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HomeMy WebLinkAbout06-7014LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isayor(aD-pirlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DARIN E. WEEKS : NO. 2006 - '70 /4-CIVIL TERM 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. 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, 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, PA 17013 717-249-3166 1-800-990-9108 LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 IsayIor(c_plrlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DARIN E. WEEKS : NO. 2006 - 7#%y CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff by and through her attorney Elizabeth J. Saylor, Esquire and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Laurel A. Weeks, an adult individual who has resided at 828 Tavistock Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 since March 2005. 2. Defendant is Darin E. Weeks, an adult individual who has resided at 828 Tavistock Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 since March 2005. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 16, 1998, in Nantucket, Nantucket County, Massachusetts. 5. Plaintiff and Defendant separated on October 27, 2006. 6. There have been no prior actions for divorce or annulment between the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling, but does not request the same. COUNT I -- DIVORCE 8. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 9. Plaintiff avers that the marriage between the parties is irretrievably broken. 10. Plaintiff requests the court to enter a decree in divorce. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: That a decree in divorce be entered dissolving the marriage between the two parties. COUNT II - EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 12. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 13. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing this Complaint. 14. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: The Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Date: /:; U 4° THE LAW OFFICE OF Peter J.`Russo,-Esquirev Attorney I.D. No. 72897 John N. Papoutsis, Esquire Attorney I.D. No. 70312 Scott A Stein, Esquire Attorney I.D. No. 81738 Elizabeth J. Saylor, Esquire Attorney I.D. No. 20013 Attorneys for Plaintiff 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 J. RUSSO, P.C. LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylorft"rlaw.com Attorneys for Plaintiff LAUREL A. WEEKS IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DARIN E. WEEKS : NO. 2006 - CIVIL TERM Defendant : IN DIVORCE VERIFICATION I, Laurel A. Weeks, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ) 0 5' O (o Laurel A. Weeks a' w G d co r ,k LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor(D-pirlaw.com LAUREL A. WEEKS Plaintiff V. DARIN E. WEEKS Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 7014 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing Notice and Divorce Complaint upon the person and in the manner indicated below: Certified Mail, Restricted Delivery, Return Receipt Requested, and addressed as follows: Darin E. Weeks 828 Tavistock Road Mechanicsburg, PA 17050 Date: /1-7' d w E. Bush, Paralegal LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor(c-Dpi rlaw. com LAUREL A. WEEKS Plaintiff V. DARIN E. WEEKS Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2006 - 7014 CIVIL TERM : IN DIVORCE ¦ Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of.the mallpieos, or on the front if space permits. 1. Artlde Addressed to: ?a? `?r ?. ? eeks A signature X ? Agent i resraes B. Received b (PrlnW C. DOIivary /CLAN ? C?-f?J 1 l?(7p D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ?Q tJo 3. Type Certified Mall ? Mall ? Registered Receipt for Menchandlse ? insured Mali ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7006 0810 0006 1052 8088 (fransfsr from service k60 Ps Form 3811, February 2004 Domeetlo Return Receipt 102595-02-WI540 C _ "'C? t _? -i YET lit ??^-' . 1.... ?. r ` • -'? i -? LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor(M-Pirlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW DARIN E. WEEKS : NO. 2006 - 7014 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE On December 9, 2006, 1 accepted service of the Divorce Complaint delivered to my residence on that same day and sig by Laurel A. Weeks. Dated: 1 Darin E. Weeks M r to Ln ? a Ul LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor -pjrlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DARIN E. WEEKS NO. 2006 - CIVIL TERM Defendant IN DIVORCE STIPULATED PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is hereby made and entered into this aday of ItW (Af 20014, by and between Laurel A. Weeks (hereinafter "Wife" and/or "Mother") and Darin E. Weeks (hereinafter "Husband" and/or "Father"). Witnesseth: Whereas, the Parties hereto are husband and wife, having been married on October 16, 1998;.and Whereas, marital differences and difficulties have arisen between the Parties; and Whereas, the Parties separated on October 27, 2006, and intended to continue to live apart and desire to forever completely settle separation of their marital and non-marital 1 LAW DEW property, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; and Whereas, Laurel A. Weeks is represented by Elizabeth J. Saylor, Esquire of The Law Offices of Peter J. Russo, P.C.; Whereas, the Parties have had adequate time and opportunity to consult with legal counsel; Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing promises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2 LAW DEW 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Wife shall assume all payments, including all loan payments, insurance and repair bills connected with the 2006 GMC Envoy currently in both Husband and Wife's name and in Wife's possession. With respect to this vehicle, Husband agrees that Wife shall retain possession of and retain as her sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this paragraph. Husband agrees to take whatever steps are necessary to place title of said vehicle in Wife's sole name. b. Husband shall assume all payments, including insurance and repair bills connected with the 2006 Jaguar currently in both Husband and Wife's name and in Husband's possession. With respect to this vehicle, Wife agrees that Husband shall 3 LAW DEW retain possession of and retain as his sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this paragraph. Wife agrees to take whatever steps are necessary to place title of said vehicle in Husband's sole name. 4. ASSUMPTION OF MARITAL DEBT The parties have an outstanding school debt of approximately Twenty Two Thousand Dollars ($22,000.00), and an outstanding mortgage of approximately Three Hundred and Sixty Thousand Dollars ($360,000.00), both of which shall be paid in full as set forth in Paragraph 6 below. Furthermore, each party shall be responsible for the balance of any credit card in their own personal name. It is specifically agreed by the parties that any payment or obligation due under this agreement shall not be dischargeable in bankruptcy. 5. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and those set forth in Paragraph 4, the parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Wife 4 LAW DEW c. represents and warrants to Husband that, since the date of separation, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of separation. Husband represents and warrants to Wife that, since the date of separation, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 6. RESIDENCE AND CONTENTS AND PERSONAL PROPERTY RESIDENCE During the course of this marriage, the parties resided at a residence located at 828 Tavistock Road, Mechanicsburg, Pennsylvania, 17050, which is mortgaged and deeded to both Husband and Wife. Both parties agree that the property shall be sold and the proceeds, after reasonable and customary settlement charges, shall be used to pay in full the student loan and mortgage set forth above in Paragraph 4, and the remaining amount of profit shall be split equally between the parties. 5 LAW DEW 7. CONTENTS AND PERSONAL PROPERTY As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances in which she took into her possession upon the parties separation or as set forth in Exhibit A, attached hereto and incorporated herein. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances he took into his possession upon the parties' separation or as set forth in Exhibit B, attached hereto and incorporated herein. 8. MISCELLANEOUS PROPERTY - PERSONAL AND MARITAL It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or non-marital property will be deemed the property of the physical possessor of said property. 9. RETIREMENT ACCOUNTS The parties shall keep any and all IRA's, 401k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 6 LAW DEW 10. JOINT ACCOUNTS All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and split equally between the parties and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 11. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 12. POST SEPARATION PROPERTY Wife forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Husband after their separation on October 27, 2006; Husband in the same manner forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Wife after their separation on October 27, 2006. 7 LAW DEW 13. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. A. Not later than ninety-seven (97) days following service of the Divorce Complaint or within seven (7) days of the execution of this agreement, whichever is later, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final degree in divorce. Further both parties shall execute a Waiver of Notice of Intention to Request Decree under Section 3301(c) of the Divorce Code of 1980, as amended. B. Wife shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. C. The right to request counseling is hereby waived by the parties. 8 LAW DEW 14. ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 15. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 16. INCOME TAX RETURNS Husband and Wife agree that (1) to file individual tax returns for each year beginning in 2006 and thereafter and (2) Husband shall have the right to claim Jake 9 LAW DEW?LL?r Weeks as a dependant on his yearly income taxes. 17. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 18. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal 10 LAW DE and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 19. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs, expenses, damages and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 20. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this 11 LAW DEW _?,?, Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, the Clerk of Orphans Court, the Clerk of the Superior Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 21. ADDITIONAL INSTRUMENTS Within no more than fifteen (15) days after demand therefore, each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 12 LAW DEW'S 22. CUSTODY PROVISION A. The parties shall share legal custody of Jake Weeks, born May 21, 2003, and agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Day to day decisions shall be the reasonability of the parent then having physical custody of Jake. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. B. Mother and Father shall have equally shared physical custody of Jake. C. Unless otherwise agreed by both Mother and Father, the parties shall have alternating weeks of physical custody beginning on Wednesday and ending the following Tuesday. 13 LAW DEW D. Each party shall notify the other party at least twenty-four (24) hours in advance if that party is not going to exercise his or her designated custody period(s). E. The parties agree on the following holiday custody schedule: The parties agree to alternate the Christmas holiday according to the following schedule: a. In Even years, Mother shall have Jake for period of up to seven (7) days to allow the possibility of Jake celebrating the holidays with extended family out of state. b. In Odd years, Father shall have Jake for a period of up to seven (7) days to allow the possibility of Jake celebrating the holidays with extended family out of state. 2. The parties agree to alternate the Thanksgiving holiday according to the following schedule: a. In Even years, Father shall have Jake for a period of up to seven (7) days to visit out of state family. b. In Odd years, Mother shall have Jake for a period of up to seven (7) days to visit out of state family. 14 LAW.._ DEW 3. The parties agree to Halloween and Trick or Treat as follows: a. Jake will trick or treat at the house with the parent who has him in their care on Halloween or trick or treat night. 4. The parties agree to July 4th according to the following schedule: a. In Odd years, Jake will spend up to seven (7) days including July 4th with his Mother to celebrate the day with out of state extended family. b. In Even years, Jake will spend up to seven (7) days including July 4th with his Father to celebrate the day with out of state extended family. 5. The parties agree to alternate May 21st (Jake's birthday) and Labor Day according to the following schedule: a. In Even years, Mother shall have Jake on May 21st from 9:00 A.M. until 8:00 P.M., and Father shall have Jake on Labor Day from 9:00 A.M. until 8:00 P.M. 15 LAW DEW b. In Odd years, Father shall have Jake on May 21st from 9:00 A.M. until 8:00 P.M., and Mother shall have Jake on Labor Day from 9:00 A.M. until 8:00 P.M. 6. The parties agree to alternate Memorial Day and Easter according to the following schedule: a. In Even years, Mother shall have Jake on Memorial Day from 9:00 A.M. until 8:00 P.M. and Father shall have Jake on Easter Sunday from 9:00 A.M. until 8:00 P.M. b. In Odd years, Father shall have Jake on Memorial Day from 9:00 A.M. until 8:00 P.M. and Mother shall have Jake on Easter Sunday from 9:00 A.M. until 8:00 P.M. 7. All other holidays and specific times for exchanging custody shall be by agreement of the parties with the exception that Mother shall have custody on Mother's Day from 9:00 A.M. until 8:00 P.M., and Father shall have custody on Father's Day from 9:00 A.M. until 8:00 P.M. 16 LAW DEW 8. Parent shall notify other parent at least twenty-four (24) hours in advance if he/she is not going to exercise his/her designated holiday custody periods. F. When Jake reaches public school age school attendance shall have priority over any party's visitation as set forth herein unless specifically agreed to by both parties. G. Father and Mother shall have the right to two (2) consecutive weeks of vacation including two (2) consecutive weekends with Jake each year. Parent shall give other parent at least thirty (30) days notice as to when he/she intends to exercise his/her vacation time. Each party shall provide the other with complete addresses and telephone numbers where they can be reached during their vacation. H. If for any reason either party wishes to take Jake out of the State or more than 100 miles from home, that party must give the other party at least ten (10) days notice and provide the other party with complete address and telephone numbers where they can be reached while out of state. All said trips out of state shall be no longer than two (2) weeks long without full consent of the other party. 1. If for any reason either party believes that he or she will be unable to supervise Jake for a period greater than eight (8) hours during his/her custodial time, 17 lA DE ft he/she shall provide the other party with advanced notice and allow the other party to exercise his or her right to pick up Jake at the other party's residence for the duration of parent's absence. J. Both parents shall encourage Jake to participate in extracurricular activities, and in so doing, each party shall make all reasonable efforts to ensure that Jake can attend any extracurricular events planned during either party's custodial time. K. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well being of the child and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's school, physician, psychologists or other individuals concerning the progress and welfare of the child. L. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special effort not to do so. Both parents shall establish a no conflict zone for the child and refrain from making derogatory comments about the other parent or third parties in the presence of the child and, to the extent possible, shall not permit third parties to make such comments in the presence of the child. 18 LAW DEW M. The parties acknowledge and agree that this Stipulation and Order shall supercede all prior Orders and is intended to be a final Order based on an agreement of the parties. 23. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 24. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this LAW DEW 19 Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 26. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. Any waiver by either party of any provisions of this Agreement of any right or operation hereunder, shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or 20 LAW DEW relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 27. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 28. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall 21 LAW DEW ?' survive such decree. 29. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 30. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 31. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 32. VOID CLAUSES 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 33. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 22 LAW DEW r 34. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement, which shall be the date on which the last party signs this document. IN TESTIMONY WHEREOF, witness the signature of the parties. hereto this Y1 day of J"N C:r? , 200jT LAUREL WEEKS Date: 2 cf Witness for LL?UlkEL WEEKS Date: -z 23 DARIN E. WEEKS Date: 1w U-7 Witness for DARIN E. WEEKS Date: LAW DEW CnIv r1l i T7 C7 ?4 i r LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor _pirlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DARIN E. WEEKS NO. 2006 - 7014 CIVIL TERM Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 7, 2006, and served on Defendant on December 9, 2006. 2. The marriage of plaintiff and defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 3/1 g/6-7 e_::2 1,e?;_"?K - Laurel A. Weeks ? P ? G ..? ? .. ?" Y'? `` ?. _ ? N _???, .?? t f,'` - .,..1 J `??.?. ,? }: ?"i. !T7 r` , F , ????? ..? ? LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor(cD_pirlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DARIN E. WEEKS Defendant. : NO. 2006 - 7014 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statement made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 3z/ Val Laurel A. Weeks P O -?, C?7 pl ? "? 'f7 LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 IsaylorAw'daw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW DARIN E. WEEKS : NO. 2006 - 7014 CIVIL TERM Defendant. : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 7, 2006, and served on Defendant on December 9, 2006. 2. The marriage of plaintiff and defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to uns c tion to a Date: arin E. Weeks C ? • r n ..?? LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 IsaylorApjrlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW DARIN E. WEEKS : NO. 2006 - 7014 CIVIL TERM Defendant. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statement made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: rin E. Weeks " C ) ;c ? ' f , `??-? s f ' ,??, ? . ,. _ ?? N Y - ft-LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor(cD-pirlaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DARIN E. WEEKS NO. 2006 - 7014 CIVIL TERM Defendant. IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint filed on November 15, 2006: Certified mail, return receipt, restricted delivery addressed to Defendant, who accepted service on December 9, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: (a) By Plaintiff Laurel A. Weeks, on March 19, 2007; (b) By Defendant Darin E. Weeks, on March 16, 2007. 4. Date of execution of the Waiver of Notice was executed: -I (a) By Plaintiff Laurel A. Weeks, on March 19, 2007; (b) By Defendant Darin E. Weeks, on March 16, 2007. 5. No other related claims are pending. Both parties have executed a Martial Settlement Agreement that shall be incorporated but not merged into the Divorce Decree. 6. Plaintiffs Affidavit of Consent and Waiver of Notice has been filed with the prothonotary simultaneously herewith. 7. Defendant's Affidavit of Consent and Waiver of Notice has been filed with the prothonotary simultaneously herewith. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff" Peter J. Russo, Esquire ID # 72897 Scott A. Stein, Esquire ID # 81738 ,--?lizabeth J. Saylor, Esquire I D # 200139 Date: 3 ? ??? U? ?.-z ?? ' .? ? rn : ?;!C ? ; 3? -f > ! .- i ? t, ? .i'? ???•? .? h ? 1 ^' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF j PENNA. LAUREL A. WEEKS, 2006-7014 No. VERSUS DARIN E. WEEKS, Defendant DECREE IN DIVORCE AND NOW, f1_10 r 1 7 2?a IT IS ORDERED AND LAUREL A. WEEKS DECREED THAT , PLAINTIFF, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; BY THE COURT: 1 PROTHONOTARY DARIN E. WEEKS 't Z,a- ) 1 ./Y c .i 4 LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor -podaw.com Attorneys for Plaintiff LAUREL A. WEEKS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW DARIN E. WEEKS : NO. 2006 - 7014 CIVIL TERM Defendant : IN DIVORCE ADDENDUM TO THE STIPULATED PROPERTY SETTLEMENT AGREEMENT WHEREFORE, the parties to this Addendum to the Stipulated Property Settlement Agreement (hereinafter "Addendum") are Laurel A. Weeks (hereinafter "Wife") and Darin E. Weeks (hereinafter "Husband"). WHEREFORE, said parties entered into a Stipulated Property Settlement Agreement on January 29"', 2007 (hereinafter "PSA"). WHEREFORE, due to a change in circumstances, it is the desire of both parties hereto to amend only those paragraphs of the PSA that are set forth below, with all other provisions of the PSA remaining binding. NOW THEREFORE, in consideration of the mutual promises and covenants LAW D 1 expressed herein, AND INTENDING TO BE LEGALLY BOUND HEREBY, the parties agree to amend the PSA as follows: 1. Paragraph 4 of Page 4 of the PSA shall be stricken in its entirety and amended to read as follows: Each party shall be responsible for the balance of any school debt in their own personal name. Furthermore, each party shall be responsible for the balance of any credit card in their own personal name. It is specifically agreed by the parties that any payment or obligation due under this agreement shall not be dischargeable in bankruptcy. 2. Paragraph 6 of Page 5 of the PSA shall be stricken in its entirety and amended to read as follows: During the course of this marriage, the parties resided at a residence located at 828 Tavistock Road, Mechanicsburg, Pennsylvania, 17050, (hereinafter "Marital Residence") which the parties acknowledge that they are title owners of that certain house and lot and all improvements thereon and that the Martial Residence is mortgaged and deeded to both Husband and Wife. The parties agree as follows with respect to the Marital Residence: a. Wife shall become the sole and exclusive owner of the Martial Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall 2 LAW &-i? D execute a deed transferring all of his right, title and interest in the Martial Residence to Wife, which shall be held in Escrow by the Law Offices of Peter J. Russo, P.C. Wife shall remove Husband's name from the mortgage on the Marital Residence within six (6) months from the execution of this Addendum. Upon proof being provided of Husband's removal from the mortgage, the original Deed being held in escrow shall be released to Wife for recording. 3. Paragraph 7 of Page 6 of the PSA shall be stricken in its entirety and amended to read as follows: As of the date of the execution of this Addendum, the parties shall transfer and assign their right, title, claim and interest in specific property. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances in which he took into his possession upon the parties' separation. Husband shall further have as his own all the items listed on Exhibit A attached hereto provided that Husband picks up the items within sixty (60) days upon the execution of this Addendum and at a time mutually agreed to by the parties. Wife shall place all of the items set forth on Exhibit A in one (1) general location within the Marital Residence prior to the agreed to time for pick up. Any items remaining in Wife's possession following sixty (60) days from the execution of this Addendum shall be Wife's property, free and clear of any claims of Husband. Notwithstanding the foregoing paragraph, Wife shall have as her own, free and 3 LAW DEW clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances she kept in her possession upon the parties' separation. 4. All other terms within the PSA except for Paragraphs 4, 6, and 7 therein shall be given full force and effect and remain binding on all parties hereto. The parties to this Addendum have hereunto set their hands and seals on the day of bA1,1-, 2007. "W/, L6EL A. WE S WITNESS FOR LAUREL A. WEEKS DARIN E. W ZZ42?2 171 Zk 4?'4 WITNESS FOR DARIN E. WEEKS LAW DEW 4 WITNESS F R LAUREL A. WEEKS WITNESS FOR DARIN E. WEEKS EXHIBIT A All exercise equipment Free Weights Bench Treadmill Bars Exercise Ball Various personal effects, which have been boxed and are located in garage Clothing Files, personal papers Family pictures Tools Chainsaw Electric Drill Black and Decker skill saw Black and Decker drill All Infant furniture/toys (including, but not excluded to) Crib Infant mattress Infant Car seats 5 La DEW COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF banCL4-16- On this, the _ day of NOi)ewnbp.r- , 2007, before me, a Notary Public, the undersigned officer, personally appeared Laurel A. Weeks known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. My Commission Expires l Notary Pu?ki COM MONWEALTH OF PENNSYLVANIA Notarial Seal Ashley Sipe. Notary Public Hampden Twp., Cumberland County My Commission Expires Oct. 12, 2011 Member. Pennsylvania Association of Notaries 6 LAW DEW r ... a t.. t - r