Loading...
HomeMy WebLinkAbout01-6077WILLIAM H. MARTIN, JR., Plaintiff EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ~.O?~' CIVIL TERM CIVIL ACTION - LAW 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 will proceed without you and a decree in divorce or annulment may 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 at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 (717) 249-3166 WILLIAM H. MARTIN, JR., Plaintiff EMI1.y E. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01- ~,C~'77 CIVIL TERM ; : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is William H. Martin, an adult individual, currently residing at 208 Spring Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Emily E. Martin, an adult individual, cunently residing at 1250 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on March 1, 1980 in Duncansville, Blair County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is a not member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since May 1, 1999 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Coua to enter a decree in divorce. COUNT H EQUITABLE DISTRIBUTION Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their 12. full text. 13. Plaintiff and Defendant are joint owners of various items of real and personal property acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, Kir~tin M. Sweigard,-Esqture KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff WILLIAM H. MARTIN, JR., Plaintiff EMILY E. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 01- CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE ATTORNEY VERIFICATION The undersigned, Kirstin M. Sweigard, Esquire, hereby verifies and states that: 1. She is the attorney for the Plaintiff, William H. Martin, Jr.; 2. She is authorized to make this verification on his behalf; 3. The facts Set forth in the foregoing Divorce Complaint are known to her and not necessarily to her client; 4. The facts set forth in the foregoing Divorce Complaint are true and correct to the best of her knowledge, information, and belief; 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. RESPECTFULLY SUBMITTED, Kirsfin M. Sweigard - o KLINE LAW OFFICE 714 Bridge Street New Cmberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Plaintiff WILLIAM H. MARTIN, JR., Plaintiff EMILy E. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~6~3-o~,~t CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above captioned case upon Defendant, by certified mail, return receipt requested on October 27, 2001 addressed to: Emily Martin 1250 Oyster Mill Road Camp Hill, PA 17011 and did thereafter receive same as evidenced by the attached Post Office receipt card dated October 27, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Kirstin M. Sweigard, Esq. KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Plaintiff p- · Complete items 1, 2, end 3. Also oomplete item 4 if Restricted Delivery is desired. · Print your name and addmes on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, o~ on the front if space permits. 1. Article Addressed to: A, Regaived b YES, enter delivery r-1 No 3. ~Se~ice ~ ~ Certified Mall [] Express Mall [] ~glstered [] Return Receipt for Merchandlme [] Insured Mail [] 4. Restricted Delivery? (Extra Fee) [] Yes 2, A~icle Number (Copy fro~ Ps Form 3811, July 1999 7001 1140 0000 5792 2937 Domestic Return ReC~pt 102595-00-M-0952 WILLIAM H. MARTIN, JR. Petitioner EMILY E. MARTIN, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-6077 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE RULE TO SItOW CAUSE AND NOW, this ~- (a Ii% day of ~ ~.~ A , 2002, upon consideration of the Within Petition for Exclusive Possession of the Marital Home, Respondent is ordered to Show cause, if any, why the requested relief should not be granted. A heating is scheduled for the o'clock,/q".M, in Courtroom No. Courthouse, Carlisle, Pennsylvania. of the Cumberland County BY THE COURT, Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR., Plaintiff V, EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: ,AND NOW, this 5th day of April 2002, enter the appearance of Mark C. Duffle, I.D. 75906 on behalf of Defendant in the above-captioned suit. :156717 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By: Attorney i.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR., Plaintiff/Petitioner EMILY E. MARTIN, DefendanFRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE ANSWER TO PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE and RULE TO SHOW CAUSE AND NOW, this day of April 2002, comes the Respondent, EMILY E. MARTIN, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and flies the following Answer to Petition for Exclusive Possession of the Marital Residence, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. Denied in part. It is admitted that on or about May 4, 1998, the Petitioner and Respondent separated. 6. Admitted. 7. Admitted. 8. Denied. From May 4, 1998, until present, Petitioner has paid the mortgage. The Respondent has paid all of the household bills incident to ownership and occupation of the residence. 9. Denied. Respondent did not agree that she would leave the marital home by February 28, 2002, or begin paying Petitioner $700.00 per month to cover the mortgage. 10. marital home. 2002. Admitted in part. Denied inpart. It is admitted that Respondent is still residing in the It is denied in that Respondent never agreed to vacate the marital home as of February 28, 11. Admitted in part. Denied in part. It is admitted that through April 4, 2002, the Respondent had not paid any money for the payment of the mortgage. It is denied in that as of April 4, 2002, pursuant to an Interim Order of Court entered upon the recommendation of Michael Rundle, Support Master, and signed by the Honorable Kevin A. Hess, and supported by Findings of Fact, the Court determined the payment of the mortgage will satisfy the spousal support obligation between Petitioner /Obligor and RespondentJObligee. Therefore, by offsetting the spousal support obligation and the mortgage contribution, the Respondent will begin paying her share of the mortgage on the home in which she is residing. 12. Admitted in part. Denied in part. It is admitted in that the home was pumhased by the Petitioner and the Respondent from Petitioner's grandparents. The prior owner was a Mr. Ralph Kitner, who is of no relation. Respondent is uncertain as to whether there was an "understanding" that the home would remain in the family, but certainly has no intentions other than to jointly convey the property to her children eventually. 13. Denied. Respondent has no information as to what Petitioner's intentions are with any marital property following dissolution of the marriage. 14. Denied. Respondent has no information as to any East Pennsboro School District tuition as it relates to this child's residence. It is believed and therefore averred that if the parties would agree to share physical custody of the minor child, then the child could attend East Pennsboro School District without tuition. 15. Denied. desires are. It is denied in that the Respondent has no information as to what Petitioner's 16. Admitted in part. Denied in part. It is admitted that the Respondent will not vacate the marital home. It is denied in that Respondent has been Ordered and has not appealed the Order directing i~er to pay her fair portion of the mortgage on the marital home in which she resides. WHEREFORE, Respondent respectfully requests this Honorable Court to denY Petitioner's Petition for exclusive possession of the marital residence and award Respondent costs and fees for having to defend the same. FURTHER RESPONSE TO RULE TO SHOW CAUSE 17. The averments set forth in paragraphs one (1) through sixteen (16) are incorporated herein as if set forth fully. 18. Petitioner and Respondent both filed actions for child support and spousal support respectively, to which an Interim Order of Court was entered and signed by the Honorable Kevin A. Hess premised upon the findings of Michael Rundle, Support Master. That Order directed Respondent to pay $210.00 per month as a contribution to the mortgage on the marital residence. A true and correct copy of said Interim Order and Findings of Fact is attached hereto and incorporated herein by reference as Exhibit 19. Both Petitioner and Respondent filed Petitions for Protection from Abuse against the other. A final Order of Court was entered on December 4, 2001, in the matter of William H. Martin. Jr.. v. Emily E. Martin. That particular Order, having been entered at the consent of the parties, excluded Respondent, Emily E. Martin, from the residences at 208 Spring Lane, Enola, Pennsylvania, and 3201 N. Second Street, Harrisburg, Pennsylvania. A true and correct copy of said Order is attached hereto and incorporated herein by reference as Exhibit "B." 20. On January 22, 2002, this Honorable Court entered a final Order in the matter of E~ Eveanna Martin v. William Harr~ Martin. Jr. (Docket no. 01-6462), pursuant to a consensual agreement under the Protection from Abuse Act. That Order of January 22, 2002, indicates that the Defendant has agreed to be "completely evicted and excluded from the residence at 1250 Oyster Mill Road, Camp Hill, Pennsylvania 17011." A true and correct copy of said Order is attached hereto and incorporated herein as Exhibit "C." 21. The Respondent has recently begun a new position as a manager with the Dollar Tree store in Enola. During the pendency of the divorce action and sometime into the future, Respondent would not be able to afford her own place of residence and would ask this Honorable Court to allow her to continue residing in the marital residence. 22. The parties hereto have submitted their Pre-trial Statements pursuant to Pa.R.C.P. No. 1920.33, and the Master's hearing will be scheduled in the near future. At that time, the Divorce Master can determine the fate of the marital residence and who will be permitted to continue residing in that residence. 23. The Petitioner in this matter is the party who chose to vacate the marital residence and cohabitate with a girlfriend in Harrisburg. 24. Due to the fact that the Petitioner is residing in a residence owned by his girlfriend and that the Respondent has no prospect of owning or renting another residence until the divorce has been finalized, it would be unjust to allow Petitioner back into the marital residence due to the economic constraints that the parties face. 25. With a fair and equitable settlement in the divorce action and a mortgage contribution in the interim, Respondent can afford to continue living in the marital residence. 26. Petitioner entered into a consensual Protection from Abuse Order indicating that he will be excluded from the residence at 1250 Oyster Mill Road; Camp Hill, Pennsylvania, for the period of one (1) year. WHEREFORE, the Respondent respectfully requests this Honorable Court to deny Petitioner's Petition for exclusive possession of the marital residence and direct that the Respondent be permitted to retain possession of the marital residence. :157458 Respectfully submitted, JOHNSON, DUFFLE, ST/~ART & WEIDNER Marl~ C. Duffle Attorney I.D. No. 7~06 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Emily E. MaAin I, Mark C. Duffle, attorney for Defendant/Respondent Emily E. Martin, state that I am authorized to make this Verification on her behalf, and that the statements made in the foregoing Answers and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: /Mark C. Duffi~[.J Attorney I.D. No. 7]5906 & WEIDNER CERTIFICATE OF SERVICE AND NOW, this 23rd day of April 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answers and New Matter upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kirstin M. Sweigard, Esquire THOMAS & ASSOCIATES 3111 N. Front Street Harrisburg, PA 17110 JOHNSON, DUFFLE, STEWAR/~IDNER MCark C. Duffie ]~ ~ Exhibit A EMILY E. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. MARTIN, JR., Defendant DOMESTIC RELATIONS SECTION : PACSES NO. 497104050 : NO. 1017 SUPPORT2001 WILLIAM H. MARTIN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION EMILY E. MARTIN, Defendant : PACSES NO. 415104204 : NO. 70 SUPPORT 2002 INTERIM ORDER OF COURT AND NOW, this 4th day of April, 2002, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: To the case docketed to 1017 Support 2001, the Defendant, William H. Martin, Jr., shall pay for the support of his son, Wesley David Martin, born November 29, 1985, the sum of $664.00 per month. This obligation shall be effective December 3, 2001, and shall be suspended January 24, 2002. B. The Defendant shall pay 68% of the unreimbursed medical expenses incurred by said child that exceed $250.00 per year. The Plaintiff, Emily E. Martin, shall provide health insurance for the benefit of said child which obligation shall not be suspended on January 24, 2002, but rather shall continue so long as she is obligated to pay Support for said child to the case docketed to 70 Support 2002. To the case docketed to 70 Support 2002, the Defendant, Emily E. Martin, shall pay for the support of her son, Wesley David Martin, born November 29, 1985, the sum of $71.00 per month effective January 24, 2002. The Defendant shall pay 30% of the unreimbursed medical expenses incurred by said child that exceed $250.00 per year. The Plaintiff, William H. Martin, Jr., shall pay the remaining 70% of said expenses. .......... ~. Any arrearages that may exist to the case docketed to 1017 Support 2001 on January 24, 2002, shall be credited to the Defendant in the case docketed to 70 Support 2002. G. William H. Martin, Jr., shall continue to pay the mortgage on the marital residence situate at 1250 Oyster Mill Road, Camp Hill, Pennsylvania, in a timely fashion directly to the lender and shall provide proof of said payments to the Domestic Relations Section when requested. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE A-I-rACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(0, Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. Bythe Court, Kevin A. Hess, J. CC: Emily E, Martin William H. Martin, Jr. Mark C. Duffle, Esquire Kirstin M. Sweigard, Esquire DRO EMILY E. MARTIN, Plaintiff V. WILLIAM H. MARTIN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 497104050 NO. 1017 SUPPORT 2001 WILLIAM H. MARTIN, JR., Plaintiff V. EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 415104204 NO. 70 SUPPORT 2002 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 25, 2002, the following report and recommendation are made: FINDINGS OF FACT The Plaintiff in the case docketed to 1017 Support 2001 is Emily E. Martin, who resides at 1250 Oyster Mill Road, Camp Hill, Pennsylvania. She is the Defendant in the case docketed to 70 Support 2002. The Defendant in the case docketed to 1017 Support 2001 is William H. Martin, Jr., who resides at 3201 North Second Street, Harrisburg, Pennsylvania. He is the Plaintiff in the case docketed to 70 Support 2002. 3. The parties are husband and wife having married on March 1, 1980. 4. The parties separated on May 4, 1998. 5. The parties are the parents of Wesley David Martin, born November 29, 1985. 6. Prior to January 24, 2002, said child resided with his mother. On January 24, 2002, the child moved into his father's residence. Exhibit "A" 7. On December 3, 2001, the wife filed a complaint for spousal support and child support. On January 25, 2002, the husband filed a complaint for child support. The parties also have an 18-year-old emancipated daughter who resided with her mother until December, 2001. 9. From May, 1998, through October, 2001, the husband paid the wife $600.00 per month. In November, 2001, he paid her $300.00. 10. The wife resides in the jointly owned marital residence which is subject to a mortgage. 11. The husband has paid $700.00 per month on said mortgage since the separation. 12. On March 18, 2002, the wife became employed as an assistant manager for Dollar Tree where she earns $8.00 per hour for a 40-hour week. 13. Prior to her present employment the wife worked as a driver for Konica earning $7.21 per hour for a 40-hour week. 14. While employed with Konica, the wife had health insurance on herself and the child at a cost of $50.74 per week. 15. The wife will be obtaining health insurance through COBRA until July, 2002, when she will be eligible for benefits through her employer. The cost of the COBRA coverage was unknown at the hearing. 16. In tax year 2001 the wife filed her federal income tax return as head of household and claimed the child. 17. In tax year 2002 the wife will file as married/separate. 18. The Defendant is a self-employed tile setter. In 2000 the Defendant had a gross profit from his business of $36,692.00. 19. The Defendant did not have his 2001 federal income tax return for the hearing but estimated that his gross income for 2001 was approximately $5,000.00 higher than in 2000. 20. The Defendant has filed his federal income tax returns as head of household and claimed both children in 2000. In 2002 he will be eligible to claim his son. 21. The monthly mortgage payment on the marital residence does not include taxes. 22. Real estate taxes on the marital residence are delinquent for 2001. 23. The wife filed a divorce complaint in October, 2001, but has not filed a claim for alimony pendente lite. DISCUSSION In Pennsylvania a dependent spouse is entitled to support until it is proven that the conduct of the dependent spouse constitutes grounds for a fault divorce, and the party seeking to nullify the obligation bears the burden of proving the conduct claimed by clear and convincing evidence. Crawford v. Crawford, 633A.2d. 155 (1993). The husband in this case denied liability for spousal support but presented no evidence to establish a basis to deny entitlement to his wife. Consequently the husband continues to have an obligation to support his wife. The wife's earnings will be set at $320.00 per week gross. The husband will be assessed an earning capacity of $3,300.00 per month. His net profits from self-employment in 2000 were $36,692.00. He estimated an additional $5,000.00 gross income in 2001. This supports an estimated $3,000.00 more in net profits. Although the wife did not have the exact insurance premium she would be required to pay through COBRA, an adjustment will be made on the basic child support obligation based upon the premium she was paying while employed for Konica, $50.74 per week: A support guideline calculation is shown on Exhibit A. Based upon the incomes set forth above and with the adjustment for health insurance, the husband's child support obligation from December 3, 2001, through January 23, 2002, is $664.00 per month. The Defendant's spousal support obligation for this same period of time is $210.00 per month. However, the Defendant is paying $700.00 per month on the mortgage on the marital residence in which the wife resides. Consequently a recommendation will be made to deviate from the guidelines by eliminating the spousal support obligation. In effect the husband will pay the mortgage on the home in which he has an ownership interest and will be entitled to claim the interest paid on the mortgage for tax purposes in lieu of paying a spousal support obligation. Commencing January 24, 2002, the wife has a child support obligation while the husband continues to have a spousal support obligation. Again the payment of the mortgage will satisfy the spousal support obligation. The guideline calculation for the wife's child support obligation is set forth on Exhibit B. With the same incomes set forth above and after making the adjustment for health insurance, the wife's child support obligation is $71.00 per month. There is no reason for further deviation under Rule 1910.16-5. RECOMMENDATION To the case docketed to 1017 Support 2001, the Defendant, William H. Martin, Jr., shall pay for the support of his son, Wesley David Martin, bom November 29, 1985, the sum of $664.00 per month. This obligation shall be effective December 3, 2001, and shall be suspended January 24, 2002. The Defendant shall pay 68% of the unreimbursed medical expenses incurred by said child that exceed $250.00 per year. The Plaintiff, Emily E. Martin, shall provide health insurance for the benefit of said child which obligation shall not be suspended on January 24, 2002, but rather shall continue so long as she is obligated to pay support for said child to the case docketed to 70 Support 2002. To the case docketed to 70 Support 2002, the Defendant, Emily E. Martin, shall pay for the support of her son, Wesley David Martin, born November 29, 1985, the sum of $71.00 per month effective January 24, 2002. The Defendant shall pay 30% of the unreimbursed medical expenses incurred by said child that exceed $250.00 per year. The Plaintiff, William H. Martin, Jr., shall pay the remaining 70% of said expenses. Any arrearages that may exist to the case docketed to 1017 Support 2001 on January 24, 2002, shall be credited to the Defendant in the case docketed to 70 Support 2002. Date William H. Martin, Jr., shall continue to pay the mortgage on the marital residence situate at 1250 Oyster Mill Road, Camp Hill, Pennsylvania, in a timely fashion directly to the lender and shall provide proof of said payments to the Domestic Relations Section when requested. Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Docket Number: 1017 S 2001 Defendant Name: William H, Matin, Jr, PACSES Case Number: 497104050 Plaintiff Name: Emily E. MaAin ~her Case ID Number: 1. Number of Dependents In this Case 1 2. Total Gross Monthly Income $3,300.00 $1,386.67 3. Less Monthly Deductions $707.43 $158.78 4. Monthly Net Income $2,592.57 $1,227.89 Line 2 minus Line 3 5 a. Combined Total Monthly Net Income Amounts on Line 4 Combined ~ ~' ~ ,~ 5 b. Derivative Soc. Sec. Benefits Paid to Child(ren) 5 c. Adjusted Combined Total Monthly Net Income 6 a. Child Suppo~ Obligation based on Adjusted Income (Line 5c) 6 b. Less Derivative Soc. Sec. Benefits (Line 5b) (-) 6 c. Basic Child Suppo~ Obligation From Rule ~910.1~3 Basic Child Suppod Schedule ~ ~,,~:~,~,,. $759.00 ~:~ ~:~ ~,~ 7. Net Income as a Percentage of Combined ~ount 67.86 32.14 8. Each Parent's Monthly Share of the Child Suppo~ Obligation $515.06 $243.94 9. Adjustment for Shared Custody Rule 1910.16-4 (c) (~ of Overnights: ) 10. Adjustment for Child Care Expenses Rule 1910.16-6 11. Adjustment for Health Insurance Premiums Rule 1910.16-6 (b) $149.20 12. Adjustment for Unrelmbursed Medical Expenses Rule 1910.16-6 (c) 13. Adjustment for ~ditional ~penses Rule 1910.16-6 (d) 14. Total Obligation with ~justments Line 8 minus Line 9, plus Lines 10,11,12,13 $664.26 15. Less Split Custody Counterclaim Rule 1910.16-4 (d) 16. Obligors Suppo~ Obligation Line 14 minus Line 15 $664.26 Prepared by: mrr ~ Date: 312712002 Sl. PACSES Multiple Family Adjustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) S4. Final Calculated Support Obligation Line 16 (or S 1, if applicable) plus Line S2 and S3, if applicable TAX INFORMATION Tax Method S5. Defendant 1040 ES S6. Plaintiff 1040 ES Filing Status Head of Household S7. Total Support Amount if Deviating from Guidelines Calculation Head of Household $210.13 Monthly: Weekly: $874.39 $201.24 Exemptions 1 2 Monthly: Weekly: S8. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCalc 2002 In the Court of Common Pleas of Cumberland County, Pennsylvania Name: Plaintiff Name: Emily E. Martin William H. Martin Jr. Docket Number: PACSES Case Number: Other Case ID Number: 70 S 2002 4015104204 1. Number of Dependents in this Case 2. Total Gross Monthly Income 3. Less Monthly Deductions 4. Monthly Net Income Line 2 minus Line 3 $1,386.67 $255.22 $1,131.45 5 a. Combined Total Monthly Net Income Amounts on Line 4 Combined 5 b. Derivative Soc. Sec. Benefits Paid to Chlld(ren) 5 c. Adjusted Combined Total Monthly Net Income 6 a. Child Support Obligation based on Adjusted Income (Line 5c) 6 b. Less Derivative Soc. Sec. Benefits (Line 5b) 6 c, Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule 7. Net Income as a Percentage of Combined Amount 8. Each Parent's Monthly Share of the Child Support Obligation 9. Adjustment for Shared Custody Rule 1910.16-4 (c) (# of Ovemi~lhts: 10. Adjustment for Child Care Expenses Rule 1910.16-6 11, Adjustment for Health insurance Premiums Rule 1910.16-6 12. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 13. AdJustment for Additional Expenses Rule 1910.16-6 (d) 14. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10,11,12,13 15. Less Split Custody Counterclaim Rule 1910.16-4 (d) 16. Obligor's Support Obligation Line 14 minus Line 15 $3.803.19 $759.00 29.75 $225.80 -$154.46 $71.34 $71.34 Prepared by: mrr I Date: 3/2712002 $3,300.00 $628.26 $2,671.74 70.25 $533.20 S1. PACSES Multiple Family Adjustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) S4. Final Calculated Support Obligation Line 16 (orS1, if applicable) plus Line S2 and S3, if applicable TAX INFORMATION Tax Method Filing Status Exemptions SS. Defendant 1040 ES Married Filing Separately 1 S6. Plaintiff 1040 ES Head of Household 2 S7. Total Support Amount if Deviating from Guidelines Calculation M.onthly: Weekly: Monthly: Weekly: $71.34 $16.42 s8. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: Suppo~Ca~ 2002 Exhibit B WILLIAM H. MARTIN, JR., Plaintiff VS. EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6666 Civil Term Protection From Abuse FINAL PROTECTION FROM ABUSE ORDER Defendant's Narae: Emily E, Martin Defendant's Date of Birth: December 29, 1958. Defendant's Social Security Number: Unknown Names of All Protected Persons, including Plaintiffand minor child/rem William H. Martin, Jr. AND NOW, this 4th day of December, 2001, the court having jurisdiction over the parties and the subject matter, it is ORDERED, ADJUDGED AND DECREED as follows: Upon agreement of the par[les for the entry of a consent order, this order will be entered without ANY admission of liability bythe defendant and without a finding of abuse by this court: 1. Plaintiffs request for a final protection order is granted. 2. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 3. Defendant is completely excluded from the residences at: 208 Spring Lane, Enola, Pennsylvania; AND 3201 N. 2nd Street, Harrisburg, Pennsylvania or any other residence where Plaintiff or any other person protected under this Order may live. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 4. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 5. Defendant shall not contact the Plaintiff, or any other person protected under the Order, by telephone or by any other means, including through third persons. 6. The following additional relief is granted as authorized by §6108 of the Act: a. The Cumberland County Sheriffs Department is directed to return to Defendant, Emily Martin, any and all weapons confiscated pursuant to the Temporary Protection Order of November 28, 2001, in the above captioned case. b. The court costs and fees are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: a. East Pennsboro Police Department b. Harrisburg Police Department 8. This Order Supersedes ANY PRIOR PFA ORDE1L 9. All provisions of this order shall expire on: December 4, 2002. NOTICE TO ~ DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail, 23 Pa.C.S. §6114. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. This order is enforceable in all fifty (50) states, the District of Columbia, Tribal Lands, U.S. Territories and the Commonwealth of Puerto Rico under the Violence against Women Act, 18 U.S.C. §2265. If you travel outside the state and intentionally violate this order, you may be subject to Federal Criminal Proceedings under that act. If the Brady indicator paragraph appears in the order, you may be subject to Federal Prosecution and penalties under the "Brady" provisions of the gun control act, 18 U.S.C. §922(G), for possession, transport or receipt of firearms or ammunition. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the Plaintiffs residence OR any location where a violation of this Order occurs OR where the Defendant may be located. If Defendant violates Paragraphs 1 through 8 of this Order, Defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violations is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shah seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons ,until further Order of this court, unless the weapon/s are evidence of a ~rime, in which case, they shah remain with the law enforcement agency whose officer made the arrest. BY THE COURT: J. ~qesley Oler, J/'. Da~e ' If entered pursuant to the consent of plaintiff and defendant: William H. Mar~in, Jr., Plaintiff,~'' Kir~tin M. Sweigard' ':~ Attorney for Plaintiff Kline Law Offices 714 Bridge S~reet New Cumberland, PA 17070 (717)770-2540 Emily E. M&4Jn, Defefic~ni /~6an~Carey '~- _ A~om~y for Dff~nd~t ~e~ Legal Semites 8 ~e Row C~sle, PA 17013 (717) 243-9400 Distribution to: MidPenn Legal Services, Attomey for Defendant Kirstin M. Sweigard, Attorney for Plaintiff Faxed & Mailed to PSP W: Exhibit C Emily Eveanna Martin, Plaintiff William Harry Martin Jr. Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : : : No. 01-6462 : : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : FINAL ORDER OF COURT Defendant's Name is: William Harry Martin Jr. Defendant's Date of Birth is: June 14, 1960 Defendant's Social Security Number is: 201-50-7500 Name(s) of All protected persons, including Plaintiff and minor children: 1. Emily Eveanna Martin AND NOW, this 22nd Day of January, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 1250 Oystermffi Road, Camp Hill, Pa. 17011 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment located at Konica 23rd & Derry Streets, Harrisburg, Pennsylvania 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibited from having any contact with Plaintiffs relatives. The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Police Department 7. THIS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 8. All provisions of this order shall expire on: December 4, 2002 NOTICE TO TItE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: / i j. Wesley Ole~, Jr. Date If entered pursuant to the consent of plaintiff and defendant: ~":~l~.,:;_.l,. d'~:~ .t Ii J(:l. ~ ,t.z',,,.,'~ gn/ily Mmin,'PJ'ainti ' ' - MidPerm Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 William H. Martin, Jr., D~en~da~t Kir~ten Swei~-~d Attorney for Defendant Kline Law Office 714 Bridge Street New Cumberland, PA 17070 (717) 770-2540 Distribution to: MidPerm Legal Services Kirsten Sweigard, Attorney for Defendant Faxed & Mailed to PSP WILLIAM H. MARTIN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6077 CIVIL TERM EMILY E. MARTIN, : Defendant : IN DIVORCE ORDER OF COURT ~2~-D NOW, this 24th day of April, 2002, the testimony of Wesley Martin, having been received by the Court, it is authorized and directed that he shall be returned to his school. By the Court, J.'.~ Wesley (L!~f, Jr. , J. · ~rstin M. Sweigard, Esquire ~ 3111North Front Street Harrisburg, PA 17110 For the Plaintiff 3~k C. Duffle, Esquire Market Street Lemoyne, PA 17043 For the Defendant pcb WILLIAM H. MARTIN, JR., Plaintiff EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6077 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE ORDER OF COURT AND NOW, this 25th day of April, 2002, upon consideration of Plaintiff's Petition for Exclusive Possession of the Marital Residence, respecting the parties' property at 1250 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania, and following a hearing held on April 24, 2002, Plaintiff's petition is denied. BY THE COURT, Kirstin M. Sweigard, Esq. 3111 N. Front Street Harrisburg, PA 17110 Attorney for Plaintiff Mark C. Duffle, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant , /' //Y J~Vesley Oler, Jt~ J' :rc WILLIAM H. MARTIN, JR., : Plaintiff : EMILY E. MARTIN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 24th day of April, 2002, upon consideration of Plaintiff's petition for exclusive possession of the marital residence, respecting the parties' property at 1250 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania, and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. By the Court, Kirstin M. Sweigard, 3111 North Front Street Harrisburg, PA 17110 For the Plaintiff Mark C. Duffie, Esquire 301 Market Street Lemoyne, PA 17043 For the Defendant EsquireJtWesley Ole~r., ~L~~ pcb Jo~anson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR., EMILY E. MARTIN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT,q 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 pages 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR., EMILY E. MARTIN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCt AND NOW, this 31st day of July 2002, comes the Defendant, EMILYE. MARTIN, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Counterclaim to Plaintiff's Complaint in Divorce, and in support thereof avers as follows: COUNT I SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702, and §3704 OF THE DIVORCE CODE The Defendant is unable to sustain herself completely during the course of litigation. 2. The Defendant lacks certain property to provide completely for her reasonable needs and is unable to sustain herself through appropriate employment. 3. The Defendant requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor pursuant to §3704 of the Divorce Code. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an award of spousal support or alimony pendente lite until the final hearing, and an award of alimony thereafter. :161052 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER arl~ C. Duffle '~[ / Attorney I.D. No. 75~1106 ,~ 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant VERIFICATION I, EMILY E. MARTIN, verify that the statements made in this Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unsworn falsification to authorities. Date: ~rr~y E. Ma~t[rl,/ .CERTIFICATE OF SERVICF AND NOW, this 31st day of July 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Counterclaim upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kirstin M. Sweigard, Esquire THOMAS & ASSOCIATES 3111 N. Front Street Harrisburg, PA 17110 JOHNSON, DUFFLE, STEW~/R,~WEIDNER k C. Duffle ~'J Johnson, Duffle, Stewart & Weidner By: MarkC. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Defendant WILLIAM H. MARTIN, JR. Plaintiff V. EMILY E. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVlT I, WILLIAM H. MARTIN, JR., according to law, depose and state: 1. I 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: ,,/~ :164325 · 'a H. Martin, Jr. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR. Plaintiff V. EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVlT I, EMILYE. MARTIN, according to law, depose and state: 1. I 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the coud require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. Date: /t~J' 'O?¢"~'' :164325 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. - ' / - Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR., Plaintiff V. EMILY E. MARTIN, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 2001. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. William H. Martin, Jr.," Plaihtiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR., Plaintiff EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODF TO: WILLIAM H. MARTIN, JR., Plaintiff 1. I consent to the entry of a final decree in 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 ~s 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: William H. . c Martin, Ur., Plaintiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box I09 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Defendant WILLIAM H. MARTIN, JR., Plaintiff EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 2001. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. Em"[iy E. M~(n, Oefenga;1/ ' ~ Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant WILLIAM H. MARTIN, JR., Plaintiff EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6077 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODF TO: EMIL Y E. MARTIN, Defendant 1. I consent to the entry of a final decree in 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. fly E. MC_On, Defend~n~/ DIVORCE SETTLEMENT AGREEMENT THIS DIVORCE SETTLEMENT AGREEMENT, made this i%~-~ day of November 2002, by and between EMILY E. MARTIN, of Harrisburg, Dauphin County, Pennsylvania (hereinafter 'Wife"), and WILLIAM J. MARTIN, JR., of Camp Hill, Cumberland County, Pennsylvania (hereinafter "Husband"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on March 1, 1980, in Duncansville, Blair County, Pennsylvania; and WHEREAS, there are two (2) children born of this marriage, Ashley Kay Martin (DOB: April 6, 1983), and Wesley David Martin (DOB: November 29, 1985); and WHEREAS, differences have arisen between HUSBAND and WIFE, the consequence of which they intend to live separate and apart from each other; and WHEREAS, HUSBAND and WIFE desire to settle and determine their property rights and obligations growing out of their marital relationship; and WHEREAS, at a Master's hearing on October 24, 2002, the parties reached an agreement and further agree to confirm their understanding in writing. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Separation. The parties are currently and have been living separate and apart since May 1999, and will not cohabitate with each other. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such a place or places as he or she may from time to time choose or deem fit. WIFE has vacated the marital residence described herein and pursuant to the provisions contained herein. 2. Interference. From the date of signing this Agreement, each party shall be free from interference, authority and control of the other, as fully as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or compel the other to cohabitate with the other or in any way harass or malign the other, or in any other way interfere with their peaceful existence, separate and apart from the other. 3. Mutual Release. Subject to the provisions contained in 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, forever 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 a cause or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further, each party, subject to the provisions of this Agreement, releases and forever discharges the other from any and all claims one may have against the other arising out of this matrimonial action, including, but not limited to alimony, alimony pendente lite, spousal support, equitable distribution, counsel fees, costs and expenses. 4. Waiver of Claims Aqainst the Estate. 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 may now have or hereafter acquire under the present or future law of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dowry, courtesy, statutory allowance, widow's allowance, homestead rights, right to equitable distribution, rights to take in intestacy, right to elect against the will of the other, and right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments that may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 5. Division of Personal Property. Except as set forth herein, each of the parties hereto has divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital personal property, including household furnishings and other similar property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as a passbook, check book, policy or certificate of insurance or other similar writing is in the possession or control of the party. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Ao The 1992 Mercury Cougar in WIFE's name shall become the sole and separate property of WIFE, free and clear of any right, title, and/or interest that HUSBAND may have. WIFE shall be responsible for any liens or encumbrances thereon and hold HUSBAND harmless from said obligation. The 1996 Chevrolet Van in HUSBAND's name shall become the sole and separate property of HUSBAND, free and clear of any dght, title, and/or interest that WIFE may have. HUSBAND shall be responsible for any liens or encumbrances thereon and hold WIFE harmless from said obligation. The Lincoln Towncar in HUSBAND's name shall become the sole and seParate property of HUSBAND, free and clear of any right, title, and/or interest that WIFE may have. HUSBAND shall be responsible for any liens or encumbrances thereon and hold WIFE harmless from said obligation. The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effecting the transfer as herein provided, on the date of execution of this Agreement if the title is in the possession of one or the other party. In the event that either or all of the documents of title to the said vehicles shall be in the hands of a bank or other holder of the lien or encumbrance upon said vehicle, the parties agree to advise such bank or holder as to the transfer of title set forth herein and they further agree to execute whatever documents may be required to transfer title or said document of title as in the hands of such bank or holder. 6. Division of Real Property. WI~FE ~r-j~e~a~ hereby transfer all of her right, title and interest in and to the real estate situated at ,~,~,~ o-y"~.r ~a'd, Camp Hill, East Pennsboro Townsnip, Cumberland County, Pennsylvania,(' marital home'),'now titled in the name of HUSBAND and WIFE as tenants by the entireties to HUSBAND, and agrees to immediately execute now and in the future, any and all documents, or papers necessary to affect such transfer of title upon request. WIFE further acknowledges that upon his execution of this Agreement, she has no claim, right, interest, or title whatsoever in the marital home and further agrees never to assert any claim to said property. Said transfer shall be effective immediately upon execution of this Agreement. As of the date of the execution hereof, HUSBAND has not begun to refinance, in his name alone, the marital home, satisfying the PNC Mortgage ( Account-# 4001008013363674 with balance of $61,574.80 as of March 22, 2002). HUSBAND assumes and hereby indemnifies and holds harmless WIFE from said obligation and any duties or obligations which exist or which may exist in the future relative to the PNC Mortgage. HUSBAND agrees to pay all outstanding taxes associated with ownership of the marital home which include, but are not limited to, county/municipal real estate taxes and school taxes. HUSBAND shall pay for all utilities incurred after WIFE's vacting the marital residence including but not limited to sewer and/or refuse bills, as well as any other outstanding utilities bills which include, but are not limited to, cable, electric, gas and/or heating oil, telephone, or otherwise. WIFE shall be responsible for those utility accounts ( cable, gas and/or oil, sewer and/or refuse, and telephone) and the balances thereon that were accrued and incurred prior to WIFE's vacating the marital residence. HUSBAND hereby indemnifies and holds WIFE harmless from any such obligations which may currently exist or which may exist in the future either in HUSBAND's name. HUSBAND agrees that within one hundred eighty (180) days of the date of this Agreement, he will make applications to refinance the madtal home in his name only, satisfying the outstanding PNC Mortgage referenced above. HUSBAND further agrees that within two hundred seventy (270) days of the date of this Agreement, HUSBAND will refinance the marital home and satisfy the existing PNC Mortgage. Upon receiving a loan commitment letter from the lender and providing a copy of the same to WIFE through WIFE's counsel, WIFE will execute a deed from the parties hereto as tenants by the entireties/tenants in common to HUSBAND, a single man. The cost of the document preparation shall be born by HUSBAND. The recording fees and any satisfaction fees which arise in recording the new deed or satisfying the old PNC Mortgage shall be the responsibility of HUSBAND. Any realty transfer taxes that result shall be the responsibility of HUBAND. All other costs associated with the refinace (including all liens which require satisfaction) shall be the responsibility of HUSBAND. The padies hereto were the owners of real property located in Snow Shoe Township, Centre County, Pennsylvania. The parties hereto acquired the property on February 6, 1993 and sold the same on August 30, 2002. The parties agreed to escrow the proceeds from that sale in the Offices of Thomas & Associates pending a settlement or adjudication of the economic issues surrounding the divorce. The sum of the proceeds from the sale is $17,479.85. That sum shall immediately be distributed as follows: $14,979.85 to HUSBAND $2,500.00 to WIFE Should there be any capital gains taxes assessed from the sale of the Snow Shoe Township, Centre County, Pennsylvania property, HUSBAND shall pay those in full within thirty (30) days of the demand made. HUSBAND shall also provide WIFE a wdtten copy of such notice and written confirmation of payment made. 7. Additional Instruments. Each of the parties shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary on insurance policies, tax returns and other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorneys fees, costs and other expenses reasonably incurred as a result of such failure. 8. Debts and Liabilities. HUSBAND and WIFE hereby represent and warrant to the other that he or she has not incurred any debts or liabilities or made any contracts for which the other or his or her estate may be liable, except as stated in this Agreement. If either party has incurred an individual obligation during the term of the marriage, that party shall be responsible to discharge said obligation and hereby agrees to indemnify and save the other spouse harmless on account of said obligation. HUSBAND and WIFE acknowledge that the following marital and non-marital debts shall be allotted to the parties as follows: a. Eleanor J. Martin Loan. The parties hereto borrowed $5,000.00 from Eleanor J. Martin, HUSBAND's mother. HUSBAND will be solely responsible for repayment of said obligation, and HUSBAND shall hold WIFE harmless from the same. b. J.C. Penney Credit Card. The J.C. Penney credit card account (284-307-778-11) in WIFE's name shall be the sole and separate responsibility of WIFE. WIFE shall hold HUSBAND harmless from said obligation. c. Discover Credit Card. The Discover credit card account (6011-0025-9553-3035) in WIFE's name shall be the sole and separate responsibility of WIFE. WIFE shall hold HUSBAND harmless from said obligation. d. Seam Credit Card. The Seam credit card account (05-58822-35901-1) in WIFE's name shall be the sole and separate responsibility of WIFE. WIFE shall hold HUSBAND harmless from said obligation. e. U.S. Bank VISA Card. The U.S. Bank VISA credit card account (4719-2308-0290- 3465) in both HUSBAND and WIFE's names shall be the sole and separate responsibility of HUSBAND. HUSBAND shall hold WIFE harmless from said obligation. HUSBAND shall make all payments regularly and on time to the U.S. Bank VISA credit card account. Said balance shall be paid in full and closed with a $0.00 balance within three (3) months from the date hereof. Until said balance is paid in full, HUSBAND shall, at the request of WIFE, provide WIFE with written confirmation of the timely payments on account. f. Lowe's Credit Card. The Lowe's credit card account (81602376102642) in both HUSBAND and WIFE's names shall be the sole and separate responsibility of HUSBAND. HUSBAND shall hold WIFE harmless from said obligation and shall pay off and close said account within three (3) months from the date of this agreement or assume said obligation in HUSBAND's name only and provide WIFE written confirmation that said account was so assumed. g. Home Depot Credit Card. The Home Depot credit card account (51-7951-000681-4) in HUSBAND's name shall be the sole and separate responsibility of HUSBAND. HUSBAND shall hold WIFE harmless from said obligation. h. Income Taxes. The parties are currently paying their 1998 and 1999 income taxes. HUSBAND shall assume said obligation and hold WIFE harmless from the same. HUSBAND shall, within thirty (30) days of execution of this Agreement, remit payment in full to the Internal Revenue Service for all monies outstanding on the 1998 and 1999 personal income taxes of the parties. HUSBAND shall provide to WIFE written confirmation of said payment. i. Property Taxes. The property taxes outstanding on the marital home located at 1250 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania (Tax Parcel No. 09-16-1054-060), and the parcel adjacent to the marital home (Tax Parcel No. 09-16-1054-061), have school, county and township taxes owing for the tax years of 2000, 2001 and 2002. HUSBAND shall, within thirty (30) days of execution of this Agreement, pay to the tax collector or the Cumberland County Tax Assessment Office or Claim Bureau the outstanding amounts in full satisfaction of those obligations. HUSBAND shall also pay the county, township, and municipal taxes due and owing on the marital home and the adjacent parcel which were due in Spring 2002. On or before December 31, 2002, HUSBAND shall pay the school taxes due and owing for the marital home and the parcel adjacent to the marital home for the school tax year 2002-2003, and provide WIFE with written confirmation of the same. 9. Warranty as to Future Obligations. HUSBAND and WIFE each covenant, warrant, represent and agree that with the exception of the obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the date of execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. After Acquired Personal Property. Each of the parties hereto shall hereafter own and enjoy, independent 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 respects and for all purposes, as though he or she were unmarried. 11. Representation by Counsel. This Agreement has been prepared by Johnson, Duffle, Stewart & Weidner, attorneys for WIFE. Johnson, Duffle, Stewart & Weidner has not represented HUSBAND in any respect with the negotiation and preparation of this Agreement. HUSBAND acknowledges and understands that he is represented by Kirstin Sweigard, Esquire, and that he has reviewed the terms and conditions contained in this Agreement with Kirstin Sweigard, Esquire, and has signed the same voluntarily with full knowledge and understanding of the provisions set forth herein. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 12. Custody. There are two (2) children born of this marriage, Ashley Kay Martin (DOB: April 6, 1983), and Wesley David Martin (DOB: November 29, 1985). Ashley Kay Martin graduated from high school in June 2002, and is currently nineteen (19) years of age. Wesley David Martin, age sixteen (16), is still a minor child and the custody of his was set forth and settled in an Order of Court dated March 14, 2002, at docket no. 02-384 Civil Term. 13. Health Insurance. WIFE shall provide health insurance for herself. HUSBAND shall secure his own health insurance. Coverage of the minor child shall be governed by Order under the separate Custody and Child Support Docket Numbers. HUSBAND will be responsible for all of his own unreimbursed medical or dental expenses incurred since separation. 14. Mutual Consent Divorce. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both have signed consents to the entry of a decree in divorce pursuant to Section 3301 (c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (hereinafter referred to as the Co--filed a No-Fault Divorce action in ~ Gounty to Docket No. ~,~0-CU-0225C,-0-~, at ~ 's6~-cost"~expense, and both parties agree at the appropriate time to execute such consents, affidavits and other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of the Gode. AI~ documents necessary to finalize the divorce have been filed with the Gourt. The parties agree to make any necessary corrections to these documents to finalize the divorce. 15. Effect of the Divorce Decree. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations as well as becoming incorporated into the Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under the Pennsylvania divorce laws. 16. Bank Accountsr Certificates, Insurance Policies, Pension Funds and other Assets. Each party shall be and remain the sole owner of any other asset in his or her control not specifically covered by other provisions in this Agreement. Should it become necessary, each party agrees to sign any other titles or documents necessary to give effect to this section upon request of the other party. 17. Pension/4Of(tO. Neither party has a pension or 401 (K) plan subject to equitable distribution. 18. Support/Alimony. Neither party shall pay or receive any payments in the form of support/alimony. By executing this Agreement, both parties are waiving their right to seek any support/alimony and acknowledge waiver of that right from the date of separation and for all times hereafter. WIFE agrees to withdraw her claim for Alimony and Alimony Pendente Lite which is Docketed to No. 1017 Support 2001. 19. 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. The party breaching this Agreement shall be responsible for the payment of all legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 20. Modification and Waiver. Modification or waiver of any provision 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. 21. Severability. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 22. Descriptive Headinqs. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. Successors and Assiqns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 24. Governinq Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 25. 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. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above-written. WITNESS: Emily E. Martin By: William Iff Mart~n,'Jr. ' : 164847 COMMONWEALTH OF PENNSYLVANIA COUNTY OF '.SS: : On this, the \~-~-~ day of ~,.\~-~c~-~ ~'- 2002 before me the undersigned officer, personally appeared Emily E. Martin, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF C__~._~t~::~- ~,~-~ SS-' On this, the t%"~.~_ day of [,,\~.%.-c~-%*-~' 2002, before me, the undersigned officer, personally appeared Mark C. Duffie, Esquire, I.D. No. 75906, known to me (or satisfactorily proven) to be a member of the bar of the highest court of Pennsylvania, and certified that he was personally present when William H. Martin, Jr., whose name is subscribed to the within instrument, executed the same, and that the said person acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~_~-~7%~ ~c~. ~ [ [ ~_~ _%._~-'~-'~.~-a%"~ Notary Public WILLIAM H. MARTIN, JR., Plaintiff vs. EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLanD COUNTY, PENNSYLVANIA NO. 01 - 6077 CIVIL IN DIVORCE ORDER OF CO,IRT AND NOW, this /7day of ._~_ '~ 2002, the economic claims raised in the proceedings having been resolved in accordance with a divorce settlement agreement dated November 15, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Kirstin M. Sweigard Attorney for Plaintiff Mark C. Duffie Attorney for Defendant BY THE COURT, THOMAS & ASSOCIATES BY: Kirstin M. Sweigard, Esquire Attorney I.D. NO. 83801 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff WILLIAM H. MARTIN, JR. Plaintiff VS. EMILY E. MARTIN Defendant : IN THE COURT OF COMMONI PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-6077 Civil Term : In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the courl~ 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: Defendant accepted service of the Complaint on October 27, 2001. Complaint was served by Certified Mail, return receipt requested. 3. (a) Date of execution of PlaintitTs Affidavit of Consent required by Section 3301(c) of the Divorce Code: October 25, 2001. (b) Date of execution of Defendant's Affidavit of Consent requited by Section 3301(c) of the Divorce Code: October 24, 2001. 4. Related claims pending: None. 5. (a) Date plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: October 25, 2002. (b) Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: October 25, 2002. Respectfully submitted, THOMAS & ASSOCIATES DATE:, ~/~¢//~ By: / t Kirstin M. Sweigard, Esq. 3111 N. Front Street Harrisburg, PA 17110 (717)541-9979 Attorney for Phintiff THOMAS & ASSOCIATES BY: Kirstin M. Sweigard, Esquire Attorney I.D. NO. 83801 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff WILLIAM H. MARTIN, JR. Plaintiff VS. EMILY E. MARTIN Defendant : IN THE COURT OF COMMON] PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-6077 Civil Term : In Divorce PRAEC1PE 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 unqer Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defenda.nt accepted service of the Complaint on October 27, 2001. Complaint was served by Certified Mail, return receipt requested. 3. (a) Date of execution of Plaintiff's Affidavit of' Consent requirgd by Section 3301(c) of the Divorce Code: October 25, 2002. (b) Date of execution of Defendant's Affidavit of Consent required by Section 3301(c) of the Divorce Code: October 24, 2002. 4. Related claims pending: None. o (a) Date plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: October 25, 2002. (b) Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: October 25, 200~. Respectfully submitted, THOMAS & ASSOCIATES DATE: By: Kirstin M. Sweigard, Esq~ v_ _ 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff lin THE William H. Plaintiff VERSUS Emily E. Martin Defendant STATE OF Martin, JR. COURT OF CONIIViON OF CUMBERLAND COUNTY PENNA. N o. 01-6077 PLEAS C~vil Term DECREE IN DIVORCE AND NOW, a lb, ,' / I~ Wi111am II. DECREED THAT AND Emily E. Martin Martin ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 2~)(-).~ , IT I$ ORDERED AND , pLAINTIFF, , I~EFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAilMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None.