Loading...
HomeMy WebLinkAbout06-4233 Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, ~A 17011 (717) 731-1461 BARRY J. BASON, II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tJb-l.f;;.:J"3 CIVIL TERM MICHELLE L. BASOM, DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Thomas O. Gould, Esquire 10 #36508 2 East Main Street Shiremanstown, PA 17011 (n 7) 731-1461 BAIlRY J. BASOM, II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 (. - <./:l. ~3 CIVIL TERM MICHELLE L. BASOM, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301 (e) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Barry J. Basom, II. who resides at 555 Lexington Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Michelle L. Basom who resides at 555 Lexington Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 10, 1995 in Armstrong County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There were two children born of this marriage: Jocelyn C. Basom, born September 20, 1999 and Brielle A. Basom, born July 15, 2005. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. CLAIM I Cla~ for Custody 10. Paragraphs 1-10 are incorporated herein by reference hereto. 11. Plaintiff seeks shared legal and physical custody of the following children: ~ PRESENT RESIDENCE ~ Jocelyn C. Basom 555 Lexington Ave Mechanicsburg, PA 09/20/99 Brielle A. Basom 555 Lexington Ave Mechanicsburg, PA 07/15/05 The children were born in wedlock. The children are presently in the physical custody of Barry J. Basom and Michelle L. Basom who reside at 555 Lexington Avenue, Mechanicsburg, Pennsylvania. The children have resided with the following persons and at the following addresses: Person llrldress ~ Father & Mother 555 Lexington Ave Mechanicsburg, PA Jan04 - Present Father & Mother 1136 Baish Road Mechanicsburg, PA May96 - Jan04 The mother of the children is Michelle L. Basom who resides at 555 Lexington Avenue, Mechanicsburg, Pennsylvania 17055. She is married. The father of the children is Barry J. Basom, II, who resides at 555 Lexington Avenue, Mechanicsburg, Pennsylvania 17055. He is married. 12. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: HAM Relationship Michelle L. Basom Jocelyn C. Basom Briel1e A. Basom wife Daughter Daughter 13. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: BiI.me. Relationship Barry J. Basom, II Jocelyn C. Basom Brielle A. Basom Husband Daughter Daughter 14. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff can properly care for his children. B. Plaintiff can provide a stable and loving home. C. Plaintiff will place the best interest of the children before his own. 16. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and shared physical custody of his children as mutually agreed. Respectfully submitted, --rh-0:4 'i'J_ ~d..l Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 7/~s/o" ~ -J.~~$= arry/ J. Bas m, II NOTICE Q[ AVAILABILITY Q[ COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. I \~ <p ~ ~ l, ~ ~ \\ '" , , ~ ? ~ , IS , I "- ~ ~ . '-. ' ~ . , ~ , ." I V\ 0\0-- ~ .' . .--/ I C> ~ ~ ::r ~~ cl i1i '-.l \ '-',) I C") ~ ~ ~ ~ I .......' . ~ I '" ~ - . ~ j'---' - .. ~t~ - r"_'1 C " -....'- ~ 1 , ~ 1 ! 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACflON -lAW BARRY J. BASOM, II, Plaintiff : No. 06-4233 Civil Term v. : IN DIVORCE/CUSTODY MICHELLE L. BASOM, Defendant STIPUlATION FOR ENTRY OF CUSTODY ORDER MICHELLE L. BASOM (hereinafter referred to as "MOTHER"), and BARRY J. BASOM, II (hereinafter referred to as "FATHER"), having used the Collaborative Law Process to amicably settle and resolve the matter of custody with respect to JOCELYN C. BASOM, born September 20, 1999, and BRIELLE A. BASOM, born July 15,2005, their minor children, hereby stipulate and agree to the entry of an Order of Court awarding custody of JOCELYN and BRIELLE as follows: 1. The parents agree to share legal custody of JOCELYN and BRIELLE. The parents agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional, psychologist or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 2. The parents agree that MOTHER shall have primary physical custody of the minor children. 3. The parents agree that FATHER shall have partial physical custody of the minor children on alternate weekends. During the school year, FATHER shall have the children from Friday after school until Sunday at 8:00 p.m. During the summer months, FATHER shall have the children from Friday at 3:00 p.m. until Sunday at 9:00 p.m. In addition, FATHER shall have custody two (2) evenings per week. Unless otherwise agreed by the parents, during the school year the hours shall be from after school until 8:00 p.m.; and during the summer months, the hours shall be from 3:00 p.m. until 9:00 p.m. 4. The parents agree to share the responsibility to stay home from work to care for the children if they are ill, depending upon the circumstances at the time. 5. Holidays - The parents agree to the following schedule: a. Thanksgiving - The parents shall divide the Thanksgiving holiday into two (2) segments. Segment "A" shall be from the Wednesday before Thanksgiving at 3:00 p.m. until the Friday after Thanksgiving at 3:00 p.m. Segment "B" shall be from the Friday after Thanksgiving at 3:00 p.m. until the Monday after Thanksgiving at 8:00 p.m. In 2006 and in all even years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". In 2007 and in all odd years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". b. Christmas - The parents shall divide the Christmas holiday into two (2) segments. Segment "A" shall be from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas Day. Segment "B" shall be from 3:00 p.m. on Christmas Day until 3:00 p.m. on December 26th. In 2006 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2007 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". In addition, the parents shall equally share the remainder of the children's Christmas vacation. The parent having Segment "A" shall have custody for the first half of the remaining days beginning at 3:00 p.m. on December 26th. The parent having Segment "B" shall have custody beginning at 3:00 p.m. for the second half of the remaining days, which shall include New Year's, and ending at 8:00 p.m. the evening before school resumes. c. Easter - The parents shall alternate the Easter weekend each year from Friday at 3:00 p.m. until Sunday at 8:00 p.m. MOTHER shall have Easter in 2007 and in all odd years thereafter, and FATHER shall have Easter in 2008 and in all even years thereafter. d. Memorial Day, the Fourth of July and Labor Day - The parents shall alternate these holidays each year. In 2007 and in all odd years thereafter, FATHER shall have Memorial Day and Labor Day, and MOTHER shall have the Fourth of July. In 2008 and in all even years thereafter, MOTHER shall have Memorial Day and Labor Day, and FATHER shall have the Fourth of July. If the observed holiday is on Monday, the schedule shall be from Friday at 3:00 p.m. until Monday at 8:00 p.m. If the observed holiday is on Friday, the schedule shall be from Thursday at 3:00 p.m. until Sunday at 8:00 p.m. If the observed holiday is on Tuesday through Thursday, the hours shall be from 9:00 a.m. until 8:00 p.m. e. Trick or Treat - The parents shall alternate this holiday each year. In 2007 and in all odd years thereafter, MOTHER shall have Trick or Treat. In 2008 and in all even years thereafter, FATHER shall have Trick or Treat. The hours shall be from 3:00 p.m. until 9:00 p.m. f. Mother's Day and Father's Day - MOTHER shall have the children from 3:00 p.m. the Saturday before the holiday until 8:00 p.m. on Mother's Day. FATHER shall have the children from 3:00 p.m. the Saturday before the holiday until 8:00 p.m. on Father's Day. g. The holiday schedule shall take precedence over the regular custody schedule. The regular schedule shall resume immediately after the holiday. 6. Vacation - The parents agree that each shall have the children for three (3) uninterrupted weeks of vacation each year. A week shall be defined as nine (9) days from Friday at 3:00 p.m. until Sunday of the following weekend at 8:00 p.m. The parents agree that only two (2) of these weeks may be taken consecutively. The parents agree that, only by their mutual consent, shall vacation be taken during Christmas break or when the children would need to be absent from school. MOTHER and FATHER agree to give each other thirty (30) days notice of their chosen weekes) for vacation. In the event both parents choose the same weekes), the parent who gives first notice shall prevail. MOTHER and FATHER shall provide each other with contact information, address and phone number, during their vacations with the children. 7. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. It is the intent of the parents to be flexible with the custody schedule, taking into consideration their work commitments and the children's activities. 8. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent agrees to confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 9. The parents agree that neither shall permanently relocate if the relocation would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custody arrangements, either between themselves or within the Collaborative Law Process. If it is not possible to amicably resolve this issue, the sixty (60) day notice will give the parents an opportunity to have the matter listed for a Court hearing. For the children's welfare, neither parent should consider moving very far from the other until the children have reached adulthood. 10. The parents agree that during any period of custody, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. MOTHER and FATHER agree to keep each other advised of their current addresses and phone numbers. 12. The parents agree that each shall be entitled to reasonable telephone and internet contact with the children when in the custody of the other parent. 13. Both parents agree to establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. The parents agree that communication should always take place directly between the parents, without using the children as intermediaries. 14. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 15. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. I~\~vle~ ~ f~1 V~ ..' ,!1 WItnes 0 /2/zJ!(), Date ~~ ?). ~ Witness '- ~ .~ j f) 1/;:--- 1'-> c ~.. {"~'1~' . 1/"),; <J1/~ . " BARRyiJ. BASOM, II BARRY J. BASON, II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4233 CIVIL TERM MICHELLE L. BASON, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 26, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Ia...jar. lot. 6~J,Io~ BARRY J. BASON, II f'o--> = <:0"'" G~ o rq c-:> 1',,) ;e: -J-J" c:::; BARRY J. BASOM, II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4233 CIVIL TERM MICHELLE L. BASOM, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: /8/9.A! of. ~ --1 Ic,~. BARRY . BASOM, II ,.....:. 1;-:::;::"") c.;::> c:f' c? r~"t C-' .....i - - -- o - BARRY J. BASOM, II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4233 CIVIL TERM MICHELLE L. BASOM, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 26, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: IJ{ ~{~ ~~~ MICHELLE L. BASOM r--., = = c:T'" o ,..., C"? "'"~ o "T1 ::;::l mp1 cn ~ C:.1 BARRY J. BASOM, II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4233 CIVIL TERM MICHELLE L. BASOM, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301Cc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~JO/~Gf ~rfJ!;~ MICHELLE L. BASOM () r; ;~rT ...".?': .-......-.... t~' (+j C'.:> "-> ,~ <::::;) a" () ':r, :r! 111 :lJ -r; F; .:.';C.) Cj ('rl CJ f',) .:t;;... ~:t ',: (.~ '<,~. .........., ....".;1 ' ;~ ~I j;;;... ._') ~ - - L?t - '-,<.2:3 3 MARITAL SBTTI.BMBNT AGItBBMBNT TIIl:S _, made this J.,p ~ day of ~ 2006 by and between MICIIRT.T.1I! L. BASON of Cumberland County, Pennsylvania (hereinafter referred to as MICHELLE), and BARRY J. BASON, II of Cumberland County, Pennsylvania (hereinafter referred to as BARRY) , H.REREAS, MICHELLE and BARRY were lawfully married on June 10, 1995 in Armstrong County, Pennsylvania; and H.REREAS, two (2) children were born of this marriage, namely: JOCELYN C. BASON, born September 20, 1999; and BRiBLLB A. BASON, born July 15, 2005; and rrl:l.l&l<lliAS , diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of MICHELLE and BARRY to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; the settling of all matters between them relating to the parties' 1 minor children including parenting and maintenance; and in general, the settling of any and all claims by one against the other or against their respective estates. ffBI:RIf:AS, MICHELLE and BARRY and their respective counsel entered into a Collaborative Law Participation Contract dated July 24, 2006, and have used the Collaborative Law Process in negotiating this Agreement. HOW, ~, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, MICHELLE and BARRY, each intending to be legally bound, hereby covenant and agree as follows: 1. Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall 2 molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. SUbsequent Divorce: The parties acknowledge that BARRY filed a Complaint in Divorce on July 26, 2006 in Cumberland County, Pennsylvania, docketed to 06-4233 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any 3 term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement, or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. s. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Jfat:ua.l .Re~ease: MICHELLE and BARRY each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against 4 the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of MICHELLE and BARRY to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or 5 may hereafter acquire, except and only except all right and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice of Cotms.~: The provisions of this Agreement and their legal effect have been fully explained to MICHELLE by her attorney, MARYANN MURPHY, ESQUIRE, and to BARRY by his attorney, THOMAS D. GOULD, ESQUIRE. MICHELLE and BARRY acknowledge and accept 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 collusion or improper or illegal agreement or agreements. The parties further acknowledge that, pursuant to their Collaborative Law Participation Contract, they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of 6 income and that they waive any specific enumeration thereof for the purposes of this Agreement 8. Warrant:y as to Existing Ob~igatioDS: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9. EXIS~ZNG DEB~S: MICHELLE and BARRY acknowledge that the following is a complete list of their marital debts: (a) The joint mortgage with Washington Mutual on the marital residence located at 555 Lexington Avenue, Mechanicsburg, Cumberland County, Pennsylvania, with a balance of $221,608.83 on September 15, 2006; (b) The joint Horne Equity Loan with Member's 1st Federal Credit Union with an approximate balance of $20,894.31 on September 15, 2006; (c) The joint loan on the 2002 Mazda MPV with an approximate balance of $1,802.55 on September 15, 2006; 7 (d) The balance on a Capital One Visa credit card with an approximate balance on July 3, 2006 of in j oint names $2,014.28. MICHELLE and BARRY acknowledge that the marital home is currently on the market for sale. The parties agree to pay the balance of the mortgage on the marital residence, the balance of the Home Equity Loan, the balance of the loan on the 2002 Mazda MPV and the balance on the Capital One Visa at the time of settlement on their home. There are no other existing marital debts. 10. Warranty all to Future Ob~igatioDB: MICHELLE and BARRY each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. Jlarital RellideDce: MICHELLE and BARRY own, as tenants by the entireties, real property located at 555 Lexington Avenue, Mechanicsburg, Cumberland County, Pennsylvania. The parties acknowledge that the marital residence is currently on the 8 market for sale. When the house is sold, MICHELLE and BARRY agree to pay, at the time of settlement, the balance of the mortgage, the balance of the Home Equity Loan, the balance owed on the 2002 Mazda MPV, and the balance owed on the Capital One Visa. The parties further agree that the remaining net proceeds shall be divided equally between them. 12. Perso~ Pro.per~: MICHELLE and BARRY agree that they shall divide the personal property in the marital residence between themselves. In the event the parties are unable to agree to a division of this property, MICHELLE and BARRY agree to return to the Collaborative Law Process or seek the intervention of a mediator to help them with the distribution. MICHELLE and BARRY agree that the 90,000 miles/$450.00 airline points will be retained solely by MICHELLE. The parties agree that the above division of property is mutually acceptable to them, and neither wants to have this property appraised. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 13. Bank Accounts: The parties agree that MICHELLE shall 9 become the sole and exclusive owner of the balance of the funds in her PSECU accounts which include the savings, checking, vacation, Christmas and Money Market accounts. The balance in these accounts was approximately $25.92 on September 22, 2006. The parties agree that BARRY shall become the sole and exclusive owner of the balance of his Members 1st Federal Credit Union accounts which include the savings and checking accounts. The balance in these accounts was approximately $4,436.80 on September 22, 2006. 14. Stock: MICHELLE and BARRY agree that MICHELLE shall become the sole and exclusive owner of her Oracle stock, purchased prior to the marriage. The parties acknowledge that the value of the stock at the date of marriage was approximately $11, 025.00; and the value of the stock on June 6, 2006 was approximately $55,943.36. 15. Pension/Retir8D8Dt Beneri ts: that both have retirement benefits. The parties BARRY has an acknowledge Individual Retirement Account (IRA) with Ameriprise Financial, begun as a 401(k) prior to the marriage, with an approximate value of $53,132.57; and a SERS pension with an approximate value of $21,250.00. MICHELLE has a SERS pension with an approximate value of $37,500.00. MICHELLE and BARRY agree that each shall retain her or his 10 own pension/retirement benefits. Both parties agree to execute, upon request, any and all documents necessary to effectuate the terms of this agreement. 16. JIotor Vehic~es: The parties agree that MICHELLE shall have sole and exclusive ownership and possession of the 2002 Mazda MPV, currently titled in joint names. There is a joint loan on the Mazda MPV which the parties agree shall be paid in full at the time of settlement on their house. BARRY agrees to transfer title of the Mazda MPV to MICHELLE's individual name within thirty (30) days after the loan is paid in full. The parties agree that BARRY shall have sole and exclusive ownership and possession of the 1994 Acura Legend and the 1996 Ford Ranger currently titled in joint names. There are no loans on these vehicles. MICHELLE agrees to transfer title of the Acura Legend and the Ford Ranger to BARRY's indi vidual name wi thin thirty (30) days of the execution of this Agreement. 17. Life IDsuraace Po~ici.s: The parties agree that MICHELLE shall retain her Thri vent life insurance policy with a cash value on June 26, 2006 of approximately $2,941.00; and BARRY will retain his Thrivent life insurance policy with a cash value on June 26, 2006 of approximately $929.17. 18. After Acquired PersoD&1 Property: Each of the parties shall hereafter own and enjoy, independently of any claims or 11 right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 19 . App~icabi~i ty o~ 2'ax La.. t:o Property 2'rllDSfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20 . Wai ver o~ Spousal. Support:, Alimony Pendent:e Li te aDd Legal. '..s: MICHELLE and BARRY waive any rights they may have to spousal support, maintenance and alimony pendente lite. The parties agree to pay their own attorney's fees. 21. Waiver o~ Alimony: MICHELLE and BARRY acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and 12 support. MICHELLE and BARRY hereby waive, release and give up any rights they may respectively have against the other for alimony. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 22. Income Tax Ref:urns: MICHELLE and BARRY shall make the decision whether to file their 2006 tax returns jointly or individually after considering the tax consequences for both of them in order to maximize their gain and minimize their tax liability. For the 2006 tax year only, the parties shall equally share any tax refund or be equally responsible for any tax liability. The parties agree that each shall claim one child as a dependent for income tax purposes each year, alternating the child they will claim, unless there is a significant tax advantage for one parent to claim both children and the parents agree to cooperate with each other to maximize the benefit and minimize the liability for both of them. Unless otherwise agreed, MICHELLE shall claim Jocelyn and BARRY shall claim Brielle in even numbered tax years; and MICHELLE shall claim Brielle and BARRY shall claim Jocelyn in odd numbered tax years. 23. .I"a.ll. Disc~osur.: MICHELLE and BARRY each represent 13 and warrant to the other that, through the Collaborative Law Process, he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 24. Hatters Re~atiDg to Joce~.YD and Brie~~e: (a) Parentinq Issues MICHELLE and BARRY agree to execute a Stipulation for Entry of Custody Order regarding parenting issues with respect to their daughters. (b) Life Insurance MICHELLE and BARRY agree to each maintain a life insurance policy with a minimum face value of one hundred thousand dollars ($100,000.00) naming the other parent as beneficiary until Brielle reaches the age of twenty-three (23) years old. It is the intent of the parents that the proceeds from the life insurance policies shall be used by the surviving parent to help care for the children while they are minors, and to assist in college/post- secondary education costs after Jocelyn and Brielle graduate from high school. (c) Coll.eqe/Post-Secondary Education MICHELLE and BARRY, acknowledging the importance of education, express their intent to assist their daughters with 14 college/post-secondary education expenses if the parents are financially able to do so at the time. (d) Maintenance The parents have reached agreement regarding a support amount for Jocelyn and Brielle while the marital home is on the market for sale. After settlement on the marital home, MICHELLE and BARRY agree to readdress the issue of support for the children and determine an appropriate support amount. In the event the parents are unable to reach agreement, MICHELLE and BARRY agree to return to the Collaborative Law Process or to seek the intervention of a mediator to assist them in resolving this issue prior to initiating litigation. MICHELLE agrees to provide medical insurance coverage for the minor children for so long as it is available to her at a reasonable cost through her employer. MICHELLE and BARRY each agree to pay one-half (1/2) of all childcare expenses, before and after school care expenses, and unreimbursed medical bills for Jocelyn and Brielle. The parents understand that there may be fees for extracurricular activities for Jocelyn and Brielle. The parents agree to discuss these expenses and to cooperate with each other in paying them as their finances permit. 25. Disc~osur. and Waiver of Procedural .Rights: Each party 15 understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: (a) The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; Statement (b) of The right to obtain an Income the other party as provided by the and Expense Pennsylvania Divorce Code; (c) The right to have property is marital and which is distribute between the parties that determines to be marital; the Court determine which non-marital and equitably property which the Court (d) The right to rights, remedies, privileges, Agreement, including but not have the Court decide any or obligations covered by limited to, possible claims 16 other this for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 26 . Jrai ver or Hiodification to be in Jrri tiDg: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27. Jfut;ual. Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. App~icab~e Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. Agre....tJt BinAing on Beirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no 17 representations or warranties other than those expressly set forth herein. 31. Ot::her Do~f:atioD: MICHELLE and BARRY covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 32. No Waiver OD Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. Sever&bi~i~: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the 18 failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 34. Enforcement of Agr.~t: If either party believes that the other party has breached any provision of this Agreement, the parties agree to return to the Collaborative Law Process or seek the intervention of a mediator to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process or mediation, a party shall have the right at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 35. Beadings Not Part of AgrelMWrt: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not consti tute a part of this Agreement nor shall they affect its meaning, construction or effect. r.N W7TRBSS WBBRBOF, the parties hereto have set their 19 . . hands and seals this day and year first above written. J~l~!jp ~ Maryann urphy, Es . rJu~( ~ftJ. ~ Date Thomas D. Gould, Esq. "- i~'~~:~ ~~ ~~::tr J. , II 20 (') c~~' <~ -r} ',' r-~~ " ~ c:, c;~ C." 'r-~-! ("") :,~ :r.:~ C'--~ c ,.... t. .. - ~ DEe t 6 2006 111 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA CIVILACflON - LAW BARRY J. BASOM, II, Plaintiff . . . . : No. 06-4233 Civil Term v. . . : IN DIVORCE/CUSTODY MICHElLE L. BASOM, Defendant . . . . ORDER OF COURT AND NOW, this 2 -=t \ day of 'D~ . 2006, upon consideration of the attached Stipulation for Entry of Custody Order entered into by the parents participating in the Collaborative Law Process, IT IS HEREBY ORDERED AND DECREED that custody of JOCELYN C. BASOM, born September 20, 1999, and BRIElLE A. BASOM, born July 15, 2005, shall be as follows: 1. The parents shall share legal custody of JOCELYN and BRIRJ.J .R. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the children. Neither parent shall attempt to alienate the affections of the children from the other ro:S\\d l? J-n (~<.... ~~,'" !. -\'J ,-,\\\1! __ _~, ,J'vvv :10 parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional, psychologist or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 2. MOTHER shall have primary physical custody of the minor children. 3. FATHER shall have partial physical custody of the minor children on alternate weekends. During the school year, FATHER shall have the children from Friday after school until Sunday at 8:00 p.m. During the summer months, FATHER shall have the children from Friday at 3=00 p.m. until Sunday at 9:00 p.m. In addition, FATHER shall have custody two (2) evenings per week. Unless otherwise agreed by the parents, during the school year the hours shall be from after school until 8:00 p.m.; and during the summer months, the hours shall be from 3=00 p.m. until 9:00 p.m. 4. The parents shall share the responsibility to stay home from work to care for the children if they are ill, depending upon the circumstances at the time. 5. Holidays - The holiday schedule is as follows: a. Thanksgiving - The parents shall divide the Thanksgiving holiday into two (2) segments. Segment "A" shall be from the Wednesday before Thanksgiving at 3:00 p.m. until the Friday after Thanksgiving at 3:00 p.m. Segment "B" shall be from the Friday after Thanksgiving at 3:00 p.m. until the Monday after Thanksgiving at 8:00 p.m. In 2006 and in all even years thereafter , FATHER shall have Segment "A" and MOTHER shall have Segment "B". In 2007 and in all odd years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". b. Christmas - The parents shall divide the Christmas holiday into two (2) segments. Segment "A" shall be from 3:00 p.m. on Christmas Eve until 3=00 p.m. on Christmas Day. Segment "B" shall be from 3:00 p.m. on Christmas Day until 3:00 p.m. on December 26th. In 2006 and in all even years thereafter, MOTHER shall have Segment "A" and FATHER shall have Segment "B". In 2007 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". In addition, the parents shall equally share the remainder of the children's Christmas vacation. The parent having Segment "A" shall have custody for the first half of the remaining days beginning at 3:00 p.m. on December 26th. The parent having Segment "B" shall have custody beginning at 3=00 p.m. for the second half of the remaining days, which shall include New Year's, and ending at 8:00 p.m. the evening before school resumes. c. Easter - The parents shall alternate the Easter weekend each year from Friday at 3:00 p.m. until Sunday at 8:00 p.m. MOTHER shall have Easter in 2007 and in all odd years thereafter, and FATHER shall have Easter in 2008 and in all even years thereafter. d. Memorial Day, the Fourth of July and Labor Day - The parents shall alternate these holidays each year. In 2007 and in all odd years thereafter , FATHER shall have Memorial Day and Labor Day, and MOTHER shall have the Fourth of July. In 2008 and in all even years thereafter, MOTHER shall have Memorial Day and Labor Day, and FATHER shall have the Fourth of July. If the observed holiday is on Monday, the schedule shall be from Friday at 3=00 p.m. until Monday at 8:00 p.m. If the observed holiday is on Friday, the schedule shall be from Thursday at 3:00 p.m. until Sunday at 8:00 p.m. If the observed holiday is on Tuesday through Thursday, the hours shall be from 9:00 a.m. until 8:00 p.m. e. Trick or Treat - The parents shall alternate this holiday each year. In 2007 and in all odd years thereafter, MOTHER shall have Trick or Treat. In 2008 and in all even years thereafter, FATHER shall have Trick or Treat. The hours shall be from 3=00 p.m. until 9:00 p.m. f. Mother's Day and Father's Day - MOTHER shall have the children from 3=00 p.m. the Saturday before the holiday until 8:00 p.m. on Mother's Day. FATHER shall have the children from 3:00 p.m. the Saturday before the holiday until 8:00 p.m. on Father's Day. g. The holiday schedule shall take precedence over the regular custody schedule. The regular schedule shall resume immediately after the holiday. 6. Vacation - The parents shall each have the children for three (3) uninterrupted weeks of vacation each year. A week shall be defined as nine (9) days from Friday at 3:00 p.m. until Sunday of the following weekend at 8:00 p.m. Only two (2) of these weeks may be taken consecutively. Only by the parents' mutual consent shall vacation be taken during Christmas break or when the children would need to be absent from school. MOTHER and FATHER shall give each other thirty (30) days notice of their chosen weekes) for vacation. In the event both parents choose the same weekes), the parent who gives first notice shall prevail. MOTHER and FATHER shall provide each other with contact information, address and phone number, during their vacations with the children. 7. This custody schedule can be altered or modified by the mutual agreement of the parents. It is the intent of the parents to be flexible with the custody schedule, taking into consideration their work commitments and the children's activities. 8. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 9. Neither parent shall permanently relocate if the relocation would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custody arrangements, either between themselves or within the Collaborative Law Process. If it is not possible to amicably resolve this issue, the sixty (60) day notice will give the parents an opportunity to have the matter listed for a Court hearing. For the children's welfare, neither parent should consider moving very- far from the other until the children have reached .. adulthood. 10. During any period of custody, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. MOTHER and FATHER shall keep each other advised of their current addresses and phone numbers. 12. Each parent shall be entitled to reasonable telephone and internet contact with the children when in the custody of the other parent. 13. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. Communication should always take place directly between the parents, without using the children as intermediaries. 14. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending further Order of Court. BY THE COURT: Distribution: ~ Plaintiff: Thomas Gould, Esquire vror Defendant: Maryann Murphy, Esquire ~ J. . BARRY J. BASOM, II, PLAINTIFF v. MICHELLE L. BASOM, DEFENDANT . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. tJ?r'l2.33 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Michelle L. Basom and certify 't~~Ic>~ ATE Complaint in Divorce on behalf of that I am authorized to do so. ~~~~,~. 1.0. #fs,lqOc? () PMB 246 4902 CARLISLE PIKE MECHANICSBURG, PA 17050 (717) 730-0422 C) -on --1 ~ t".) --~;.-J en C) BARRY J. BAS OM , II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4233 CIVIL TERM MICHELLE L. BASOM, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE 1, Thomas D. Gould, attorney for Plaintiff, In the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant through her attorney Mary Ann Murphy by depositing the same in the United States mail on July 26, 2006 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant's attorney on July 27, 2006. JZ:,.,(W D. ~ Thomas D. Gould 1D # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 f".J (~) (-=~-::; ,-.... --;1 -~~~. <- --',,'" N ~ ,-:: (J1 '::? CJ BARRY J. BAS OM , II, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4233 CIVIL TERM MICHELLE L. BAS OM , DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On July 27, 2006, Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, December 20, 2006; By Defendant, December 20, 2006. 4 . Related claims pending: None 5. Date Plaintiff's Waiver of Notice in S 3301(c) divorce was filed with the Prothonotary on December 21, 2006. Date Defendant's Waiver of Notice in S 330l(c) divorce was filed with the Prothonotary on December 21, 2006. ~tlv7~. ~ Thomas D. Gould, Esquire Attorney For Plaintiff C'J -~.. ~".~ ~') C:';..) C~-:) -....J I f':) r....,) :Ii:+: :+: :Ii:ti:li:ti:ti:ti :ti :Ii :Ii:ti:tiff. :Ii :Ii :Ii:ti:li:li:ti:ti:ti:ti :Ii:ti:li:ti:li:li :Ii:li:li:ti:ti:ti:li:li:ti:ti:ti:li:ti:li:li :Ii:ti:li :Ii:li:li:li:ti:li IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. BARRY J. BASOM, II, Plaintiff No. 2006-4233 CIVIL VERSUS MICHELLE L. BASOM, Defendant DECREE IN DIVORCE AND NOW, JzJ7.V2\- \ 'i , 2607, IT IS ORDERED AND DECREED THAT BA.RRY ,1. RASOM , P LA I NT IFF, AND MICHELLE L. BASOM , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURfSDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None ~ c' PROTHONOTARY THE MARITAL SETTLEMENT AGREEMENT DATED DECEMBER 20, 2006 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. By THE COURT: ATTE " :Ii,.,:tiff.ff.ff.ff.ff.ff.ff.'t:ff.'t:ff.ff. '" "'~:Ii~"''''~~~~ff.ff.~ff.~ ff.ff.ff.ff.ff. ff.ff.ff.:+: ff. J. ~ /' ~/ ;ft~?/ ~ ~'?;m-11 .~ti; c..c,;l.LI / ~ ~.~ 7:!1-j/ ~ ~~- Yr' /.z //. ;''-k;;/ T~ ~.{l' {'I .