Loading...
HomeMy WebLinkAbout00-06542 "1 ( (, < . . . . . . . . '" "'Of. "'''' '" . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. . STATE OF . . . LAURA ANN GROVE, . No. 00-6542 Civil Action Plaintiff VERSUS . LEE EARL GROVE. . Defendant . . DECREE IN DIVORCE AND NOW, .:J::!' zoo I , IT IS ORDERED AND .n?'7 . . DECREED THAT LAURA ANN GROVE , PLAINTIFF, . . . . AND LEE EARL GROVE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE I3EEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . The parties' Separation and Property Settlement Agreement is incorporated herein and the court has jurisdiction over no other claim. . . . . "'''' '" '" '" '" '" '" BY THE COU;; d . U~~ P. OTHONOTARY . 'le .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . .' I 'If I 'e II ;! I I i,l ,I; l1 !'J ~j '1 ~ Vi 'iil li,~"""""., 5- {/.~I .J". t/.t) I , '",. '"" ,~ ' I!IlIIIII!II ',.... " . - . "'~ t!w/ - c?t!P7.u~ a ~ ~ 7t~ ~~~~ , ". "". -'r,y" - -~,~ 1'- vw~r 1 ~ Y"'~ .1Jl '_." ,r " .'" '" , ~. "~ ,i""""-~__,,,,_ ~ LAURA MILLER GROVE, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 6542 CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330 1 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service signed September 27,2000. 3. Complete either Paragraph A or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By the Plaintiff 2/20101; By the Defendant; 211310 I. B. (1) Dale of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: None. (2) Date of service of the Plaintiff's affidavit upon the Defendant: None. 3. Related claims pending: 4. 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; None B. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary; 2/21/01 Date Defendant's Waiver Notice in 3301(c) Divorce was filed with the Prothonotary; 2/13/01. ~_h _ - " -', ~~~',~.jjJ LAURA MILLER GROVE, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 6542 CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please incorporate the attached Marriage Settlement Agreement, dated January 22, 2001, to the above-captioned divorce action. Respectfully submitted, Dated: . //~l/oJ . ' ,~ -__"","l!!~' " " SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT Made this "2 'Z.. day of January, 2001, by and between LAURA MILLER GROVE (hereinafter referred to as WIFE) and LEE EARL GROVE (hereinafter referred to as HUSBAND); WITNESSETH: WHEREAS, the parties hereto were married on November 21, 1992, in Lancaster County, Pennsylvania; have been and are HUSBAND and WIFE; and as a result of this union, two children were born to wit: SARAH ANN GROVE, born May 10,1993 and LEE GROVE JR., born December 24, 1994, hereafter referred to as the "children." WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND 10 live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective fmancial and property rights and obligations as between each other, including, without limitation by specification; the settling of all. matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support and/or maintenance of the WIFE, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows: '---- 'I -I , .- -=~~~ ~_:.l.~' 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or 10 such defense as may be available 10 either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to the date hereof. The parties intend to secure a mutual consent divorce. 2. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, thisAgreerneIiI shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. 4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party as such place as he or she may from time to lime choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 5. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since their separation, she has not and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate " '~,~~."-""'j,,,- " might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands made against him by reasons of debts or obligations incurred by her. 7. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since their separation he has not and in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action from breach of any provisions of this Agreement. 9. REAL PROPERTY: The parties own two separate pieces of real estate. The marital home at 2410 Spring Road, Carlisle, Pennsylvania shall be the property of the HUSBAND together with any lien thereon. The parties' summer home located at 57 Waterside Drive, Plainfield, Pennsylvania shall be sold and the WIFE shall receive $6,000.00 (Six Thousand Dollars) from the proceeds of the sale of this home. The parties agree that pursuant to paragraph 1O(t) of this agreement that the joint loan with Waypoint Bank (formerly York Federal) shall also be fully satisfied from the proceeds of the sale of this home. Any remaining proceeds after these two disbursements have occurred shall be the sole property of the HUSBAND. 10. DIVISION OF PERSONAL PROPERTY: (a) The parties have heretofore divided their personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of , ""-",, ~ . , the other party, all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE respectfully, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. All items of personal property shall be divided between the parties as provided herein: (b) Personal Effects: All items of personal effects such as, but not limited to: jewelry, luggage, sports equipment, hobby collections and books, but not including furniture or any property, personal or otherwise specifically disposed of pursuanl to this agreement, shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was given or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any such langib1e personal property of the other. (c) Intangible Personal Property (other than Life Insurance): All stocks, bonds, cash, and sums on deposit in checking and saving accounts (owned by either or both parties) have been or will be divided to the mutual satisfaclion of the parties. (d) HUSBAND'S 401(K) plan: The HUSBAND recognizes that his 401(K) plan is a marital asset and is subject to equitable distribution under the Divorce Code. The parties agree that WIFE shall receive a lump sum of $55,000.00 (Fifty-five Thousand Dollars) from this plan. The WIFE shall be solely responsible for any and all tax liability associated with the transfer of this sum to her. The WIFE may choose to receive this sum directly or to deposit any portion of it into a qualifying IRA account as a "rollover". The parties agree to execute any and all documents including but not limited to a Qualified Domestic Relations Order (QDRO) in order to effectuate this transfer. (t) Debts: The parties' joint loan with Waypoint Bank (formerly York Federal) with a balance of approximately $28,902.00 (Twenty Eight Thousand, Nine Hundred and Two Dollars) .~ ,', ~~ ~--~-j"';;:?-- . , ~ ... " .. shall be satisfied by proceeds received from the sale of the summer home. This obligation shall be fully satisfied lIl).d paid at the time of the sale of the summer home. Each party shall be solely responsible for the bank credit cards that each possesses in his or her own name. (g) The parties further agree that neither will incur any future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereon. (h) Motor Vehicles: The WIFE shall maintain possession of the 1995 Ford Econoline and shall be responsible for any lien thereon. The HUSBAND shall maintain possession of the 1984 Toyota Pickup truck together with any lien thereon. The parties shall execute the appropriate documents including car titles as may be necessary. . 11. AFTER ACOUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 12. CUSTODY: Primary physical custody of the children shall be with the WIFE. Specific custody provisions shall be defined in a Custody and Visitation agreement being executed between the parties concurrently with is agreement. 13. ALLOWANCES TO WIFE AND ClllLDREN: The Wife shall apply to the Domestic Relations Office for support of the children. 14. COUNSEL FEES: Each party shall pay his or her counsel fees and expenses. Wife intends to pursue the divorce and to be the Plaintiff therein. HUSBAND agrees to sign the necessary documents, including an Affidavit of Consent and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. ;."..",. .~ " "0 ~_ li~ 0"""'.- . . . . .. 15. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request ofthe other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall be valid and continue in full force, effect and operation. 18. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 19. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 'ji' ,--,-- ~1I>;.o. . . , . . " " 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required to give full force and effect to the provisions of this Agreement. 21. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980. 22. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. WAIVER OF RIGHTS: The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. " ~-_J""",,' . . , . " 26. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents required to implement this Agreement. 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. cL.~~ LAURA MILLER GROVE d!(! ~ LEE EARL GROVE - 'l..l,..I}I&,"""",'1' LAURA MILLER GROVE, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-6542 CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER I, Recitals I. The Parties to this action have entered into a Separation Agreement dated January 22, 2001. The Court incorporated the Separation Agreement into its Decree of Dissolution of Marriage dated March 27, 2001. 2. The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") in the meaning of g414(p) of the Internal Revenue Code of 1986 ("Code"). The Court enters QDRO pursuant to its authority under the [Pennsylvania Divorce Code]. 3. This order creates and recognizes the existence of the Alternate Payee's right to give a portion of the benefits payable with respect to the Participant. II, Statements of Fact Pursuant to Code ~414(p) 4. This QDRO applies to the Wilson Paving Retirement Plan.("Plan") Lee Earl Grove ("Participant") is a participant in the Plan. Laura Miller Grove ("Alternate Payee") is the alternate payee for the purposes of this QDRO. 5. The Participant's name and mailing address is: Lee Earl Grove 2410 Spring Road Carlisle PA 17013 .", ,'--- _~~_M ~ ~ ., ~_1!IIIIlII -',. Uj n :j l-J ;2:.? CUiVjp&,'Ji\;S\:t~l':,0J~;jNT '/ ..- \j;!'_"~~,,,,,,:+,-,,,:_ :';,__--~",-,'W"-f.iJ~~!ffll!:i'1l'Wl~~~~iji!~.l~,,": '_, "-~JJ,:~D, ,~" ~':.!ll- ""-', 6. The Alternate Payee's name and mailing address is: Laura Miller Grove 147 Grant Street Ephrata PA 17522 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is: A lump sum of $22,000.00 shall be paid to the Alternate Payee, and $33,000.00 shall be transferred to the Alternate Payee's IRA account numbered 881-91870 and administered by Gilbert 1. Sager, located at POBox 925, 12 W Main Street, Ephrata, PA. III. Recitals Pursuant to Code ~414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a Qualified Domestic Relations Order requires the plan to pay to another alternate payee. IV. Time and Manner of Payment 11. The Plan shall pay, in lump sum, the amountclesignated in paragraph 7 of this QDRO to the Alternate Payee, and the designated IRA account owned by the Alternate Payee. The Plan shall pay this amount as soon as administratively feasible. 12. This QDRO does not require the Alternate Payee's consent to the distribution, and the Plan may distribute the amount described in paragraph 1 of this Part IV without obtaining any further consent from the Alternate Payee. ""-~-, , 13. If the Plan does not permit an immediate distribution of the amount described in paragraph II of this Part IV, the Plan shall pay that amount at the Participant's earliest retirement age as defined by Code S414(P)(4)(B). 14. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. IS. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO, and authorizes the Plan Administrator to withhold appropriate taxes at the time of distribution. 16. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code s!i40I (a)(l1) and 417, but that the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this Qualified Domestic Relations Order. The sole purpose of this paragraph 16 is to ensure payment to the Alternate Payee in case of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In case of the alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the Alternate Payee's beneficiary as the Alternate Payee. The Alternate Payee may file a written beneficiary designation with the Plan administrator. If the Alternate Payee fails to file a written beneficiary designation with the Plan Administrator, the Plan shall treat the Alternate Payee's estate as the Alternate Payee's beneficiary. , ,- - 1liIiliiiiI--' ,. " co ,"(_ . ';.--.' ,,-~ - "' "I"",; . . V, Procedure for Processing this QDRO 17. The Plan shall treat this QDRO in accordance with Codeg414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 18. The Plan Administrator promptly shall notifY the Participant and the Alternate Payee of the receipt of this QDRO and shall notifY the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notifY the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO d!e- f ~ LEE EARL GROVE ~ /J/, ~/oe- LAURA GROVE "I)~61 . Date ff~1 Date ~I~~ '1)0 ~I itness Date I ' J If (/2(eJ Date sq. The Court retains jurisdiction over this matter as provided by law. 4;,.'1 BY THE COURT, I ~ Z #0 I , J. t~,\~~ -'''*'-- --~ ; , .- ~ 'u:r ,. LAURA MILLER GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - &si-IJ.. CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Carlisle, P A 17013 (717) 243-7922 ..' lN~oM: " LAURA MILLER GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - ~S7'.:2- CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COMES NOW, Plaintiff LAURA MILLER GROVE, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE l. Plaintiff is LAURA MILLER GROVE, an adult individual who resides at 2410 Spring Road Carlisle, Cumberland County, PA 17013 2. Defendant is LEE EARL GROVE., an adult individual whose address is 2410 Spring Road, Carlisle, Cumberland County, PA 17013 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. The Plaintiff and Defendant were married on November 21,1992 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff and Defendant are not members of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. ;= lJ'iI , ;, '~, - " - .~<---.~ ".....~:ti' H WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, / ~'~ , .. VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to unsworn falsification to authorities. Date: (.511.,;20, f ,2000 - ......'- ~ , '~",; .' rli . .. LAURA MILLER GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 2000 - 6542 CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE W AlVER OF NOTICE OF INTENTION TO REOUEST 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 ifI 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. AFFIDAVIT OF CONSENT I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 26, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Waiver and Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. DATE'~200] ~ (!JJb- ~nZ- AURA MILLER GROVE - , , ~ If . . , LAURA MILLER GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 2000 - 6542 CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE W AlVER OF NOTICE OF INTENTION TO REOUEST 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. 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. AFFIDAVIT OF CONSENT 2. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 26, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Waiver and Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. DATE:;) 113 I ,2001 ~f'~ L E EARL GROVE "' . j . ,"- --I': ; I' ... . LAURA MILLER GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - Io'6Y 6 CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE ,:tl cJJ1' I, Lee Earl Grove, hereby accept service this~ of SctI(4r .7?-- , 2000 of the Notice to Defend and Complaint in Divorce filed in the above captioned matter. od(~ LEE EARL GROVE ~ ". - . , ._,.;--, ~ -. " - ,'" ']--"' "--" fED 1 8 20~ LAURA MILLER GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 ~ 6542 CIVIL TERM LEE EARL GROVE, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this /t.' day of f..d,VIJ~ , 200 I it is decreed that the Stipulation and Agreement for Custody and Partial Custody that has been executed by the parties named above shall be made an Order of this Court. The Court of Common Pleas of Cumberland County shall rnaintain jurisdiction in this matter. BY THE COURT, cc: James J. Kayer, Esquire Attorney for Plaintiff Mark Swartz, Esquire Attorney for Defendant AL t~ f10JJ 02-,2/-00 R){s J. r , " .,.JT ~ ",JTlJ1Y (,1 f'ro 'Fj v c,:) i:_,.... ,!1.,.r~'I' j n I I:, . CUi'vlr'Ff:I' ,"',",;, "'-"ll1iN'I" ~ -., '"' ",J ',..,IV~ '( PENNSYLll\NJA " _,JU_" 'N, "r, "r~T.~~\m!>1~1'~~~~~1Ii~~ .~ 0- ~ . :~-,/~" - - -, ',- ;. - ,~" .-~ ti; . , STIPULATION AND AGREEMENT FOR CUSTODY AND PARTIAL CUSTODY COMES NOW, LAURA MILLER GROVE, by and through her attorney, James J. Kayer, Esquire, and LEE EARL GROVE, by and through his attorney Mark D. Schwartz, Esquire, do stipulate and agree upon the following: 1. LAURA MILLER GROVE and LEE EARL GROVE are the natural parents of two minor children, SARAH ANN GROVE born May 10, 1993 and LEE EARL GROVE JR, born December 24, 1994. 2. Primary physical custody of the minor children, SARAH ANN GROVE AND LEE EARL GROVE JR, shall be placed in the mother, LAURA MILLER GROVE. 3. The parties shall have shared legal custody of the minor children, SARAH ANN GROVE AND LEE EARL GROVE JR. 4. The father, LEE EARL GROVE, shall have certain rights of partial physical custody of the minor children. Father shall have the children every other weekend beginning Fridays, at 6:00 p.m. until the following Sunday, at 8:QO p.m., and shall have the minor children on alternating weekends thereafter for the same days and hours or as parties mutually agree. 5. Mother shall have partial physical custody of the minor children on alternating holidays beginning with Easter, 2001, from 6:00 p.m. the evening prior to the holiday until 8:00 p.m., on the holiday. The holidays shall be New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. 6. If the mother is physically or mentally incapable of caring for the children, physical custody shall revert to the father. The maternal grandparents would share legal custody of the children with the father. The maternal grandparents would also enjoy partial physical custody of the children consistent with the schedule " ,.- -., " ll'lR set forth for the father in paragraphs 4 and 5 above. The parties agree that the maternal grandparents would not be fmancially responsible for any medical expenses for the children. 7. Father shall have partial physical custody of the minor children at other times as may be mutually agreed upon between the parties. 8. Mother shall not unreasonably withhold rights of visitation or temporary physical custody. 9. Father shall be responsible for transportation arrangements to and from partial physical custody unless otherwise mutually agreed upon by mother and father. This arrangement shall remain in affect until February 28, 2001 at which time Father shall be solely responsible to transport the children to and from periods of partial physical custody. Parties may modify this provision as they may agree. 10. The parties shall agree that child support shall be paid to the Plaintiff in the amount of$835.00 per month. $585.00 shall be deemed as child support and $250.00 will be deerned for day care expense. The parties are cognizant of the fact that either one may seek modification of this Support obligation by filing and appropriate petition with the Domestic Relations Office, and neither party waives the right to seek such relief as may be available through the Domestic Relations Office or similar authority. 11. The parties agree that the Father will carry vision insurance coverage for the children at all times as available through his employment. 12. The mother shall be responsible for the $5.00 co-payment required by the insurance for all medical visits. 13. The parties agree that they will each be responsible for half of any unreimbursed medical expenses. 14. On those weekends that the Father is to enjoy physical custody of the children he shall notify Mother of any occasion that he elects to go to work during those weekends and shall provide Mother with the opportunity to maintain custody of the children while he is at work. Mother shall ensure that she will 1 ~ ~ !lJ.iIll!!i>.!ij~"' not be required to work during those weekends that she is scheduled to enjoy her regular period of custody with the children. 15. The parties agree and anticipate that this Agreernent for Custody and Visitation may be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. 16. The parties do hereby stipulate and agree that they waive their respective rights to be present in court at the time an order is made pursuant to this Agreement for Custody and Visitation. IN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and seals intending to be legally bound hereby this \ day of G \pf u.C\\~ ,2001 L d!u-t ~ LEE EARL GROVE