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HomeMy WebLinkAbout10-1667JOANNA ENGLAND, Plaintiff V. RYAN ENGLAND, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10 - 1(oU 7 C tv i l lel-M? : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 0 c <A -r' (- 7 47 , Z N 3 D N N G 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. ..5.. -dry C., 3 C) m -?G When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland County, PA. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 4 5o?.00 Po ATM crt* Ssra aM,'7a lus Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 MerbAdcdlaw.net JOANNA ENGLAND, Plaintiff V. RYAN ENGLAND, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 16- /641 C?V;l 4"N : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JoAnna England, by and through her attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who brings this Complaint in Divorce and avers as follows: 1. Plaintiff is JoAnna England, an adult individual currently residing at 3421 Walnut Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Ryan England, an adult individual currently residing at 1068 Country Club Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. The parties were married on March 2, 1996 in Lemoyne, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken 8. Plaintiff avers that neither party is an active member of the United States Military or its allies. 9. 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. Being so advised, Plaintiff waives that right. 10. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 11. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period or two (2) years. WHEREFORE, Plaintiff, JoAnna, respectfully requests this Honorable Court grant a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have acquired property during the marriage which is subject to equitable distribution. 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff, JoAnna England, respectfully requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of a final divorce decree. COUNT III CUSTODY 15. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 16. Plaintiff seeks shared legal and primary physical custody of the minor children, Kaylee England, born May 1, 1997, Connor England, born November 22, 1999, and Morgan England, born November 14, 2001. 17. The children were not born out of wedlock. 18. The children are presently in the primary custody of the Plaintiff at 3421 Walnut Street, Camp Hill, Pennsylvania, 17011. 19. During the past five years the children have resided at 3421 Walnut Street, Camp Hill, Pennsylvania with their parents. 20. The mother of the children is JoAnna England, currently residing at 3421 Walnut Street, Camp Hill, Pennsylvania, 17011. She is married to the Defendant, but is separated from him and seeking a divorce. 21. The father of the children is Ryan England, 1068 Country Club Road, Camp Hill, Pennsylvania, 17011. He is married to, but separated from the Plaintiff. 22. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Kaylee England Daughter Connor England Son Morgan England Daughter 23. The relationship of Defendant to the children is that of natural father. The Defendant currently resides with the following persons: Name Relationship Howard England Father 24(a). Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 24(b). Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 25. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the children's primary caregiver. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff, JoAnna England respectfully requests this Honorable Court to enter an Order scheduling a custody conciliation conference. Respectfully Submitted, 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Plaintiff Dethlefs-Pykosh Law Group, LLC VERIFICATION I, JOANNA ENGLAND, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. QAAWV- JOANNA ENGLAND '3 M10 DATE JOANNA ENGLAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 r7 C o RYAN ENGLAND, : CIVIL ACTION - LAW Defendant : IN DIVORCE ' N) N) Ji AFFIDAVIT OF SERVICE 'Dm I, Darrell C. Dethlefs, of the Dethlefs-Pykosh Law Group, LLC, do hereby swear and affirm, that on this I b day of March, 2010, I served Ryan England by hand delivery, a Complaint in Divorce at l;( 14"N 14 x1( Darrel . Dethlefs 2132 Market Street Camp Hill, PA 17011 JOANNA ENGLAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1667 RYAN ENGLAND : CIVIL ACTION - LAW c -; Defendant : IN DIVORCE ' -+ =rn ? a F z;0 cnr" T> ? PLAINTIFF'S AFFIDAVIT OF CONSENT = a ° der Section 3301(c) of the Divorce Cofe was fi Di i l i led on vorce un n a nt 1. A Comp March 9, 2010. 2. The marriage of the 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. Section 4904, relating to unsworn falsification to authorities. 120 i, CWUIR - Date. 4anJna England, Plaintiff JOANNA ENGLAND, Plaintiff V. RYAN ENGLAND, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1667 : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT -ax r-- ca c THIS AGREEMENT, made this day of 2011, by an d -n N c? Cam' --? C) ?-rt M D between RYAN ENGLAND (hereinafter referred to as "Husband") and JOANNA ENGLAND (hereinafter referred to as "Wife") WHEREAS, Husband and Wife were married on March 2, 1996 in Lemoyne, Cumberland County, Pennsylvania. WHEREAS, the parties are the natural parents of three minor children born of the marriage, Kaylee England, born May 1, 1997, Connor England, born November 22, 1999, and Morgan England, born November 14, 2001. WHEREAS, As a consequence of disputes and unhappy differences, the parties have separated and Wife has initiated a divorce action filed to No. 10-1667 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 3. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this agreement, 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. Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. 2 4. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 5. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the cat Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 6. DIVISION OF PERSONAL PROPERTY The parties agree that Husband and Wife shall divide the possessions contained in the marital residence as mutually agreed upon. 7. VEHICLES Wife shall retain possession of the 2002 Volkswagon Passat. If the title to this vehicle has not already been transferred to Wife it shall be done with thirty (30) days of the date of this agreement. Further, Husband agrees to satisfy any existing loan encumbering said vehicle within the same time period if it has not already been done. Husband waives any and all right, title and interest in said vehicle. The 2006 Dodge Caravan shall be transferred to Husband within thirty (30) days of the date of this agreement. Further, Husband shall be solely liable for any and all loan or debt encumbering said vehicle and shall ensure that Wife shall be release from said liability within the same time period if it has not already been done. Wife waives any and all right, title and interest in said vehicle. Husband shall indemnify and hold Wife harmless for any failure to satisfy those debts. 8. LIABILITIES Husband and Wife agree that each shall be responsible for personal debt in their own name unless otherwise indicated in this Agreement. Husband shall be responsible for the debt accrued on the following credit cards: Best Buy, Sears, Capital One and Toys R Us. Husband shall indemnify and hold Wife harmless for any failure to satisfy those debts. It is further agreed that Wife's name shall be removed from those accounts and if that cannot be done, that those accounts will be closed. Each of the parties hereby represents to the other that neither of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree that neither will incur debt in the other's or joint names at any time now or in the future. 9. 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, acquired by him or her after date of separation, 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. 10. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to. or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 11. REAL ESTATE The parties agree that they are the owners of a parcel of real estate located at 3421 Walnut Street, Camp Hill, Cumberland County, Pennsylvania. Said property is currently encumbered by a mortgage in both parties' names held by M&T Bank, with an approximate balance of $140,000. The parties agree that Wife shall retain the marital residence and shall have a Deed prepared reflecting that Wife is the sole owner of the residence. Wife shall be solely liable for the payment of the mortgage, taxes, insurance, utilities and all other liabilities associated with the marital residence, until she is able to refinance the mortgage in her name alone within ninety (90) days of the date of this Agreement. Wife agrees to indemnify and hold Husband harmless for her failure to pay these obligations in a timely manner. 12. PARTNERSHIP INTEREST The parties mutually agree that Husband has an interest in England Family Limited Partnership, England II Limited Family Partnership and England Collision. Wife hereby waives any and all interest she may have in Husband's interest in these partnerships, including the real property, assets, and inventory of those partnerships. 13. COUNSEL FEES 6 C? ?N)t The parties mutually agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and any future divorce action. 14. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT The parties mutually agree that, being aware of the income, education, income potential and assets and holdings of the other or having the opportunity to discover such information, each shall waive any and all past, present or future claims for spousal support, alimony pendente lite, and alimony. 15. EQUITABLE DISTRIBUTION PAYMENT The parties agree that Husband shall transfer to Wife, a payment of $100,000.00. This payment: shall be made in two installments, the first being in the amount of $10,000 to be made to Wife contemporaneously with signing this Agreement and the second and final payment of $90,000 to be made at the settlement of the refinancing of the mortgage into Wife's name. 16. BANK ACCOUNTS The parties mutually agree that they are the joint owners of a bank account at Members 1St Credit Union. The parties further agree that this account shall be closed and any monies remaining in the account shall become the sole and separate property of Wife. The parties further agree that each has their own personal bank accounts which shall continue to remain their sole and separate property. Husband hereby waives his right, title and interest in Wife's individual bank accounts. Wife does hereby waive her right, title and interest in Husband's individual bank accounts. 17. HEALTH, DENTAL AND VISION INSURANCE BENEFITS The parties mutually agree that each shall be liable for his or her own health, dental and vision insurance benefits once the Decree in Divorce is issued. Further the parties shall be liable 7 cot for his or her own out of pocket expenses for medical costs. 18. PENSION and EMPLOYMENT BENEFITS The parties mutually agree that Wife is the owner of a retirement savings plan as a result of her past and present employment. The parties mutually agree that Husband is the owner of a retirement savings plan as a result of his employment. Each party hereto shall maintain sole ownership over his or her individual pension plans, profit sharing or similar retirement plans acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits Wife accumulated as the result of her employment and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each party's marital claim. The parties agree to execute any and all documents necessary to effectuate the terms herein contained. 19. TAX RETURNS The parties mutually agree that beginning with tax year 2011 they will file separate federal. state and local tax returns unless otherwise mutually agreed upon. Each party shall be solely liable for any tax liability from 2011 forward and each shall indemnify, defend and hold the other harmless from and against any such liability thereafter. As to all tax years prior to 2011, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state 8 6P 11f i-N income or a disallowance of claimed deductions, the person who failed to disclose such income or who incorrectly claimed such deductions shall bear sole responsibility for the payment of any additional tax liabilities, penalties, interest or the like which may be assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. Further, it is agreed that Wife shall claim all three children as dependents for tax purposes. 20. MISCELLANEOUS The parties believe and agree, that the division of property hereto made by this Agreement is a non-taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 21. LEGAL ADVICE The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Darrell C. 1)ethlefs, Esquire, as her attorney. The Husband has employed and had the benefit of counsel of Samuel L. Andes, Esquire as his attorney. Each party acknowledges that he or she fully understands the facts and fully understands his or her legal rights and obligations and each party acknowledges and accepts 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 the 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. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and further agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure or that there was any absence or lack of full, proper or independent representation. 22. GENERAL PROVISIONS A. 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 or 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. B. 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 after the execution date of this Agreement, except as may be 10 iJ k otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. 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 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. Likewise, the failure of any party to meet his or her 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. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out frilly and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities. and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. 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. G. MUTUAL COOPERATION - Each party shall, at any time and from to time to time hereafter, take any an all steps and execute, acknowledge and deliver to the other party any and all further 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. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. 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. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provide, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, their 12 statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ? b _ day of 2011. In the pre cc of: akAHM J ENGLA D RYAN ENGL D 13 JOANNA ENGLAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1667 RYAN ENGLAND, : CIVIL ACTION - LAW m? rn co Z f _ Defendant : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO RE VEST ENT F DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE COAM ? -P -i cJ+ ': 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 , lawyers' fees or expenses if I do not claim them before a divorce is granted. i. 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. Section 4904, relating to unsworn falsification to authorities. Date: j -2 (Ict"L6142k4 ANNA ENGLAN 0TH0N0TA JOANNA ENGLAND, Plaintiff VS. RYAN ENGLAND, Defendant 2012 FEB -2 AM l l * 15 ClJ ?E fidRdSY DAB A TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1667 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 9 March 2010 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 & Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Lu Dated: Yz?2L RYAN ENGLAND JOANNA ENGLAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1667 RYAN ENGLAND, : CIVIL ACTION - LAW r r-+ Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD`'-<q N° Q - ?' .? 7:1 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 (x) 3301 C ( ) 3301 D of the Divorce Code. 2. Date and manner of service of the complaint: By personal service as evidenced by the Affidavit of Service filed on March 22, 2011. 3. Date of execution of the affidavit of consent required by Section 3301 (C) of the divorce code: By plaintiff January 11, 2012; by defendant January 26, 2012. 4. Related claims pending: All economic claims of the parties have been settled by written agreement dated December 15, 2011. The terms and conditions of the Marital Settlement Agreement filed in this matter shall be incorporated into but not merged into +t,;., r,e,.,.vo 5. Plaintiff's Waiver of Notice in § 3301 (c) Divorce is filed contemporaneously with this Praecipe to Transmit Record and is attached hereto. 6. Defendant's Waiver of Notice in § 3301 (c) Divorce is filed contemporaneously with this Praecipe to Transmit Record and is attached hereto. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA ENGLAND V. RYAN ENGLAND NO. 10-1667 DIVORCE DECREE AND NOW, 4V a &? TAI 1611 , it is ordered and decreed that JOANNA ENGLAND plaintiff, and RYAN ENGLAND bonds of matrimony. , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The terms of the parties Marital Settlement Agreement dated December 15, 2011 are hereby incorporated, but not merged, with this Decree. By the Court, 'U - Attest: J. DAVIb D• ?U?LL , Pr honot ,ZPO/ ?<:) CP ?? COOV ? , lPW 7('P woh-ce ,?#y #7ele-s 12, i `OfiY ?'o 0 TA U %I 12 OrT I I AM 11: 33 11 ? ' t°1 ERLAND COU14-1r PENNSYLVANIA JOANNA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 10-1667 RYAN ENGLAND, : CIVIL ACTION-LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes the Plaintiff, JoAnna England, by and through her attorneys, the Dethlefs-Pykosh Law Group, LLC, who files this Petition for Modification and avers as follows: 1. Petitioner is JoAnna England, an adult individual who currently resides at 3421 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Ryan England, an adult individual who currently resides at 1068 Country Club Road, Camp Hill, Pennsylvania 17011. 3. The parties are the natural parents of the minor children, Kaylee England, born May 1, 1997, Connor England, born November 22, 1999 and Morgan England, born November 14, 2001. M ?0Pd W7/e ai3aF? r-a?/,T3y 4. A Complaint in Divorce, including a count for Custody, was filed in this matter on March 9, 2010. 5. A custody conciliation conference was not scheduled in this matter. 6. The parties reached a verbal agreement wherein the children resided primarily with Petition/Mother since the parties' separation. 7. There have been numerous occasions where Respondent/Father has altered his plans for custody at the last minute. 8. Petitioner/Mother is seeking to have a formal custody Order in place to establish a specific schedule for the benefit of the children. 9. Petitioner/Mother believes it is in the children's best interests to have a clear schedule to provide for stability in their lives. WHEREFORE, Petitioner/Mother, JoAnna England, is hereby requesting this Honorable Court enter an Order scheduling a custody conciliation conference in this matter. Respectfully, Darrellethlefs, Esquire Attorney I.D. No. 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Plaintiff VERIFICATION I, JOANNA ENGLAND, verify that the statements made in the foregoing Petition for Modification are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ?N?, to l Lf I z 4JNaNA ENGLAND DATE JOANNA ENGLAND, Plaintiff V. RYAN ENGLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-1667 : CIVIL ACTION-LAW : IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the forgoing Petition for Modification was served by United States first class mail upon the following: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Date: JOANNA ENGLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2010-1667 CIVIL ACTION LAW ' ^ atr? c5 r _ . . RYAN ENGLAND ' IN CUSTODY -- -; DEFENDANT a? " ORDER OF COURT AND NOW, Friday, October 12, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 07, 2012 at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin;E;. FOR THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 5cim ve Ar d QS, €s 32 South Bedford Street g • Carlisle, Pennsylvania 17013 0 DWr Telephone (717) 249-3166 0 1Detred C• ??- tees. ???, . 5_ o tD.cgwn Cop?PS ?na•/Pc,/