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HomeMy WebLinkAbout07-7441MELANIE LYNN MARTIN, PLAINTIFF VS. BRIAN CHRISTOPHER MARTIN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA N0.0 7 -7 5/ CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / 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, One Courthouse Square, Carlisle, PA 17013-3387. 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 1-800-990-9108 MELANIE LYNN MARTIN, PLAINTIFF vs. BRIAN CHRISTOPHER MARTIN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA 4 7 -7q,?? NO. CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, MELANIE LYNN MARTIN, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is MELANIE LYNN MARTIN, an adult individual, who resides at 608 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is BRIAN CHRISTOPHER MARTIN, an adult individual, who resides at 294 Aburdine Avenue, Exton, Chester County, Pennsylvania, 19341. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on August 12, 1995. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Defendant was a member of the United States Military Services for eight (8) years during the parties' marriage, but there are no benefits which are subject to martial property division. 9. Plaintiff and Defendant have two (2) children from their marriage, EVAN JAMES MARTIN, born July 21, 2001 and OLIVIA GRACE MARTIN, born on April 27, 2003. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, MELANIE LYNN MARTIN, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT H - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(x, OF THE DIVORCE CODE 12. Paragraphs 1 through 1 I of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, MELANIE LYNN MARTIN, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT III - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 31{1402) and 3323(h) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME AGE SEX DATE OF BIRTH EVAN JAMES MARTIN 6 years Male July 21, 2001 OLIVIA GRACE MARTIN 4 years Female April 27, 2003 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM Plaintiff and Defendant ADDRESS Offutt Air Force Base Belview, Nebraska. FROM / TO April, 2003 to March, 2005 Plaintiff and Defendant McGraw Air Force Base March, 2005 to April 28, 2007 Plaintiff 608 Colonial View Road April 28, 2007 to Present Mechanicsburg, PA 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their children. WHEREFORE, Plaintiff, MELANIE LYNN MARTIN, requests this Honorable Court grant Plaintiff, MELANIE LYNN MARTIN, and Defendant, BRIAN CHRISTOPHER MARTIN, Shared Legal Custody of the minor children, EVAN JAMES MARTIN and OLIVIA GRACE MARTIN and Plaintiff, MELANIE LYNN MARTIN, Primary Physical Custody and Defendant, BRIAN CHRISTOPHER MARTIN, Partial Physical Custody, of the children, EVAN JAMES MARTIN, and OLIVIA GRACE MARTIN, as in the children's best interest. Respectfully submitted, Dated: December t'e" 2007 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan y -ie lo, sqi Couns:?o Plaint PA I.D. # 998 4010 Glenf lace Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 7 -?. Q oq mdamx ?z tkowt: MELANIE LYKN MARTIN ? r -c R MELANIE LYNN MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7441 CIVIL ACTION LAW BRIAN CHRISTOPHER MARTIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 17, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 17, 2007 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 3 :1 i?d L 1330 !NZ Awlzar 4.0 MELANIE LYNN MARTIN, PLAINTIFF VS. BRIAN CHRISTOPHER MARTIN DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-7441 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE/CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on January 14, 2008, comes, SUSAN KAY CANDIELLO, who states as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Melanie Lynn Martin, Plaintiff in the above-captioned matter. 3. On December 26, 2007, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7005 3110 0003 7847 4171, and addressed to the Defendant, Brian Christopher Martin, 294 Aburdine Avenue, Exton, PA, 19341. 4. The return receipt card signed by the Defendant, Brian Christopher Martin, showing a date of service of January 10, 2008, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements. of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. a ¦ Complete items 1, 2, and 3. Also complete AWgaMure item 4 if Restricted Delivery is desired. 0 Agent ¦ Print your name and address on the reverse X 0 Addressee so th can r ¦ Attach c eturn the card to you. card to the back of the mailpiece, by (Printed ) C. Data of Delivery or on nt if space permits. D. Is deliveryaddress different from iterrr ? Yes 1. Article AOVii,c esaed to: r If YES, enter delivery address below: 0 No cQrt 1Qu2c?vv?Q.? stc?k? PA ia3Ll-I 3. ?ype Mall 0 Express Mail Registered 0 Return Receipt for merchandise 0 insured mail 0 O.O.D. 4. ResMcted Delivery? (Eon Fee) 0 Yes 2' ArWe rNumber 7005 3110 0003 7897 4171 (flansfior noun serv?ce ?abed PS Form 3811, February 2004 Domestic Return Receipt 10905-02-WIS40 Exhibit "A" h C7- im ! 8 ZQQ8 ?" MELANIE LYNN MARTIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-7441 CIVIL ACTION LAW BRIAN CHRISTOPHER MARTIN Defendant IN CUSTODY ORDER AND NOW, this 18"' day of January, 2008 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator e7 c•+ MELANIE LYNN MARTIN, PLAINTIFF VS. BRIAN CHRISTOPHER MARTIN, DEFENDANT IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.07-7441 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is MELANIE LYNN MARTIN, 608 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant (hereinafter sometimes referred to as "Father") is BRIAN CHRISTOPHER MARTIN, who currently resides at 294 Aburdine Avenue, Exton, Chester County, Pennsylvania, 19341. EVAN JAMES MARTIN (hereinafter sometimes referred to as `Evan"), born on July 21, 2001 and OLIVIA GRACE MARTIN (hereinafter sometimes referred to as "Olivia"), born on April 27, 2003, are the subjects of this Stipulation for Agreed Order of Custody and are the natural children of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, MELANIE LYNN MARTIN, and Defendant, BRIAN CHRISTOPHER MARTIN, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, EVAN JAMES MARTIN and OLIVIA GRACE MARTIN. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child(ren) are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-today decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend day care and/or school conferences and activities. The Father's name shall be listed with the day care and/or school as the alternative parent able to pick up the child(ren), to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Plaintiff shall have Primary Physical Custody and Defendant shall have Partial Physical Custody of their minor children, Evan James Martin and Olivia Grace Martin according to the following schedule: A. Father's work schedule with travel and unpredictable changes is not conducive at this time to a regular weekly schedule for Father to be with the children. Father agrees to share his work schedule with Mother in a timely manner. Mother agrees to cooperate with Father to enable him to have regular visitation with the children as his work schedule allows. If Father should not be travelling, Mother and Father agree to share weekend time equally. Because of the distance between Mother and Father overnight visitation with Father is not possible when the children have school. When the children do not have school or during the summer vacation, Father may request an overnight during the week with forty-eight (48) hours notice to Mother. B. The parties shall alternate the following holidays. Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years. To alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day; 5) Labor day; 6) Thanksgiving Day. D. Christmas. Mother and Father shall alternate Christmas with Mother getting Schedule B in the even numbered years and schedule A in the odd numbered years. Father shall have Schedule B in the odd numbered years and schedule A in the even numbered years, to alternate annually thereafter. 1. To begin Christmas Day at 2:00 p.m. through December 26 at 9:00 p.m. 2. To begin Christmas Eve Day at 9:00 am. through Christmas Day at 2:00 p.m. E. Father shall have the children on Father's Day and Mother shall have the daughter on Mother's Day; F. Should Father's work schedule prohibit him from having a holiday with his children, Father shall be able to request alternative equal time to be with his children; G. During all holidays and other special times of custody, visitation shall extend from 5:00 p.m. the evening before the special custody period through the morning after the last day of the special custody period or until such times as Mother and Father can agree upon; H. Father shall have the option to request two (2) consecutive or non- consecutive weeks of vacation during the summer. Father may choose to take these two (2) weeks of vacation in any groups of times which he chooses. Father shall provide Mother with a minimum of two (2) weeks notice when he wants to have his children for his vacation periods; 1. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; J. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their children for more than eight (8) hours. Such times shall include, but not be limited to, days their child(ren) are ill and unable to attend school, any days their children are not scheduled to be in school, snow days, any time a parent is scheduled to be out of town, any time a parent will be attending another event and/or activity, etc. 12. If for any reason (other than when Father is out of town due to his work schedule) a party does not have their children for their scheduled visitation, that same party shall be entitled to additional time equal to the time they did not have their children from the time of the other party. 13. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get their children. 14. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. 15. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 16. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activities in which their children are in the care of an adult other than an activity within their children's school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency. 17. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: Z?- 16, 0 , 2008 Yw." .0 MELANIE LYNN MARTIN DATED: 7Z // 3 r 2008 t ? o BRIAN CHRISTOP R IN COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF t,?W)IV MLkn ?U 1i e m ? Good. On this, the Jday of IR-E• , 2008 before me a Notary Public, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when BRIAN CHRISTOPHER MARTIN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. _WMW4EnLTH OF ?ENNSYLVnN1A NoWw Sad 3UNIA Good, NOWYPWW CaOomrr ^ E ?, 6. 201 .nis Aseewdooon of puc+taries r JI i bar, Penns* , ? C??rnm"?s?ior, &P COMMONWEALTH OF PENNSYLVANIA COUNTY OF tuM IkA (" SS: On this, the 151t day of Fe jKt"q , 2008 before me, a Notary Public, the undersigned officer, personally appeared SUSAN 4CAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when MELANIE LYNN MARTIN known to me (or satisfactorily proven) to be the person whose name are subscribed to the within Stipulation for Agreed Order of Custody and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. :2 r 1 At i A pjw?' tary Public y Commission Expires: NORMIA? ?M, MM" rim W AVM VW. C{NYIIIW M CIN MI? Car?MOn bplN? ?l1, l010 rr, 7 &A IOWA ow- MELANIE L. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 07-7441 BRIAN C. MARTIN, Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY Please enter my appearance on behalf of the Defendant, Brian C. Martin, in the above- captioned matter. Date: 2 \ 0 D V?_AE Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant MELANIE L. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 07-7441 BRIAN C. MARTIN, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Susan Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 U?__A6 Mark F. Bayley, Esquire l Attorney for Defendant Dated: tZi r_S f is lLt? MELANIE LYNN MARTIN, PLAINTIFF VS. BRIAN CHRISTOPHER MARTIN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.07-7441 CIVIL TERM CIVIL ACTION - LAW ACTION FOR CUSTODY ORDER OF COURT AND NOW, this 2?1 l iy of reL , 2008, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, MELANIE LYNN MARTIN, and Defendant, BRIAN CHRISTOPHER MARTIN, shall SHARE LEGAL CUSTODY and Plaintiff, MELANIE LYNN MARTIN, shall have PRIMARY PHYSICAL CUSTODY and Defendant, BRIAN CHRISTOPHER MARTIN shall have PARTIAL PHYSICAL CUSTODY of their minor children, EVAN JAMES MARTIN and OLIVIA GRACE MARTIN, in accordance with the language contained in the within Stipulation. t>- -BY THE COURT, JF ??J 1 Cl-I 0 MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Brian C. Martin, (hereinafter referred to as "HUSBAND") and Melanie L. Martin, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on August 12, 1995; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. 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. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sold use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the p es hereto and the covenants and agreements of each of the parties to the other. The adequacy of ??e e consideration for all agreements herein contained is stipulated, confessed, and admitted by parties, and the parties intend to be legally bound hereby. I . 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; or has voluntarily decided not to receive advice from counsel acknowledging that adequate time and opportunity has been provided to do so; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and, obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Propeity for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. CASH ASSETS: a. HUSBAND shall transfer to WIFE a total cash payment of Three Thousand Seven Hundred Seventy Four and 45/100 ($3,774.45) Dollars within five days of the execution date of the within agreement. b. The ;parties have previously separated cash assets not otherwise mentioned by this agreement to their satisfaction. 8. PERSONA PROPERTY: a. VE ICLES: HUSBAND will assume full ownership of any vehicles currently in his possession. WIFE will assume full ownership of any vehicles currently in her possession. The parties agr a to sign documents necessary for the transfer of title to vehicles relating to the within parag aph. 2 b. Posonal property not otherwise mentioned by the within agreement will belong to the respective arty possessing the personal property at the time of execution of the within agreement. 9. SUPPORT AND ALIMONY: a. HUSBAND shall pay WIFE alimony in the amount of Two Hundred and 00/100 ($200.00) Dollars each month for a total of twelve (12) months. Said payments will commence on July 1, 2008 and shall be made on or before the first day of each month thereafter. Alimony payments shall cease after the last payment is made for June of 2009. b. As of the execution date of the within agreement, the parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony (other than as provided in the within paragraph I I (a)) or spousal support before or after any divorce which may be granted. 10. RETIREMENT ACCOUNTS/ PENSIONS/ INVESTMENTS: a. HUSBAND will assume full ownership of any and all pension, retirement and/or investment plans/accounts of any kind currently in his name, including his current IRA plan. b. WIFE will assume full ownership of any and all Pension and/or Retirement and/or Investment plans/accounts currently in her name, including her current IRA plan. 11. PROPERTY BELONGING TO CHILDREN: HUSBAND shall store savings bonds belonging to the children. WIFE shall store Mr. Martin's diamond ring belonging to Olivia and the Baby ring belonging to Evan. HUSBAND and WIFE will share birth certificates belonging to the children as needed. 12. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the .ec other, and right to act as a inistrator or executor of the other's estate, and each will, at the request of the other, e. ut , acknowledge and deliver any and all instruments which may be necessary or advisable to c y into effect this mutual waiver and relinquishment of all such interests, rights and claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 13. INCOME AX RETURNS: All future income tax returns will be filed separately and the parties ill each retain any refund due to them unless otherwise agreed upon in writing. i 14. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce within 14 days of the expiration of the mandatory waiting period. 15. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 16. ADDITIONAL INSTSRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 17. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 20. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 21. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 22. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their sl paration that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 23. EQUITAB E DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes equitable distribution of property, both real and personal, which was legally and beneficial) acquired by Husband and Wife or either of them during the marriage as contemplated by The Ac of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P. S. 101 et seq. the Commonwealth of Pennsylvania, and as amended. 4 24. S Y OF EFFECT OF AGREEMENT: It is specifically understood and agreed by an7be:twlen the parties hereto, and each party accepts the provisions herein made in lieu of and in ment and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 25. RECON ILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement Or cause any new marital rights or obligations to accrue. 26. SEVERA$ILITY: If any term, condition, clause or provision of this Agreement shall be determined or dedlared 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 end continue in full force, effect and operation. Likewise, the failure of any party to meet her or h}s obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of tie parties. 27. NO WAIV?R OF DEFAULT: This agreement shall remain in full force and effect unless and until ternpinated under and pursuant to the terms of this Agreement. The failure of either party to insist upgn strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hejreof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it ?e construed as a waiver of strict performance of any other obligations herein. i 28. INTEGRATION: 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 warMnties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided here' , 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. 30. WAIVER R MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms ereof shall be valid unless in writing and signed by both parties and no waiver of any breach he eof or default hereunder shall be deemed a waiver of any subsequent default of the same or simil nature. 5 31. AGREEI NT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefi of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 32. ACTIVATION: This agreement shall become effective immediately upon its execution by both parties. IN WITNESS VV MREOF, the parties have hereunto set their hands and seals on the date indicated below. Susan K. C ell , q. Melanie Lynn artin 4Dae Mark F. Bay, , sq. Tian Christopher Martin Date COMMONWEALTH OIF PENNSYLVANIA COUNTY OF CUMBERLAND : SS PERSONALLY ?PPEARED BEFORE ME, notary public for Cumberland County Pennsylvania, this ?1 day of D MIA, ,20-a-, Melanie Lynn Martin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WIWOF, I have hereunto set my hand and official seal. ^^!_MIiA?IMR IMMk KWAPM 1%j a ho COINAI? 14otary Public COMMONWEALTH COUNTY OF : SS PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this ? day of r) 2. , 200.x, Brian Christopher Martin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WIWOF, I have hereunto set my hand and official seal. i COMMON EALTH OF =PENNSYLV-ANIA Eow N y Public e y CWbsdwW na ..... "r oann¦vwsnu As 1200M of Notaries 6 C.J 00 awM" MELANIE LYNN MARTIN, PLAINTIFF VS. BRIAN CHRISTOPHER MARTIN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.07-7441 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 11, 2007. The Defendant was served the Complaint on January 10, 2008. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. 1 understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, l 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to autliorities. MELANIE LYNN MARTIN it. r-? ;;? o ? ? r--- ?. ? , -- ? ? , ? ? ' . ti : ? "? .:? ? V i MELANIE LYNN MA? TIN, PLAINTIFF VS. BRIAN CHRISTOPHER MARTIN, DIdFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.0,7-7441 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE 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 1 do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 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. Section 4904 relating to unworn falsification to authorities. (01A(f f0t DATE MELANIE LYNN MARTIN 9 i MELANIE LYNN MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-7441 BRIAN CHRISTOPHER MARTIN, Defendant j : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in Divorce under §3301(c) of the Divorce Code was filed on December 11, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND COR"CT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT T? THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. b 4(e L- rian Christopher /;? t..a y ?? _. ? _--? = ?.= ? c c?.? .;_ c_:; C.? ' ;` ,. ?.W? :?:? ?? I I 7 II MELANIE LYNN MARTIN, Plaintiff V. BRIAN CHRISTOPHER MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7441 : IN DIVORCE 'WAIVER OF INTENTION TO REQUEST $NTRY OF A DIVORCE DECREE UNDER $3301lC) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that II may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clam 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 vNill be sent to me immediately after it is filed with the Prothonotary. I VERIFY THATT EH STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRACT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dat Tian Christe her Martin ? } ?? ? ? ? t? T ? ' ` ' ' ?? C> %' ? ?;J ` ? ` .?- s M,,... ,. t ?'-sue i ? J • " .i ? j ?d 4?_ . jr MELANIE LYNN MARTIN, PLAINTIFF VS. BRIAN CHRISTOPHE9 MARTIN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.07-7441 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRUCIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the, record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Brian Christopher Martin, signed the Acceptance of Service on January 10d' , 2008. Said Acceptance of Service was filed with the Cumberland County Prothonotary on January 15* , 2008. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: June 26" , 2008 Defendant: June 15th , 2008 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see fthe Marital Property Settlement Agreement which is being filed simultaneously With this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3 01(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on Jun 26th , 2008 by the Plaintiff and on June 15d' , 2008 by the C ? A x ?? J , 41, Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: June ?Ja 2008 Counsel for Plaintiff PA I.D. # 64998 4010 Glenfinnan PLe/ Mechanicsburg PA 17055 (717) 724-2278 t-? °"a (";t ? +? C-? ? -? t? i? -T i'i'1 ??^'^. tJ C.3 -`" ?,,« __ ,..4 Lb:.1 f AV op? iv --f- /V-),Vw At?