Loading...
HomeMy WebLinkAbout08-7515Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- -Y.V ' CIVIL TERM : DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08- 7Sl< CIVIL TERM : DIVORCE/CUSTODY COMPLAINT IN DIVORCE AND CUSTODY 1. Plaintiff is Timothy L. Daniels, who currently resides at 59 Greystone Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Sonya M. Daniels, who currently resides at 982 Antrim Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the day of May 8, 1998. 5. Plaintiff is on active duty with the Naval Service of the United States. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 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. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OR OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiffrespectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. COUNT II REQUEST FOR CONFIRMATION OF CUSTODY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties are the parents of Braeden Alexander Daniels, born July 3, 2001; and Brooke Marie Daniels, born July 17, 2002. 13. During the past five years the children have resided with the parties and at the addresses indicated: 2005 to present: 982 Antrim Drive, Mechanicsburg, PA 17050 2004 to 2005: 17465 Terri Court, Dumfries, VA 22026. During this period Sonya and the kids lived with her parents (Michael and Reena Del Rossi) due to the fact that Plaintiff was stationed on a forward deployed ship (Italy) that was in the process of returning to Norfolk, VA, for decommissioning. 2002 to 2004: 17390 Cusack Lane, Dumfries, VA 22026 14. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 15. There are no other proceedings pending involving custody of the children in this or any other state. 16. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 17. The best interests of the children require that open and meaningful access be maintained with each parent and that they have a relationship with each parent. 18. The children have developed emotional attachment to each parent and the severing of either attachment is not in the children's best interests. WHEREFORE, Plaintiffrespectfully requests that §§3104(a)(2) and 3323 (b) ofthe Divorce Code, the Court enter an Order awarding joint custody of the children to the parties. MARTSON DEARDORFF WILLIAMS & OTTO By j pears, Esquire Street Carlisle, PA 17013 bA A (717) 243-3341 Date: 1?/ l U-D Attorneys for Plaintiff VERIFICATION The foregoing Divorce and Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Timothy LeMar Daniels FAFILESThents\13275 Daniels\13275. Ldivc m ``.' t::? r T -ra .,r O W r? , , ?? 0 ? ?x : ;?, ? -- '. :: w ? ._ .? ?' -J ?? ?? TIMOTHY LEMAR DANIELS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SONYA MARY DEL ROSSI DANIELS DEFENDANT 2008-7515 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 06, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 29, 2009 _ at 8:30 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/ jacgueKne M. Verney, Esq. / Custody Conciliator 1 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 .. P•,s?! ??'a? .?? ? , :?'r?l.?, ; . ., ? ?+? .V,?„ F:\F1LES\CGents\13275 DanielsA 3275, Laos Revised: 1 / 14/09 10:51 AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 7515 CIVIL TERM SONYA MARY DEL ROSSI DANIELS, : Defendant : DIVORCE/CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. I hereby certify that a copy of the Complaint in Divorce and Custody was mailed to Defendant Sonya Mary Del Rossi Daniels on December 30, 2008, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Sonya Daniels" and dated January 9, 2009. Sworn to and subscribed before me this 14`h day of January, 2009. otary Pu is COMMONWEALTH OF PENNSYLVANIA Notarial Seal Emy elly Brooke, Notary Public le Boro, Cumberland County mmiwinr E xpires Aug. 5, 2009 Member, Pennovivan]a Association of Notaries 4 . _ , F stagIFIED MAIL RE CE:IPT Mail Only, No Insurance Coverage Provided) visit our website at www.usps.com Cru- r%- Ln Postage $ -I- certified Fee O C3'. Return Reobpt Fee C3 (EWorearrierrt Required) O? (E e*tftd m?Re?quireFOR M .70 { 12 Pawns* $2.20 Here $4.30 a f9.79 12130/2008 m Total postage & Fees $ M 0 aM 3.e .. :. ---- --- ----- -----•-- - - or PO Abr Ma ? - - --- -------------- 1criy3i ¦ -Complete ftbMa'wy 2, and 3. Also complete 'itern 4 if Rio _pellvery Is desired. ¦ ,P your name address on the reverse $o that we can rstm the card to you. ¦ Attach this card to the back of the maHpiece, or on the front if space permits. 1. Article Addressed to: (U.3? OaAic - qfa p - A 17 A r-Mm 4 Agent jih Received by () Name) G. Date of Delivery 0. Is delivery addteeor .,11 i6em 1? ? Yes If YES, enter .Q'No x ? Addressee 3. Service Type ?CertHied 0 R09MWW 0 insured and 0 C.O.D. 4. Restricted Deliver)/) Pft Fee) Q "7 2. Article Number 7003 3110 0004 5772 5795 mwnfwftm sgrvks "00 Ps Form 3811, FsebroMy 2W Don+nMc Rilurn ?eoMpt ,eaessae soo ? C? -rt .v ? c:' -- ?' - `?' , . l µ ?? ? ?` . f ?_ ^? ? d' JAN ? 7 20096 TIMOTHY LeMAR DANIELS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7515 CIVIL ACTION - LAW SONYA MARY DEL TOSSI DANIELS,: Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 27t' day of January, 2009, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A,L I/JacqUeline M. Verney, Esquire, C ody Conciliator ? ` ?; ? - = ? t c...- - ?. -?-• ,its. , "J ?? c , ?. _ ;- ...?- -° .. --i ;? . _ ? ::! r 11 F. FILLS Clients 13275 Uanieks13275, Lntststip Rc,iwd. I: 29 OS It) 2MM JAN 2 7 2009 6 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 7515 CIVIL TERM : DIVORCE/CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY The parties hereby agree to share legal custody of the minor children, Braeden Alexander Daniels, born July 3, 2001, and Brooke Marie Daniels, born July 17, 2002. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well- being of the children. 3. While in the presence of the children, neither parent shall make or permit any other 4 person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with physical custody arrangements, agreements, or schedules and to encourage them to participate in arrangements, agreements, or schedules hereby or henceforth agreed and ordered 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to physical custody arrangements, agreements, or schedules, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to physical custody arrangements, agreements, or schedules, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 1) I' II. PHYSICAL CUSTODY The parents shall share physical custody of the children. Mother and Father shall share custody of the children as determined by mutual agreement. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. The parties are aware that Father will be stationed in or around San Diego, California with the United States Navy-after his graduation in June 2009, and the geographic location of follow-on tours or future assignments after San Diego, California, is unknown. Mother and the children may relocate as required prior to or after June 2009 and the parties will work together to establish mutually satisfactory arrangements as to custody and partial custody in light of changed circumstances. In the event that the parties are unable to reach agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custod / artial custody order. This Stipu tion shall b entered as an Order of the Court. )//,o? •. r? _ s SSO a Ml:l Rossi Daniels Jendifey-LPpears, Esquire Attorney r Plaintiff Date: As.0ft7 25 Zeal BY T COURT: A , J. 3 } F v je V s ?F.i. C71 LU L% ti- G"1 .M'me` N V tea„ F:\F1LES\C1ientsU3275 Daniels\13275.1.custstip Revised: 3/I1/10 3:12PM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OF Fl pI.ED?" ;=IC'?rARY ZOlQ; ti 17 Z: tt d Cljl f 4 r3/ try r1'v , ,€, TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7515 CIVIL TERM DIVORCE/CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY All prior Orders are hereby vacated and replaced with the following, per the parties' agreement: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor children, Braeden Alexander Daniels, born July 3, 2001, and Brooke Marie Daniels, born July 17, 2002. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. While the children are in the custody of the paternal grandmother, Patricia M. Cowgill, pursuant to Section II herein, they grant shared legal custody to her as defined in this paragraph. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with physical custody arrangements, agreements, or schedules and to encourage them to participate in arrangements, agreements, or schedules hereby or henceforth agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to physical custody arrangements, agreements, or schedules, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to physical custody arrangements, agreements, or schedules, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 2 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY Father is currently on active duty in the U.S. Navy and on sea duty in San Diego, CA, soon to be deployed. Mother is living with her parents in Dumfries, VA and currently is unable to care for the children on a full-time basis due to health and other issues. The parties agree that the children will live with their paternal grandmother, Patricia M. Cowgill, in Guthrie, OK until such time as Father is re-assigned from sea duty to shore duty in 2011, or Mother is able and available to care for the children. The parties will work together to ensure visits and remain willing to maintain a shared custody arrangement as is practical. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. IV. COPIES This document may be executed in multiple counterparts or any number of duplicate originals, all of which shall constitute one in the same instrument. 3 This Stipulation shall be entered as an Order of the Court. on a M. Dei Rossi aniels BY THE COURT: Date: J. Timothy L. Daniels Jennifer L. Spears, Esquire Attorney for Plaintiff 4 t Timothy L. Daniels Sonya M. Del Rossi Daniels J nni r Spears, Esquire Attorney for Plaintiff Date: BY THE COURT: J. Jennifer L. Spears, Esquire ?E ?7 iE F` i ,"<10TARY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 20 1 0 HAR 12 AM 1 : 0a I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CU?f m f TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7515CIVIL TERM : DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) 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 waiver 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. ?n4 .` Date: 'l?l?(..,/ C ?laD/ZS S ? Sonya Mary Del ssi Daniels, Defendant F:\FILES\CGents\13275 Daniels\13275.1.aocwon Revised: 3/11/10 8:38AM FILED--;t -1 Jennifer L. Spears, Esquire r 7h''- pp' OTARY MARTSON DEARDORFF WILLIAMS OTTO GILROY 8i FA-Lt MARTSON LAW OFFICES 2010 HAS 12 # I I Da I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SONYA MARY DEL ROSSI DANIELS, Defendant : NO. 08-7515CIVIL TERM : DIVORCE/CUSTODY AFFIDAVIT OF CONSENT I. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on December 29, 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. 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 unsworn falsification to authorities. Date: ? ? onya ary Del Rossi Daniels, Defendant F:\F1LES\C6enta\13275 Daniels\13275. hwampd Revised: 3/30/09 9:01AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant FILED-C!" 1CE & FALLER 20101 AR 12 11: 0E t.w._. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- V15' CIVIL TERM : DIVORCE/CUSTODY MARITAL SETTLEMENT AGREEMENT / ('`om HIS MARITAL SETTLEMENT AGREEMENT, made this `Y' day of , 2A-9C by and between Timothy L. Daniels, Cumberland County, I Na -- Pennsyly is (hereinafter referred to as "Husband") and Sonya M. Del Rossi Daniels, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on May 8, 1998 in Maui, Hawaii; WHEREAS, two (2) children have been born of the marriage of the parties: Braeden Alexander Daniels, born July 3, 2001, and Brooke Marie Daniels, born July 17, 2002; 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 fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; 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; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any 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 differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on December 29, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such 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 3 property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or 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 a 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 country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give 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. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Jennifer L. Spears, Esquire, of Martson Law Offices, counsel for Husband. At the commencement of and at all stages during the negotiation of this Agreement, Wife has been informed that Jennifer L. Spears, Esquire has acted solely as counsel for Husband and has not advised nor represented Wife in any manner whatsoever. Wife, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that she could be represented by counsel but at all times has 4 elected not to be so represented. Wife has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. Husband has been counseled by his attorney, and the parties together have come up with the following agreement. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have 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. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and 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. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. The parties agree, however, to divide all photographs evenly, and each party shall be entitled to access to negatives or files of photographs. The parties will make 5 duplicates of all digital or taped video media which currently exist so that each party has a full set. Any cost involved in the duplication of the videos will be shared equally. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The parties do not own any real property. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been divided to their mutual satisfaction. Husband will remove himself from the Joint USAA account, if possible, so that Wife may continue to use it. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Specifically Wife will keep her 2006 Acura MDX, and Husband will keep his 2003 Mercedes C230 and be solely responsible for the loan thereon. 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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 unmarried. 6 16. INCOME TAX: Husband and Wife agree to file joint tax returns for the tax year 2008 and equitably divide any refund received, as well as any economic rebate or stimulus payment received, if any. For any tax returns filed jointly, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is 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 and 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 the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. For 2009 and in odd years thereafter, Husband shall be entitled to claim both children on his tax returns, and Wife shall be able to claim both children in even tax years beginning with 2010. The parties will cooperate each year in signing the IRS Form 8332, or any other appropriate forms or documents to effectuate the intent of this paragraph. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and 7 court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Husband has a pension through the military, as well as a Thrift Savings Plan and IRA with USAA. Wife waives any and all right she may have to Husband's USAA IRA. The current value of Husband's Thrift Savings Plan (TSP) is approximately $15,339.50. Husband agrees to pay to Wife a cash amount equal to 50% of the current Thrift Savings Plan, or $7,670.00 within three (3) years from the date of this Agreement. Once paid, Wife shall have no further entitlement to Husband's TSP. The parties have been married for 10 years, during which entire time Husband has served in the U.S. Navy ("creditable service"). Upon Husband's retirement from U.S. military service, Wife shall be entitled to 50% of the marital portion of Husband's military pension ("disposable retired pay"). The marital portion shall be calculated from the date of marriage (May 8, 1998) to the date of divorce, as evidenced by a Decree in Divorce issued by the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall cooperate in providing any necessary information, documentation, or signature to allow Wife to apply for division and direct payment of her portion of the military pension by DFAS. If a court order is required by DFAS to effectuate the division of the marital portion of Husband's military pension, such court order shall be Wife's responsibility. Husband shall not be required to elect Former Spouse SBP coverage for Wife, but may do so voluntarily if he chooses and is allowed to do so. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Husband will retain and be solely responsible for the closed USAA card which was in joint names and his Washington Mutual and Capital One credit cards. Wife will retain and be solely responsible for her credit cards with USAA, Washington Mutual and Capital One. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses upon divorce. Husband will continue to maintain health insurance 8 on the children through the military. Wife may be eligible for continuing coverage of her health insurance through the military, and Husband will cooperate with any document or signature requests for Wife to retain health insurance through the military. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 23. 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 reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take 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 such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 9 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: 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 provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION 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 of any subsequent defaults of the same or similar nature. 10 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS Timothy L. Daniels (SEAL) WITNESS Sonya M. a Rossi Dame s (SEAL) 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF -: SS On this, ? day of appeared TIMOTHY LeMAR DAN ELSt'ow n to m oon be the me a Notary Public, personally Person whose to the within Marriage Settlement Agreem d acknowledged that he executed the s is subscrib ame for he purposes therein contained. IN WI'T'NESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF I ENNSYLVANIA Notarial Seal arp &ooks, NOW Cmbnd puWic C County My Commission Expires Aug. 5, 2009 Member, Pennsylvania Association of Notaries COMMONWEA H OF PENNSYLVANIA COUNTY OF l4-re?_ ?U A u lic : SS On this, IZ day of ?cilo appeared SONYA M. DEL RONIELS, known o me to be t eote?rs public, personally subscribed to the within Marriage Settlement Agreement and acknowledged that she whose name executed t is same for the purposes therein contained. the IN WITNESS WHEREOF, I hereunto set my hand official seal. otary Public .iMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 2010 12 PTIL.BS\Chems\13275 Daoicb\13275.1.somon Rev®ed; 3/11/10 8;41AM ALE `t )TApy Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY &RAWk E ! P l L MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, Plaintiff v. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.08-7515CIVIL TERM DIVORCE/CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on December 29, 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. 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 unsworn falsification to authorities. /.Z?,? v90/t7 Plaintiff R1 M-OFFICE r OF 7YE: r i- Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL&P KA R, 17 ski 2: 4 0 MARTSON LAW OFFICES I.D. 87445 CU; a' _J `p.413_E` 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.08-7515CIVEL, TERM DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 4 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. relating to unsworn falsification to authorities. Date:.. j.2 /1'Ihr1D/U __ Timothy LeMar Daniels, Plaintiff F:TlLES\CGents\13275 Daniels\ 13275. Lpra Revised: 3/19/10 1 I :39AM RM-OFFM Jennifer L. Spears, Esquire OF IKE PR07s40N, ?fm MARTSON DEARDORFF WILLIAMS OTTO GILROY &JQW 9 ° 2:13 MARTSON LAW OFFICES 'i II I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY LeMAR DANIELS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7515CIVIL TERM SONYA MARY DEL ROSSI DANIELS, Defendant DIVORCE/CUSTODY _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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via certified mail, restricted delivery on January 9, 2009. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; March 12, 2010; by the Defendant; March 11, 2010. 4. Related claims pending: None. All claims resolved by a Marital Settlement Agreement filed with the Court on March 12, 2010. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 17, 2010. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 12, 2010. MART SO. W OFFICES By f . Jenni er L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 19, 2010 Attorneys for Plaintiff ' F:\FILES\Clients\13275 Daniels\I3275.1.custstip Revised: 3/11/10 3:12PM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff T??Fl?LED-??±?? IC 'I= THE ecnT; l ?,?,! CRY 2010 1 4,,R 17 P ' ?_: 1i 0 C? ' 1' ? I to MAR I& 201Au TIMOTHY LeMAR DANIELS, Plaintiff V. SONYA MARY DEL ROSSI DANIELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7515 CIVIL TERM DIVORCE/CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY All prior Orders are hereby vacated and replaced with the following, per the parties' agreement: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor children, Braeden Alexander Daniels, born July 3, 2001, and Brooke Marie Daniels, born July 17, 2002. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. While the children are in the custody of the paternal grandmother, Patricia M. Cowgill, pursuant to Section II herein, they grant shared legal custody to her as defined in this paragraph. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. y ''A 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in anyway be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with physical custody arrangements, agreements, or schedules and to encourage them to participate in arrangements, agreements, or schedules hereby or henceforth agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to physical custody arrangements, agreements, or schedules, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to physical custody arrangements, agreements, or schedules, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 2 i 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY Father is currently on active duty in the U.S. Navy and on sea duty in San Diego, CA, soon to be deployed. Mother is living with her parents in Dumfries, VA and currently is unable to care for the children on a full-time basis due to health and other issues. The parties agree that the children will live with their paternal grandmother, Patricia M. Cowgill, in Guthrie, OK until such time as Father is re-assigned from sea duty to shore duty in 2011, or Mother is able and available to care for the children. The parties will work together to ensure visits and remain willing to maintain a shared custody arrangement as is practical. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. IV. COPIES This document may be executed in multiple counterparts or any number of duplicate originals, all of which shall constitute one in the same instrument. 3 This Stipulation shall be entered as an Order of the Court. Timothy L. Daniels Jennifer L. Spears, Esquire Attorney for Plaintiff Date: A4-.CA tt "/o hA on a M. Del Rossi aniels BY THE COURT: J. °- n M in ?j 27 4 ., , Timothy L. Daniels Sonya M. Del Rossi Daniels J nni r . Spears, Esquire Attorney for Plaintiff BY THE COURT: Date: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LeMAR DANIELS V. SONYA MARY DEL ROSSI DANIELS DIVORCE DECREE AND NOW, In s^A t 9 it is ordered and decreed that TIMOTHY LeMAR DANIELS , plaintiff, and SONYA MARY DEL ROSSI DANIELS, 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.") All claims have been resolved by a Marital Settlement Agreement filed with the Court on March 12, 2010, and is incorporated but not merged into this Decree. By the Court, NO. 08-7515 3 --Qq - t C'ert . C cr?? cna ;?ecS A-s) Sv e,ac S