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HomeMy WebLinkAbout08-4968IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, Plaintiff Civil Action - Law 03 - gq(og Civi I Teri" V. SHAWN M. CARR, Defendant In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds 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, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, Plaintiff Civil Action - Law V. SHAWN M. CARR, Defendant In Divorce COMPLAINT IN DIVORCE UNDER SECTION 3301(g) OR 3301(4) OF THE DIVORCE CODE COUNT I - IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, Emily B. Carr, by and through her attorneys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Emily B.Carr, is an adult individual presently residing at 203 Colonial Drive, Shippensburg, Cumberland County, Pennsylvania 17257, since June 30, 2005. 2. Defendant, Shawn M. Carr, is an adult individual presently residing at 304 N. Fayette Street, Shippensburg, Shippensburg Borough, Franklin County, Pennsylvania 17257, since July 21, 2008. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on January 3, 2004, in Shippensburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since July 16, 2008. 9. The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from January 3, 2004, until July 16, 2008, date of separation, all of which property is "marital property". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value a marital property. 13. Plaintiff and Defendant may not be able to agree as to an equitable division of said property to the date of the filing of this Complaint and substantial portions of said property are in the exclusive control of Defendant. 14. Plaintiff requests the Court to equitably divide all marital property. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. COUNT III - INDIGNITIES GROUNDS FOR DIVORCE 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured spouse, such indignities as to render Plaintiffs condition intolerable and Plaintiffs life burdensome. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. A GLE & ASSOCIATES, TC By: r Je . Wei , Esquire Attey for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Dated: U - / a - ® 8 &t?? ?? OA-41-? Emily , Plaintiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?? r . ZU. t of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, Civil Action - Law Plaintiff V. No. 08-4968 SHAWN M. CARR, Defendant In Divorce AFFIDAVIT OF SERVICE BROOKE L. NAUGLE, being duly sworn according to law, deposes and says that on August 25, 2008, a true and attested copy of Complaint in Divorce with Notice to Defend and Claim Rights was served upon the Defendant, SHAWN M. CARR. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Shawn M. Carr 304 North Fayette Street Apt 406 Shippensburg, PA 17257 The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." BR L. N GLE Sworn to and subscribed before me this 22nd day of August, 2008. f Notary Public vq-o,, NOTARIAL SEAL Jerry A, Weigle, Notary Public Shippensburg, PA Cumberland County My Commission Expires October 7, 2010 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?i EMILY B. CARR, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff SHAWN M. CARR, Defendant Civil Action - Law No. 08-4968 In Divorce AFFIDAVIT OF SERVICE PROOF OF SERVICE ¦ Complete items 1. 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the track of the mailplece, or on the front If space permits. 1. Amide Addressed to: Shawn M. Carr 304 N. Fayette Street Shippensburg, PA 17257 A. Signature x e'-- ? Agent 0 Addressee Ef. ReceMed by (fthed Nerve) C. D to of slivery ,. D, Is delivery address different from item 1 T If YES, enter delivery address below. 3. Service type ? CertlHed Moll 0 Express Mail 0 Registered ? Retum Receipt for Meridwidibe 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Fxft Fee) 0 Yes 2. Article Number ?005 1820 0005 6338 5 016 (lf&WW hart service A** Ps Form 3811, February 2004 Don,..uc Rstum Rsoelpt , r?tsa WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ;? -. "?' =-? r"^ : '.a ? J ? _.,. ,. , 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, Civil Action - Law Plaintiff 084968 Civil Term V. SHAWN M. CAM Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 19, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. 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 un-swom falsification to authorities. Dated: 0 a- - 13 - (-)CJ Emily B. Carr, Pl tiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Ti -? ;: r•-s 7V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, Civil Action- Law Plaintiff 084968 Civil Term V. SHAWN M. CARR, Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(0) 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. Dated: o '/ 3 -09 (??_ zl?2a? Emily B. , WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?": ? -- ; ? ? 3 ?s ?__- 4?3 ?°j s ,,' a.J ?.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, Civil Action - Law Plaintiff 08-4968 Civil Term V. SHAWN M. CARR, Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 19, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. 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 un-sworn falsification to authorities. Dated: :Z-A//? Shawn M. Carr, Defendant WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ? ? C? ... ? ? 57 ?- .W ?.. _ ? ?:3 C`.. y;- ":i _ ....ten T:::? ../' ?? •' ? ?h G ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, Plaintiff V. SHAWN M. CARR, Defendant Civil Action - Law 08-4968 Civil Term In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 33010 AND § 3301(d) 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. Dated: Z i 3 e) / Shawn M. Carr, Defendant WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 {.' -ry _. P {Xis Page 1 of 11 dg- qq&8 Cell `E.irp MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of and between Shawn M. Carr, hereinafter re *erred o as Husband, olreerred North Fayette bStree , , 2009, Snppensburg, Pennsylvania 17257, and Emily B. Carr, hereinafter to as Wife of 2 Colonial Drive Shippensburg, Pennsylvania 17257. 03 WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on January 3, 2004, in Shippensburg, Cumberland County, Pennsylvania, with one child having been born of the marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the implementation of custody/visitation arrangements for a minor child of the parties, Caitlin N. Carr, the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code, as amended. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257_1397 Page 2 of II EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terns of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Emily B. Carr, by Jerry A. Weigle, Esquire, who is attomey for Emily B. Carr and who prepared this marital agreement. Shawn M. Carr acknowledges that he has been advised of his right to seek independent legal counsel and he has decided not to do so. Both parties acknowledge that the fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257-1397 Page 3 of II SEPARATION DATE The parties do hereby acknowledge that they separated on July 16, 2008. It is hereby agreed that July 16, 2008, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. MOTOR VEHICLES A. The parties agree the following motor vehicles were acquired during this marriage and are to be considered marital property and are to be disposed of as follows: (a) 2004 Dodge Caravan - The parties own a 2004 Dodge Caravan, presently titled in the names of Husband and Wife which shall become the sole and exclusive property of Wife. The parties agree the title to said vehicle shall be vested in the name of Wife. The parties further agree that Wife shall assume the sole and exclusive obligation to pay any and all loan obligations on said vehicle and shall reimburse and indemnify Husband in the event of a default. Husband agrees to sign any and all documents necessary to transfer title of said vehicle into Wife immediately upon being advised that any loan obligations on said vehicle have been paid in full. Any and all costs associates with said title transfer shall be borne solely by Wife. (b) 2005 Ford Escape - The parties own a 2005 Ford Escape, presently titled in the names of Husband and Wife which shall become the sole and exclusive property of Husband. The parties agree the title to said vehicle shall be vested in the name of Husband The parties further agree that Husband shall assume the sole and exclusive obligation to pay any and all loan obligations on said vehicle and shall reimburse and indemnify Wife in the event of a default. Wife agrees to sign any and all documents necessary to transfer title of said vehicle into Husband immediately upon being advised that the above-referenced financing has been completed and the original loan obligation which includes Wife's name satisfied. Any and all costs associated with said title transfer shall be borne solely by Husband. PERSONAL PROPERTY II Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including but not limited to jewelry, clothes, finniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the ro the possession of Wife shall be the sole ands arate pro p P3' in ep perty of Wife. The parties do hereby WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257_1397 Page 4 of II specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. REAL ESTATE The parties hereto acknowledge and agree that they are owners of a home known as 203 Colonial Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania and more specifically described in Cumberland County Deed Book Vol. _ at Page . For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that said real estate shall become the sole and exclusive property of the Wife. The parties further agree that Wife shall assume sole and full responsibility for repayment of a First Mortgage and Home Equity Loan obligation on said real estate premises in favor of the Chase Manhattan Bank. Wife shall attempt to refinance said loan obligations so as to remove Husband therefrom at the earliest possible time after execution of this Marital Settlement Agreement. Until said refinancing can occur, Wife agrees to assume sole and exclusive responsibility for repayment of said loan obligations and to reimburse and indemnify Husband in the event of a default. Husband agrees to execute and delivery to Wife any and all documents necessary to transfer title to said real estate to Wife in accordance with this paragraph. WIFE'S PENSION PLAN Wife is presently employed at the Roxbury Treatment Center of Shippensburg, Pennsylvania, and has accrued a pension benefit of $15,000.00, as of the date of separation in the form of a 401K plan through UHS and Fidelity Investments, Inc. The parties agree that said pension benefit shall become the sole and exclusive property of Wife. Husband agrees to execute and deliver to Wife any and all documents that may be required to accomplish this objective. HUSBAND'S PENSION PLAN Husband is presently employed at the Holy Spirit Hospital, Camp Hill, Pennsylvania and has accrued a pension benefit of $17,000.00, as of the date of separation in the form of a 401K plan through the Holy Spirit Hospital and Fidelity Investments, Inc.. The parties agree that the said pension benefit shall become the sole and exclusive property of Husband. Wife agrees to execute and deliver to Husband any and all documents that may be required to accomplish this objective. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 5 of 11 WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. CUSTODY AND VISITATION OF MINOR CHILD A. The parties agree that legal custody of the couples' minor child, Caitlin N. Carr shall be shared equally between Husband and Wife. Parties further agree that primary residential custody of Caitlin N. Carr shall be with the Wife, subject to Husband's exercise of rights of partial custody according to the schedule hereinafter set forth. B. Parties agree that Husband shall exercise periods of partial residential custody from time to time as follows: 1. First three weekends of each month this agreement is in effect beginning each Friday evening at 4:00 P.M. and ending each Saturday evening at 9:00 P.M. 2. One weekday or work evening per week with specific days and time to be agreed upon by the parties hereto. 3. Two full weeks during the summer months to be specifically agreed upon by the parties hereto during the month of May for each calendar year that this agreement is in effect. 4. At such other times, including holidays, as the parties may agree. 5. Husband shall be responsible for providing transportation for the said minor child to and from Wife's residence. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 6 of II E. Consultation Pryviftes - In addition to any provisions which may be contained herein regarding custody and visitation, Husband and Wife shall have the following rights with respect to the child: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. F. Visitation Make-up Time - The parties recognize that there may be ircumstances, from time to time, which may prevent the exercise of visitation at the agreed dates and times. To that end, the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances. The parties further agree that an equal amount of make-up visitation time will be granted for any visitation, which does not take place as scheduled. G. Illness of Child - In the event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. 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 said child. The word "illness" as used herein shall mean any disability, which confines the child to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. LEGAL FEES Wife shall pay the cost of legal fees incurred in preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Husband agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Wife's attorney. INCOME TAX RETURNS The parties agree to file joint income tax returns (both Federal and State) for Calendar Year 2008 and to divide any refunds therefrom as follows: 75% to Wife; 25% to Husband DEPENDENCY EXEMPTION FOR INCOME TAX For purposes of federal and state income taxes, Wife shall claim herself and Caitlin N. Carr. The parties agree to file separate tax returns. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 7 of II MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever; of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code, as amended. Wife agrees to pursue the present divorce action filed to No. 08-4968 Civil, 2008, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Defendant agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 8 of 11 MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. WAIVER OF ALIMONY AND OTHER RIGHTS The parties'hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. FINANCIAL DISCLOSURE II The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 9 of II ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 10 of II IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 year first above written. Page 11 of 11 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERL D On this, the 1 day of , 2009, before me a Notary Public, the undersigned officer, personally appeared Emily B. arr, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. (SEAL) ??" -- - Jerry A. Weigle ? , Notary Public Shippensburg, PA Cumberland County Ps Qc+;ber 7, 2010 Av Commission COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND 2009, before me a Notary On this, the ? day of Public, the undersigned officer, personally appeared Sh M. Carr, known to me to be the person whose name is subscribed to the within Agreement an acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal f VV X-11T/ / (SEAL). NOTARIAL SEAL Jerry A, Weigle, Notary Public Shippensburg, PA Cumberland County Ay Commission Expires Octoc4;r 7, 2010 Y WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - 5HIPPENSBURG, PA 17257-1397 c ii o'f ..o J» 7 ??r O -m4, J- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY B. CARR, V. Plaintiff SHAWN M. CARR, Defendant Civil Action - Law 084968 Civil Term 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: August 25, 2008, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, February 13, 2009; by Defendant, February 14, 2009 4. Related claims pending: None - The attached Marital Agreement between the parties dated shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 .el Date of filing of the Plaintiff's Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the Prothonotary: Plaintiff's, February 19, 2009 Date of filing of the Defendant's Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the Prothonotary: Defendant's, February 19, 2009 WEIGLE & ASSOCIATES, P.C. 0. JJfry A. Weigle, Esquire Attorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 :;.., t ?- ?'.: C? --- ?. '.^? (? 1,d EMILY B. CARR V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4968 DIVORCE DECREE AND NOW, a.? it is ordered and decreed that SHAWN M. CARR EMILY B. CARR , plaintiff, and SHAWN M. CARR , defendant, are divorced from the bonds of matrimony. 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.") The terms of the Marital Settlement Agreement dated February 13, 2009 may be incorporated, but shall not be merged into this decree. By the Court, J. 164 -?-5 rothonotary for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Emily B. Carr Plaintiff Vs Defendant File No. 08-4968 Shawn M. Carr IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree Divorce dated #10119 hereby elects to resume the prior surname of /0(- , and gives this written notice avowing his / her intention pursuant to theprovisions of 54 P.S. 704. Date: 6 ) - 13- 0 ature COUNTY Signatur name being re d VANIA ) On the LS?ay of , 200 before me, the Prothonotary or the notary public, personally appeared the love affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have here set y hand hereunto set my hand =4 officia seal. e- ?Il Notary Public Jerry A. Weigle, Notary Shlppensburg, PA Cumber' ,nty Y Commission Expires 0 X010 a =;, 3 } EMILY B. CARR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~'. : N0.2008-4968 CIVIL ACTION -LAW SHAWN M. CARR, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ g'_ day of p~t,...r , '?012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The custody provisions of the parties' Marital Settlement Agreement which was incorporated in the Divorce Decree dated March 10, 2009 are hereby vacated. 2. The Father, Shawn M. Carr and the Mother, Emily B. Carr, shall have shared legal custody of Caitlin N. Carr, born December 20, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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 the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent: has possession of any such records or information, that parent shall be required t:o 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. Both parents shall he entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to frill and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody of the child: A. Beginning October 26, 2012, alternating weekends from Priday after school to Sunday, with the end time alternating 7:00 p.m. one weekend and 10:00 a.m. t;he following weekend. B. In the event that Father must work on his custodial weekend, he may exchange his weekend for the weekend immediately before or after his regular weekend, provided he give Mother at least 30 days notice of his request to exchange weekends. If Mother has plans for one of the alternate weekends, Father will select the remaining replacement weekend. This accommodation will not otherwise modify the regular weekend schedule. 5. Transportation shall be shared such that Father will always pick up from school or Mother's home. The parents will meet at the Carlisle Walmart for the return to Mother for all other exchanges except when Mother picks up at l 0:00 a.m. on Sundays, she will do so at Father's home. 6. Holidays/Vacation: A. The following holidays shall be alternated from 9:00 a.m. to 6:00 p.m., with the exception of July 4th which will run from 9:00 a.m. the day of the holiday to 9:00 a. m. on July 5: New Year's Day, Easter, Memorial Day, July 4th, and Labor Day. Mother shall have New Year's Day in 2013. B. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall always have the earlier time and Mother shall always have the later time. C. Christmas shall. be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. D. Each party shall be entitled to two nonconsecutive weeks in the summer, provided they give the other party 30 days notice. The custodial party shall always provide a location of the child and a telephone number where the child ma.y be reached. 7. The parties shall have liberal telephone contact with the child and the custodial parent shall not interfere with communication between the child and the non- custodial parent. 8 To the extent possible, the custodial parent shall insure that the child attends all extracurricular activities. However, the parties will not enroll the child in extracurricular activities that interfere with the exercise of custodial time without prior consent of the other parent. 9. kELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUS"h comply with 23 Pa. C. S. § 5337. 8. This Order is entered pursuant to an agreement of the parties at a Custody ('.onciliation 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. cc`~John F. King, Esquire, Counsel fay ~ a~,~~~ /Nathan Wolf, Esquire, Counsel for Mother` ~ ~ /Z,~/G BY THE COURT, EMILY B. CARR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2008-4968 CIVIL ACTION -LAW SHAWN M. CARR, . Defendant : IN CUSTODY PRIOR JUDGE;: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Caitlin. N. Carr DATE OF BIRTH CURRENTLY IN CUSTODY OF December 20, 2004 Mother 2. A Conciliation Conference was held in this matter on October 16, 2012, with the following in attendance: The Father, Shawn M. Carr, with his counsel, .Iohn F. King, Esquire, and the Mother, Emily B. Carr, with her counsel, Nathan Wolf, Esquire. 3. The Honorable Kevin A. Hess previously entered a Divorce Decree dated March 10, 2009 which incorporated the parties' Marital Settlement Agreement which contained custody provisions. 4. The parties agreed to an Order in the form as attached. acq ne M. Verney, Esquire ~~- Custody Conciliator