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HomeMy WebLinkAbout04-2802IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, CIVIL ACTION - LAW Plaintiff VS. NO.Oy- 02 i- `1. CIVIL JOHN MINJARES, JR. Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, Plaintiff CIVIL ACTION - LAW VS. JOHN MINJARES, JR. Defendant NO.0A1A_r6A- CIVIL IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, Nancy L. Minjares, by and through her attorneys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Nancy L. Minjares, is an adult individual presently residing at 110 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, 17257 since Calendar year 2000. 2. Defendant, John Minjares, Jr., is an adult individual presently residing at, 102 W. Rampart, Apartment P211, Bexar County, San Antonio, TX, 78216 since January, 2004. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America. The Plaintiff has been a life long resident of the Commonwealth of Pennsylvania except for the period, January, 1999 through July, 2000. Furthermore, Plaintiff has resided continuously within the Commonwealth of Pennsylvania since July, 2000. 4. The Plaintiff and Defendant were married on June 6, 1999 in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since September, 2002. 9. The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. B J rry A. 110 le, Esquire Attorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unswom falsification to authorities. Dated: (P/ I el0 y Nancy L. Minjares, Plaintiff WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17ZS7-1397 f _ Q V `` r? W ? r-? ? ; ?' -z -„ ?' .a ? i •?" , ?/ r ?w PEN PL V NIA CUMBERLAND COUNTY, IN THE COURT OF COMMON CIVIL ACTION - LAW NANCY L. MINJARES, ' Plaintiff NO.O4(-ZFb;,"CIVIL VS. JOHN MINJARES, JR. IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, John Minjares, Jr. acknowledge that on June 18, 2004, I received a true and attested copy of Plaintiff's Complaint in Divorce in the above captioned action by having the same personally handed to me at the law offices of Weigle and Associates, P.C., 126 East King Street, Shippensburg, Cumberland County, Pennsylvania. Date: AMhninjaresv' Jr. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 C Rl bFn N G)g _ ?. : c?tt . c N _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, CIVIL ACTION -- LAW Plaintiff V. NO. 04-2802 CIVIL JOHN MINJARES, JR., Defendant IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 18, 2004. 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. Dated: ?A /15./65 Nancy L. Minjares, Plai tiff WEIGLE 6 ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?. s" > _- , ; _ !1 ? t! . _. . .ter ? i?? i s c .? - ,.. ? 1Y1 _ ? GJ ? ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, Plaintiff JOHN MINJARES, JR., Defendant CIVIL ACTION -- LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Nancy L. injares, Plai iff C.J t S"?1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, CIVIL ACTION -- LAW Plaintiff V. NO. 04-2802 CIVIL JOHN MINJARES, JR., Defendant IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 18, 2004. 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. Dated: < x/i i( ?t o "John Mmjares, Jr., WEIGLE 6 ASSOCIATES, PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?_. ,.., .q?, ,? tii ?r+ ??I: _., ,C.: G% : ?( ` _ i _ ?.. N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, Plaintiff V. JOHN MINJARES, JR., Defendant CIVIL ACTION -- LAW NO. 04-2802 CIVIL IN DIVORCE 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of t8 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated klinjar?, Jr., Defendant WEIGLE & ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 -, ? t-.= ? ].?r3 ._{ F' , _.. _ ? , i_ ` c.:. ??? .?''? ., ?;? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, Plaintiff VS. JOHN MINJARES, JR. Defendant CIVIL ACTION - LAW NO. 04-2802 CIVIL IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having filed in divorce from the bonds of matrimony on the 18'3' day of June, 2004, hereby elects to retake and hereafter use her previous name of Nancy L. Klein, pursuant to 54 Pa.C.S.A. §704. Nancy L. Minjares To Be Known As: y I? A Nancy L. Lein COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the q14?' day of `rYl aAt h , 2005, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared NANCY L. MINJARES, to be known as NANCY L. KLEIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. WEIGLE& ASSOCIATES, PC. - ATTORNEYS AT LAW - 126 NOTARIAL SEAL WRICA L TOME Notay R bk SHFPBNSMMBCRDUGK CUMBERLANDCOUNTY 1397 Q O - J w n r. R Memorandum of Agreement Pursuant to Alternative Dispute Resolution We, Johnny Minjares and Nancy Minjares, the undersigned parties, have used mediation to resolve a dispute. We intend to be bound by the terms of this agreement. On February 11, 2005, we reached an agreement, which is a resolution of the property division pursuant to our decision to divorce and was intended to be ordered by any court ruling on division of property pursuant to our decision to divorce. We have reached further agreement and have signed this amended agreement which we intend to have the court enforce as its own order: 1. Johnny will continue to pay for Nancy's health care insurance by keeping her enrolled as a dependant on his school district health care plan until Nancy obtains her own health care insurance. Should Johnny cease to be employed by his present employer, Nancy shall be entitled to comparable benefits through future employment and the ability to apply for COBRA coverage in the interim. 2. Each party will keep the monies which are in their own bank accounts as their separate property. 3. Each party will keep their own retirement account as their separate property. 4. Johnny will keep his 1998 Mercury Tracer. It is his separate property. Nancy will receive sole ownership of the 2001 Hyundai Sonata as her separate property. When Nancy returns to Pennsylvania, she will send John the appropriate forms to transfer sole ownership of the Sonata to Nancy. Johnny will execute the forms and return them to Nancy within 15 days of receiving them. 5. House Hold Goods and Loans: Johnny will retain all furniture and furnishings in their apartment except the hope chest and round table. Johnny agrees to pay Nancy at least $100 per month commencing the 15th of the month after which Nancy procures her own health insurance and continuing for thirty months, payable on the 15°i of each month, or until $3,000.00 has been paid for house hold goods and loans made from Nancy to Johnny. 6. The hope chest and round table are Nancy's separate property and are to be stored and shipped to Nancy at Johnny's expense. 7. Clothes and jewelry remain with the possessor as their separate property at the time of this agreement. 8. Nancy retains ownership of the dog. 9. All personal items will remain with the possessor as their separate property at Page 1 of 3 the time of this agreement. 10. Ownership of any life insurance policy belongs to the named insured. The named insured is free to change the beneficiary at any time. 11. Debts belong to the named debtor on the debt contract. 12. Johnny and Nancy will 'file a joint tax return for 2004 with the refund being credited to Nancy's account. Nancy agrees to pay Johnny $525.00 from the refund within 15 days of the time the refund is credited to Nancy's account. Nancy will send the $525.00 to P.O. Box 270, Lemming, Texas 78050. 13. Mutual Estate Waiver: Johnny and Nancy each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter acquiring) of the other or against the estate of such other, of whatsoever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, Commonwealth or territory of the United States, or (c) any other country, except , and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision thereof. It is the intention of Johnny and Nancy to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any provision thereof. We acknowledge that the only role the mediators have played in the preparation of this Agreement has been to transcribe our own agreement into writing. We agree that everything said and written during the mediation process will remain confidential, unless stated otherwise in this Agreement or in our original Mediation Agreement. We further agree as follows: 1. Any dispute arising from the implementation of this Agreement shall be settled by mediation and, if necessary, legally binding arbitration, in accordance with the Rules of the Institute for Christian Conciliation; judgment upon an arbitration award may be entered in any court otherwise having jurisdiction. Page 2 of 3 2. We intend that this Agreement will be legally enforceable and admissible as evidence in any judicial or administrative proceeding that is directly related to this dispute. ®Yes ?No If any documents are needed to complete a pending legal action related to this dispute, they will be drafted and filed by Nancy . Before signing this Agreement you are advised to have it reviewed by your own independent legal counsel. Signed 44 Date MarGk Sri 2005 ?Johnn Minjares State of Texas County of Bexar Before me, the undersigned authority, personally appeared John Minjares, personally known to me, and did affix his signature in my presence to the foregoing Memorandum of Agreement. Signed this 24 fin day of March, 2005 ?;=. MICHAEL W. SIMPSON ?' ?. ?= MV COMAUSSIpN E)IMRES Au ust '?'a 8 11, 2005 dli? ?- C ? Notary Public in and for the tate of Texas Signed on ?2 Date 2005 Nancy Minjares/ State of Pennsylvania County of Cumberland Before me, the undersigned authority, personally appeared Nancy Minjares, personally known to me, and did affix his signature in my presence to the foregoing Memorandum of Agreement. Signed this 29th day of March '2005. Notary Public in and for the State o ennSylvania Page 3 of 3 Notaria seal Rhonda R. Wolford, Notary publb ippensburg 6oro, Cumberland County LSh My Commisslon Expires Jan. 20, 2009 > -, ? < , ?: , , 7:• '; ?; -. ,;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. MINJARES, CIVIL ACTION - LAW Plaintiff V. NO. 04-2802 CIVIL JOHN MINJARES, JR., Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 'Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: June 18, 2004, hand delivered at Shippensburg, Pennsylvania. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff, February 15, 2005; by Defendant, February 15, 2005. 4. Related claims pending: None. The attached Marital Agreement between the parties dated March 24, 2005, shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 3, 2005. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 3, 2005 WEIGLE & ASSOCIATEIS, P Je?ry A. igle, Esquire Attorney for Plaintiff Attorney ID #01624 126 East King Street Shippensburg, PA 17257 Telephone(717)532-7388 WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 L ? 1 Memorandum of Agreement Pursuant to Alternative Dispute Resolution We, Johnny Minjares and Nancy Minjares, the undersigned parties, have used mediation to resolve a dispute. We intend to be bound by the terms of this agreement. On February 11, 2005, we reached an agreement, which is a resolution of the property division pursuant to our decision to divorce and was intended to be ordered by any court ruling on division of property pursuant to our decision to divorce. We have reached further agreement and have signed this amended agreement which we intend to have the court enforce as its own order: 1. Johnny will continue to pay for Nancy's health care insurance by keeping her enrolled as a dependant on his school district health care plan until Nancy obtains her own health care insurance. Should Johnny cease to be employed by his present employer, Nancy shall be entitled to comparable benefits through future employment and the ability to apply for COBRA coverage in the interim. 2. Each party will keep the monies which are in their own bank accounts as their separate property. 3. Each party will keep their own retirement account as their separate property. 4. Johnny will keep his 1998 Mercury Tracer. It is his separate property. Nancy will receive sole ownership of the 2001 Hyundai Sonata as her separate property. When Nancy returns to Pennsylvania, she will send John the appropriate forms to transfer sole ownership of the Sonata to Nancy. Johnny will execute the forms and return there to Nancy within 15 days of receiving them. 5. House Hold Goods and Loans: Johnny will retain all furniture and furnishings in their apartment except the hope chest and round table. Johnny agrees to pay Nancy at least $100 per month commencing the 15th of the month after which Nancy procures her own health insurance and continuing for thirty months, payable on the 15" of each month, or until $3,000.00 has been paid for house hold goods and loans made from Nancy to Johnny. 6. The hope chest and round table are Nancy's separate property and are to be stored and shipped to Nancy at Johnny's expense. 7. Clothes and jewelry remain with the possessor as their separate property at the time of this agreement. 8. Nancy retains ownership of the dog. 9. All personal items will remain with the possessor as their separate property at Page 1 of 3 e ` the time of this agreement. 10. Ownership of any life insurance policy belongs to the named insured. The named insured is free to change the beneficiary at any time. 11. Debts belong to the named debtor on the debt contract. 12. Johnny and Nancy will file a joint tax return for 2004 with the refund being credited to Nancy's account. Nancy agrees to pay Johnny $525.00 from the refund within 15 days of the time the refund is credited to Nancy's account. Nancy will send the $525.00 to P.O. Box 270, Lemming, Texas 78050. U. Mutual Estate Waiver: Johnny and Nancy each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter acquiring) of the other or against the estate of such other, of whatsoever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, Commonwealth or territory of the United States, or (c) any other country, except , and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision thereof. It is the intention of Johnny and Nancy to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any provision thereof. We acknowledge that the only role the mediators have played in the preparation of this Agreement has been to transcribe our own agreement into writing. We agree that everything said and written during the mediation process will remain confidential, unless stated otherwise in this Agreement or in our original Mediation Agreement. We further agree as follows: 1. Any dispute arising from the implementation of this Agreement shall be settled by mediation and, if necessary, legally binding arbitration, in accordance with the Rules of the Institute for Christian Conciliation; judgment upon an arbitration award may be entered in any court otherwise having jurisdiction. Page 2 of 3 2. We intend that this Agreement will be legally enforceable and admissible as evidence in any judicial or administrative proceeding that is directly related to this dispute. EYes DNo If any documents are needed to complete a pending legal action related to this dispute, they will be drafted and filed by Nancy . Before signing this Agreement you are advised to have it reviewed by your own independent legal counsel. Signed Date mar,-k 21.2005 Johnn MinJares State of Texas § County of Bexar § Before me, the undersigned authority, personally appeared John Minjares, personally known to me, and did affix his signature in my presence to the foregoing Memorandum of Agreement. Signed this 24+k day of March, 2005. "ACC 2 Notary Public in and for the tate of Texas MICHAEL W. SIMPSON MY COMMISSION WIRES •',!??! August 11, 2008 Signed / (&' Date 7inrL 1 , 2005 Nancy injares State of Pennsylvania § County of Cumberland § Before me, the undersigned authority, personally appeared Nancy Minjares, personally known to me, and did affix his signature in my presence to the foregoing Memorandum of Agr ent. Signed this 29th day of March '2005. '2k Notary Public in and for the State o ennsylvama Page 3 of 3 otada eat Rhonda R. Wolford, Notary PUNIG Shippensburg Boro, Cumberland County trlY Commisy s ion Expires Jan. 20, 2008 ? r', ?!i ?? :K ' C- (,:> IN THE COURT OF COMMON PL OF CUMBERLAND COUNTY STATE OF PENNA.. Nancy L. Minjares, Plaintiff VERSUS John Minjares, Jr., Defendant N o. 04-2802 DECREE IN DIVORCE AND NOW, 2005 DECREED THAT Nancy L. Minjares AND John Minjares, Jr. ARE DIVORCED FROM THE BONDS OF MATRIMONY. AS IS ORDERED AND PLAIN IFF, j DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CIFAIMS 1HICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL c HAS NOT YET BEEN ENTERED; None. The attached Marital Agreement between the parties March 24, 2005, shall be incorporated but not merged int Decree in Divorce pursuant to the said Agreement. BY THE COURT: ATTEST J. PROTHONOTARY 7 ?,/ 5 JUN 07 2007 N'? IVELISSE ALEMANY-MARTINEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. :2007-2802 CIVIL ACTION - LAW MICHAEL VEGA-CASTRO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 74h day of T%Jwv , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother, Ivelisse Alemany-Martinez and the Father, Michael Vega-Castro, shall have shared legal custody of Christina M. Vega, born May 19, 2001 and Mikayla A. Vega, born March 6, 2005. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. This means that all parties shall be entitled to all information from school and medical professionals. 2. Mother shall have primary physical custody of the children. Father shall have periods of partial physical custody as agreed by the parties. 4. Father is responsible for all transportation expenses including the costs of a chaperon for air travel. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ?? I cal cc +ichael hael O. Palermo, Jr., Esquire, Counsel for Mod Vega-Castro, pro se HCO1 Box 8644 San German, Puerto Rico, 00683