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HomeMy WebLinkAbout05-2791 FIFILESIDATAFILE\GeoeralICurrem\l I 123. learn Created: 9/20/04 0:06PM Revised 5/261054:IIPM Jennifer L Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WESLEY I. WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- J /1/ CIVIL ACTION - LAW STACEYL WARD, Defendant IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or armulrnent may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WESLEY L WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05- ;)? 1/ CIVIL ACTION - LAW v. STACEYL WARD, Defendant IN DIVORCE AND CUSTODY DIVORCE COMPLAINT UNDER SECTION 3301 (C) or 3301 (0) OF THE DIVORCE CODE 17347. 1. Plaintiffis WesleyL Ward who currently resides at 35 Catalina Drive, Mt. Wolf, PA PA 17025. 2. Defendant is Stacey L Ward who currently resides at 36 South Mont Drive, Enola, 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and Defendant were married on April 15, 2000, in York, P A- 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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 requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. COUNT I REOUEST FOR CONFIRMATION OF CUSTODY UNDER &3104(A)(2) AND 3323 (B) OF THE DIVORCE CODE 9. The prior paragraphs ofthis Complaint are incorporated herein by reference thereto. 10. The parties are the parents of the following unemancipated child who resides with Defendant: Name Isley G. Ward Age 2 years Sex Female Date of Birth July 3, 2002 thereon: II. Since her birth, the child has resided with the parties and at the addresses indicated From To With Whom Addresses August, 2002 Birth Present Mother 36 South Mont Drive, Enola, P A 35 Catalina Drive, Mt. Wolf, P A August, 2002 Parties 12. Plaintiffhas not participated in any other litigation concerning the child in this or any other state. 13. There are no other proceedings pending involving custody ofthe childi n this or any other state. 14. Plaintiff knows of no person not a party to these proceedings who has physical custody ofthe child who claims to have custody, partial custody or visitation rights with respect to the child. 15. The best interests of the child will be served if shared legal and partial physical custody of her is confirmed in Plaintiff WHEREFORE, Plaintiff respectfully requests that, pursuant to SS 3104 (a)(2) and 3323 (b) of the Divorce Code, and the Court enter an Order confirming custody ofthe child in Plaintiff DEARDORFF WILLIAMS & OTTO D.lo S (w [oS By J nni er . Spears, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subj ect to criminal penalties. ~~z LV Wesley I. Wa (j F:WILES\DA TAFILEIGeneraI\CUlTeI1t\11123. J .com %~ \~ "- ~. -t, ~(:\' ~-.-:;:: \,..l '<, ~" '- '- ~~ ~\~ (f', ~ ~ ~ it- \j C'-. \'\ ~ "', \\ '\ \ ~~ . ~ n ~ ~~~.~ " ~~ t l ~ "'.,) '--_.\ (::l ) c:_:~ .-.:.. ~'.... F;\FILES\OAT AFILE\General\ClJrrent\11123.custstip Creilled: 5/9105 2:28PM Revised: 7/7105 4:31PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY 1. WARD, v. NO. 05-2791 CIVIL ACTION - LAW STACEY L. WARD, Defendant IN DIVORCE AND CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. LEGAL CUSTODY I. The parties hereby agree to share legal custody of the minor child, Isley G. Ward, born July 3,2002. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed ofthe progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody ofthe child. Each party agrees to give support to the other in the role as parent and to take into account the consensus ofthe other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other ofthe emergency and consult with hirnJher as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: 2 a. The parties agree that Jones, Daly & Coldron Associates will continue to be the child's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that they each expect the child to attend college and post-high school training if she is a good student with a high probability of gaining entrance and succeeding in college. The parties agree that they shall each be actively involved in the selection of an appropriate post-high school education for the child and that the choice of any college or institution shall be mutually agreed upon by Father, Mother and the child, taking into consideration the parents' then financial ability and economic circumstances, and the child's needs, desires, talents and aptitudes for post-high school education. II. PHYSICAL CUSTODY The parents shall share physical custody of the child. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: I. Father shall have physical custody of the child on the following schedule: (a) Every Tuesday and Thursday from 4:00 p.m. until 8;30 p.m. (b) Every weekend from 9:00 a.m. Saturday through 8:00 a.m. Sunday, excluding Mother's Day; 2. Each parent shall have one week of vacation with the child, not to exceed five consecutive days. Each parent shall give the other a 30 day advance notice of the date of vacation. 3. During the summer months when Father is not working, and upon mutual agreement of the parties. Father has the option to exercise custody of child from 8:00 a.m. until 5:00 p.m. when Mother is working. 4. Thanksgiving Day from 9:00 a.m. until 3:00 p.m. with Mother in odd years and with Father in even years, then from 3:00 p.m. to 9:00 p.m. with Mother in even years and with Father in odd years. 3 5. Christmas Vacation, December 23rd at 4:00 p.m. until December 24th at 5:00 p.m. with Father every year. 6. December 24th at 5:00 p.m. until December 25th at 5:00 p.m. with Mother every year. 7. New Year's from December 31st at 6:00p.m. until New Year's Day, January I st, at 12:00 p.m. with Father in odd years and Mother in even years, the date on December 31 to determine the year. 8. The Easter holiday shall follow the normal schedule set forth in I (b) above. 9. Father's Day from 9:00 a.m. until 8:00 p.m. with Father every year. 10. Mother's Day with Mother every year. II. July 4th from 9:00 a.m. until 9:00 p.m. with Mother in even years and with Father in odd years. 12. Memorial Day shall be with Father in even years and Mother in odd years from 8:00 a.m. until 9:00 p.m. Labor Day shall be with Mother in even years and Father in odd years from 8:00 a.m. until 9:00 p.m. 13. Each parent shall have physical custody ofthe child for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to her parents at any time she desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions ofthis Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than thirty (30) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and 4 partial custody in light ofthe changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. UJiJ Wesley I. Ward 7 Je if, . Spears, Esquire Attorney for Plaintiff Date: , J. 5 0 ,.., ~ c ~ -;;'" ""OtJ1 r:: ~:!l r'rlffl ;?:.~( Ci"> Iii tic 1 ~~ )}-, ?l~~: 0:> ''P -- ~ ~:rl Zl..~;' qo $U C2 4"--("0 c: C::~ z ?Q :2 w N :.< .. . WESLEY L WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2791 CIVIL ACTION - LAW STACEYL. WARD, Defendant IN DIVORCE AND CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Wesley L Ward, an adult individual currently residing at 35 Catalina Drive, Mt Wolf, Pennsylvania. 2. Defendant is Stacey L. Ward, an adult individual currently residing at 36 South Mont . Drive, Enola, PA 17025. 3. Plaintiff seeks custody of the child, Isley G. Ward, who was born on July 3, 2002. The child was not born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: From To With Whom Addresses August, 2002 Present Mother 36 South Mont Drive, Enola, PA Birth August,2002 Parties 35 Catalina Drive, Mt Wolf, PA 4. The relationship ofthe Plaintiff to the child is that offather. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Kathy Ward Bill Ward Mother Father 5. The relationship ofthe Defendant to the child is that of Mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Isley G. Ward Daughter 6. The parties have not participated in previous litigation concerning the custody ofthe child in this court or any court. 7. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. ------ . > 8. The best interests of the child will be served if shared legal and partial physical custody of her is confirmed in Plaintiff. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time anI! place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO By Jennifer 1;';. S ears, Esquire Ten East High Street Carlisle, P A 17013 (7\7) 243-3341 Attorneys for Plaintiff Date: ~ rl\O> , . . ... . VERIFICATION The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that th~ document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES\DAT AFtLE\GenerallCurrentll J 123.l ,cuscom W~l~~~ 0 ..... 9, "'~ c CO" ~: "" <- .... ~;~,..f: c:: ff.:n -.-7 .' ,-,,0> -of;; ~- :;';;:1. -,DO U\ 0 r:) L .,"' =......C> l..~: ..", ~C::;l .Co- s.-:;(~ ~h': =z: (,0 Om --I -y .". 3. ""',) <0 W '-< I r F:\FILES\DATAFILE\General\Current\! 1123,l.aos Created: 9/20/04 0:06PM Revised: 6/8/05 II :30AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff WESLEY 1. WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2791 CIVIL ACTION - LAW STACEY L. WARD, Defendant IN DIVORCE AND CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Elizabeth B. Stone, Esquire, attorney for Defendant Stacey L. Ward in the a~ove-~oned action, hereby accept service of the Divorce Complaint in the above action on () Iv / J_\ on her i ! behalf and certify that I am authorized to do so. STONE LAP AVER & SHEKLETSKI By /j / ,;.(.' , " Elizabeth B. one, &quire / treet / New C berlans;t, P A 17070 eys for ~~fend~t ------- Date: , l / 1-,..______ f, /,~ /}, ;' i..,:\ .... f ,f ;: , / // ~ = cJl ~ s:; ~. - W -0 -'. ..;;- -------- ,.------- ~ -t :t:-n rl1 e. -0\ .~ :DO C)C-' :.:;.j -1~ ~:~; T.~ Om o-;~ ~rJ :..< r;-? (Jl ......1 "'.-....-----.---- WESLEY L WARD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2791 CIVIL ACnON LAW STACEY L. WARD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 15, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Coonty Courthonse, Carlisle on Tuesday, July 05, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Ail children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds lor entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl lacqueline M. Verney. Esq. 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. Ail 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ----- ~~~ ~~~~ >>?/~ ~~~ ~1h5c?~'''? ~~4Z ,...."p1>~'~-:TP 5C1-?/'7 V!\,!'~//(lAS!\JN~d , ",,",~r ,-""" ,.", """, A..L.1~i :1.:, ( , ., I:' .,. "~- 'Ii 1''''; 01 :2 t!d 91 Nflf SOOl AdVlOiDHiOUd 3Hl :10 3JLm-<ml:l os- - d-/9/ (!t'C/; L ~V2-.~ rl\')'1'1\OPli"u."''i,,\>;-''G MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of , 2005, by and between STACEY L. WARD, of Cumberland Co Pennsylvania, (hereinafter referred to as "Wife"), and WESLEY I. WARD, of York County, Pennsylvania, (hereinafter referred to as "Husband"); WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on April 15, 2000; and WHEREAS, one child has been born of this marriage, ISLEY GRACE WARD, born on July 3, 2002; and WHEREAS, diverse unhappy differences, disputes and difficulties . have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband -1- by Wife; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. Advice of Counsel. Each party has been represented by an independent attorney, who was selected by the party whom he or she represents, in the negotiation and preparation of this agreement. -2- This agreement has been fully explained to each party by that party's attorney. Each party has carefully read this agreement and is com- pletely aware, not only of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of -3- such other, of whatever nature and wheresoever situate, which she or he 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 or curtesy, or claims in the nature of dower or curtesy of 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 (al Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Wife and Husband 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 -4- which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obliqations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. -5- 8. Automobile to Husband. The parties agree that Husband shall be the sole owner, free and clear from any claim on the part of Wife, the 2004 Nissan Ultima 2.5SE. 9. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, 2003 Saturn Ion 3. Both parties agree to cooperate fully, if necessary, with the signing of any and all documents necessary to transfer title and interest. 10. Proper tv Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 11. Real Estate. Prior to the final execution of this agreement, the parties agreed that Wife shall remain in the marital home and shall attempt to refinance the home situate at 36 Southmont Drive, Enola, Pennsylvania, 17025, which is currently the only real property jointly owned by them. The Wife, as of the date of this -6- agreement, has been approved for financing, and the Husband agrees to the following: Wife agrees to refinance the home and pay to Husband his one-half share of the equity in the marital property after the following conditions are met: A. The balance due on the mortgage ($104,000) given by the parties shall be paid in full first. B. All closing costs associated with the conveyance of the real estate shall be paid in full from the refinancing. c. Wife agrees to give to Husband and Husband agrees to accept as payment in full and in full satisfaction of all outstanding claims and accept as his share of th~ ~qUitable distribution of the marital ,~JJ horne, the amount of $6,000XWI1VlIV\-\-€.v'\CIO)dtlyS o-r ~ ~uae<;\f1:,\ re(;VIMc..e.., , D. Husband agrees to sign any and all real estate documents to facilitate the transfer of this right, title and interest in this real estate property. E. Husband hereby agrees to convey, transfer and grant to Wife his right, title and interest in the real estate situated and located 36 Southmont Drive. The refinancing of this marital property shall Occur no later than 90 days from the date of this agreement. Both parties are -7- satisfied that this finalizes their agreement with respect to the division of the assets and equity acquired in the marital residence. From the date of this agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, insurance claims, damages or other expenses incurred in connection with said premises, and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. 12. Waiver of Alimony. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves suffi- cient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 13. Child Support. Husband agrees to pay to Wife the sum of $315.00 every two weeks (Husband gets paid on Thursdays) as child support for their daughter. MQ-rhr.r h.J.o t-'Llrnary CU0LuUy u.uJ. ,:~Il~u.ll Le~ In ~nt-;t-lprl t-r\ ~l--'~rn rho ~bilg 38 R9I Eiz:.p<:..~"J.cuL 1....,1:: ;].11 tal[ 1<:.<...<.J....::>. the event that there is a breach by either party, both parties reserve the right to seek enforcement for support through the Cumberland -8- County Domestic Relations Office. Both parties agree to accept the calculations and support amount as provided by the Domestic Relations office using the current Pennsylvania State Guidelines. 14. Pensions and Retirement. Wife hereby waives any and all claim, right, or interest which she may have in any pension or retirement, or other tax deferred savings account that Husband may have. Husband hereby waives any and all claim, right, or interest which he may have in any pension, retirement, or other tax deferred savings account that Wife may have. 15. Medical Insurance. Wife agrees to provide medical insurance for the child with a policy containing minimum provisions as would be covered by a standard Blue Cross - Blue Shield policy. Husband shall be obligated for 50% and Wife shall be obligated for 50% of any uninsured or extraordinary medical expenses for the child. Both parties agree to share equally for all dental and orthodontic expenses not covered by insurance for Isley. 16. Consultation. Husband and Wife shall have shared legal custody of the child and agree to confer with each other on all matters of importance relating to the children's health, maintenance and education with a view towards obtaining and following a harmonious -9- policy in the children's best interests and shall keep Husband informed of the progress of the children's education and social adjustments. 17. Dependencv Exemptions. Husband and Wife agree to rotate the federal child dependency exemptions for Isley Grace Ward every other with Wife claiming odd numbered tax years and Husband claiming even numbered tax years. 18. Custody. The parties have previously signed a Stipulation for an Agreed Order of Custody that will be filed with the Court of Common Pleas of Cumberland County. It is the intention of the parties to remain as flexible as possible so as to serve the bests interests of the child. It is the intention of both parties to share equally in the decision making processes of raising their children. 19. Life Insurance Policy. The parties agree to maintain life insurance policies naming Isley as the sole beneficiary and naming an appropriate trustee to manage the proceeds for the benefit of the minor child. The purpose of these policies is to ensure that the child will be properly taken care of in the event of either of the parent's death. 20. Payment of Attornev Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the -10- full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 20. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. -11- 21. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 22. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 23. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 24. Future Earninqs. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such -12- income, earnings or other property so received or acquired by the other. 25. Waiver of Riqhts. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 26. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 27. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. -13- 28. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 29. Aqreement Bindinq on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 30. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 31. Headinqs. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. -14- IN WITNESS WHEREOF, the parties have hereunto set their hands and STACEY L. WARD (SEAL) !:c1;;f ~Q (SEAL) -15- COMMONWEALTH OF PENNSYLVANIA // / 1 ' COUNTY OF ((i'nL /xJd,/ ( On this, /;1' t~ day of 1l-:i:,.1- ,2005, before me a Notary Public, personally appeared WESLEY I. WARD, kno to me to be the person whose name IS subscnbed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. : SS IN WITNESS WHEREOF, I bore""'" ~l my rum!":'. "ffid. ~. /zku~ " Notary Public NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PUBLIC CARLISLE BORO. CUMBERLAND COUNTY MY COMMISSIO~ EXPIRES DEC. 2 2006 COMMONW~ENNSYLVANIA COUNTY OF , ~JarndJ On this, the ) /~ of appeared STACEY L. WARD, kno n within Marriage Settlement Agreeme purposes therein contained. : SS , 2005, before me, a Notary Public, personally o me to be the person whose name is subscribed to the and acknowledged that she executed the same for the IN WITNESS WHEREOF, I hereunto set COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL . DANIEL M HARTMAN, Notary, Pdb~g \ New Cumberland Boro.. CUJmbe~r2009' My Commission Expires an. , , ,C;:"'''''''~:11 (-) ~~~ (~:~ 0 c." "11 C"-" .-< I' I -\) r'il I -~ lJ:J , ,I ~ :~,~-.. :_'0 1'.:' .< F-\FILES\DATAFILE\Gennal\Cllll'<'lll\1112_\_lcolIsem Created: S/,,0/05 J,JOPM Revised: 8/30105 J32PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff WESLEY L WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-279] CIVIL ACTION - LAW STACEY L WARD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. May 27, 2005. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on 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. S 4904 relating to unsworn falsification to authorities. Date: 9/!3/6r' I , MZ/~. Wesley 1. Wa tl, Plaintiff o c: "';:0' -0 [15 ffHT~ ...,..1." J-.-; 2\1:. <:0 Y.'~, ~C, :i:C. L;..O 5>c: ~ r-> = = ..,.. ~ -0 ~ ~~ -=Be? Ui Ot? ~~1 '40 5m -"1 Cl ~ ..0 -0 :x is? Jennifer L Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WESLEY 1. WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-0} 7'1 J CIVIL ACTION - LAW STACEY L. WARD, Defendant IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330Hc) AND & 330Hd) OF THE DIVORCE CODE I. 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 i[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 ofthe 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. S 4904 relating to unsworn falsification to authorities. Date: ~/3 /os ??~,z ~ Wesley 1. War, Plaintiff 8 "" ~ 15 s: "" iReD 0) ~ .~:o.;f~1 ~ mj!! "'_:.1._' Zr"- - lJg C/) ,l:-: -<.," en Q kt' ""1:> ~..; 5:c; . :TJ ::!:: OC) ~C) is> 2m c:" 0 ?; 0 ;g -, \D -< [l\d~v\WARD,STACEY-affofconsent WESLEY I. WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2791 STACEY L. WARD, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on May 27, 2005, and served on June 6, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. 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 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. S 4904 relating to unsworn falsifica- tion to authorities. ~ 61). dcv~ Date 9ta . VAL STACEY L~D' Defendant ,...":'J r~ ( r, ~/. . 'c'd -J ~'": ....,0 ~ ... rv fl\div\WARD,STAC8Y-waiverofnotice WESLEY I. WARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2791 STACEY L. WARD, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsi fica- tion to authorities. S"~L~~ !::!::, ~1lQ- SOl J.oo~ Date ,,' = e:,::) ~ >:") r.-'i A"C. \..0 ~ - N F-IFlLESIDATAFlLE\GeneraIICurrenII11123.1_pral Created: 8130105 3:30PM Revised, 9120105 100PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY I. WARD, v. NO. 05-2791 CIVIL ACTION - LAW STACEYL. WARD, 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: I. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Attorney's Acceptance of Service dated June 9, 2005. 3. Date of execution ofthe Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; September 3,2005; by the Defendant; August 30, 2005. 4. Related claims pending: All claims have been resolved. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: September 15, 2005. Date Defendant's Waiver of Notice III S3301(c) Divorce was filed with the Prothonotary: September 7,2005 MARTSON DEARDORFF WILLIAMS & OTTO By Jenni er L Spears, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 20, 2005 (") C ;i'" --.--'-' r.i~ i:'::- "'";)- (.':1 E~ ~_: "'~:.:: J' s;;:~?~': :j "" = = <.n CI) rT1 " N o .... :Ii m" -oF;:; :"0 ')6 ~,; (J ::D ::~~() om "j;! ~ J> ::r.: 'f? N .::- ~ .~ ~ ~ 51/,5<::.,9 ~ r ~/"fT~>11"~ -rv 5rNC"O ....! F. .. '- '. ~,' .,.' . ' :It . ' RECEIVED OCT 11 Z005 fr7Y WESLEY I. WARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2791 CIVIL TERM STACEY L. WARD, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 11th day of October, 2005, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, , ~\.V~ ine M. Verney, Esquire, Cust dy Conciliator I" .-' v I 21 1'10''''07 ::J .~', ,..;C _,-; :J.l.1u... - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UJt5/fA[ kf/ Ciw' IL s ~:;:; Vs Sfacey Lynn ()juL Defendant File No. 013- ;71/ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marIdng ''x''] ~ prior to the entry ofa Final Decree in Divorce, ~ or -I-- after the entry of a Final Decree in Divorce dated t- ~ ~ ~40r hereby elects to resume thep~~sumame Of~ L, Stc.f/eI' , and gives this written notice avowing his / ~tention pursuant the provisi ns of 4 P.S. 704. Date: JlM'Le 1 ~J ~ 001 COMMONWEALTH OF PENNSYL VANIA ) COUNTYO~/"'~' 1A..i) ~ On the 4- day of J (,{hV~ , 200k before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / ~xecuted the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. dx:6eJ !~:: ~ ~ = 0 = --;'i CF' \ ..J ~ ~ ,,-0 "'- ~ "b -n 'V ~ ~ ~ ~ r'" C,\J ~ 0 '-1 t'-. c..; ~ ~ " V & ';1_1, ,; :