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HomeMy WebLinkAbout06-0389 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREL S, BIRDSALL, v, NO, (Ji. 3 S l' CI\HL TERM MARLIN H, N, BIRDSALL, Defendant CIVIL ACTION - LA W IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the c aims set forth in the following pages, you must take prompt action, You are warned that if y u fail to do so, the case may proceed without you and a decree of divorce or annulment may be ntered against you by the Court, A judgment may also be entered against you for any other cl 'm or relief requested in these papers by the Plaintiff You may lose money or property or other ights important to you, including custody or visitation of your children, When the ground for divorce is indignities or irretrievable break own of the marriage, you may request that the court require you and your spouse to attend ma riage counseling prior to a divorce decree being handed down by the court, A list of marriage ounselors is available in the Office of the Prothonotary at the Cumberland County Court House,arlisle, You are advised that this list is kept as a convenience to you and you are not bou d to choose a counselor from the Ii,,!. All necessary arrangements and the cost of counseling ses 'ions are to be borne by you and your spouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVlSIO OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANN LMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR ELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HE p, Cumberland County Bar Association 32 S, Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BREl'<'N MAN, P,C, 1/% By: LAW OFFICES SNELBAKER & BRENNEMAN, P.c. Attorneys for laintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. LAUREL S, BIRDSALL, Plaintiff v, MARLIN H. N, BIRDSALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlfY, PENNSYL V ANJA NO, 0(,,3F( CIVIL ACTION - LAW IN DIVORCE COMPLAINT CI IL TERM Plaintiff Laurel S, Birdsall, by her attorneys, Snelbaker & Brenn man, p, c., hereby submits this Divorce Complaint as follows: COUNT I - DIVORCE I, Plaintiff Laurel S, Birdsall is an adult individual residing at 3 5 Braeburn Drive, Etters, York County, Pennsylvania 17319, 2, Defendant Marlin H. N, Birdsall is an adult individual residin at 50 Carlisle Avenue, Enola, Cumberland County, Pennsylvania 17025, 3, Both Plaintiff and Defendant have been bona fide residents 0 the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the fili g of this Complaint. 4, The Plaintiff and Defendant were lawfully joined in marriag on July 31, 1999 in Seoul, Korea, 5, There have been no prior actions of divorce or for annul men between the parties hereto in this or any other jurisdiction since the date of the marriage av rred in Paragraph 4, above, 6, Neither party is a member of the armed forces of the United States of America, 7, The Plaintiff avers as the grounds upon which this action is ba ed is that the marriage between the parties hereto is irretrievably broken, 8, The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in cou seling, 9, The Plaintiff requests this Court to enter a decree of divorce, WHEREFORE, Plaintiff Laurel S, Birdsall requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EOUITABLE DISTRIBUTION 10, Paragraphs I through 9, inclusive, of this Complaint are inc rporated by reference herein, 11, The Plaintiff and Defendant have legally and beneficially ac uired property and debts during their marriage from July 31, 1999, 12, The Plaintiff and Defendant have not agreed as to any equit ble distribution of the marital property and debts, WHEREFORE, Plaintiff Laurel S, Birdsall requests this Court t order equitable LAW OFFICES SNELBAKER & BRENNEMAN, P.C. distribution of marital property and debts, -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, the Plaintiff requests this Court to: (a) (b) Date: enter a decree of divorce, divorcing the Plaintiff a1d Defendant from the bonds of matrimony; order equitable distribution of marital property an debts; and (c) order such other relief as this Court deems just an reasonable, SNELBAKER & BRENNEMA ,p,c. I/;tzv-- By: Keith 0, Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055-031 (717) 697-8528 Attorneys for Plaintiff Laurel S, Birdsall January 17, 2006 -3- LAW OFFrCES SNELBAKER & BRENNEMAN, p,c. VERI FICA nON I verify that the statements made in the foregoing Complaint are t ue and correct. I understand that false statements herein are made subject to the penaltie of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities, I i I II I. Date: I /fl(d~ LAW OFFICES SNELBAKER & BRENNEMAN, P,C. LAUREL S, BIRDSALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, MARLIN H. N, BIRDSALL, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT CI IL TERM ANDREW D, CORNMAN, duly sworn according to law, depos s and says: I, I have been advised of the availability of marriage counseling and understand that I I may request that the court require that my spouse and I participate in coJnseling, 2, I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3, Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court, I understand that false statements herein are made subject to the enalties of 18 Pa, c.s, 9 4904 relating to unsworn falsification to authorities, Date: y;~~ Laurel S, Bird all (Plainti[ <<L G.') ~..) ~ ~ j;' ~ i..~ '-" 0 )0 ~ - '!--. " "" <:> c 9 C' V ", 'Ii cl ~ ., "- ~ ~ G'; \ " .' (-'j ':::1\ :-j \ ) co.) ~ C~J .... ......... LAUREL S. 'BIRDSALL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 06-389 CIVIL MARLIN H. N. BIRDSALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm ofSnelbaker & Brenneman, P. C., being the attorneys for Laurel S. Birdsall, Plaintiff in the above captioned action in divorce; that on January 20,2006 he did send to Defendant Marlin H. N. Birdsall by certified mail, return receipt requested, restricted delivery, a duly certified copy ofthe Divorce Complaint which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 1010 0000 8131 0302; that both the Complaint and cover letter were duly received by Defendant Marlin H. N. Birdsall as evidenced by the return receipt card for said certified mail dated January 21,2006; that a copy of the aforementioned cover letter dated January 20,2006 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by LAW OFFICES SNELBAKER & BRENNEMAN. P.C. reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his "'lIIl . ~ knowledge, information and belief. ,It l1/1----- Keith O. Brenneman Sworn to and subscribed before me this 24th day of January, 2006. ~ ~;(. Notary Public COMMON".'MLTH OF PENNSYLVANIA NoCarIaI Seal Susan L. Malrazi, NotaIY Public Mechanicsburg Boro, CUmberland County My Commission ecpires Nov. 24, 2007 Member. Pennsylvania Association Of Notaries LAW OFFICES -2- SNELBAKER & BRENNEMAN. P.C. SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697,8528 P.. O. BOX 318 FACSIMILE (717) 697.7681 January 20,2006 Marlin R.N. Birdsall 50 Carlisle Avenue Enola, P A 17025 Re: Birdsall v, Birdsall (Divorce) No. 2006-389, Cumberland County Dear Mr. Birdsall: Enclosed please fmd a certified copy of a Divorce Complaint, the original of which was filed January 20,2006 with the Prothonotary. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Laurel S. Birdsall (w/enclosure) Via certified mail, return receipt requested, restricted delivery, Parcel No. 7003 1010 0000 8131 0302 EXHIBIT A . ' LAW OFFICES SNELBAKER & BRENNEMAN. P.C, ru c rn c ..... rn ..... cO U.S. Postal Servicew CERTIFIED MAILH, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided' OFFICIAL USE .63 2.40 Postage $ c c c C Retum Reclept Fee (Endorsement Required) C Restricted Delivery Fee ..... (Endorsement Required) C ..... Tolal Postage & Fees Certified Fee 3.70 1.85 $ ~.S'9" rn c:J nf To c:J Marlin H.N. Birdsall r'- &ni6--Ajit.-----------..-----.----------..----..--------------.-------.-------------- ~pJ'~x.~.;50 Carlisle Avenue citY.-staie;zIP+;n~:nola~--1)AmTi025--------m---m----mm----- PS Form 3800, June 2002 See Reverse for Instructions EXHIBIT B "Dc ~;;!.~ ~.~,.,: ...,.~ , "'-' 'i ..<-- r:: ". ;:~: ~~C PC,"" ;:: =2 (") S; .~~ """ = <::::> 0'" :E: > -< ~ ~ nl:JJ -oFT; :09 0("-) '.! ". ~:!~~~ :Li ,.,.() (5;-11 ~ ;;0 -< -.J ~ ::rt - Q ,j./ Q(P - -3 ~1 POST,NUPTlAL AGREEMENT THIS AGREEMENT is made and entered into this ' .,~ 2006 by and between: dayof 1"Gj LAUREL S, BIRDSALL, of325 Braeburn Drive, Etters, York County, Pennsylvania, party of the first part, hereinafter "Wi fe" AND MARLIN H. N, BIRDSALL, of 50 Carlisle Avenue, Enola, Cumberland County, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on July 3 1, 1999 in Seoul, Korea; and WHEREAS, the parties last resided with each other at 325 Braeburn Drive, Etters, Pennsylvania and were separated September 16,2005; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they will separate and live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties have one child of their marriage; namely Jaemin Allen Birdsall, born October 7,2004; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and WHEREAS, the parties having a fuIJ opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a fuIJ opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's propeliy and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable, NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: I, INCORPORA DON OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety, 2, MUTUAL SEPARATION, Husband and Wife shaIJ be free from constraint or control by the other as fully as ifhe or she were unmarried, Neither shal1 disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3, PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and have physically divided aDd distributed between themselves aIJ of the parties' personal property which they acquired either before or during their marriage, except as noted below, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution, 2 Wife shall have and possess, free of any claim or interest of Husband, all items of personal property, fumishings and fumiture located in the residence at 325 Braebum Drive, Etters, excepting the following items that the parties acknowledge are and shall be Husband's: Chinese armoire, Husband's grandmother's secretary, weight equipment, computer desk, chair, personal papers and files, Husband shall have and possess, free and clear of any claim or interest of Wife, the foregoing personal property and all other items of personal property in Husband's possession located off of the premises at 325 Braebum Drive, Etters, Husband agrees that he shall, within thirty (30) days of the date of this Agreement, remove his items of personal property from the residence at 325 Braebum Drive upon giving Wife one week's prior notice of the time when he desires to remove his property identified above, The parties declare and acknowledge that the division of the personal property described above constitutes their mutual agreement to divide various items of personal property, possessions, fumiture and fumishings (the "propeliy") whether or not acquired dUling their maniage and whether or not said propeliy is or would be deemed to be marital propeliy under the Pennsylvania Divorce Code and subject to equitable distribution, The parties declare and acknowledge that they are aware of all assets, propeliy and real property that each has brought into the maniage and that has been obtained or acquired separately or jointly by them dming the course oftheir mmTiage and therefore waive m1Y valuation thereof Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that 3 the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4, REAL ESTATE. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 325 Braebum Drive, Etters, Pennsylvania (the "mati tal residence"), The patiies further acknowledge that the marital residence is subject to a purchase money mOligage given by the parties (the "mortgage"), The parties agree that Wife shall have exclusive use and possession of the marital residence until the closing on the sale of the marital residence as provided for herein, The parties agree that they shall list the marital residence for sale through a licensed real estate agent or broker and sell the marital residence at a price of no less than $250,000, or such lower price as the parties shall mutually agree, no sooner than 36 months after the date the parties became owners ofthe marital residence, Upon closing on the sale of the marital residence, the parties agree that they shall divide the net proceeds of the sale at settlement as follows: the net proceeds of the sale at settlement shall be divided by the number of months from the date that the parties became owners of the marital residence to the date of settlement on the sale thereof to determine a per month net profit amount. The per month net profit amount shall then be multiplied by 27 and the resulting product shall be divided equally between the parties, The remaining net proceeds of the sale shall then be distributed solely to Wife, Wife agrees the mortgage payment, utilities, taxes, insurance and all other expenses, including the mortgage associated with the ownership, use and maintenance of the marital property now or in the future, shall be the sole responsibility of Wife and that Wife shall 4 indemnify and hold Husband harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Husband due to Wife's failure to pay for the foregoing, The parties acknowledge that Husband received $20,000 when the parties divided their finances in August 2005 and utilized the funds received to purchase a residence at 50 Carlisle Avenue, Enola, Wife hereby waives any right or interest in the residence purchased by Husband and releases any claim or interest therein to Husband, 5, BANK ACCOUNTS AND INVESTMENT ACCOUNTS, All bank accounts have been divided by prior mutual agreement of the parties, The parties acknowledge that Wife received certain mutual funds as a gift from Wife's grandfather, which mutual funds the parties agree shall remain Wife's free and clear of any claim or interest of Husband, The parties further acknowledge that they have established ajoint mutual fund account for the benefit of their son which is held by State Fann Mutual Funds, account No, 912085, having a balance as of January 17,20060f$2,785,63, The paliies agree that Husband's name shall be removed from that account and Wife shall manage and use said account for the benefit of the parties' son, 6, DEBT, MARlY AL DEBT AND FUTURE OBLIGA nONS, Husband agrees that he shall pay and be solely responsible for all student loans incuned in his name prior to the pmiies' marriage, With the exception of the mortgage on the marital residence, the parties acknowledge and represent that there are no other joint debts of the parties, The parties further agree that each shall be responsible for any and all existing debt in his or her respective name, whether incurred before or during maniage, The parties acknowledge and agree that any and all debt and obligation inClined by either of them from the date of their separation of September 16, 2005 shall be the sole and separate liability and responsibility of the party incuning the debt or obligation and each party agrees that 5 he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other paliy and will indemnify and hold ham11ess the other party of and from any and all claims, liability and attomey's fees arising from such future obligation and any other debts and obligations inclilTed prior to the parties' separation or divorce for which such party is obligated under the tenus of this Post-Nuptial Agreement. 7, AUTOMOBILES, The parties acknowledge that Husband is the sole title owner of a 1996 Dodge Neon and a 2006 BMW 330i; which BMW is financed by a loan for which Husband alone is responsible to pay, Husband shall retain sole and exclusive ownership, possession and use of the 1996 Dodge Neon and 2006 BMW and remain solely responsible for all amounts in payment of the loan for the BMW, The parties further aclmowledge that Wife is the sole title owner of a 2006 Hyundai Sonata which is financed by a loan for which Wife alone is responsible to pay, Wife shall retain sole and exclusive ownership, use and possession of the 2006 Hyundai Sonata and remain solely responsible for all amounts in payment of the loan for the Hyundai, 8, COUNSEL FEES, The parties agree that each shall be responsible for his or her legal fees and costs inculTed by them associated with the initiation, processing and completion of the Divorce Action and tbe preparation, negotiation, consummation and compliance with the provisions of this Post-Nuptial Agreement. 9, PENSION. RETIREMENT PLANS OR ACCOUNT, The paliies acknowledge that each has his or her own retirement accounts by virtue of past and/or present employment. Regardless of the amount or value of each party's retirement account or benefit, cacb party waives and forever releases the other of and from any and all 6 claims which either may have against the other's retirement account or benefit, or any other employee benefit or benefits, 10, RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE, Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the perfoffilance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code, 11, DIVORCE, On January 20, 2006, Wife initiated a divorce action in the Court of Common Pleas of Cumberland County docketed to No, 2006-389 (the "Divorce Action"), The parties agree to terminate their man'iage by mutual consent and each agrees to execute and deliver immediately after 90 days of the service of the divorce complaint, the necessary affidavits, waivers and consents in the Divorce Action, 12, TAX IMPLICATIONS AND MATTERS, The parties agree the they shall file joint income tax returns for 2005 and that Wife for 2006 and thereafter shall solely use and benefit from any mortgage interest as a deduction on her returns, The parties agree that any tax refund issued as a result of filing jointly for 2005 shall be divided equally between the parties, The parties agree that in the event it is determined that there is any futurc tax liability of the parties, which liability relates to any year the parties were manied and filed jointly, then in such event, the paIiies will contribute to the payment of such liability in propOliion to their respective incomes for the year to which such liability pertains, The parties hereto agree to retain all tax returns pertaining to the years of tbeir maniage for a period of five (5) years after the date of this Agreement. 7 The parties further agree that Wife only shall be entitled to claim both of the parties' son as a dependent for tax purposes for 2006 and all tax years thereafter, 13, CUSTODY. Matters concerning the custody of the parties' son, Jaemin Allen Birdsall, are addressed in the custody agreement attached hereto and incorporated by reference herein as "Exhibit A", 14, CHILD SUPPORT, Husband agrees to pay Wife the sum of$500,00 per month for child support during the times that Husband is employed, 15, GENERAL RELEASE, Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. ] 6, SURVrv AL OF AGREEMENT, It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or pemlanent, shall affect or modify the terms ofthis Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the PelUlsylvania Divorce Code, The paliies agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce, 8 17, COOPERATION, The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 18, BREACH; fi'..'DEMNIFICATION, If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs inClined by the other party in enforcing his or her rights under this Agreement. Each party agrees and covcnants to indemnify and hold hannless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses oflitigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein, 19, VOLUNTARY EXECUTION, The parties declare and acknowledge that they have had the oppo11unity to have the provisions ofthis Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both pat1ies, and that it is not the result of any duress or undue influence, The pal1ies acknowledge that they have been furnished with all infonnation relating to the financial affairs of the other to the extent same has been requested by each of them, 9 20, ENTIRE AGREEMENT, This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto, Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered detennination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. W AIVERJMODIFICATION, The waiver of any tenn, 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. This Agreement can only be modified in writing executed by both paliies hereto, 22, APPLICABLE LAW, This Agreement shall be constmed, interpreted and enforced according to the Jaws of the Commonwealth of Pennsylvania, 23. HEADINGS, The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or constmction of the text ofthis Agreement. 10 24, EFFECTIVE DATE, This Agreement shall be dated and become effective on the date when executed by the latter of the two parties, IN WITNESS "WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assIgns. WITNESSED BY: ~~h,,~~ ~ ~~ f) " 4L-I^:t:~/?TSEAL) Laurel S, Birdsall ~~%Q~~P "~ 7 . . . ~t" /~ 'd L, //~~~./ (SEAL) Marlin H. N, Birdsall I \C;,d,L,'h '/J ~ "-.,c+ S'-"=>-C)L~ NWEAL TH OF PENNSYLVANIA Notarial Seal Nadn9 S. F_, Notary Publlc Newberry Twp" York County My ConTnIss\on ExpIms May 23, 2009 Member, Pennsylvania ASSOciation of Notaries 11 CUSTODY AGREEMENT LAUREL S, BIRDSALL ("Mother") and MARLIN H. N, BIRDSALL ("Father") agree to the following with respect to the custody of their son: L LEGAL CUSTODY The parties agree that Mother shall have sole legal custody of their son, Jaemin Allen Birdsall. 1. Each party agrees to keep the other informed of the progress of their son's education and social adjustments, Each party agrees not to impair the other party's right to shared legal or physical custody of their son, Each party agrees to give support to the other in the role as parent and to take into account the concerns ofthe other for the physical and emotional well-being of their son, 2, While in the presence of .Taemin, 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 their son should respect and love, 3, It shall be the obligation of each parent to make Jaemin available to the other in accordance with the physical custody schedule, 4, 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. 5, 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 EXHIBIT A specifically not use their son as a messenger. Furthermore, neither parent shall discuss with Jaemin any proposed changes to the physical custody schedule, or any other issue requiling consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 6, With regard to any emergency decisions which must be made, the parent with whom Jaemin 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 of the emergency and consult with himlher as soon as possible, 7, Each parent shall be entitled to complete and full inforn1ation from any doctor, dentist, teacher, or authority and have copies of any reports given to them as a parent; however, Mother only shall have the ability to make health care and school decisions concerning Jaemin, 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, However, it will be Mother's primary responsibility to provide Father with copies of report cards, semester examination reports and all notifications of major school events, 8, Neither parent shall schedule activities or appointments for their son which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approvaL 9, The parties acknowledge that they each expect their son to attend college and/or other post-high school training ifhe is a good student with a high probability of gaining entrances and -2- .' succeeding in college, The parents agree that they shall each be actively involved in the selection of an appropriate post-high school education for their son, taking into consideration his needs, desires, talents and aptitudes for post-high school education, II. PHYSICAL CUSTODY. The parents shall share physical custody of their son, Mother shall have primary physical custody, Father shall have partial custody as periodically detern1ined by mutual agreement. Presently, Father has custody once each week between the hours of 5:30 to 7:30 p,m, on Wednesdays and each Saturday between 2:30 and 5:30 p,m" with the foregoing periods of custody at Mother's residence, Father shall have visitation with Jaemin for a period initially of four hours during the following days and holidays: New Year's Day, President's Day, Father's Day, Memorial Day, August 11, Labor Day, Thanksgiving Day and December 23, The above periods of visitation by Father shall be increased and will include overnight custody periods as the parties can mutually agree and as Jaemin matures, is able to speak and medical conditions are controlled and stabilized, IlL SPECIAL CONDITIONS, Both parents shall provide each other with telephone numbers and locations where their son will be during any overnight visits, vacations and holidays, Both parties will provide the other party with at least twenty-four hour notice if unable to keep any scheduled custodial period, IV, RELOCATION, The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current -3- residences in York and Cumberland County, Pennsylvania, respectively, If either parent desires to establish a residence more than fifty (50) 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 partial custody in light of the 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 order. Agreed to this k-~+h day of 1'~c; )' ,2006, ~^ . .i'tt'j7y.R /'L~ ,.. [~~ep L urei S, Blrasall ;$t/~ /);J ~ / /Wt?A '~/~#~ Marlin H. )I, Birdsall '1C-Cd\I~. '1') 4J'-~_,,-r 5 . l= ~-CL,"", COMMONWEALTH OF PENNSYL.VANIA Notarial Seal Nadine S, Freel, Notal'{ Public Newberry Twp,. York County My Corrm\sslOO Expires May 23, 2009 Member, Pennsylvania -ASSOCiation of Notaries -4- (") ( r-..' =} ,'.-:.:, c.,..... o " ,-1 :r;;:!} r, 'C^.- r,) Ul l('') :, :Tl ( - I _.... """r ~:;J .< LAW OFFICES SNELBAKER & BRENNEMAN. P,C, LAUREL S, BIRDSALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : NO, 06-389 CIVIL TERM MARLIN H. N, BIRDSALL, PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DNORCE CODE 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on I January 20, 2006, 2, The marriage ofthe Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 4, 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: /~~ Laurel S, Birdsall, Plaintiff May 22, 2006 Cl \~.:'~~ <-' c;:? c::;:) cr" ~' --H' :.:;;;,. C' "':0 ..A --r: ~n ~,..) c;, ,. --, ~;-', ') - c::' ,_. ,_." _.1 -..-------- LAW OFFICES SNELBAKER & BRENNEMAN, P,C. LAUREL S. BIRDSALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v, NO. 06-389 CIVIL TERM MARLIN H, N, BIRDSALL, Defendant CNIL ACTION - LAW IN DNORCE PLAINTIFF'S WANER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a tinal 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, 4, 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: May 22, 2006 L:~I~ Q ~ 0 ~::::, , (j"' fi'i'i ::;:l " '. rl'1;22 -'-, -r-r , ., r>' cr> ~..,~ ...h... ~:s .. (-:::- "iJ -, '< LAW OFFICES SNELBAKER & BRENNEMAN, P.C. LAUREL S, BIRDSALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. 06-389 CIVIL TERM MARLIN H, N, BIRDSALL, DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE L A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 20,2006. 2, The marriage ofthe Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service ofthe 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 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: >/2 10 {, /)4/J:. - /~, ~.;/,kJl /' . /v /' / ,;//f/ :;/tt.,{~"/v' Marlin H, N, Birdsall, Defendant o c' .-' = (;:-5 C..... 1',) G' -;L-::'" -,~ c:' -' LAW OFFICES SNELBAKER & BRENNEMAN, P.C. LAUREL S, BIRDSALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO, 06-389 CIVIL TERM MARLIN H, N, BIRDSALL, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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 if! 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, 4, 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: 5/26,/06 li{t, ## ~~ ~arlin H. N, Birdsall, Defendant .-' C~ C:"'J ,.>.... C) .',^'j ,-; ~'~lF' " <c! -.... f'..) 0.' t~~; C~ -' LAW OFFICES SNELBAKER & BRENNEMAN, P .C. LAUREL S, BIRDSALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO, 06-389 CIVIL TERM MARLIN H. N, BIRDSALL, Defendant CIVIL ACTION - LAW IN DIVORCE PRAEC~ETOTRANSMITRECORD TO: Prothonotary of Cumberland County: Please 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 Complaint: by certified mail, restricted delivery on Defendant on January 21,2006, (See Affidavit of Service filed May 17,2006 herein,) 3, Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff May 22, 2006; by the Defendant: May 20, 2006, 4, Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: May 22, 2006; by the Defendant: May 20, 2006, 5, Related pending claims: None, SNELBAKER & BRENNEMAN, p, C, Date: May 24, 2006 ~ By: Attorneys for Plaintiff o C. r-" ~ c:""' (i -<.~ :.--~ r",' c" ~:~ ----- C) ~n o S;:;-:!J- ", c- I~C~ '-~ "0 CO -' ;Ii ;Ii ;Ii ;Ii ;Ii ;Ii ;Ii ;Ii;li";;Ii ,.; ,.; ,.; ,.;,.; ,.;,.;,.;,.;,.; ;Ii";;Ii;li;li";";;Ii;li;li";";~;Ii;li;li;li;li;li;li;li;li;li;li;li;li;li;li;li~;Ii~;Ii;li~~~;Ii~;Ii~~~;Ii~~~~;Ii~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY LAUREL S. BIRDSALL, STATE OF PENNA. ;Ii ;Ii ;Ii ;Ii 06-389 CIVIL ;Ii ;Ii ;Ii Plaintiff No. ;Ii ;Ii ;Ii VERSUS ;Ii MARLIN H. N. BIRDSALL, ;Ii ;Ii ,.; Defendant ;f. ;Ii DECREE IN DIVORCE AND NOW, \~1\ ~, IT IS ORDERED AND DECREED THAT LAUREL S. BIRDSALL , PLAI NTI FF, MARLIN H. N. BIRDSALL AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; U~ None. The parties' Post-Nuptial Agreement dated May 6, 2006 is incorporated but not merged into this Decree. AT.TEST~~ r ;> PROTHONOTARY ;Ii ,.; ;Ii ;Ii J. -~ /' ~ ~ ~(/- ?/-t? ~~~~~'J:?P '?t7. 11-~ . - .., ~'-. .. \ ,\:' ~ ': .