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HomeMy WebLinkAbout07-6819ALAN GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 61_ (0 819 Civil arm CAROL GRAHAM, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the 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 A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ALAN GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. o ?G 8/ 9 ?, c c T CAROL GRAHAM, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY COMPLAINT IN DIVORCE The Plaintiff, Alan Graham, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE §§ 3301(c) or 3301(d) 1. Plaintiff, Alan Graham, is an adult individual who currently resides at 102 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant, Carol Graham, is an adult individual who currently resides at 102 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on August 21, 1993, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. COUNT II - CUSTODY/VISITATION - § 5303 9. Paragraphs one (1) through eight (8) are incorporated herein by reference. 10. There is are three dependent children to this marriage as follows: Krista Graham, born August 31, 1995 (age 12), Nathan Graham, born September 19, 1997 (age 10), and Kayla Graham, born May 14, 2002 (age 5). The children were not born out of wedlock. 11. The Plaintiff seeks primary physical custody of the children. 12. The minor children are presently in the custody of both the Plaintiff and Defendant, who resides at 102 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 13. During the past five years, the children have resided at the following address with the following persons: Dates: Addresses: List All Persons: 2000 - Current 102 West Vine Street Mother, Carol Graham Shiremanstown, PA 17011 Father, Alan Graham 14. The Mother of the children is the Defendant, currently residing at 102 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. She is married to the Plaintiff. 15. The Father of the children is the Plaintiff, currently residing at 102 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. He is married to the Defendant. 16. The relationship of Plaintiff to the children is that of natural father. He currently resides with the children and defendant. 17. The relationship of Defendant to the children is that of natural mother. She currently resides with the children and Plaintiff. 18. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 21. The best interest and permanent welfare of the children will be served by granting the relief requested, because: a.. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the children; C. Plaintiff and Defendant have agreed upon a custody arrangement that promotes the best interests of the children. 22. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiffs rights of primary physical custody. Date: 1 r 7 2 06, 7 Marlin L. Nj?e)(, Esquire Law Off s of P trick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ALAN GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. CAROL GRAHAM, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: //-/-2007 1 lez? - Alan Graham ? v W E K rt`a C? -Q w a: , -a ALAN GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-6819 CAROL GRAHAM, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7005-0390-0006-3485-7098, restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of Pa. R.C.P. 1930.4. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. CarAddressed at Graham ICS YV?s?Yira shirure?nsf?un (? D. Is delivery address different fro If YES, enter delivery address 3. .a. ilch C. Dateo 1P. 1 1 ? ? Yes Se ice T ? press Mail Registered ? Insured Mail 2. Article Number (fiansfer nsfer from m service label) 7005 0390 0006 3485 7098 PS Form 3811, August 2001 Domestic Return Receipt 102595.02-M-1540 Respectfully sub0t1d, f Arlin L. Megk ey, quire .zt f' Law Offices of Pa * k F. Lauer, Jr., LLC 2108 Market Street, _ ec Building 1 - I - Z b Camp Hill, Pennsylvania 17011-4706 Date: f ID# 84745 Tel. (717) 763-1800 9 ALAN GRAHAM Plaintiff VS. CAROL GRAHAM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07 - 6819 CIVIL TERM : CIVIL ACTION - AT LAW - IN DIVORCE THIS AGREEMENT, made this day of 200E , by and between ALAN GRAHAM, of Shiremanstown, Cumberland County, Pennsylvania, hereinafter referred to as Husband; and CAROL GRAHAM of Shiremanstown, Cumberland County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT: WHEREAS, Husband and Wife were married on August 21, 1993, in Carlisle, Pennsylvania; and WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and 1 WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Marlin L. Markley, Esquire, and Wife, cognizant of her right to legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this Agreement; and WHEREAS, there are three dependant children to the marriage, namely Krista Graham, born August 31, 1995, Nathan Graham, born September, 1997, and Kayla Graham, born May 14, 2002; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1.1 SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 EFFECT OF RECONCILIATION. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2.1 DIVORCE ACTION, This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Husband has filed a divorce action against Wife, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband 2 and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 FINAL RESOLUTION. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement; whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 INCORPORATION OF AGREEMENT INTO i1F.CRFF,, It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 3.1 CRITERIA OF DISTRIBUTION. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 SATISFACTION OF RIGHTS OF EQUITABLE DISTELSIiTiON. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all 3 rights of equitable distribution of parties. 3.3 RF,T,TN UISNMF.NT OF CLAIMS. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 MARITAL RF.SIDENC'.F„ Wife agrees to vacate the marital residence and transfer to Husband all of her interest in the marital residence at 102 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. Husband shall have sole and exclusive possession thereof, andWife shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husband all her right, title, and interest in and to the marital residence. 3.5 PERSONAL PROPERTY, The parties have already divided the personal property to their mutual satisfaction. Each party hereby waives rights any property in the possession of the other. 3.6 FJlTTTTART.F, nTSTRTRTITTON TNSTAT.T.MF.NTS. Husband shall pay Wife the total amount of $30,000.00, representing her equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. Husband is to have the residence located at 102 West Vine Street, Shiremanstown, Pennsylvania, refinance to remove Wife's name from the mortgage. Within three (3) days of Husband receiving the proceeds from the refinance, he is to make the $30,000.00 equitable distribution payment directly to Wife. The equitable distribution payment may be paid in advance without penalty. 3.7 RF.TTRFMF.NT_ Each party has certain pension and retirement accounts which shall become the sole and separate assets of the party in whose name they were titled. This includes, but is not limited to, pension, individual retirement accounts, 401(k) and otherwise. Each party hereby relinquishes any right, title, interest or claim they may have in and to the retirement assets of the other. 4.1 nFRTS. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that; in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 MARTGAGF. FOR RESiDENCE i,OCATED AT 10 WEST VINE STRFFT, SHiREMANSTOWN, PENNSYi.VANiA Husband agrees to accept sole responsibility for the mortgage encumbering the marital residence, and to hold Wife free and harmless from any and all liability which may arise from said mortgage. 4.3 SPECiFiC. OUTSTANDING DERTS OF HiTSRAND. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 4.4 SPECIFIC OUTSTANDING DERTS OF WiFF, Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. 5.1 WAIVER OF Ai.IMONY, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their.lives for all claims and demands, past present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 6.1 ATTORNEYS FFF.S UPON BREACH. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Ai UCF. OF COUNSEL The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 5 6.3 LEGAL FF.F.S. Husband and Wife agree to be responsible for their respective legal fees. 6.4 CONTRACT INTERPRETATION, For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super., 1992). 6.5 MITTITAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and./or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a fmal settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.6 WARRANTIES_ Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or 6 obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.7 MC1niFiC'ATiO . No waiver or modification of any of the terms of this Agreement shall be valid unless in,writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.8 DOCUMENT EXECUTION , The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.9 (:OWENiNG LAW, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.10 BINDING This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.11 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.12 SEVERARii ITY, If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.13 FQUITARi'R DMSTON, It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as 7 contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.14 DISC'.LOSITRF. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.15 ENFORCEABILITY AND CONSIDERATION. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate 8 legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. WITNESSED BY: ZYA'O. Alan Graham, Husband l7 D? Carol Graham, Wife 9 co ALAN GRAHAM, Plaintiff vs. CAROL GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6819 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 9, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: $ Signature: Carol Graham r'i?b ? tiy {fix co ALAN GRAHAM, Plaintiff VS. CAROL GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6819 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses 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. 4. 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 unworn falsification to authorities. Date: Signature: (Ad4a4L??n Carol Graham { ' :} ? L _ `ta --{ e?.? _ - „?,.4 -? .:, f ? ?: r.,,? ?:? t ?? :: n, ALAN GRAHAM, Plaintiff VS. CAROL GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6819 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 9, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: 3-/9^09 Signature: Alan Graham ? ?.' ?? ?? `? t ?. ? -n _ ? ?-jz ?W ^? ???; .,,s - , ??? r: ??. r i ;- - r=te ?? e ALAN GRAHAM, Plaintiff vs. CAROL GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-6819 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 4. 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 unworn falsification to authorities. Date: '63 Signature: )&a , Alan Graham al ALAN GRAHAM, Plaintiff VS. CAROL GRAHAM, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-6819 CIVIL ACTION - AT LAW IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under § 3301(c) §-3381(d)(1) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7005-0390-0006-3485-7098, delivered on November 17, 2007. See Affidavit of Service filed with the Court on November 19, 2007. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff March 19, 9008 ; by the Defendant March 19, 2008 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: Pleas inco orate,, with oot the attached Se aration and Pronea S ttlement A_gr ement of then artier intn the Divorce 1)ecree_ 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, _ f (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: filed simnltanennshr wlPraecin ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: filed simultaneously wlPraecci Respectfully Date. 3 ) 2- -?, J7- 00e Marlin L. Markle X, Esquire Law Offices of atrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Cs? ? C? i'? . ? "t D -,-`1 ?+.3 - W. s C.? ?.: - r?: t`? a?- w t? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. -ALAN-GRAH A-M Plaintiff No. 07-6819 VERSUS CAROL GRAHAM Defendant DECREE IN DIVORCE AND NOW, .?? ?L ZG? g IT IS ORDERED AND DECREED THAT PLAINTIFF, AND 6" '^`a., 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; A/o#i BY THE COURT: ATTEST, i. PROTHONOTARY itvw ©. C. -?? 3v - -C _/ ALAN GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-6819 CAROL GRAHAM, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY STIPULATION WHEREAS, the subject of this stipulation for custody is the Plaintiff's and Defendant's, children, Krista Graham, born August 31, 1995, Nathan Graham, born September 19, 1997, and Kayla Graham, born May 14, 2002; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the children; and WHEREAS, it is in the best interest of the children that this Court decide the matter because the children and both parties reside in Cumberland County, Pennsylvania, it is the desire of both parents and all parties involved that the children continue to live with their Father in Cumberland County, thus giving this Court jurisdiction; THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties will share joint legal custody of Krista Graham, born August 31, 1995, Nathan Graham, born September 19, 1997, and Kayla Graham, born May 14, 2002. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each parry agrees not to attempt to alienate the affections of the children from the other parry. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. The parties will share joint physical custody of the Children. 3. Mother, Carol Graham, shall have physical custody of the minor children on alternating weeks from Sunday at 6:00 p.m. until the following Sunday at 6:00 p.m.. 4. The children attending grade school shall return home to Father's residence after school. During Mother's periods of custody, she shall pick the children up at Father's residence after the get home from school. 5. Kayla will be picked up at Daycare by the parent that gets off work the earliest. I 6. Father shall have physical custody of the children during odd numbered years and Mother shall have physical custody of the children during even numbered years for the following holidays: New Years Day, Memorial Day, Thanksgiving, Christmas Eve, and New Year's Eve (5:30 p.m. December 31 until 12:00 p.m. January 1). 7. Father shall have physical custody of the children during even numbered years and Mother shall have physical custody of the children during odd numbered years for the following holidays: Easter, Labor Day, and Christmas Day. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. It is the responsibility of the parry that is to begin physical custody to pick the children up at the residence of the other party. If the party picking up the children is going to be fifteen (15) minutes or more late for the scheduled pick up time they are to contact the other party to let them know in advance. 10. Each parent shall be entitled to reasonable telephone contact with children when the children are in the custody of the other parent. 11. Neither parent shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 12. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 13. Father shall receive the benefit of Kayla Graham for filing income taxes. 14. Mother shall receive the benefit of Krista and Nathan for filing income taxes. 15. This stipulation may only be altered by the mutual consent of Mother and Father. 16. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. Alan raham Date Carol Graham Date _ - 4 APR 2 4 2008 ALAN GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-6819 CAROL GRAHAM, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY CONSENT ORDER AND NOW, this Z S* day of A7.? t 2008, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of four pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: Distribution: Marlin Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 ,Xarol Graham, 102 West Vine Street, Shiremanstown, PA 17011 C _ i1 6 0 114 'V