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HomeMy WebLinkAbout07-4599,~-~''~ w IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § CIVIL ACTION -LAW ~ ~ ~ 1 TERM CASE NO. ~ ? - '~S f Ll IN DNORCE 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for airy money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including, custody or visitation of }cur children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A List of marriage counselors is available in the Office of the Prothonotary at the CUMBERLAND County Courthouse, 1 ~',-~ ., /~-~ o ~ < S ~ (room number and address) ~/~ ° ~ f~ , PA. Office of the Prothonotary CUMBERLAND County Courthouse ~ Cn.. ~-f nose .5~,,~ rr_ (address) '~rli s/P ,P~7al3 TelephoneO - a y o - 6 / 4s ~ ~. IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § CIVIL ACTION -LAW C~,.( T CASE NO. ~ ~ ~ ~/ S9 `"I IN DNORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Douglas Barry Fry who resides at; 1503 Center Street; Enola, Cumberland County, Pennsylvania 17025 since ~ - ~ ~ ~ ~S (date.) 2. Defendant is Laura Louise Fry who resides at: 1503 Center Street; Enola, Cumberland County, Pennsylvania 17025 since ~/- i 8' ~ ~ (date.) 3. ®Plaintiff and/or ®Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff married Defendant on June 27, 1987 at Enola, Cumberland County, Pennsylvania. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Service Members Civil Relief Act of 2003. 6. There have been no prior action of divorce or for annulment between the parties, except: none. 7.The marriage is irretrievably broken. Complaint for bivorce; Page 1 ~ ~~ 8. After 90 days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. 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. 10. The following children were born to or adopted by the parties to this marriage: Name Birthdate Age Eric Douglas Fry January 15, 1991 16 WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed form the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE. Paragraphs 1-10 are incorporated herein and made a part hereof by reference as though fully set fords. The parties have entered into a written Marital Settlement Agreement providing for the care, custody and support of their minor child(ren), a copy of which is attached hereto and incorporated by this reference the same as if fully set forth at length, and their agreement is in the best interest of the child(ren). WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the parties into the final divorce decree, pursuant to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. Complaint fior Divorce; Page 2 Dou Barry Fry I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of the 18 Pa.C.S. Section §4094 relating to unsworn falsification to authorities. Date: / ?lam ~,- uglas ry, Pro Per o~ N N rl 1 - -- 5 `~ IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § CIVII, ACTION -LAW Ci ~, ~ TERM CASE NO. 4 ~ - `~ ~~ `! IN DIVORCE COUNSELING NOTICE Ri1i.F 1_920.45(al*(11 The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Secrion 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/T'hree year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse u ~~ k: ~ s e S5- uct r e (address) ~ I ~' s /~e , PA. / 7o i 3 Telephone( ~ ~ ~) -`-" _ - ' . a Yo - 6 ~ 9 S' (') _N t ~~ ~ ~. ~ ~~ ~ ~ ` t'" ~I f 4 ` N ~ , ~ ~ ~ ~~ ~ ~ ® ~ ~ ~ ~; IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § § CIVIL., ACTION -LAW ~6y i ~ TERM CASE NO. ~ 7 ` `~ S"9q IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Douglas Barry Fry, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiff s own personal knowledge and therefore avers that the defendant, Laura Louise Fry, is 43 years of age and resides at 1503 Center Street, Enola, Pennsylvania 17025; and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Service Members Civil Relief Act of 2003 that the defendant is employed by Commonwealth of Pennsylvania. Date: ~ /~ °?®4. r Douglas B ry, Plai tiff Sworn to and subscribed before me this the 3 ~~day of 1~ ~ c,~- s T ~ °1 OMMONWEALTH OF PENNSYLVANIA ~, Notarial Seal Tina M. Robertson, Naary ~ubiic Notary Public East Pemsboro Twp., Cumberland County My Carunission Expires Nov.15, 2007 MammDar. Pennsylvania ,4saoda+~o~ ~ ~Iotsr~es C ~'_' _ ~ CJ °~. ~ t~;~ ~ '~ ~" ` ~~ ~ " ' ~: ~ ~ ~', ° ~ '-. °3 °f" Tri ~ ;'77 ~ ~ r IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § § CIVIL ACTION -LAW La~~ 1 TERM CASE NO. a '~ - Nr~~ IN DIVORCE AFFIDAVIT AS TO SIGNATURE Douglas Barry Fry, being duly sworn according to law, deposes and says that Douglas Barry Fry is the Plaintiff in the above-captioned divorce action; that Douglas Barry Fry is familiar with the signature of the Defendant; and that the signature on the Acceptance of Service attached hereto as Exhibit "A" is the signature of the Defendant, Laura Louise Fry. d Date: ~ /~ ~~ ouglas B Fry, Pla' tiff ~~ Sworn to and subscribed before me this the~_ day of V~ ~~ c u 5'~' a-6~~ t;u~~mulvWtALYti (7F pENNSYLvA~v~r Y~ ~"al Seal Public Notary Public `Ma M. Robertson, Notary feat Pennsboro Twp., ~ Nov. 5 2007 Ny Carte RJhi?tf1M'ar Pnn^"~~+,,...,a.. 4~~•,ria•~..., r.s'Jo~~~a,. r ..~ IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § § CIVIL ACTION -LAW TERM CASE NO. IN DIVORCE ACCEPTANCE OF SERVICE I, Laura Louise Fry, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divorce filed in the above-captioned matter. _ (~ -a-~~ Date Laura Louise Fry, de en t ci N a a Wit;` '.~;`~` s~. M C n7~ ~, : ~ -wpm :ems {-~ j ' ~ `~ ?C>+ ; = ~ .. _ ~ rr3 "7 C1] 7 c,t; . IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § 717-732-6410 § vs. § CIVIL ACTION -LAW Ca ,,, I TERM CASE NO. 0 ~ - ~-f S~1 °~ Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 717-732-6410 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this the 3 `d day of ~ s aoo 1 ,between Douglas Barry Fry, residing at 1503 Center Street, Enola, Pennsylvania 17025 and Laura. Louise Fry, residing at 1503 Center Street, Enola, Pennsylvania 17025. WHEREAS we were married to each other at on June 27, 1987 and lived as husband and wife until such time as we separated on - ~ 9- acc ~ and have remained in a bona fide state of separation since that time; WHEREAS there are the following unmarried child under the age of eighteen years born to or adopted by the parties; and for purposes of this Agreement, "Child" shall include each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. The following child under the age of eighteen years old was born to or adopted by the parties of the marriage: Name Eric Douglas Fry Age Birthdate 16 January 15, 1991 WHEREAS a permanent breakdown of the marriage has arisen between us and we are now living separate and apart from each other; and WHEREAS we now intend, by this agreement, to make a final and complete settlement of all of our of our rights and obligations concerning division of property, spousal support, and employee retirement benefits; and WHEREAS in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree to the following: I. THE PARTIES AGREE to live separate and apart from the other party, with the intention thereafter never again to resume the marital relationship, free from any control, restraint or interference, duect of indirect with the other parry, and in all respects to live as if he or she were sole and unmarried. MUTUAL RELEASE: Wife and Husband from this date and at all time hereafter may purchase, acquire, own, hold, possess, encumber, dispose of and convey all classes and kinds of property both real and personal as though unmarried and free from the consent, joinder and interference of the other party, it being the understanding and agreement on the part of each of the parties hereto that in the sale, transfer and conveyance of any property hereafter, real or personal, it shall not be necessary in order for the grantee to have good title, that the other party hereto shall sign and execute to the grantee the deed, conveyance, deed of trust, mortgage or bill of sale conveying or selling the property; it being the agreement and covenant of the parties hereto that each has forever released and discharged the property of the other from all claims, interest and estate on his or her part, and that each shall be in the same position as if such parry were single or unmarried. II. DIVISION OF PROPERTY: We agree to divide the property of our marital estate as follows: 1. Douglas Barry Fry Transfers to Laura Louise Fry as sole and separate property, and Douglas Barry Fry is divested of all right, title, and interest in and to the following property: Personal Property. Household Furniture, etc. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the control of Laura Louise Fry, including but not limited to the following: push lawn mower; Television/stand and racking chair from living room; All bedroom furniture; All craft supplies; treadmill; Bowling Alley Bench; cd/record player stereo; Downstairs Porch swing; Stained Glass supplies; and small desk and table from weight room. Clothing, etG All clothing, jewelry, and other personal effects in the possession of or subject to the control of Laura Louise Fry. Cash. All cash in the possession of or subject to the sole control of Laura Louise Fry. Ched~ing Accounts. All checking accounts at all banks or other financial institutions which stand in the sole name of Laura Louise Fry or from which Laura Louise Fry has the sole right to withdraw funds. Vehicle. The vehicle described as a 2005 Toyota Prius with vehicle identification number #JTDKB20U353050477 including all prepaid insurance, keys, and title documents. The property has a lien against it payable to PSECU on loan number ending in #9L10. 2°d Vehicle. The vehicle described as a 2000 Honda Accord with vehicle identification number #1HGCF8542YA033997 including all prepaid insurance, keys, and title documents. Employment Bents. All sums and all rights related to any profit sharing plan, retirement plan, pension plan, or like benefit program existing by reason of Laura Louise Fry's past, present, or future employment and not otherwise awarded to Douglas Barry Fry in this agreement. 2. Laura Louise Fry Transfers to Douglas Barry Fry as sole and separate property and Laura Louise Fry is divested of all right, title, and interest in and to the following property: House. A house described by street address as 1503 Center Street, Enola, Pennsylvania 17025 and legally described as: ~'Q ; 5 ~ ,Qa„ ~ ;together with all prepaid insurance. The wife shall execute a Quit Claim Deed in favor of the husband. In exchange, the husband shall pay the wife the sum of $ 9~ a_oono later than y~o b~ r .3/ , 200.. Personal Property: Household Furniture, etc. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of Douglas Barry Fry, including but not limited to the following: Fishing Boat; All tools and lawn equipment, except push mower; All couches and recliners; pool table; All kitchen items, except Mixer; weight equipment; All Mother's and Grandmother's property; deck furniture and porch furniture; All computer equipment; gun safe and contents; and coins. Clothing, etc. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Douglas Barry Fry. Cash. All cash in the possession of or subject to the sole control of Douglas Barry Fry. Chedting Accounts. All checking accounts at all banks or other financial institutions which stand in Douglas Barry Fry's sole name or from which Douglas Barry Fry has the sole right to withdraw funds. Vehicle. The vehicle described as a 2006 Ford Explorer with vehicle identification number # 1FMEU75E06UB 11300 together with all prepaid insurance, keys, and title documents. The property has a lien against it payable to Ford Motor Company with loan number ending in #6001. 2nd Vehicle. The vehicle described as a 1994 Ford F150 with vehicle identification number #1FTEF15Y41ZNB25639 together with all prepaid insurance, keys, and title documents. Employment Benefits. All sums and all rights related to any profit sharing plan, retirement plan, pension plan, or like benefit program existing by reason of Douglas Barry Fry's past, present, ar future employment and not otherwise awazded to Laura Louise Fry in this agreement. DEBTS TO BE PAID BY Laura Louise Fry Laura Louise Fry shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold Douglas Barry Fry and Douglas Barry Fry's property harmless from any failure to so discharge these items: Vehicle. One promissory note, payable to the order of PSECU with loan number ending in #9L 10. The note is secured by a lien against vehicle described as a 2005 Toyota Prius with vehicle identification number #JTDKB20U353050477. Alien is recorded by financing statement in the proper office in the county and state. Any and all debts, chazges, liabilities, and other obligations incurred solely by Laura Louise Fry from and after the parties date of sepazation unless express provision is made in this agreement to the contrary. All debt associated with any property awazded to Laura Louise Fry DEBTS TO BE PAID BY Douglas Barry Fry Douglas Barry Fry shall pay, as a part of the division of the estate of the parties, the following and shaD indemnify and hold Laura Louise Fry and Laura Louise Fry's property harmless from any failure to so discharge these items: Vehicle. One promissory note payable to the order of Ford Motor Company loan number ending in #6001. The note is secured by a lien against vehicle described as a 2006 Ford Explorer with vehicle identification number #1FMEU75E06UB11300. Alien is recorded by financing statement in the proper office in the county and state. Any and all debts, charges, liabilities, and other obligations incurred solely by Douglas Barry Fry from and after the parties' date of separation unless express provision is made in this agreement to the contrary. All debt associated with any property awarded to Douglas Barry Fry. III. NOTICE Each party shall send to the other party, within three days of its receipt, a copy of any correspondence from creditor or taxing authority concerning any potential liability of the other party. IV. ALIMONY -MAINTENANCE: Both parties agree to waive any rights or claims that either may now have or in the future to receive alimony, maintenance, or spousal support from each other. Both parties understand the full import of this provision. V. NECESSARY DOCUMENTS: THE PARTIES AGREE TO EXECUTE AND DELIVER TO the other party any documents that may be reasonably required to accomplish the intention of this instrument and shall do all other necessary things to this end. VI. SUBSEQUENT DLSSOLUTION OF MARRIAGE: It is agreed that this Agreement may be offered into evidence by either party in any dissolution of mamage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in but shall survive the Final Judgement and be binding on the parties for all times. VII. PARENTING PLAN: JOINT LEGAL CUSTODY WITH PRIlVIARY PHYSICAL CUSTODY: Husband and Wife shall each share jointly the legal custody and care of our minor children with Wife to have the prunary physical custody of the children. Our parenting relationship shall be guided by the following terms and conditions: Both parents shall have all the rights and duties of a parent at all times, including: the right to receive information from the other parent concerning the health, education and welfare of the child(ren); to confer with the other parent to the extent possible before making decisions concerning the health, education and welfare of the child(ren); of access to medical, dental, psychological and educational records of the child(ren); to consult with a physician, dentist or psychologist of the child(ren); the right to consult with school officials concerning the child(ren)'s welfare and educational status, including school activities; the right to attend school activities; the right to be designated on any records as a person to be notified in case of an emergency; and the right to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. Both Parents shall confer with each other on all important matters concerning the health, education and welfare of the children. If matters arise that they are unable to agree upon, the issue shall be submitted to a professional for dispute resolution or arbitration. Both will encourage a positive relationship between the children and the other parent. Both Parents shaIl share jointly the following rights, duties, privileges, and powers at Iim~> including; to direct the moral and religious training of the child(ren) during periods of possession; the duty of care, control, protection and reasonable discipline of the child(ren), including providing the child(ren) with clothing, food, shelter, and medical and dental care not involving an invasive procedure; and the power to consent to medical, dental and surgical treatment during an emergency involving an immediate danger to the health and safety of the child(ren). Wife shall be the primary custodial parent and shall have sole right to establish the primary residence of the children, and further shall have the following exclusive rights and duties to: the power to consent to the marriage, to medical, dental, and surgical treatment involving invasive procedures, and to psychiatric and psychological treatment; the power to represent the children} in legal action and make other decisions of substantial legal significance concerning the child(ren), except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child(ren), a power as an agent of the child(ren) to act in relations to the child's estate if the child(ren)'s action is required by a state, the United States, or a foreign government. Douglas Barry Fry, as the non-custodial parent shall have the right to physical possession of the children, AT ALL TIMES MUTUAI.L.Y AGREED upon by the parties and failing agreement, at such specific times and places as are set forth in the attached Schedule for Possession of Minor Children which is incorporated herein for all purposes by this reference. The non-custodial parent shall not interfere with the Custody of the child(ren) and shall return the child(ren) to the care of the primary custodial parent immediately upon the ternunation of each period of possession to which the non-custodial parent is entitled under the terms of this agreement. The primary custodial parent shall surrender the child(ren) to the non-custodial parent at the beginning of each period of possession. AGREED CHII.D SUPPURT: The basis of the agreed support for the benefit of our children established by this agreement is based on the following facts; We make this agreement freely without coercion, threat or duress. We declare that this agreement is in the best interest ~ our child(ren) and that the needs of the children will be adequately met by the agreed amount. We aze fully informed of our rights concerning child support and of the guidelines for establishing child support put forth by the state and presumed to be in the best interest of the child(ren). The right to support has not been assigned to the office of the Attorney general in consideration for the receipt of payments from the state for the support of the children and no public assistance application is pending. As for child support: The non-custodial parent, Douglas Barry Fry, hereinafter Obligor shall pay to the primary custodial pazent, Laura Louisee Fry, hereinafter Obligee, a total of $0.00 per month, payable in advance on the 1st day of month immediately following the rendition of this agreement between and among the parties and a like amount being due and payable on the same day of each subsequent month thereafter continuing until the earliest of any of the following conditions occur for any child subject of this suit: the child reaches the age of 18 years and thereafter do long as the child is fully enrolled in an accredited primary or secondary school in a program leading toward a high school diploma, until the end of the school term in which the child graduates; the child marries; the child's disabilities are otherwise removed for general purposes; the child is otherwise emancipated; the child dies; or further agreement and order of the court. Obligor's obligation to support the child(ren) shall not terminate upon Obligor's death but shall continue as a debt of Obligor's estate. The child support obligation shall terminate upon the death of the custodial parent receiving child support provided the payor assumes full custody of the children, otherwise, the child support obligation shall continue being paid to the third party assuming primary custody and child rearing responsibilities for the children as successor to the primary custodial parent. MEDICAL HEALTH INSURANCE: For the term of the child support obligation for each child, Laura Louisee Fry shall carry and maintain medical health insurance for the benefit of said child(ren). The reasonable health care costs not covered by any policy of health insurance shall. be paid as follows; Obligor shall pay s-a % and Obligee shall pay ~ %. DEPENDENT CHILD EXEMPTION: Wife shall have the right to claim the dependency exemption for the child(ren). VII. AGREEMENT DESIGNED TO FACILITATE A DIVORCE OR DLSSOLUTION OF THE PARTIES' MARRIAGE: This Agreement is entered into with the express intent to facilitate encourage, aid, and in any other manner lead to a divorce and or dissolution of the marriage between the parties hereto. VIII. SUBSEQUENT DISSOLUTION OF MARRIAGE: Respondent/Defendant herein, acknowledges receipt of a copy of the documents to be filed herein with this agreement of the parties attached as Exhibit "A", and states that he/she has read and understands the same. It is agreed that this Agreement shall be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered, and the parties shall be ordered to comply with all its provisions, and all warranties and remedies provided in this agreement shall be preserved. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in but shall survive the Final Judgement and be binding on the parties for all times. lX. REPRESENTATION: The parties represent to each other: (a) Each had the right to independent counsel. Each party fully under ands their legal rights and each is signing this Agreement freely and voluntarily, intending to be bound by it. (b) Each has made a full disclosure to the other of his or her current financial condition. (c) Each understands and agrees that this Agreement is intended to be the full and entire contract of the parties. (d) Each agrees that this Agreement and each provision of it is expressly made binding upon the heirs, assigns, executors,. administrators, successors in interest and representatives of each parry. X. WAIVER OF BREACH: No waiver of any breach by any party of the terms of this Agreement shall be deemed a waiver of any subsequent breach. XI. ENFORCEMENT OF THE AGREEMENT: Both parties agree that the Court granting the divorce, at the request of either party, insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling either party to perform this Agreement, or any part thereof. The prevailing party shall be entitled to attorney's fees in connection with such proceeding. XII. GOVERNING LAW: This Agreement shall be interpreted and governed by the laws of the State of Pennsylvania. XIII. WAIVER OF SERVICE OF PROCESS AND FILING AN ANSWER: Defendant herein, acknowledges receipt of a copy of the documents to be filed herein, and states that he/she has read and understands the same, hereby waives the issuance, service, and return of process upon him/her in this action enters a voluntary appearance in this cause, waiving all time and right to plead, answer or appear in this action, and consents that the same may be set down for trial and heard by the court at any time hereafter without notice to, and in the absence of, this Defendant. XIV. WAIVER OF EMPLOYEE AND/OR MILITARY RETAINER OR RETIREMENT BENEFITS: Both parties agree to waive any rights, interests, or claims, that either may now have or in the future to receive employee and/or military retainer or retirement benefits resulting from the past, present or future employment and/or service of the other parry in the Armed Forces of the United States. Both parties understand the full import of this provision. SCHEDULE FOR POSSESSION OF MINOR CHILDREN A. MUTUAL AGREEMENT: The parents may have possession of the children at any and all times mutually agreed to in advance, and in the absence of mutual agreement, shall have possession of the children under the specified terms set out below. B. GENERAL TERMS AND CONDITIONS: 1. The PRIMARY CUSTODIAL PARENT, Laura Louisee Fry, (hereafter CP) is ordered to surrender the minor child(ren) to the NON-CUSTODIAL PARENT, Douglas Barry Fry, (hereafter NCP) at the beginning of each period of the NCP's possession at the residence of the CP; and Laura Louisee Fry, (hereafter CP) is ordered to surrender the minor child(ren)to the NON-CUSTODIAL PARENT, Douglas Barry Fry, (hereafter NCP) at the beginning of each period of the NCP's possession at the residence of the CP . ~. If the NCP elects to begin a period of possession at the time the children's school is regularly dismissed, the CP is ORDERED to surrender the children to the NCP at the beginning of each such period of possession at the school in which the children are enrolled 3. The NCP is hereby ORDERED to return the children to the residence of the CP at the end of each period of possession; 4. Each Parent is ORDERED to return with the children the personal effects that the child brought at the beginning of the period of possession. 5. Each pazent may designate any competent adult to pick up and return the children, as applicable, and a parent or designated competent adult is ordered to be present when the children is pickers up or returned. 6. A parent shall give notice to the person in possession of the children on each occasion that the parent will be unable to exercise the parent's right to possession for any specified period. Repeated failure of a parent to give notice of an inability to exercise possessory rights may be considered as a factor in a modification of those possessory rights. 7. Written notice shall be deemed to have been timely made if received or postmarked before ~ at the time that notice is due. 8. If a Parent's time of possession of a children ends at the time school resumes and for any reason the children will not be returned to school, the Parent in possession of the children shall immediately notify the school and the other Pazent that the children will not ~ has not been returned to school. 9. Each parry is ORDERED to give written notice of change of address to the other party, stating the intended date of change and the address of new residence, and it shall be given at least sixty (60) days before the irnended change or on the first day the party knows or should know of the change, whichever occurs first. 10. School means the primary or secondary school in which the child is enrolled, or if the child is not enrolled in primary or secondary school, the public school district in which the children resides. C. REGULAR WEEKLY SCHEDULE• 1. When the NCP resides less than 100 miles from the primary residence of the children, the NCP shall have the right to possession of the children as follows: On weekends beginning at 6PM on the first, third, and fifth Friday of each month and ending at 6PM on the following Sunday. 2. When the NCP resides more than 100 miles from the residence of the children, the NCP shall have possession of the children as follows: a) Either regulaz weekend possession on the first, third and fifth Friday of each month as provided under Subsection C and D. However, the NCP may choose an alternative schedule ONLY IF the NCP gives written notice to the CP within 90 days after the parties begin to reside more than 100 miles apart. In that case the NCP shall have possession as follows: One weekend per month of the NCP's choice beginning at 6PM on the day school recesses for the weekend and ending at 6PM on the day before school resumes after that weekend. PROVIDED THAT the NCP gives the CP seven days written or telephone notice preceding a designated weekend, and FURTHER PROVIDED THAT the weekend possession does not interfere with the vacation and holiday possession of CP in Section E below. D WEEKENDS EXTENDID BY HOLIDAY: If a weekend period of possession of the NCP coincides with a school holiday during the regulaz school term, or with a federal state or local holiday during the summer months when school is not in session the weekend possession shall end at 6PM on a Monday holiday or school holiday, as applicable. F, VACATIONS AND HOLIDAYS: The following periods of possession supersedes any conflicting weekend or Wednesday period of possession provided by subsections C and D above. The parents shall have rights of possession of the children as follows: 1. CHRISTMAS: The NCP shall have possession of the children in odd numbered years beginning at 6PM on the day the children is dismissed from school for Chrishnas school vacation and ending at noon on December 26, and the CP shall have possession of the same period in even numbered years. 2. CHRISTMAS: The NCP shall have possession of the children in even numbered years beginning at noon on December 26th and ending at 6PM on the day before school resumes after that vacation, and the CP shall have possession of the same period in odd numbered yeazs. 3. THANKSGIVING: The NCP shall have possession of the children in odd numbered years beginning at 6PM on the day the children is dismissed from school for Thanksgiving and ending at 6PM on the following Sunday, and the CP shall have possession of the children for the same period in even numbered years. 4. SPRING VACATION: The NCP shall have possession of the children in even numbered years beginning at 6PM on the day the children is dismissed from school for the school's spring vacation and ending at 6PM on the day before school resumes after that vacation, and the CP shall have possession of the same period in odd numbered years. When the NCP resides more than 100 miles from the residence of the children, the CP shall have possession of the children every year beginning at 6PM on the day before school resumes after that vacation. 5. SUMMER POSSESSION: If the NCP: a) gives the CP written notice by May 1 of each year specifying an extended period or periods of summer possession, the NCP shall have possession of the children for 30 days beginning no earlier than the day after the children's school is dismissed for the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven consecutive days each; or b) does not give the CP such notice, the NCP shall have possession of 30 consecutive days beginning at 6PM on July 1 and ending at 6PM on July 31. 6. LONG DISTANCE SiIIVIlVIER POSSESSION: When the NCP resides more than 100 miles from the residence of the children, if the NCP: a)gives the CP written notice by May 1 of each year specifying an extended period or periods of summer possession, the NCP shall have possession of the children for 42 days beginning no earlier than the day after the children's school is dismissed from the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven consecutive days each; or b) does not give the CP such notice, the NCP shall have possession of the children for 42 consecutive days beginning at 6PM on June 15 and ending at 6PM on July 27. 7. If the CP gives the NCP written notice by June 1, the CP shall have possession of the children on any one weekend beginning Friday at 6PM and ending Sunday at 6PM during any one period of possession of the NCP in sections S and 6 above, PROVIDED THAT the CP picks up the children from the NCP and returns the children to the same place. 8. a) EXEMPTION, if the CP gives the NCP written notice by May 15 of each year or gives the NCP 14 days written notice on or after May 16, the CP may designate one weekend beginning no earlier than the day after the children's school is dismissed for the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by NCP will not take place PROVIDED THAT the weekend does not interfere with the NCP's summer possession as defined in sections 5 and 6 or with Father's Day if the NCP is the father of the children. b) LONG DISTANCE EI~MP''rION: When the NCP resides more than 100 miles from the residence of the children, if the CP gives the NCP written notice by June 1 of each year the CP shall have possession of the children on any one weekend beginning Friday at 6PM and ending the following Sunday at 6PM during any one period of possession of the NCP under section 6 PROVIDED THAT the CP picks up the children from the NCP and returns the children to that same place and FURTHER PROVIDED that if the NCP shall have possession of the children for more than 30 days the CP shall have possession on any two non-consecutive weekends. c) CP'S DESIGNATION, When the NCP resides more than 100 m~1es from the residence of the children, if the CP gives the NCP written notice by May 15 of each year or gives the NCP 30 days written notice on or after May 16 of each year, the CP may designate 21 days beginning no earlier than the day after the children's school is dismissed for the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the NCP shall not have possession of the children, PROVIDED THAT the designated time period does not interfere with the NCP's summer possession as defined in section 5 and 6 or with Father's day if the NCP is the father of the children. 9.~ ildren'S RjK_1'HI?AY: The parent not otherwise entitled under this standard order to present possession of a children on the children's birthday shall have possession of the children beginning at 6PM and ending at 8PM PROVIDED THAT said parent pick up the children from the residence of the Parent entitled to possession and return the children to that same place. 10. FATHER'S DAY: If the Parent, the father shall have possession of the children beginning at 6PM on the Friday preceding Father's Day and ending at 6PM on Father's Day, provided that, if he is not otherwise entitled under this standard order to present possession of the children he picks up the children from the residence of the Parent entitled to possession and returns the children to that same place. 11. MOTHER'S DAY: If a Parent, the mother shall have possession of the children beginning at 6PM on the Friday preceding Mother's Day and ending at 6PM on Mother's Day provided that if she is not otherwise entitled under this standard order to present possession of the children, she picks up the children from the residence of the Parent entitled to possession and returns the children to that same place. SIGNED ON THIS THE 3 f day of u ~ ~ ~ ~ STATE OF Pennsylvania § COUNTY OF Cumberland §ss. L Laura Louise Fry, Defend t Before me, the undersigned, a Notary Public, on this ~ day of is aero 7 ,personally appeared the above named Defendant, Laura Louise Fry, to me known to be th identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/she read, understood and signed the same; and that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto affixed my signature and official seal the day date heretofore stated. COMMONVVEAL't'ii OF PENNSYLvAV!r. , Notarial Seal M commission ex ices: Tina M. Robertson, Notary Pubiic `~ ~ u ~ ~ 5 , ~~ ~ ~P~ Twp•, Ctnnbertaad County Notary Public Expires Nov. 15, 2007 Member, Pennsylvln~~ 4csn^ip~=~~ n. NotPriP.: SIGNED ON THIS THE ~ day of . lA ~ Tw ~ ~ , ~• STATE OF Pennsylvania § COUNTY OF Cumberland §ss. ~~ uglas B Fry, P alntiff r~ 1~ u u s ~ ~ 7 rsonall Before me, the undersigned, a Notary Public on this ~...__ day of ~C,_, , pe y appeared the above named Petitioner/Plaintiff, Douglas Barry Fry, to me known to be the identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/she read, understood and signed the same; and that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto affixed my signature and official seal the day and date heretofore stated. My commission expires: /7 ~ U /S~, ~D~ COMMONWEALTH OF PENNSYLVAF~fiA Notarial Seal Tina M. Roberlsort, Notary public East Pennsbore Twp., Cumberland County My Commission Fires Nov. 15, 2007 Member, Pennsytv~n~~ 4SSOClart..n r,r Notaries _.._ /~~'~' ~~ / Notary Public t~ ~_ N _-~ o ~ ~~~ -.d.~ ~ --•~. f '~ -7,1 ~ :, C7 ~ ~ ( ; 1~ _ _ .~ ..~` `Y9 .. ~'L7 ~~ (_,- l J .. b cn ~7 .. ~, ..~ IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § CIVIL ACTION -LAW C' ~ v , ( TERM CASE NO. , aaa ~ - o YS99 IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 3301(c) of the Divorce Code was filed on ~ v~' f .~ 10~ ). 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and the service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that. the statements made in this affidavit are true and correct. I understand that false statements contained herein are made subject to penalties of 18 C.S. §4904, relating to unswom falsification to authorities. DATE: A Dou Barry Fry WAIVER OF NOTICE TO INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without any 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 ~atements herein are made subject to the penalties of 18. Pa. C.S. §4904 relating to unsworn fat ification to authorities. Dated: f~ Dou Barry Fry r~ ' ~ ~ _ ,, tt! ~ -~ _~ ~ - -~ ct~ -< IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § CIVIL ACTION -LAW (~ i y ~ ( TERM CASE NO. wee `7 - D X599 IN DNORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 3301(c) of the Divorce Code was filed on ~ s f 3, a o y 7 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and the service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE: l ~ - S- ~ o a ~ Laura Louise Fry WAIVER OF NOTICE TO INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without any 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. Dated: /~- S- - a ao 7 a Laura Louise Fry 'U ~~ •~ ~ ~;~ s apt? ~' c f t~"+ ~° '~-.` 3 :- -~c~y ~* ~ -< IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff § 1503 Center Street § Enola, Pennsylvania 17025 § § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania17025 § § CIVIL ACTION -LAW C -/~ ~ L TERM CASE NO. o~•fl®.~ ~ ~`r~1 r~ IN DIVORCE NOTICE OF INTENT TO FII.E PRAECIPE TO TRANSMIT You are hereby given notice that ten (10) days following mailing of this notice, a Praecipe to Transmit Record, together with a proposed Final Decree of Divorce, will be filed in this matter with the Appo' ent Clerk's Office, Room CD ? at ~~.~~,~~~ in ~l-x~s- c , Pennsylvatia. Exact copies of the Praecipe and the proposed Final Decree in Divorce are enclosed herewith. After the praecipe and proposed Final Decree in Divorce aze filed, you will have a period of ten days during which you may file objections to the entry of the Final Decree based upon this Praecipe. If you dispute any of the information on the Praecipe or Final Decree you must act within that ten-day period. Any objections must be filed in writing with the Appointment Clerk's Office, Room ~, ~'~,~,.~ ~~~ ~~ „~ (Q,,.~,1~ ~s ~ e l.~ ,Pennsylvania i 7/03 . If no objections aze filed before the expiration of the. ten-day period, 's case will be submitted to the Court for entry of the Final Decree. Dated: ~ , laintiff, Dou as Fry ~ -v 5 '" ~~,, ~~ ~~ w ~~ yy ~J ~ ~~ «` ~~ IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Douglas Barry Fry, Plaintiff ~ § 1503 Center Street § Enola, Pennsylvania 17025 § Laura Louise Fry, Defendant § 1503 Center Street § Enola, Pennsylvania 17025 § CIVIL ACTION -LAW C / ~/`- ~ TERM CASE NO. D ~ - ~S 9 ~ IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, 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 Complaint: the Z''0~ day of ~ ,...t _, 2007 by Acceptance of Service 3. Complete either paragraph (a) or (b) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code; By Plaintiff Douglas Barry Fry ~ ~~ S - a~ ; by Defendant Laura Louise Fry / 1- s - a 7 (b)(1) Date of execution of the affidavit required by Section §3301(d) of the Divorce Code: (b)(2) Date of filing and service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: 5. (Complete either (a) (b). ) (a) date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: ~of-~ "ce ~ s ,~~,~/,~~" ~ ~ i~-mss' (`i ~ :~ ~ ~:. ~ ~~~ ~." ~~ ~ ~ ~~ ~~ ~..- I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. 54~ ~rP,~1rc..~r N O. ~?" ~~~~ e ~~-----~ VERSUS L ~ ~~' S~®~ AND NOW, DECREED THAT AN D PLAINTIFF, 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; PROTHONOTARY DECREE IN DIVORCE ~-/o:s~ I_ ` `~ ~~IT iS ORDERED AND ~ ~~ ~'~ c.o ~1 < l~ ~~~ ~ ~ G~ ,, .- ~. , , =~ _