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HomeMy WebLinkAbout07-1185A HEATHER A. FERRY, Plaintiff V. SAMUEL A. FERRY, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07 ?l PS i u tc/L. :CIVIL ACTION -- DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 23 South Bedford Street Carlisle, PA 17013 (717) 249-3166 HEATHER A. FERRY, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUN'T'Y, PENNSYLVANIA V. • NO. 0,7 - /tom l SAMUEL A. FERRY, : CIVIL ACTION -- DIVORCE Defendant COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Heather A. Ferry, who resides at 3817 Chestnut Street, Camp Hill, Pennsylvania 17011. 2. Defendant is Samuel A. Ferry, who has resided at 3817 Chestnut Street, Camp Hill, Pennsylvania 17011. 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 July 14, 1999, in Clackamas County, Oregon. 5. The parties have been living separate and apart prior to the filing of this Complaint. 6. There have been no prior actions of divorce or for annulment between the parties. M 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the 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 waives the right to 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 this ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce. DATED: Respectfully submitted, i.or . Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 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 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 49. ll? w c l 4 c -n a HEATHER A. FERRY, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1185 Civil Term LAMUEL A. FERRY, : CIVIL ACTION -- DIVORCE Defendant AFFIDAVIT OF SERVICE I, Nora F. Blair, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce was served on the Defendant by certified mail, restricted delivery, return receipt requested, on March 12, 2007, addressed as follows: Samuel A. Ferry 3817 Chestnut Street Camp Hill, PA 17011 The return receipt card is attached hereto marked Exhibit "A" and incorporated herein by reference. DATED: Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 ¦ Complete items 1, 2, and 3. Also complete A. Sr nature Rom 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. B. by pd ¦ AKtch this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1 D. Is delivery address dtiferent If YES, enter delivery address Sarn LW,I 4, 7WV-? 1-7 Chen-ruk. S to - Cam p g-11) * IW O 0. 3. Service Type XCerttiled Mail O Express Mail ? Registered AtRetum Receipt for Mer chsrmbe ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2 Article Number {Il 7006 0100 0002 4039 0598 tirnlrr *or" ,srKo. mw Ps Form 3811, Fewuary 2004 Domestic-Return Rws# 1a2 -*16W =IBIT "A" s-- ? r } , =crt 2' ?? ? -? ?' -T3 L s, ....,, ,1?- L. . .>.-? - ? ?, .?^ ; `..? .` t i ?y ,' ? ?? HEATHER FERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW SAMUEL FERRY, Defendant : NO. 07-1185 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, HEATHER FERRY, at the above captioned docket. Respe lly submitted b Ao(wBIair, Esq. 5440 Jonestown Road P.O. Box 6216 Harrisburg, Pa 17112-0216 Dated: '2 0_ P7 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, HEATHER FERRY, at the above captioned docket. Respectfully submitted by: Ann Dimitriou Pipkin ' Certified Legal Intern ?(? (#.v L" ROBER THOMAS A. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Dated: q- c?6'-0: Fax: 717-243-3639 0 rLr -0 ,A cry -o Fp cr+ Heather Ferry, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE Samuel Ferry, Defendant : NO. 07-1185 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. Heather Ferry , Plaintiff V. Samuel Ferry, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : NO. 07-1185 CIVIL TERM AMENDED DIVORCE COMPLAINT WITH EQUITABLE DISTRIBUTION AND ALIMONY COUNT The Plaintiff, Heather Ferry, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce, equitable distribution, and alimony: COUNT ONE DIVORCE UNDER 23 Pa C S §§3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Heather Ferry, who resides at 3817 Chestnut Street, Camp Hill, Pennsylvania 17011. 2. Defendant is Samuel Ferry, who currently resides at 4201 Manasota Court, Noblesville, Indiana, 46062. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 14, 1999, in Clackamas County, Oregon. 5. Plaintiff and Defendant have been living separate and apart prior to the filing of this action. 6. There have been no prior actions for 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. 8. 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. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges paragraphs one through nine. 11. During the course of the marriage, the parties acquired marital assets and debts subject to equitable distribution under section 3302 of the Divorce Code, including, but not limited to the following: a) 401K or retirement accounts, vehicles, real estate, bank accounts; b) Various items of personal property WHEREFORE, Plaintiff requests the court to enter a decree dividing the marital property equitably between the parties and providing such other relief as the court deems just. COUNT III ALIMONY 12. Plaintiff repeats and realleges paragraphs one through. 13. Plaintiff is not gainfully employed 14. Plaintiff worked sporadically during the marriage, and spent most of the marriage as a homemaker and student, in accordance with Defendant's wishes. 15. Plaintiff is the primary caretaker of the parties four young children, one of whom has special needs. 16. Defendant is employed and is financially able to provide for the reasonable needs of the Plaintiff. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. Petitioner lacks sufficient property to provide for her reasonable needs and is currently unable to support herself through full-time employment. WHEREFORE, Plaintiff requests the court to enter an award of reasonable alimony, and such other relief as the court deems just. Respectfully Submitted, DATE Ann Dimitriou Pipkin Certified Legal Intern ROB THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date L/ZmLo q Plaintif 0 -P-?-c Heather Ferry Heather Ferry, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW IN CUSTODY Samuel Ferry Defendant NO. 07-1185 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Heather Ferry, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date _ LL IL Ann Dimitriou Pipkin Certified Legal Intern ROBE S THOMAS PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Ms. Heather Ferry, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Mr. Samuel Ferry, : Defendant NO. 07 - 1185 CIVIL TERM CERTIFICATE OF SERVICE I, Ann Dimitriou Pipkin, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Amended Divorce Complaint with Equitable Distribution and Alimony Count on the Defendant, Samuel Ferry, residing at 4201 Manasota Court, Noblesville, Indiana 46062, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by the Defendant, Samuel Ferry, on or about the 7ch day of December 2007 as evidenced by the attached green card. `Ann Dimitriou PiPkm ? Certified Legal Intern Anne Mac onald-Foa E . Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C? 71 ? Iwo- '- -??44 i so Vw 11 ?? jobbp?M 90 *Wd to es boo of or an ow a*Wt v 1. ktl* Ad*MMd b(f: ya a/ c//- nos tYft*#AW4k*AVW?'r?tl4rq Mrs t? Q?` f" ° EMWSM Aim 2. Ardde ` %@No$" ° r? Data . m?r??? 70p5 03+g0?0t]03 .. PS Form 3;811. 2632 6a? F°b^terr ?t oat %kef mot 102MS-W4A-1540 I U HEATHER FERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTICN - LAW IN CUSTODY SAMUEL FERRY, Defendant. : NO. 07-1185 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this M day of Ann I , 2007, between Heather Ferry (Mother) and Samuel Ferry (Father), concerns the custody of their children: Casey Boone Ferry born October 1, 1999, Katelyn Elizabeth Ferry born April 28, 2001, Abigail Marie Ferry born March 23, 2003, and Gabrielle Lynn Ferry born November 15, 2005 (the children). Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following: 1. Father and Mother shall have shared legal custody of the children. Major decisions concerning the children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the children's best interests. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of W any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. § 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the children in accordance with the following schedule: a. SCHOOL YEAR: During the school year, Father shall have custody of the children every other weekend from Friday at 3:00 p.m. until Sunday at 7:00 p.m. and for three hours one weekday evening, to be mutually agreed upon by the parties. Mother shall have physical custody of the children at all times not otherwise specified for Father during the school year. b. SUMMER SCHOOL BREAK: During the summer school break each year, Mother shall have custody of the children for the first two (2) full weeks of summer which shall begin the first Monday following the last day of school in the school district where the children reside. Mother shall also have custody of the children for the last three (3) full weeks of the children's summer vacation. During Father's summer period of custody, Mother shall be W permitted to visit the children twice, at a time mutually agreed upon by the parties. Father shall have physical custody of the children at all times not otherwise specified for Mother during the school summer break. 3. The parties shall alternate having custody of the children on holidays as follows: a. Christmas: Mother shall have physical custody of the children on the children's Christmas break from school in odd numbered years and Father shall have custody of the children on the children's Christmas break from school in even numbered years. Physical custody shall begin the day following the first day of school vacation in the school district where the children reside and shall continue until 2 days before school resumes in that district. b. Thanksgiving: Mother shall have physical custody of the children on the children's Thanksgiving break from school in even numbered years and Father shall have custody of the children on the children's Thanksgiving break from school in odd numbered years. Physical custody shall begin the first day of Thanksgiving break and shall continue until the day before classes resume in the children's school district. c. Easter: Mother shall have physical custody of the children on the children's Easter break from school in even numbered years and Father shall have custody of the children on the children's Easter break from school in odd numbered years. Physical custody shall begin the first day of Easter break and shall continue until the day before classes resume in the children's school district. W d. Fourth of July: Mother shall have custody of the children on the Fourth of July in even numbered years and Father shall have custody on the Fourth of July in odd numbered years. e. Memorial Day: Mother shall have custody of the children on Memorial Day in odd numbered years and Father shall have custody on the Fourth of July in even numbered years. f. Labor Day: Mother shall have custody of the children on Labor Day in odd numbered years and Father shall have custody on Labor Day in even numbered years. g. Mother's Day/ Father's Dam In every year, the Mother shall have custody of the children for Mother's Day and Father shall have custody for Father's Day. h. Children's Birthday Mother shall have custody of each child for his or her birthday in even numbered years and Father shall have custody of each child for his or her birthday in odd numbered years. i. Parent's Birthdays: In every year, the Mother shall have custody of the children on Mother's birthday and Father shall have custody for Father's birthday. j. Children's School Breaks: Children's school breaks not otherwise specified in this agreement shall be alternated by the parties. k. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The parties agree that if either party remarries, he or she shall have physical custody of the children on the date of the wedding as well as for activities and events leading 400? up to the wedding day. This period of custody shall not exceed seven (7) days unless otherwise agreed upon by the parties. 5. The parties intend that in the event of the death of either party the deceased party's respective parents shall continue to have regular contact with children, particularly at holidays. 6. Father shall advise Mother forty eight (48) hours in advance of his intention to exercise his periods of physical custody. 7. Mother and Father shall share information including but not limited to the intended destination of and travel arrangements made for the children during exercised periods of custody. The parties further agree to provide the other parent with an emergency contact list during said periods of custody. 8. Mother and Father agree to maintain the children's school, social, and sports schedule during periods of custody. 9. Mother and Father agree to maintain Abigail's special needs schedule including but not limited to speech and physical therapy, during periods of custody. If Abigail is not enrolled in a special needs school at the location of either parent, that parent shall enroll her in said school and maintain her disability schedule. 10. Mother and Father agree to fund and maintain a four hundred thousand dollar ($400,000) life insurance policy on themselves at all times, with the children named as beneficiaries on said policies. 11. Father agrees to name the children as the beneficiaries of his Navy Death Benefits. 12. Mother and Father shall exchange custody of the children at Mother's home unless and until Father moves to Pennsylvania. If and when Father relocates to the Commonwealth of Pennsylvania, the parties shall alternate the custody exchange location between Mother's residence and Father's residence. 13. Mother and Father agree to attend one seminar yearly on the subject of Autism. 14. Mother and Father agree that during periods of custody neither parent shall consume alcoholic beverages to the point of intoxication, nor consume any illegal drugs. P'L'O v 15. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 16. The parties may modify the above provisions by mutual agreement; however, in the absence of mutual agreement the terms of this document shall be controlling. 17. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 18. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 14 Heather Ferry, Plaintiff , X C Ann Dimitriou Pipkin Certified Legal Intern 1?_? ?fveo. 11 Counsel for Plaintiff // ROBEIRAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER t r Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 is. 6 HEATHER FERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY SAMUEL FERRY, Defendant. : NO. 07-1185 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Heather Ferry, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Plaintiff is Heather Ferry, residing at 3817 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Samuel Ferry, residing at 4201 Manasota Court, Noblesville, Hamilton County, Indiana 46062. 3. Plaintiff seeks primary custody of. Name Present Residence Agee Casey Boone Ferry 3817 Chestnut Street 8 Years Camp Hill, PA 17011 Katelyn Elizabeth Ferry 3817 Chestnut Street 7 Years Camp Hill, PA 17011 Abigail Marie Ferry 3817 Chestnut Street 5 Years Camp Hill, PA 17011 Gabrielle Lynn Ferry 3817 Chestnut Street 2 Years Camp Hill, PA 17011 The children are presently in the custody of Plaintiff, who resides at 3817 Chestnut Street, Camp Hill, PA 17011. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Heather Ferry 3817 Chestnut Street February 2007 Camp Hill, PA 17011 - Present «_ - s Heather Ferry 3817 Chestnut Street April 2005- Samuel Ferry Camp Hill, PA 17011 February 2007 Heather Ferry 245 Church Road October 2004- Samuel Ferry Orrtanna, PA 17353 April 2005 Heather Ferry 4201 Manasota Court April 2001- Samuel Ferry Noblesville, IN 46062 October 2004 The mother of the children is Heather Ferry. She is married. The father of the children is Samuel Ferry. He is married. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Relationship Casey Boone Son Katelyn Elizabeth Ferry Daughter Abigail Marie Ferry Daughter Gabrielle Lynn Ferry Daughter 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Jami Jo Nettleton Relationship Girlfriend 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. , n s 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has always been the children's primary caretaker; b. Plaintiff provides the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff has encouraged contact between Defendant and the children and will continue to do so; d. Plaintiff and Defendant have entered into an agreement regarding the custody of their children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests that the Court enter as an Order the attached Custody Agreement signed by the parties on April 27, 2008. Respectfully submitted, Date: _S //,3 /0 K Nic a Berman Certified Legal Intern THO ACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. § 4904 relating to unsworn falsification to authorities. Heather Ferry y.0+ -J NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. .?,.. r c? -rti . ---? ?? Y r ? .. 1 ) ?_? , . . . n, ; ew? 1? y "?" Heather Ferry, Plaintiff V. Samuel Ferry, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 07- 1185 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Heather Ferry, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date icole Berman Certified Legal Intern R BE S THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C7 ra W Heather Ferry, Plaintiff/Petitioner V. Samuel Ferry, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE No. 07-1185 CIVIL TERM PETITION FOR SPECIAL RELIEF TO PREVENT DISSIPATION OF MARITAL ASSETS PURSUANT TO PA. R.C.P. 1920.43 Petitioner, Heather Ferry, by and through her attorneys, the Family Law Clinic, pursuant to Pa.R.C.P. 1920.43, files the following petition seeking an order enjoining the respondent, Samuel Ferry, from disposing of or transferring property acquired by the parties during the course of their marriage. In support of this petition, Petitioner sets forth the following: 1. Petitioner is Heather Ferry, an individual residing at 3817 Chestnut Street, Camp Hill, Pennsylvania 17011. 2. Respondent is Samuel Ferry, an individual residing at 4201 Manasota Court, Noblesville, Indiana 46062. 3. Petitioner and Respondent were married on July 14, 1999, in Clackamas County, Oregon. 4. Petitioner and Respondent have been living separately since February 14, 2007. 5. Petitioner filed a Divorce Complaint in this matter on March 5, 2007. 6. Petitioner filed an Amended Divorce Complaint on November 30, 2007 to include an Equitable Distribution and Alimony Count. 7. Since the date of the parties' separation, Respondent has had control or possession of real and personal marital property including but not limited to: a. A residence in Indiana located at 4201 Manasota Court, Noblesville, Indiana 46062. b. A residence in Pennsylvania located at 3817 Chestnut Street, Camp Hill, Pennsylvania 17011 which Petitioner and the parties' four (4) young children occupy. c. A 1998 Oldsmobile Silhouette vehicle. d. A Ford F150 vehicle. 8. All real and personal marital property is titled solely in the name of the Respondent, although all such property was purchased after the parties married and prior to their separation. 9. Respondent is scheduled to be deployed to Iraq in June 2008. 10. Petitioner believes and therefore avers that in advance of that deployment, Respondent executed a Power of Attorney naming his mother as his agent, thus giving her the power to sell or transfer the real and personal marital property. 11. Petitioner has cause to believe Respondent has or will attempt to cash out, sell, or transfer these marital assets in Respondent's possession. Specifically, Petitioner has reason to believe that Respondent has already transferred the residence located at 4201 Manasota Court, Noblesville, Indiana 46062 to his mother by Quit Claim Deed filed April 14, 2008. 12. Petitioner has no other adequate remedy at law to prevent the transfer or dissipation of marital assets. 13. Respondent's conduct would defeat Petitioner's claim of equitable distribution and the jurisdiction of this court to order equitable distribution of marital assets. WHEREFORE, Petitioner prays for equitable relief as follows: 1. That the Court enjoin the respondent from disposing, transferring or in any other manner dissipating the marital property and any monies received from sale of same prior to the hearing in this matter. 2. That the Court enjoin the Respondent from authorizing his Agent or Power of Attorney to dispose, transfer, or in any manner dissipate the foregoing property on his behalf. 3. Such other relief as this Honorable Court may deem appropriate. Respectfully submitted, 5 IR ? Date icole Berman Certified Legal Intern LUC TON-W ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. i Date: X" 13, 0'i( 0 Heather Ferry, Petitioner Heather Ferry, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE Samuel Ferry, Defendant : NO. 071185 INVENTORY OF HEATHER FERRY c? r, Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. (4 4'.Z; ? 'r, 7, ,- --,- ? Plaintiff, Heather rry ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities (X) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) (X) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names Of Number Of Property All Owners 1. 4201 Manasota Court Samuel Ferry Noblesville, IN 46062 (Possibly Transferred to Debra M. Ferry) 1. 3817 Chestnut Street Samuel Ferry Camp Hill, PA 17011 1. Parcel of Land Samuel Ferry Nineveh, Indiana Debra M. Ferry 2. 1998 Oldsmobile Silhouette Samuel Ferry 2. White Ford 150 Samuel Ferry (Possibly Transferred to Jami Jo Nettleton) 5. Indiana Members Credit Union Samuel Ferry 2 Heather Ferry 5. Wells Fargo Bank Account Samuel Ferry Heather Ferry 5. M&T Bank Account Samuel Ferry Heather Ferry 9. Navy Life Insurance Policy Heather Ferry Abigail M. Ferry Gabrielle L. Ferry Casey B. Ferry Katelyn E. Ferry 19. US Greenfiber, LLC 401 k Samuel Ferry 22. Navy Death Benefits Heather Ferry Abigail M. Ferry Gabrielle L. Ferry Casey B. Ferry Katelyn E. Ferry 25. Miscellaneous Household Items Heather Ferry Samuel Ferry 25. 2 Diamond Wedding Rings Heather Ferry 25. Tennis Bracelet Samuel Ferry 25. Framed Indian Picture Samuel Ferry PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred 3 LIABILITIES Item Description Names Of Names Of Number of Property All Creditors All Debtors 24. Mortgage U.S. Bank Samuel Ferry Indiana Residence Home Mortgage Approximately $103,906.93 24. Mortgage Chase Home Finance Samuel Ferry Pennsylvania Residence (1) Approximately $109,549.71 24. Mortgage Chase Home Finance Samuel Ferry Pennsylvania Residence (2) Approximately $24,539.31 24. Car Loan Indiana Members Samuel Ferry Balance Unknown Credit Union 24. Credit Card Zales Samuel Ferry Balance Unknown 24. Credit Card Wells Fargo Samuel Ferry Approximately $10,726.41 24. Personal Loan Wells Fargo Heather Ferry Approximately $1,221.00 24. Credit Card Chase Heather Ferry Approximately $3,399.00 24. Credit Card (1) Bank of America Heather Ferry Approximately $2,900.00 24. Credit Card (2) Bank of America Heather Ferry Approximately $4,000.00 24. Credit Card Home Depot Heather Ferry Approximately $3,454.57 24. Credit Card American Express Heather Ferry Approximately $1,304.82 24. Credit Card BP Gas Samuel Ferry Balance Unknown 4 NONMARITAL PROPERTY Item Description Number of Property 11. Children's Furniture Reason For Exclusion Owner from Marital Property Heather Ferry Gift to Children from Maternal Grandparents Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. 5 Heather Ferry, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE Samuel Ferry, Defendant : NO. 071185 INVENTORY OF HEATHER FERRY Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Plaintiff, Heather rry ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities (X) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( } 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( } 21. Litigation claims (matured and unmatured) (X) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names Of Number Of Property All Owners 1. 4201 Manasota Court Samuel Ferry Noblesville, IN 46062 (Possibly Transferred to Debra M. Ferry) 1. 3817 Chestnut Street Samuel Ferry Camp Hill, PA 17011 1. Parcel of Land Samuel Ferry Nineveh, Indiana Debra M. Ferry 2. 1998 Oldsmobile Silhouette Samuel Ferry 2. White Ford 150 Samuel Ferry (Possibly Transferred to Jami Jo Nettleton) 5. Indiana Members Credit Union Samuel Ferry 2 Heather Ferry 5. Wells Fargo Bank Account Samuel Ferry Heather Ferry 5. M&T Bank Account Samuel Ferry Heather Ferry 9. Navy Life Insurance Policy Heather Ferry Abigail M. Ferry Gabrielle L. Ferry Casey B. Ferry Katelyn E. Ferry 19. US Greenfiber, LLC 401k Samuel Ferry 22. Navy Death Benefits Heather Ferry Abigail M. Ferry Gabrielle L. Ferry Casey B. Ferry Katelyn E. Ferry 25. Miscellaneous Household Items Heather Ferry Samuel Ferry 25. 2 Diamond Wedding Rings Heather Ferry 25. Tennis Bracelet Samuel Ferry 25. Framed Indian Picture Samuel Ferry PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred 3 LIABILITIES Item Description Names Of Names Of Number of property All Creditors All Debtors 24. Mortgage U.S. Bank Samuel Ferry Indiana Residence Home Mortgage Approximately $103,906.93 24. Mortgage Chase Home Finance Samuel Ferry Pennsylvania Residence (1) Approximately $109,549.71 24. Mortgage Chase Home Finance Samuel Ferry Pennsylvania Residence (2) Approximately $24,539.31 24. Car Loan Indiana Members Samuel Ferry Balance Unknown Credit Union 24. Credit Card Zales Samuel Ferry Balance Unknown 24. Credit Card Wells Fargo Samuel Ferry Approximately $10,726.41 24. Personal Loan Wells Fargo Heather Ferry Approximately $1,221.00 24. Credit Card Chase Heather Ferry Approximately $3,399.00 24. Credit Card (1) Bank of America Heather Ferry Approximately $2,900.00 24. Credit Card (2) Bank of America Heather Ferry Approximately $4,000.00 24. Credit Card Home Depot Heather Ferry Approximately $3,454.57 24. Credit Card American Express Heather Ferry Approximately $1,304.82 24. Credit Card BP Gas Samuel Ferry Balance Unknown 4 NONMARITAL PROPERTY Item Description Number of Property 11. Children's Furniture Reason For Exclusion Owner from Marital Property Heather Ferry Gift to Children from Maternal Grandparents Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. L" t ? _?. ?== _, ` =k --, r-`-s --- ? ,cam? ? ??-, ?C: GaJ "";. ::?fi ._ .??{ ?? = G t,??- tsar 1 9 200s? Heather Ferry, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DIVORCE Samuel Ferry, Defendant/Respondent No. 07-1185 CIVIL TERM ORDER OF COURT AND NOW, this cl ?h day of IM , 2008, upon consideration of the Petition for Special Relief to Prevent Dissipation o Marital Assets Pursuant to PA.R.C.P. 1920.43, the Court enters the following order: 1. A hearing regarding this Petition for Special Relief is hereby scheduled for the .?y/a day of M , 2008 at /!•.0 d o'clockA M in Courtroom Number , Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties along with their legal counsel shall appear in person. 2. Pending said hearing, Respondent is enjoined from disposing, transferring or in any other manner dissipating the parties' martial property including, but not limited to the property named in the attached Petition and the attached Inventory of Plaintiff, Heather Ferry. Respondent is further enjoined from permitting his Agent or Power of Attorney to similarly dissipate such property on his behalf. If Respondent has already transferred or otherwise dissipated any of the marital property, all monies received from the transfer of these assets must be retained by the Respondent, his Agent, or Power of Attorney until after the hearing scheduled above. 4RT: J. .t HEATHER FERRY, Plaintiff V. SAMUEL FERRY, Defendant. MAY ] f 2Q08hd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 07-1185 CIVIL TERM ORDER OF COURT AND NOW, this day of , 2008, upon receipt of the parties' Custody Agreement signed April 27, 2008, t Court enters the following order: 1. Father and Mother shall have shared legal custody of the children. Major decisions concerning the children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the children's best interests. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. § 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to 3 1 have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the children in accordance with the following schedule: a. SCHOOL YEAR: During the school year, Father shall have custody of the children every other weekend from Friday at 3:00 p.m. until Sunday at 7:00 p.m. and for three hours one weekday evening, to be mutually agreed upon by the parties. Mother shall have physical custody of the children at all times not otherwise specified for Father during the school year. b. SUMMER SCHOOL BREAK: During the summer school break each year, Mother shall have custody of the children for the first two (2) full weeks of summer which shall begin the first Monday following the last day of school in the school district where the children reside. Mother shall also have custody of the children for the last three (3) full weeks of the children's summer vacation. During Father's summer period of custody, Mother shall be permitted to visit the children twice, at a time mutually agreed upon by the parties. Father shall have physical custody of the children at all times not otherwise specified for Mother during the school summer break. 3. The parties shall alternate having custody of the children on holidays as follows: a. Christmas: Mother shall have physical custody of the children on the children's Christmas break from school in odd numbered years and Father shall have custody of the children on the children's Christmas break from school in even numbered years. Physical custody shall begin the day r 1r -i following the first day of school vacation in the school district where the children reside and shall continue until 2 days before school resumes in that district. b. -Thanksgiving: Mother shall have physical custody of the children on the children's Thanksgiving break from school in even numbered years and Father shall have custody of the children on the children's Thanksgiving break from school in odd numbered years. Physical custody shall begin the first day of Thanksgiving break and shall continue until the day before classes resume in the children's school district. c. Easter: Mother shall have physical custody of the children on the children's Easter break from school in even numbered years and Father shall have custody of the children on the children's Easter break from school in odd numbered years. Physical custody shall begin the first day of Easter break and shall continue until the day before classes resume in the children's school district. d. Fourth of July: Mother shall have custody of the children on the Fourth of July in even numbered years and Father shall have custody on the Fourth of July in odd numbered years. e. Memorial Day: Mother shall have custody of the children on Memorial Day in odd numbered years and Father shall have custody on the Fourth of July in even numbered years. f. Labor Day: Mother shall have custody of the children on Labor Day in odd numbered years and Father shall have custody on Labor Day in even numbered years. g. Mother's Day/ Father's DayL In every year, the Mother shall have custody of the children for Mother's Day and Father shall have custody for Father's Day. h. Children's Birthday Mother shall have custody of each child for his or her birthday in even numbered years and Father shall have custody of each child for his or her birthday in odd numbered years. i. Parent's Birthdays: In every year, the Mother shall have custody of the children on Mother's birthday and Father shall have custody for Father's birthday. j. Children's School Breaks: Children's school breaks not otherwise specified in this agreement shall be alternated by the parties. k. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The parties agree that if either party remarries, he or she shall have physical custody of the children on the date of the wedding as well as for activities and events leading up to the wedding day. This period of custody shall not exceed seven (7) days unless otherwise agreed upon by the parties. 5. The parties intend that in the event of the death of either party the deceased party's respective parents shall continue to have regular contact with children, particularly at holidays. 6. Father shall advise Mother forty eight (48) hours in advance of his intention to exercise his periods of physical custody. 7. Mother and Father shall share information including but not limited to the intended destination of and travel arrangements made for the children during exercised periods of custody. The parties further agree to provide the other parent with an emergency contact list during said periods of custody. 8. Mother and Father agree to maintain the children's school, social, and sports schedule during periods of custody. 9. Mother and Father agree to maintain Abigail's special needs schedule including but not limited to speech and physical therapy, during periods of custody. If Abigail is not enrolled in a special needs school at the location of either parent, that parent shall enroll her in said school and maintain her disability schedule. 10. Mother and Father agree to fund and maintain a four hundred thousand dollar ($400,000) life insurance policy on themselves at all times, with the children named as beneficiaries on said policies. 11. Father agrees to name the children as the beneficiaries of his Navy Death Benefits. 12. Mother and Father shall exchange custody of the children at Mother's home unless and until Father moves to Pennsylvania. If and when Father relocates to the Commonwealth of Pennsylvania, the parties shall alternate the custody exchange location between Mother's residence and Father's residence. 13. Mother and Father agree to attend one seminar yearly on the subject of Autism. 14. Mother and Father agree that during periods of custody neither parent shall consume alcoholic beverages to the point of intoxication, nor consume any illegal drugs. 15. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 16. The parties may modify the above provisions by mutual agreement; however, in the absence of mutual agreement the terms of this document shall be controlling. BY T ;COURT: J. Heather Ferry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW : DIVORCE Samuel Ferry, Defendant NO. 07 - 1185 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Samuel Ferry, residing at 4201 Manasota Court, Noblesville, Indiana, 46062 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Samuel Ferry, on the 21t' day of May 2008 as evidenced by the attached green card. Nicole Berman Certified Legal Intern Anne Mat%nald-Fox, Cs? Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete Rem 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 track of the mailpiece, or on the front N space permits. 1. Article Addressed to: 0/ N?ana3a?? 'NA ?XOAZWV X??? ? Agent n Addre B. Received by (PrirKed Name) C. Day of DO D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No f1 // 3. S?erviceType ? -" """" ?l § Express Mall Registered Return Receipt for Merchendise ? C.O.D. ? Insured Z1, 4. Restricted ery? (Extra Fee) z ,,._._ ... es 7005 0390 0003 2632 7007 PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 1 v Heather Ferry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Samuel Ferry, ; Defendant NO. 07 - 1185 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief on Samuel Ferry, residing at 4201 Manasota Court, Noblesville, Indiana 46062, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Samuel Ferry, on the 22°d day of May 2008, as evidenced by the attached green card. Nicole Berman Certified Legal Intern Megai0besmeyer, Esq Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 t A A. nature X _._i] Agent Xfte B. R nted Name) C. Dat?of.D?H D. Is delivery address different from item 1? If YES, enter delivery address below: ? No 3.?Service --Type /lL / I 46 a_ Xnt+ertmes Mall O E,. Mail y ? Registered -ff Rstum Receipt for Merchandbe ? mixed mail C.O.D. 4. Restricted cwwwyt (Extra Fee) ti. 7005 0390 0003 2632 7014 PS Form 3811, February 2004 Domenic pat m Reoeipt 102595-02-M-1540 • 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: yao/ Y17c?aso?4 ?? HEATHER FERRY, Plaintiff V. SAMUEL FERRY, Defendant IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 07-1185 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 2008, by agreement of the parties, our Order of May 19, 2008, shall remain in full force and effect. In addition, it is ordered and directed that the Plaintiff may live in the marital home until further Order of Court. ,//Nicole Berman, Certified Legal Intern Anne MacDonald-Fox, Esquire Family Law Clinic For the Plaintiff Samuel Ferry 4201 Manasota Court Noblesville, Indiana 46062 For the Defendant srs Gorr *es rfl ;-) t Lqr-L S/3 d/oe Heather Ferry, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Samuel Ferry, Defendant : NO. 07 - 1185 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having filed a complaint divorce from the bonds of matrimony on the 5 h day of March 2007, hereby elects to retake and hereafter use her previous name of Heather King, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. § 704. Wishes To Be Known As: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Heather Ferry ry eather King SS. On the ,4eday of ')'?1'(a-?J' , 2008, before me, a Notary Public, personally appeared Heather Ferry, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and Notarial Seal. 4OT ARY LIC NoUWW Ud Ludte L. WoK Notary Pnblk CetHsk Born, CutnberLmd Cdr My Commission Baphu Feb. 14, 2010 ca a -0 Ll r c 4 s 6 ? t Ms. Heather Ferry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Samuel Ferry , Defendant NO. 07 - 1185 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman , Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief, Order of Court, and Inventory of Heather Ferry on Samuel Ferry, residing at, 4201 Manasota Court, Noblesville, Indiana 46062 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid on May 20, 2008. Nicole Berman Certified Legal In/tJern Megan Fiesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 t""a rv co T7r.' ;' HEATHER FERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1185 SAMUEL FERRY, CIVIL ACTION -LAW Defendant IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance as co-counsel in the above-captioned matter on behalf of the Defendant, Samuel Ferry. Respectfully submitted, Mark A. Mateya, EsgQ Supreme Ct. ID 78931 Mateya Law Firm, P.C. P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: (P-:? ? q CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Entry of Appearance on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: The Family Law Clinic Rachel Allen, Certigied Legal Intern Megan Riesmeyer, Aupervising Attorney 45 North Pitt Street Carlisle, PA 17013 Mark A. Mateya, E . Supreme Ct. ID 78931 Mateya Law Firm, P.C. P.O. Box 127 Boiling Springs, PA 17007 Dated: (0 (T-L- 6I Counsel for Defendant N FII.?E?-C.? ?i=iv? CAF THE r'TNi`?I}lARY 2009 JUN -9 PM 3= 22 CUMf13 -Lf `4q %?UEgTy PENSYLVANIA, ~ c~ HEATHER FERRY PLAINTIFF V. SAMUEL FERRY DF.,FENDANT AND NOW, F it is hereby directed that parties a~ at 4th Floor, Cumberland Coi for aPre-Hearing Custody Confer if this cannot be accomplished, to order. Failure to appear at the coi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2007-1185 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT July 16, 2010 upon consideration of the attached Complaint, their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, ty Courthouse, Carlisle on Friday, August 13, 2010 at 1:00 PM ice. At such conference, an effort will be made to resolve the issues in dispute; or and narrow the issues to be heard by the court, and. to enter into a temporary :may provide grounds for entry of a temporary or permanent order. The court hereby directs he parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custo y orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Mangan, Jr., Esq/~ Custody Conciliator The Court of Comn with Disabilites Act of 1990. available to disabled individu must be made at least 72 hour conference or hearing. YOU SHOULD T, HAVE AN ATTORNEY OR FORTH BELOW TO FIND ~ • lQ• ~0 Ce~~-. eo c~ µ Q 7 • la • I p /l~c~fi ~ ~(~oc:~ '~: c..~~'c~ ~. I-t- l~t•l0 ~ `~lacea on Pleas of Cumberland County is required by law to comply with the Americans For information about accessible facilities and reasonable accommodations Is having business before the court, please contact our office. All arrangements prior to any hearing or business before the court. You must attend the scheduled KE TH1S PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ~ANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET UT WHERE YOU CAN GET LEGAL HELP. ~' ~ ~~; ca _.~ -II Cumberland County Bar Association - ~ -~ «CJ ~ 32 South Bedford Street ~ Carlisle, Pennsylvania 17013 ~° - Telephone (717) 249-3166 "~ O ~ ~ =: :.~~ ~ - ~' FC~i ~: '. ~ '~ ~,,,t~v ,. r '" ~ .. ,. T}~ LQy~ J~~ ~~ ~'1~ ~• 1,J ,, •'~€~ HEATHER FERRY, : ~1V' T~COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. :CASE NO. 07-1185 CIVIL ACTION -LAW SAMUEL FERRY, Defendant/Petitioner : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Samuel Ferry, Defendant/Petitioner, by and through his attorney, Mark A. Mateya, Esquire, moves This Honorable Court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X ) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is required; (2) Plaintiff/Respondent, Heather Ferry is represented in this action by Alice Richards on behalf of the Dickinson School of Law Family Law Clinic. (3) The statutory grounds for divorce are 23 Pa.C.S. section 3301(c). (4) The action is contested with respect to the following claims: divorce, equitable distribution of the parties' marital property, and distribution of property. (5) The action involves complex issues of fact. (6) The hearing is expected to take one day. (7) Plaintiff, Heather Ferry, filed a complaint in divorce on March 5, 2007. There has been no substantive motion in this case, despite the Defendant's attempt to reach a settlement with Plaintiff on the outstanding issues. (8) Counsel for Defendant has attempted to offer an agreement of the issues surrounding this Divorce to no avail. WHEREFORE, Defendant, Samuel Ferry, respectfully requests that This Honorable Court appoint a master with respect to the claims for divorce, alimony, equitable distribution of the parties' marital property, and distribution of property. Respectfully submitted, gyn. P.A Mark A. Mateya, Esquire 55 W. Church Avenue Cazlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Attorney for Defendant Date: ~ ~ ~ U 2 VERIFICATION I, Samuel Ferry, verify that the facts set forth in the foregoing Motion for Appointment of Master are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4094, relating to unsworn falsification to authorities. DATED: ~ ~ ~U c~ 2- ~/O Samuel Ferry 4 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Alice Richazds Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 ~~~~ . Mazk A. Mateya, squire 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: ~ 7 ~ ~ ~ I, HEATHER FERRY, Plaintiff/Respondent v. SAMUEL FERRY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 07-1185 CIVIL ACTION -LAW IN DIVORCE ORDER APPOINTMENT OF MASTER ~ ~ ~,~~~, ' ~` da of 2010, Rd AND NOW, this y , Esq. is appointed master with respect to the following claims: 3 1. Equitable Distribution; c 2. Crranting of Divorce Decree; rn ~ ~- -~ 'li fV 'C. ?ii 3. Alimony; ~ ~ ~' ,~'. - -.~ , - 4. Distribution of Property. ~ _ ~.,, - . c -~" :~ ~: ~~ B J. i ~.S` /Yt~ t ~„ ~-~ m. ~~, ~~.n; ~Y ~-u.~ ~1~2c~~ra Ll'/~ AUG z o zmn 3 HEATHER FERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1185 CIVIL ACTION LAW !L SAMUEL FERRY, IN CUSTODY ' C Defendant Prior Judge: Edward E. Guido, J. UP ORDER OF COURT I AND NOW this day of August 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior custody Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Mother shall have sole legal and physical custody of Casey B. Ferry, born 10/01/1999, Katelyn E. Ferry, born 04/28/2001, Abigail M. Ferry, born 03/23/2003 and Gabrielle L. Ferry, born 11/15/2005 until September 21, 2010. 3. Legal Custodv: Commencing September 22, 2010, the Father, Samuel Ferry, and the Mother, Heather Ferry, shall have shared legal custody of Casey B. Ferry, born 10/01/1999, Katelyn E. Ferry, born 04/28/2001, Abigail M. Ferry, born 03/23/2003 and Gabrielle L. Ferry, born 11/15/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custodv: Commencing September 22, 2010, Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have physical custody of the Children every Wednesday until Thursday morning. b. Father shall have physical custody three out of every four weekends (pursuant to his work schedule) from Friday until Monday morning. Father shall give adequate notice to Mother which weekend he shall be working. C. In the event that Father should not be able to assume custody of the Children on a school night until after the Children's bed-time, Mother shall retain custody until the following day. d. Father shall provide the transportation for the Children and the pick up and drop off location during the school year shall be at school for the latch key program. Father shall ensure that all reasonable efforts be made that the Children are timely picked up/dropped off. It e. The parties shall ensure that the Children are to attend their scheduled extra- curricular activities during the custodial parent's periods of custody. f. Absent written mutual agreement otherwise, the Children shall remain in their current school district, which is Cumberland Valley where Mother resides. g. The parents may mutually agree to alter this custodial schedule when/if it is in the Children's best interests, specifically for Abigail. 5. The parties shall ensure that any and all firearms are appropriately stored and have safety locks on them. 6. The parties have agreed to, and shall, adhere to the recommendations from the professionals treating/providing services to the Children. 7. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule shall supersede and take precedence over the regular custody schedule. 9. The parties intend that in the event of the death of either party, the deceased party's respective parents shall continue to have regular contact with the Children, particularly at holidays. 10. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 13. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 14. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. t 15. Either party has the right to contact the assigned conciliator within ninety (90) days of the instant Order to schedule a status conference. 16. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. y the Court, J. D. tribution: ark Mateya, Esq., 55 W. Church Ave., Carlisle, PA 17013 ice Richards, Family Law Clinic, 45 N. Pitt St., Carlisle, PA 17013 John J. Mangan, Esquire ecru ?'c.s m'a.t ?4c-?. /!d HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter vacation From the first day of vacation until the day before school resumes Mother Father Memorial Day Father Mother Independence Day Mother Father Labor Day Father Mother Thanksgiving vacation From the first day of vacation until the day before school resumes Mother Father Christmas vacation From the day following the first day of vacation until two days before school resumes Father Mother Mother's Day Mother Mother Father's Day Father Father Children's birthdays Mother Father Mother's birthday Mother Mother Father's birthday Father Father Children's school breaks All other school breaks not otherwise specified shall be alternated by the parties HEATHER FERRY, Plaintiff V. SAMUEL FERRY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1185 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Casey B. Ferry 10/01/1999 Primary Mother Katelyn E. Ferry 04/28/2001 Primary Mother Abigail M. Ferry 03/23/2003 Primary Mother Gabrielle L. Ferry 11/15/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on August 13, 2010 with the following individuals in attendance: The Mother, Heather Ferry, with her counsel, The Family Law Clinic The Father, Samuel Ferry, with his counsel, Mark Mateya, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. n, Esquire Cust y C ciliator HEATHER FERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY SAMUEL FERRY, Defendant : NO. 07-1185 CIVIL TERM =y V% Ln ) PRAECIPE FOR WITHDRAWAL OF APPEARANC E yn c? M C TO THE PROTHONOTARY OF SAID COURT: Pursuant to Pennsylvania Rule of Professional Conduct 1.16(a)(3), please withdraw the appearance of the Family Law Clinic as attorney of record for the Plaintiff, Heather Ferry, at the above captioned docket. On August 18, 2010, Heather Ferry discharged the Family Law Clinic, in writing, from representing her in this matter. A copy of the Discharge is attached to this Praecipe. Respectfully submitted by, AW? ?. Alice Richards Certified Legal Intgrn MEGA RIESMEYER ROBERT RAINS THOMAS M. PLACE ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Aug_ 18, 2010 Family Law Clinic and Alice Richards, This letter s to notify you of terminating your representation in my, Heather Ferry, varies cases; including custody, divorce and support; as of August 18, 2010. Please be advised that my new counsel will be contacting you to relieve appropriate entry and withdraw of appearances. I would like to pick-up my complete file atyour earliest convenience before the week is out. Heather M, Ferrv HEATHER FERRY, Plaintiff V. SAMUEL FERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1185 CIVIL TERM 2 1 tr} r,: Ci Q ?G 0 L ? N ra w cn WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw our appearances as attorneys of record on behalf of Plaintiff, Heather Ferry, at the above-captioned docket. Respectfully submitted, i CJ?n?C?/L_ ??Choxcl S Certified Legal Intern A z Z_ I , 27? Rober Thomas M. Place Lucy Johnston-Walsh Anrt[VlacDonald-Fox Megan Reismeyer ohn :?1.?err 5020 Ritter Road Suite 109 MechardoSburg,PA 17055 P"oNE: 717.766.4008 FAX: 717.766.4066 Dated: FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (717) 243-3639 (fax) Kindly enter my appearance on behalf of the Plaintiff, Heather Ferry, in the above- captioned matter. -vn i71 -i? Respectfully submitted, ohn M.?crr 5020 Ritter Road Suite 109 Nechamcsbtir$, PA 17055 NoN£.: 717.766.4008 FAx: 717.766.4066 Dated: August 27, 2010 Of., '04, A?W Jo M. Kerr, Esquire At orney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 HEATHER FERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYI ?ANIA , V. : CIVIL ACTION - LAW -off r ? IN CUSTODY Z- r-.* 7 SAMUEL FERRY, Defendant : NO. 07-1185 CIVIL TERM ` w yn CERTIFICATE OF SERVICE I, Alice Richards, Certified Legal Intern, Family Law Clinic, hereby certify that I served a copy of the Praecipe for Withdrawal of Appearance on the below-named individuals by depositing a copy of the same in the United States mail, postage prepaid, on August 27, 2010. Mark A. Mateya, Esq. Mateya Law Firm 55 West Church Avenue Carlisle, PA 17013 Heather Ferry Plaintiff 3817 Chestnut Street Camp Hill, PA 17011 John J. Mangan, Esq. Conciliator 17 W. South Street Carlisle, PA 17013 Alice Richards Certified Legal Intern --?` /-?'(0v\&1ckA__-_ FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ~~ ,_ ~'~4.~~ ~; , ILA ~ul~fir _!,~ F'~ l~ 2~ Cwl~~ ~E~:Lr1P~~ C~(J"x~`t' HEATHER FERRY, ~ `,~„.S'f 1...~'ro ;~ ~~ Plaintiff v. 5AMUEL FERRY, Defendant c.ti =~ 18~.0 ~g0.60 rtec. fF ,29 911. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-1185 CIVIL TERM IN CUSTODY COMPLAINT/PETITION TO MODIFY CUSTODY AGREEMENT AND NOW, comes Heather Ferry, by her attorney,lohn M. Kerr, Esquire, and fifes the within Complaint To Modify Custody Agreement, the nature of which is as follows: 1. Plaintiff is Heather Ferry, an adult individual residing at 3817 Chestnut Street, Camp Hill, Pennsylvania 17011 (hereinafter, "Mother"). 2. Defendant is Samuel Ferry, an adult individual residing at 537 N. Hanover Street, Apt. 8 Carlisle, Pennsylvania 17013 (hereinafter, "Father") 3. The parties are the natural parents of the following minor children: Casey B. Ferry, born October 1, 1999; Katelyn E. Ferry, born April 28, 2001; Abigail M. Ferry, born March 23, 2003; and Gabrielle L. Ferry, born November 15, 2005. 4. The children were not born out of wedlock. 5. On July 13, 2010, Father filed a Petition To Modify Custody, which resulted in a Custody Law Offim f ohn M.~err 5020 Rtltei Road State lOB Mechanicsburg, PA 37055 Ptco~: 717.766.4008 Fnx: 717.766.4066 Conciliation being conducted by John !. Mangan, Esquire on August 13, 2010 (see Custody Conciliation Report appended to attached Order). 6. Plaintiff incorporates by reference the listing of with whom the children have resided and when during the past five years as contained in Father's Petition To Modify Custody. 7. Mother attended the said Custody Conciliation with her counsel, the Family Law Clinic of Law CHfim of ~ohn M.~err 5020 Ritter Road Suite toe MechaNfsburg, PA 17055 Pt~t~: 717.766.4008 Fnx: 717.766.4066 Penn tate Dickinson School of Law. Professor Robert Rains, Esq. and Alice Richards, Certified Legal Intern attended from the Family Law Clinic. 8. Said Custody Conciliation resulted in an Order of Court, signed by the Honorable Edward E. Guido, dated August 23, 2010, which is appended to this ComplaintjPetition. 9. Prior to the Order being issued, undersigned counsel contacted John J. Mangan, Esquire, Custody Conciliator, and informed him that he [undersigned counsel] would be entering his appearance on behalf of Mother, who had informed him that she had either not made the agreements reflected in the soon-to-be-issued Order or had been been pressured by her attorneys to agree to stipulations against her judgment. 10. Undersigned counsel and Conciliator Mangan discussed whether to schedule afollow-up conciliation in lieu of recommending that the Court issue an Order which Mother was now stating she had not freely and voluntarily agreed to. 11. Conciliator Mangan indicated that he preferred to have the Order issued by the Court, but that he was willing to schedule afollow-up conciliation for on or about September 22, 2010, the date Father was to return to the area following training in Florida in his new position as Navy Recruiter. Undersigned counsel indicated that if such a conciliation was not promptly scheduled, he was inclined to file aComplaint/Petition To Modify Custody. 12. In fact, no such Conciliation has been scheduled, leading to the filing of the instant Complaint/Petition. 13. Mother avers that she did not agree with and/or was forced to agree to terms or provisions , or that certain provisions which were agreed to were not contained in the final Order. These include the following:: a) that Father shall have physical custody three out of every four weekends from Friday Law Offic E ohn M. .err Bozo Rltler xoad Suite toe MCCha[l1C.SbUr$, PA I7Q55 PrfoHe: 717.766.4008 Fnx: 7 t 7.766.4066 until Monday morning pursuant to his work schedule and that he shall furnish adequate notice to Mother. Instead, she had wanted Father to have every other weekend with a return by Sunday evening at 7:00 p.m. Moreover, since Father knows one year in advance which weekends he will be available, she should be informed well in advance. b) instead of the provision that Father shall have physical custody every Wednesday to Thursday morning, Mother preferred Tuesdays and Thursdays until 8:00 p.m. c) Mother wanted the right of first refusal in circumstances where Father would not be physically present to attend to his children. She was not enthusiastic about Father's paramour, Jamie Jo Nettleton, watching the children. d) Mother wanted all holidays, particularly Thanksgiving and Christmas, to begin when school ended. e) Mother wanted a provision that drop-off at school would be thirty (30) minutes before school begins. f) Mother wanted a set time for partial custody periods to begin. g) Mother favored a different summer vacation schedule than was placed in the Order. h) the original custody agreement provided that Father would move into the school district and obtain a larger residence more suited to having four children temporarily reside there. He has failed to do so. Moreover, he has indicated that he will be moving further away and to another school district by relocating to the New Cumberland Army Depot base this coming weekend. i) the original Order provided that each party would maintain life insurance policies naming the children as beneficiaries. This was to be included in the present Order. j) requested provisions concerning firearms were not included. Specifically, son Casey was to take a gun safety course and there must be one adult for every child Father would take to shooting range. k) it was understood that the parties were to attend an autism workshop. I} the provision in the Order stating that recommendations of treatment professionals would be followed was supposed to state that Father would make certain that daughter Abigail would take her medications. yaw o~h~e ~~ ohn M.~err Bozo totter Road Suite tog MCCi12IdC5bUr$, PA 17055 PtiontE: 717.766.4008 Fnx: 7 t 7.766.4066 14. Plaintiff has participated as a party in other litigation concerning the custody of the children in this court which resulted in the Order appended to this Complaint/Petition. She has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in another court. 15. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the children. 17. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 18. The best interest and permanent welfare of the children will be served by granting the requested relief in that Custody Orders should be based upon the voluntary agreement of the parties at Conciliation. WHEREFORE, it is requested that the Custody Order, entered August 23, 2010, be modified to reflect Mother's agreements entered into voluntarily and without duress. Respectfully submitted, Joh~/M. Kerr, Esquire Attorney f.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: October 4, 2010 Law Office of ohn M. .err Bozo Rlt[er [toad Sui[e tos MechanicsGurq, PA 17055 Ft~onie: 717.766.4008 Fnx; 717.766.4066 VERIFICATION The undersigned, Heather Ferry, hereby states that she is the Plaintiff in the foregoing action and, as such, is authorized to execute this Verification, and that any factual statement in the preceding Complaint To Modify Custody is true and correct to the best of her knowledge, information or belief. She understands that false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to falsification to authorities. 1 Heather Ferry VERIFICATION The undersigned, John M. Kerr, Esquire, hereby states that he is the attorney representing Plaintiff in the foregoing ComplaintJPetition To Modify Custody and, as such, is authorized to execute this Verification, and that any factual statement involving conversations he had with the Conciliator as set forth in the preceding Complaint are true and correct to the best of his knowledge, information or belief. He understands that false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. ~ rn John M. Ke r, Esquire HEATHER FERRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v' 2007-1185 CIVIL ACTION LAW SAMUEL FERRY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 06, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 18, 2010 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, 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. 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 THE COURT, By: /s/ ohn .Man an r. Es . 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 Y OU DO NOT HAVE AN ATTORNEY 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 `~ 7 f0 ~ ~~ -~ , ~ ~~ 32 South Bedford Street '=''~~/ ~ ~; t ~ `~" r7 ~ Carlisle, Pennsylvania 17013 ~~' Tele hone (717) 249-3166 - ~ - r~~ p ~ t ~ -~.~ ~a - ~ -~v ~'~ ~ `~~, ~ ~,~ ~f~' f - f ,+ ~ - ~.~ ~. _ _..k;~., ~ r:~t ~ .r-- _~~ T~ ~ HEATHER FERRY, Plaintiff V. SAMUEL FERRY, Defendant ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO.07-1185 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edward E. Guido 1. Prior Orders. All prior custody Orders of Court entered in this matter, to the extent they are inconsistent with this Order, are hereby VACATED and replaced with this Order. 2. Legal Custody. The Father, Samuel Ferry, and the Mother, Heather Ferry, shall have shared legal custody of Casey B. Ferry, born 10/01/1999, Katelyn E. Ferry, born 04/28/2001, Abigail M. Ferry, born 03/23/03 and Gabrielle L. Ferry, born 11/15 2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody -Mother shall have primary physical custody of the Children subject to Father's physical custody on a repeating two week schedule as follows: a. In week one, Father shall have custody from Tuesday after school until Wednesday morning and from Thursday after school until Friday morning, bringing the children to the Rutter's convenience store at the North George Street exit in York, Pennsylvania no later than 7:00 a.m. on Wednesday and Friday mornings. Should Father be more than ten minutes late, he shall be required to transport the Children to their school[s].The custody exchange after school on Tuesdays and Thursdays shall similarly be at the Rutter's at the North George Street exit in York, Pennsylvania. After school pickup shall be no later than 6:30 p.m., unless agreed to by the parties. b. Additionally, in week one, Father shall have custody from Friday after school until Monday morning. The custody exchange shall take place at the Rutter's at the North George Street exit in York, Pennsylvania. On Monday mornings, Father shall similarly have the children at the Rutter's by 7:00 a.m. c. In week two, Father shall enjoy custody on Tuesday and Thursday evenings, asset forth at sub-paragraph 3a above. d. In the event Father shall not be able to assume custody on a school night until after the Children's bedtime, Mother shall retain custody until the following day. e. Each parent shall share in the cost of transportation, meeting at the Rutter's convenience store at the North George Street exit in York, Pennsylvania, as detailed above. Each shall ensure that all reasonable efforts are made so that the Children are timely picked up/dropped off. f. The parties shall ensure that the Children are to attend their scheduled extra- curricular activities which the parties have agreed to during the custodial parent's periods of custody. g. It is understood by both parties that the Children will be attending school in the Eastern York School District. h. The parties may mutually agree to alter this schedule of physical custody when/if it is in the Children's best interests, specifically for Abigail. Absent such mutual agreement, the schedule set forth in this Order shall govern. 4. Firearms. The parties shall ensure that any and all firearms/ammunition are appropriately stored and the firearms have safety locks on them. The Children shall attend an approved gun safety course prior to the Children discharging a firearm and during anytime the Children are shooting a firearm, there shall be one adult per Child at all times. 5. Adherence to Professional Recommendations/Medication. The parties have agreed to, and shall adhere, to the recommendations from the professionals treating/providing services to the Children. Additionally, each parent shall ensure that the Children take their appropriate recommended medications. 6. Right of First Refusal. In the event that the custodial parent should require a caretaker/babysitter for the Children a period of time in excess of four hours, the custodial parent shall first offer said opportunity to the non-custodial parent. Non-Custodial Parental Contact. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. Summertime. The parties shall share physical custody during the summertime. The exchanges shall occur on Sundays. The custody exchange point shall similarly be the Rutter's Convenience Store at the North George Street exit in York, Pennsylvania. The schedule shall begin the first Sunday after school lets out (in 2011, to begin 06/12/11). Mother shall have the first two weeks (06/12-06/26), then Father shall have custody for two weeks (06/26-07/10), Mother shall then have one week (07/10-07/17), Father will then have two weeks (07/17- 07/31), Mother shall then have two weeks (07/31-08/14) and then Father shall have one week (08/14-08/21). 9. Holidays. The parties agree to continue to adhere to the holiday schedule which was placed in chart form and is appended to the Order, dated January 19, 2011. The holiday schedule shall supersede and take precedence over the regular custody schedule. 1.0. Death of Either Party. The parties intend that in the event of the death of either party, the deceased party's respective parents shall continue to have regular contact with the Children, particularly at holidays. 11. Out-of-State Trips. In the event the custodial parent should take the Children out of state,, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. Non-Disparagement. Neither party may say or do anything, nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 13. Medical Emergency. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency has been handled. 14. Drugs and Alcohol. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 15. Modification. This Order is entered pursuant to a Stipulation between the parties and may be modified by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: C-) o Z BY Cq --- "LS ? ? -C , , -try ? --c ? , A 4 N J. /John M. Kerr, Esquire, 5020 Ritter Road, Suite 104, Mechanicsburg, PA 17055 Mark Mateya, Esquire, 55 W. Church Avenue, Carlisle, PA 17013 ? John Mangan, Esquire, 17 W. South Street, Carlisle, PA 17013 (prior Conciliator) (0P; e 5 o HEATHER FERRY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1185 V. : CIVIL ACTION SAMUEL FERRY, CUSTODY Defendant STIPULATION AND NOW, come the above-named parties, Heather Ferry and Samuel Ferry, and STIPULATE AND AGREE that the Court shall enter the attached Order to resolve the custody matters now pending between them. They represent that their respective attorneys have reviewed the proposed Order with them. IN WITNESS WHEREOF, the parties have set their hands and seals on the dates below written. T V Bather Ferry !t?'nj ,2/S/gold (Date) Samue 2Qiz 0/ ©? (Date) ohn err aw john M. Kerr, Esquire Angela D. Feese. Legal Assistant February 9, 2012 HAND-DELIVERED Honorable Edward E. Guido Judge of the Court of Common Pleas Courthouse Square Carlisle, PA 17013 PC Re: Ferry v. Ferry No. 07-1185 (Cumberland Co.) Dear Judge Guido: Enclosed please find a signed Stipulation and proposed Order of Court, reflecting certain changes in the existing Order. The parties have been adhering to this arrangement since approximately last June and desire it to be entered as an Order of Court. Thank you for your assistance in this matter.. Respectfully yours, #A John M. Kerr cc: Mark A. Mateya, Esquire Heather Ferry 5020 Ritter Road, Suite 104 • Mechanicsburg, PA 17055 PIION : 717.766.4008 • FAX: 717.766.4066 0 EMAIL: KerrLaw@comcast.net • wvvw.johnkerrlaw.com HEATHER KING, formerly, known as HEATHER A. FERRY, Plaintiff V. SAMUEL A. FERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.07-1185 CIVILTERM PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on March 5, 2007, and service was obtained on the Defendant on March 12, 2007by certified mail number 7006 0100 0002 4039 0598. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. +Tt . --- : , c am tti? 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 set forth at 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 2 ?,?Q0- _ (Date) Heather King HEATHER KING, formerly, known as HEATHER A. FERRY, Plaintiff V. SAMUEL A. FERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1185 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 set forth at 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. (Date) Heather King C 5 D HEATHER FERRY, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSY LVANIA V. :CASE NO. 07-1185 u z r:, CIVIL ACTION - LAW SAMUEL FERRY, - =='. Defendant/Petitioner : IN DIVORCE r , AFFIDAVIT OF CONSENT - : 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on March 5, 2007. 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 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Samuel Ferry Defendant DATED: aWI Z- D 3 HEATHER FERRY, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 07-1185 : CIVIL ACTION - LAW SAMUEL FERRY, Defendant/Petitioner : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE '?-012 D S 3 ?~ Samuel-Ferry Defendant S;i HEATHER FERRY, Plaintiff VS. SAMUEL FERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1185 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 5-1 day of ?q, , 2012, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated May 22, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Ke n A. Hess, P. J. cc: /John M. Kerr Attorney for Plaintiff Mark A. Mateya r' Attorney for Defendant (op-.es rtcx,(ed ?(G L - . (_+) f' rry rlr MARRIAGE SETTLEMENT AGREEMENT By and between HEATHER KING, formerly known as HEATHER A. FERRY AND SAMUEL FERRY Dated: May 22, 2012 yvoN'rcjl mc. PC 41 - 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE by and between Heather King, formerly known as Heather Ferry (hereinafter, "Wife") and Samuel Ferry (hereinafter, "Husband"). WHEREAS, the parties hereto are husband and wife, having been married on July 14, 1999 in Clackamas County, Oregon; and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other; and WHEREAS, a divorce complaint was filed by Wife on March 5, 2007; and WHEREAS, the parties formally separated before the filing of the divorce complaint.. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings Y-11n Kr r a, -c 5020 Ritter Road Suite 104 McCharUCSburg,PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4066 hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Upon execution of this Agreement, the parties agree that each will sign the appropriate Affidavits of Consent and Waivers of Notice and to forward the same to Wife's counsel, who will deliver the transcript of the record to the Cumberland County Prothonotary and finalize the divorce. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Reconciliation will not void the provisions of this Agreement. 2. Effect of Divorce Decree. This Agreement shall continue to be effective after the entry of a Final Decree in Divorce between the parties. Agreement To Be Incorporated in Final Divorce Decree. This Agreement shall be Y5020 Rttter Road Suite 104 Mechanicsburg, PA 17055 Pt10NE: 717.766.4008 FAx: 717.766.4066 incorporated, but not merged with, any Divorce Decree which may be entered. The Court of Common Pleas, Cumberland County, Pennsylvania shall retain continuing jurisdiction over the parties and the subject matter for the purpose of enforcement of any of its provisions. 4. Date of Execution/Effective Date. The date of execution of this Agreement shall be the day when the party last signing has done so. This Agreement shall become effective and binding upon the parties once same is signed by both parties. 5. Division of Property/Satisfaction of Marital Property Rights. The parties agree to the following equitable distribution of marital property: A. Marital Home. The parties agree that the home at 3817 Chestnut Street, Camp Hill, Pennsylvania, which was deeded in Husband's name only but constituted marital property, has been sold and any proceeds distributed to the parties' satisfaction.. Each party waives any right against the other for any proceeds of this sale. B. Division of Personal Property. The parties agree that they have already equitably divided their personal property. C. Consideration. In full settlement of any rights Wife may have to equitable distribution of the marital estate, Husband agrees to pay Wife the sum of Fifteen Thousand ($15,000.00) Dollars, which shall be due upon execution by both parties of this Agreement. This payment shall be in full settlement of any and all monetary claims which either party may have against the other. This payment shall be made by Mateya Law Firm, P.C., as counsel to Husband, Samuel A. Ferry. As set forth infra., each party shall forever release the other from any claims whatsoever arising out of their marriage. D. Indiana Real Property. By execution of this Agreement and receipt of the consideration, Yvohii rrr.4a\+. PC 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PmO m: 717.766.4008 FAx: 717.766.4066 Wife relinquishes any interest she may have had in the real property located at 4201 Manasota Court, Nobelsville, Indiana 46062, which was purchased during the marriage and transferred by Husband to his Mother. E. Vehicles. The parties relinquish any interest they may have had in any vehicles presently in the possession of the other party. . F. Retirement and Pension Accounts. To the extent that either of the parties have retirement or pension accounts, each party relinquishes any claim on the other's retirement or pension accounts. Specifically, Wife acknowledges that she has no present or future interest in any Military Pension payments or disbursements as a result of having been married to Husband. G. No Other Assets._ Each of the parties specifically acknowledge that they do not have any other assets other than the ones described above. 6. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 7. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 8. Alimony. Both parties agree to waive any right to alimony following entry of a divorce ?.?hn ?'rr ??c PC 5020 Ritter Road Suite 104 Mechanicsburg. PA 17055 PeonE: 717.766.4008 FAx: 717.766.4066 decree. 9. Child Support. Child support properly payable in support of the parties' four children and controlled by a Cumberland County Domestic Relations Order shall not be affected by this Agreement. 10. Credit Card or Other Debt. The parties agree that each shall be responsible for their own debt incurred since separation. 11. Health Insurance. The parties agree that each shall be responsible for the cost of their own separate health insurance. 12. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 13. Waiver of Beneficiary Designation. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, and bank accounts. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. 14. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her own expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting there from. 15. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties or oral agreements other than those expressly set forth herein. 16. Legal Counsel. The parties agree that the provisions of this Agreement and their legal effect have been fully explained by their respective counsel, John M. Kerr, Esquire (Wife's counsel) and Mark Mateya, Esquire (Husband's counsel). Each party further represents that they have read the contents of this Agreement. 17. Default or Breach. It is expressly stipulated that if either party defaults or is in breach of the material obligations of this Agreement, the other party shall have the right to sue for damages for breach thereof, or to seek specific performance, or to seek any other legal remedies that may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. All such actions shall be brought in the Court of Common Pleas, Cumberland County, Pennsylvania. ?ohnrr 11C 5020 Ritter Road suite 104 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year below written. Samuel A. Ferry 1413 1 9-01 (Da ) 5020 Ritter Road Suite 104 McChaniCSbUr$, PA 17055 PuoNE: 717.766.4005 FAx: 717.766.4066 fitness U5br: - Witness HEATHER A. KING, formerly, known as HEATHER A. FERRY Plaintiff VS. SAMUEL A. FERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-1 185 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry ofa dvot'L decree: i . Ground for divorce: C Irretrievable breakdown under § (3301(c)) and- (999 i(A)E!)? of the Divorce Code. - (Strike out inapplicable section.) 2. Date and manner of service of the complaint: CERTIFIED RESTRICTED DELIVERY UPON DEFENDANT ON :3/12/2007 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff May 22, 2012 ; by defendant May 31, 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 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: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: June 4, 2012 Date defendant's Waiver of Notice was filed with the Prothonotary: June 4, 2012 4LL iv ?, ttorney for Plaintiff/Re€eftdet*- HEATHER A. FERRY, a/k/a HEATHER KING . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SAMUEL A. FERRY NO. 07-1185 CIVIL TERM DIVORCE DECREE a47 a ! s?,o• A4 . AND NOW, ?- e0*0/0' , it is ordered and decreed that HEATHER A. FERR , a/k/a HEATHER KING plaintiff, and SAMUEL A. FERRY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the C Attest: J. (• f 3 • I.? • C? { copy Ced -Ap t 4 /err" p e j tvfy d*dv , J