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HomeMy WebLinkAbout08-0615ROBERT S. MARTENS, PLAINTIFF V. MARIA C. MARTENS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DIVORCE/CUSTODY ACTION 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 Petitioner. 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: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derchos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 ROBERT S. MARTENS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OF- 6/3' Tom.,, MARIA C. MARTENS, : DIVORCE/CUSTODY ACTION DEFENDANT COMPLAINT COUNTI DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Robert S. Martens, is an adult individual who maintains an address at 460 County Line Road, York Springs, PA 17372. 2. Defendant, Maria C. Martens, is an adult individual who currently resides at 3608 Dwayne Avenue, Mechanicsburg, PA 17050. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on June 23, 1995, in West Lafeyette, Indiana. 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 Plaintiff may have the right to request that the Court require the parties to participate in Counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Robert S. Martens, urges this Honorable Court to enter a Decree of Divorce. COUNT II - CUSTODY 9. Plaintiff seeks periods of partial custody of the following children: Name Present Residence Age Zoe Taylor Martens 3608 Dwayne Ave 15 (DOB: 2/5/1993) Mechanicsburg, PA Noah Wayne Martens Aidan Charles Martens 3608 Dwayne Ave Mechanicsburg, PA 3608 Dwayne Ave Mechanicsburg, PA 10. During the past five (5) years, the children have resided with the following persons and at the following addresses: Persons Defendant Parties 11. separated. 12. separated. 13. Address 3608 Dwayne Ave Mechanicsburg, PA 3608 Dwayne Ave Mechanicsburg, PA 10 (DOB: 7/23/1997) 6 (DOB: 7/27/2001) Dates May 2007-present Prior 5 years The Mother of the children is the Defendant. She is currently married but The Father of the children is the Plaintiff. He is currently married but The relationship of the Plaintiff to the children is of father. The Plaintiff is currently incarcerated but on work release. He anticipates being released in March of 2008. 14. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with herself and the minor children, at the above referenced address. 15. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the children in this or another Court. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of the Commonwealth or any other state. 17. 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. 18. The best interest and permanent welfare of the children will be served by granting the relief requested because father desires to reestablish a relationship with the children. Prior to incarceration, father was actively involved in the lives of the children and reunification would be in their best interests. 19. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Robert S. Martens, requests the Court to award the parties shared legal custody of the children, award Mother primary physical custody and award him periods of partial custody of the children. Respectfully s NEALON GOWER $1 AR By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 r_.>iiCF VERIFICATION t, Roberts, Ma ens, verify that the statements made in the foregoing Complaint ere true and correct. I understand that false statements herein are made subject to the penalties of 16 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Robert S. Martens Dated: 1 1 /a J. 1 F I i L C I.. J r-? .x. <,_ i ROBERT S. MARTENS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARIA C. MARTENS DEFENDANT 2008-615 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 28, 2008 at 9:30 AM 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/ John Mangan,- Jr., 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 S sC 93390OZ ???C? 4 ; s GL i dHl jo 301 l-? 0 ROBERT S. MARTENS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-615 CIVIL TERM MARIA C. MARTENS, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Maria C. Martens, for purposes of her custody matters in the above captioned case. Respectfully submitted, Jp,sAica ffolst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: V `? /' ROBERT S. MARTENS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-615 CIVIL TERM MARIA C. MARTENS, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Maria C. Martens, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Date: J O y JeAkdHolst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 T' y r7i n f--" sus ., rn } ROBERT S. MARTENS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. o106%- MARIA C. MARTENS, : DIVORCE/CUSTODY ACTION DEFENDANT AFFIDAVIT OF SERVICE 1, :Z- :2= ,-. , do hereby certify, subject to the penalties of 18 Pa. C. S. Section 4904, relating to Unsworn Falsification to Authorities, that I am a competent adult and that on the /(_ day of 2008, at about ?/112 o'clock a.m. served true and correct copies of the following documents in the above-captioned matter: A Complaint for Custody/Divorce and attached Order of Court in the following indicated manner: eby personally handing said copies to and leaving same with the said Maria Martens at 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania, 17050. by personally handing said copies to and leaving same with the following named adult member at 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania, 17050. by leaving said copies at the last known address of the ultimate recipient, said last known address at the following location: 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania, 17050 and said copies being specifically placed at : r By: TO BE FILLED IN BY PERSON ACCEPTING I : Received the herein described documents on ?- (Date) Signature: Date Received: JR. s t ;P ?G a? az aooa;#I" 1 ROBERT S. MARTENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-615 CIVIL ACTION LAW MARIA C. MARTENS, IN CUSTODY Defendant ORDER OF COURT AND NOW this Iy* day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Robert S. Martens, and the Mother, Maria C. Martens, shall have shared legal custody of Noah W. Martens, born 07/23/1997 and Aiden C. Martens, born 07/27/2001. The parties shall have an equal right to make all major non-emergency decisions affecting these Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to these Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The Mother, Maria C. Martens, shall have sole legal custody of Zoe T. Martens, born 02/05/1993. Father shall be entitled to all records and information pertaining to this Child including, but limited to, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: a. Commencing the first weekend Father is released from his judicially mandated restrictions, Father shall have partial physical custody of Noah and Aiden every other weekend from Friday 6:00 pm until Sunday 6:00 pm supervised at paternal grandparents' residence. Father or paternal grandparents shall pick up Noah and Aiden on Friday at Mother's residence and Mother shall pick up the boys at paternal grandparents' residence on Sunday. The exchange locations shall be at either Mother's or paternal grandparents' residences, unless otherwise mutually agree upon. It is specifically directed that any custodial periods with the Children takes a subservient position to any medically necessary procedure/appointment for the Children. b. Once Father is released from his judicially mandated restrictions, Father shall have visitation with Zoe T. Martens one evening per week from 5:30 pm until 7:30 pm in a neutral public location. Father shall notify via email Mother of his desired visit forty eight (48) hours QF THE FROTH(O fOTAPY 2008 APR 14 AID 11: 15 RFN(`!SYLVA"J, ,1 prior to his visit. Consideration shall be afforded to Zoe's school and extra-curricular activities to the extent possible. Mother shall provide all transportation for Zoe's visits with the Father. No other third party shall participate in these visits besides Father. c. Father shall additional periods of physical custody with the Children as mutually agreed upon. 3. Mother shall have two non-consecutive weeks of vacation with the Children per year. Father shall have two non-consecutive weeks with Noah and Aiden per summer break. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 4. Holidays: Holidays shall be arranged as mutually agree upon. In the absence of agreement, the parties shall abide by the schedule as attached, with the understanding that Father's holiday custodial time shall only involve Noah and Aiden. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: .AJames Nealon, Esq. ,Jessica Holst, Esq. ?John J. Mangan, Esq. t,?$ rn3t CFd`_ y ??/off 1 HOLIDAYS AND SPECIAL DAYS - TIlVIES EVEN YEARS ODD YEARS Easter Da F Half Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 pm until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father ROBERT S. MARTENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-615 CIVIL ACTION LAW MARIA C. MARTENS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Zoe Taylor Martens 02/05/1993 Primary-Mother Noah Wayne Martens 07/23/1997 Primary-Mother Aiden Charles Martens 07/27/2001 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on February 28, 2008 with the following individuals in attendance: The Mother, Maria C. Martens, with her counsel, Jessica Holst, Esq. The Father, Robert S. Martens, with his counsel, James Nealon, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo angan, Esquire C tody Conciliator ROBERT S. MARTENS, PLAINTIFF v. MARIA C. MARTENS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 DIVORCEICUSTODY ACTION MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 16 day of kJ2GP h&- , 2008, by and between MARIA C. MARTENS (hereinafter called "Wife") and ROBERT S. MARTENS (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on June 23,1995; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone, shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT MARITAL DEBTS. Claims may be made against the parses in the future for deficiency balances on certain joint marital debts, including, but not limited to, a loan on a 2004 Toyota Prius. If any such claims are made for joint marital debts, the parties agree to be jointly responsible for the obligations. This paragraph only applies to obligations in the name of both parties. As the obligations solely in the name of one party or the other, paragraphs 3 and 4 above apply so that the party whose name the obligation is in will be solely responsible for the debt. 6. DIVISION OF PROPERTY. The parties are the joint owners of a 1998 Dodge Grand Caravan. There is no loan on the vehicle. The parties agree that it shall become the sole and separate property of Wife. Husband will sign any documents to effectuate the transfer of ownership. Wife shall be solely responsible any repairs, maintenance, insurance and registration fees for the vehicles. 2. During the course of the marriage, the parties acquired the property know as 3608 Dwayne Avenue, Mechanicsburg, PA 17055. The property is currently encumbered by a first mortgage and a home equity line of credit. Within 90 days of the execution of this agreement, Wife shall either (a) refinance the first mortgage and home equity line of credit so as to remove Husband from the obligation or (b) list the property for sale. If Wife chooses to refinance the mortgages, at the time of the refinancing, Husband shall execute a quit claim deed conveying all right, title and interest to Wife. The property thereafter shall become the sole and separate property of Wfe. If Wife shall choose to sell the property, Wife will retain all of the net proceeds from the sale. Husband shall cooperate in the sale and execute any documents necessary to effectuate the sale. 3. Wife shall be solely responsible for all mortgage payments, taxes, insurance, repairs, maintenance, utilities or other costs associated with the property. Wife will indemnify and save Husband harmless from any and all claims related to the property. 4. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 7. INCOME TAX. The parties have previously filed joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment or any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. 8. ALIMONYISPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties 9. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 10. FINANCIAL DISCLOSURE. The parties have fully disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 11. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint instituted by Husband docketed to No. 2008-615, Court of Common Pleas of Cumberland County, Pennsylvania. 12. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 13. ADDITIONAL INSTRUMENTS. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which ahs been requested by the respectively. Both parties acknowledge that they have had the advice and benefit of counsel in entering into this Agreement, or waive the right to do so. 15. 1W11 AIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now 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 martial relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 16. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the orlandoparties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, Aosts, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 18. MODIFICATIONS AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 19. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 20. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division- distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witness ROBERT S. MART NS t, , 0- -nQkQ1 MARIA . MAR NS .-r-5 7 T-1 ?' ry 'rl .. Li. ROBERT S. MARTENS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-615 MARIA C. MARTENS, : DIVORCE/CUSTODY ACTION DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 28, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 herein are made subject to the penalties of 18 Pa.C.S. § 4804 relating to unsworn falsification to authorities. DATE:_ 4 ROBERT S. MARTEN C? -; ; M F Fri ROBERT S. MARTENS, PLAINTIFF v. MARIA C. MARTENS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 DIVORCEICUSTODY ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND 6 3301(d) OF THE DIVORCE CODE 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. 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. § 4904 relating to unsworn falsification to authorities. DATE: ve d f 9z ROBERT S. MARTEN d t ? ` ? . +If ` ?, ? ...? ? ^- .?"' -r! ? j ? , + .--• _. . =? r? ROBERT S. MARTENS, PLAINTIFF v. MARIA C. MARTENS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-616 DIVORCEICUSTODY ACTION 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 28, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. C DATE: kin J MA C. M RT ' C5 ROBERT S. MARTENS, PLAINTIFF v. MARIA C. MARTENS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-616 : DIVORCEICUSTODY ACTION WAIVER OF NOTICE QF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND 6 3301(d) 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. 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. § 4904 relating to unswom falsification to authorities. DATE: ?//?/o MARIA C. MA EN ?? f ? > _r? ? ? --s? ?s? , ? - r .r-? i? _?, ti. ? ? ;.? ,.. . ROBERT S. MARTENS, PLAINTIFF V. MARIA C. MARTENS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 : DIVORCE/CUSTODY ACTION PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Personal Service on February 16, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff. February 26, 2009; by Defendant, February 18, 2009. 4. Related claims pending: All economic claims have been settled by written Agreement dated December 10, 2008. 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: March 9, 2009. 6. Date defendant's Waiver of Notice was filed with the Prothonotary: March 9, 2009. Respectfully submttte NEALON LA 1 , PC//' :.1 1 By. 0 - 3 a? James G. Nealon, III, Esquire Attorney for the Plaintiff Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 . -I _e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. MARTENS V. MARIA C. MARTENS No. 2008-615 DIVORCE DECREE AND NOW, zao7 , it is ordered and decreed that ROBERT S. MARTENS , plaintiff, and MARIA C. MARTENS bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By the Court, Att f: J. rothonotary oq t ~~ GOLDBECi{ McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75424 Plaint vs. ROBERT MARTENS Mortgagor and Real Owner 3608 Dwayne Avenue Mechanicsburg, PA 17050 Defendant Term No. 0$ •.301.(0$ ~fl ~{R NAflE ~z~<< "'~exrt NOTICE 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 the 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 aze warned that if you fail to do so the case may procced without you and a judgment maybe entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the PlaintifL You may lose money or property or other rights important to you. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ~ ~,, ;' LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ' ~, s ROBERT S. MARTENS, IN THE COURT OF COMMON PLEAS PlaintiffiPetitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-615 _ MARIA C. MARTENS, :CIVIL ACTION -LAW ~ ° t IN DIVORCEICUSTODY ACTI o d t/R f d D ~ _~.,, rn~ en espon an e en r*~ n a ; r- ,. . -,, ~ D c'» PETITION FOR. SPECIAL RELIEF PURSUANT c~ ,,,~ a~ TO Pa. R.C.P. 1920.43 AND 23 Pa. C.S. &3323 v c~ ~ x ~ (ENFORCEMENT OF MARITAL SETTLEMENT AGREEMEN'k~fc ;- °~~ .- ~ ~ y, :r~ AND NOW COMES, the Petitioner, Robert S. Martens, by and through hiss alto°rnep~ Timothy J. Colgan, Esquire, of Colgan Marzzacco, LLC, and files the instant Petition to Enforce Marital Settlement Agreement, and in support thereof, avers as follows: 1. Plaintiff is Robert S. Martens, (hereinafter "Petitioner") who currently resides at 645 N. Mount Joy Street, Elizabethtown, Pennsylvania 17022 2. Defendant is Maria C. Martens, (hereinafter "Respondent") who currently resides at 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania 17050. 3. The parties hereto were formerly Husband and Wife having been divorced on April 1, 2009 by the Honorable Kevin A. Hess. Additionally, Judge Hess entered a Custody Order in this matter on April 14, 2008. Aside from the Custody Order and Divorce Decree, no judge has previously ruled in this matter. 4. The parties executed a Marital Settlement Agreement on December 10, 2008. A copy of the Marital Settlement Agreement is attached hereto as Exhibit "A". 5. Pursuant to paragraph 6.2 of the Agreement, the marital residence located at 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania 17050 was to be retained by Respondent. Furthermore, within ninety (90) days of the execution of the Agreement, Respondent was to either refinance the first mortgage and home equity line of credit so as to remove Petitioner from the obligation or, if unable to refinance the property, list the property for sale. 6. Additionally, pursuant to paragraph to 6.3 of the Agreement, Respondent was to be solely responsible for all mortgage payments, taxes, insurance, repairs, maintenance, utilities or other costs associated with the property. 7. Petitioner has recently been served with notice of a Mortgage Foreclosure Action related to the marital residence. The Complaint in Mortgage Foreclosure indicates that Respondent has failed to make any payments related to the property since December 1, 2007. A copy of the Mortgage Foreclosure Complaint is attached hereto as Exhibit "B". 8. Petitioner has only recently become aware of the Mortgage Foreclosure Action because the Plaintiff in the Mortgage Foreclosure Action was unable to serve him with the Mortgage Foreclosure Compliant. 9. Paragraph 12 of the parties' Marital Settlement Agreement states, "If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively." 10. Paragraph 18 of the parties Agreement states, "A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver of any subsequent default of the dame or similar nature." 11. Respondent's breach is causing significant and irreparable financial harm to the Petitioner. 12. In order to remedy the situation, the property must be immediately readied for sale and listed for sale. 13. In order to appropriately evaluate the condition of the house, the Petitioner must have access to the house for purposes of inspecting the house and determining what, if any, repairs or improvements need to be made to the property in order to ready it for sale. 14. If the condition of the property is such that the property must be vacant in order to make the required repairs or improvements, Petitioner seeks to have the Respondent excluded from the property. 15. The Pennsylvania Divorce Code 23 Pa. C.S. §3323(f) allows the Court to grant the relief requested herein. §3323(f) states: (f) Equity Power and Jurisdiction of the court. In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 16. Pursuant to Pennsylvania Rule of Civil Procedure 1920.43, at any time after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a),(c),(d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. 17. Respondent is not represented in this matter by counsel and therefore, no concurrence has been sought or obtained. WHEREFORE, Petitioner,' Robert S. Martens, respectfully requests this Honorable Court to: a. Provide access to the property at 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania 17050 to the Petitioner for purposes of inspecting the home and determining what, if any, repairs or improvements need to be made to the property; and b. In the event that the property must be vacant in order to make the necessary repairs or improvements, issue and Order excluding the Respondent from the property; and c. Order and Direct the Respondent to immediately cooperate in listing the property for sale; and d. Order the Respondent to cooperate in a short sale process, if necessary; and e. Order Respondent to pay Petitioner's attorneys fees, costs and expenses resulting from the preparation, filing and litigation associated with this matter; and £ Grant such other relief as the Court deems appropriate and just. Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy J. o gan, quire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Datedj~ ~~"~o ~~ ROBERT S. MARTENS, Plaintiff/Petitioner vs. MARIA C. MARTENS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 CIVIL ACTION -LAW IN DIVORCE/CUSTODY ACTION VERIFICATION I, ROBERT S. MARTENS, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ~~ ' ~~ - ~o ~ G~c/ ROBERT S. MARTENS, P titioner ~T t ROBERT S. MARTENS, PlaintifflPetitioner vs. MARIA C. MARTENS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 CIVIL ACTION -LAW IN DIVORCElCUSTODY ACTION CERTIFICATE OF SERVICE I, Timothy 3. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage pre-paid as follows: Maria C. Martens 3608 Dwayne Avenue Mechanicsburg, PA 17050 Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy J. CoII-gan, Esquire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated1o~~~-ta ROBERT S. MARTENS, PLAMITiFF v. MARIA C. MARTENS. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANUI N0.200f3"615 DIVORt~JCUSTODY ACT10N THIS AGREEMENT, made this ~ day of ~Ce~t6~" ,2008, by and between MARIA C. MARTENS {hereinafter called "WNe") and ROBERT S. MARTEN8 (heretnaf ter Calved 'HUSband7. WITNESSETH: WHEREAS, Husband and Wife were married on June 23, 1995; and WHEREAS, the parties hereto desire to fiix and determine by this Marital Settlement Agreement the rights and daims that have accrued to each of them in the estate and neat and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, rrreirrbenarwe, alimony payment of counsel lees and equitable distribution and th accept the provisions of this Agreement in lieu of and in full discharge, settlement anti satisfaction of ail such rights and daims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, eadj intending to be legally bound hereby, the parties agroe as follows: 1. SEPARATION. It shah be lawful for each party at ail times hereafdar to live separate and apart !rom the other party at such place as he or she may from time to time choose or deem frt. The foregoing provisions shalt not be talren as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart 2. ~ITEi~~. Each party shall be free from interference, authority and contact by the ocher, as fullhr as 'rf he or she were single and Y1 ~~ ~C.. ~ -. ~~ ; unmarried except as may be necessary to carry out the provisions of this Agreement. 3. MIIFES DEBTS. Wife represents and warrants to Husband that as of the datie of separation she has not incurred, and in the future she will not contrail or incur, any debts or liability for which Husband or his estatie might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and chsrSe accounts presently in Wife's name alone, shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees th indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HUSBAND'S DEBTS.. Husband r+epnesents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contrail or incur, any debts or liability for which Wife or her estate might be responsible and shalt indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obi~ations incurred by him. Any and ail loans, and/or debts and charge a presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless vVife from any lass she may sustain, including attamey fees, as a result of any default in payment by Husband. 5. JOll~j MARITAL DEBTS. Claims may be made against the parties in the future for deficiency balances on certain joint marital debts, including, but not limited to, a loan on a 2004 Toyata Prius. if any such claims are made for joint marital debts, the parties agree to be jointly responsib~ for the obligations. This paragraph only applies to obligations in the name of both parties. As the obligations solely in the name of one party or the other, paragraphs 3 and 4 above apply so that the party whose name the obligation is in wits be solely responsible for the debt. s. DnnsloN of ~ttoPER~lnr. The parties are the joint owners of a 1998 Dodge Grand Caravan. There is no loan on the vehicle. The parties agree that it shall beoorr~e the sole and separate property of Wife. Husband will sign any documents to effectuatie the transfer of ownership. Wife shah be solely responsible any repairs, maintenance, insurance and registration tees for the vehicles. ,' 2. During the course of the marriage, the panties acquired the property know as 3608 Dwayne Avenue, Med~anicsburg, PA t 7055. The property is curruently encumbered by a first rrwrtgage and a have equity line of credit. Within 90 days of the execution of this agreemen#, Wife shall either (a) refinance the fret rrwrtgage and bane equity line of credit so as do rerrwve Husband from the obligation or (b) list the property for sale. if Wife chooses to refinance the mortgages. at the time of the refinanang, Husband shall execute a quit daim deed conveying all right, title and interest to Wife. The property thereafter shall become the sole and separate property of Wife. If Wife shai! cl to sell the property, Wife wiN retain ail of the net proceeds from the sale. Husband shall cooperate in the sale and execute any documents necessary to effectuate the sale. 3. Wife shall be solely responsible for ati mortgage payments, taxes, insurance, repairs. maintenance, utilities or other costs associated with the property. Wife will indemnify and save Husband harmless from any and aft daims related to the properly. 4. Other property. The parties agree that they have diwde~! all other sepsra#+e and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not speafrcaUy addressed herein shaA be owned by the partyy to whom the properly is titled, and if untitled, the party in possession. This Agreement shaA oonstitufie a suffiaent bill of sale to evidence the transfer of any and aN rights in such properly from one bo the other. Each party hereby waives any and ail daims to the property of the other that is either titled in the name of the other party or in the other party's possession. 7, INCOME TAX. The parties have previously filed joint federal and state tax returns. Both parties agree that in the event of any defidency in federal, state or local income tax is proposed or any assessment of any such taxes made against either of them, each will indemnity and hold harmless the other from and against any toss or liability for any such tax defidency or assessment ar eny interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shag be paid solely and entirely by the individual who is finely determined to be cause of the misrepresentations ~or faikue to disclose the nature and extent of his or her separate income on the foresaid joint return. 8. AL n3P4Ul~-L Ste. Both parties agree to make no daim for alimony, alimony pendants lite, spousal support or any daim for separate maintenance now or at ahy future time, or in connection with the pending dlVOfce adioh between the parties 8. COUNSEL FEES. Husband and Wife agree to be solely responsible Tor payment of his or her attorney Tees in connection with this Agreement and the pending divorce action between the parties. 10. FINANCIAL DISCLOSURE. The parties have Tugy disclosed to each other and they are aware of the extent of each other's income, assets, IiaW'lities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to se# aside said Agreement, or to defiend against its enforoement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 11. NO-FAULT Q,~,YORCE. Both parties agree to execute an Affidavit flf Consent and Waiver of Notice of intention to Request Entry of a Divorce Decree to faalitate entry of a divorce dea+ee pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the dnrorce Complaint instituted by Husband docketed to No. 200815, Court of Common Pleas of Cumberland Courrty, Pennsylvania. 12. @$~j, If either party breaches any provisions of this Agreement, the other party shag have the right, at his or her ekk~on, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectivey. 73. ADDITIONAL INSTRUMENTS. Each of the parties shall from fame to time, at the request of the other, execute, acknowledge, and deliver to the other party any and aq further instruments, including Deeds and other real estate-related documents, titres, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreemerrt. 14. VQLUNTARY EXECUTION. The provisions of this Agreemeni have been read by the Parties. Each party admkrwiedges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into vduntariy, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating #o the frnanaal affairs of the other, which ahs been requested by the respeafively. Both parties admowledge that they have had the advice and benefit of counsel in entering into this Agreement, or waive the right to do so. 15. l~A., IVER QF CL/~~8 AGAfi~IST ESTATE. Except as Herein otherwise provided, eac~r party may dispose of his or her property in any way, and each party hereby waives and rewnquishes any and ao rights he or she may now or hereafter acquire, under the present or future Laws of any jurisdiction, to share in the property or the Mate of the other as a result of the nrartiai relationship, inducting, without bmiCation, dower, courtesy, statutory aNowance, widow's aNowanoe, right to take property against the Will of the other, and the right to act as administrator or execxrtor of the other's estate, and each wilt, at the requRSt of the other, execute, admowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 1 S. INCORPORAT~QN OF AGREEMENT FOR ENF,~tCEMENT. This Agreement shelf bind the parties hereto and their respective heirs, execxrtors, administrators, legal repreceMatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement In the event that a Oecree of Divorce is er~eted in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Deuee of Divorce is enfier+ed in any other jurisdiction, the oriandopartres agree to inoorporafie this Agreement in the Divorce Decree for purposes of enforcement. It is the spedfrc intent of the parries to be bound by the provisions hereof in lieu of any other claim or order of support, maindenanoe, alimony, equitable distribution, oour>sel flees, ~»sts, mainfienance of insurance, equitable relief or property settlement or with nsgard to any other provisions hereof. In the event that arty final order of court is entered in any jurisdiction with respect to the parties hereto -which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shalt be relieved or adjusted to the extent necessary to conform to this Agreement. 17. F`NTtR AGREEMENT. This Agreement cx~ins the entire understanding of the parries, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 18. FICA'TJOI~S AND WAVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and execxrted with the same formality as this Apr~eerneM. The failure of either party to insist upon stria pertormance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 4 _-__. 19. DESCRtN'TtVE HEAQINGS. The descriptive headings used herein are #or convenience only. They shall have no effect whatsoever in determining tta' rights or obligation of the parties. 20. IjiREVOCABILITY. It is understood and agned to by ar~d between the respective parties herefio that the properly division-distributors eff®c~d by the herein Agreement is IRREVOCABLE and that such division- distribution shad not be affecfied by any suture change in arctxnatanoes of the respective parties OR by other statuEory or judicial alternatives which may be available to the respective parties under prior, current or future taws of the t,,ommonweaHh of Pennsylvania or any other jurisdiction. Except as provided herein, tt-e parties hereby waive any resQec~ive rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, curnent or future taws or case deasions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~12"v~ , Witness ROBERT S. MAR NS 1. MARIA . MA NS i a ~~ G4LDBECi{ McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER ?Ol MARKET STREET PHILADELPHIA, PA 19106 (86b) 413-2311 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plainti,,~" vs. ROBERT MARTENS Mortgagor and Real Owner 3608 Dwayne Avenue Mechanicsburg, PA 1 ?050 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE NOTICE Tenn No, 08 - 3~.to8 ~E~~A©E 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 a$er the Complaint and notice aze 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 maybe entered against you by the Court without further notice for any money claim in the Complaint of for any ether claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 s <~ ,~, r ;, AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE US3'ED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AViSO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ? 17-243-9400 Cz~-t ~tx'!1 ~ Y RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDiR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DiNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TEL$FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEER~ CON INFORMACIbN DE CbMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, $STA OFICINA PUEDE FROVEER]~ iNFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIItM_IS A DF_,,,~T COLLECTOR AND WE ARE_ ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT ANY IN1F'ORMATION OBTAINED FROM YOU WILL BE USED FOR TAE PURPOSE OF COLLECT~IG THE DEBT Resources available for Homeowners in Foreclosure ACT NOW? Even though your lender (and ow client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following nwnbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-9$9-2227 for free counseling. 3}. Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn•J/www h~fa org(consumers/homeowners/real asQx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation yr Home Retention options. 6). Call or contact ow office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout !Home Retention Package. Call our toll free number at 1-8b6-413-231 i or via email at homeretentionta~goldbecktaw.corn. Call Seth at 215-825-6329 ar fax 215-$25-6429. The figure andlor package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our fian's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference ow Attorney File Number of 66335FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. ~ F h ~ ~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is ROBERT MARTENS, 3608 Dwayne Avenue, Mechanicsburg, PA 17050, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On October 07, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1777, Page 3555.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit «A„ («Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for December O1, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$138,189.85 Interest from 11/01/2007 through 05/01/2008 at 6.3750% .......................$4,415.78 Per Diem interest rate at $24.13 Reasonable Attorney's Fee ai 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,909.49 Late Charges from 12/01 /2007 to OS/01 /2008 .............................................$263.76 Monthly late charge amount at $43.96 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $204.65 $150,910.41 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriil's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was dischazged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. .~- ,~ ~+~ 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached. hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintif~'has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a d~ terns judgment in mortgage foreclosure in the sum of $150,910.41, together with interest at the rate of $24.13, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF ~~, ~ ~ r VERIFICATION Dana Mosley as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint aze true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Dana Mosley, Asst. ice Pre id nt 3608 Dwayne Avenue Mechanicsburg, PA 17050 -ROBERT MARTENS Where Every Clier>tt Matters THE IAW OFFICES OF COLGAN MARZZACCO LLC Email: tcolgancQcmlawl.com Direct Fax: 7I7-432-7232 October 14, 2010 Cumberland County Courthouse Office of the Prothonotary One Courthouse Sqaure Carlisle, PA 17013 Re: Robert S. Martens v. Maria C. Martens Docket No.: 2008-b15 Dear Prothonotary: Enclosed herein please find the following items to be filed within your office. They are as follows: 1. One (1) original and four (4) copies of a Petition for Special Relief Pursuant to Pa. R.C.P. 1920.43 and 23 Pa. C.S. §3323 (Enforcement of Marital Settlement Agreement); and 2. One (1) original and four (4) copies of an Entry of Appearance. Please file the originals and return the additional time-stamped copies to our office in the envelope provided. Thank you for your anticipated cooperation. Very truly yours, COLGAN MARZZACCO LLC by Timothy 3. olgan TJClss Enclosures S: ICiientslCOLGANIMARTENS, ROBERT SlProthyl014/O.docx David E. Hershey Thomas M. Clark Shawn M. Curry Timothy J. Colgan Christopher J. Marzzocco 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • P: 717-502-5000 • F: 717-502-5050 • Toll Free: 1-800-615-0115 • www.cmlawl .com y s : Offices in DiUsbdrg, York, Harrisburg, Scranton Area c ROBERT S. MARTENS, Plaintiff vs. MARIA C. MARTENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 CIVIL ACTION -LAW IN DIVORCE/CUSTODY ACTION ENTRY OF APPEARANCE Kindly enter the appearance of Timothy J. Colgan, Esquire of COLGAN MARZZACCO, LLC, for Plaintiff, Robert S. Martens, in the above-captioned matter. Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy J. an, uire Attorney 1 # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: l Q'l 3 ~~ o c-~ ~ -rt ~ - -~ ~~ ~ ~~ ~,- p ,~ ~ ao o~ ~Z 2p Z~ 3 p~ ~ vz '' v .-.+ -C cn ~ -< --~- f'"~~'` ~~ pCT 19 2010 ROBERT ~. MARTENS, Plaintiff/Petitioner i vs. ~, MARIA C MARTENS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 CIVIL ACTION -LAW IN DIVORCE/CUSTODY ACTION RULE TO SHOW CAUSE ANID NOW, this ~? day of Di/e ,6-~-- , 2010, a Rule is hereby issued upon Respondent, Maria C. Martens, to show cause why the attached Petition for Special Relief Pursuant to Pa. R.C.P. 1920.43 and 23 Pa. C.S. §3323 should not be granted. RULE RETURNABLE 2 o DAYS FROM SERVICE. BY THE COURT: ~~ J. Distribution: ,/T~ thy J. Colgan, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 aria C. artens, 3608 Dwayne Avenue, Mechanicsburg, PA 17050 1, ~~t~` ~ ~ a -*7 ~~ ~ ~~ r^ ~~, o ~,~ s-- z --+© Dn ~ ~~ y-,c ~ °~ ~ D '~ o ~ -G ~ ROBERT S. MARTENS, Plaintiff vs. MARIA C. MARTENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-615 CIVIL ACTION -LAW IN DIVORCE/CUSTODY ACTION CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I am this day serving a copy of the Rule to Show Cause dated October 19, 2010 upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Maria C. Martens 3608 Dwayne Avenue Mechanicsburg, PA 17050 Date: /a ~ 2'~0 Timothy J. quire <- ~ ~ --~ = ~ -+ ~ ~C"~ ~ ~ ~~ ~~Z ~J "i'] ~ p~ ~. ~ ~ ...: ~i ~ ~ ~ W -~ r„ ROBERT S. MARTENS, Plaintiff vs. MARIA C. MARTENS, Defendant TO PLAINTIFF NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-615 IN DIVORCE / CUSTODY ACTION NOTICE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: I ID "j a (_ _ ?w IZ? Samuel L. An es Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 ROBERT S. MARTENS, ) Plaintiff ) VS. ) MARIA C. MARTENS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-615 IN DIVORCE / CUSTODY ACTION DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer, with New Matter, to Plaintiff s Petition: 1 through 4. Admitted. 5. Admitted with clarification. The averments set forth in Defendant's New Matter are incorporated herein by reference. 6. Admitted with clarification. The averments set forth in Defendant's New Matter are incorporated herein by reference. 7. Denied. Defendant does not know when Plaintiff was served with the mortgage foreclosure document, because that information is within the exclusive control of the Plaintiff and Defendant, therefore, denies the averments and demands proof thereof at trial. By way of further answer, Defendant incorporates herein the averments set out in her New Matter by reference. 8. Denied for the reasons set forth in the Answer to Paragraph 7 above. 9. Admitted. By way of further answer, Defendant incorporates herein by reference, the averments set out in her New Matter. 10. Admitted. 11. Denied as stated. Defendant denies that she has breached the parties "Property Settlement Agreement." The averments set forth in Defendant's New Matter are incorporated herein by reference. 12. Denied as stated. For the reasons set forth in her New Matter, Defendant does not believe that the situation can be corrected at the present time and that the problems were caused more by Plaintiff than by her. Defendant incorporates herein by reference, the averments set out in her New Matter. 13. Denied. A real estate agent selected by the parties can properly determine what, if any, improvements need to be made to the property to prepare it for sale. It is not necessary for Plaintiff to enter the home for that purpose. The averments set forth in Defendant's New Matter are incorporated herein by reference. 14. Defendant admits that Plaintiff seeks that remedy but denies that it is appropriate or necessary. The averments set forth in Defendant's New Matter are incorporated herein by reference. 15. Admitted. 16. Admitted. 17. Denied. Defendant is now represented and does not concur in Plaintiffs Petition. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition for Special Relief. NEW MATTER By way of further answer to Plaintiffs Petition, Defendant sets forth the following New Matter: 18. At the time the parties executed the Marital Settlement Agreement in December of 2008, Defendant was not represented by an attorney and did not have the benefit of counsel or the advice of counsel. 19. At the time the Agreement was signed, the mortgage against the residence at 3608 Dwayne Avenue was in serious default because payments had not been made on the mortgage for many months. 20. The payments have not been made because, during that time, Plaintiff was incarcerated because of criminal prosecution for theft and related crimes. 21. Prior to his conviction which resulted in the incarceration, Plaintiff had plead guilty to sexually assaulting the parties' daughter who was then age 12. 22. Because of Plaintiffs incarceration, the family did not have the funds required to make mortgage payments. As a result of that failure, the mortgage-holder commenced its action in foreclosure in the summer of 2008, approximately six months before the parties signed the Marital Settlement Agreement. 23. At the time she executed the Marital Settlement Agreement, Defendant was not aware of the impossibility of her refinancing the mortgage against the property because of the default on the mortgage and the adverse effect on her credit rating because of that default. 24. In December of 2008, the balance owed on the first mortgage against the property and the balance owed on a home equity loan which was a second lien on the property exceeded the fair market value of the property. 25. As a result of the debts against it, the sale of the property in 2009 would not have generated sufficient funds to satisfy the mortgage and the home equity loan. That fact made the property almost un-sellable in the real estate market as it existed in 2009. 26. Plaintiff was aware of the status of the divorce and the other problems relating to liens against the property because of several agreements and arrangements which Plaintiff and Defendant reached with a "work out" counsel for the mortgage company. As a result of those arrangements, the mortgage company agreed to accept reduced monthly payments for a period of time to give Plaintiff and Defendant the opportunity to recover financially so they could resume payments on the mortgage and preserve their ownership of the property. 27. The agreements with the mortgage company's work-out department ended in December of 2009 or January of 2010, at which time the mortgage company demanded a substantial payment on the arrearage owed on the mortgage. Defendant was not able to make that payment and Plaintiff did not make it either. 28. The residence at 3608 Dwayne Avenue is occupied by Defendant, her boyfriend, and the three children of Plaintiff and Defendant. One of those children is the minor daughter who was sexually assaulted by Plaintiff sometime prior to 2008. 29. For the security of her family, and particularly her daughter, Defendant does not want Plaintiff present in the residence at any time when the children are present. 30. Defendant is willing to cooperate in efforts to sell the house. She is willing to allow a real estate agent to inspect it and determine what, if any, improvements must be made to list the house for sale. 31. Defendant is willing to cooperate in further negotiations with the mortgage company and the other lender in an effort to arrange a sale of the property that would satisfy those lenders and terminate the liability of the parties on those debts. 32. At the present time, Defendant has no place else to live with herself and her three children. She needs a reasonable length of time to find alternate housing. 33. Until such time as she is able to vacate the residence at 3608 Dwayne Avenue, with the children, she does not want Plaintiff present in the home or in the presence of the children. 34. The financial difficulties which the parties are experiencing in regard to the house are largely a result of Plaintiffs illegal conduct and his financial irresponsibility. As a result of his incarceration and the interruption of the family's income, Defendant was not able to refinance the mortgage. As a result of the failure to make mortgage payments for a year prior to the date the marital settlement agreement was signed, the liens against the property exceeded its value, making its sale a practical impossibility. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition, in the alternative, to direct the parties to list the property for sale with a real estate office mutually satisfactory to both of them and to exclude Plaintiff from the residence until such time as the Defendant and the parties' minor children vacate it. ,-G Jr el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). 9- Date: 1 l a D MARIt C. MAItTENS