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Home My WebLink About08-4853LACEY M. PALMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V& NO. 1,9t zlr5? RANDY B. PALMER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY 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 this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LACEY M. PALMER, : IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY, PA VS. . NO. RANDY B. PALMER, JR-, : CIVIL ACTION -LAW Defendant . IN DIVORCE AND CUSTODY AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las piginas siguientes, debe tomar acci6n 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 derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lists de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. SI USTED NO RECLAMA PENSI6N ALaffiNTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA MEITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAREL 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LACEY M. PALMER, vs. Plaintiff RANDY B. PALMER, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE COUNTI AND NOW, this day of 2008, comes the Plaintiff, 10 Lacey M. Palmer, by her attorney, Jane M. Alexand , Esquire, and files this Complaint upon a cause of action of which the following is a statement. Plaintiff is Lacey M. Palmer, 22 years of age, who currently resides at 475 Sample Bridge Road, Enola, Silver Spring Township, Cumberland County, Pennsylvania 17025. 2. Defendant is Randy B. Palmer, Jr., 27 years of age who currently resides at 3524 Green Street, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 18, 2004 in Cumberland County, Pennsylvania by a Minister. 5. There was one child born between the parties prior to the marriage: Shawn Kalab Palmer, age 4, born June 8, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, costs and property division. 8. 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. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT U 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III COMPLAINT FOR CUSTODY 15. The Plaintiff seeks primary physical custody and joint legal custody with reasonable visitation for the defendant of the following child, Shawn Kalab Palmer, age 4, born June 8, 2004. 16. The child was born between the parties prior to this marriage. 17. The child is presently in the custody of Plaintiff. 18. The child has resided with the Plaintiff and Defendant and Plaintiff s mother since birth at 475 Sample Bridge Road, Enola, Silver Spring Township, Cumberland County, Pennsylvania 17025. Plaintiff, Defendant, and the child have been moving around and finally settled at 3524 Green Street, Camp Hill, PA 17011 in 2006 and continued to live there until Plaintiff and the said minor child moved back to the Plaintiff s mother's residence at 475 Sample Bridge Road, Enola, Pennsylvania 17025 on February 2, 2008. 19. The relationship to the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff is seeking joint legal custody of the child and primary physical custody for purpose of visitation schedule. 22. The Plaintiff has not participated as a party or witness, or in any other capacity, in other lixiviation concerning the custody of this child in this or any other Court. 23. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 24. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 25. The best interest and permanent welfare of the child will be best served by granting the Plaintiff primary physical custody and joint legal custody with reasonable visitation scheduled to the Defendant. WHEREFORE, the Plaintiff requests your Honorable Court to grant her primary physical custody and joint legal custody of the subject child with reasonable rights of visitation to the Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts. Respectfidly submitted, M. Ale der, nev for lainti I.D. No. 07355 148 South Baltimore Street Dillsburg, PA 17019 (717) 432-4514 Verification I verify that the statements made in this Complaint in Divorce and Petition for custody 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. DATE: i y M. Palmer COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S. Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Lacey M. Palmer who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. M. Paln6er Sworn to and subscribed before me this i fill day of 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nanxmol Alexander, Notary Rb c D11sburg 8oro, York Cw* My Comnxseion Expires Apr. 7, 2010 Member, Penn-ndunnia ASSnriatinn of Notaries g v N Q C-Y < 4J 'rJ "Y a ry OF -%. LACEY M. PALMER, VS. Plaintiff RANDY B. PALMER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUM BERT ALVD COUNTY, PA : NO. 08-4853 Civil CIVIL ACTION -LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this : day of , 2008 personally appeared Jane M. Alexander, Esquire who swears "r to law, that a true and correct copy of a COMPLAINT IN DIVORCE AND CUSTODY was caused to be served by certified mail with return receipt requested upon the said, Randy B. Palmer, Jr. 3524 Green Street Camp Hill, PA 17011 on August 14, 2008 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof orney I.D. #07355 ' 48 S. Baltimore Street illsburg, PA 17019-0421 (717) 432-4514 Sworn and subscribed before me this o?"S day of l%«rto , 2008. Notary Public COMMONWEALTH OF NENNSYLVANIA Notarial Seal Narumol Alexander, Notary Public Dtlsburg Boro, York County My Commission Expires Apr. 7, 2010 Member, Pennsvlvsnip easnciatinn eNr Nrstarier .?;. LACEY M. PALMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA VS. NO. 0"53 Civil RANDY B. PALMER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY PROOF OF STBVICE L PTIFIH) MAIL RE t?:E-W I estic Mail Only; No Insurance Coverage Provide( livery information visit our website at www.usps.com M r df d F $2 70 as .er o ee O . C3 Realm Redept Fee E d t R $2 2 + C ( n orsemen egvlrem . O RWrWW DeMrory Fee (Endorsement Required) $4.30 M1 \i w Y ? C3 Total Postage & Fees .20 C3 aim 10 -W - -- ---------------------5-I ------------------------------------ 3 524, ?- ¦ Complete Rem 1, 2, and 3. Abo oomplete item 4 If Reetdcted DMWery Is desired. ¦ Prtnt your naffm aid address on the feveme so that we can retum the card to you. ¦ Attach this card to the beck of the mdpfece, or on the front M rtpaoe psm>its. 1. Amble Addreeeed to. 3524 C-s-czz ? 5t? wt C&AkQ -Hill, PA t-70t? A. signature X r 0 Agent D Addresses B. R ce)ved by (Rtnted Name) C. Date of Deevery tr.14v AP!'1Jit"te -f 12-140-(s f). is del Aryaddrees deferent from rem 1? D Yes if YEs, eater dewwy address bebw. 0 No 3. Servbe Type 0 C40 Poed Mail O ewre Mee 0 Registered ;F4W= Reoeipt for Merdartdbe 0 Insured Man 0 C.O.D. 4. ReetrecW D*mry? (Fora Fee) Dyes x ArfldeMxnbr 7004 0750 0003 6356 8813 (e?lfwflellr aer?leealleQ n Fa m 3611, Fewurry 2w4 Don"eftia nvann n I-10- toeeeseet>rFttnfo ?? ? = c;, i=? s?-r f -r; f rs ..:? ` C '? ---? W q : ,?; : , --?c LACEY M. PALMER, vs. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. RANDY B. PALMER, JR., Defendant : NO. 0"53 : CIVIL ACTION -LAW : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 4-' day of Qc+U6111- 22008 by and between Lacey M. Palmer of 475 Sample Bridge Road, Enola, Silver Springs Township, Cumberland County, Pennsylvania 17025 (hereinafter referred to as "WIFE") and Randy B. Palmer, Jr., of 3524 Green Street, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "HUSBAND".) WITNESSETH. WHEREAS, HUSBAND and WIFE were married September 18, 2004 in Cumberland County, Pennsylvania. WIFE instituted an action in divorce to No. 08- 4853 in the Court of Common Pleas of Cumberland County, Pennsylvania on August 13, 2008. The pleadings in the case requested dissolution of the marriage between the two parties and for such fizrther relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce and to the custody and support of the child born to the parties prior to the marriage: Shawn Kalab Palmer, age 4, born June 8, 2004. 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, Page 1 of 13 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 intent 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 terms of this Agreement and their effect have been fiilly explained to the WIFE by her counsel, Jane M. Alexander, Esquire. HUSBAND has been advised of his rights to seek counsel of his own and has chosen not to do so. The parties acknowledge that they have received independent legal advice from counsel of their choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent 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, and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter 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 sole 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 Page 2 of 13 other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. DEBTS OF THE PARTIES: It is further mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities: 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. 6.2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. 6.3) Parties acknowledge that there is a dispute for the year 2006. Parties agree that if liability is determined they will each pay one-half ('/z) of the amount due. 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to Page 3 of 13 dispose of same as fully and effectually, in all respects and for all purposes as if he or she were not married. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. 7.2) Household furnishings: The parties have divided the household furnishings to their mutual satisfaction. 7.3) Pensions: Stock options, Retirement funds IRAs: Both parties state that they have no pension accounts of any type. 8. SPOUSAL SUPPORT/ALIMONY: Neither party has or will make any fiuther claim for spousal support and/or alimony. 9. CUSTODY AND CHILD SUPPORT: LEGAL CUSTODY: The parties shall share legal custody of their minor child, Shawn Kalab Palmer, age 4, born June 8, 2004. Each parent shall participate in the major decisions concerning the moral, physical, emotional, medical, education and religious aspects of the child's upbringing. These decisions shall not be made by either parent unilaterally. The parents agree that all decisions shall be made by them jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the child's best interest. Each parent agrees to keep the other parent informed of progress of the child's education and social adjustments. Each parent agrees not to impair the other parent's right to share legal custody of the child. Each parent agrees to give support to one another in their role as parent and to take into account the consensus of the other for physical and emotional well being of the child for the other parent. The parents agree not to attempt to or alienate the affections of the child for the other parent. Each parent shall notify the other of any activity that could reasonably be Page 4 of 13 expected to be significant concern to the other parent. The child will not be barred from contacting the non-custodial parent by telephone. Either parent may, during that parent's physical custody of the child, make decisions required by emergency or sudden illness. Each parent shall immediately communicate to the other the existence of any medical, legal or educational emergency that may occur with respect to the child. Each parent shall also have the duty to immediately contact the other regarding the illness. For purposes of this Order, the word "illness" shall mean disability that confines a child to bed under direction of a licensed physician for a period in excess of twenty-four (24) hours or any serious injury to a child that would require emergency room or other immediate treatment which requires hospitalization. Each parent shall have equal right and access to visit the child if the child is confined to a medical institution, consist with medical advice. If a child is confined a home by reason of illness for a period of more than twenty-four (24) hours, the other parent shall have the opportunity to visit the child. Educational and legal emergencies shall include those situations where there is an imminent threat to a child's well being or any change of the current school or institution. Each parent shall, as soon as practicable, make disclosure to the other of the facts and circumstances pertinent to a child's upbringing and welfare of which that parent has knowledge or notice. Each shall provide the other with copies or duplicate originals of records pertaining to the child, including but not limited to: a. Medical Diagnosis and Treatment; b. Psychological/Psychiatric Diagnosis and Treatment; c. Dental and Orthodontic Records, d. School Records, including Schedules of Events; e. Legal Records. Each parent shall have the right to obtain such records directly from the school, health providers or other entity keeping such records without permission of the other and without further Order of the Court. PRIMARY PHYSICAL CUSTODY Mother shall have primary physical custody of the child with Father having custody Page 5 of 13 for the purpose of visitation under the following schedule; SCHEDULE FOR PARTIAL CUSTODY 1. Alternate Weekends: The Father shall have rights of partial custody of the child on alternate weekends beginning with the weekend of Friday, October 10, 2008 from approximately 4:00 P.M. through Sunday evening at 7:00 P.M. 2. Week Nip-ht Visit: Father shall have rights of partial custody two evenings each week being Tuesday and Wednesday from 4:00 P.M. to 7:00 P.M. If Father is unable to have the visitation, he shall notify Mother at least 12 ours in advance. 3. Alternate Holidays: The parties shall have rights of partial custody on alternate holidays throughout the year. The holidays shall include the New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day. The Father's next holiday shall be Thanksgiving Day 2008, and the Mother's next holiday shall be New Year Day, 2009. The parties shall alternate custody on holidays thereafter. Custody on these holidays shall be exercised from 9:00 A.M. to 7:00 P.M. In the event that a parent who would otherwise have custody of the child during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three-day period. 4. Mother's N Mother shall always have the right of partial custody on Mother's Day. The rights of partial custody shall be exercised by Mother from 9:00 A.M. until 7:00 P.M. 5. Father's Day: Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised by Father from 9:00 A.M. until 7:00 P.M. 6. Easter: The Easter vacation shall be shared as equally as possible, giving consideration Page 6 of 13 to the length of the vacation as determined by the school calendar. 7. Christmas: During Christmas in the even numbered years, beginning in 2008 Mother shall have custody of the child from 4:00 P.M_ on December 24m until noon on Christmas Day, and the Father shall have custody from noon on Christmas Day until 7:00 P.M. on December 26th. In odd numbered years, the schedule shall be reversed. 8. Summer Vacation: Summer is defined by the Court as the first evening following the last day of school and if Friday evening is the last day of school then the last day of school to the Friday evening which concludes the last full week preceding the first day of school. During the summer months the parties shall each have two uninterrupted week of vacation, not consecutive. A week begin at 4:00 P.M. on Friday to 4:00 P.M. the following Friday. Each party shall notify the other of their choice of vacation weeks in writing by June 1" of each year. 9. Holiday Priority The periods of partial custody for holidays, vacations, or other special days set forth in this agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this agreement. Holidays and other special days for custody set forth in this agreement shall take precedence over vacations. TRANSPORTATION The transportation responsibilities shall be divided equally between the parties. At all times, the child shall be secured in appropriate passenger restraint. No person transporting the child shall consume alcoholic beverages prior to or while transporting the child. No person transporting the child shall be under the influence of any alcoholic beverage or controlled substance while transporting the child. LATE EXCHANGE In the event any party is more than 20 minutes late for scheduled custody exchange, in Page 7 of 13 the absence of a telephone call or other communication from the party, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the child. TELEPHONE CALLS Both parties are urged to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent, provided that the phone calls are not excessively frequent, nor too long in duration that they disrupt the child's schedule. Phone calls should be kept to a maximum of fifteen (15) minutes, and a maximum of three (3) calls per week. DISPARAGING REMARKS Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the child from the other parent, their spouse or relative, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. FINANCIAL CARE OF CHILD - CHILD SUPPORT In the event that a significant matter arises with respect to the medical care, education, or financial care of a child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. The custodial parent may seek child support either by agreement of the parties or the filing of a support action in the appropriate Jurisdiction. Page 8 of 1 3 MUTUAL CONSULTATION Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy-two hours (72), and for each person or entity which may provide day care for the child. ILLNESS OF CHILD Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. The term'serious illness' as used herein shall mean any disability which confines a child to bed in for a period in excess of twenty-four (24) hours and which places the child under the direction of a licensed physician. WELFARE OF CHILD TO BE CONSIDERED The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. SMOKE/DRINK Page 9 of 13 Neither party shall smoke in confined area when the child is present and neither party shall permit another person to smoke in a confined area when the child is present. Further, neither party shall use non-prescribed controlled substances or excessively use alcohol while the child is in their custody and control. REMOVAL FROM AREA Neither parent shall transport the child over the state line nor remove to a point more than 100 miles from home of the other parent for any reason without notification to the other parent. Party removing child shall provide to the other parent an address and/or phone number where the child can be reached. MOVING OF RESIDENCE Neither party shall move their place of residence without giving the other party at least thirty (30) days written notice of the new residence. If the new residence is more than 100 miles from the current residence appropriate adjustments in custody, visitation schedules should be made prior to the move. MODIFICATION OF ORDER The parties are free to modify the terms of this agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 10. BANKRUPTCY: The parties hereby agree that the provision of the Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtained a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which the division of the Page 10 of 13 parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 11. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 12. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by WIFE under the no-fault provisions of the Pennsylvania Divorce Act. 13. The waiver or unenforceability of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce any other term, condition, clause or provision of this Agreement. 14. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 15. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Agreement. I7V WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound. Page 11 of 13 WITNESS BY: lainti for COMMONWEALTH OF PENNSYLVANIA : COUNTY OF YORK . S.S. On this, the qt - day of 00d061ellr 2008, before me the undersigned officer, a Notary public, in and for said Commonwealth and County, personally appeared Lacey M. Palmer known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. -COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Narumol Alexander, Noiary Public Notary Public Dillsburg Boro, York County MyCommission Expires Apr. 7, 2010 My Commission Expire: ?, 2010 Member, Pennsvivsnin n--,;on of Notaries Page 12 of 13 fieayMV. P er, Plaintiff COMMONWEALTH OF PENNSYLVANIA : S.S. COUNTY OF YORK On this, the q11- day of OCA'ob-cr 2008, before me the undersigned officer, a Notary public, in and for said Commonwealth and County, personally appeared Randy B. Palmer, Jr. known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. *77NESS my hand and notarial seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA Notarial Seai Narumol Alexander, Notary Pubhr Notary Public Dillsburg Boro, York County My Commission Expires Apr. 7, 2010 My Commission Expire: ? 2,0 t o Member, Pennsylvania Association of Notaries Page 13 of 13 C"7 ?.> = i`"-- _ srti ,,?? ?,., _ _?? t,? _ ? ? ?{ _.,? - ?? :."P.a !+T 4.ti. - ^?. LACEY M. PALMER, Plaintiff vs. RANDY B. PALMER, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 08-4953 Civil CIVIL. ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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: '? y i cey . Palmer :-? ''•°' ;, ? = _ _- ?.? ,-; r ,? _.. ,'-?? - ?? ?.,. '-, . :. 't`j ... `z ?? •?: LACEY M. PALMER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA VS. : NO. 0&4853 Civil RANDY B. PALMER, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unworn falsification to authorities. Date / , ?? ?--20 S x y M. atmer ?:;-? --n ? `?' = ..?.. --a _?w _,.. '. ??. _ , r,?' ?.:; - < C.:. LACEY M. PALMER, Plaintiff vs. RANDY B. PALMER, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 09-4953 Civil CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 13, 2008. 2_ The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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: Xandy ge*Yahfier, Jr. +-' ? r' c . c.?..? "'? ...-l...-! +? { te ? r M? •? M 1•. ..t? ?? '".i(? LACEY M. PALMER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA VS. : NO. 09-4953 Civil RANDY B. PALMER, JR., : CIVIL ACT1ON - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: 4 Ga ? ?? ??y ?dl? Randy B. Paler, Jr. ::? -_? ? ?;-a ' ?: ??w_ :_, e'a7 ;?? ; C:: lr , LACEY M. PALMER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. RANDY B. PALMER, JR., Defendant : NO. 03-4953 Civil : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: was sent certified mail, restricted delivery and was served to the Defendant on August 16, 2008, 3. (Complete either paragraph (a) or (b)) a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff November , 2008 ; by defendant November 2 q , 2008 . b) (1) Date of execution o the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing of the 3301(d) affidavit: (3) Date of service of the 3301(d) affidavit upon respondent: 4. Related claims pending: All claims are settled and satisfied by Marriage Settlement Agreement dated October 9, 2008 signed by both parties 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to request entry of the divorce decree, a copy of which is attached: (b) Date plaintiff s Waiver of Notice was filed with the Prothonotary: November, 2008. Date defendant's Waiver of Notice was filed with the Prothonotary: November 2008. Date: ?el t48S. a er, sq Plaintiff #07355 ore Street surg, 17019 (717) 4324514 ?? ,-- <.?? _, :- . .? ?o? .? ??"? .,., r?. V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N 0. DIVORCE DECREE l 'ss J? r''' 3 . AND NOW, , -, it is ordered and decreed that plaintiff, and 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.") aoa115 y the Court, Attest: J. el 7 Prothonotary go. 'R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08- 4853 CIVIL LACEY M. PAM Plaintiff ; V. ACTION IN DIVORCE RANDY B. PALMER, JR. Defendant NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 3rd day of Decanber 0 2008 hereby elects to retake and hereafter use her previous name of 1ACEY M. ANDERSON COMMONWEALTH OF PENNSYLVANIA COUNTY OF Y= e91gWtur& - marri mire) -- LACEY . PAM (S tune - to be known as) LACE M. ANDERSON ss. On the O ? day of 2009 , before, a Notary Public, personally appeared TACKY M PATMFR , known to me to be the person whose name is subscribed to the within docu- ment, and acknowledged that she executed the foregoing for the pur- pose therein contained. IN WITNESS WHEREOF, I have he:Not nto s t my hand and Notarial Seal. \ ry PubCU=j0rar-JE `;t H ? PENNSYLVANIA ...,......-.,101lBni7l,`real p Leslie K. Nei diQ' Notary Public II Wari9 t' v? kc.oun ?'?¢ UOM FdL?_a 4 ??'? C= aril- , ?T?, r 2909 KAY 12 .# i S: #? 6 CU tcC. (4l-?f eu,? 385 Rte`- ?.2v9v?.,