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HomeMy WebLinkAbout99-04908_? r-; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaint VERSUS ALAN L. OCKER No. 4908 1999 DECREE IN DIVORCE AND NOW, r)LLe/ -1 10 , 2000 , IT IS ORDERED AND DECREED THAT JOY E. OCKER PLAINTIFF, AND ALAN L OCKER DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The h ye pxeCU d a prnpprty cpttlpment anrppmpnt mhirh shall be incorporated but not merged into this decree. _ BY THE COURT: ATTEST: <3 8 JOY E. OCKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW ALAN L. OCKER NO. 99-4908 CIVIL TERM Defendant. IN DIVORCE MARITAL AGREEMENT /Y aim THIS AGREEMENT is made this 3 clay of 1999; by and between JOY E. OCKER, ("Wife") and ALAN L. OCKER ("Husband"). WHEREAS, the parties were married on July 5, 1981, and have remained married since that time; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they are living separate and apart from each other; and WHEREAS the parties wish to set forth certain covenants and understandings regarding their separation and their respective property rights; NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that this Agreement is entered into voluntarily and after due deliberation by each of them. Wife is represented by Peter J. Russo, Esquire, and Husband is represented by Samuel W. Milkes, Esquire, Jacobsen & Milkes. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Wife and Husband at all times hereafter 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, harassment or interference, indirect or direct, from each other. The foregoing provisions shall not, be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, Ocher u. Ocher, No. 99-4908 Civil Term. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they are executing, at the time of signing this agreement, the necessary Affidavits of Consent for the entry of a final divorce decree in the pending action. 4. LEGAL ADVICE: The parties acknowledge that Husband has been represented by Samuel W. Milkes, Esq. JACOBSEN & MILKES, as counsel in this matter, and that Wife has been represented by Peter J. Russo, Esquire in this matter. Wife and Husband each acknowledge that they have received, or have had the opportunity to receive independent legal advice from counsel of her or his selection prior to the execution of this Agreement. Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed as to her or his legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after Wife's consultation with her attorney and Husband's opportunity to consult with his attorney. The execution of the Agreement is not the result of any duress or undue influence, and it is not the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed of, or is 2 familiar with, the wealth, property, state, and income of the other, and each party is hereby satisfied that such information is true and correct. 5. PERSONAL PROPERTY: Wife will keep the china from her grandmother, the treadmill, the computer, which she already possesses, and various I 'r items of personal clothing of hers. Husband will keep all household, lawn and garden items, including furniture, appliances, and the primary computer. All other property, not covered specifically in this Agreement, is and shall remain the sole property of the individual possessing that property at the time of execution of this Agreement. 6. MARITAL HOME: Husband currently resides in the home purchased by the parties at 121 Echo Road, Carlisle, Pennsylvania. Husband agrees to continue making payments on said home, including mortgage payments, taxes, utilities, assessments, and any other obligations directly accruing with relationship to the ownership interest in this home and to hold Wife harmless for any responsibility for making payment on any of these expenses. Wife hereby transfers to husband any and all interest she has in this home and the parties agree that commensurate with the signing of this Marital Settlement Agreement, they shall execute a deed, transferring ownership of the home solely to Husband. Further, the parties acknowledge that Husband currently owns, in his name only, a building and real estate located at 495 Longs Gap Road, Carlisle, Pennsylvania. While this property is titled solely in Husband's name, Wife hereby relinquishes any and all interest which she may have in this real estate. The parties agree that to the extent any income may be received in connection with either property, that income is solely Husband's. 3 7. PENSION ACCOUNTS: Each party is and shall be considered to be a sole owner of any and all retirement, 401(k), pension, or other similar benefits now held in his or her name or on his or her behalf and the parties agree to execute any necessary documents, including a Qualified Domestic Relations Order, to effectuate this agreement. 8. STOCKS, BONDS, SAVINGS ACCOUNTS: The parties acknowledge that each is the full and separate owner of any and all stocks, bonds, savings accounts, checking accounts, certificates of deposit, IRA's, or other similar cash types of holdings which either party currently holds in his or her name. The parties further agree, however, that the bonds currently held for their children, Christopher and Jessica, are intended for the educational needs of those children and shall remain set aside for that purpose. 9. VEHICLES: Wife shall keep the 1991 GL Metro and Husband shall keep the 1999 Oldsmobile Elaro and he will keep the 1988 Dodge Ram. Each party will take any steps necessary, as soon as possible, to transfer any title to ownership he or she may have in the other person's vehicle. Each party will be solely responsible for continuing to make any payments currently due on these automobiles and that party will hold the other harmless and indemnify him or her for any failures in keeping payments current and in ultimately paying off any indebtedness associated with the vehicle. 10. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 4 11. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way or dower or courtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 12. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 13. PENDING OR POTENTIAL CAUSES OF ACTION: The parties understand that they may each have various types of claims for damages caused them by third parties. At present, a claim is pending by Wife for injuries she suffered. The parties are in agreement that any compensation, benefits, judgments or similar form of cash or other benefits received by either party, due to any lawsuit or claim of injury pursued by that party, is and shall be the full and sole property of Wife. Husband agrees to relinquish any claim or interest in the proceeds of the Wife's claim. The costs, fees, or any assessments against the parties in this legal proceeding shall be the sole responsibility of Wife. 14. AGREEMENT BINDING ON HEIRS: This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 5 16. 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. 16. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 17. 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. 18. BREACH OF AGREEMENT:In the event that either party breaches any provision of this Agreement or fails to timely perform his or her obligation under this Agreement, she or he shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at her or his election, to sue for damages for such breach or to seek such other and additional remedies as may be available to her or him. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. ALAN L. OCKER JOY E. OCKER 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: On this, the _ day of 1999, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared ALAN L. OCKER, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND On this, the _ day of 1999, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared JOY E. OCKER, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: PETER J. RUSSO, ESQUIRE Attorney for Plaintiff PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Joy E. Ocker IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan L. Ocker NO. 99 - 4RcK CIVIL TERM Defendant 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 Section 3301( c ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on Alan L. Ocker by Certified Mail, with return receipt on 8-16-99 3. Date of execution of the plaintiffs affidavit required by Section 3301(c) of the Divorce Code: 11-19-99 Date of service of plaintiffs affidavit on defendant: 11-7 - Q Date of execution of the defendant's affidavit required by Section 3301(c) of the Divorce Code: 1-cc 4. Related claims pending: None Res ectfull ubrni ed, Peter J. Russo Date: 9 1 a s 4ti -> ?? _ - 3? 34 AUG 1 6 1999p Joy E. Ocker IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan L. Ocker NO. 99 - 4 90 W CIVIL TERM Defendant IN DIVORCE ORDER OF COURT AND NOW, this. 11 day of 11999, upon consideration of the attached Complaint, it is h reb irected that the parties and their respective counsel appear before 5 Conciliator, at the on the _ y day of 1999, Hearing Custody Conference. t such Conference, an effort 'Will 4 made to resolve oPthe 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. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, By'-c-aw 1 A Lm Custody Conciliator U, C%1 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. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FILED-OMICE CF TFr :7"T iT IOTAAY 99 AUG 19 PM 12: 25 CUMBEIiLA'A; COUNTY PSNNS),UYA„!A all, Joy E. Ocker IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan L. Ocker NO. 99 - y9n S CIVIL TERM 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 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 Court House, 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Plaintiff Joy E. Ocker IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan L. Ocker NO. 99 - y 9 0? CIVIL TERM Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301 (d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through her attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 2 Stine Avenue, Carlisle, PA 17013, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 121 Echo Road, Carlisle, PA 17013, Cumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 42 years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 49 years and has resided continuously therein for at least six months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on July 5, 1981 in Carlisle, PA. 6. There are 2 children of the parties under the age of eighteen (18): Christopher Alan Ocker 12-13-81 Jessica Lauren Ocker 10-07-83 COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. 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, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Joy E. Ocker, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT 11 - CUSTODY 13. Plaintiff hereby incorporates by reference averments 1 through 12 of this Complaint as if each averment were set forth fully hereunder. 14. Plaintiff is Joy E. Ocker residing at 2 Stine Avenue, Carlisle, PA 17013, Cumberland County, Pennsylvania. 15. Defendant is Alan L. Ocker residing at 121 Echo Road, Carlisle, PA 17013„ Cumberland County, Pennsylvania. 16. Plaintiff seeks joint custody of the following children: Name Present Residence DOB Christopher Alan Ocker 121 Echo Road, Carlisle, PA 12-13-81 Jessica Lauren Ocker 121 Echo Road, Carlisle, PA 10-07-83 17. The children were not born out of wedlock. 18. The children are presently in the custody of the Defendant, who resides at, 121 Echo Road, Carlisle, PA, Cumberland County, Pennsylvania. 19. In the last five years the children have resided with the following persons and at the following address: Name Address Dates Joy E. Ocker 121 Echo Road, Carlisle, PA 01-94 to present Alan L. Ocker 121 Echo Road, Carlisle, PA 01-94 to present 20. The Defendant, the father of the children, is residing at 121 Echo Road, Carlisle, PA Cumberland County, Pennsylvania. He is married. 21. The Defendant currently resides with the following persons: Name Relationship Christopher Alan Ocker Son Jessica Lauren Ocker Daughter 22. The Plaintiff, the mother of the children, is residing at 2 Stine Avenue, Carlisle, PA, Cumberland County, Pennsylvania. She is married. 23. The Plaintiff currently resides with the following persons: Name Susan Walker Relationship Stepmother 24. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 25. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 26. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation right with respect to the children. 27. The best interest and permanent welfare of the children will be served by granting the relief requested as the parties are in agreement. 28. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests this Honorable Court to order that the parties: ecffully submitted, Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Date: a', a f dm PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Joy E. Ocker Plaintiff V. Alan L. Ocker Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - CIVIL TERM IN DIVORCE VERIFICATION I, Joy E. Ocker, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 51)3119 Joy afer 0 0 ? q - C a c? QZ PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Joy E. Ocker Plaintiff V. Alan L. Ocker Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -x-19 0 V CIVIL TERM IN DIVORCE ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, Defendant. Alan L. Ocker, and does hereby acknowledge that on the date indicated below he did receive a verified copy of a Complaint in Divorce filed against him in the above captioned case. Alan L. Ocker I Dated: 8'3) ,9? v,r> r? - n. . 1: L, ?? V: C1?Z1 U m ` Joy E. Ocker IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan L. Ocker NO. 99 - 4908 CIVIL TERM Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 13, 1999. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a Final Decree of Divorce without further notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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 understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Joy E. Ocker, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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. Joyo?E.,Ocker Date: //- /9- 99 IJJ? CV -??? c _ LLfi Vic:.. L.; ,,'ILU c. Gl ' 23 ? ? U JOY E. OCKER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-4908 Civil Term ALAN L. OCKER, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on August 13, 1999 on the grounds that the marriage of the parties is irretrievably broken. 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. 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. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Plaintiff and Defendant by a Marital Settlement Agreement. I verify that the statements made in the 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: o? ! OD 1( /,,.,. -? 4QeA-) ALAN L. OCKER :' _ ? ?. ,.. ; ; JOY E. OCKER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-4908 Civil Term ALAN L. OCKER, : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. 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: ?1 ???? l <C ?. (CIQW ALAN L. OCKER r` `! ,?_ °=,.. i -.., - ,, _ ;? :=? -.? _, ? > SEP 2 0 199 JOY E. OCKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-4904 y 9a P ALAN L. OCKER, Defendant IN CUSTODY OBDHt OF COURT AND NOW, this 14th day of September, 1999, the Conciliator, being advised by counsel for the Plaintiff that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for September 14, 1999 is canceled. FOR THE COURT, ?D Dawn S. Sun Esquire Custody Conciliator c W- ;. C . c l r N in N n ?J 1 1 u Ll : U 0 m rl- r. 1 1 JOY E. OCKER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vi. ALAN L. OCKER Defendant. CIVIL ACTION - LAW NO. 99-4908 CIVIL TERM IN DIVORCE ?{ CUSTODY ORDER AND NOW, this _ [ 2 54ay of--.. 1999, upon presentation and consideration of the Stipulation of the Parties, the following is hereby ordered and decreed: 1. The parties shall share legal custody of their two minor children, Christopher Alan Ocker (DOB: 12/13/81) and Jessica Lauren Ocker (DOB: 10/7/83). 2. Primary physical custody of the children shall rest with father, the Defendant herein. 3. Partial periods of physical custody of the children shall rest with mother, the Plaintiff herein, at times agreed upon by the parties, and according to the following schedule: a. Every other weekend from Friday after school until Sunday evening at 8:30 p.m. b. Overnight on Wednesdays from after school until the children return to school on Thursday morning. i 4. The parties shall alternate the following holidays: During eve n k years, mother shall have the following holidays: New Year's ae and Memorial Day. During odd numbered years, mother shall<:?? , e following holidays: Martin Luther King Day, Fourth of July, and L Day. Each of these days shall extend from 10:00 a.m. until 8:30 p.m., PILF?-''4T C ,. Cam, except that when the celebrated holiday falls on a Friday or Monday connected with a weekend that mother is to exercise partial custody, the children shall remain with mother continuously during that period. 5. On Mother's Day, the children shall be with mother and on Father's day, the children shall be with father. However, if these days fall on school days, this will be for the evening only, not overnight. Otherwise the days shall be from 10:00 a.m. until 8:30 p.m. 6. On the childrens' respective birthdays, the parties shall arrange for time that both parents can spend with the children, regardless of who is scheduled for the day. 7. Over the summertime, the children shall be with mother for six weeks, which may be taken in two-consecutive-week blocks of time, or may be non-consecutive. Mother shall advise father by April 30 of her schedule for the summer, in order to allow the parties to make plans. 8. Neither parent shall make disparaging remarks about the other in the presence or hearing of the children, nor shall either parent place the children in a position where the children are being expected to negotiate or facilitate custody or partial custody schedules. 9. Transportation shall be the responsibility of the parent who is receiving custody of the children, with the other parent retrieving the children at the end of that period. 10. Nothing in this Order shall be deemed to prevent the parents from varying from this schedule by mutual agreement, which the parents are encouraged to do, when appropriate w JOY E. OCKER Plaintiff V. ALAN L. OCKER Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4908 CIVIL TERM IN DIVORCE CiJSTQDY STIPULATION COME NOW, the parties to the above matter, each represented by counsel, Plaintiff represented by Peter J. Russo, Esq, and Defendant represented by Samuel W. Milkes, Esq., Jacobsen & Milkes and request that the attached Order of Court be entered by the Court, by stipulation of the parties. Respectfully submitted, BY: Samuel . Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717` 249.0497 (717) 249.8427 - Fax Attorney No. 30130 Peter J. Russo ATTORNEY AT LAW 61 West Louther Street Carlisle, PA 17013 17)t-19-2*i21 (717) 249-4514 Alan L. Ocker Date: 0 -(G - F7 Jo . v Date: A2 -17-99 a? a? O u, c,., Ell. .r C: r}