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Home My WebLink About94-02939 ~ ~ o T ~ ~ 1 ~ 1 I , I ( ~ J 0-- cY) 0- ra t; , .1 ,<j , I \ ...... "" \ \ i J ~~'~~~~~~~4~.~~~*~*~*~c~~:~.~__~:~~ '. ------ ---- ~ ~ ~ ~ 8 IN THE COURT OF COMMON PLEAS 8 OF CUMBERLAND COUNTY ~ STATE OF 1~~ PENNA. ~."~,i.H.#-"r ~ ',' it! '.' 8 w '.' ~ ~ LEE,PHIL.I.J:>,YORK, Plaintiff l\ I I, ~4"Z9.~!il....Ci:vU,........, 1994 ~ ',' w ',' \' (.~I'SIlS w ... ,ANN M., MARTZ-YORK, $ Defendant ~ 8 ~ DECREE IN DIVORCE ~ ~~ ~ ,. ,', ~ ~ ~.. AND NOW, ,,',',',,',,' ~,,:(,'" ,.L, 9:,. 19, 'i'?'--:." it is ordered and decreed that ,Lee, ,P.hiJ..ip ,1{oz:k.. , , .. .. .. , ,.' , , , , , , , .., , , , , , '. plaintiff. and Ann, !'l., ,Ma.r,t~7'r,qr:~" , , " , " , , , , , , , " "" , , , . , . " , , , , ". defendant, are divorced from the bonds of matrimony. i ~.' ,', ~ w ',' " ~ 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; ~ ~ <;', ~ ',' ,t:l~il,~ ( , D,i,!!~~~,uqon, ,AliI!=,e,eme!,!,t; ,~~, ,~~, ,i.~c:C?!=,P,~r:':' ~,e,~ , ~!,!, ,I?~ Y,o,r:c::~, ,~~~ree. ~ ~ ~ ,,' ~ n v /(l..o u // 1=4. Alle.1: o:1:,."'<I,,~C' c'/<..k/'Jt;, ./-'~~"'~,;-J, ><~V ' Y1b1/,f,J i /' .hr:;', Ph4 ./ / ....~~onotary ~ ',' ~ ~ 8 it! '.' w '.' ~ ',' ~ '.' ~ '.' .', * ~ ,~ .', ~ ~ '.' ~ '.' ,', * i '.' i ',' ~ '.' f, ~ ~ '=' rtl ',' ~ {-. l* ll~ l~ .. ~ * $ l~ ,'.' (~ ,,, I: t~ I,', I: I.. i.,. )~ " ~~ ~ '~ '~ ~ ~ .:+:. '/"/'5- OJ "'I;/' ",,;..J";;1 ~Il:. /1',;;)1 ,95' 'J~ /lfa.~ ~ ~ ' , , LEE PHILIP YORK, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . . . . v. NO. 94-2939 civil CUSTODY ANN M. MARTZ-YORK, Defendant . . PLAINTIFF'S AMBNDMENT TO DIVORCE COMPLAINT AND NOW, this 20th day of March, 1995, Plaintiff hereby files the following Amendment to the Complaint in Divorce filed June 1, 1994: COUNT IV ComDlaint for CUstodY 17. The prior paragraphs of the Complaint in Divorce are incorporated herein by reference thereto. 18. Plaintiff seeks visitation and shared legal custody of the child Kelly LeAnne York, residing at 337 New Bloomfield Road, Duncannon, PA, DOB 5/16/91, 3 1/2 years. The child was not born out of wedlock. I The child is presently in the custody of Ann M. Martz-York who resides at 337 New Bloomfield Road, Duncannon, PA. Until 4/29/94, the child resided with Lee Philip York, her father and with Ann M. Martz-York, her mother, at 337 New Bloomfield Road, Duncannon, PA. From 4/29/94 to the present, the child has resided at the same address with mother only. The child's father, Lee York, currently resides at 208 Four Seasons Lane, Enola, PA. 19. Mother and Father have negotiated a custody stipulation, attached, which they now wish to have effectuated as a Court Order. 20. There have been no other proceedings in this or any other jurisdiction concerning custody of this child. 21. The best interest and permanent welfare of the child will be served by ordering the custody/visitation agreement as stipulated to by the parties. LEE PHILIP YORK, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. v. ANN M. MARTZ-YORK, Defendant NO. 94-2939 Civil Term CUSTODY STIPULATION AND NOW, this t~OI~ da y 0 f l"0-<t- .-r '" ~ , 199/, Lee Philip York, plaintiff (hereinafter referred to as "Father"), together with his attorney, Marilyn C. Zilli, Esquire, and Ann M. Martz-York, Defendant (hereinafter referred to as "Mother"), together with her attorney, Jerry Philpott, Esq., hereby inform your Honorable Court that they have amicably resolved to their mutual satisfaction the issue of custody regarding their child, Kelly LeAnne York, (hereinafter referred to as "the child") and do hereby stipulate that the following is the substance of their agreement, respectfully requesting that your Honorable Court issue an appropriate Order of Custody in accordance with their agreement and stipulation. The parties and their respective counsel stipulate as follows: 1. The parties shall share legal custody of the child as such is defined by 23 Pa. C.S.A. section 5301, ~ ~ , 2. Mother shall have primary physical custody of the child as such is defined by 23 Pa. C.S.A. Section 5301, ~ ~. 3. Father's visitation with the child shall occur at times to which the parties mutually agree except that Father shall enjoy physical custody of the child on the following holidays: christmas Day New Year's Eve Father's Day July 4th Labor Day and Mother shall enjoy physical custody of the child on the following holidays: Thanksgiving Christmas Eve New Year's Day Easter Mother's Day Memorial Day The parties shall alternate physical custody yearly on the child's birthday, May 16. .. '. 4. Mother agrees to permit Father full and unhindered access to the child by telephone and/or mail at any time between the above-described periods of visitation. ~I\ ( ~)' I}---, '. witness . CERTIFICATE OF SERVICE A true and correct copy of the foregoing document was delivered to the person or office listed below on the date indicated by personal service or by first class mail, addressed as follows: Jerry Philpott, Esq. 227 North High street Duncannon, PA 17020 Date: c\ I ~flL, 111\- ') LL,. v Marilyn C. li, Esq. 200 North Third Street Suite 800 Harrisburg, Pa. 17101 (717) 232-7722 /r--. .~ I' ,;; I <:.J h ," ~ j .., ~'1 J J:- ~.-J -:!.. ~, 1 I') '1 ~'-.::J - I ''1 ;1 - ~ ;f ~ . Ul < ~ .... ...:l ..:l 11. ..:l Z .... !l 0< ~ t:: ~p. ci ~ o - - ~ i u>< :.: r:.@~ E-< -to. P:E-< to.z :.:to. oz r:.i=s 0::> P:H ><< 0 OE-< 10 o ~ on . E-<z NZ =0 li P: 0\ H E-<~ l>: Il:Z iil ::'OM 11.< . p:to. ~ OZO\ H...:l > <~ 0 ~~ ~ U<N ...:lp. ::co P: H 1 >< H 0 ~l>:<l'0 :I: . ~ :I:~O\O 11. X r.l E-<1Il E-< r:. :r . Ul ~ Z z::>o::. ~ Z HUZU ...:l < . - . . ~ J .. "t4R2 -{ 19!JS l". LEE PHILIP YORK, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PA. . : v. . . . . ANN M. MARTZ-YORK, NO. 94-2939 Civil Term Defendant : CUSTODY ORDER OP COURT Lee Philip York, Plaintiff (hereinafter referred to as "Father"), together with his attorney, Marilyn C. Zilli, Esquire, and Ann M. Martz-York, Defendant (hereinafter referred to as "Mother"), together with her attorney, Jerry Philpott, Esq., having informed the Court that they have amicably resolved to their mutual satisfaction the issue of custody regarding their child, Kelly LeAnne York, (hereinafter referred to as "the child") and having stipulated that the following is the substance of their agreement, it is hereby ordered as follows: 1. The parties shall share legal custody of the child as such is defined by 23 Pa. C.S.A. Section 5301, et. sea. 2. Mother shall have primary physical custody of the child as such is defined by 23 Pa. C.S.A. Section 5301, et. ~. 3. Father's visitation with the child shall occur at times to which the parties mutually agree except that Father shall enjoy physical custody of the child on the following holidays: r I . Christmas Day New Year's Eve Father's Day July 4th Labor Day and Mother shall enjoy physical custody of the child on the following holidays: Thanksgiving Christmas Eve New Year's Day Easter Mother's Day Memorial Day The parties shall alternate physical custody yearly on the child's birthday, May 16. 4. Mother agrees to permit Father full and unhindered access to the child by telephone and/or mail at any time between the above-described periods of visitation. J??AIf:Cd -- Z 7 / ffJ I BY THE COURT: /J /L- J. , .' " H~R Z7 2 18 PH 195 . ,. , ,!, I r . . ',,;:i ~. :',,", ~. ' , . ~:, '~ " ., ' r ,~ ,. IN THE COORT OF C(MolQN PLEAS OF CUMBERL!\ND l::ouNTY'. PENNSYLVANIA NO. 94-2939 CIVIL 19 94 LEE PHILIP YORK, Plaintiff vs. ANN M. MARTZ-YORK, Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) lBJaIl3Cl~xlJl:k:xbcXlX~~X.XXXX~X' (Strike out inapplicable section) 2. Date and manner of service of the ccmplaint: "'" r ~ i f'i ",<I m" i 1 #P413569807, return receipt requested, 6/1/94. 3. Ccmplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff 3/25/95 by the defendant 3/:0/95 ~Kxxl1x~ltJ&lk~:>t~Jefx~R~~*,,;c'Jrxi,,~xkxlf~5I'X~~tf1 ~:laxx~~JtJilXlOOc;;Mcx:ltX~~ Jtxt~){tXiic~~){tXiicJt:>>~~~~Jfxl@c~f~x~xlmc~KmJt~ 4. Related claims pending: Nnncp n~'ilioll1"iQr;:t 1I~r99WQnt t:n h~ incorporated into Divorce Decree. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record. and attach a copy of said net ice under Section 3301 (d)(l)(i) of the Divorce Code ~ ~~ .r ~ ~ r- II'> " - ~ J a: 0- -- c. ......- . LEE PHILIP YORK, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. cr1- ~937 c;,~e__ J~ CIVIL ACTION - LAW v. ANN M. MARTZ-YORK, Defendant NOTICE TO DEFEND AND CLAIM RIGIITS 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 visition of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counsel ing. A I ist of marriage counselors is available in the Office of the Prothonotary, Dauphin County Court House, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TilE RIGIIT TO CLAIM ANY OF THEM. YOU SIIOULD TAKE THIS PAPER TO YOUR LAI-lYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse-4th Floor I Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 LEE PHILIP YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTV, PENNSYLVANIA . . v. : NO. ANN M. MARTZ-YORK, Defendant IN DIVORCE . . COMPLAINT rN DIVORCE The Plaintiff, Lee Philip York, brings this action in divorce against the Defendant, Ann M. Martz-York, upon a cause of action whereof the following is a statement: 1. Plaintiff is Lee Philip York, a citizen of pennsyl vania, residing at 208 Four Seasons Lane, Enola, Cumberland County, Pa. 2. Defendant is Ann M. Martz-York, a citizen of Pennsylvania, residing at 337 New Bloomfield Road, Duncannon, Perry County, Pa. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on November 28, 19B7 in Dauphin, Pa. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United states or its allies. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. As evidenced by the attached Affidavit, he does not desire that the Court order such counseling. COUNT :r Reauest for a No-Fault Divoroe under Section 3301(0) of the Divoroe Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce, pursuant to Section 3301(c) of the Divorce Code. COUNT II Reauest for a No-Fault Divorce under Section 3301(41 of the Divorce Code 11. The prior paragraphs of this Complaint are incorporated hereinby reference thereto. 12. The parties have lived separate and apart since April 29, 1994. 13. At the time of hearing, Plaintiff may submit an affidavit that the parties have lived separate and apart for at least two (2) years. LEE PHILIP YORK, IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . . . v. NO. . . ANN M. MARTZ-YORK, . . Defendant IN DIVORCE AFFIDAVIT OF COUNSELING I, Lee Philip York, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. . 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of IB Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 5/Ji-/Q'f I I ~ fl~r Lee Phil i Y rk !lJ',:BI VI cl\1121i . I verify that 'the statements made in the foregoing document nre true and correct to the best of my knowledge, understanding, nnd belief. I understand that: false statements herein are mAde ""hJect to the penalt:ies of 19 Pa. C.S. ~HO<t relating to unsworn fAlsification to authorities. "Atel r;-/ ~ 'j9Y c/,g tAL y.L {/ . CERTIFICATE OF SERVICE A true and correct copy of the foregoing document was delivered to the person or office listed below on the date indicated by personal service or by first class mail, addressed as follows: Certified mail, return receipt requested. Ann M. Martz-York 337 New Bloomfield Road Duncannon, Pa. 17020 Date: 3) OY\'JJJ? Y mr- Marilyn C. Z 200 North Th suite 800 Harrisburg, Pa. 17101 r ~ c:M /" ......., \ ' ~) I...") 1<] "Y,~ -......:... (-~ I ' '-'~ .......... '.......... ~ ~ -.......... \- " ~ --- ~ - )L. :J I"- '.,;,) ".) rr> ~ 1'\"'" -- "'l ". '-' ~ I- - '-' "<), '----::> . c:.,~ _J = in .~ , C'\ '" ' '-~, J ~ ....... -- -' ~ -;: c, ~ , . .:t; - ~ T) \\-<. -1 - '........... '" ".) - ., , c::t:.. . '-..........J o ~ o < E-< Z o o U to. to. -E-< H :'::Z -E-< 1>:< :':Z 00 I>:H ><Z 0< I~ ><...:l Nto. 11. E-<~ 11. 1>:0 H < ...:l X H :I: . 11. X ~ Z ~ . Z ...:l > .... o .... ..:l ..:l !l .... .. ~ - C~ ~ ~ ~ >1 r:.@B r:.i=~ ~ ~ ~ Il:~ on r.l ~ ~ :c ~ r.l r:. ~ < ...:l 1 Z o o H Z E-< Z...:lOOH Hll.UZU Z H E-: o o U E-< Z H < ...:l 11. X o U . I ., . . , . " . .. . DISSOLUTION AGREEMENT ,- THIS AGREEMENT, made this J,()~ay of t-s' I.. ,rt~., 199"~ is by and between: LEE PHILIP YORK, 20B Four Seasons Lane, Enola, Cumberland county, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and ANN M. MARTZ-YORK, 337 New Bloomfield Road, Duncannon, Perry county, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on November 25, 1987 and are the parents of one child, Kelly LeAnne York, age three (3) years, DOB: May 16, 1991; WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce against WIfe; and WHEREAS, the parties hereto, Husband being represented by Marilyn c. zilli, Esquire, and Wife by Jerry A. Philpott, Esquire, have each exchanged information as to the property, 1 . ... . assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys information as to the financial status of both parties hereto: and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, provision for the liabilities they owe, provision for the resolution of their mutual differences and for the care and maintenance of their minor child, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows,: 1. REAL PROPERTY: The parties acknowledge that the home in which Wife resides at 337 New Bloomfield Road, Duncannon, Pennsylvania is the property of Wife's parents, that Wife shall continue to occupy that property at her parents' will, without 2 J .. . hindrance or encumbrance by or in the name of Husband, and that, effective upon the execution of this document, Wife shall be responsible for all of the expenses of that residence. Wife hereby indemnifies and holds Husband harmless from any further liability with regard to said expenses. Wife also agrees to remove Husband's name from all utility, telephone and any other service to the residence, effective no later than the execution date of this Agreement. The parties further acknowledge that the Four Seasons Lane, Enola, Pennsylvania property is the sole and exclusive possession of Husband who shall be responsible for all of the expenses of that residence. Husband hereby indemnifies and holds Wife harmless from any liability with regard to said expenses. 2. FINANCIAL ACCOUNTS: A. Husband and Wife were the joint owners of certain bank accounts. They acknowledge herein that 'these accounts were divided to their mutual satisfaction prior to the signing of this Agreement. 3 , w . B. Husband and Wife are the owners of the following financial accounts and make the following distribution thereof: 1. Pennsylvania state Employees credit Union Account numbers 184-42-3098 (Husband's IRA) and 191-40-7896 (Wife's IRA). Upon execution of this Agreement, Husband and Wife agree that each shall receive sole and exclusive possession of his/her IRA account. Husband and Wife further agree that each party will be solely responsible for any financial penalties incurred as a result of any dealings, in the assets which they receive, after the date of execution of this Agreement. Each party agrees to indemnify and hold harmless the other party for any tax consequences which result from any such dealings, after the date of execution of this Agreement. 2. Merchants and Business Men's Mutual 401K account #03-31408-99, including Husband's individual account #lB4-42-309B with Corestates Hamilton Bank. 4 , " . Husband and Wife agree that on or before the execution date of this Agreement, this account shall become the sole and exclusive possession of Husband. C. Husband and Wife are each the owners of certain pension and savings plans in which they are enrolled through their employments. Husband and Wife agree that effective upon the signing of this Agreement, all plans in which Husband is currently enrolled through his employment shall become his sole and exclusive possession and that all plans in which Wife is currently enrolled through her employment shall become her sole and exclusive possession. D. Husband and Wife are the owners of certain U.S. savings Bonds. Husband and wife agree that wife shall receive all of these bonds as her sole and exclusive possession. 3. PERSONALTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and 5 , , separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereof, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possession of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 4. AUTOMOBILES: The parties agree that wife is the sole and exclusive titled owner of the 19BB Honda Accord currently in her possession and therefore that all expenses incurred in connection with this ownership are her sole and exclusive Obligation. The parties further agree that the 1991 Toyota Corolla currently in Husband's possession is titled to him and is therefore his sole and exclusive property and that all expenses incurred in connection with this ownership are his sole and exclusive obligation. 5. CUSTODY AND VISITATION OP CHILD: The parties hereby agree that custody of their minor child and visitation with said ~~ Or <\('r child shall be as provided in the attached stipulation'AEX. 1. 6 I' 6. SUPPORT OP CHILDREN: The parties hereby agree that their respective duties as to all aspects of support for the party's minor child shall be as follows: a. Father will pay Mother the sum of $50.00 per week payable on or before the first of each month, for support of the parties' minor child; b. The parties will promptly notify each other of any change of employment, change of personal address or change of address of the minor child. , c. Father and Mother agree that the party who can purchase the most comprehensive medical insurance coverage at the lowest cost shall maintain medical insurance coverage for the parties' minor child, until the child reaches the age of 21 years or become self-supporting, whichever occurs later. , The parties will provide proof to each other of the maintenance of this coverage upon demand. , d. Father and Mother will promptly submit all bills for medical expenses to the insurer. Any bills which would otherwise be reimbursed which are not reimbursed because of 7 , failure to submit the bill to the insurer within the appropriate time period will be the sole responsibility of the party who failed to timely submit the bill for payment. / e. Father and Mother will be jointly responsible for the payment of all uninsured medical, dental, orthodontic, eye care, prescription or other expense, each to pay 50t of all such expenses. Reimbursement is due to the party claiming it within seven (7) days of that party's presentation of the bill to the other party. It shall not be necessary for either party to have paid any uninsured bill in full prior to receiving the required contribution from the other party. I f. Each party agrees to provide the other party semi-annually with information on their income. Said information for the months of January through June inclusive are due no later than July 31 of that year and the information for the months July through December inclusive are due no later than January 31 of the immediate following year. I g. Father will maintain life insurance for the benefit of the parties' minor child. The child will be named as the irrevocable beneficiary of the aforesaid pOlicy, in trust until she reaches age 21 years. The trustee of this account B , shall be Betty J. York, Father's mother. Neither Father nor Mother shall have any personal right, title, claim or interest in said policy. Father shall provide proof of this coverage to Mother upon demand. Father will maintain the policy free, clear and unencumbered: h. Father and Mother each agree to assume 50% of the cost of the minor child's college education, so long as said child enrolls in a program of higher education before she reaches the age of 21 years. The "cost of college education" shall include room, board, tuition, fees, travel fares to campus from the child's then current residence, and spending money in an amount agreed upon by both parties: i. Father and Mother agree that if and when they mutually agree that the minor child needs an automobile for her personal use, Father and Mother shall share the purchase cost of said automobile and the cost of insurance equally, 50% of each cost to be paid by each party. Mother and Father agree that if purchase of an automobile is made without the mutual agreement of the parties, the party making the purchase shall be solely responsible for the cost of the automobile and of insurance. 9 , 7. HEALTH INSURANCE: Husband and Wife agree to secure medical insurance coverage for themselves and for their minor child. Medical coverage for the child shall be provided as set forth in Paragraph 6.c.-e., SUDra. 8. LIFE INSURANCE: Husband is the owner of Merchants and Business Men's Mutual Insurance Company policy number 616095-01. The parties agree that as per the change of beneficiary already accomplished by Husband, the couple's minor child shall be beneficiary in trust of this policy and that Betty J. York, Husband's mother, shall be the custodian of this trust. 9. COUNSEL FEESI The parties agree that each will be responsible for the payment of their own counsel fees and costs. 10. RELINOUISHMENT OP RIGHTS: Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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 10 , as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony Dendente~, and counsel fees and costs, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 11. RELEASE OF INTESTATE RIGHTS: Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date of this Agreement: except that this release shall in 11 , no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 12. JOINT OR OTHER DEBT: The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement and that as of the execution date of this Agreement all joint liabilities except for the mortgage on the house and the car loans each is assuming have been paid in full. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation, April 29, 1994. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 12 13. NON-INTERPERENCB: From the date of this Agreement, Husband and wife may and shall continue to live separate and apart from each other; and neither party shall compel the other to live with him or her, nor shall either party molest or trouble the other. Neither party shall interfere with the rights, privileges, or actions of the other, and each party shall be a liberty to act and to do as he or she sees fit. 14. DIVORCB TO DB COMPLETED: The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed by Husband. Both of the parties hereto agree that at or before the time of the execution of this Agreement they will execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under section 3301(c) of the Divorce code, consenting to the entry of a final decree in divorce. Both parties agree that they shall accept the terms and provision of this Agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, inclUding, but not limited to, alimony, alimony Dendente lite, counsel fees, and equitable distribution. 13 15. ~GREEHENT NOT ~ B~R TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife and Husband to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy difference which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended. 16. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall 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 in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement and neither this Agreement, nor the terms hereof, shall be deemed to have been or be merged in any degree or judgment granted in the divorce action but shall survive and be forever binding upon the parties. 14 17. AGREEMENT TO BB INCORPORATED IN DIVORCB DECRBB: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. lB. DATE OP EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. otherwise the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 19. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 20. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 15 21. APTBR ACOUIRED PBRSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purpose, as though he or she were unmarried. 22. INDEPENDENT SEPARATE COVBNANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 23. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or understanding other than those expressl~ set forth herein. 16 25. INTBGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 26. BREACH: In the event that any of the provisions of this Agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this Agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this Agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provision of this Agreement, the party having so violated or breached the Agreement shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 27. LAWS OF PENNSYLVANIA: This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania. 17 28. VOID CLAUSES: If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 29. WAXVER OF TERMS: The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 30. TRANSFER OF ASSETS: Pursuant to the Tax Reform Act of 1984, the parties acknowledge that the transfer to either one of them of any of the assets and/or accounts described herein is made incident to their divorce and does not constitute a taxable event. 31. DIVORCE: The parties hereto agree to enter into a mutual consent divorce under section 3301(c) of the Pennsylvania Divorce Code of 19BO, as amended. Husband agrees to pursue the divorce and to be the Plaintiff therein. Wife agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of the filing of the Complaint as Husband may request to complete the divorce. IB IN WITNESS WHEREOF, the parties hereto have set their hands rnd seals the day and year first above written. )'1'\ ( ~} 1J,^'-., ~s () ~i()d.L. J,.. }{....U~)'~,- withess - cdr.7/ ~ & , . 19 , LEE PHILIP YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA. v. ANN M. MARTZ-YORK, Defendant NO. 94-2939 civil Term CUSTODY STIPULATION AND NOW, this ,,;.!,Ol~ day of l"0-<t..-r '" t;;' , 199/, Lee Philip York, Plaintiff (hereinafter referred to as "Father"), together with his attorney, Marilyn C. zi11i, 'Esquire, and Ann M. Martz-York, Defendant (hereinafter referred to as "Mother"), together with her attorney, Jerry Philpott, Esq., hereby inform your Honorable Court that they have amicably resolved to their mutual satisfaction the issue of custody regarding their child, Kelly LeAnne York, (hereinafter referred to as "the child") and do hereby stipulate that the following is the substance of their agreement, respectfully requesting that your Honorable Court issue an appropriate Order of Custody in accordance with their agreement and stipulation. The parties and their respective counsel stipulate as follows: I. The parties shall share legal custody of the child as such is defined by 23 Pa. C.S.A. section 5301, et. ~ " 2. Mother shall have primary physical custody of the child as such is defined by 23 Pa. C.S.A. Section 5301, ~ ~. 3. Father's visitation with the child shall occur at times to which the parties mutually agree except that Father shall enjoy physical custody of the child on the following holidays: Christmas Day New Year's Eve Father's Day July 4th Labor Day and Mother shall enjoy physical custody of the child on the following holidays: Thanksgiving Christmas Eve New Year's Day Easter Mother's Day Memorial Day The parties shall alternate physical custody yearly on the child's birthday, May 16. '" . 114R 24 !fJ95 A,< <' q LEE PHILIP YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. v. ANN H. MARTZ-YORK, Defendant NO. 94-2939 Civil Term : CUSTODY ORDER or COURT Lee Philip York, Plaintiff (hereinafter referred to as "Father"), together with his attorney, Marilyn C. zilli, Esquire, and Ann M. Martz-York, Defendant (hereinafter referred to as "Mother"), together with her attorney, Jerry Philpott, Esq., having informed the Court that they have amicably resolved to their mutual satisfaction the issue of custody regarding their child, Kelly LeAnne York, (hereinafter referred to as "the child") and having stipulated that the following is the substance of their agreement, it is hereby ordered as follows: I! 1. The parties shall share legal custody of the child as such is defined by 23 Pa. C.S.A. section 5301, et. ~ 2. Mother shall have primary physical custody of the child as such is defined by 23 Pa. C.S.A. section 5301, ~ sea.. 3. Father's visitation with the child shall occur at times to which the parties mutually agree except that Father shall enjoy physical custody of the child on the following holidays: ,. . . Christmas Day New Year's Eve Father's Day July 4th Labor Day and Mother shall enjoy physical custody of the child on the following holidays: Thanksgiving Christmas Eve New Year's Day Easter Mother's Day Memorial Day The parties shall alternate physical custody yearly on the child's birthday, May 16. 4. Mother agrees to permit Father full and unhindered access to the child by telephone and/or mail at any time between the above-described periods of visitation. BY THE COURT: - n-\ (l,\.eJ... a 1, l"l 7 S" 1 W Ir (',ny rr.')M rECORD , !" ..1, II", I ..!~ 'J" my hand "".I ::1' ,,1,,: ...,01 I'll I ,1' C.1rIi~!~. p~, lhis ~ '1JJ... (Ily o!. ,m,t1,:\,:" 191.~. ....""".dh~2i.,.,~'.'~-:t~a~..'......- ....Fd- 1.5( 7'G.. ';4. . (.( )-k~ J. " . , CERTIFICATE OF SERVICE A true and correct copy of the foregoing document was delivered to the person or office listed below on the date indicated by personal service or by first class mail, addressed as follows: Jerry A. Philpott, Esq. 227 North High street Duncannon, PA 17020 Date: If /1 q C; / arilyn C. 200 North Th suite 800 Harrisburg, Pa. (717) 232-7722 ( 17101 I.J') en - - . ,.... ~.;l = n: ,-- -.;:1: . Ul < ~ ...:l 11. Z <l' 0<0\ ~n.~ o - U><..... E-<,.... to.Z> 00,.... OU E-<H < p....:l Hp. ...:l H :I: 11. ~ ~ ...:l - :':E-< P:Z 0< ><0 IZ N~ E-<to. P:~ <0 X E-< H X Ul Z < ll: E-< o E-< ~ 11. H U ~ : .... ..:l ..:l C; ~~ ~ Z~ > <@~! r:._~ r:.t=ili ~~ Ii Il:z iil ~~ ~ ~ r.l r:. . > . X Z Z . . \ . . . . .' .I . " LEE PHILIP YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. ANN M. MARTZ-YORK, Defendant NO. 94 - 2939 CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Defendant in the above matter, having been granted a Final Decree in divorce from the bonds matrimony on the ~Oth day of April, 1995. hereby elects to retake and hereafter use her previous name of Ann M, Martz. To Be Known As: Ann 6:K_~W;-?L Ann ~r~ ~ COMMONWEALTH OF PENNSYLVANIA SS, COUNTY OF PERRY On the c9Aay of ~v~~ ' 1997. before me a notary public, personally appea~d Ann M. Martz-York, known to me to be the person whose name is subscribed to the within dccument, and acknowledged that she executed the foregoing for the purpose therein contained, IN WITNESS WHEREOF, I have seal, hereunto set my hand and notarial ~~ E ffJiYu~ ~. '01 -.....~r..F\~ 1-' :",..~\1 , i . oJ,.. ! '_SENDERlcom,I. Item. 1 end 2 when eckUtloNlI MrYIc...,. dlllred. Ind complete It...... ,nd.. . Nt your .dd.... In-the HRITU"N TO" SpMe on the,....... ,Ide. ...Iture. do thl, will prevent th.. - f,om beln" ,000m'" to you, ,.~, -.m ....181 fM wllLlwllddl.ltlllL..lbl ""... pf IbP 1lJ= ....tdtiad fn and the data qf d.IIv~. fOr..ddltlonal f... thl fOilOWIng MT'Wtow..... IVlnlb .. C... pottm8ltef for r... end chICk bOilii) for addltJona~ ..rvlcl<<') requ"ted. ". _..,.. _,- - --______ ,. C 8howtollYhOmd.ltv.rldf..~_._t,,'"dlddr"""'dd'eu. 2. 0 A"Il~tIdD"~. "oj.- tIEJt"'c~'Jt ".' t(EJt".;,ch. , f--__ ~~~O:lli~be-q ~ ~11 I \ _ , Type 01 Slrvl..: ..:>.:.J I jVD...U D Regl't.red "Ill'" D E.p_ Mall Arwoy, obllln ,Igootu," 01 odd...... 0' IIIlOntand DATE DELIVERED, 8, Add'ft'"" Add'ft' (ONL 1/ rtquwtd .nd fee p./dl 1= . 0.,. ~i ,r. f ,,' D In,ured DCOD 7. Dill 01 Da.1lvary <<;- TZ PI Form .11. Mar,!'.7 · u.s.2 t1l7ol_ DOMESTIC RETURN RECEIPT " , !fl :x:: ~ :;; ,. ..:'- ~}. ~;~f:. ..:0<"':-' t;?:~.~' '. <. :;....: F'''t:. ..Il./t - - ! r , , , , LEE PHILIP YORK, . IN THE COURT OF COMMON PLEAS . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 94-2939 . . ANN M. MARTZ-YORK, CIVIL ACTION-DIVORCE Defendant . . AFFIDAVIT OF CONSENT 1. A complaint in Divorce was filed on June 1, 1994. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. 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 1B Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: '3 I:) 5 /i ':J / / .-;/ J/;' /I ~1 . ~( ,/ ;'~~::J V\(-...r. Lee Philip Yo k'/ , ...' -'-, " ~ :;.~ " ::r.: -~ ~, , = '" ..:-E :.:.'\ .:J - . . -' LEE PHILIP YORK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. : NO. 94-2939 . . ANN M. MARTZ-YORK, Defendant : CIVIL ACTION-DIVORCE . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed on June 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. 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. !i4904 relating to unsworn falsification to authorities. Date: ~~'J,..A..?tJ /9'Jr I / .--t-,..- Ann M. ~ , - - .-.