plaintiff ALBERT R. CAREY, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on April 28, 1997, 2, Defendant acknowledges receipt and accepts service of the Complaint on May 7, 1997, 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice, 5, 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, 6, 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, 7, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling, I verify thatths 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, Section 4904 relating to unsworn falsification to authorities, Dale: I /;)..0 /00 I I a{L~'-t/?~ Albert R. Carey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA PAMELA CAREY, Plaintiff, CIVIL ACTION - LAW v. NO. 97 - 2190 Civil ALBERT R. CAREY, .JR., Defendant. IN DIVORCE COUNTER-AFFIDA VIT UNDER II 330Hdl OF THE DIVORCE CODE I, Check <lither (a) or (b): l!l" (a) I do not oppose the entry of a divorce decree. o (b) I oppose the cntry of a divorce decree because (Check (i), (ii) or both): o (i) The parties to this action have not lived separate and apart for a period of at least two years, o (ii) The marriage is not irretrievably broken. 2, Check either (a) or (b): o (a) [do not wish to make any claims for economic relief. (understand that [ may lose rights concerning alimony, division of property, [awyer's fees or expenses if [ do not claim them before a divorce is granted, IH" (b) [wish to claim economic relief. which may include alimony, division ofpropcrty.lawyer's fees or expenses or other important rights. [ understand that in addition to checking (b) above. ( must also file all of my economic claims with the prothonotary in writing and serve them on the other party, 1ft fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree. the divorce decree may be entered without further delay, MARK. WEIGLE ANO PERKINS _ ATfORNE\oS AT LAW _ 126 EAST I'<INO STREET -- SHIPPENSllURG, PA 114151-1 J97 I verify that the statements made in this counter-affidavit are true and correct, I understand that false statements herein are made suhjcct to the penalties of 18 Pa,C,S, ~ 4904 relating to unsworn falsification to authorities, (It~6<.d..,e e~ {h. Albert R. Carey, Jr" Defe n(' Dated: ~ - ~ :3 -1 q NOTICE: IF YOU DO NOT WISH TO OPPOSE HIE ENTRY OF A DIVORCE DECREE AND YOU 00 NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE TillS COUNTER-AFFIDAVIT. MARK, WEKiLE ANO PERKINS ATfOHNEYS AT lAW _ 12ti EAST KING STREET - SHIPPENSBURG, PA 17257-1.397 IN HIE COURT (n' COMMON PLEAS OF CUMBERLAND COUNTY, PA PAMELA CAREY, Plaintiff, CIVIL ACTION - LAW v. NO. 97-2190 Civil ALBERT R. CAREY, JR., Defendant. IN DIVORCE ORDER OF COURT ANDNOW,this 1?-.~daYOf ~ u u...~1 . 1999, upon presentation and consideration of the within Petition, a Rule is hereby issued upon Defendant, Albert R, Carey, Jr"to show cause, ifany he has. as to why the parties' divorce action should not be bifurcated, a final decrce in divorce ordered. and this Court retain jurisdiction over all economic issues. Rule returnable at a hearing to be held titf.A.tJdttt . the FI.at day of ~ r: 30 o'clock ~,m, in Courtroom number I ,1999, at ,in the Cumberland County Courthouse, Carlisle, Pennsylvania, By the Court. J. J~~ 1"- "y,\ .' " I -', . M~RK. WEIGLE AND PERKINS _ Ar'o~NCVS AT '-AW 126 EAST KING 5TREET- StllPPENSUURG. PA t 1.!51 1..1'l! 9, Both parties are gainfully employed and able to provide for their own financial needs, 10, The parties should have the opportunity to move forward with their lives through a conclusion of the divorce, which can occur through a bifurcation of the instant proceedings, II, Neither party will be harmed by a bifurcation. which will allow the divorce to be concluded while the economic issues remain to be resolved by an equitable distribution of properties, WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon the Respondent to show cause, if any he has, as to why the divorce herein should not be bifurcated, a linal decree in divorce entered and this court retain jurisdiction over all economic issues, Respectfully submitted, MARK. WEIGLE AND PERKINS Q;J (. C~ David p, Perkins. Esquire Attorney for Petitioner 126 East King Street Shippensburg, PA 17257 717-532-7388 MAHK. WEIGLE ANU PEUKINS ATTOHNEYS AT tAW l:,W EAST KINO STREET SUIPfJENSUUHG, PA 17;Zf,7 IJ97 VERIFICATION [ verify thatthll statements made in the foregoing Petition arc true nod correct, I understand that false statements herein are made subject to the penalties of 18 Po. C.S. 4904, relating to unsworn falsification to authorities. ('-;).. /, \ ((.1 \'\ .( VC.I Pamela Carey t ('(. ~""_' i-- Dated: C'. ('" C i'J- ~-Ci I MARK. WEIOlE AND PU1KIN5 - A,rOflNEV5 AT lAW 1.,6 [AS' KINCi 5"~tEl MUf>PF.NSIIUHG, PA 1101511391 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA PAMELA CAREY, Plaintiff, CIVIL ACTION - LA W i , I ! ' ! ' i I r I I I ~ I v. NO. 97-2190 Civil ALBERT R. CAREY, JR., Defendant. IN DIVORCE AND NOW, the ORDER OF COURT 'd ~ day of '1);1' .Le:! ., 1999, upon consideration of Plaint ill's Petition for Bifurcation and the parties stipulation it is hereby ORDERED that the motion is grooted ood the divorce will be bifurcated, a final decree in divorce entered and this court will retain jurisdiction over all economic issues. By the Court. J. ,', ....:1 ) ~) ., , " , . , .. J ! , -') , - , ,. J : "./ : , i i ' ,r .' - - .' . -:f) , , - (.\:;', . , : l ) , , , ,J i ,:1 '. ,:;J :'.J I '0 : I -, MARK, WEIGLE AND PERKINS _ ATTORNEVS AT LAW - 126 EAST KING STREET - SHlPPENS8URG, PA 17257.1391 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA PAMELA CAREY, Plaintiff, CIVIL ACTION - LA W v. NO. 97-2190 Civil ALBERT R. CAREY, .JR., Defendant. IN DIVORCE AGREEMENT AND STIPULATION FOR BIFURCATION This ngreement entered into this day of 1999, between Plaintiff, Pamela Carey of2187 Pine Road, Newville, Cumberland County, Pennsylvania, and Defendant, Albert R. Carey, Jr" of 320 Roxbury Road, Shippensburg, Cumberland County. Pennsylvania concerns the bifurcation of the above captioned divorce action, The parties agree as follows: I. The parties are parties to the above captioned action, which was initiated by a divorce proceeding, which was filed by the Plaintiff on April 28. 1997. 2. The parties have been separated in excess of two years. 3. The parties have been unable to agree on an equitable distribution of property acquired during the marriage. 4. The parties agree to the bifurcation of the divorce with the Court retaining jurisdiction over the economic issues of the divorce. IN WITNESS WHEREOF. the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year fll'st above written. WITNESS: G~~ ><Y ~~ J /) 1 -'c11HeCt, r air; I cf PAMELA CAREY U /l/iLtUU{IL- 4-1 ~Iu/l ~R~Ot- ALBERT R. CAREY, JR. ~ MARK, WEIGLE AND PERKINS - ATTORNEVS AT LAW - 128 EAST KING Sll~tET -- St-lIPPENSOURG, PA 17257.1397 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, the T~ It day of ()c feter- , 1999, before me, a Notary Public in and for said County and State, the undersigned officer, persolllllly appeared PAMELA CAREY, known to me (or satisfactorily proven) to be, the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. rRk Notary Public COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, the /tf day of ~(uJ, . 1999, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared ALBERT R. CAREY, JR" known to me (or satisfactorily proven) to be, the person whose name is subscribed to the within instrument. and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and c.fficia1 seal. Notarial Seal Jennifer 5, Cnlaman. Nolary Public CarlIsI8 Bora. Cumberland Counly My Commission expires Nov. 29, 1999 ,mber, Pl!nll6vlV3nla Assocl.IIO" 01 Not..ies MAUK. WEIGlI: AND PEHKINS _ ATTOfmEVS AT LAW - 1215 EAST KING STREET - SHIPPENSlJURG, PA 170!Sl.1397 f'\ r:nO:'FIr:r: ~ ,".. "., ",~ '1''' 'fll'-,l\'{ Or It . .,., "IS ql Sf I' 2S rl\:1: nO , 1"'[" Cl)i,\':~, ii' ';'"" 1 1'-"1\""','.""\ ,L" Ci, ,d \..,.. ,'. '1c)~ tJ'? aN,1 t'tJI..." /JtJ/1i a:lf 'p/~~ '1'.J5'.?J ~~ ;a.v. '&' ~. . fz.t;) &;, tf2Uu~ ~It 'YI, ~~ tf~ . IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY vs. I Plaintiff, I I I I ) Defendant, I Civil Action - Law No. 97-2190-Civll I, i' , . I ~ . Ii ; Pamela Carey, Albsrt R. Carey, Jr., Custody ORDER OF COURT AND DIRECTIVE FOR CONCILIATION Now this day of , 1997, this Order will notify ALBERT R. CAREY, JR., Defendant, that you have beon sued In court to obtain custody of ths children: Holly Carey, born July 20,1981, Jacob Albert Carey, born April 19, 1983 and Joshua Ross Carey, born July 26, 1985. It Is ordsred and directed that , Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on , 1997 at o'clock _' m. at the assigned room of the Cumberland County Courthouse, Carlisle, Pennsylvania 17257. The anticipated length of the Conciliation Confsrence is one hour. The parties along with their legal counssl shall appear in person at the designated time for the Conciliation Confsrencs. A Memorandum shall be furnlshsd to the Conciliator at least two days prior to the scheduled Conciliation Conference. Failure to provide said Memorandum may rssult In the imposition of sanctions. At the Concillstion Conference, an effort will be made to sse If the issues can be resolved by an agreemsnt between the parties. If an agresment cannot bs reached, the Conciliator will assist In defining and narrowing ths issues to reducs the time required for hsaring by ths Court. At the conclusion of ths confsrence, the Conciliator will prepare s Confsrence Summary Report for furthar action by the Court. You havs the right to be reprsssnted by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of ths scheduled Conciliation Conference, you shall nonstheless personally appear at the time scheduled for the Conciliation Conferencs without an attorney. Pamela Carey and Albart R. Carey, Jr., No. Page Two ALBERT R. CAREY, JR., Defendant, Is notified that If you fall to appear as providad by this Order, an Order of Court for custody, partial custody or visitation may be entsred against you or the Court may Issua a warrant for your arrest. Pending the hesring, with emphasis place on ths custody arrangment for the six months preceding ths filing of this complaint snd with particular attention paid to the role of primsry caretaker, the Court hereby astablished the following temporary Order for custody pending a hearing: Temporary residential custody shall be provided to Plaintiff. Defendant shall havll periods of visitation thres days a woek for a period of three hours. Defendant is hereby notified that if he disputes the Plaintiff's avermsnts regarding the current status of the custody arrsngsments and this Order entered on the basis of those averments, he has ths right to requast a prompt conference with the Court. If the matter of the tsmporary custody arrangsments Is not resolved at the conference, the Court may In atypical fsctual situations and its sole discretion schsdule a brief hearing limited to the issues of determining temporary custody arrangements pending the schsduled Conciliation Confersnce. The parties and thair legal counsel. If applicsble, are hsrsby directed to engage In meeningful negotiations to resolve this matter prior to the Conciliation Conference. 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 I-=IND OUT WHERE YOU CAN GET LEGAL HELP. Psnnsylvania Bar Association Lawyer Refarral Ssrvice 1-800-692-7375 (PA only) or 1.717-238-6715. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumbsrland County is requirad by law to comply with the Americans with Disabilities Act of 1990. For information about accellslble facilities and reasonable accommodations availsble to dissbled 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 bsfore the court. By the Court, J. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY Pamela Carey, I Plaintiff , ) VB. I I Albert R. Carey, Jr., I Defendant, I Civil Action. Law No. 97-2190 - Civil Custody COMPLAINT FOR CUSTODY 1. The Plaintiff Is Pamela Carey (natural mother) residing at 438 Mountain View Road, Shlppensburg, Cumberland County, Pennsylvania 17267. 2. The Defendant is Albert R. Carey,Jr. (natural father) residing at 966 Ritner Highway, Shippsnsburg, Cumberlsnd County, Pennsylvania 17267. 3. Plaintiff sesks primary residsntial custody of ths following children: Nsme Address &ul Holly Carey 438 Mountain View Road Shlppensburg, PA 17267 Sixteen Jacob Albert Carey 438 Mountain View Road Shippensburg, PA 17267 Fourteen Joshua Ross Carey 438 Mountain View Road Shippensburg, PA 17257 Twelve The child ran were not born out of wedlock. The children are presently in the custody of Pamela Carey, natural mother, 438 Mountain View Road, Shippensburg, PA 17257. During the past fivs years the children have resided with the following persons and at the following addresses: Ma.1M Address 0a1A M & F 12 Maple Avenue Walnut Bottom, PA 17266 1 983 to September 1993 M & F 438 Mountain Viaw Road Shippansburg, PA 17257 September1993 to March 1997 M 438 Mountain View Road Shippensburg, PA 17257 March 1997 to Present The mother of tha children Is Pamela Csrey whoss current address Is 438 Mountain View Road, Shippensburg, Cumberland County, Pennsylvsnia 17257. She Is married. The father of the children is Albert R. Carey, Jr., currently residing at 965 Ritner Highway, Shippensburg, Cumberland County, Psnnsylvania 17257. He is married. 4. The relationship of Plaintiff to the children Is that of natural mother. The Plaintiff currently resides with the following persons: . Nam.a Rslatlonship NONE ~ 5. The relationship of Defendant to the children is that of natural father. The Defendant currently resides with the following persons: Nam.a Relationshlo UNKNOWN Plaintiff has no information of a custody proceeding concsrning the child pending In 8 Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best Interests and permanent wslfars of the children will be served by grsnting the relief rsquested because Plaintiff is bstter abls and willing to provide for the children's needs st this point in time and specifically: a. Sincs birth, Plaintiff hss besn the primary cars giver to the children; b. Since sepsration, the children havs resided with the Plaintiff; c. Defendant sees the childrsn for sevsral hours, several days per week but has no sst schedule; d. Since separation, the Defendant has not had custody of the children on an overnight basis and the children do not desire to spend an overnight with their Father at this time; e. Plaintiff has provided a loving and stable home environment for the children. 8. Each parent whose parental rights to the child has not been tarminated and the person who has physical custody of ths child have been named as parties to this action. All other persons, namsd below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and right to intervene: NONE 9. The Defendant was rspressntsd in the Support Action by Edward W. Harker Esquire. Several requests havs been made to Mr. Harker inquiring as to whether he rspressnts Defendant in matters other than the Support Action. No response has been made to thess inquiries. 10. A copy of this Custody Complaint will be ssrved on the Defendant, by certified mail and a copy of this Complaint will be provided to Edward W. Harker, Esquire. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary residential custody of the childrsn. WALKER, VAN HORN & MACBRIDE, P.C. BY:~ ~ \lb R:-U Lyn Y. MacB'd , Esquire Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. ,.,. ., .r., Date: " -1 ., , . ,) /', vJ .' Ii / /l/I/U /-;1 I ~ P'mela Carey, Plaintiff > if 261/Form/Cultody Compl,lnt ~ ~ ~ CO) 1;; 'Cl -~ ~( ...:l ~- ..- .. .:}...r ~ Ig N {..J;;':; ~ "f) ~-: 1~1~ ~ c... ~::J l.n i!' '''.i';j e, C'J r- p "" ,,,: ";" ~ .:... f':~ ~ 0.. ~ ,,~ ~ lI' LoJ r ~.'l . ~ tn ~ ~ ~ r- a ~ ~ (7'0 ~ '-'<::l " " "\ ... ~ If' f PAMELA CAREY, Plaintiff 'IN THE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA , 'CIVIL ACTION - LAW , q7-~/"O ,NO: 16 1391 CIVIL TERM 'IN CUS'1'ODY V ALBERT R. CAREY, JR. Defendant COURT ORDER AND NOW, this _,,,,, day of ~~r~~~~ 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows, The Mother, Pamel~ Carey, and the Father, Albert R. Carey, Jr., shall enjoy shared legal custody of Holly Carey, born July 20, 1981; Jacob Albert Carey, born April 19, 1983, and Joshua Ross Carey, born July 26, 1985. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy liberal periods of temporary physical custody of the minQr children as follows, 1. 2. A. On every Monday and Wednosday from 3:30 p.m. until 9:30 p.m. B. On alternating weekends to include Friday at 3:30 p.m. until 9:30 p.m., Saturday and Sunday from 9:00 a.m. until 9:30 p.m. C. At such other times as agreed between the parties. 4. Both parties shall have two weeks of non-consecutive vacation time with the minor children during the summer. The parties shall notify each other as to whe'l they intend to exeJ:cise this vacation time by Memorial Day of each year. 5. The parties shall alternate holidays to include New Year's Day, Easter, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas, Martin Luther King's Day and President's Day. The alternating holiday schedule shall be for the full day to ensure that, if necessary, the Mother has the ability to take the children out of town to see relatives. The schedule shall start with the Father having Thanksgiving 1997 and the parties alternating thereafter. 6. The parties shall &ogree to submit the minor children to counselling to be arranged by the Father with the counselling, if possible, to be scheduled on the Father's time. Mother /99V'" r ' I ,~ ... agrees to attend the counselling sessions as directed by the counsellor. Father shall incur any expenses for counselling over and above what is reimbursed by insurance. 7. Mother agrees that she will consider the children's desires with respect to additional time with the Father to include hunting trips if the children are so inclined and such trips do not interfere with a previously scheduled family event of the Mother. B. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, J. CCI David P. Perkins, Esquire Edward ". Harker, Esquire ~ 711 ~ ~'.1 "/1/rf7 ~4.W- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA PAMELA CAREY, 1'llIlntirr, CIVIL ACTION - LAW i J I v. NO. 97-21911 Civil ALBERT R. CAREY, ,IR., Defendllnt. IN D1VOIlCE NOTICE OF F.LECfION TO IlETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, ~lUving received a Final Decree in divorce from the bonds of matrimony on the I o~ay of February, 2000, hereby elects to retake and hereafter use her preyjous nwne of Pamela Lombard. J~tll LJi I (' ell' -i ~ Pamela Carey ~ \ ){;t ,\0\.(.((" ~ Cr\' (YI/IC,,L Pamela Lombard To Be Known As: COMMONWEAL HI OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the I S~ day of F..,h" "1l~ , 2000, before me a Notary Public in and for said County and State, the undersigned officer, personally appeared PAMELA CAREY, to be known as PAMELA LOMBARD, kno',vn to me (of satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF,) hereunto (SEAL) Notarial Seal Oavld p, Perllln", Notary Public Shlppen"burg Bo,o, Cumbe,land County MV Commission exp,res Oct. 28. 2001 MemtllH PennsylviH1ld A!!osoclaliOn 01 Notaries MARK, WEIGLE AND PERKINS _ ATTORNEVS AT LAW.. 126 EAST KING STHEET- St~tPPENSOURO, PA 17257.t391 ,- c:., .,... ~ ,>', tJ~ l',: ~ :.:1 ; ~1~ ~ ()- ~ , ".,-:-< -. ,.... ~;'. r6 '.; ~~~ 0<- r"} 0 -..9 ii":: 0 ~ ~ tl_ ~ . .;, 01- ~ , ':.)