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HomeMy WebLinkAbout03-2380IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI J. MARTINO, ) Plaintiff ) NO. ) v. ) ) THOMAS F. MARTINO, ) CIVIL ACTION - LAW 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 wamed 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 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with 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. LORI J. MARTINO, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO. C:a - ) v. ) ) THOMAS F. MART1NO, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Lori J. Martino, by and through her counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Lori J. Martino, an adult individual who currently resides at 521 Cobbler Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Thomas F. Martino, an adult individual who currently resides at 521 Cobbler Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on August 30, 1986 in Harrisburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. 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. COUNT I - DIVORCE PURSUANT TO §3301(e~ OR (d) OF TItE DIVORCE CODE The prior paragraphs this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II - DIVORCE PURSUANT TO §3301(a)(6) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by 10. reference thereto. 11. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 12. This action is not collusive. WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to §3301(a)(6) of the Divorce Code. COUNT III - EQUITABLE DISTRIBUTION The prior paragraphs of this Complaint are incorporated herein by 13. reference thereto. 14. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property constitutes "marital property" as defined by §3501 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court equitably divide all marital property. COUNT IV - COUNSEL FEES, EXPENSES AND COSTS OF SUIT 15. reference thereto. 16. him a reasonable fee. 17. action. The prior paragraphs of this Complaint are incorporated herein by Plaintiff has retained an attorney to bring this action and has agreed to pay Plaintiff has incurred and will incur costs and expenses in prosecuting this In accordance with §3502(c) of the Divorce Code, the Court may award to one of the parties the right to reside exclusively in the marital residence during the pendency of a divorce action. WitEREFORE, Plaintiff respectfully requests the Court enter an order that she be entitled to the exclusive use and possession of the marital residence during the pendency of the divorce action. 19. reference thereto. 20. 18. Plaintiff is not financially able to meet either the expenses or costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WitEREFORE, Plaintiff respectfully requests the Court enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT V - EXCLUSIVE POSSESSION OF FAMILY HOME The prior paragraphs of this Complaint are incorporated herein by COUNT VI - CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES AND INSURING LIFE AND HEALTH OF DEFENDANT 21. reference thereto. 22. AND OF RETIREMENT FUNDS The prior paragraphs of this Complaint are incorporated herein by During the course of the marriage, Defendant has maintained certain life and health insurance policies and retirement funds for the benefit of Plaintiff and the family. WHEREFORE, Plaintiff respectfully requests the Court enter an order directing Defendant to continue to maintain policies of life and health insurance and retirement funds for the benefit of Plaintiff during the pendency of this divorce action. Respectfully submitted, Donald T. Kissinger, Esqu~'e~ HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Lori J. Martino VERIFICATION I, Loft J. Martino, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce ~re tree and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 5/1 6/03 ~~~/~~ LORI J. MARTINO, Plaintiff THOMAS F. MARTINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2380 CIVIL TERM CIVIL ACTION - iLAW IN DIVORCE ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, Thomas F. Martino. Date: ~ --~) ~---~)~ ~ (717) 533-3280 PA I.D. No. 15615 LORI J. MART1NO, Plaintiff THOMAS F. MARTINO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2380 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Defendant, Thomas F. Martino, in the above-captioned action. Date: (717) 533-3280 PA I.D. No. 15615 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI J. MARTINO, Plaintiff THOMAS F. MARTINO, Defendant NO.03-2380 CWIL TERM CIVIL ACTION - LAW IN DWORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is entered into this lc,r~ dayof /~,~l.U ,2003, byand between LOR1 J. MARTINO (hereinafter referred to as "Mother") and THOMAS F. MARTINO (hereinafter referred to as "Father"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on August 30, 1986 in Hamsburg, Pennsylvania; WHEREAS, one child was bom of the mamage between the parties, namely Michael T. Martino, bom June 22, 1993; WHEREAS, on May 19, 2003, Wife initiated a divorce action docketed at the above action number in the Court of Common Pleas of Cumberland County; WHEREAS, contemporaneously herewith, the parties have entered into a Marital Settlement Agreement that fully and finally resolves all personal and property fights and obligations as between each other; WHEREAS, the parties hereto are desirous of settling the issue of legal and physical custody of their child without the necessity of court intervention; NOW, THEREFORE, in consideration of these premises, and of the mutual promises covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agree as follows: 1. Legal Custody. Mother and Father shall share legal custody of their child. Legal custody shall be defined as the right to make major decisions affecting the best interests of the child, including, but not limited to, decisions regarding mediical treatment and healthcare, religion, moral, education and standards of conduct. Mother and Father shall discuss and consult with one another on these decisions with a view towards adopting a harmonious policy calculated to promote the child's best interests. Mother and Father shall have the right to be kept informed of the child's educational, social, moral and medical development. Each parent shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and have copies of any reports, notices or other communication given to a parent. Each parent shall notify the other of any matter relating to the child which would reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2. Physical Custody. The parties agree to share physical custody pursuant to a general week-on/week-off arrangement. Notwithstanding the foregoing, custody shall first begin as follows: (a) Mother shall have custody of the child beginning Friday, July 1 I, 2003 at 5:00 p.m. continuing through Friday, July 18, 2003 at 5:00 p.m.; (b) Father shall have custody of the child beginning Friday, July 18, 2003 at 5:00 p.m. continuing through Sunday, July 27, 2003 at 12:00 p.m.; (c) Mother shall have custody of the child from Sunday, July 27, 2003 at 12:00 p.m. continuing through Friday, August 15, 2003 at 5:00 p.m.. During said period of custody, the parties agree that Father shall have custody of the child Saturday, August 9, 2003 at 5:00 p.m. to Snnday, August 10, 2003 at 5:00 p.m.; (d) Commencing Friday, August 15, 2003 at 5:00 p.m. Father shall have custody of the child through Sunday, August 24, 2003 at 5:00 p.m. Mother shall have custody August 24, 2003 at 5:00 p.m. through August 29, 2003 at 5:00 p.m. subject to daily custody periods in Father from 4:00 p.m. to 8:00 p.m.; (e) The week-on/week-offschedule sl~all commence August 29, 2003 with custody in Mother, and with pick-up and drop-offto occur Fridays at 5:00 p.m.; and (f) During the custodial parent's week, the parties agree that the non- custodial parent shall have partial physical custody of the child on Tuesdays from 4:00 p.m. until 8:00 Holidays. The parties shall alternate the following holidays, which shall commence at 10:00 a.m. the day of the holiday and conclude at 8:00 p.m. the day of the holiday, and which shall take precedence over the regular schedule: (a) Martin Luther King Day; (b) Presidents Day; (c) Memorial Day; (d) Fourth of July; (e) Labor Day; (f) Columbus Day; and (g) Veteran's Day. In odd-numbered years, Father shall have Martin Luther King Day, Memorial Day, Labor Day and (c) Memorial Day; (d) Fourth of July; (e) Labor Day; (f) Columbus Day; and (g) Veteran's Day. In odd-numbered years, Father shall have Martin Luther King Day, Memorial Day, Labor Day and Veteran's Day, and Mother shall have Presidents Day, the Fourth of July and Columbus Day. In even- numbered years, Mother shall have Martin Luther King Day, Memorial Day, Labor Day and Veteran's Day, and Father shall have Presidents Day, the Fourth of July and Columbus Day. In addition, the parties agree that Mother shall have custody of the child every Mother's Day from 10:00 a.m. until 8:00 p.m., and Father shall have custody of the child every Father's Day from 10:00 a.m. until 8:00 p.m. 4. Thanks~ Holiday~ The parties agree that the Thanksgiving holiday, which shall be defined as commencing the Wednesday before Thanksgiving at 5:00 p.m. through the Friday following Thanksgiving at 5:00 p.m., shall be handled as follows. Mother shall have custody of the child each Thanksgiving from Wednesday at 5:00 p.m. throngh Thanksgiving Day at 4:00 p.m., and Father shall have custody each Thanksgiving from Thanksgiving Day at 4:00 p.m. until Friday at 5:00 p.m. 5. Easter Holiday. The parties agree that the Easter holiday, which shall be defined as commencing Good Friday at 5:00 p.m. through Easte. r Sunday at 5:00 p.m., shall be altemated between the parties. In all odd-numbered years, Father shall have from Good Friday at 5:00 p.m. through Saturday at 5:00 p.m., and Mother shall have from Saturday at 5:00 p.m. through Easter Sunday at 5:00 p.m. In all even-numbered years, the schedule shall be reversed with Mother having the first period and Father having the second period. 6. Christmas/New Year's Holiday. The parties agree as follows with respect to the Christmas/New Year's Day holiday: (a) In odd-numbered years, Mother shall have the child from 12:00 Noon Christmas Eve through 12:00 Noon Christmas Day, and Father shall have from 12:00 Noon Christmas Day through 12:00 Noon December 26th; (b) In even-numbered years, Father shall have from 12:00 Noon Christmas Eve through 12:00 Noon Christmas Day, and Mother' shall have from 12:00 Noon Cl'u'istmas Day through 12:00 Noon December 26th; (C) In odd-numbered years, Mother shall have from 12:00 Noon New Year's Eve through 12:00 Noon January 1st, and Father shall have from 12:00 Noon January 1st through 12:00 Noon January 2nd; and (d) In even-numbered years, Father sl~all have from 12:00 Noon New Year's Eve through 12:00 Noon January 1st, and Mother shall have from 12:00 Noon January 1st through 12:00 Noon January 2nd. 7. Summer Vacation. Each party shall be entitled to custody of the child for two seven continuous day periods, which said two seven day periods shall not be consecutive, during the summer school vacation upon thirty (30) days advanc,: written notice to the other party. Moreover, the parties shall make all efforts to schedule such periods during the alternating weeks allocated to each. 8. Evaluation/Counseling. Each party agrees to present himself and herself to Deborah L. Salem, MHC, CAC of Interworks to address/evaluate the issues submitted by each party. Each party shall be permitted to participate and present fbedback in the evaluation of the other party and shall be entitled to receive Ms. Salem's recommendations concerning the other party. The initial cost of the meeting with Ms. Salem to address/evaluate the issues shall be shared by the parties. Thereafter, each party agrees to be solely responsible for any and all costs required in order to follow- up with the recommendations of Ms. Salem. The parties agree to present themselves within thirty days of the date of execution of this Stipulation unless Ms. Salem is nnable to see the parties within that period. If Ms. Salem is unable to see the parties within thirty days, the parties agree to present themselves at the earliest time available to Ms. Salem. 9. Child's Activities. The parties shall ensure that the child participates in all regularly scheduled activities during their periods of custody. If the designated time for pick-up or return of the child occurs during a scheduled activity, then pick-up or return of the child occurs during a scheduled activity, then pick-up or return shall occur at the activity. 10. Dis~araeing Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the child or in the presence of the child. 11. ~efusa_l. The parties agree that the non-custodial parent shall have a right of first refusal, if that parent is available to watch the child, before the custodial parent elects to utilize a babysitter or daycare for the child. 12. Telephone/Address. Each party shall keep the other apprise of his/her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody and control of the other party. 13. Transportation. Transportation of the child for custody exchanges shall be agreed upon between the parties; in the event the parties are unable to agree, the party obtaining custody of the child shall provide transportation. 14. Ent_a!_t_t_t_t_t_tD~f Court Order. The parties agree that the terms and provisions of this stipulation shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereto set their ihands and seals the day and date first written above. COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ~(~ ~ f /~.'.~ ) BEFORE ME, the undersigned authority, on this day personally appeared LORI J. MARTINO, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l r~ day of Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commissign. DONNA J. KNISEL~ NOT~ H~RISBUR~, DAUPHIN COUN~ . ~Y CC~,~SSiON ~PIR~ FEB. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF [~ ~ ~//}~ ) ) BEFORE ME, the undersigned authority, on this day personally appeared THOMAS F. MARTINO, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. G1VEN UNDER MY HAND AND SEAL OF OFFICE this [0'f~c day of ,2003. Notary Public iht and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: NOTARIAL SEAL [ DONNA J. KNISELI~ NOTARY PUBLIC HARRISBURG DAUPHIN COUNIY M~ COMNIISSION EXPIRES FEB. 161 2004 LORI J. MARTINO, Plaintiff THOMAS F. MARTINO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03 - 2380 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Thomas F. Martino, by and through his attorneys, Jmes, Smith, Dietterick & Connelly, and files the following Answer and Counterclaim to Plaintiff's Complaint in Divorce: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. No answer required. 9. Admitted. 10. No answer required. 11. Denied. It is denied that the Defendant has offered indignities to the Plaintiff. It is further denied that the Plaintiffis the innocent and injured spouse. 12. Admitted. 13. No answer required. 14. Admitted. 15. No answer required. 16. No answer required. 17. Admitted. 18. Denied. 19. No answer required. 20. Admitted. 2 I. No answer required. 22. Admitted. COUNTERCL~AIM COUNT VII PETITION FOR CUSTODY 23. There is one child bom of the marriage of Plaintiff and Defendant, namely Michael T. Martino, born June 22, 1993. 24. The minor child has resided with both the Plaintiff and Defendant since birth. The parties equally share physical custody of the minor child with the Plaintiffresiding at 521 Cobbler Court, Mechanicsburg, Cumberland County, Pennsylvania and the Defendant residing at 108 November Drive, Apt. 2, Camp Hill, Cumberland County, Pennsylvania as of July 24, 2003. 25. The Defendant has not participated as a party, wimess, or in any other capacity in any other litigation concerning the custody of said minor child in this or any other Court. 26. The Defendant does not have any information of any custody proceeding concerning said minor child pending in a Court of this or any other state. 27. The Defendant knows of no person not a party to this proceeding who has physical custody of said minor child or claims to have custody or visitation rights with respect to said child. WHEREFORE, the Plalntiffrequests the Court to enter a Decree: a. dissolving the marriage between the Plalntiffand Defendant; b. awarding shared legal and physical custody of the parties' minor child, Michael T. Martino, to the Defendant, Thomas F. Martino, and to the Plaintiff, Lori J. Martino; and c. for such further relief as the Court may determine equitable and just. Date: JAMEs, SMITH, DIETTERICK & CONNELLY (~,{~m~ ~. ~o~nnel~y, Jr., Esquire ~ ~of_n_ e tbK t~.r.r.r~ fendant gxJ.. Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 V~E R I F I C~.A T I O N_ I verify that the statements made in this Pleading are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI J. MARTINO, Plaintiff THOMAS F. MARTINO, Defendant ) ) ) ) ) ) ) NO.03-2380 CWIL TERM CWIL ACTION - LAW IN DWORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is entered into this lc. r~ day of ~ t~ ,2003, by and between LORI J. MARTINO (hereinafter referred to as "Mother") and THOMAS F. MARTINO (hereinafter referred to as "Father"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on August 30, 1986 in Harrisburg, Pennsylvania; WHEREAS, one child was bom of the marriage between the parties, namely Michael T. Martino, bom June 22, 1993; WHEREAS, on May 19, 2003, Wife initiated a divorce action docketed at the above action number in the Court of Common Pleas of Cumberland County; WHEREAS, contemporaneously herewith, the parties have entered into a Marital Settlement Agreement that fully and finally resolves all personal and property rights and obligations as between each other; WHEREAS, the parties hereto are desirous of settling the issue of legal and physical custody of their child without the necessity of court intervention; NOW, THEREFORE, in consideration of these premises, and of the mutual promises covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agree as follows: 1. Le~! Custody. Mother and Father shall share legal custody of their child. Legal custody shall be defined as the right to make major decisions affecting the best interests of the child, including, but not limited to, decisions regarding medical treatment and healthcare, religion, moral, education and standards of conduct. Mother and Father shall discuss and consult with one another on these decisions with a view towards adopting a harmonious policy calculated to promote the child's best interests. Mother and Father shall have the right to be kept informed of the child's educational, social, moral and medical development. Each parent shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and have copies of any reports, notices or other communication given to a parent. Each parent shall notify the other of any matter relating to the child which would reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2. Physical Custody. The parties agree to share physical custody pursuant to a general week-on/week-offarrangement. Notwithstanding the foregoing, custody shall first begin as follows: (a) Mother shall have custody of the child beginning Friday, July 11, 2003 at 5:00 p.m. continuing through Friday, July 18, 2003 at 5:00 p.m.; (b) Father shall have custody of the child beginning Friday, July 18, 2003 at 5:00 p.m. continuing through Sunday, July 27, 2003 at 12:00 p.m.; (c) Mother shall have custody of the child from Sunday, July 27, 2003 at 12:00 p.m. continuing through Friday, August 15, 2003 at 5:00 p.m.. During said period of custody, the parties agree that Father shall have custody of the child Saturday, August 9, 2003 at 5:00 p.m. to Sunday, August 10, 2003 at 5:00 p.m.; (d) Commencing Friday, August 15, 2003 at 5:00 p.m. Father shall have custody of the child through Sunday, August 24, 2003 at 5:00 p.m. Mother shall have custody August 24, 2003 at 5:00 p.m. through August 29, 2003 at 5:00 p.m. subject to daily custody periods in Father from 4:00 p.m. to 8:00 p.m.; (e) The week-on/week-off schedule shall commence August 29, 2003 with custody in Mother, and with pick-up and drop-off to occur Fridays at 5:00 p.m.; and (f') During the custodial parent's week, the parties agree that the non- custodial parent shall have partial physical custody of the child on Tuesdays from 4:00 p.m. until 8:00 Holidays. The parties shall alternate the following holidays, which shall commence at 10:00 a.m. the day of the holiday and conclude at 8:00 p.m. the day of the holiday, and which shall take precedence over the regular schedule: (a) Martin Luther King Day; (b) Presidents Day; (c) Memorial Day; (d) Fourth of July; (e) Labor Day; (f') Columbus Day; and (g) Veteran's Day. In odd-numbered years, Father shall have Martin Luther King Day, Memorial Day, Labor Day and Veteran's Day, and Mother shall have Presidents Day, the Fourth of July and Columbus Day. In even- numbered years, Mother shall have Martin Luther King Day, Memorial Day, Labor Day and Veteran's Day, and Father shall have Presidents Day, the Fourth of July and Columbus Day. In addition, the parties agree that Mother shall have custody of the child every Mother's Day from 10:00 a.m. until 8:00 p.m., and Father shall have custody of the child every Father's Day from 10:00 a.m. until 8:00 p.m. 4. Thanks~ The parties agree that the Thanksgiving holiday, which shall be defined as commencing the Wednesday before Thanksgiving at 5:00 p.m. through the Friday following Thanksgiving at 5:00 p.m., shall be handled as follows. Mother shall have custody of the child each Thanksgiving from Wednesday at 5:00 p.m. through Thanksgiving Day at 4:00 p.m., and Father shall have custody each Thanksgiving from Thanksgiving Day at 4:00 p.m. until Friday at 5:00 p.m. 5. Easter Holiday. The parties agree that the Easter holiday, which shall be defined as commencing Good Friday at 5:00 p.m. through Easter Sunday at 5:00 p.m., shall be alternated between the parties. In all odd-numbered years, Father shall have from Good Friday at 5:00 p.m. through Saturday at 5:00 p.m., and Mother shall have from Saturday at 5:00 p.m. through Easter Sunday at 5:00 p.m. In all even-numbered years, the schedule shall be reversed with Mother having the first period and Father having the second period. 6. Christmas/New Year's Holiday. The parties agree as follows with respect to the Christmas/New Year's Day holiday: (a) In odd-numbered years, Mother shall have the child from 12:00 Noon Christmas Eve through 12:00 Noon Christmas Day, and Father shall have from 12:00 Noon Christmas Day through 12:00 Noon December 26th; (b) In even-numbered years, Father shall have from 12:00 Noon Christmas Eve through 12:00 Noon Christmas Day, and Mother shall have from 12:00 Noon Christmas Day through 12:00 Noon December 26th; (C) In odd-numbered years, Mother shall have from 12:00 Noon New Year's Eve through 12:00 Noon January 1st, and Father shall have from 12:00 Noon January 1st through 12:00 Noon January 2nd; and (d) In even-numbered years, Father shall have from 12:00 Noon New Year's Eve through 12:00 Noon January 1st, and Mother shall have from 12:00 Noon January 1st through 12:00 Noon January 2nd. 7. Summer Vacation. Each party shall be entitled to custody of thc child for two seven continuous day periods, which said two seven day periods shall not be consecutive, during the summer school vacation upon thirty (30) days advance written notice to the other party. Moreover, the parties shall make all efforts to schedule such periods during the alternating weeks allocated to each. 8. Evaluation/Counseling. Each party agrees to present himself and herself to Deborah L. Salem, MHC, CAC of Interworks to address/evaluate the issues submitted by each party. Each party shall be permitted to participate and present feedback in the evaluation of the other party and shall be entitled to receive Ms. Salem's recommendations concerning the other party. The initial cost of the meeting with Ms. Salem to address/evaluate the issues shall be shared by the parties. Thereafter, each party agrees to be solely responsible for any and all costs required in order to follow- up with the recommendations of Ms. Salem. The parties agree to present themselves within thirty days of the date of execution of this Stipulation unless Ms. Salem is unable to see the parties within that period. If Ms. Salem is unable to see the parties within thirty days, the parties agree to present themselves at the earliest time available to Ms. Salem. 9. Child's Activities. The parties shall ensure that the child participates in all regularly scheduled activities during their periods of custody. If the designated time for pick-up or return of the child occurs during a scheduled activity, then pick-up or return of the child occurs during a scheduled activity, then pick-up or remm shall occur at the activity. 10. Disparaeing Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the child or in the presence ofthe child. 11. ~irst Refusal. The parties agree that the non-custodial parent shall have a right of first refusal, if that parent is available to watch the child, before the custodial parent elects to utilize a babysitter or daycare for the child. 12. Teleohone/Ad0ress. Each party shall keep the other apprise of his/her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody and control of the other party. 13. Transp_~rtation. Transportation of the child for custody exchanges shall be agreed upon between the parties; in the event the parties are unable to agree, the party obtaining custody of the child shall provide transportation. 14. Entry of Court Order. The parties agree that the terms and provisions of this stipulation shall be entered as an order of court. IN WITNESS WHEREOF, thc parties hereto set their hands and seals the day and date first written above. / - MAS F. MARTINO COMMONWEALTH OF PENNSYLVANIA ) ) BEFORE ME, the undersigned authority, on this day personally appeared LORI J. MARTINO, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. G1VEN UNDER MY HAND AND SEAL OF OFFICE this I,b dayof Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission e,~nire~: DONNA J. KNISEL~ NOTARY HARRISBURg, DAUPHIN COUNff ~ OO~B~ION ~P RES F~9. COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ~ ~f ~/t ~ ~'- ) BEFORE ME, the undersigned authority, on this day personally appeared THOMAS F. MARTINO, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. G1VEN UNDER MY HAND AND SEAL OF OFFICE this lOT~ day of ~1 ~/'~ ,2003. Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: NOTARIAL SB~L [ DONNA .I. KNISEL~ NOTARY PUBUC I HARRISBURG, DAUPHIN CouNTY | MY COMMISSION EXPIRES FEB. 16, 2004, LORI J. MARTINO, Plaintiff THOMAS F. MARTINO, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -2380 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT ANDNOW, this~'~ dayof ~'~ ,2003, theterms and conditions of the attached Custody Stipulation are hereby made an Order of Court. ¥1NYA'I,LS'NN?d -3OL4:Q-~3Fi':~ RECEIPT FOR PAYMENT CumberlanQ,CguntY prg~9~otary,s Office CarLisLe, Fa l~u~ Receipt Date Receipt Time Receipt No. 7/29/2003 16:05:30 140537 MARTINO LORI J (VS) MARTINO THOMAS F Case Number 2003-02380 Received of PD ATTY CONNELLY RL Total Check... + 70.00 Total Cash + .00 .... .00 Change ........ - Receipt total. 70.00 ........................ Distribution Of Payment Transaction Description Payment Amount ADD CUSTODY COU 55.00 JCP FEE 10.00 4.00 CUSTODY FEE 1.00 CUSTODY FEE-CO 70.00 Check No. 46027 CUMBERLAND CO GENEP~AL FUND BUREAU OF RECEIPTS AND CONTROL ADMINISTRATIVE OFFICE OF PA CT CUMBERLAND CO GENERAL FUND 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI J. MARTINO, Plaintiff THOMAS F. MART1NO, Defendant ) ) ) ) ) ) ) NO. 03-2380 CWIL TERM CIVIL ACTION - LAW IN DIVORCE May 19, 2003. PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301{c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights 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. I verify that the statements made above are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. LORI J. MARTINO, PLAINTIFF THOMAS F. MARTINO, DEFENDANT : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 2380 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 19, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a iDivorce 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 above are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI J. MARTINO, Plaintiff THOMAS F. MARTINO, Defendant ) ) ) ) ) ) ) NO. 03-2380 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the complaint: Service accepted by John J. Counelly, Jr., Esquire on June 5, 2003; Acceptance of Service filed on June 9, 2003. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, September 4, 2003; by defendant, September 4, 2003. Related claims pending: All claims resolved by Marital Settlement Agreement dated July 10, 2003 Date: Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the prothonotary: contemporaneously herewith. HD °onaW1Ed TT~ 5ids~g~';~EE~ ~ff~ONLEY, m.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Loft J. Martino IN THE COURT Of COiVIMON PLEAS LORI J. MARTINO, Plaintiff VERSUS THOMAS F. MARTINO, Defendant OF CUMBERLAND COUNTY STATE Of PENNA. 03-2380 C1V1L TERM NO. DecrEe IN DIVORCE ^No Now, I LORI J. MART1NO DECREED THAT THOMAS F. MARTINO AND l.'l l ?. . 2003, It IS ORDERED AND , PIAI NTI FF, , DEPENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING ClAimS WHICH HaVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HaS NOT YET BEEN ENTERED; None. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated July 10, 2003, are incorporated, but not Iiled oI record, m tla~s Decree m D~vorce t~y reterence as fu!ly as it' the same were set forth herein at length. Said Agreement shall not merge: with but shall survive this ATTEST: Dec, re in Divine*. PROTHONOTARY