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IN THE COURT OF COMMON
PLEAS
COUNTY
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OF CUMBERLAND
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Albert Warren Baker, III,
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Plaintiff
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. Margaret Tate Baker,
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Defendant
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DECREE IN
DIVORCE
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AND NOW, ........ ..-:'1"!'?~... .~.~.. ., 19.9(;..., it is ordered and
decreed that... ..... .N!'!!r!:. \'l~IT~fl. !lPk~r,. ~~;r.,.. ...,... .,.", plaintiff,
and. .. . . . . .. . . . . .. .. ..l>!C!J::9<lI:Elt; .'1:<!t;~ .~I\IlJ::, . . . . . . . ... .. .. , , ", defendant.
are divorced from the bonds of matrimony,
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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; NCM:
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It ,i~ .~~t;~~ .q~[)E~,.~~[),. NI[).[)E;G~.1;l)Clt.tl)e.tetmS, ,provisioDS.BJ;ld
conditions OL a certain Marital Settlement Agreement between the parties dated
De.cem~r....~~,. 'f199.~, .ClnQ .Clttalcl!)ed .he:tethto, .are . incorporated .ill. this ,!?ecree. in
Divorce uz re erence as fu y as'if e same were set forth hereJJl at length.
Said Agr nt shall not merge with but shall survive this Decree in Divorce,
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110\\ I-:TI'. l'I~~;r:':"f':1C ". ~III.E"', P.C.
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AND
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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
MARGARET T. BAKER
ALBERT WARREN BAKER, III
TABLE OF CONTENTS
HEADING
1. ADVICE OF COUNSEL
2. DISCLOSURE OF ASSETS
3. PERSONAL RIGHTS
4. MUTUAL CONSENT DIVORCE
5. EQUITABLE DISTRIBUTION
(a) Marital Residence
(b) Burial Plots
(e) Household and Personal Property
(d) Vehicles
(e) Financial Accounts
(f) Employment Benefits
(g) Winding Hill Investment
(h) Partiesf Debt
(i) Miscellaneous Property
(j) Property to wife
(k) Property to Husband
(1) Assumption of Encumbrances
(m) Liability Not Listed
(n) Indemnification of Wife
(0) Indemnification of Husband
6. WAIVER OF ALIMONY
7. COUNSEL FEES, COSTS AND EXPENSES
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TABLE OF CONTENTS
(continued)
HEADING
EA!llt
8. CUSTODY
(a) Legal Custody
(b) Physical Custody
(1) Alternating Weekends
(2) Thursdays
(3) Holidays
(4) Christmas
(5) Easter
(6) Halloween
(7) Father's Birthday/Mother's Birthday
(8) Megan's Birthday
(9) Miscellaneous School HOlidays
(10) Summer Vacation
(11) Father's Day/Mother's Day
(12) Extra Time
(c) Consultation Regarding Megan 19
(d) Other Residences, Addresses and Telephone Numbers 19
(e) Non-Alienation 19
(f) Entry of Court Order 20
9. COUNSEL FEES, COSTS AND EXPENSES
10. WAIVER OF INHERITANCE RIGHTS
11. WAIVER OF BENEFICIARY DESIGNATION
12. RELEASE OF CLAIMS
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HEADING
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TABLE OF CONTENTS
(continued)
13. PRESERVATION OF RECORDS 24
14. MODIFICATION 24
150 SEVERABILITY 24
16. BREACH 24
17. WAIVER OF BREACH 24
18. NOTICE 24
190 APPLICABLE LAW 25
20. DATE OF EXECUTION 25
21. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 25
22. HEADINGS NOT PART OF AGREEMENT 26
230 AGREEMENT BINDING ON PARTIES AND HEIRS 26
24. ENTIRE AGREEMENT 26
25. MUTUAL COOPERATION 27
260 AGREEMENT NOT TO BE MERGED 27
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT
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is made this /~~
day of
, 1995, by and between MARGARET To BAKER, of
Dauphin county, pennsylvania (hereinafter referred to as "Wife"),
and ALBERT WARREN BAKER, III, of Dauphin county, Pennsylvania
(hereinafter referred to as "Husband") /
WITNESSETH:
WHEREAS, Margaret To Baker, social security number 206-36-
1646, was born on January 18, 1954, and presently resides at
2216 Highland circle, Harrisburg, Dauphin county, Pennsylvania
171100
WHEREAS, Albert Warren Baker, III, social security number
198-44-7509, was born on February 23, 1953, and presently resides
at 33 Beacon Drive, Harrisburg, Dauphin county, Pennsylvania,
17112.
WHEREAS, the parties hereto are husband and wife, having
been lawfully married on April 16, 1983, in Harrisburg, Dauphin
County, Pennsylvania;
WHEREAS, one child was born during the marriage of the
parties, namely, Megan Elizabeth Baker, born on December 17,
1991;
WHEREAS, the parties hereto are desirous of settling fully
and finally their respective financial and property rights and
obligations as between eaeh other, including, without limitation,
the settling of all matters between them relating to the
ownership of real and personal property, the support and
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maintenance of one another, the custody of their child Megan,
and, in general, the settling of any and all claims and possible
claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of these premises, and of
the mutual promises, covenants and undertakings hereinafter set
forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the
parties hereto, Husband and Wife, each intending to be legally
bound hereby, covenant and agree as follows:
10 ADVICE OF COUNSELo The provisions of this
Agreement and their legal effect have been fully explained to
the parties by their respective counsel. The parties acknowledge
that Wife has been represented throughout these proceedings by
cindy S. Conley, Esquire. The parties further acknowledge that
Husband has been represented, for the most part, throughout these
proceedings by Margaret M. Yenkowski, Esquire who is presently
unavailable to eonsult with Husband, Accordingly, at Husband's
request and Attorney Yenkowski's consent, Darryl Van ormer,
Esquire has reviewed the provisions of this Agreement with
Husband. Each party acknowledges that he or she has received
independent legal advice from counsel of his or her selection,
and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations, and each
party acknowledges and accepts that this Agreement is, in the
circumstances, fair and equitable, and that it is being entered
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into freely and voluntarily, after having received such advice
and with such knowledge, and that execution of this Agreement is
not the result of any duress or undue influence, and that it is
not the result of any improper or illegal agreement or
agreements. In addition, each party hereto acknowledges that he
or she has been fully advised by his or her respective attorney
of the impact of the Pennsylvania Divorce Code, whereby the court
has the right and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite,
equitable distribution of all marital property or property owned
or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and being fully advised of
his or her rights thereunder, each party hereto still desires to
execute this Agreement, acknowledging that the terms and
conditions set forth herein are fair, just and equitable to each
of the parties, and waives his and her respective right to have
the Court of Common Pleas of Dauphin County, or any other court
of competent jurisdiction, make any determination or order
affecting the respective parties' rights to alimony, alimony
pendente lite, support and maintenance, equitable distribution,
counsel fees and costs of litigation,
20 DISCLOSURE OF ASSETSo Each of the parties hereto
acknowledges that he or she is aware of his or her right to seek
discovery, including but not limited to, written interrogatories,
motions for production of documents, the taking of oral
depositions, the filing of inventories, and all other means of
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discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of civil Procedure. Each of the parties
further acknowledges that he or she has discussed with counsel
the concept of marital property under Pennsylvania law and each
is aware of his or her right to have the real and/or personal
property, estate and assets, earnings and income of the other
assessed or evaluated by the courts of this commonwealth or any
other court of competent jurisdictiono The respective parties do
hereby acknowledge, recognize and accept that there has been full
and fair disclosure to the other of his or her income, assets and
liabilities, and each party agrees that any right to further
disclosure, valuation, enumeration or statement hereof in this
Agreement is hereby specifically waived, and the parties do not
wish to make or append hereto any further enumeration or
statement. The parties hereby acknowledge and agree that the
division of the marital assets as set forth in this Agreement is
fair, reasonable and equitable, and is satisfactory to them.
Each of the parties hereto further covenants and agrees for
himself and herself and his or her heirs, executors,
administrators or assigns, that he or she will never at any time
hereafter sue the other party or his or her heirs, executors,
administrators or assigns in any action of contention, direct or
indirect, and allege therein that there was a denial of any
rights to full disclosure, or that there \1aS any fraud, duress,
undue influence or that there was a failure to have available
full, proper and independent representation by legal counsel.
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3. PERSONAL RIGHTS. Husband and I~ i fe may and shall,
at all times hereafter, live separate and aparto Each shall be
free from all control, restraint, interference and authority,
direct or indirect, by the othero Each may reside at such place
or places as he or she may select. Each may, for his or her
separate use or benefit, conduct, carryon or engage in any
business, occupation, profession or employment which to him or
her may seem advisableo Husband and lVife shall not molest,
harass, disturb or malign each other or the respective families
of each other, nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with
him or hero Neither party will interfere with the use,
ownership, enjoyment or disposition of any property now owned by
or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. The parties acknowledge
that their marriage is irretrievably broken and both waive the
right to request marriage counseling, Accordingly, Husband
shall, within thirty (30) days of the date of execution of this
Agreement, commence a divorce action pursuant to section 3301(C)
of the Divorce Code of 1980 as amended. Ninety (90) days
thereafter, both parties shall file a Section 3301(C) Affidavit
of Record and Husband's counsel shall take all steps necessary to
finalize the divorce 0 The parties, by this Agreement, have
resolved all ancillary economic issues related to their divorce
action. Accordingly, neither Husband nor IVife shall raise any
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economic issues of record upon the filing of the divorce
complaints.
50 EOUITABLE DISTRIBUTION. The parties acknowledge
that on March 17, 1983, they executed a pre-nuptial agreement.
Pursuant to that agreement, the parties agree that their property
shall be distributed as follows:
(a) Marital Residence. The parties acknowledge
that during the marriage they acquired real property known as 312
Deerfield Road, Camp Hill, Pennsylvania 17011. This property was
owned by the parties as tenants in common with Wife owning a
nine-tenths (9/10) interest and Husband owning a one-tenth (1/10)
interest in said property. Furthermore, the parties acknowledge
that after separation the marital residence was sold and that the
net proceeds of sale of the property have been distributed
between the parties to their mutual satisfactiono Accordingly,
Wife hereby waives any and all right, title and interest she may
have in the proceeds distributed to Husband and Husband hereby
waives any and all right, title and interest he may have in the
proceeds distributed to Wife. Any capital gains tax liability
associated with the sale of this home sllall be borne equally by
the parties.
(b) Burial Plots. 1~e parties acknowledge that
during the marriage they acquired two burial vaults at Blue Ridge
Memorial Gardens which they own as tenants by the entiretieso
The parties agree that the two burial plots shall beeome
Husband's sole and exclusive property and that Wife hereby waives
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any and all right, title and interest she may have in the burial
plots. Accordingly, Wife agrees to execute, upon Husband's
request, any documents necessary to transfer the burial plots to
Husband's name aloneo Husband shall be responsible for any and
all expenses related to the burial plots, including but not
limited to, any expense ineurred to transfer the burial plots
from joint names to Husband's name alone.
(c) Household and Personal prooertvo Except as
otherwise provided in this Agreement, as of date of execution of
this Agreement, Husband hereby sets over, transfers and assigns
to Wife any and all of his right, title, claim and interest in
and to all of the household and personal property currently in
Wife's possession, ineluding, but not limited to, all furniture,
furnishings, rugs, carpets, household appliances and equipment,
clothes, jewelry, furs, personalty and other items of tangible
property of whatever nature currently in I~ife's possessiono
Except as otherwise provided in this Agreement, as
of date of execution of this Agreement, Wife hereby sets over,
transfers and assigns to Husband any and all of her right, title,
claim and interest in and to all of the household and personal
property currently in Husband's possession, including, but not
limited to, all furniture, furnishings, rugs, carpets, household
appliances and equipment, clothes, jewelry, furs, personalty and
other items of tangible property of whatever nature currently in
Husband's possession.
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(d) Vehicles.
(1) Husband agrees that Wife shall retain
possession of and receive as her sole and separate property the
1989 Dodge Colt automobile titled in her name, along with all
rights under any insurance policy thereon, and the responsibility
for payment of any outstanding indebtedness pertaining thereto
and insurance thereon, and Wife shall indemnify and hold Husband
and his property harmless from any liability, cost or expense,
including attorney's fees, incurred in connection with this
automobile 0
(2) Wife agrees that Husband shall retain
possession of and receive as his sole and separate property the
1991 Dodge Colt automobile titled in his name, along with all
rights under any insurance policy thereon and the responsibility
for payment of any outstanding indebtedness pertaining thereto
and insurance thereon, and Husband shall indemnify and hold Wife
and her property harmless from any liability, cost or expense,
including attorney's fees, incurred in connection with this
vehicle.
(e) Financial Accounts. The parties acknowledge
that prior to marriage, Wife owned various certificates of
deposits, mutual funds, checking and savings accounts, insurance
accounts, and stocks and bonds, some of which no longer exist.
The identity of these various financial accounts and their
disposition during the marriage is as follows:
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IDENTITY OF FINANCIAL ACCOUNI DISPOSITION
I, First Fedoral Savings & loon Association No Longer In E~istcnce
Certlflcote of Depollt No, 2'27,038S48 Utilized to Purchase ~Ife's Vehicle
Of ,ho Sb,OOO orlglno' Bolonee ' S4,500 Romolnlng
2, first federal Savings & Loan Association $1.S00 Spent on Miscellaneous Eape"'"
Certlflcoto of Deooslt Account No, 13.001710 During the Marriage
3, Investorls Group of companies . Investorl~ Mutual Cashed and Rot Icd'Over Into
Mutuol Fund Account No, 010702243 S99.b Huveen HutUQI fund
4, NotlonWldo Inyeltlng Foundotlon
NotlonYlde Fund Opened Account Cashed and Rolled-Ovor into
Mutuol Fund Account No, 13116703007 Nuveen Mutual Fund
B.11.lllce lro1nsferrcd to Henbcr's first Account
S. commonwealth Notional Bank ~ith nn Averago Monthly Balance of
Checking Account No, 262-1061064 S200,DO
6, First Federal Savings & Lonn Association Of Origlool S10,152,89
Savlnas Account No. ','.911104 l.oorO.lilllo1tet... 102 600 Rt"Il\Oin-
7, First Federal Savings & Loon AssociotiGn 111 i s account w..~ coo..o1 idMt'd wi th
Savini. Account No. 4195 the ;Jccount 1 istcd in NulbCr 6 obove.
8, Douphln Deposit Oonk 'hi~ ~ccount was liquld~tcd to poy for
Hone'" Market Account No. 94.93'919.4 the o.1.rtles' ufos to Enaland.
9. Douphln Deposit Bonk
IRA Account No, 02-15'80,OO130S Rolled.Over to DelDw~re Orouo IRA
10. Royal Arconium Life Insurance Comp~ny C~sh~ nnd procceds utilized to purchose
Policy No, J01S353 Nuycen Stock
11. New England Mutual Life Insurance Company Ca~hed and proceeds utilized to purchase
Policy No, 2479326 IlUyeen and Phoenix Balance-Stock
12, Acacia Mutual Life Insurance Con~any Cash'~ and proceeds utilized to purchase-
Policy No, 84H33 Phoenix Balance StOCk
13. Notional Life Insuronce Company Cnsh<.'cJ &lnd pratecds ut 11 hed to purchase
Policy No, 1021543 Phoenix Bnlonce Stock
14, Pennsylvonia Life Insuronce company conceled
Pollc~ No, 4513713-0
15, Pennsylvonla Life Insurance Company Rolled.over to
Pol icy No, 368477, I Phi I.ldeloh.in Life universal Policy
P.art 1<.IIl rot lcd-oyer to stock in
16, American Telephone ond Telegraph COlIpany Stock Soutn"l.~stC'rn Bell Corporat ion, Bell At 10nt ic
Account No, 064'027'926 CvrpiJl'"tic.n. NYNEK and Pacific Telesis Orouo Stock
No CMngc
17. Octorara SchOOl Board Bonds
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-These funds were used during the marriage to pay the re3l c~tate tRAes ossocioted with the maritDl
residence.
Husband hereby waives any and all right, title and
interest he may have in the above-referenced financial accounts.
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In addition, Husband waives any and all right, title and interest
he may have in any accounts subsequently acquired by Wife
including, but not limited to, her Nuveen Tax-Exempt Mutual Fund,
account number 0450206361646, her Nuveen Tax-Exempt Unit Trust,
her IDS Mutual Fund, her Southwestern Bell Corporation Stock, her
Bell Atlantic Corporation stock, her NYNEX Stock, her Pacific
Telesis Group stock, her Delaware Group IRA, and her Phoenix
Balance stocko Likewise, Wife waives any and all right, title
and interest in any financial accounts in Husband's name alone.
Notwithstanding the above, the parties acknowledge
that during the marriage they acquired a Phoenix Growth Fund
Series Account, account number 3479541 as tenants by the
entireties 0 The parties further acknowledge that this account is
intended to be utilized as Megan's college fund accounto The
parties also acknowledge that they will cooperate in establishing
a trust account into which these funds I-li11 be placed. Megan
will be the beneficiary of the trust and the parties will be the
trustees 0 The purposes of the trust will be to provide for
Megan's educational expenses, however, the funds shall be
released towards such expenses only upon agreement of the
parties, The parties agree that the Phoenix Growth Fund series
Account shall continue in the joint names of the parties even
after the divorce and until such time as the funds are placed
into the above-mentioned trust. HOl-lever, the parties also agree
that neither party shall remove any funds from the account
without the written agreement of the other party. The parties
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agree that the account shall be maintained solely for Megan's
use. In addition, Husband agrees that commencing February 1,
1997 and continuing the first day of each month thereafter until
Megan reaches the age of eighteen (18) or graduates from high
school, whichever last occurs, Husband and Wife shall contribute
the sum of Seventy Five Dollars ($75,00) each per month to the
account. Once the trust is established, both parties shall
continue to contribute the sum of Seventy Five Dollars ($75000)
each month to the trusto
(f) Emolovment Benefitso The parties hereby
waive any and all right to claim any interest or share in each
other's pension, profit sharing plans and other employee
benefits, if any, from their present or past employerso The
parties acknowledge that Wife is employed by Pennsylvania Blue
Shield and Husband is employed by the Harrisburg School District.
Both acknowledge that they have received information regarding
the existence or non-existence of such employment benefits
(including but not limited to profit sharing, ESOP plans, pension
contributions and plans and 401(k) plans) and are satisfied with
the information so provided. Both parties agree to sign any and
all documents necessary to cause the transfer of his or her
interest in any pension/employment benefit upon request of the
other part Yo Further, both parties acknowledge that they
understand they must notify their employer and/or appropriate
plan administrator of the removal and/or change of any such
beneficiary designation.
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(g) WindinQ Hill Investment. The parties
acknowledge that during the marriage they acquired an interest in
the Winding Hill Center which is currently titled in the joint
names of the parties. The parties agree that this interest shall
be continued to be held in joint names. Accordingly, any funds
received from this investment shall be divided equally between
the parties. Each party or their estate shall be responsible for
claiming one half (~) of any capital gains liability associated
with this investment 0 Likewise, any losses due to this
investment shall be divided equally between the parties and each
party or their estate shall be entitled to claim one-half (\) of
any such losses on his or her federal income tax return.
(h) Parties' Debt. The parties represent and
warrant to each other that since separation, they have not
incurred any debts or made any contracts for which the other
party or the other party's estate may be liable, The parties
shall not contract or incur any debt or liability for which the
other spouse's property or estate might be responsible and shall
indemnify and save harmless the other spouse from any and all
claims or demands made against the other spouse by reason of
debts or obligations incurred by him or hero Each party shall be
responsible for any and all credit card debt in his or her own
name and shall indemnify and hold the other party harmless for
any such debto
(i) Miscellaneous prooertvo Any and all property
not specifically addressed herein shall be hereafter owned by the
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party to whom the property is titled; and if untitled, the party
in possessiono This Agreement shall constitute a sufficient bill
of sale to evidence the transfer of any and all rights in such
property from each to the other.
(j) Propertv to I~ifeo The parties agree that
Wife shall own, possess, and enjoy, free from any claim of
Husband, the property awarded to her by the terms of this
Agreement 0 Husband hereby quitclaims, assigns and conveys to
Wife all such property, and waives and relinquishes any and all
rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property.
This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from
Husband to Wifeo
(k) Propertv to Husband, The parties agree that
Husband shall own, possess, and enjoy, free from any claim of
Wife, the property awarded to him by the terms of this Agreement.
Wife hereby quitelaims, assigns and conveys to Husband all such
property, and waives and relinquishes any and all rights thereto,
together with any insurance policies covering that property, and
any escrow accounts relating to that property 0 This Agreement
shall constitute a sufficient bill of sale to evidence the
transfer of any and all rights in such property from Wife to
Husband.
(1) Assumption of Encumbrances. Unless otherwise
provided herein, eaeh party hereby assumes the debts,
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encumbrances, taxes and liens on all the property each will hold
subsequent to the date of this Agreement, and each party agrees
to indemnify and hold harmless the other party and his or her
property from any claim or liability that the other party will
suffer or may be required to pay because of such debts,
encumbrances or liens.
(m) Liabilitv Not Listed. Each party represents
and warrants to the other that he or she has not incurred any
debt, obligation or other liability, other than those described
in this Agreement, on which the other party is or may be liable.
A liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred or may hereafter
incur it, and such party agrees to pay it as the same shall
become due, and to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations
and liabilities.
(n) Indemnification of Wifeo If any claim,
action or proceeding is hereafter initiated seeking to hold Wife
liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend wife against
any such claim, action or proceeding, whether or not well-
founded, and indemnify her and her property against any damages
or loss resulting therefrom, including, but not limited to, costs
of court and actual attorney's fees incurred by Wife in
connection therewitho
(0) Indemnification of Husband. If any claim,
action or proceeding is hereafter initiated seeking to hold
Husband liable for the debts or obligations assumed by Wife under
this Agreement, Wife will, at her sole expense, defend Husband
against any such claim, action or proceeding, whether or not
well-founded, and indemnify him and his property against any
damages or loss resulting therefrom, including, but not limited
to, costs of court and actual attorney's fees incurred by Husband
in connection therewith.
6. WAIVER OF ALIMONV. Husband and Wife represent and
acknowledge that by the distribution of the property provided for
herein, they each have sufficient property to provide for her or
his reasonable needs and each is able to support herself or
himself. Therefore, notwithstanding anything to the contrary
contained in this Agreement or in the Divorce Code, Husband and
Wife hereby expressly waive, discharge and release any and all
rights and claims which he or she may have now or hereafter by
reason of the parties I marriage to ill imony, alimony pendente
lite, support and/or maintenance or other" like benefits resulting
from the parties' status as husband and wifeo The parties
further release and waive any rights they may have to seek
modification of the terms of this paragraph in a court of law or
equity, it being understood that the foregoing constitutes a
final determination for all time of either party's obligation to
contribute to the support and maintenance of the othero
15
"-.._-""'."'",--
7. COLLEGE EXPF:l:!SES 0 'I'llI.' p<lt'ties agree, that should
Megan elect to attend college ot' a vocational institution
following her graduation ft'om high school, that each party shall
be responsible for one-half (~) of Megan's undergraduate college
expenses or vocational expenses not covered by the college
fund/trust established by the parties and addressed in paragraph
5(e) of this Agreement. Educational expenses shall include
tuition, room and boat'd (including full meal plan), fees, books,
supplies and transportation expenses. However, the total shall
be limited to the equivalent to the cost of Penn State Main
Campus. If Megan is living off campus, then instead of room and
board, educational expenses shall include actual expenses for
rent, utilities and food,
The pat'ties obligation undet' this pat'agraph shall
cease upon the first of the following events:
(a) the child's death; or
(b) the child receiving a bachelor's degree or
it's equivalent; or
(c) the child's completion of four (4)
consecutive or non-consecutive academic years of higher
education; or
(d) the child ceasing full-time attendance for
more than two (2) academic tet'ms more than once during the
child's undergraduate sChooling, except for medical reasons on
the advice of a trained physician:
16
(e) the child's reaching the age of twenty-four
(24) years; or
(f) in case of disability.
80 CUSTODY. The parties agree that, until further
order of court or agreement of the parties, custody of Megan
shall be as follows:
(a) Leaal CustodY. Legal custody shall be shared
between the parties.
(b) phvsical Custodv. Wife shall have majority
physical custody of Megan. Husband shall have partial physical
custody of Megan as follows:
(1) Alternating I~eekendso Every other
weekend from Friday after school through Monday morning when
Husband drops Megan off at school.
(2) Thursda12. Every Thursday evening
after school through Friday morning when Husband returns Megan to
school.
(3) Holidavs. Alternating holidays with the
specific time to be agreed upon between the partieso The
holidays shall be Thanksgiving, Ne\~ Year's Day, Memorial Day,
Fourth of JUly, and Labor Day.
(4) Christmas, Husband shall be entitled to
custody of Megan every December 23rd at 6:00 porn. and return
Megan to Wife by 10:00 p.mo on December 240 Wife shall be
entitled to custody of Megan every Christmas holiday from 10:00
p.m. on December 24 through December 26,
17
(5) Easter. Husband shall be entitled to
custody of Megan during the Easter holiday when the Easter
holiday falls during his custodial weekend.
(6) Halloweeno If trick-or-treat is
scheduled for a different night in the areas that Mother and
Father reside, each party shall be entitled to custody of Megan
on the night scheduled for trick-or-treat in his/her area with
specific times to be agreed bet~leen the partieso If trick-or-
treat is scheduled for the same night in both areas, then the
Halloween holiday shall be shared by the parties as they may
agreeo
(7) Father's Birthdav/Mother's Birthdavo
Father shall always have custody of Megan on his birthday and
Mother shall always have eustody of Megan on her birthday, with
specific times to be agreed upon by the parties. If Fatherfs
birthday falls on a school da), Husband will pick Megan up from
school and return her to school the next dayo If Wife's birthday
falls on Husband I s scheduled day, \~ife ~Iill pick Megan up from
school and returns her to school or to Husband's residence the
next dayo
(8) MeQan's Birthdav. The parties shall
each be entitled to spend time with Megan on her birthday as they
may agree. If it falls on a school day, Husband will have
custody of Megan from 3:00 p.mo to 6:00 p.mo If it falls on a
weekend, whoever does not have custody of Megan will have her
from 5:00 p.m. through 9:00 porn,
18
(9) Miscellaneous School Holidavso If the
holiday is a normally scheduled day for Nife and she does not
have off work, then Husband shall have custodyo Any
miscellaneous school holidays not specifically mentioned herein
shall be shared between the parties as they may agreeo
(10) Summer Vacationo Husband shall be
entitled to five (5) non-consecutive weeks with Megan during the
traditional summer school vaeation. Husband shall provide Wife
with at least thirty (30) days written notice of the time he
wishes to exercise such vacation custody with Megan. wife shall
also be entitled five (5) weeks with Megan during the traditional
summer school vacationo Wife shall provide Husband with at least
thirty (30) days written notice of the time she wishes to
exercise such vacation custody of Megano
(11) Father's Dav/Mother's Davo Nife shall
always have custody of Megan on Mother's Day from 12:00 p.m. to
7:00 p.m. and Husband shall always have custody of Megan on
Father's Day from 12:00 p.m. to 7:00 p.m.
(12) Extra Time. Both parties agree that
Husband may spend time with Hegan at such other times as the
parties may mutually agree.
(c) Consultation RegardinQ MeQan. Husband and
Wife shall consult with each other as often as may be necessary
regarding matters pertaining to Megan.
(d) Other Residences. Addresses and Telephone
Numbers. All residences, addresses and telephone numbers where
19
Megan may be Reached shall at all times, including vacations, be
known to both partieso
(e) Non-Alienation. The welfare and convenience
of Megan shall be the prime consideration of the parties in any
application of the provisions of this Agreement 0 Neither party
shall alienate or attempt to alienate or destroy the affection of
Megan for the other parent, but shall exert every reasonable
effort to foster a feeling of affection between Megan and both
partieso
(f) Entrv of Court Order. The parties agree that
the terms of this custody paragraph may be entered as an order of
court at the request of either party and enforceable by the court
as if a full hearing had been conducted 0
90 COUNSEL FEES. COSTS AND EXPENSESo Each party
shall be responsible for his or her ()\~n legal fees, costs and
expenses incurred in connection with their separation and/or the
dissolution of their marriage, and the preparation and execution
of this Agreement.
100 WAIVER OF INHERITANCE RIGHTS 0 Unless otherwise
specifically provided in this Agreement, effective upon the
execution date, Husband and Wife each waives all rights of
inheritance in the estate of the other, any right to elect to
take against the Will or any trust of the other or in which the
other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of
their marriage, except the rights saved or created by the terms
20
of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights
provided under the laws of Pennsylvania, or any other
jurisdiction, and shall include all rights under the pennsylvania
Divorce Codeo
11. WAIVER OF BENEFICIARV DESIGNATION. Unless
otherwise specifically set forth in this Agreement, each party
hereto specifically waives any and all beneficiary rights in and
to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and
retirement plans of any sort or nature, deferred compensation
plans, life insurance policies, annuities, stock accounts, bank
accounts, final pay checks or any other post-death distribution
scheme, and each party expressly states that it is his and her
intention to revoke by the terms of this Agreement any
beneficiary designations naming the other which are in effect as
of the date of execution of this Agreemento If and in the event
the other party continues to be named as beneficiary and no
alternate beneficiary is otherwise designated, the beneficiary
shall be deemed to be the estate of the deceased party.
Notwithstanding the foregoing, however, in the event that either
party hereto specifically designates the other party as a
beneficiary after the date of exeeution of this Agreement, then
this waiver provision shall not bar that party from qualifying as
such beneficiary.
21
120 RELEASE OF CLAIMSo
(a) Wife and Husband acknowledge and agree that
the property dispositions provided for herein constitute an
equitable distribution of their assets and liabilities pursuant
to ~3502 of the Divorce code, and Wife an1 Husband hereby waive
any right to division of their property except as provided for in
this Agreement. Furthermore, except as otherwise provided for in
this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title
or interest whatsoever he or she may have in property transferred
to the other party pursuant to chis Agreement or idencified in
this Agreement as belonging to Che other party, and each party
agrees never to assert any claim to said property or proceeds in
the future. However, neither party is released or discharged
from any obligation under this Agreement or any instrument or
document executed pursuant to this Agreement. Husband and Wife
shall hereafter own and enjoy independently of any claim or right
of the other, all items of personal property, tangible or
intangible, acquired by him or her from the date of execution of
this Agreement with full power in him or her to dispose of the
same fully and effectively for all purposes 0
(b) Eaeh party hereby absolutely and
unconditionally releases and forever discharges the other and the
estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter
has for past, present or future support or maintenance, alimony
22
oendente ~, alimony, equitable distribution, counsel fees,
costs, expenses, and any other right or obligation, economic or
otherwise, whether arising out of the marital relationship or
otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as under any other law of any other
jurisdiction, except and only except all rights and obligations
arising under this Agreement or for the breach of any of its
provisions. Neither party shall have any obligation to the other
not expressly set forth herein.
(c) Except as set forth in this Agreement, each
party hereby absolutely and unconditionally releases and forever
discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by
virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any
former or future acts, contracts, engagements or liabilities of
the other or by way of dower, curtesy, 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
23
the laws of pennsylvania, any state, commonwealth or territory of
the United states, or any other country.
(d) Except for the obligations of the parties
contained in this Agreement and such rights as are expressly
reserved herein, each party gives to the other by the execution
of this Agreement an absolute and unconditional release and
discharge from all causes of action, claims, rights or demands
whatsoever in law or in equity, which either party ever had or
now has against the other.
13. PRESERVATION OF RECORDS 0 Each party will keep and
preserve for a period of four (4) years from the date of their
divorce decree all financial records relating to the marital
estate, and each party will allow the other party access to those
records in the event of tax auditso
14. MODIFICATION 0 No modification, rescission, or
amendment to this Agreement shall be effective unless in writing
signed by each of the parties hereto,
15. SEVERABILI'l'l'. If any provision of this Agreement
is held by a court of competent juriSdiction to be void, invalid
or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect
without being impaired or invalidated in any wayo
160 BREACH 0 If either party hereto breaches any
provision hereof, the other 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
24
17. WAIVER OF BREACH 0 The waiver by one party of any
breach of this Agreement by the other party will not be deemed a
non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal fees actually
incurred in the enforcement of the rights of the non-breaching
party.
waiver of any other breach or any provision of this Agreemento
lB. NOTICE 0 Any notiee to be given under this
Agreement by either party to the other shall be in writing and
may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or
addressed to the following:
Albert Harren Baker, III
33 Beacon Drive
Harrisburg, Pennsylvania, 17112
and to Wife, if made or addressed to the following:
Margaret T. Baker
2216 Highland circle
HarriSburg, PA 17110
Notice shall be deemed to have occurred upon the date received by
the recipient. Each party may change the address for notice to
him or her by giving notice of that change in accordance with the
provisions of this paragraph.
19. APPLICABLE LA\v. All acts contemplated by this
Agreement shall be construed and enforced under the laws of the
Commonwealth of Pennsylvania in effect as of the date of
execution of this Agreement.
25
200 DATE OF EXECUTION. 'l'lIe "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which the parties signed the Agreement if they do so on the
same date, or if not on the same date, then the date on which the
Agreement was signed by the last party to execute this Agreement.
This Agreement shall become effective and binding upon both
parties on the execution date.
210 EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE 0
This Agreement shall remain in full force and effect and shall
not be abrogated even if the parties effect a reconciliation,
cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force
and effect in the event of the parties' divorce. There shall be
no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement
or any term of this Agreement to be null and void.
22. HEADINGS NOT PART OF AGREEMENT. Any headings
preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall
not constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
23. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective
heirs, executors, administrators, legal representatives, assigns,
and successors in any interest of the parties.
26
240 ENTIRE AGREEI~EN'r. Each party acknowledges that he
or she has carefully read this Agreement, including all schedules
attached hereto; that he or she has diseussed its provisions with
an attorney of his or her own choice, and has executed it
voluntarily and in reliance upon his or her own attorney; and
that this instrument expresses the entire agreement between the
parties concerning the subjects it purports to cover and
supersedes any and all prior agreements between the partieso
This Agreement should be interpreted fairly and simply, and not
strictly for or against either of the parties.
25. MUTUAL COOPERATIONo Each party shall on demand
execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiary designations, tax
returns, and other documents, and shall do or cause to be done
every other act 'or thing that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these
provisions, that party shall pay to the other party all
attorney's fees, costs, and other expenses actually incurred as a
result of such failure.
260 AGREEMENT NOT TO BE MERGEDo This Agreement may be
incorporated into a decree of divorce for purposes of enforcement
only, but otherwise shall not be merged into said decreeo The
parties shall have the right to enfurce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain
any remedies in law or in equity undel' this Agreement as an
27
independent contract. Such remedies in law or equity are
specificallY not waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and
seals on the dates of their acknowledgments.
~ (!. llt/Irt'IIMJJ
WITNE S
J?1(~jT Rnk.
MARGARE T. BAKER
gA~~/
WITNESS
CL~/;&>~U(~9-
ALBERT HARREN BA ER, III
28
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFO])4('{"I.., ~,
)
)
)
BEFORE ME, the undersigned authority, on this day personally
appeared MARGARET To BAKER, known to me to be the person who
executed the foregoing instrument, and who acknowledged to me
that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /~
day of
-"r)F~".nI,~~
.
, 1995.
Cl 0 C? 0:.:::' (, Q
~~n";Ubl i~-lt"~~d for
Commom:eal th of Pennsylvania
Typed or printed name of Notary:
Nolarial Soal P bile
. I NOlal1 u
wp:iiiiuphln counly
, ~~~:ronEiPII8SMaY9, 1998
My commission expl.r 3'7 dtlolM8l
~, .
29
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~N~~'<'"
)
)
)
BEFORE ME, the undersigned authority, on this day personally
appeared ALBERT WARREN BAKER, III, known to me to be the person
who executed the foregoing instrument, and who acknowledged to me
that she exeeuted same for the purposes and considerations
therein expressed.
GIVEN UNDER MY
dOA1.Y9#
u;/
HAND AND SEAL OF OFFICE this J. day of
, 199fi.
Notary PUblic in and for
Commonwealth of Pennsylvania
Ty d or printed name of otary:
My commission expires:
~SeeI
{)Q/of1MIJa'M'II,~~
anto'Jl..- \lOCO. ~ Q.I9i17
IoIyCormJOS<lllE:<lJlllS .,
.~~
30
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IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-- LAW
,ALBERT WARREN BAKER, III
PLAINTIFF
, )
)
)
)
, )
)
NO.
1110 Civil, 1994
VS
MARGARET TATE BAKER
DEFENDANT
PRAECIPE TO TRANSMIT RECORD
To The Prothonotary:
Transnit the record, together with the follCMing infonmtioo, to the court for entry of a divorce decree:
1. GrourII for divorce: irretrievable breakdcJIon urder sectioo (3lJI(e) (3lJl(d)(l) of the divorce QxIe.
(StriI<e out inapplicable sectiooo)
2. Ll:Ite and rmnner of service of the canplaint:
12efehdf1.d Ctrc;dd...J'l'Iwiu I pt'Je.l,fl"r;I{y" M /YJaJeci x: IY~
3. (Catlllete either IIIIB&I"8ph (a) or (b)
(a) Ll:Ite of executioo of the affidavit of consent required by sectioo 3lJl(e) of the Divorce QxIe:
by plaintiff Fel>lItuclIf.lJ .9.0./99C.
'" .
by defendant 1=iohltu()':j ~ I ~?(
(b)(l) IBte of executioo of the plaintiff's affidavit required by Sectioo 3lJl(d) of the Divorce QxIe:
N/A :(2) Ll:Ite of service of the plaintiff's affidavit upon the
defendant: N/A
4. Related clains pending: None
5. Ll:Ite and rmnner of service of the notice of intentioo to file praecipe to transnit record, a copy of
Wrlch is attached, if the decree is to be entered under sectioo 3lJI(d)(l)(i) of the Divorce Qx\e,
a~~b~
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IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALBERT WARREN BAKER, III
Plaintiff
.
.
v.
MARGARET TATE BAKER, Defendant
.
.
No. 1110 Civil, 1994
.
.
CERTIFICATE OF SERVICE
AND NOW, this 20th day of Februarv, llH, I Albert
Warren Baker, Plaintiff, hereby certify that I this day served the
within Praecipe to Transmit Record to finalize the pending Action
in Divorce, upon the persons indicated below, by depositing a true
and correct copy of the same in the United States Mail, postage
prepaid, at E1izabethtown, Pennsylvania, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure:
Cindy S. Conley, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Bya~L~~
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/
ALBERT WARREll BAKER, III
Plaintiff
IN THE COURT OP COMMON PLEAS
: CUMBERLAND COUNTY, PEHHSYLVAHIA
NO. 1110 CWJ /'1'ly
:
.
.
v.
:
:
: CIVIL ACTION - LAW
MARGARET TATE BAKER,
Defendant
.
.
COUNT I - DIVORCE
Plaintiff, by his attorneys Zeigler & Zimmerman, P. C.
respectfully represents:
1. Plaintiff is Albert Warren Baker, III, who currently
resides at 209 1/2 Reno street, New Cumberland, Cumberland County,
Pennsylvania 17070.
2. Defendant is Margaret Tate Baker, who currently resides
at 312 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania
17011.
3. Plaintiff and Defendant are sui juris, and both have been
bona fide residents of the Commonwealth of Pennsylvania, for a
period of more than six (6) months immediately preceding the filing
of this Complaint.
4. The parties were married on the 16th day of April, 1983,
at Harrisburg, Dauphin County, Commonwealth of Pennsylvania.
5. Plaintiff is proceeding under the following sections of
the Divorce Code:
(a) 23 Pa. C.S.A. 53301(c) (Mutual Consent)
(b) 23 Pa. C.S.A. 53301 (d) (Irretrievable Breakdown)
6. There have been no prior actions of divorce or annulment
between the parties.
7. The parties entered into a written Prenuptial Agreement
dated March 17, 1993.
8. other than the Prenuptial Agreement of March 17, 1993 the
parties have not entered into a written agreement as to support,
visitation of children, alimony, or property division.
9. The Plaintiff and Defendant have lived separate and apart
since October 15, 1993.
10. 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.
11. The Defendant has been advised of the availability of
counseling and that Defendant may have the right to request that
COUNT II - EOUITABLE DISTRIBUTION
the Court require the parties to participate in counseling.
WBEREPORE, plaintiff requests your Honorable Court to enter a
decree in divorce, divorcing plaintiff and Defendant.
12. Paragraphs 1 through 11 of this complaint are
incorporated herein by reference as though set forth in full.
13. plaintiff and Defendant have acquired property, both real
and personal during their marriage from April 17, 1983, until the
present.
14. Plaintiff and Defendant have not been unable to agree as
to an equitable distribution of said property.
WBEREPORE, Plaintiff requests the Honorable Court to equitably
divide all marital property and to enjoin Plaintiff and Defendant
from the removal, disposition, alienation, or encumbering of all
real and personal property of the parties.
3
<'
-........ ,'"",~-,<
COUNT XXX - CUSTODY
15. paragraphs 1 through 11 of this Complaint are
incorporated herein by reference as though set forth in full.
16. Plaintiff and Defendant are the parents of the following
child born of the marriage:~
Date
of
Birth
&m
Residence
Megan Elizabeth Baker
12/17/91
2
Same as
Defendant
17. The child Megan Elizabeth Baker has resided at 312
Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011,
since birth.
18. Plaintiff believes that the best interest and welfare of
the child will be served by ordering shared physical custody of
Megan Elizabeth Baker to Plaintiff and Defendant.
19. Plaintiff believes that the best interest and welfare of
the child will be served by ordering shared legal custody to
Plaintiff and Defendant of Megan Elizabeth Baker.
4
WHERBPORB, Plaintiff requests the Court to order that
Plaintiff and Defendant shall share both legal and physical custody
of the child, Megan Elizabeth Baker.
Respectfully submitted,
ZBIGLER , ZIHKBRMAN, P.C.
By
M re ,
Attorne I. D. # 5815
355 N. 21st st., P.O. Box 1080
Camp Hill, PA 17011
Attorney for Plaintiff
s
ALBBRT WARREN BAKER, :EII I :EN THE COURT OP COHMON PLEAS
Plaintiff 0 CtlJIBBRLAND COUNTY, PBNNSYLVANIA
0
0 NO. )I/O ~vd /1f r
0
vo 0
0
0
0
Hl\RGARBT TATB BAKER, 0 CIV:EL ACT:EON - LAW
0
Defendant I
NOT:ECE OP AVAILABIL:ETY OP COUNSBLING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding
filed in the Court of Common Pleas of Cumberland County.
This
notice is to advise you that in accordance with S202(d) of the
Divorce Code, you may request that the Court require you and your
spouse to attend marriage counseling prior to a divorce decree
being handed down by the Court. A list of professional marriage
counselors is available at the Domestic Relations Office,
Cumberland County Courthouse, One Courthouse Square, Carlisle, PA
17013. This list will be made available to you upon request. 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.
6
,-,-,,;, "',1b~,'P"",,,,',,,'h'> .,' "",_-.A.'
",~"'-"-'~".",~;':'
If you desire to pursue counseling, you must make your request
for counseling within 20 days of the date on which you receive this
notice. This request must be made upon proper motion filed with
the Court. Failure to do so will constitute a wavier of your right
to request counseling.
.1~......~ '<- p Wu..Jz......,. _
prothonotary(!
7
ALBBRT WARRBN BAltBR, III I IN THB COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I NO. 1110 ~.:(' /9'11
v. I
I
MARGARBT TATB BAltBR, I CIVIL ACTION - LAW
Defendant I
PLAINTIFF'S WAIVBR OF COUNSBLING
Plaintiff, by his attorney, Margaret M. Yenkowski, Esquire,
files this affidavit stating:
1. That Plaintiff, Albert Warren Baker, III, is an individual
residing at Cumberland County, Pennsylvania.
2. That Defendant is Margaret Tate Baker, an individual
residing in Cumberland County, Pennsylvania.
3. That a divorce complaint was filed by Plaintiff on
(lIe!.'!:"'..! Y , 1994 on the grounds of:
\
(a) 23 Pa. C.S.A. 53301(c) (Mutual consent)
(b) 23 Pa. C.S.A. 53301 (d) (Irretrievable Breakdown)
8
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4. That Plaintiff has been advised of his right to counseling
and that Plaintiff and Defendant are currently participating in
counseling, and therefore waives his right. to request counseling.
~u; /;~J-a,-Al!d;;;--
-::L '-I- o~ J C..;~ert Warren Baker, III
Dated: -./ - F'f
9
falsification to authorities.
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Albert Warren Baker, III
VERIPICATION TO COMPLAINT IN DIVORCB
Plaintiff verifies that the statements made in this Complaint
are true and correct and that false statements herein are made
subject to the penalties of 18 paoCS 54904, relating to unsworn
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALBERT WARREN BAKER II I,
Plaintiff
:
Divorce Action
No. 1110 Civil 1994
v.
.
.
.
.
MARGARET TATE BAKER,
Defendant
CERTIFICATE OF SERVICE
I, MARGARET TATE BAKER, Defendant in the above-
captioned action, acknowledge and accept receipt of the Co~laint
for Divorce, served on me on this l/Jt2{rA. cP . 1994.
I verify that the statements made herein are true and
correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. section 4904, relating to
unsworn falsification to authorities.
/ll~Jlca:-6k
Margar Tate Baker, Defendant
Date: f&J- /fl'lPtp
~UbsCribsd 10 beloro mo
lhbLdayo~(l 19 qt~
-
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NOla~al S..I
S.lIy B, McCoy, N01.ry Public
e.st P.nllsboro Twp., Cumbo~and County
My Commission expir.s May 20, 1999
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IN THE COURT OF COMMON PLEAS
OF CUMBERLANDR COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALBERT WARREN BAKER, III, Plaintiff
vo
MARGARET TATE BAKER, Defendant
:
No. 1110 Civil 1994
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on March 8, 1994.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
I VERIFY that the statements made in this affidavit are
true and correct. I understand that false statement herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
~lf:.?b~
Plaintiff
Date: 1/-#, c7tJti... /'Ift,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLANDR COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALBERT WARREN BAKER, III, Plaintiff
v.
MARGARET TATE BAKER, Defendant
No. 1110 Civil 1994
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on March 8, 1994.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
I VERIFY that the statements made in this affidavit are
true and correct. I understand that false statement herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
Date: 11I~..K1 /~.6
~~r~~~,
Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
~
ALBERT WARREN BAKER, III
plaintiff
.
.
.
.
No. 1110 Civil 1994
v.
.
.
MARGARET TATE BAKER,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if 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
made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
Date ~ ZtJ ~ 11ff&,
k.u((~~
ALBERT WARREN AltER, III
plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALBERT WARREN BAKER, III
plaintiff
v.
MARGARET TATE BAKER,
Defendant
:
No. 1110 Civil 1994
:
.
.
.
.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer'S fees or expenses if 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
made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
Date: ~~_~/?Pt?
~~-g.M- &~ 'A
GA T TA: BAKER,
Defendant
~l \.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALBERT WARREN BAKER, III
Plaintiff
v.
No. 1110 of 1994
MARGARET TATE BAKER,
Defendant
PRAECIPE WITHDRAWING CLAIMS OF PLAINTIFF
Please withdraw Count II - Request for Equitable
Distribution and Count III - Custody, and finalize the above-
captioned Action in Divorce under 330l(c) for the Divorce Code.
/] ,i-iJaU(J_ ~;{ ~ . ~
~:RT WARREN BAK~
Plaintiff
.'\ . ..
PRO SE AFFIDAVIT AND WITHDRAWAL OF CLAIMS
I, ALBERT WARREN BAKER, III, Plaintiff in the above-
captioned Action in Divorce, being duly affirmed according to law,
do hereby declare:
1. That I am the Plaintiff in the above-captioned
Action in Divorce, and in that capacity, have been advised and
informed of my rights to request and receive Equitable
Distribution and Custody, and that all claims to said rights have
been resolved at this time. I acknowledge my right and hereby
waive any further right to make such a claim.
20 That I acknowledge the Divorce Code Act of
April 2, 1980, provides for counseling upon the request of either
party and/or by order of the court; that a list of qualified
professionals approved by the court who provide counseling
services is available upon request from the Court Administration
office; that the choice of a qualified professional shall be at
the option of the parties and the professional need not be
selected from the list provided by the Court; and that I waive
said right to said counseling and request that this Action in
Divorce proceed to completion.
3. That I further acknowledge that I was
previously represented throughout these proceedings by independent
counsel, namely, Margaret M. Yenkowski, Esquire, however, am no
longer represented by counsel 0 I hereunto agree and express my
desire to withdraw the Requests for Equitable Distribution and
Custody filed March 8, 1994, by my counsel, at my request, and
snbsequsnt hnrnto, rsqnsst that this Divor,e A'ti~ finalired
as a 3301(c) No-Fault Divorc~ ~
~JJI '(L,U,(-A,. ~
ALBERT WARREN BAKER, III,
Plaintiff
Affirmed and subscrib~
to before me this ~t1'
day of FpfnNI1f>' ' 1996.
Au. A I?~u~
NOTARY PUBLIC
My Commission Expires:
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