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HomeMy WebLinkAbout06-5382GRACE C. MARTIN, Plaintiff V. KURT F. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 53?? CIVIL TERM CIVIL ACTION-LAW 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 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILEA CLAIM FORALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 GRACE C. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 53 F*.2_? CIVIL TERM KURT F. MARTIN, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Grace C. Martin, an adult individual who currently resides at 616 Charles Street, Shippensburg, Cumberland County, Pennsylvania, 17257-2120. 2. Defendant is Kurt F. Martin, an adult individual who currently resides at 37 North East Street, Carlisle, Cumberland County, Pennsylvania, 17013-2504. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 17, 1987 in Cherry Hill, Camden County, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'I( STATE OF PENNA. GRACE C. MARTIN, n/k/a GRACE C. ORTHNER, Plaintiff NO. 2006-5382 _ -Civil VERSUS Defendant DECREE IN DIVORCE AND NOW, De- C-L , Lzu, LS , IT IS ORDERED AND DECREED T H A TG rLCj C. Martin n/k/a [;ra G. QrthnerPLAINTlFF, AND Kurt F Martin , 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; The par i s Martial Settlement Agreement dated November 29, 2006 is incorporated but not merged herein as a final Order of Court, BY THE CO RT: r,- P ATT i T: ?7 r, M ?? , {rut n (? nr/1? . PROTHC/VbTARY COUNT I -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Courtto enter a decree which effects an equitable distribution of marital property. COUNT 11 - CUSTODY 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. The parties have one child of their marriage, Victoria J. Martin, born July 29, 1993, age 13. The child was born in wedlock. The child is presently in the custody of Plaintiff at 616 Charles Street, Shippensburg, Cumberland County, Pennsylvania, 17257. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Grace C. Martin Kurt F. Martin 616 Charles Street Shippensburg, Pennsylvania 2001 - November 11, 2005 Grace C. Martin 616 Charles Street November 11, 2005 - Present Shippensburg, Pennsylvania The natural father of the child is Kurt F. Martin, currently residing at 37 North East Street, Carlisle, Cumberland County, Pennsylvania, 17013-2504. He is married to the Defendant. The natural mother of the child is Grace C. Martin, currently residing at 616 Charles Street, Shippensburg, Cumberland County, Pennsylvania, 17257-2120. She is married to the Plaintiff. 13. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Victoria J. Martin Relationship Daughter 14. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Relationship 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the child and give Defendant partial custody at such times as the parties agree. Respectfully submitted, Date: September, 2006 O'BRIEN, BARIC & SCHERER l? Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attomey for Plaintiff mas/Domestic/Martin, G race/d ivorce.com p GRACE C. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - CIVIL TERM KURT F. MARTIN, CIVIL ACTION-LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ??a? 2006" j Grace C. Martin '?: r ? -zoc r GRACE C. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - S3A2„ CIVIL TERM KURT F. MARTIN, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her previous name of Grace Carrie Orthner ? prior to the entry of a Final Decree In Divorce or after the entry of a Final Decree In Divorce dated and gives this written notice avowing her intention pursuant to the provisions of 54 P.S.A. 704. Dated: September t , 2006 -A race C. Martin TO BE KNOWN AS "_lace C. Orthner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. On the day of September, 2006, before me, a notary public, personally appeared Grace C. Martin to be known as Grace C. Orthner, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 17, 2010 Member, Pennsylvania Association of Notaries ,..., -- _ ?; ?? .? f . -' t ?. 1_ ?. [D\ V GRACE C. MARTIN, Plaintiff V. KURT F. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 55? J& CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the Z-Z day of September, 2006, I, Kurt F. Martin, Defendant, hereby accept service of the Divorce Complaint in the above-captioned action and acknowledge receipt of a true and attested copy of said Complaint. ?*6rt F. artin C> C'?. r.' `= ' ? CJ ' } ?.."_ = ? }'?'? w F ` r'? ..1. ?? ' ? ? ? i'i'i :'?i G"r '-. GRACE C. MARTIN, IN THE COURT OF COMMON PLEAS OF nka GRACE. C. ORTHNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2006 - 5382 CIVIL TERM KURT F. MARTIN, CIVIL ACTION-LAW Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 14, 2006. 2. An Acceptance of Service was signed by Defendant on September 22, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: December 2006 ,_J Grace C. Orthner GRACE C. MARTIN, nka GRACE. C. ORTHNER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5382 CIVIL TERM KURT F. MARTIN, CIVIL ACTION-LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 14, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: December. , 2006 urt F. Martin GRACE C. MARTIN, IN THE COURT OF COMMON PLEAS OF nka GRACE. C. ORTHNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2006 - 5382 CIVIL TERM KURT F. MARTIN, CIVIL ACTION-LAW Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ' °J1 day of ? "> Jcvv 2006, by and between Grace C. Martin, hereinafter referred to as "Wife", and Kurt F. Martin, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on October 17, 1987 in Cherry Hill, New Jersey; and, WHEREAS, the parties have been separated since November 11, 2005; and, WHEREAS, Wife has instituted divorce proceedings as captioned above; and, WHEREAS, the parties are the parents of Victoria J. Martin, born July 29, 1993; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301© of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Wife's counsel shall withdraw Wife's claim for economic relief. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband has chosen not to employ counsel in this matter but understands his right to secure counsel of his selection for legal advice. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being aware of its consequences. 4. TANGIBLE PERSONAL PROPERTY Wife shall become the sole owner of the Volkswagon Gulf that she presently drives and husband shall become the sole owner of the 1986 BMW that he currently drives. The parties have satisfactorily divided between themselves the items of personal property previously used by them in common and neither party shall make a claim for the property that is in the possession of the other spouse. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 616 Charles Street, Shippensburg, Pennsylvania. The parties are joint owners of the property. The parties purchased the marital residence in 1995 and have a mortgage against the property in the approximate amount of $75,000.00. A recent appraisal of the house indicated a value of approximately $210,000.00. In order to keep their child in the home and to maintain stability for her, Wife shall become the sole owner of the marital residence and Husband shall, concurrent with the execution of this agreement, sign a Deed transferring all his right, title and interest in the marital residence to Wife. The existing interest rate on the mortgage is very favorable. Wife shall continue to pay the mortgage and be solely liable for the mortgage, and Wife agrees to refinance to mortgage loan in the future if it at any time impairs Husband's credit or his ability to borrow money. B. WAIVER OF RETIREMENT BENEFITS Wife has a 403(b) retirement account valued at approximately $1,000.00 in connection with her former employment by the Shippensburg Presbyterian Church. Husband waives his interest in Wife's 403(b) account and Wife shall become the sole owner of that account. Husband has a thrift savings plan with his employer, the Letterkenny Army Depot, which is valued at approximately $156,800.00. Wife waives her interest in Husband's TSP account and Husband shall become the sole owner of that account. C. INTANGIBLE PERSONAL PROPERTY The parties had a joint checking account with Patriot Federal Credit Union with a small balance. The parties shall close that account and the proceeds therein shall become the property of Husband. Wife has a checking account at Orrstown Bank with a balance of approximately $2,200.00. Wife shall become the sole owner of that account. The parties were the owners of a certificate of deposit valued at approximately $10,000.00 which has been liquidated and the remaining proceeds shall become the separate property of Husband. The parties were the owners of a Vanguard Mutual Fund valued at approximately $14,300.00 and that account has been transferred into Wife's name alone and Wife shall become the separate property of Wife. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. 6. CHILD SUPPORT AND ALIMONY. Husband agrees to pay Wife the sum of $800.00 per month in child support. This amount may be changed based upon a change in circumstances of the parties. The child support shall begin on the date of this agreement and shall be paid privately from Husband to Wife. Either party may petition the Domestic Relations Office for collection and/or enforcement of this child support provision. Husband shall pay Wife alimony in the amount of $1,000.00 per month. The alimony payments shall begin at the time of the divorce. Alimony payments shall be made by husband to wife and may be modified by a Court on a showing of changed circumstances. The alimony shall terminate upon wife's cohabitation, remarriage or the death of either party. All such payments by Husband to Wife shall be deemed alimony, as described in the Internal Revenue Code and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband and shall be included in the year of receipt in the gross income of Wife. Except as set forth herein, each of the parties waives any further right or claim to alimony, spousal support or alimony pendente lite. The alimony obligation under this paragraph shall be confirmed by an order entered by the court in the divorce action pending between the parties. That order shall permit direct payments by husband and shall not require the enforcement or administration of the order to be done by the Domestic Relations Office but shall provide that, if husband fails to make any alimony payment, in full, within the month in which it is due, the Domestic Relations Office, on the request of wife, shall open or administer an account to collect, disburse, and enforce the alimony provisions of this agreement. 7. DEBTS AND OBLIGATIONS Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 9. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 11. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 12. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 13. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 14. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 15. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 17. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement 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 and effect. 18. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 19. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. WITNESS: f 1 ' r Gr ce C. Martin, w known as: ?L'tL?2'\ race C. Orthner Kurt F. Martin COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the day of `?, 2006, before me, the undersigned officer, personally appeared Grace C. Martin, now known as, Grace C. Orthner 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. {?`,ty?1G (seal) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fishes Nofay Public Carlisle Bono, C,,mheriand County My Commission Expires Apr, 17, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the day of _ L c-e.il>r,L-Ai:.v , 2006, before me, the undersigned officer, personally appeared Kurt E. Martin 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. 'F=isher, Notary Pubiic Carlisle Boro, Cumberland County My Commission Expires Apr. 17; 2010 Member. Pennsvivania Association of Notaries GRACE C. MARTIN, nka GRACE. C. ORTHNER, Plaintiff V. KURT F. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5382 CIVIL TERM CIVIL ACTION-LAW 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: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service on September 22, 2006. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on December 26, 2006; by Defendant on December 27, 2006. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: December 28, 2006. Date Defendant's Waiver of Notice was filed with the Prothonotary: December 28, 2006. Respectfully submitted, O'BRIEN, BARIC & SCHERER AA6..-- Ki?ichaell A. Scherer, Esquire GRACE C. MARTIN, nka GRACE. C. ORTHNER, Plaintiff V. KURT F. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5382 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this A" day of pct lf?l('.I2 2006, by and between Grace C. Martin (hereinafter referred to "Mother") and Kurt F. Martin (hereinafter referred to as "Father"); The parties are the natural parents of Victoria J. Martin, born July 29, 1993, (hereinafter referred to as "child"); and, WHEREAS, the natural parents are separated and living in separate residences; and, WHEREAS, the parties believe it to be in the best interest of the child that the parties share legal custody of the child at this time; and, WHEREAS, Mother shall have primary physical custody of the child and Father shall have partial physical custody of the child at such times as the parties agree. WHEREAS, the parties wish enter into this Agreement relative to the custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall share legal custody of the child, Victoria J. Martin, born July 29, 1993, (hereinafter referred to as "child"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the child's school, medical, dental, religious and other important records and the residence address of the other parent. 2. Mother shall have primary physical custody of the child and Father shall have partial physical custody of the child at such times as the parties agree. 3. The parties shall share physical custody of the child on holidays at such times and under such circumstances as the parties from time to time agree. 4. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 5. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 6. The parties acknowledge that they have read and understand the provisions of this Agreement. WITNESS: Date: September, 2006 Grace C. Martin nka Grace C. Orthner Wirt F. Makin Date: September 22 , 2006 maslDomestic%Martin,G racelcustody.stip C-7 ; CD CD 3 U , 4? .< yJUN 2 9 200 GRACE C. MARTIN, nka GRACE. C. ORTHNER, Plaintiff V. KURT F. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5382 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this the _a?day of T-SA %A , 2007, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of the child, Victoria J. Martin, born July 29, 1993, (hereinafter referred to as "child"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the child's school, medical, dental, religious and other important records and the residence address of the other parent. ! dr? , I ? rZ Wd 0 1 !Pr LOU if -96 2. Mother shall have primary physical custody of the child and Father shall have partial physical custody of the child at such times as the parties agree. 3. The parties shall share physical custody of the child on holidays at such times and under such circumstances as the parties from time to time agree. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Kurt F. Martin P.O. Box 338 Scotland, Pennsylvania 17254 BY THE COURT,