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HomeMy WebLinkAbout06-1979 TARA L. DIAZ, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ole. -/9~q Cl~lT82...~ : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DNORCE OR ANNULMENT IS ENTERED, 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 32 S. Bedford Street Carlisle, PA 17013 Telephone: (800) 990-9108 TARA L. DIAZ, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0<'" -/9"1'( c.iu~l <-r'OL~ : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE COMPLAINT IN DIVORCE COUNT I DIVORCE AND NOW, comes the Plaintiff, Tara L. Diaz, by and through her counsel, Cunningham & Chernicoff, P.C., and seeks to obtain a Decree in Divorce from the Defendant, Noel J. Diaz, and in support thereof avers as follows: I. The Plaintiff, Tara L. Diaz (the "Plaintiff'), currently resides at 335 Fulton Street, Enola, Cumberland County, Pennsylvania 17025. The Plaintiff is a citizen of the United States of America. Plaintiffs Social Security Number is 168-54-1305. 2. The Defendant, Noel J. Diaz (the "Defendant"), currently resides at 4 Richland Lane, Apartment 204, Camp Hill, Cumberland County, Pennsylvania 170 II. The Defendant is a citizen ofthe United States of America. Defendant's Social Security Number is 142-66-9139. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on October 20,2001, in Perry County, Pennsylvania. 6. The marriage is irretrievably broken. 7. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff, prays this Honorable Court to enter a Decree in Divorce from the bars of matrimony. COUNT II EOUlTABLE DISTRIBUTION 9. The averments in Paragraphs 1 through 8, inclusive, are incorporated herein by reference thereto. 10. During the course of the marriage, the parties acquired marital property. WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute, and assign the marital property of the parties pursuant to Section 350 of the Divorce Code. COUNT III CUSTODY II. The averments in Paragraphs I through 10, inclusive, are incorporated herein by reference thereto. 12. One child of the parties was born during the course of the marriage, namely, Jayden Diaz, born October 7,2002 (the "Minor Child"). 2 13. The Plaintiff seeks primary physical custody of the following Minor Child: NAME PRESENT RESIDENCE Jayden Diaz 335 Fulton Street Enola, P A 17025 14. The Minor Child was not born out of wedlock. DATE OF BIRTH October 7, 2002 15. The Minor child is presently in the custody of Plaintiff, who resides at 335 Fulton Street, Enola, Cumberland County, Pennsylvania 17025. 16. During the past five (5) years, the Minor child has resided with the following persons at the following addresses: PERSONS ADDRESS 335 Fulton Street, Enola, P A 17025 335 Fulton Street, Enola, PA 17025 335 Fulton Street, Enola, P A 17025 335 Fulton Street, Enola, PA 17025 335 Fulton Street, Enola, P A 17025 335 Fulton Street, Enola, P A 17025 Plaintiff, Defendant Plaintiff Plaintiff, Defendant Plaintiff Plaintiff, Defendant Plaintiff DATES 10/7/02 - 1/16/04 1/16/04 - 5/1/2004 5/1/04 - 9/3/04 9/3/04 - 512/05 5/2/05 - 3/17/06 3/17/06 - present 17. The mother of the Minor Child is Plaintiff, Tara L. Diaz. She is married to the Defendant. 18. The father of the Minor Child is Defendant, Noel J. Diaz. He is married to the Plaintiff. 19. Plaintiff has no information of another custody proceeding concerning the Minor Child pending in a Court of this Commonwealth. 3 20. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the Minor Child or claims to have custody or visitation rights with respect to the Minor Child. 21. The best interest and permanent welfare of the Minor Child will be best served by granting the relief requested because the Plaintiff has been the primary caretaker of the Minor Child; remains the primary caretaker of the Minor Child; can provide a stable, safe, and secure environment and can provide for the Minor Child's emotional, psychological, and spiritual needs. Further, the Minor Child views the Plaintiff as a source of stability, a source of love, and a source of emotional support. 22. Each parent whose parental rights to the Minor Child has not terminated and all persons who have physical custody of the Minor Child has been named as parties to this action. All other persons named below, who are known to have a claim or right to custody or visitation of the Minor Child has been given notice of the pendency of this action and their right to intervene: NONE. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the Minor Child to the Plaintiff. C /Jr/J /j e yM. i t J.D. #87. 65 2320 North Second Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) homeJtlf/divorce/diaz 4 VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. 2:'- Qu,.b Date: . 'i/{j)j Vi ,-3 L, 2006 r--' AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : ss; COUNTY OF DAUPHIN The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldier's and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. 0CWL ~~ Tara Diaz U SWORN and Subscribed to Before me this~ day of 1')/1..<'.,:- /, ,2006. ,L~ ~.fl/~ NOTARY PUBLIC C.oMM.oNWEALTH .oF PENNSYLVANIA . Notarial Seal Linda B. Deaven, NoIaI)l Public M;~anisburg, DaUphin County M ISSlOn Expires Fob. 25, 2010 ember Panns'" , , .T,Vanla AssocIatIon of Notaries . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : 5S; COUNTY OF DAUPHIN I, TARA DIAZ, being duly sworn according to law, depose and say: (I) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that 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 penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. ~ Q;,,(j TARA DIAZ SWORN and Subscribed to Before me this ~11J, day of r/4/C . ,2006. ~~ t1dlid~x/ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notanal Seal Linda B. Deaven. Notary Public City Of Harrisburg, Dauphin County My Commission Expires Feb. 25. 2010 Member, Pennsylvanfa AssociatIon of Notaries p 701:. *- ~ C> & f ~ B V-> I ';,~\ -4. ~ ~ - ..!J "'o--:c-llQ 9v -:- () . . lr'1. .() V) \) v c> \) \i . . -0~:b ~LF ::pc ~ -{-hI' +::: Q: ----z. Ii' .... .~. ~ TARA L. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE STIPULATION OF THE PARTIES AND NOW, comes Tara L. Diaz and Noel J. Diaz who do hereby stipulate and agree that the following shall be the standard of custody and visitation which shall prevail and do consent to the entry by this Court of an Order incorporating the terms of this Stipulation: 1. Tara L. Diaz (the "Mother"), and Noel J. Diaz (the "Father"), are the natural parents of one (1) child, namely, Jayden Diaz, who was born on October 7, 2002 (the "Minor Child"). 2. The Mother and the Father shall maintain joint legal custody of the Minor Child. 3. The Mother shaH maintain primary physical custody of the Minor Child while the Father shall exercise periods of partial physical custody of the Minor Child upon agreement by the parties. 4. The Mother and the Father acknowledge that it is in the best interest oftheir Minor Child that each parent keep the other informed of the Minor Child's progress, and for any change in his health or any medical crisis. The Mother and the Father agree to consult with each other and to have an equal input with regard to any major decisions which will impact their child's progress and/or physical and mental health, this will include the Minor Child's academic progress. 5. The Mother and the Father also acknowledge that it is in the best interest of their Minor Child that he has the benefit of each parent's parental guidance and each agrees to refrain from allowing the Minor Child to be exposed to the personal animosities that may exist between each other. 6. The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the Minor Child in school; ( c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld. 6. The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the period of custody. 7. If either the Mother or the Father decides to relocate farther than one hundred fifty miles from their present residence, they agree to provide the other party with sixty (60) days notice prior to the relocation, thus giving the other parent an opportunity to modifY the current Custody Order entered pursuant to this Stipulation. 8. In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to insist in enforcing the terms thereof, the parties hereby ab'Tee 2 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF c(/;nht.!llA-AJ/) On this, the ~ day of Aft!' L , 2006, before me, the undersigned officer, personally appeared, TARA L. DIAZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No!~:J ()I{#- NOTARIAL SEAL BRYAN J. KOLB, Notary Public East Pennsboro Twp.. County of Cumberland My Commission Expires January 13. 2010 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF C v~t./<.'-I+>V/ ') On this, the .JfL day of N,L/ L- , 2006, before me, the undersigned officer, personally appeared, NOEL J. DIAZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. f niA NOTARIAL SEAL BRYAN J. KOLB. Notary Public East Pennsboro Twp., County of Cumberland My Commission Expires January 13. 2010 NO!~:;)-f)t#-- 4 that the breaching party will pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation. 9. The parties acknowledge that the Mother has been represented by counsel throughout the process of executing this Stipulation. The Father has been advised of his rights to seek legal representation in this matter and the parties acknowledge that the Father has waived such rights. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this --.!fL day of AfJI"L- , 2006. TARA L. DIAZ () tflY- OMn-Cfl~ \~ \, '\ \', 3 ...., , ?:"" -.- c." PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARA L. DIAZ v. 06-1979 CIVIL ACTION LA W NOEL J. DIAZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April t1, 2006 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear bcfore Dawu S. Suuday, Esq. , the conciliator, at.._.._}9.West Maiu Street, Mechauicsb,!!,& PA ..l?05~ on Wednesday, May_~,.~OO~__.._. at 11:00 AM for a Pre-Hearing Custody Conferenee. At such conference, an effort will be made to resolve the issues in dispute; or if this eannot 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 confercnce. Failure to appear at the conference mav 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 10 scheduled hearing. FOR THE COURT. By: _~sL___IJalVn ~..5uncfyJi~_. Ii ld\._ Custody ConeiIiatorP'- The Court of Common Pleas of Cumberland County is required by law to comply with the Amerieans with Disabilites Aet of 1990. For information about accessible facilities and rcasonable accommodations available to disabled individuals having business before the court, please contact our omce. All arrangements must be made at least 72 hours prior to any hearing or business he fore the eourt. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AfFORD ONE, GO TO OR TELEPHONE THE OfFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumherland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telepbone (7 I 7) 249-3166 ~, ~, .~,-: l ", -'-\ .._~ \ , , ..~ , . t.-. '--' ~:-::::-"7'" r--~ --~--::-::'~,._';:::-:-:;-:';;-;;;-, ....,- v 'Y' ! . R . r l IUtl1 TARA L. DIAZ, Plaintiff l~X.c===-:.t.~__. : IN THE COURT OF COMMON PLEAS . ---- : CUMBERLAND COUNTY, PENNSYL V ANV\. v. : NO. 06-1979 : CIVIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DIVORCE ORDER AND NOW, this ~ day of , 2006, based upon 1he fully executed Stipulation of the Parties it is hereby ORDERED and DECREED that the following shall be the standard of custody pertaining to the Minor Child, Jayden Diaz, who was born on October 7,2002 (the "Minor Child"): 1. The Mother, Tara L. Diaz (the "Mother"), and the Father, Noel J. Diaz (the "Father") shall maintain joint legal custody of the Minor Child. 2. The Mother shall maintain primary physical custody of the Minor Child while the Father shall exercise periods of partial physical custody ofthe Minor Child upon agreement by the parties. 3. The Mother and the Father acknowledge that it is in the best interest of their Minor Child that each parent keep the other informed of the Minor Child's progress, and for any change in his health or any medical crisis. The Mother and the Father shall consult with each other and to have an equal input with regard to any major decisions which will impact their child's progress and/or physical and mental health, this will include the Minor Child's academic progress. ^ "I !. :t 4. The Mother and the Father also acknowledge that it is in the best interest of their Minor Child that he has the benefit of each parent's parental guidance and each shall refrain from allowing the Minor Child to be exposed to the personal animosities that may exist between each other. 5. The Mother and the Father agree, in addition to any provisions which maybe contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress ofthe Minor Child in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld. 6. The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the period of custody. 7. If either the Mother or the Father decides to relocate farther than one hundred fifty miles from their present residence, they shall provide the other party with sixty (60) days notice prior to the relocation, thus giving the other parent an opportunity to modify the current Custody Order entered pursuant to the Stipulation. 2 8. In the event that either party breaches any provision of this Order, and the other party retains counsel to insist in enforcing the terms thereof, the parties hereby agree that the breaching party wi!! pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order. BY THE COURT: Dated: ,2006 3 1 Plaintiff IR-"-Y'''-('E \Tr~"-;'.. 1_ J.-:"" '._' .~I ' .:~..-1..,' I I APR 1 9 2006 ! JBY:_- J IN THE COURT OF COM ON P[bA.'S or -- CUMBERLAND COUNTY, PENNSYL VANIA TARA L. DIAZ vs. 06-1979 CNIL ACTION LAW NOEL J. DIAZ Defendant IN CUSTODY ORDER AND NOW, this 18th day of April,2006 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for May 3,2006 is cancelled. FOR THE COURT, a~~ Dawn S. Sunday, Esquire Custody Conciliator \ ._., ,'-. '1} (; ^', "J .", _: AJ, ' TARA L. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CIVIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy ofthe Complaint in Divorce Under 23 Pa.C.S.A. S330 I (c) with regard to the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid in Harrisburg, Pennsylvania, on April 17 , 2006, addressed to: Noel Diaz 4 Richland Lane Apartment 204 Camp Hill, PA 17011 CUNNINGHAM & CHERNICOFF, P.c. Date: April 19, 2006 .2u}livr7 j;!EY~f) Stacy A. Solle erger d 2320 North Second Street Harrisburg, PA 17110 . Complete items 1, 2. and 3. Also complete ~em 4 ~ 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 mail piece. or on the front if space permits. 1. Article Addressed to: "Joel DiQZ Ai R It VI!O (/d Ln., A \)-\ ,96'1 eamp ~t 1\, p~ 11011 DAgent , Addressee me) C. Date of Delivery ~'Z- 1-17-0(" D. Is delivery address different from Item 1? D Yes If YES, enter delivery address beJow;)srNO 3. 'I.~ice Type .E Certified Mall D, Express Mail o Registered ~ Return Receipt for Merchandise o Insured Mall 0 C.O.D. .. -~ (&tnJFoeI Ves 2. Article Number () m.nsferfromssnllcelabel) 7D60 IS ':J,b DCb ~ ~ 113 llP!6 PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-'S40 ~ ..;) \ ., f.'; --. . . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1979 : CNIL ACTION - LAW TARA L. DlAZ, Plaintiff NOEL J. DlAZ, Defendant : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 6, 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. 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 suDject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date:~\C1 ,2006 ,~d.%- Tara L. Diaz .. ~ TARA L. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary with the law firm of Cunningham & Chemicoff, P.C., hereby certify that on the 21" day of July, 2006, a true and correct copy of the Affidavit of Consent was served by first-class U.S. Mail, postage prepaid, to: Mr. Noel J. Diaz 4 Richland Lane, Apartment 204 Camp Hill, PA 17011 CUNNINGHAM & CHERNlCOFF, P.C. By 56-bt'~ d ~r Stacy A. So nberger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 - , ,_.j '-'1,\ .-, ~Ti !',,' ~, c,; o -." , .. TARA 1. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6330Hc) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: ~ \q ~rl.~ Tara 1. Diaz ,2006 ~ ... TARA L. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary with the law firm of CUnningham & Chernicoff, P.C., hereby certify that on the 21" day of July, 2006, a true and correct copy of the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under ~3301(c) of the Divorce Code was served by first~lass U.S. Mail, postage prepaid, to: Mr. Noel J. Diaz 4 Richland Lane, Apartment 204 Camp Hill, P A 17011 CUNNINGHAM & CHERNICOFF, P.C. B~~d ~ Stacy A. So nberger 2320 North Second Street P. O. Box 60457 Harrisburg,PA 17106-0457 n ~~ --iI." n" , .-., '~~ 0..... '-"'.':' i~- .~ ;f~ ..,., I; :? o MARITAL SETTLEMENT AGREEMENT MADE AND CONCLUDED thi$y of ~i~/ ,2006, by and between TARA L. DIAZ, of 335 Fulton Street, Enola, Cumberland County, Pennsylvania 17025 (hereinafter referred to as "WIFE"). AND NOEL J. DIAZ, of 4 Richland Lane, Apartment 205, Camp Hill, Cumberland County, Pennsylvania 170 II (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as WIFE and HUSBAND has been rendered impossible; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement to resolve all property rights and differences existing between them; and WHEREAS, it is the desire of the parties after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to, or against each other's property or estate, including property heretofore subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for WIFE's and/or HUSBAND's maintenance and/or for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution; and WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement Agreement, providing for the absolute and final settlement of all of their respective marital and property rights and claims for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of the marital property. NOW THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Kelly M. Knight, Esquire. WIFE and HUSBAND declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection. With knowledge of that opportunity, HUSBAND knowingly and willingly waives his right to retain legal counsel in this matter. Each party further acknowledges that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. S3101, et seq., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any 2 determination or order affecting the respective parties' rights to alimony, alimony pendente lili<, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2. PERSONAL PROPERTY. WIFE warrants and represents to HUSBAND, and HUSBAND warrants and represents to WIFE, that they have effected a fair and equitable division of all marital property of the parties, and that, unless otherwise specified herein, all marital property, presently in the possession or under the control of WIFE shall be the property solely of WIFE, and that all marital property, presently in possession or under the control of HUSBAND shall be property solely of HUSBAND. 2a. Motor Vehicles i. The 2005 Chevrolet Caviler: VIN No. IGIJH12F957113442 For, and in, consideration of the sum of$l.OO to be paid at execution of this Agreement, WIFE shall make, execute, and deliver title conveying, transferring, and granting to HUSBAND all right, title, and interest, if any, in and to the Chevrolet Caviler: VIN No. lG IJHI2F957113442. HUSBAND agrees to take sole possession of the vehicle subject to any and all liens and encumbrances, including but not limited to Loan No. 239901-03 maintained through Member's First Federal Credit Union. ii. The 2005 Chevrolet Cobalt: VIN No. IGIA52FX57552610 For, and in, consideration of the sum of$1.00 to be paid at execution of this Agreement, HUSBAND shall make, execute, and deliver title conveying, transferring, and granting to WIFE all right, title, and interest, if any, in and to the 2005 Chevrolet Cobalt: VIN No. 3 1 GlA52FX5755261O. WIFE agrees to take sole possession of the vehicle subject to any and all liens and encumbrances, including but not limited to, Loan #020 9072 45349 maintained through GMAC. iii. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive the same pursuant hereto on execution date. iv. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lien holder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the documents of title are in the hands of such bank and / or lien holder. 2b. Bank Accounts WIFE and HUSBAND hereby covenant and agree that all of the funds contained in any savings and / or checking account held in WIFE'S name shall hereinafter be the sole and exclusive property of WIFE. WIFE and HUSBAND further hereby covenant and agree that all of the funds contained in any savings and 1 or checking account held in HUSBAND'S name shall hereinafter be the sole and exclusive property of HUSBAND. 3. DEBTS AND INDEMNIFICATION. WIFE and HUSBAND represent and warrant to each other that, except as provided 4 herein, neither one has contracted since separation, or will in the future contract, any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless, and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. 4. REAL ESTATE 4a. For, and in, consideration of the sum of $1.00 to be paid at execution of this Agreement, and upon WIFE'S completion of her obligations pursuant to Paragraph 4b of this Agreement, HUSBAND shall execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all his right, title and interest in and to the real estate situate and known as 335 Fulton Street, Enola, Cumberland County, Pennsylvania 17025 (the "Marital Home"), on the date of execution of this Agreement. The said conveyance shall be free of all liens and encumbrances except the lien of the existing mortgage, and shall be under and subject to any covenants and restrictions of record. HUSBAND hereby assigns WIFE any and all interest which he may have in any insurance policies covering the real estate, or in proceeds from such policies, or in any prepaid real estate taxes. WIFE hereby guarantees to indemnify HUSBAND and to hold him harmless for any and all payments due in accordance with the terms of the mortgage existing against the Marital Home. 4b. Release of Mortl!al!e Liability WIFE hereby agrees that within ninety (90) days of the date of this Agreement, she will cause the release of HUSBAND from any liability or obligation on all mortgage notes presently existing with respect to the Marital Home and upon which both parties hereto are liable. These mortgage notes include, but are not solely limited to, the mortgage note held by Chase Home Finance LLC. WIFE shall furnish to HUSBAND a copy of the evidence of the release of HUSBAND from any liability or obligation on all mortgage notes presently 5 existing with respect to the Marital Home and upon which both parties hereto are liable. WIFE shall be entitled to claim all mortgage and house equity interest for federal income tax purposes in calendar year 2006. 4c. Real Estate Expenses From the date of execution of this Agreement, WIFE agrees to assume as her sole obligation any and all mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims, damages and all other expenses incurred in connection with the Marital Home. WIFE further agrees and covenants to hold HUSBAND harmless from any liability or obligation arising from any expense incurred in connection with the Marital Home. 5. WAIVER OF RIGHTS AND MUTUAL RELEASE. The parties hereto have been informed of their rights under and pursuant to Divorce Code of Pennsylvania, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution, marital property, counsel fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the substantive law and hereby waive, release, and relinquish any further rights they may respectively have against the other for alimony, alimony oendente lite, equitable distribution, marital property, counsel fees, and expenses. From the date hereof, each party may acquire personal or real property in his or her own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subject to the provisions of this Agreement, each party has released, 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 from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spousal 6 support, alimony, alimony pendente lite, counsel fees, and expenses, equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spousal support, alimony pendente lite, alimony, counsel fees, and expenses or other equitable distribution of property. This Agreement is not intended to be, nor shall it be construed or deemed to be, a release or waiver of any right WIFE or HUSBAND may have to claim, assert, or obtain Social Security benefits to which either may have been entitled by virtue of the marriage relationship between WIFE and HUSBAND. 6. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS. The parties hereby waive any and all right to claim any interest or share in each other's pension, profit-sharing plans and other employee benefits, if any, from their present or past employers. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits (including but not limited to profit sharing, ESOP plans, pension contributions and plans and 401k plans) and are satisfied with the information provided. The parties acknowledge that they have been informed of their right to obtain an independent appraisal of each other's retirement and employment interests. Both parties agree to sign any and all documents necessary to cause the transfer of his or her interest in any pension/employment benefit, upon request by the other spouse. Further, both parties acknowledge that they understand they must notifY their employer and/or appropriate plan administrator of the removal and/or change of any such beneficiary designation. The execution of this Agreement is intended by the parties to operate as an effective consent under 29 U.S.C. S 1055(c) et seq. by the non-participant spouse to the election by the participant spouse to waive the QJSA and QPSA. Further, the execution of this Agreement is intended to operate as a valid spousal consent in compliance with 29 U.S.C. S(c)(2)(A) which sets forth the three requirements 7 for the non-participant spouse's consent to the participant's election to waive the QJSA and the QJPS. 7. FULL AND FAIR DISCLOSURE OF ASSETS. Both parties acknowledge that they have been given an opportunity to conduct investigations of the other party's assets or the parties' joint assets as he or she so desired, including formal appraisals, but do not wish to conduct such additional investigation or to receive any additional information concerning the other party's assets, present or future income and financial condition, and both parties hereby waive any rights which he may have to receive such additional information or to challenge the validity of this Agreement on the grounds that he did not receive a full and fair disclosure. 8. ESTATE RELEASE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights that he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, courtsy, statutory allowance, widow's allowance, or to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and the right to act as an administrator or executor of the other's estate, and each 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. 9. AFTER ACOUlRED PERSONAL PROPERTY. Each the parties shall hereafter own and enjoy, independently of any claims or rights of the other, items of real and personal property, tangible or intangible, hereinafter acquired by him 8 or her, with full power of 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. 10. PRIOR INCOME TAX RETURNS. The parties have heretofore filed joint federal and state income tax returns. WIFE agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against HUSBAND by reason of her having joined in the filing of said joint returns, WIFE will indemnifY and hold HUSBAND harmless from and against any loss or liability for such tax deficiency or assessment or any interest in penalty incurred as a result of WIFE's misrepresentation or failure to disclose the nature and extent of WIFE's separate income, and HUSBAND agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against WIFE by reason of him having joined in the filing of said joint returns, HUSBAND hereby agrees the he will indemnify and hold harmless WIFE from and against any loss or liability for any tax deficiency or assessment of any interest or penalty incurred as a result of HUSBAND's misrepresentation or failure to disclose the nature and extent of HUSBAND's separate income. II. REPRESENTATIONS AND WARRANTIES. The parties acknowledge that they have the right to require the filing of financial disclosure statements by the other, prior to the entering into this Agreement, and being so advised the parties acknowledge that they have waived their right to request such financial disclosures. 12. SEPARATION. It shall 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 determine fit. 9 13. NO INTERFERENCE. Each party shall be free from interference, authority, and control, direct and indirect, by the other as ifhe or she were single and unmarried. Neither shall molest the other, compel, nor endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society, or acquaintances, which either of the parties hereto may choose or have from this day forward. 14. DOCUMENTS. Each party shall, at the request of the other, execute, acknowledge, and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 15. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the dispute or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual covenant, no fault divorce pursuant to the terms of the Divorce Code of Pennsylvania. The parties agree to sign all necessary documents, including affidavits of consent, to secure the said no fault divorce. 16. ABSOLUTE AND FINAL SETTLEMENT. The provisions of this Agreement are intended to consider, determine, and distribute all 10 of the Assets of the parties hereto as part ofthe terms of this Marital Settlement Agreement. This Agreement is intended by the parties hereto to be a valid Marital Settlement Agreement, providing for the absolute and final settlement of their respective property rights and obligations of spousal support. This Agreement is not intended to be a mere separation agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or promises, other than those expressly set forth in this Agreement. 17. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities, and the assets ofthe other), and that each believes this Agreement to be reasonable under the circumstances and not the results of any duress or undue influence. 18. MODIFICATION AND WAIVER. Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall prevent or estop such party from thereafter enforcing such provision, right, or option, and the failure of either party to insist in anyone or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or a relinquishment for the future of any such or provision, but the same shall continue in full force and effect. 11 19. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution of this Agreement by both parties. 20. SITUS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 21. INDEPENDENT SEPARATE COVENANTS. It is hereby understood and agreed upon between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 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. 22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They should have no effect whatsoever in determining the rights or obligations of the parties. 23. SURVIVAL OF THIS AGREEMENT. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by other parties and no order, judgment, or decree of 12 divorce (temporary, interlocutory, final, or permanent) shall effect or modifY the financial terms of this Agreement. 24. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this contract hereby agrees to be responsible for payment of attorneys fees, legal costs, and expenses incurred by the other and enforcing their rights under this Agreement. 25. BINDING EFFECT. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives, and assigns of their respective parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following his or her signature as his or her own. 'I ., o ""1dL IlJ, .J ,j ,f~.f\ .~.~ TARA L. DIAZ \ \ ~\ \ ""~ "- , '~ " i^ \ \~ \>V. , NOEL J. DIAZ / (SEAL) I ( (SEAL) home/tlfldivorce/diaz-agt 13 COMMONWEALTH OF PENNSYL VANIA . , COUNTY OF 1)l1tt;:W/)...J : SS. On this, the;77l-ttay of ~.K'II ,2006, before me, the undersigned officer, personally appeared, TARA L. DIAZ, own to me (or sal1sfactonly proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (L~~ g i2~~ Notary Public COMMONWEALTH OF PENNSYLVANIA NcWial Seal . Uncia 8. Deaven. NoIary Public City 01 Hamsourg, Dauphin CounIy My ComrTllSSlOn Expires Fob. 25, 2010 Member. PennsylvaOla Association of Notaries COMMONWEALTH OF PENNSYL VANIA COUNTY OF 1/fliI ~IIIAJ On this, the~l/~day of &,.eL, 2006, before me, the undersigned officer, personally appeared, NOEL J. DIAZ, own to me (or sal1sfactonlyproven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. : SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,~$~~ Notary Public COMMONWEALTH OF PENNSYLVANIA . Notarial Seal Linda 8. Deaven, Notary Public CIty 01 Harrisburg. DaUphin County My CommlSSlOn Expires Feb. 25. 2010 Member, Pennsylvania ASSOCiation of Notaries EXHIBIT "B" TARA L. DIAZ, Plaintiff i j~r~:(,;Fjv i~Tj I \. ,~PR 1 2.2006 Ii ~ y . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE ORDER AND NOW. <hi, 11 #, ""y of Ae," ! . 2006. b..", _ tho fully executed Stipulation of the Parties it is herel>y ORDERED and DECREED that the following shall be the standard of custody pertaining to the Minor Child, Jayden Diaz, who was born on October 7, 2002 (the "Minor Child"): I. The Mother, Tara L. Diaz (the "Mother"), and the Father, Noel J. Diaz (the "Father") shall maintain joint legal custody of the Minor Child. 2. The Mother shall maintain primary physical custody of the Minor Child while the Father shall exercise periods of partial physical custody ofthe Minor Child upon agreement by the parties. 3. The Mother and the Father acknowledge that it is in the best interest of their Minor Child that each parent keep the other informed of the Minor Child's progress, and for any change in his health or any medical crisis. The Mother and the Father shall consult with each other and to have an equal input with regard to any major decisions which will impact their child's progress and/or physical and mental health, this will include the Minor Child's academic progress. 4. The Mother and the Father also acknowledge that it is in the best interest of their Minor Child that he has the benefit of each parent's parental guidance and each shall refrain from allowing the Minor Child to be exposed to the personal animosities that may exist between each other. 5. The Mother and the Father agree, in addition to any provisions which maybe contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the Minor Child in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld. 6. The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the period of custody. 7. If either the Mother or the Father decides to relocate farther than one hundred fifty miles from their present residence, they shall provide the other party with sixty (60) days notice prior to the relocation, thus giving the other parent an opportunity to modifY the current Custody Order entered pursuant to the Stipulation. 2 8. In the event that either party breaches any provision of this Order, and the other party retains counsel to insist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order. BY THE COURT: d. Dated: ,2006 3 fillJ > L {UJjX~ . TARA L. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLA..~D COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW () c-:- !"'---." ,:;:. 1.:::-::' L-:";' NOEL J. DIAZ, Defendant :-:-... 1-) '::;-1 "-I -'1-_ ;-il .,...:--~ : IN DNORCE :::-~, \f) ".~ , .. --: f"'~) "~J AND NOW, comes Tara 1. Diaz and Noel J. Diaz who do hereby stipulate arttt agree that< the following shall be the standard of custody and visitation which shall prevail and do consent to the entry by this Court of an Order incorporating the terms of this Stipulation: STIPULATION OF THE PARTIES I. Tara 1. Diaz (the "Mother"), and Noel J. Diaz (the "Father"), are the natural parents of one (1) child, namely, Jayden Diaz, who was born on October 7,2002 (the "Minor Child"). 2. The Mother and the Father shall maintain joint legal custody of the Minor Child. 3. The Mother shall maintain primary physical custody of the Minor Child while the Father shall exercise periods of partial physical custody of the Minor Child upon agreement by the parties. 4. The Mother and the Father acknowledge that it is in the best interest of their Minor Child that each parent keep the other informed of the Minor Child's progress, and for any change in his health or any medical crisis. The Mother and the Father agree to consult with each other and to have an equal input with regard to any major decisions which will impact their child's progress and/or physical and mental health, this will include the Minor Child's academic progress. 5. The Mother and the Father also acknowledge that it is in the best interest oftheir Minor Child that he has the benefit of each parent's parental guidance and each agrees to refrain from allowing the Minor Child to be exposed to the personal animosities that may exist between each other. 6. The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the Minor Child in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld. 6. The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the period of custody. 7. If either the Mother or the Father decides to relocate farther than one hundred fifty miles from their present residence, they agree to provide the other party with sixty (60) days notice prior to the relocation, thus giving the other parent an opportunity to modifY the current Custody Order entered pursuant to this Stipulation. 8. In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to insist in enforcing the terms thereof, the parties hereby agree 2 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF c.l/;nI3I-1lU/-rv() On this, the 10 day of Af//L ,2006, before me, the undersigned officer, personally appeared, TARA L. DIAZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N'.,(;~iJ /) I(P- NOTARIAL SEAL BRYAN J. KOLB, Notary Public EIII Pennsboto Twp.. County a Cumberland My Commission Expires January 13, 2010 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTYOF Cu~~/) On this, the.-!fL day of NI-/L- ,2006, before me, the undersigned officer, personally appeared, NOEL J. D1AZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL aRY AN J. KOlB, Notary Public East Pennsboro Twp.. County 01 Cumber1811d My Commission Expires January 13. 2010 3- fj/;y:J/- Notary pUbi.J { 4 that the breaching party will pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation. 9. The parties acknowledge that the Mother has been represented by counsel throughout the process of executing this Stipulation. The Father has been advised of his rights to seek legal representation in this matter and the parties acknowledge that the Father has waived such rights. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this ..-!t2. day of ~'l- , 2006. TARA L. DIAZ (j' ~ Ounn- 'do. ~ I~ , 3 TARA 1. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 6, 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. 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. S4904 relating to unsworn falsification to authorities. Date: 'l\t.5 ,2006 TARA L. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CNIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. Date: -.1J 2...:::' ,2006 I verify that the statements made in this Affi vit e true and correct. I understand that false statements herein are made subject to the pen 11 0 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. . '. TARA L. DIAZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1979 : CIVIL ACTION - LAW NOEL J. DIAZ, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under S3301(c) or SJJOI(d)(I) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Defendant was served with the Complaint via certified mail. return receipt requested. restricted deliverv. on April 17. 2006. in accordance with the Certificate of Service filed in this Court on April 24. 2006. 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by S3301(c) of the Divorce Code by Plaintiff on Julv 19. 2006 and bv the Defendant on Julv 23.2006. (b)(I) Date of execution of the Affidavit required by S3301(d) of the Divorce Code: NIA (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: None. All claims have been resolved through agreement between the parties. A true and correct copv of the Marital Settlement Agreement resolving Count II of the Divorce Action. to be incorporated but not merged into the divorce decree. is attached hereto as Exhibit "A". A true and correct copv of a signed custodv order. dated April 14.2006. resolving Count III of the Divorce Action is attached hereto as Exhibit "B". 5. (Complete either Paragraph (a) or (b)). (a) Date and manner of service of the Notice ofIntention to File Praecipe to Transmit Record. N/A. Plaintiff and Defendant have filed Waivers of Notice ofIntention to Request Entrv ofa Divorce Under Section 3301(c) of the Divorce Code with the Court. '- .... (b) Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: Julv 24, 2006 Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: Simultaneous with the filing of this Praecipe to Transmit Record. e y J.D. # 365 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 (Attorneys for Plaintiff) 2 c. :+i It: :+i :+i It: ff. "'ff. '" '" :+i:+i:t.i ;t; :t: :t: if. :t::t:;t;:t::t:;t; '" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. TARA L. DIAZ, No. 06-1979 VERSUS NOEL J. DIAZ, DECREE IN DIVORCE AND NOW, A ud TARA L. DIAZ , PLAI NTI FF, 2.<10 ~ s IT IS ORDERED AND DECREED THAT AND NOEL J. DIAZ , 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; NONE. ~~frROTHONOTAR~' :!: :+i :+l'" :+i :+i if. ;t; :+i ;F. :t.i:t.i :t.i ;F.:t.i :+l:!:'f'ff. ftl :+i :!:;F.:!: ;F. :+iftl;F.:+i:f. ;F.:tl;F. ;F. :f.:+i :+! _ * ~ ~ ~u, 1:). h -e; p4t p ~ ~ /,tp;'P9 dJO. f' el ... . .., . . ' ',~::' '-~ ": . .