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HomeMy WebLinkAbout02-0228 MICHAEL JOHN FOX, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * C2ioLl 't~ V5. * NO. O~-~ * ELIZABETH SARA FOX, * CIVIL ACTION - LAW 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 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MICHAEL JOHN FOX, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * V5. * NO. C~ - .:l.~J> Q:~u~L'-r~ * ELIZABETH SARA FOX, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT UNDER ~3301 OF THE DIVORCE CODE 1. Plaintiff is, Michael John Fox, who currently resides at 35 Still Pond Drive, New Freedom, Pennsylvania. 2. Defendant is, Elizabeth Sara Fox, who currently resides at 1108 Yverdon, Drive, Apt. C-1, Camp Hill, 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 August 18, 2001. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I. REQUEST FORA FAULT DIVORCE UNDER ~3301(a)(b) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive as defined by ~3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (a)(b) of the Divorce Code. COUNT II. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301(c) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT HI. REQUEST FOR A NO-FAULT DIVORCE UNDER 93301 (d) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. The marriage of the Parties is irretrievably broken. 17. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT IV. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER 93323, 93501, 93502 and 93503 OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. Respectfully submitted: BY:H~~~ 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10 #83997 ATTORNEY FOR PLAINTIFF Date: I / I t..t /0 { . VERIFICATION I, Michael J. Fox, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: I IIi( tSd- '9. ~ 6Q.. ~ '- ........ ........ 9 ):j -..0 "- ~ ~ 0 c:J c::: 0 tI} ~CI) c: 1'-) ~r ~ ~ -~ L.. --, ::::.,.... ~ 0 -orD '1-'" ~ () 8 nlr"n ::::= r- c 2:r) ~ C 7~ (~~ ~ I v':Joc'" 0> I j 2Ei 0- j -u ..J :VbfP (/) ~C-) :.1: ~n ....... F~ ~ )>...::.. c.:? ( :z 0 )~ =< U1 MICHAEL JOHN FOX, Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, · PENNSYLVANIA . V5. . NO. 02-228 CIVIL ACTION - LAW IN DIVORCE . ELIZABETH SARA FOX, Defendant . . CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on January 29,2002, I served a true and correct copy of the Complaint in Divorce upon Elizabeth Fox, Defendant, by depositing same, postage pre-paid, Certified Mail, Return Receipt Requested and Via Regular Mail in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Elizabeth S. Fox 105 Hannah Street Harrisburg, PA 17014 Date: \ - d erO tr- Misty D. LehInan (') c:> 0 c: N '," $: l.- 'i' ~ffi :0- Z n'ip ;:R W TJf"n ~~ '9 c::> " .:"'-, :::::;~? ;<0 -,;> ~:d ~~ :x ~,~C) :;;;. - 15m .. ~ ~ CJ1 en '< MICHAEL JOHN FOX, Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, . PENNSYLVANIA . V5. . NO. 02-228 CIVIL ACTION. LAW IN DIVORCE . ELIZABETH SARA FOX, Defendant . . AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA : ss. COUNTY OF DAUPHIN AND NOW, this 4th day of February, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on January 29, 2002, she mailed a certified copy of the Complaint in Divorce, by certified mail, return receipt requested, to Elizabeth Fox, 105 Hannah Street, Harrisburg, PA 17104, and the same was received by her as indicated by the return receipt card which is attached hereto. ?1~~,'/ fr~ Wendy. ive Sworn to MR subscribei.bf!<?~e ~e on this ~ day of~, 2002. Notarial Seal . Misty 0, Lehman, Notary Public Hlin1sbUrg. Dauphin eounty My Commission EX~I.r~~~u~, 2. 2004 (.'~.... 1. 2. ... 3. ..... c_... I illlm 4 W Restricted Delivery 10 deelnld. , · Pnnt your name and __ on the reverse OO.that we can return the card to you, . · Attach this card to the back of the mallp/ece. or on the Iront W space permits, 1. _IeAdd_lo: LII~~-Ih. -FOX~Af 10) tlOJlVl~ S,H.J.I H(J/r7J f.wct I nq /7/t/-( ClAgent CI~ C. Date of [)olh.y D. Isdellvery_dlflnntflom/tem 1? CI Yes n YES. erne. delivery address below: CI No 2. ArtIcle Number (lIwns""~SOfV/a>I&l!ol! ,fC;()(Y'f(/J')(J WJCf9'}9'C (I '?f~ I'l! Form 3811. Auguot 2001 __ -... ~ _,........ 3._Type ~Ma/I -ClrMalI CI Reg_ _ CI 1_ Mall CI C.O.D. 4. Reo1riote.J Dollvory? (EJctnI Fee) ~\J g~ ~ ;:: ~" (J:::> M\ ~ ~ ffi c' :J::: Ci'l ~ 2P d . <1- <n:F,: "1, 1.1) -+- ~i5 : s.- .b ~o _ (' ~ ~- ~g 3 ';:>l.- z; ~, , =< \C - j - ( .., ( C --.1 J" -<:.. MICHAEL JOHN FOX, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff, NO, 02-228 - CIVIL TERM ELIZABETH SARA FOX, CIVIL ACTION - LAW IN DIVORCE Defendant. ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, this t)-0---- day of February, 2002, comes the Defendant, Elizabeth Sara Fox, by and through her Attorneys, Reager & Adler, and files the following Answer to Complaint in Divorce and in support thereof avers as follows: 1, Denied, Defendant Michael John Fox is an adult individual residing at 1108 Yverdon Drive, Apartment Cl, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Denied, Plaintiff Elizabeth Sara Fox is an adult individual residing at 105 Hanna Street, Harrisburg, Dauphin County, Pennsylvania 17104, 3, 4. 5, 6, 7. 8, 2002, Admitted. Admitted, Admitted, Admitted. Admitted. Denied, Defendant is five months pregnant and the parties' baby is due June 9, -1- COUNT I REOUEST FOR A FAULT DIVORCE UNDER SECTION ~3301(a)(b) OF THE DIVORCE CODE 9. No responsive pleading is required. 10. Denied. I I. Admitted, WHEREFORE, Defendant respectfully requests this Court deny Plaintiffs request for a divorce under Section 3301(a) or (b) of the Divorce Code, COUNT II REOUEST FOR A NO-FAULT DIVORCE UNDER ~3301(c) OF THE DIVORCE CODE 12, No responsive pleading is required. 13, Denied, 14. Denied. Defendant is not planning to file an Affidavit of Consent. WHEREFORE, Defendant prays this Honorable Court deny Plaintiffs request for a divorce under Section 3301(c) of the Divorce Code, COUNT III REOUEST FOR A NO-FAULT DIVORCE UNDER ~3301(d) OF THE DIVORCE CODE IS. No responsive pleading is required, 16, Denied. 17, Admitted in part, denied in part, It is admitted that the parties are living separate and -2- apart. It is denied that they have lived separate and apart for two years, WHEREFORE, Defendant requests the Court deny Plaintiffs request for a divorce under Section 3301(d) of the Divorce Code. COUNT IV REOUEST FOR EOUlT ABLE DISTRIBUTION OF MARITAl, PROPERTY UNDER ~3323. ~3501. ~3502 and 63503 18, No response pleading is required, 19, Admitted. Defendant is filing a Counterclaim for APL, alimony and counsel fees as part of this pleading, WHEREFORE, Defendant requests this Court equally divide the parties marital property after such time as a divorce may be obtained by Plaintiff under Section 3301(d) of the Divorce Code, COUNTERCLAIM COUNT V ALIMONY, ALIMONY PENDENTE LITE. A TTORNEY'S FEES AND COSTS 20, Defendant lacks sufficient property to provide for her reasonable needs, 2 I. Defendant is unable to sufficiently support herselfthrough appropriate employment. 22, Plaintiff has sufficient income and assets to provide continuing support for the Plaintiff, 23, By reason ofthis action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs, -3- 24, The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 25, Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 26. Plaintiff has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court to compel Plaintiff to pay Defendant alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT VI REOUEST FOR MAINTENANCE OF HEALTH INSURANCE COVERAGE THROUGHOUT PENDENCY OF DIVORCE ACTION 27. During the course of the marriage, Plaintiff has maintained certain health insurance for the benefit of Defendant. 28. Pursuant to Section 3502( d), Defendant request Plaintiff be directed to continue maintenance of said health insurance for the benefit of the Defendant. -4- WHEREFORE, Defendant respectfully requests, that pursuant to Section 3502( d) of the Divorce Code, this Honorable Court enter an Order directing Plaintiff to continue to maintain certain health insurance coverage for the benefit of Defendant. Respectfully submitted, REAGER & ADLER, P.C, DATED: ~- l - o-V BY: J HARRIS COUGH, ESQUIRE PA ill No.: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 -5- CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Edward J, Weintraub, Esquire Edward J, Weintraub & Associates 2650 Third Street Harrisburg, P A 1711 0 Dated: d/7/d of 11Bennts <!E. 1Lebo ([ler~ of'1lCofHt of ((u~lkrlatib ((0tI;~ 1 Courthouse Square' Carlisle, PA 17013 ) L.."I .....1- L" ,-" - -5 o SMALL MICHAEL PATRICK 155 WINDBRIAR LANE GETTYSBURG, PA 17325 -' "~..'-. .... .-~- - '.,' - " ," ..... .- :, ,Ji ~ .. . ~. .T.~._ ~~. ~ . MrP'1 D .MSUFFICIEItT ADDRESS D OTHER ~AtrEMPTED ItDT KNDWIt OA~ D 1t0 SUCH NUMBER! STREET D NOT DELIVERABLE AS ADDRESSED . UNABLE TO FORWARD -".<!;:li ~~~ ;>- _'1 f"- <j. ~.2'. f..:: :::::> ," U ~cr;; ~) j """::;: '1 CO >- ""'- C'J I .J :z cr~ :L;{fj lJ.J [:](1.. k c, ~-'-- (",1 "j 0 (:::) 0 August 8, 2003 \\NTSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\Marital Settlement Agreement. wpd MARITAL SETTLEMENT AGR~NT TIllS AGREEMENT, made this ~y of ~W03, by and between Elizabeth Sara Fox (hereinafter "WIFE") and Michael John Fox, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on August 18, 2001, in Mechanicsburg, Cumberland County, Pennsylvania; and separated on D-e v. c...1 ~I ; and WHEREAS, the parties have one child of this marriage, namely Dylan Parker McConnell; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obIigations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants imd promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: August 8, 2003 \\NfSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\Marital Settlement Agreement.wpd 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective cotmsel. WIFE is represented by Jomme Harrison Clough, Esquire :S~N ,=OCU3 (.1. Ic,.',JJI(';> of REAGER & ADLER, Pc. HUSBAND is represented by I~el L. lI~bati!;h, Esquire. The parties further declare that each is executing the Agreement freely and voltmtarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if cotmsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, tmdue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to !l3301(c) 01' the Divorce Code. A divorce action was filed by Husband with the Court of Common Pleas of Cumberland COtmty, Pennsylvania at Civil Action No, 02-228 on January 16,2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days after the service of said complaint on Wife. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. Page 2 of 11 August 8, 2003 \\NTSERVER\Usen;\R&A Family Law\Client Directory\Pox, Elizabeth\Marital Settlement Agreemfmt wpd 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein, Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties, The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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 Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional Page 3 of 11 August 8, 2003 \\NTSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\Marital Settlement Agreem:mt.wpd release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6, SEPARATIONINON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart, They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. Page 4 of 11 August 8, 2003 \\NTSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\Marital Settlemmt Agreemt:nt.wpd 7. REAL PROPERTY. The parties do not own any real property. However, the parties previously resided in an apartment together by which HUSBAND damaged. HUSBAND will be responisble for satisfying the total amount of damages to the apartment in the amount of $1,028,25 and shall indemnify WIFE and hold her harmless thereon. 8, DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligalions incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of SUdl debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits otherwise disclosed. WIPE hereby waives her right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits otherwise disclosed. Page 5 of 11 August 8, 2003 \\NTSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\Marital Settlement Agreement.wpd The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10, BANK ACCOUNTS, The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered, Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each. party shall from and after the date of this Agreement be the sole and separate owner of all tarlgible personal property in his or her possession. Page 6 of 11 August 8, 2003 \\NTSERVER\Users\R&A Family Law\C1ient Directory\Fox, Elizabeth\Marital Settlement Agreement.wpd 13, VEHICLES. HUSBAND hereby waives any right, title, claim or interest he may have in WIFE's vehicle. WIFE waives any right, title, claim or interest she may have in HUSBAND's vehicle. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exernption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15, ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek Page 7 of 11 August 8, 2003 \\NTSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\Marital Settlement Agreement. wpd modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. WIFE specifically agrees that HUSBAND's spousal support obligation to WIFE set forth in the Court of Common Pleas of Dauphin County, Pennsylvania at DRO No. 00282-DR-02, PASCES No. 678104234 shall terminate on July 1,2003, 16, ATTORNEY FEES, COURT COSTS. The parties hereby hereby agree that HUSBAND will pay $1,000.00 towards WIFE's attorney fees and court costs, HUSBAND shall be solely responsible for his own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' 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 breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreernent, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18, WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: Page 8 of 11 ., August 8, 2003 \\NTSERVER\Users\R&A Family Law\C1ient Directory'Fox, Elizabeth\Marital Settlement Agreelll<~t.wpd (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b,) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19, MUTUAL COOPERATION, WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. 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. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. Page 9 of 11 '. August 8, 2003 \\NTSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\MaritaJ Settlement Agreetrumt.wpd 22. 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, 23. CONTRACT INTERPRETATION, For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties, IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt a duly executed copy hereof. \ Michael J ox Page 10 of 11 : August 8, 2003 \\NTSERVER\Users\R&A Family Law\Client Directory\Fox, Elizabeth\Marital Settlement Agreern.ent.wpd COMMONWEALTH OF PENNSYLVANIA COUNTY OF (!~ 1l1A\.!i On the I S;+.b. day of h~u_".1 --/ 2003, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Elizabeth Sara Fox, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. :55. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAl. SEAL CASSANDRA T. ROSENBAUM, Notary Publicl Camp Hi" Boll), Cumbarland County My Commission Expires December 4, 2004 ~lA~T~~ - I Notary Public 1/ My Commission Expires: 1;;;'/ -It /) 'I COMMONWEALTH OF COUNTY OF ~p~ 2!:03 On the \~~ day of C\.. Uo..)}.lh'l+ ~?002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the lmdesigned officer, personally appeared Michael John Fox, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. :55. IN WITNESS WHEREOF, I have hereunto set rny hand and notarial seal the day and year first above written. Ch~ cf.\)()ll..'O(\~h, Notary Public My Commission Expires: Page 11 of 11 P N_ SooI ""- L. "-". N-,. ~ City ollforriobuq, Daup/Ua CouaIy My Olmmiuioo........ Ap.. 17,2007 . 0 <'J 0 C (-"~ -n - ~-~- ;j"> -, dJ 0) ..,., r( 1 -0 L- -;1 . ,,-.' .--n -5'~ r ~)> - , ,.t:.. r" C, ' -~ ~~~ -cO :"'.'" ~"l ~ C) ~-;;,... ',.) B ).; C.' S' '-~,'n ." .:~~ '--~ "7 ~1 "n -< <:;> ::'< MICHAEL JOHN FOX, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 02-228 - CIVIL TERM ELIZABETH SARA FOX, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 16, 2002, 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal 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, Date: (j! Is/V 3 0 ~~ 0 c ~ ,'I ? if) -o6~; r." '.::' cprr::, " ,,;'-1 ~." I ZS ....1 OJ ... .,~ I -",.".. <(:i !<,:C. ". . -i.-i ~,.-. 3 ~:) ',:::.:;; Zc. - " ~, '" C S' ;:':-,rn :;c; " C :::::\ ~ -:::> 3; u::> -< 08/15/2003 15:27 FAX 763 1907 ----- -- ---.--- ~EAGER&ADLER_. 1ft 002 MICHAEL JOHN FOX, Plaintiff, IK THE C01.:RT OF COMMON PLEAS CUMBERLAND COUNTY, PE}.'NSYLVANV\ v, NO 02-228 . CIVIL TERM CIVIL ACTION - LAW IN DIVORcE ELIZABETH SARA FOX, Defendant AFl<'IDA VlT OF C.ONSRNT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 115,2002. 2, The marriage of Plaintiff and Defendant isiIretrievably broken, and ninety (90) days have elapsed from the date ofthe fIling and sel'iice of the' Complaint. 3. 1 consent to the enlr'j ofa [mal 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 alld COllect. 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: r;js!o5 ~~4o/ MICHAE~ JOHN,~ b '" ...... , ".,,~<''''<..,-, <~ \ (") C:J C.:J c: (.il -n ~ en -0 CD c"'1 , n11T1 --a , Z:cC I ":iT' Zc. ".. ~. 'T ~~,;-; ) ~~;-"~ -;::.-;,.. kL "" ~ ~, 3EC ;:I: --;.:; (~') - -"'-;:,m :;t>() 9 c -..; Z ,:::::> ",':", ::;! \" ='<!. \, ,- 08.'15/2003 15:27 FAX 763 1907 ----- ----.- REAGER&ADL.ER - ------ !i!! 1)05 v" IN THE COURT OF COMMON PLEAS CUMBERLA:.'ID COCNTY, PENNSYLVANIA NO. 02-228 - CIVIL TERM MICHAEL JOHN FOX, Plaintiff, ELIZABETH SARA FOX, Defendant CIVIL ACTION - LAW L'< DIVORCE W.UVFR OF NOTICE OF INTFNTION TO RF,QIJESI ENTRV OF A DTVORC.E DECREE lTNDl'R SFC.TJON 3'\01 (q OF THF DTVORC.E CODE 1, I consent to the entry of a final decree of divorce without notice, 2. I undorstand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not cl aim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Ccurt and that a copy oflhe decree will be sent to me immediately after it is filed with the ProthOl1otwy J 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 falsificatio!l to authorities, Dated?;/; ~ . ~7({J . ~~ ~. 0 0 <.>' " en tWit' ,"" -0 7......." 1'" zC" ,-.' <:.Q<'; ..- .r.-,- ,::.;:' C2:CJ ?i ::J %0 ("::. ;;:;2: - ~-.-;n' '? -' .--, ::z: - 2.:. :1 0 ~ " MICHAEL JOHN FOX, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-228 - CIVIL TERM ELIZABETH SARA FOX, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330HC) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: ? /1 S /-0 ) , <2 :<;: .-oi.:):-:. my' ""';1''-:::_ :tt;. <;Q ~;; iL.'--.. " C "7 ,--. J4..:;::.....,,' 'Pc. Z. -2 ~ if> ~ \ -(C:. o ....n ;;. 6 .' \.:..~ ~\:? :.C.J "-:.~ :~lc) ;;.f'" ..:> A \-.,.. "::9. - o MICHAEL JOHN FOX, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-228 - CIVIL TERM ELIZABETH SARA FOX, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under S 3301(c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 5th of February, 2002. 3. Date of execution of the Affidavit of Consent required by S 330l(c) of the Divorce Code: by Michael John Fox, Plaintiff, on August 15,2003; by Elizabeth Sara Fox, Defendant, on August 15,2003. 4. Related claims pending: Settled by Agreement dated August 15,2003. 5. Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was fIled with the Prothonotary: September 4, 2003 Date Defendant's Waiver of Notice in ~ 3301((;) Divorce was fIled with the Prothonotary: September 4, 2003 Respectfully submitted, Joanne Harrison Clough, Esquire J.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Defendant DATED: q, /' L- ./0? q c -< v\..=0 rnn-' Z;}" z~.. CfJ.. ::~: r.::;\: ):;c z< ..:L,' .rC 2.: ::;! c:> w V) ,"1 '-0 I :1:- o -" ~ .... '5 E . I-_,:S:) -.1() - :;.; ~(-) c.\,1I _.~-\ ~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Marital Settlement Agreement dated August 15, 2003, and attached hereto are incorporated not merged herewith. PROTHONOTARY . J, . . . . . . . . . . . . . . . . . . r-v fy JZ ~ ~k, ['o'"LI-~ ~~~~~~;PP ~.'d'b . . . '" hi .'. .... t', . .' , MICHAEL JOHN FOX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO~ 2R <;' ~" :'A;f)-I '0 c.J :) - ~~J.? ELIZABETH SARA FOX, Defendant CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S ANSWER TO PETITION FOR EMERGENCY CUSTODY MODIFICATION/ORDER AND NOW, this ~day of July, 2003, comes the Defendant, Elizabeth Sara Fox, by and through her Attorneys, Joanne Harrison Clough, Esquire, of Reager & Adler, P,C., and files the following Answer to Petition For Emergency Custody Modification/Order and respectfully avers as follows: I. Admitted, 2, Admitted in part. Respondent's correct address is 203 East Locust Street, Mechanicsburg, P A 17055. By way of further explanation, Respondent's daughter, Sadie, age four (4), also resides at said residence with Respondent. 3. Admitted, 4. Admitted, 5. Denied. Respondent, Elizabeth S, Fox, is without specific knowledge or information to form a belief as to the truthfulness as to whether or not Petitioner arrived at her residence to drop off the minor child, as per their mutual agreement. By way of further explanation, Petitioner was not to arrive at Respondent's residence until 9:00 a.m. Respondent denies that Petitioner entered her residence, -1- 6. Denied, It is specifically denied that there was a drug pipe on Respondent's table or floor. It is further denied that there were beer cans "strewn all over the table and floor." 7, Denied. It is specifically denied that Petitioner knocked on Respondent's bedroom door and that she failed to awaken. 8. Denied, It is specifically denied that, at any time, Petitioner feared for his one (I) year old's safety and/or that he immediately took him away from the house. To the contrary, Petitioner returned the child to Respondent approximately six (6) to eight (8) hours later the same day and made no comment to Respondent whatsoever of any problem when he attempted to return the child, as alleged in his ex-parte Petition, By way of further explanation, Respondent had telephoned Petitioner that same morning when she awoke at 9:20 a,m, and realized that she had overslept. She spoke to him later that day, at which point the parties made arrangements for him to drop off the child later in the day after Respondent completed her shift at work, 9, Denied. It is specifically denied that Respondent has an admitted history of intravenous drug use involving cocaine, Strict proof thereof is demanded at time of trial. 10. Denied. It is specifically denied that Respondent has a history of alcohol abuse, including or not including driving while intoxicated. Strict proof thereof is demanded at time of trial. II. Denied, It is specifically denied that Respondent has any history of violence, It is further denied that she has beaten Petitioner with "a telephone," "a remote control," "a videotape," or "a spatula." It is further denied that Respondent has attacked the Petitioner at work, It is further denied that Petitioner had to call the police for protection. By way of further explanation, Respondent did arrive at Petitioner's place of employment when she learned that he -2- was having an affair with a fifteen (15) year old girl while she was engaged to Petitioner and they did have a verbal argument regarding said affair. 12. Admitted in part, denied in part. It is admitted that in the Fall of2001, Respondent was diagnosed with bipolar disorder and received treatment and prescription medications which successfully controlled any problems she was having from the bipolar disorder. In the past, Respondent has been on several different types of medications and has always taken them as per the directions of her treating physicians and/or pharmacists. It is specifically denied that Respondent stopped taking Depakote because she is not permitted to use alcohol when taking the alcohol; rather, she stopped taking the medication because she was pregnant with Petitioner and Respondent's child at the time and was instructed to stop taking the medication by her treating physicians. It is further denied that she was hospitalized twice in September of 2001, To the contrary, Respondent did have a hospitalization in September of 2001, which hospitalization led to the diagnosis of her bipolar disorder. Ever since that diagnosis, she has been seeking proper medical treatment and medication, as needed, for this condition, ]3, Admitted in part, It is admitted that Petitioner changed his employment from his career at Isaac's Restaurant to be a Management Trainee at Bob Evans and that he resides with his parents, the child's paternal grandparent's, at the residence located at 35 Still Pond Drive, New Freedom, York County, Pennsylvania 17349. Respondent acknowledges that the home is safe and does not challenge the facility. -3- 14. Denied. It is specifically denied that Respondent has any drug or psychiatric problem or disorder. It is further denied that the minor child is in any danger ifhe is returned to her care, custody, and control. To the contrary, Respondent has been the primary caretaker of Dylan since his birth. 15. Denied. It is specifically denied that Petitioner filed for a Protection From Abuse Order on behalf of the minor child through the Dauphin County Victim Witness Program, Ifhe, in fact, did attempt to file for said Petition For Protection From Abuse, it was not pursued through the court system, NEW MATTER 16, Paragraphs one (I) through fifteen (15) are incorporated by reference as if set forth fully herein. ]7, All of the allegations set forth in the Petition of Petitioner Michael], Fox allegedly occurred during a time period when Respondent Elizabeth S, Fox did not have physical custody of her son. 18. Respondent denies the serious allegations as set forth above, Respondent further asserts that there were no problems with her primary physical custody, care, and control of her son, Dylan, and that he has always been properly cared for and his needs have always been well met. 19. Respondent has been the primary caretaker of the minor child since birth and he has always been well cared for by Respondent. -4- 20. Petitioner returned the one (I) year old child to Respondent on the afternoon of Tuesday, July I, 2003 and she had Dylan in her care, custody, and control from July I, 2003 through the afternoon of Sunday, July 6, 2003, when she returned the child to his father for his next scheduled period of partial physical custody, 21. To the best of Respondent's knowledge, Petitioner sought no police or Children and Youth intervention, despite the allegations of the conditions he claims existed at Respondent's residence on July 1,2003, At no time did Petitioner or his family notify Respondent that they had obtained an ex-parte Court Order removing physical custody from her and granting it to Petitioner/Father until Tuesday, July 8, 2003, when Respondent contacted Petitioner's home to ascertain why the child had not been returned. 22. Respondent has no physical or mental illness preventing her from properly caring for and raising the minor child, Dylan Parker McConnell. Respondent has no drug or alcohol problem and any allegation to the contrary is denied. 23. Respondent has stable employment and has been with the same employer for almost one (I) year. Respondent has recently been accepted into the criminal justice educational program at Harrisburg Area Community College for certification as a Corrections Officer. which course of study commences August 25, 2003, Respondent has a stable job and has been providing a stable, nurturing and loving home for her son, Dylan Parker McConnel, and her daughter, Sadie, since each child's birth, 24. The minor child, Dylan, and his sister, Sadie, have a loving relationship. It is Respondent's belief that it is not in the best interest and permanent welfare of Dylan that he be separated from his sister. -5- WHEREFORE, Respondent Elizabeth S, Fox respectfully requests this Honorable Court to vacate its ex-parte Emergency Order entered on July 1,2003 and immediately direct that the minor child, Dylan Parker McConnel, be returned to Respondent/Mother Elizabeth S, Fox and immediately reinstate the Court Order of December 16, 2002 until a full evidentiary hearing can be held on this matter and grant any other relief, including awarding Respondent/Mother counsel fees, costs and expenses for defending against this Petition, Respectfully submitted, REAGER & ADLER, P,C, JOA HARRISON CL GH, ESQUIRE PA ID No,: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Defendant/Respondent DATED: 1- \ 1/0) BY: -6- VERIFICATION I, Elizabeth Fox, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S.A. S4904, relating to unsworn falsification to authorities. Date: t"J- I L( - 03 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy ofthe foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Larry Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 JOANNE HARRISON CLOU Dated: 7 r \ 1-- to)