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HomeMy WebLinkAbout06-0004Amelia S. Weaver, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. : CIVIL ACTION Gregory A. Weaver, : NO. 06-0y Defendant : IN DIVORCE N O T I C E T O D E F E N D 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 at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Amelia S. Weaver, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. CIVIL ACTIO?, Gregory A. Weaver, : NO. 06 • vY m T Defendant : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage ,counselors is available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Amelia S. Weaver, Plaintiff VS. Gregory A. Weaver, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTI : NO. 06 - 0Y &'i -le- : IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Amelia S. Weaver, a citizen of Pennsylvania, residing at 303 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Gregory A. Weaver, a citizen of Pennsylvania, residing at 5157 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are suijuris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on January 9, 1999, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' &'Sailors' Civil Relief Act of the Congress of 1940 land its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code ?9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 111. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code The prior paragraphs of this Complaint are incorporated herein reference thereto. 114. The marriage of the parties is irretrievably broken. 5. After ninety (90) days have elapsed from the date of the filing f this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint,) Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived pseparate and apart. Z0. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of ration and Plaintiff has filed her affidavit, Plaintiff ectfully requests the Court to enter a Decree of Divorce, uant to 3301(d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT V Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is unable to sustain herself during the course of litigation. 6. Plaintiff lacks sufficient property to provide for her easonable needs and is unable to sustain herself through ppropriate employment. 27. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor. COUNT VI Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 28. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 29. Plaintiff has employed Mary A. Etter Dissinger, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 30. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VII Request for Confirmation of Custody Under 3104 of the Divorce Code 31. The prior paragraphs of this Complaint are incorporated herein >y reference thereto. 2. Plaintiff is Amelia S. Weaver, residing at 303 Gettysburg Pike, echanicsburg, Cumberland County, Pennsylvania. 33. Defendant is Gregory A. Weaver, residing at 5817 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 34. Plaintiff Mother seeks custody of the following child: Name Present Residence Age Noah G. Weaver 303 Gettysburg Pike, Mechanicsburg DOB 9/28/0 35. The child was not born out of wedlock. 36. The child is presently in the custody of Plaintiff Mother who resides at 303 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania. 37. During the past five years, the child has resided with the following persons at the following addresses: (Person IPlaintiff IDefendant Address 303 Gettysburg Pike Mechanicsburg, PA 303 Gettysburg Pike Mechanicsburg, PA Date 9/28/04 (birth) to present 9/28/04 (birth)to c.8/20/05 38. The mother of the child is Amelia S. Weaver, Plaintiff who currently resides at 303 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania. 39. She is married to Gregory A. Weaver, Defendant. 10. The father of the child is Gregory A. Weaver, Defendant who -urrently resides at 5157 Trindle Road, Mechanicsburg, Cumberland -'ounty, Pennsylvania. ?41. He is married to Amelia S. Weaver, Plaintiff. 42. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the child of the parties. 43. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with his parents. 44. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 45. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 46. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 47. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff mother has been the primary caregiver to the child since birth and has a strong maternal bond formed with the child of the parties. 48. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and jthe right to intervene: NONE. 1 49. Defendant shall have the right to reasonable and liberal visitation with the child. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody to Plaintiff and that Defendant be granted reasonable rights of visitation. Respectfully submitted, DISSINGER and DISSINGER Mary A. Etter Dissinger, Es re Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Amelia S. Weaver, verify that the statements made in the Divorce Complaint 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. Amelia S. Weaver, Plaintiff i^? ?-' n ?,, ti ? R,, U t a1 n `- v. <7 ?; M ? ?? r ?ti ?? ? T- CY C'j1 1 M1? A. ?? ???_ .i ? . ??7 ?„ ?\ a h, ?J ?.i r:.. ?? ?, N ?r, M1~ <?_ U= `J C? -T1 •- i ..,: T` ',f i.:( 1 :`i_ Amelia S. Weaver, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION Gregory A. Weaver, : NO. 0 a 09i Defendant : IN DIVORCE AFFIDAVIT OF NAILING COMMONWEALTH OF PENNSYLVANIA . ss .. COUNTY OF CUMBERLAND Mary A. Etter Dissinger, attorney for Plaintiff, Amelia S. Weaver, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated January 9, 2006, attached hereto as Exhibit "A". ?',?Jt ?-.., /A ld-t-r;???''- -cam---. -.a .? Mary At. Etter Dissinger,jEsq. Attorney for Plaintiff Supreme Court ID #27736 28 North Thirty-second Street Camp :Hill, PA 17011 (717) 975-2840 Sworn to and subscribed before me this 10th day of January, 2006. Notary Public NOTARVLL SEAL _ Aw*nEPERKM Moray PRDIK: CAWN U BOAOtroK CLh18ftAID000W M/ camwaan 6gWM Jd rt. x009 -7 i; - LJ i 73F r { i lY" I ¦ Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiac% or on the front If space Permits. 1. Article Addressed to; Recey/ed h (Pa ted Name) If YES, n20JM-9 C. Date of Delivery '1?? Yes N IW, o 4-?. ? r. ?rnyoTry ?1_1?.7ecwer I '??-; 5 i5 7 1 c m?'e KCL L 3. Se-vice Typo r tr,obfied Mail 0 Fxprees Mall P eckan ?C SAO"er nft (-7 O s0 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fe9) 2. Article Number 7002 0860 0004 2518 7479 (Tmsferfram service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-*15Q EXHIBIT "A" ', t, _, -? ,,.? ?? ... _„ .?: ?i .i ca .. AMELIA S. WEAVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY A. WEAVER DEFENDANT 06-04 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NO W, _ Tuesday, January 10, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February 07, 2006 at 11:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, 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 information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ai4 L.I }.1 1 .,an (. r ?? I , }t API J???LL 'w r. -.' '71 ci / Amelia S. Weaver, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Gregory A. Weaver : CIVIL ACTION : NO. 06-04 Defendant : IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S CONSOLIDATED COMPLAINT IN DIVORCE AND COUNTER CLAIMS AND NOW, comes Defendant Gregory A. Weaver by and through his attorney the Law Office of Darrell C. Dethlefs responds to Plaintiff's Consolidated Complaint in Divorce as follows: Admitted 2. Admitted. It is admitted that Defendant is residing at 5157 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania on a temporary basis. 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted COUNTI Request for a Fault Divorce Under 3301 (a) (6) of the Divorce Code 9. Admitted. It is admitted that the prior paragraphs of this Complaint and answer in this matter are incorporated herein by reference thereto. 10. Denied. It is specifically denied that Defendant has offered such indignities to the Plaintiff who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. Strict proof to the contrary is demanded at the time of hearing. 11. The averment as set forth in paragraph 11 constitutes as a conclusional law to which no response is required. 12. Admitted WHEREFORE, Defendant respectfully requests that the Court dismiss Plaintiff's request for divorce pursuant to 3301(a)(b) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301 (c) of the Divorce Code 13. Admitted. It is admitted that the prior paragraphs of this Complaint and answer in this matter are incorporated herein by reference thereto. 14. Admitted 15. Admitted 16. Admitted WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Defendant respectfully requests the Court to ender a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301 (d) of the Divorce Code 17. Admitted. It is admitted that the prior paragraphs of this Complaint and answer in this matter are incorporated herein by reference thereto. 18. Admitted 19. Admitted 20. Admitted WHEREFORE, if two (2) years have elapsed from the date of separation and Defendant has filed his affidavit, Defendant respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (c) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. Admitted. It is admitted that the prior paragraphs of this Complaint and answer in this matter are incorporated herein by reference thereto. 22. Admitted 23. Admitted WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502 (a) of the Divorce Code. COUNT V Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 24. Admitted. It is admitted that the prior paragraphs of this Complaint and answer in this matter are incorporated herein by reference thereto. 25. Denied. It is denied that Plaintiff is unable to sustain herself during the course of litigation. To the contrary, Plaintiff is gainfully employed. Strict proof to the contrary is demanded at the time of hearing. 26. Denied. It is denied that Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. Strict proof to the contrary is demanded at the time of hearing. 27. Denied. It is denied that Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. Strict proof to the contrary is demanded at the time of hearing. WHEREFORE, Defendant requests that the Court dismiss Plaintiffs request for Alimony Pendente Lite until final hearing and deny Plaintiff's request for Alimony. COUNT VI Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502 (e) and 3702 of the Divorce Code 28. Admitted. It is admitted that the prior paragraphs of this Complaint and answer in this matter are incorporated herein by reference thereto. 29. Admitted 30. Denied. It is denied that Plaintiff is unable pay the necessary counsel fees, costs and expenses and Defendant is more able to pay them. To the contrary, Plaintiff is gainfully employed. Strict proof to the contrary is demanded at the time of hearing. WHEREFORE. Defendant requests the Court to dismiss Plaintiff's request for temporary counsel fees, costs and expenses, prior to final hearing. Additionally, Defendant requests that the Court dismiss Plaintiffs request for reasonable counsel fees, costs and expenses after final hearing. COUNT VII Request for Confirmation of Custody Under 3104 of the Divorce Code 31. Admitted. It is admitted that the prior paragraphs of this Complaint and answer in this matter are incorporated herein by reference thereto. 32. Admitted 33. Admitted. It is admitted that Defendant is Gregory A. Weaver, who temporarily resides at 5817 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 34. Admitted in part and denied in part. It is admitted that per her complaint, Plaintiff is seeking custody of Noah G. Weaver, date of birth September 28, 2004. It is denied that Plaintiff is entitled to custody under the terms as set forth in her consolidated complaint. 35. Admitted 36. Denied. It is denied that the child resides solely in the custody of Plaintiff mother. 37. Admitted in part and denied in part. It is admitted that during the past five years the child has resided with Plaintiff and Defendant. By way of further answer, the child did reside3 with Plaintff and Defendant at 1217 N. 3r° Street, Harrisburg, Pennsylvania from birth until April 15, 2005. It is denied that the child has not resided with the Defendant father since C. August 20, 2005. The child has resided with Defendant at 5157 Trindle Road, Mechanicsburg, Pennsylvania from C. August 20, 2005 to present. 38. Admitted 39. Admitted 40. Admitted. It is admitted that the father of the child is Gregory A. Weaver, Defendant, who temporarily resides at 5157 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 41. Admitted 42. Admitted in part and denied in part. It is admitted that the relationship of Plaintiff to child is that of natural mother. It is denied that the child of the parties currently exclusively resides with Plaintiff. 43. Admitted in part and denied in part. It is admitted that the relationship of Defendant to the child is that of natural father. It is admitted that the Defendant currently resides with his parents temporarily and with the child. 44. Admitted 45. Admitted 46. Admitted 47. Denied. It is denied that the best interest and permanent welfare of the child will be served by granting the relief requested. It is further denied that Plaintiff mother has been the primary caregiver to the child since birth. It is denied that mother's bond with the child is stronger than father's bond with the child. 48. Admitted 49. Denied. It is denied that the only contact father should have with the child is the right to reasonable and liberal visitation with the child. WHEREFORE, Defendant respectfully requests that the Court deny Plaintiffs request for primary custody and award equal / shared custody to the parties. COUNTER CLAIM I Request for Alimony Pendente lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 50. The responses as set forth in paragraphs 1-49 of Defendant's response are incorporated herein by reference thereto. 51. Defendant is unable to sustain himself during the course of litigation. 52. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 53. Plaintiff has the means and ability to pay Alimony Pendent elite and Alimony to Defendant. WHEREFORE, Defendant requests the Court to enter and award of Alimony Pendente lite until final hearing and thereupon to enter an order of Alimony in his favor. COUNTER CLAIM II Request for counsel fees, costs and expenses under 3104, 3323, 3502 (a) and 3702 of the Divorce Code 54. The prior paragraphs of this pleading are incorporated herein by reference 55. Defendant has employed Michael J. Pykosh of the Law Office of Darrell C. Dethlefs to represent him in this matrimonial case. 56. Defendant is unable to pay the necessary counsel fees, costs and expenses and Plaintiff is more able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Respectfully submitted, Michael J. y osh Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 ID # 58851 (717) 975-9446 (717) 975-2309 fax VERIFICATION I, Gregory A. Weaver, verify that the statements made in the answered to the consolidated Divorce Complaint and counter claims 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. Gregor?A. Weaver, Defendant r" ?) f__ _ :I -i ?, -7 r_ t."> i _' r,' y R_MVED MAR 10 h,5 AMELIA S. WEAVER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-04 CIVIL ACTION LAW GREGORY A. WEAVER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14 ?- day of 04 ,-) C. L , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Courthouse on the 3/_g4-__day of , 2006, at 9=3J o'clock a_ in., at which time testimony will be taken. For purposes f the hearing, the Mother, Amelia S. Weaver, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. The Mother, Amelia S. Weaver, and the Father, Gregory A. Weaver, shall have shared legal custody of Noah G. Weaver, born September 28, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. Pending the hearing scheduled in this Order and further Order of Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the following schedule: A. Until such time as a hearing date is issued by the Court, the parties shall equally share having physical custody of the Child by continuously alternating three segments of the week, with the first segment running from Monday through Tuesday, the second segment running from Wednesday through Thursday and the third segment running from Friday through Sunday. B. From the time of receipt of the notice of the hearing date through the date which is half way between the notice and the actual hearing date, the parties shall follow the schedule set forth in the preceding paragraph. b:R hvk',3NN3d 2 Hd 91 Rw909Z AClyi ANC;; ?0;':a 3Ni 3o C. From the date which is halfway between notice of the hearing date and the hearing, the parties shall follow the original schedule established by agreement between the parties at the date of separation which is the following biweekly schedule: During Week 1, the Mother shall have custody on Sunday, Monday and Tuesday, the Father shall have custody on Wednesday and Thursday and the Mother shall have custody on Friday and Saturday. During Week 2, the Father shall have custody of the Child on Sunday and Monday, the Mother shall have custody on Tuesday, Wednesday and Thursday and the Father shall have custody on Friday and Saturday. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In even numbered years, the Father shall have custody of the Child on Christmas Eve from 2:00 p.m. until 8:00 p.m. and the Mother shall have custody from Christmas Eve at 8:00 p.m. through Christmas Day at 8:00 p.m. In odd numbered years, the Father shall have custody of the Child from Christmas Eve at 2:00 p.m. through Christmas Day at 11:00 a.m. and the Mother shall have custody on Christmas Day from 11:00 a.m. until 8:00 p.m. B. Thanksgiving: The parties shall alternate having custody of the Child on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. with the Father having custody in even numbered years and the Mother having custody in odd numbered years. C. Easter: The Father shall have custody of the Child every year on Easter Sunday from 9:00 a.m. until 8:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 8:00 p.m. E. Remaining Holidays: The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for vacation each year for up to one week upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. BY THE COURT, cc: Mary A. Etter Dissinger, Esquire -Counsel for M er yw? ca{ Michael J. Pykosh, E,sgquirre?- Counsel for Father Al"" 3.1 7. 0 (, L? AMELIA S. WEAVER Plaintiff VS. GREGORY A. WEAVER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-04 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Noah G. Weaver September 28, 2004 Mother 2. A custody conciliation conference was held on March 6, 2006, with the following individuals in attendance: The Mother, Amelia S. Weaver, with her counsel, Mary A. Etter Dissinger, Esquire, and the Father, Gregory A. Weaver, with his counsel, Michael J. Pykosh, Esquire. 3. The Mother filed this Complaint for Custody seeking primary physical custody of the Child, as the parties had been following an informal arrangement since their separation in August 2005. 4. The parties acknowledged that they had established an informal agreement at the time of their separation under which the parties exchange custody of the Child every few days, with the Mother having one more overnight period of custody than the Father each week. The parties also acknowledged that during the last three months there had been agreed upon changes to that schedule due to the Mother's unavailability for various reasons which resulted in the Father having custody of the Child for at least if not more than half the time. The Mother seeks to confirm the original agreement through an Order of Court under which she has custody for the majority of the time and the Father seeks an equally shared arrangement which had been more the case in the last few months. While the parties seem to agree that an equally shared arrangement may be acceptable now, as the Child is one and a half years of age, the barrier to entering into such an agreement at this point was the concern over establishing a status quo which would be in effect at the time the Child begins kindergarten in four years. Therefore, the parties were unable to reach an agreement and it will be necessary to schedule a hearing. 5. The Mother's position on custody is as follows: The Mother believes that she was the primary custodian under the initial agreement the parties had established as she had an additional overnight period of custody each week. The Mother expressed concern that if she now agrees to an equally shared arrangement, she would lose a presumption that the Child would attend kindergarten in her school district in four years when the Child is of school age. The Mother believes that a primary custodial arrangement would be more beneficial for the Child in terms of stability when he begins school. The Mother believes that if she were to agree to a shared custody schedule until the Child reaches school age, she would lose her status as primary custodian and consequently the presumption that the Child would attend school in her school district. The Mother would like to confirm by Court Order the custody arrangement established by agreement between the parties at the time of their separation, under which the Mother has custody of the Child during four days each week and the Father has custody for three. The Mother believes that the parties have essentially been following that schedule during the last three months as well with minor adjustments made by agreement to address special circumstances as they arose. 6. The Father's position on custody is as follows: The Father believes it would be best for the Child to have an equally shared custodial arrangement both until the Child reaches school age and thereafter. The Father believes it is important for the Child to spend as much time as possible with both parents. The Father indicated that while the parties' original agreement provided the Mother with an additional day each week, in actual practice, the Father has had custody of the Child for the majority of the time over the past three months. The Father does not believe it would be fair to either him or the Child to decrease the time they have been spending together. The Father does not believe it is necessary to base the current schedule on concerns regarding the Child's enrollment in school as the Child is only one and a half years of age at this time. The Father believes the school issue should be addressed closer to the time the Child will be enrolled in kindergarten. The Father seeks shared custody of the Child on an equal basis. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the primary/shared custody schedule, and reflecting the parties' agreement on a holiday schedule as well as the conciliator's recommendation for a basic schedule pending the hearing. It is expected that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator AMELIA S. WEAVER, Plaintiff PENNSYLVANIA V. GREGORY A. WEAVER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, NO. 06-04 CIVIL CIVIL ACTION -LAW : IN CUSTODY JOINT MOTION TO ADOPT STIPULATION AS TO CUSTODY AND NOW, comes Gregory A. Weaver by and through his attorney, Michael J. Pykosh of the Law Office of Darrell C. Dethlefs and Plaintiff Amelia S. Weaver by and through her attorney, Mary A, Etter Dissinger of the Law Office of Dissinger & Dissinger who aver as follows: 1. Plaintiff Amelia S. Weaver is an adult individual residing at Bossler Avenue, Lemoyne, Pennsylvania 17055 hereinafter sometimes referred to as "Mother" 2. Defendant Gregory A. Weaver is an adult individual residing at 303 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, hereinafter sometimes referred to as "Father." 3. Mother and Father are the natural parents of Noah G. Weaver, born September 28, 2005. 4. Mother and Father have agreed to the terms of custody relative to Noah G. Weaver pursuant to the attached Stipulation as to Custody. WHEREFORE, Plaintiff and Defendant respectfully request that the Court adopt the attached Stipulation as to Custody relative to the minor child Noah G. Weaver. Respectfully Michael J..Pk Attorney f r D fendant Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 _Je" ,rl G Mary A. Etter Dissinger Attorney for Plaintiff Law Office of Dissinger & Dissinger 28 North Thirty-Second Street Camp Hill, PA 17011 AMELIA S. WEAVER, Plaintiff V. GREGORY A. WEAVER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-04 CIVIL CIVIL ACTION -LAW IN CUSTODY STIPULATION AS TO CUSTODY AND NOW, this day of MUu 2006, it is hereby stipulated and agreed between the parties as follows: 1. Amelia S. Weaver is an adult individual residing at Bossler Avenue, Lemoyne, Pennsylvania 17055, hereinafter referred to as "Mother." 2. Gregory A. Weaver is an adult individual residing at 303 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as "Father." 3. Noah G. Weaver, born September 28, 2005 is the natural child of Amelia S. Weaver and Gregory A. Weaver. Noah G. Weaver shall be hereinafter referred to as "Child." 4. Mother and Father shall have shared legal custody of the Child. 5. Physical custody of said child shall be shared on a fifty/fifty (50/50) basis by the mother and father by alternating Week 1 and Week 2 as set forth below: a. Week 1. Father shall have custody of the child from Monday at 9:00 a.m. until Wednesday at 9:00 a,m. Mother shall have custody of the child from Wednesday at 9:00 a.m. until Friday at 9:00 a.m. Father shall have custody from Friday at 9:00 a.m. until Monday morning at 9:00 a.m. b. Week 2. Mother shall have custody of the child from Monday at 9:00 a.m. until Wednesday at 9:00 a.m. Father shall have custody of the child from Wednesday at 9:00 a.m. until Friday at 9:00 a.m. Mother shall have custody from Friday at 9:00 a.m. until Monday morning at 9:00 a.m. Page 1 of 3 6. The parties shall share or alternate having custody of the Child on holidays as follows: a. Christmas: In even numbered years, the Father shall have custody of the Child on Christmas Eve from 2:00 p.m. until 8:00 p.m. and the Mother shall have custody from Christmas Eve at 8:00 p.m. through Christmas Day at 8:00 p.m. In odd numbered years, the Father shall have custody of the Child from Christmas Eve at 2:00 p.m. through Christmas Day at 11:00 a.m. and the Mother shall have custody on Christmas Day from 11:00 a.m. until 8:00 p.m. b. Thanksgiving: The parties shall alternate having custody of the Child on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. with the Father having custody in even numbered years and the Mother having custody in odd numbered years. C. Easter: The Father shall have custody of the Child every year on Easter Sunday from 9:00 a.m. until 8:00 p.m. d. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 8:00 p.m. e. Remaining Holidays: The parties shall share of alternate having custody of the Child on the remaining holidays as arranged by agreement. f. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. Each parent shall provide the other with the address of their respective residences and the telephone number of said residence. The parents shall keep each other informed of all medical appointments and other problems pertaining to the children. Page 2 of 3 Both parties hereto agree that if they are not able to perform their specific custody obligation as set forth above, the other party hereto shall be given the first right of refusal. 10. Each party shall be entitled to have custody of the Child for vacation each year for up to one week upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 11. The parties hereby agree that the terms of this Stipulation shall be entered as an Order of Court by the Court of Common Pleas of Cumberland County, Pennsylvania. Mother - Amelia S. Weaver 5 Jl?'?o(- Date Date Amelia S. Weaver Page 3 of 3 Father - Gregory A. Weaver 0 ?r m y. ;.:: J 1't7 _ CO MAY 2 5 2006?00' AMELIA S. WEAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-04 CIVIL GREGORY A. WEAVER CIVIL ACTION -LAW Defendant IN CUSTODY ORDER AND NOW, this Z ( day of yti(? 7 , 2006 in consideration of the Joint Motion to Adopt Stipulation as to custody in the above captioned matter, the Stipulation by and between Plaintiff Amelia S. Weaver and Defendant Gregory A. Weaver relative to their child Noah G. Weaver is hereby adopted by the Court. 0 ?J rl 1") I ZC :I I liv QC A ID WE 331?4U,-O?71j AMELIA S. WEAVER, Plaintiff V. GREGORY A. WEAVER, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-0004 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of May, 2006, upon consideration of the Joint Motion To Adopt Stipulation filed in the above matter on May 30, 2006, the hearing scheduled for May 31, 2006, is cancelled. L,AVlary A. Etter Dissinger, Esq. 28 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff ,44ichael J. Pykosh, Esq. 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc BY THE COURT, k 1 =t ' of !!VIN 9ul1l1 MIJ AMELIA S. WEAVER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - DIVORCE GREGORY A. WEAVER Defendant : NO. 06-04 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 3, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed form the date of filing and service of Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE 3 Amelia S. Weaver - i CL Gal ^ ; r' , AMELIA S. WEAVER Plaintiff VS GREGORY A. WEAVER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 06-04 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until the Court enters a divorce decree 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 1S Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE 1 O 3l C n Amelia S. Weaver C,= C'} _.y« t 1? tom... , - « ti AMELIA S. WEAVER Plaintiff V. GREGORY A. WEAVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-04 CIVIL TERM CIVIL ACTION - LAW DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 3, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 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.A. Sect' p? 4904 relating to unsworn falsification to authorities. 0 / ? 10 z Date:/ A. Weaved. Defendant fit _. .,...a ---?t ., __ .-.? ?'. ? T t i.?`• _ t:.._: iSt S ?. S- :: ; i4. ' ,, ,' ?° ? - ? ? ? ..'? = 1,' , _ .?' AMELIA S. WEAVER Plaintiff V. GREGORY A. WEAVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-04 CIVIL TERM CIVIL ACTION - LAW DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of a 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.A.Section 4904 relating to unsworn falsification to authorities. - Date: NCO - / / - D -7 el- , le Gregory eav r, Defendant rz ---+ .--t ?r?'?"?' __ ? t?'? ?`= ` -c? ?`? --?. AMELIA S. WEAVER, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-04 CIVIL TERM GREGORY A. WEAVER, Defendant : CIVIL ACTION -LAW : DIVORCE ACTION MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between GREGORY A. WEAVER and AMELIA S. WEAVER, hereinafter referred to as Husband and Wife. The parties were married on January 9, 1999. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. Initials A44L) 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Initials 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. Initials Ak44t_)1 B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband as of March 1, 2006, shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife as of March 1, 2006, shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 8. VEHICLES Husband and Wife agree that the vehicles which are titled in both names are to be divided as follows. Husband shall solely retain the 1998 Honda. Wife agrees to execute the title to and any other document to provide Husband with sole ownership of said 1998 Honda. Wife shall retain the 2005 Saturn, which is being leased. Wife agrees to make a good faith effort to remove Husband's name from said Lease. Wife agrees that at the time of settlement of the marital residence in Paragraph 9(a). Wife must provide proof that the 2005 Saturn lease is paid current. If said lease is not paid current, said amount to pay the 2005 current shall be deducted from Wife's $8,000.00 proceeds. Wife agrees that if she should be more than five (5) days past due on her monthly lease payment, she shall be in contempt of the Divorce Decree. Additionally, Wife shall indemnify and hold husband harmless with regard to all charges related to said 2005 Saturn lease including any amounts due when the said Saturn is relinquished. 9. LIABILITIES Husband and Wife agree that Wife shall be responsible for the following debts: Husband shall be responsible for all debts titled solely in his name. Wife shall be responsible for all debts titled solely in her name. a. REAL PROPERTY The real estate at 303 Gettysburg Pike, Mechanicsburg, Pennsylvania is to be sold to Husband's father. Eight thousand dollars ($8,000.00) of the proceeds shall be distributed to Wife. The remainder of the proceeds shall be distributed to Husband. Husband and Wife agree to enter into an Agreement of Sale with Husband's parents and take all other steps necessary to effectuate said sale including executing the Deed and other settlement documents. Initials 1 b. CHILD TAX CREDIT The parties further agree that as long as the custody arrangement is on a 50/50 basis pursuant to the Order of Court dated May 26, 2007 filed at 06-04 Civil Term, the parties shall receive the annual tax credit for Noah G. Weaver, hereinafter "Child" no the following basis: Wife shall receive the tax credit benefit in odd numbered years. Husband shall receive the tax credit in even numbered years. Initials AU)L*? 10. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after March 1, 2006, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 12. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations, which shall be paid by the following person: A. Wife - 1. All debts incurred by wife since the parties separation. 2. Any loan on the automobile titled solely in wife's name. 3. All credit cards in her name. 4. The 2005 Saturn vehicle titled in both names. 5. Any college loans in Wife's name B. Husband - 1. All debts incurred by Husband since the parties' separation. 2. Any loan on the automobile titled solely in husband's name. 3. All credit cards in his name. 4. Any college loans in Husband's name 13. LEGAL FEES Each party is responsible for their own legal fees with respect to this matter. 14. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for alimony pendente lite or alimony. Initials A64 ) 15. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 16. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, that the division of property hereto made by this Agreement is a non-taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 17. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from to time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 1. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OR DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or 6 referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provide, each parry may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the others estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the day of 12007. In the presence of Amelia S. Weaver Greg eaver r_ ca TI t TI 1t- 4 M Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrel C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 rnr ko.- kiw'k1cd km .net Attorney for Defendant AMELIA S. WEAVER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE GREGORY A. WEAVER : NO. 06-04 CIVIL TERM Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (x) 3301 C ( ) 3301 D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint: U.S. Certified Mail on January 9, 2006 Certificate of Service and green card were filed. 3. (Complete either paragraph (A) or (B).) (A) Date of execution of the Affidavit of Consent required by Section 3301 (C) of the divorce code: By Plaintiff 10-31-07; by Defendant 10-19-07. (B) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (D) of the Divorce Code: N/A; 4 •o (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent NIA. 4. Related claims pending: Economic claims raised have been resolved through the Marriage Settlement Agreement dated November 5, 2007. 5. (Complete either (a) or (b).) (A) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: (B) Date Plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: 11-05-07 Date Defendant's Waiver of Notice in § 3301 (c) Divorce filed with the Prothonotary: 11-05-07 Michael J. Py o , Esquire Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hi 11, PA 17011 (717) 975-9446 a ?? ?r: cam- :?`° •+ ''' Cyr. ? ? ? ? - j ef' ?,,.?. ?'"?a .. y ? '?? ?? r ... ? IN THE COURT OF COMMON PLEAS Aweiia S. ue w,, OF CUMBERLAND COUNTY STATE OF PENNA. Iola inLt -ll VERSUS jClmgoay A. wuwpA veA,d tt No. 06-04 Civil 7eAm DECREE IN DIVORCE AND NOW, "pGCe--rLej k, 2007 IT IS ORDERED AND DECREED THAT AmO0ia S ldva,jc ! , PLAINTIFF, AND 9 egawj A. GleoyeA , DEFENDANT, 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; ,4,U economic cla.inzz have been Set ted 4y wru? agAzemeni- dated Noveme,ea 5, 2007. The ,t_e? and condition-6 of the Pla22.iage Settieffletzi 4g2eemerit. wed in .this mats-e2 6ha" ..e:.inco2Roz .into but .6haU not .&e 0?1 - mvAged Z t.o thi.6 DecAee BY THE COURT: ATT PROTHONOTARY ?ov