The URL can be used to link to this page

Home My WebLink About95-06616 ~ ,"", ,}::. i~ : ' , : ' ' .::::::~ };'~'-- ......' - 1f1~,,:-: :1.',~..'-,"a .""". o:":~ '"C r,".'y. . .' .,. . "7 - ..~ ~ d E. i F -' - ~I .:; J , ; / . '" I . \ . , . ... . '4D:-'--__,.__.________,._.x,.,J..>>-,.,._,._,.~ .. , . · IN THE COURT OF COMMON PLEAS . . . · OF CUMBERLAND COUNTY . - . ~ STATE OF ~.. . " PENNSYLVANIA : ~ ~ . · i . ....,~"~,~..~~~..,.."..,....,........,..............,...... . .. ......,................,....,!?~.~~~~...................,................, No. ..,~,?,::~.~.~~...~~g.............19 . - ~ r~ j · ....,~..~,...,~!..,..................,....,................. .135ft) . : .,_t.,...... but' {'au 11-17 ; i . ! OOE,C/cJ: C ~;rz:i431'A.! ; AND NOW.~ ~.,.,. 19 ..~L. It ,. o<d.,.d ond ! ~ decreed that...............~ .~: .~~................... plaintiff, ~ . and. .. , .. .. . . .. .. .. .. .. .. ..~. J:o... ~!J!W... .. .. .. , .. .. .. '" defendant, : . are divorced from the bonds of matrimony. FUrther, the Matrincnial Settle- " ~ ITeIlt JlgZ'eerrent executed by the parties on SepterriJer 9, 1997 is incorporated " ~ herein and the parties are OrdW-ed to OQl11?ly l'/i,th the tetms contqined therein ~ . The court retains juriSdiction ot the tollowlng claims which /lave' ~ ~ been raised of record In this oct Ion for which a final order has not yet g ~ been entered; , ~ : ",~,~,~VE.BEEN,RESOLVED.".",.., ................................, : . .,',.,",.,..,.,.",.",........,........ ................. , ft ;;. i ., ~ ~ ~ lie. .. ~~= [', ~'~;;~....'j: : · " ..,....~""...... ~..,-<, ~"~~~t1;;~~i~'~y'.. ~ II .: ~~-------~-----------~-------- \ '. ...""..-_..<;....~~.^,..,". I. '-'""'/'b~>"j8"'_~';''''"~'''''><'':;~-''''~'''''';'~'~~~~~~'l',~~~.~~-~-,,:;;.~:_:,./~t':' -'-., ~~1I!It.....",_.~.~-",. i/)'7~' w.~.P~~-t;~~' (e')'7 -9) 71oti:b //(~ ~ dfI' , '01 I , "" . . ." ~ \ . . . 1 . , MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ftt day of .rIV'/~Hftlu/ 1997, between TINA M. MARSHALL, hereinafter called "Wife" and CARL L. MARSHALL, hereinafter called "Husband". , WITNESSETH: The parties hereto, being Husband and Wife were lawfully married on March 27, 1976 in Cumberland County, Pennsylvaniar There were three children born of the partiesr namely: Carl L. Marshall, Jr., born July 6, 1976r John H. Marshall, born July 6, 1977 and Alicia M. Marshall, born December 16, 1983. Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other inClUding, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal propertyr the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each otherr and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. Page I of 18 , \ . , ~ . NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if 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 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 differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 95-6616 Civil Term. The parties shall Page 2 of 18 , ". " ~ \ . execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce upon the execution of this Agreement. 3. 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, reSUlting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel Page 3 of 18 t \ , ~ fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION 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. 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided 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. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interferences whatsoever by the other. Neither party shall molest the other or Page 4 of 18 , ' 4 endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Neither party shall do or say anything to the children of the parties which might in any way influence the children adversely toward the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 10. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date thereof be the sole and separate owner of all tangible personal property present in his or her possession. 11. DIVISION OF BANK ACCOUNTS Wife does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim she may have in any bank accounts currently owned by Husband and Husband does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim he may have in any bank accounts currently owned by Wife. PageS of 18 , ' ~ 12. AUTOMOBILES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1985 Oldsmobile, currently titled in Wife's sole name shall become the sole and exclusive property of Wife. (b) The 1983 Plymouth Voyager, currently titled in Husband'. name shall become the sole and exclusive property of Husband. (c) The 1986 Cadillac, currently titled in Husband's name shall become the sole and exclusive property of Husband. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefore and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may Page 6 of 18 \ \ .. have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 13. OEBTS Husband shall assume full and complete responsibility for the following debts of the parties and shall save hold harmless and indemnify Wife from all charges and liability with respect to said accounts. Upon the execution of this Agreement, Husband shall take the necessary steps in order to remove Wife's name from ~ny and all joint accounts held by the parties. a. Commercial Financial Services, Inc., Servicer for First USA, CFS Reference #1321978.0, with an approximate balance of $6771.74; b. Belco Credit Union, with an approximate balance of $7111.00; c. Commercial Financial Services, Inc., Servicer for First Union National Bank, CFS Reference #1949955.0, with an approximate balance of $3315.63. Wife shall assume full and complete responsibility for the following debts of the parties and shall save hold harmless and indemnify Husband from all charges and liability with respect to said accounts. Upon the execution of this Agreement, Wife shall take the necessary steps in order to remove Husband's name from any and all joint accounts held by the parties. a. Commercial Financial Services, Inc., Servicer for Colonial National Bank, Account No. 4428874850047311 with an Page 7 of 18 \ ' .. approximate balance of $3,475.31; and b. Commercial Financial Services, Inc., Servicer for Chevy Chase Bank, Account No. 4428874850047311, with an approximate balance of $5,300.00. The parties also acknowledge that there are currently outstanding medical bills to which Wife is entitled to payment from Husband pursuant to the parties York County Domestic Relations Order. These debts shall be satisfied by Husband pursuant to the terms and conditions of the York county Domestic Relations Order. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 14. EMPLOYEE BENEFIT PLANS The parties acknowledge and agree that Husband is entitled to certain benefits pursuant to the Exel Logistics Retirement and Savings Plan. The parties agree that Husband shall immediately transfer a sum representing sixty (60%) of the balance of the Page 8 of 18 \ ' ~ plan as of July 4, 1994, plus accrued interest on that portion to the present, to Wife pursuant to a Qualified Domestic Relations Order which satisfies Exel Logistics' guidelines for such documents. Subject to said Qualified Domestic Relations Order, wife hereby waives any interest in the remaining fund balance in the Retirement and Savings Plan. 15. I.IFE INSURANCE Wife hereby waives any interest she may have in any life insurance policies of which Husband is the owner and Husband hereby waives any interest he may have in any life insurance policies of which Wife is the owner. 16. CHILD SUPPORT The parties acknowledge that there is currently a Support Order through York County Domestic Relations section, York, pennsylvania, DRO No. 55542, Docket No. 1611 SA 1994. The parties agree that the child support portion of the Order representing support for the parties' one child, Alicia M. Marshall shall be increased from $66.00 per week to the sum of $100.00 per week for one child. Said increase shall be effective the first Saturday following the date of execution of this Agreement. The child support obligation shall continue to be wage attached through Husband's employer. This Agreement shall not barr either party from adjusting the term or amount of support due hereunder, either by negotiation with the other party, or, if necessary, by Page 9 of 18 \ ' '\ resort to a Court of proper jurisdiction. All other terms of the child support order with regard to medical coverage shall remain as ordered in the current support order. 17. SPOUSAL SUPPORT/ALIMONY The partiee acknowledge that there is currently a Support Order through York County Domestic Relations section, York, Pennsylvania, DRO No. 55542, Docket No. 1611 SA 1994. The parties agree that the spousal support portion of the Order representing spousal support for Wife shall be increased from $57.00 per week to the sum of $100.00 per week. Said increase shall be effective the first Saturday following the date of execution of this Agreement and continue for a period of eighteen (18) months. The spousal support/alimony obligation shall continue to be wage attached through Husband's employer. Said spousal support/alimony payments shall terminate earlier only upon the death or remarriage of wife, cohabitation of Wife, or the death of Husband. Said spousal support/alimony payment shall be includable in Wife's income and deductible from Husband's income for tax purposes. 18. LEGAL FEES Husband agrees to pay the sum One Thousand Two Hundred ($1,200.00) Dollars representing payment of a portion of Wife's attorneys' fees. Said payment shall be made in twelve (12) Page 10 of 18 \ \ ~ monthly installments of One Hundred ($100.00) Dollars and shall be payable on the 1" day of each month, beginning on the first full month following the date of execution of this Agreement, to Tina M. Marshall, c/o serratelli, Schiffman, Brown & Calhoon, P.C., 2080 Linglestown Road, suite 201, Harrisburg, Pennsylvania 17110. Husband does hereby waive, release and give up any rights which he may have against Wife for the payment of counsel fees. 19. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 20. DISCIDSURE AND WAIVER OF PROCEDURAl, RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair Page 11 of 18 \ \ ~ and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement i. not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non- marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, inclUding but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite Page 12 of 18 \ \ , . ~ (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 21. FURTHER DEBT Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 22. FURTHER DEBT Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 23. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future specifically from the following: spousal support from the other, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator in the Page 13 of 18 .,\;..." ,'". . " \ \ ., other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other, any claim or right in the distributive share or intestate share of the other parties' estate. 24. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 25. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either or them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and Page 14 of 18 \ \ ., entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. FINAL EOUITABr~ DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 28. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. Page IS of 18 " \ \ 29. FUTJT...I OISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of ever other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 30. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and both extra-judicial and jUdicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 31. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (1) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights Page 16 of 18 \ \ , and liabilities of both parties I (2) Enters into this Agreement voluntarily after receiving the advice of independent counsell (3) Has given careful and mature thought to the making of this Agreementt (4) Has carefully read each provision of this Agreementl (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 32. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 33. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. Page 17 of 18 '\".'~id,>;;;:, \ \ 34. LAW APPIJYCABLR This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 35. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: tU...J. 4-a-r~L If ~f;~ q::: ;:7. /ltunl.l/- TINA M. MARSHALL )< r J ;d (V) r.JJ.l CARL L. MARSHALL Page 18 of 18 . "'''':'''C.- .-. _~*' . ~ -- ~ ""- N .. ..~ ~R M d:s @~ :c U"l 0... ~ Q~ '.0 "!Ll c... ~r5 ~ fb i!: c~c.. (11 .... ~ r- :;) 0- U . , Dated: r-ltF- 91 " ' 'fID II. IIaIUIDLL, . IN THE COURT OF COMMON PLEAS . : plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 95-6616 civil CARL L. IIaIUIDLL, CIVIL ACTION - LAW Defendant IN DIVORCE PRABCIPE TO THE PROTHONOTARY: You are directed to withdraw Counts II, III and IV of plaintiff's Complaint in Divorce filed on November 20, 1995 and Plaintiff's Petition for Counsel Pees and Costs filed on April 21, 1997 to the above captioned term and number. Lor K. S rratel , Esq. SERRAT LLI, SCHIFFMAN, BROWN , CALHOON 2040 Linglestown Rd., suite 106 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff ~ -" ~ N M a ~ I~ x: <.J~ 0.. o:::i ''''i9 R IJ) ~fu "'- - ~ a.. w ..,.<1- '" ~ r- S C7' (.) .., . " \ TINA M. MARSHALL. Plaintiff' V, CARL L MARSHALL, Defendant : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6616 Civil : CIVIL ACTION. LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO TIlE PROTIlONOT ARY: Transmit the record. together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section lOll.m] (3301(dXl)) of the Divorce Code. (Strike out inapplicable section), 2. Date and manner of service of the Complaint: Personal Service on FebrulllY 7. 1996 (Return of Service filed on FebrulllY 25. 1996) 3. (Complete either paragraph (a) or (b) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff' 9.9.97 : by Defendant 9.3.97 (bXl) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (bX2) Date of filing and service of the plaintitrs affidavit upon the respondent: 4. Related claims pending: None .AII Claims have been resolved, 5, (Complete either paragraph (a) or (b)). (a) Date and manner of service ofthe notice of intention to file praecipe to transmit ,- , ' Respectfully' ubmitted, *~~. Lo' , matelli, Esq. S TELLl, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Rd.. Suite 201 Harrisburg, PA 17110.9445 Attorney for Plaintiff 1.0. No. 27426 record. a copy ofwblch Is attached: (b)(I) Date Plaintiff's Wavier of Notice In Section 3301(c) Divorce wu ftled with the Prothonotary: SePl;S1iJer 11, 1997 (b)(2) Date Defendant's Wavier of Notice In Section 3301(c) Divorce wu filed with the prothonotary: Sepl;S1iJer 11, 1997 EII'odlw 7/1197 Ilol>'l'..-.II . ,...... ~ '" ~ ~g M ,;>~ Cl,' :c ':J~ Cl.. r~~ ~g '\D ::-'!~ if~ "'0... ~~ .Lal 'Vl :".e U- f- a 0 0' , .. ,~,~. ..._-""-.~....,.".;~,",,;,, rH/V L U 199~ v:- TINA M. MARSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW IN DIVORCE, : AUMONY, EQUITABLE DISTRIBUTION, : CUSTODY ~ NO. 9S.Iot..''t:IVIL TERM v. CARL L. MARSHALL Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or aMulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR AUMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 I I I i I I I ; 11 , ' I' TINA M. MARSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE, : AUMONY, EQUITABLE DISTRIBUTION, : CUSTODY v. CARL L. MARSHALL, Defendant : ("",,1.. : NO. 95- CIVIL TERM COMPLAINT The plaintiff, Tina M. Marshall, by her allorneys, the Family Law Clinic, sets forth the fOllowing causes of action: COUNT I DIVORCE UNDER 23 Pa.C,S. SECTION 330l(cl. 3301(d) AND 330I(a)(6) OF THE DIVORCE CODE 1. Plaintiff Is Tina M. Marshall, who currently resides at 175 S. Enola Drive, Enola. Cumberland County, Pennsylvania 17025, 2. Defendant is Carl L. Marshall, who currently resides at 210 N. Beechwood, Apartment # 120, Rialto, California, 92376, 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4. Plaintiff and defendant were married on March 24, 1976 at New Cumberland, Cumberland County, Pennsylvania, 5. Plaintiff and defendant have lived separate and apart since July 4, 1994. 6. There have been no prior actions of divorce or for annulment between the parties. 7, The marriage is irretrievably broken. \ , 8. Plaintiff avers that defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such Indignities to the person of the plaintiff, his Injured and iMocent spouse, as to render the condition of the plaintiff I I' Intolerable, and life burdensome, 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II ALIMONY 10. Plaintiff repeats and realleges paragraphs 1 through 9. 11. Plaintlffand defendant have been married for a duration exceeding 19 years. 12. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage, 13. Plaintiff lacks sufficient property to provide for her reasonable needs and, although she works full-time, is unable to support herself through appropriate employment. 14, Defendant is employed in a management position at Excell Logistics and is financially able to provide for the reasonable needs of the plaintiff. WHEREFORE. plaintiff requests the court to enter an award of reasonable alimony, and such other relief as the court deems just. COUNT III EOUlT ABLE DISTRIBUTION \ \ , 15. Plaintiff repeats and realleges paragraphs I through 14, 16. Plaintiff and defendant have acquired property during their marriage, Including, but not limited to a house, a late 1980's model Cadillac, a 1983 Plymouth Voyager van, a 1984 Plymouth Voyager van, a VCR, a video recording camera, various pieces of furniture, pension assets, and stock, 17. Plaintiff and defendant have acquired joint debt during their marriage, Including, but not limited to credit card debt. WHEREFORE, plaintiff requests. the court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. COUNT IV CUSTODY 17. Plaintiff repeats and realleges paragraphs I through 17. 18. Plaintiff seeks primary physical and shared legal custody of the following child: ~ Present Address w Alicia Marie Marshall 175 S. Enola Drive Enola, PA 17025 11 years The child is presently in the custody of Tina M, Marshall, who resides at 175 S. Enola Drive, Enola, Pennsylvania 17025. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses ~ Tina M. Marshall(mother) Carl L, Marshall, Sr.(falher) Carl L. Marshall, Jr,(brother) John H. Marshall(brother) 314 Lewisberry Road New Cumberland, PA 12/16/83 - 12/94 , \ , Tina M. Manhall(mother) 175 S. Enola Drive Enola, PA 17025 12/94 - Present The mother of the children is Tina M. Marshall. currently residing at 175 S. Enola Drive, Enola, Pennsylvania. She Is married. The father of the children Is Carl L. Marshall, currently residing at 210 N. Beechwood, Rlalto, California 92379. He Is married. 19. The relationship of the plaintiff to the child Is that of mother. The plaintiff currently resides with the following persons: Nun; Relationshio Alicia Marie Marshall Daughter 20. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Nun; RelationshiD Deborah (last name unknown) Girlfriend 21. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children In this or another court. Plaintiff has no infonnation of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 22. The best interest and pennanent welfare of the child will be served by granting the relief requested because: '" .-^", "' "",>l~';,r/o,,;,,_~,-';,:,..:t.;':i<,,;."':.,h"'.f~~~~':;'~~1Nioil-';..o.__s,"~;-;,'~i '~..~'"'''' ,"'2'__\4;.~""'''''''''___.-' ,,_, ~ ,.'t:<;,'^,,_ ,", . I \ a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is wllling to accept custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affcction of the child. 23. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her primary physical custody and shared legal custody of the child. Date 11//5/rs I I cxD~ a t mgfJah Dana E. Mc ade Certified Legal Intern iJ!1ftk- ROBERT E. RAINS KATHERINE C, PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 \ ' \ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Divorce Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. fi4904. relating to unsworn falsification to authorities, , Date: 11. /5' qS '. . ~ ~ 1.1") ~ ;'h =c ~r;.t:.. a- Ylt":.~"':. ~ ~.~" ~;:';~ h..:- :t M ';'!-,-_i."., c:;:, ~:; ~:.:' ,~: -~ ''-J ! ,: .. .I"" :- .. tl... -~ .. ~ --= .:,:,:. ~ 1>- ~~'~ :-i< 6 ;~ .:~ j~~!~ ....!!Z' 10: . . Q. i . ~i-' i ~1::E . 18 ......i i >;l .. , I.-J ~r<) .' d .~ '. .. , 1 Carl L. Marshall 210 N. Beechwood No. 120 2 Rialto, CA 92376 3 DEFENDANT IN PRO PER 4 5 6 IN THB COURT OF COMMON PLBAS OF COMMBBRLAND COUNTY PBNNSYLVANIA ) ) ) ) ) ) ) ) I DEFENDANT'S RESPONSE TO DIVORCE 7 TINA M MARSHALL PLAINTIFF CARL L. MARSHALL CASE NO. 95-6616 8 9 DEFENDANT 10 11 TO PLAINTIFF AND HBR ATTORNEY OF RBCORDI 12 PLBASE TAKE NOTICBI Defendant hereby responds and alleges. 13 1. The parties were married on 3-24-76 and separated on 7-4- 14 94. 15 2. Irreconcilable differences have lead to a breakdown of the 16 marriage, and no further conciliation would help. 17 3. The parties are the parents of one minor child whose name 18 and age is Alicia Marie Marshall age 11 years. The minor child 19 currently is residing at 175 S. Enola Drive Enola, PA 17025. The 20 Defendant has rights to visitation. The Defendant and the minor 21 child have an emotional bond. 22 4. The Defendant has not participated as a paty or witness, 23 or in another capacity in other litigation concerning the custody 24 of the children in this or another court. 25 5. Defendant has no information of a custody proceeding 26 concerning the child pending in a court of this Commonwealth. 27 Defendant does not know of a person not a party to the proceedings 28 who has physical custody of the child or claims to have custody or .. ,'. .' -~:.... ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 }" ' .f:~:'~'_,"':"':'" .{'';';:~:, '," ~.'.::k. ,oj;::)' -$ ,ii:;: .. \ . , , visitation rights with respect to the child. 6. The parties have the following property which was aquired during the marriage. a. 1986 Cadillac b. 1983 Phymouth voyager van c. 1984 Phymouth Voyager Van d. VCR e. misc furnishings and appliances f. pension assets and stock 7. The parties have the following debts accumulated during the marriage. a. Bako CU b. 1st USA c. Chevy Chase d. First Union e. Colonial National 8. The Plaintiff has incurred the following debts after separation. a. Bell of PA WHEREFORE, Defendant request the court to enter the following orders. 1. Decree of Divorce 2. Divide the property and debts equitably between the parties. 3. Confirm the debt incurred after separation (Bell of PAl as the separate obligation of the Plaintiff Tina Marshall. 4. Grant the parties joint legal custody of the minor child, with the Plaintiff/Mother having primary physical custody, subject . \ ." , , \ 1 to the visitation rights of the Defendant, as follows: 2 a. 1 week after school ends in the summer time thru 1 week 3 before school begins in the fall. 4 b. Even year Christmas 5 5. Any other orders the court deems just and proper. 6 7 I declare under penalty of perjury that the foregoing is true 8 9 and correct to the best of 1/11 /'1<. Date my know(JJ a}J~ belief. X /Yla,f.L! Carl Marshall Defendant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \ ,..-..",." '-,,"-'-,........, .' , , . 1 ROE INVESTIGATIONS ST LIC NO. 16792 2 950 WEST I STREET ONTARIO, CALIFORNIA 91762 3 4 5 IN THB COURT OF COMMON PLBAS OF COMBBRLAND COUNTY PENNSYLVANIA 6 TINA M MARSHALL I I I I I I ) CASE NO. 95-6616 7 CARL L. MARSHALL 8 9 10 11 PROOF OF SERVICE BY MAIL Cynthia A. Roe certifies and declares as follows: 12 I am over the age of 18 years, and not a party to this action. My business address is 950 West I Street Ontario, Calfiornia 91762, 13 which is located in the county of San Bernardino, where the mailing described below took place. 14 I am readily familiar with the business practices at my place of 15 business for collection and processing of correspondence for mailing with the United States postal Service. Correspondence so 16 collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. 17 On 1-11-96 at my place of business, a copy of the 18 following: RESPONSE TO DIVORCE 19 was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully prepaid, addressed to: 20 TINA MARSHALL FAMILY LAW CLINIC 21 175 S. ENOLA DRIVE 45 NORTH PITT ST ENOLA CUMBERLAND COUNTY, PN 17025 CARLISLE, PA 17013 22 and the envelope was placed for collection and mailing on that date following ordinary business practice. 23 I certify and declare under penalty of perjur under the law of the 24 state of California that the foregoing t ue and correct. Executed on 1-11-96 25 26 27 28 -, . . _,,_~""'r"'.'''''\O-'~''..::.'.1.'';'''''~'!''. -""~,~, "-"":";'r~-~ '^., " TINA M. MARSHALL, PLAINTIFF VI. CARL T. MARSHALL, DEFENDANT - .-....... ," . ",'''''''~' : ..~ d~~" _, '<<'-,._'," ~'"'I_""_",,,,,,...~.,,'M.,.,.""''''''''''''''+'''''' , , , i. III tho Court or Common Pleu or Cumb.r1ud Coulli)'. PODDl)'lvaaia 6616 95 No. Civil 19 CIVIL ACTION - LAW IN DIVORCE, A~MONY, EQUITABLE DISTRIBUTION & CUSTODY ----- PRAECIPE TO REINSTATE COMPLAINT To the prothonotary: ------- Please reinstate the Divorce Complaint in the above-captioned .. matter on behalf of the Plaintiff, Tina M. Marshall. Lawrence E. Welker To ~.u..... .. ';:r I ;; ., /)/ {,AI. I IS ~~ IU..l:' 'tt' I G~l.l j{. nearer SupervlliD. Ally ; . ----..------.. ------..------..---------....--- ----- Prothonotary 19 G" Student Ally ror P1aiDtlff , \ . , \ ,,",,",,"'-~' " ~ ,~;''''... .- " . .'", 95-6616 CIVIL No. Torm, III TINA M. MARSHALL, Plaintiff v.. CARL L. MARSHALL, Defendant Piled III GAIL R. SHEARER The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 717/240-5204 o C' ::-:;.;: -Vi": [llj~~ -" .~'l :_;;.c:.: ~;'j ,~ _...~. r:;c.~ ~I:C1 -"'('l :">c" :2 ~ _ 'H" ....__ ..". _.. _~_'^''''''''_''.'.~_''_ .._'___,.. . , , . 95 PRAECIPB StudoulAIly Suporvi.m. Ally I.') 0\ -" nl <':0 I ..~ -'it ;:J ~:;ilTI~ o =r! (.) h,i") ,':;111 -'" ~ -0. :::: ~) c.n . . , . . " " '. TINA M. MARSHAlL, Plaintiff v. CARL L. MARSHAlL, Defendant . I' . : IN TIm COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW IN DIVORCE, : ALIMONY, EQUITABLE DISTRIBUTION, : CUSTODY : NO. 95-6616 CIVIL TERM RETURN OF SERVICE 1/ Renee Tyson / hereby certify that I am a competent adult who is not a party to these ploceedings, and that I have served a true and correct copy of the Divorce Complaint in this matter on Carl L. Marshall, residing at 210 N. Beechwood Avenue, Apartment 120, RIa1to, California, 92376, on the following date, at the time, place and manner set forth: NAME: ADDRBSS: Judy's Roadrunners 1487 Hedgewood Upland, CA 91786 ~D0D'n J~ Renee Tys DATS: 2-7-96 1:55p.m. Exe1 Logistics 1291 S. Vintage Ave Ontario, CA TIMB: PLACE: TO WHOM: Rick Fry, Manager MANNER: Rule 402 .,. ,',_ . :~~t"" :~, ':~.:JJ.:-~; ... ii. or" ,l~~~-,-~,~:.:..-,...~...~.. <;...... 0 ~ In r:: .::r -~ ,,- .. !::; f N :');5 ~i -- ():;... u: ,..~;-j 'I'" ,.f:... ,,--: \.0 .. ,r" r.,: :~r?i I., N o:b'; c:o ~.iifu F' w t:~u. " L0.- U. ...0 "5 u en U " , f - 'i , I I ! \ -~ ....- S,.uATlW, SCHIPPMAN, BlOWN Ie CAulOON, ..c. ..... HI 30101-...""". ...... __'A 17IIO,H41 . \ .. . ., . . , TINA M, MARSHALL. Plaintiff : IN TIm COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 9S-6616 CIVIL TERM V. CARL L. MARSHALL, Defendant : CIVIL ACTION. LAW : IN DIVORCE PRAECIPE To the Prothonotary: Please withdraw the appearance of the Family Law Clinic on behalf of Tina M, Marshall, the Plaintiff, and enter the appearance ofLari K. Serratelli. Esquire in the above captioned matter, _k> k'c<-lrn.~ Certified Legal Intern '/fqO/'/;.//f! 4~ Robert E. Rains Thomas M, Place Katherine C. Pearson Supervising Attorney Gail R. Shearer Staff Attorney FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 (717) 243-2968 Dated: ^,o,."J.. II l"?'i i , Dated: JIll' 7 Dated: 3)1"'/1' . 1~ Lori K. SE LL~SCmmF~,BROWN & CALHOON, P.C. 2080 Linglestown Rd.. Suite 201 Harrisburg, P A 1711 0 (717) 540-9170 .. "~-'~ ".> -,-,--~-,-.._,..~-..---._",>..~""-.~...,-,.>,,..~.. ~.~.".,---,,,-_._................._-,, ..,.,e_-......__._~_".. """~-'''''''->'.-''~..'....,..;.,.""".."".....,_..t'o...._........~,;.;.,;j~.{f :.~ It ll.' ;.;!, -,',"; " ,~ .t' .11':. ~N )h. -'" ,::n' ,,*>.'; "",-'i;_' ...:J;';, (~,!.!. ~;:' ,t;:,:~:- r~ f , f.;; ~ i~; ~~: ('~, (l.~ JI..- __I,. , u::~ r-- u. Q Ul ..::1 Co; :c n.. - c:-J c-: .r( :.c r- 0' ~ ~ J .. ~ !! GO ... . .. .. )1")5 ... ... , , GO GO !ji F~ . . .... ...... -- J 'I&'!-~ ,. .,.. . " . ---. MllIo.'CI.AI1UCI......".,..,... rClNMlCW .".~.arta11'f~NCIWoIQ..."1wOnu...a-m -- ~ . . '. . .. . .. . TINA M. MARSHALL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : No, 95-6616 CIVIL TERM Plaintiff vs. CARL L. MARSHALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFlDA VlT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330t(c) OF THE DIVORCE CODE (I) A Complaint in Divorce under 3301(c)ofthe Divorce Code was filed on November 20, 1995. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. (3) I consent to the entry ofa final decree of divorce, without fonnal notice of the intention to request entry of divorce decree, (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if( do not claim them before a divorce is granted. (5) 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 verilY 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. See, 4904 relating to unsworn falsification to authorities. rt- 9- 97 DATED ~ A, /J!~ TINA M, MARSHALL Ell'ec:tlvo 7/1197 >- ,... (.:: 0; II: .";;,1' ;::;, ~ 5...-- w8 ();.:~ ~." " ":-~I :;: If'" CC ~i~~ ::,~ l., ~~~2 ,'1 UJU -'l' 0.. :';fe U;Ff UJ f:] <r. ~. "_ ..... .-:J 0 0" U ',,' .. o. -. .. . c ,~.,_ ';;<.'~:,"i -:~~<.":f:,;"~;"":;"'~_-~'" . .. f . " t f .. . TINA M. MARSHALL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 95-6616 CIVIL TERM Plaintilr vs. CARL L MARSHALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE (I) A Complaint in Divorce under 330 I (c)of the Divorce Code was filed on November 20, 1995. (2) The marriage of Plaintilr and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. (3) I consent to the entry ofa final decree of divorce, without formal notice of the intention to request entry of divorce decree. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if) do not claim them before a divorce is granted, (5) 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 verilY 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. Sec. 4904 relating to unsworn falsification to authorities. qh/q 7 DATED (JJ. 0( (Vl--U{ CARL L. MARSHALL Elr...11vc 7/1/97 ,3 tr. 1'"' r.:: ..: u-: 5's 0 .. N ,.t: t',,;, Ul.. - );;r." rt :lC Ct n~ i~; 0- - f;G rl~ - :J7-. c_ {r.:~. 0:\" 0- III r!= ~ t1! t5 .- <;i 0- r; ",. ..,,:- . . ,. :, ~ . ... . --'.h''''';''';''-,,__>'' \. --..~-~._, , TINA M. MARSHALL, PlaIntiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : IN DIVORCE, EQUITABLE DISTRIBUTION, : : CUSTODY CARL L. MARSHALL, Defendant ; NO. 95- t,t.lt CIVIL TERM ORDER OF COURT AND NOW, this'1rP day of ~~995, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that she is relieved of all costs in this action. By the Court, OFTH~TAAY 9S OF.C - 5 Atl S: I 5 CUM6ERU,\,() COUNlY PENNSllVAN'A ';....,.....-.'- "-,.oJ., ~mv 20 1995 ~ TINA M. MARSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION . LAW IN DIVORCE, : ALIMONY, EQUITABLE DISTRIBUTION, : CUSTODY . " ; NO. 95. ~'" CIVIL TERM v. CARL L. MARSHALL, Defendant AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: I. I am the plaintiff in the above mailer and because of my linancial condition am unable to pay the fees and costs of prosecuting or dcfcnding the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the infonnation below relating to my ability to pay the fees and costs is true and correct: (a) Name: Address: Tina M, Marshall 175 S. Enola Drive Enola, PA 17025 168-52-8457 Social Security #: (b) Employment: Employer: Address: Children's School of New Cumberland 16 & Brandt Ave, New Cumberland, PA $824,00 Teacher's Aide Wages per month: Type of Work: (c) Other income: Child Support Payments per month: $492.00 TOTAL MONTHLY INCOME 51,316.00 (d) Property owned: CllSh: Checking Account: Savings Account: Motor Vehicle: 1983 Amount Owed: SO.OO SO,OO S20.00 SO,OO Make: Plymouth Voyager Year: Cost: Approximately SIO,OOO (e) Monthly debts and obligations: Rent S375.00 Electric S I 00.00 Water S30.00 Telephone S50.00 Cable S25.00 Oroceries S260.00 Car Insurance S75,OO OIlS for Car S I 00,00 Clothes S50.00 HaireutslLuncheslMisc. S I 00,00 Various Joint Credit Card Debts: Penn Credit S15.00 American Appliance S40.00 Colonial National S60,OO Fingerhut SI5,OO Support for son Carl in College: $15,00 Support for son John, a high school senior. currently living with his paternal uncle: S I 0.00 Previous Attorney $10,00 TOTAL MONTHLY EXPENSES $1,330.00 In addition, my car is currently inoperable and requires a new head gllSket. water pump. and starter, Approximate cost of repair is $700.00. (f) Persons dependent upon you for support Children: Name: Carl L. Marshall. Jr. John Henry Marshall Alicia Marie Marshall 0.0,8,: 7/6/76 7/6/77 12/16/83 Age: 19 yrs. 18 yrs. II yrs. 4, I understand that [ have a continuing obligation to inform the court of imporvement in my financial circumstances which would permit me to pay the costs incurred herein. S. 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. fi 4904. relating to unsworn falsification to authorities. Date /1- / - 95- ~4llhwjcib Tina M. Marshall Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE, EQUITABLE DISTRIBUTION. CUSTODY TINA M. MARSHALL. Plaintiff CARL L. MARSHALL. Defendant NO. 9s-lalollt> CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly al10w Tina M. Marshal1, Plaintiff. to proceed In forma pauperis, I. Dana E. McDade, Certified Legal Intern, at the Family Law Clinic, counsel for the party proceeding In forma pauperis. certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date:.t!J1W Jntll-//l 1, / lJ1(' I . J,-iVU IlJ[dJ'adt Dana E. McDade Certified Legal Intern ROBERT . RAIN THOMAS M. PLACE KATHERINE C, PEARSON Supervising Attorney GAIL R, SHEARER Staff Attorney THE FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: 243-3639 TINA M, MARSHALL. Plaintiff V. CARL L. MARSHALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No, 95-6616 CIVIL TERM : CIVIL ACTION. LAW : IN DIVORCE PETITION FOR COUNSEL FEES & COSTS AND NOW COMES Plaintiff in the above captioned action, by her attorney. Lori K. Serratelli and the law finn of SERRA TELL(, SCHIFFMAN, BROWN & CALHOON who petitions this Court for counsel fees, costs and alimony and in support thereof, avers as follows: COUNT I 1. The Plaintiff filed a Complaint in Divorce under Section 3301(c), 3301(d) and 330 I (a)(6) of the Divorce Code on or about November IS, 1995. 2. By reason of the institution of the action to the above tenn and number, Plainliffwill be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 3. The Plaintilrs income is disproportionately lower than the Defendant's income, and Plaintiff is without adequate funds to pay the costs and expenses of this litigation, 4. The Plaintiff is currently employed as a teacher's aid at the Children's School of New Cumberland, making $6,66 per hour, 5, The Defendant is currently employed by Exel Logistics, Plaintiff is unsure of his current income; however, he accepted ajob transfer to California in 1994, At the time of his transfer he was making $2265.69 per month and Plaintiff believes he is making significantly more at this time. WHEREFORE, Plaintiff prays that your Honorable Court grant an Order upon Defendant " . to pay Plaintiffs counsel fees and costs "fthls litigation. Respectfully submitted, ~~4~' ~~cmtelli. Esq. SE TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Llnglcstown Rd., Suite 201 Harrisburg, PA 17110 (717) 549-9170 Attorney for Plaintiff VERIFICATION I verifY that the statements made herein arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. O(~(lL (\. ~lIohn.CO TINA M. MARSHALL - .~""'!'~"'c, '::" <_C".~' TINA M. MARSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 95-6616 CIVIL TERM V. CARL L. MARSHALL. Defendant : CIVIL ACTION. LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Lori K. SerrateUi, do hereby certifY that a copy of the foregoing Petition was served upon the Defendant by depositing a copy in the United States mail, postage prepaid on April a, 1997, addressed as follows: Carl Marshall 7950 Amesthyst Avenue Rancho Cucamonga, CA 91730 Lori . Satelli SE TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for PlaintilT . ~ tQ lr, ~ CJ r= 'G ~ C": -" '" ..... ",,' 81 .......... I-' .. ~ n ~ - ~. - '-:t- ..... 1_' Ci: ..~~ *J ~t~' ," ~ ........ ")2: '" tL N ,.~ lit, O~ :'1 ~ ~ Cl.. :0 ~ f~' ... a V<:l l;; ,.. ao ~ - IJ.. a ~ ! I!:: i J_...... i~I~II~I~~~ I s~ J . . . . ., . . OIlIfIlIlH .....u.. AD_d. ..a~.:::.a: ~n Ift'lI"'t1f -......". '" ". . . I . 'nUl SIUA1ULI. SC/IIPP"'AN. BIO'lVN ac CALlIOON. r,c. Sun-.201 2010 lJNtllU1UWN 1'it411 ".u~"!....PA .71109". ~ . " ....... TINA M. MARSHALL, Plaintiff v. JUN 071996 : IN THE COURT OF COMMON PLEAS OF V : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : IN CUSTODY CARL L. MARSHALL, Defendant : NO. 95-6616 CIVIL TERM ORDER AND NOW, thiS? ~aY of ~~996, upon consideration of the attached Petition for Special Relief, it Is hereby ordered and directed as follows: 1. Tina M. Marshall, mother, shall enjoy legal and primary physical custody of Alicia Marie Marshall (d.o.b 12/16/83); 2. Carl L. Marshall, father, shall enjoy temporary physical custody at times mutually agreed upon by the parties; 3. Since this order has been issued ex parte, should the father wish to be heard on this matter, he may request that a custody conciliation be scheduled. BY THE COURT: I . '9'l1'N^,,I,sNN3d ~ }Jl.nO::l (11.~ntEt1v{no ~tpG I4V L -lmr 96 JJ:W.LOi\'O\-U.CJJ,i3Hl :10 . :;Nj~1:l ~~. " TINA M. MARSHALL, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW IN CUSTODY v. CARL L. MARSHALL, Respondent NO. 95-6616 CIVIL TERM EX PARTE PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Petitioner, Tina M. Marshall, by and through her attorneys, the Family Law Clinic, petitions this coun pursuant to Pa.R.C.P. 1915.13 for special relief in the form of a Custody Order and avers in suppon thereof as follows. 1. Petitioner is Tina M. Marshall (hereinafter "mother"), currently residing at Apartment 2, 175 South Enola Drive, Enola, Cumberland County, Pennsylvania with her daughter, Alicia Marie Marshall. 2. Respondent is Carl L. Marshall (hereinafter "father"), currently residing at Apartment 120, 210 North Beechwood, Rialto, California with his girlfriend Deborah (last name unknown) . 3. Mother and father have lived separate and apan since July 4, 1994. 4. Mother, through her attorneys, the Family Law Clinic, filed an action in divorce and custody on November 20, 1995. 5. Father is not represented by counsel. 6. No Order exists concerning the custody of Alicia Maria Marshall (d.o.b. 12/16/83). 7. Mother seeks legal and physical custody of subject minor child, Alicia Marie Marshall. 8. Mother requests the relief for the following reasons: a. Father has told mother that he wants to take the minor child to his home in California for the entire summer beginning on or about June 11, 1996; b. Mother is concerned that father will not return the minor child to Pennsylvania when either child or mother requests; c. Mother does not want to send the child to California without a Court Order maintaining the status quo, with child living with mother in Pennsylvania; d. By letter of April 24, 1996 the Family Law Clinic contacted father regarding custody. Father failed to respond to this lettel' to the Family Law Clinic. Father did contact mother and argued with her regarding custody and divorce issues; e. By letter of May 24, 1996 the Family Law Clinic again attempted to contact father. This letter included a proposed Custody Agreement accommodating father's planned travel to Pennsylvania. The letter informed him that it was important to respond if it was his desire to exercise custody this summer by removing the child from Pennsylvania on or about June 11, 1996. Father has failed to respond. 9. Mother has valid concerns that father will not cooperate and return the child to Pennsylvania unless required to do so by Court Order, for the following reasons: a. As noted above, father has failed to respond to the Family Law Clinic regarding the custody matter; b. Father has failed to provide proof of purchase of an airline ticket guaranteeing return of the child on a certain date; c. Father has failed to cooperate in the divorce and custody action in the " " following ways: 1. Father attempted to avoid service of the Divorce and Custody Complaint. He was finally served on February 7, 1996; 2. Father has failed to respond to requests for authorization to obtain Information concerning his retirement plans. 10. At the present time, the twelve year old child Is apprehensive about accompanying her father on his return to California because she has had little contact with him since her parents' separation in July 1994. The most recent telephone conversation between father and child occurred in approximately the middle of April 199b. The most recenttelepholle call prior to the April call occurred in October 1995. She receives occasional cards from father, but most are addressed and signed by father's girlfriend, Deborah. Alicia is also apprehensive about leaving her familiar surroundings of family and friends. 11. Father taking Alicia against her will, for an extended period of time, after the lack of contact between father and child, without a guarantee that father will return the child, will be traumatizing for the child. 12. Mother is willing to be reasonable and allow supervised visitation with father during his planned stay in Pennsylvania around the dates June 7, 1996 to June 11, 1996. Ifchild becomes comfortable with father and then wishes to return to California with him and father is willing to execute a Custody Agreement, mother will allow and encourage the trip to California. 13. Father will not be prejudiced by the granting of this Order since it only will serve to maintain the status quo and can be modified at his request through the normal conciliation process. WHEREFORE, petitioner respectfully requests this court to grant her special relief and ,''''''''";:l'''~"lllJt,:',Uit1~~\lI~r~:~~''~ .' Issue the Custody Order reflecting the existing arrangement. Date 3....,0 I,.. 119(P . 2p-ee<<~ .J~ REBECCA SPANG E Certified Legal Intern k 7? .;J/... - . <-"- T1IOMAS M!PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 240-5204 VERIFICATION I verify that the statements made in this Petition For Special Relief are true and correct to the best of my personal knowledge and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. fi4904, relating to unsworn , falsification to authorities. "3'1.An 'I Date:~ '-(~ Yl\.. ~G..nJ ~&O Tina M. Marshall , ..- TINA M. MARSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : CIVIL ACTION - LAW IN CUSTODY CARL L. MARSHALL, Defendant . . : NO. 95-6616 CIVIL TERM CERTIFICATE OF SERVICE I, Rebecca Spangler, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Petition for Special Relief on Carl L. Marshall, at Apartment 120, 210 North Beechwood, Rialto, California, by depositing a copy of the same in the United States rnail, this 7~ day of June, 1996. ? ,,1u~'("'o. ~rl n,l - Rebecca Spangler Certified Legal Intern ", , . c I ",. t .. , .- r!" .. ,'J " . , t \ 4 . '" t- ~:J il>. ~ f':' -'," : , (.. f'l ~- f ... C'_ <.';'} THE FAMILY LAW CUNIC 45 North Pitt Street Carlisle, PA 17013 (717) 243.2968 .. . '. ] .J ~ .....1;- J I!j ig ~ 9 ~k ~ i ~. :R ~ ~ .... ~~ to- i~' ....... ;j ':J - III ( ~ ~ H tOl.1I'I "IV. ...0 COUNT'" CUrrberland ,. NAME 2. RESIDENCE FI"rI earl S"H' or R.O. 2. DATE O. BIRTH ~LAC 0' BIRTH 'I. UIUAL OCCU~ATION loWlagesrent tj'-f7- 97 V~-MLI~)/' >>{-i-~ ()IJ. t eul '-1Lu, d ttl...fu;titl A F/(~ /11U4.LIJ (j L ---^ COMMONWlALTH OF ,ENNSVLVANIA Di"'''TMENT OF HEALTH VITAL RECORDS DIVORCE ~ RECORD OF OR ANNULMENT ICHECK ONEI 0 HUSBAND ",Kldl. " L. O'r. '0'0. or Twp. Marshall 1I/U, f.'. CA o. 7950 l\rOOthyst Avenue, RancOO Cucanonga, NUMBER e. "ACE Of THII 1 WHITE IoIARRI"'O IKl IILACK o OTHElf:r-CIIYI o. MAIOlN NAMl 'Find Tina 10. RUIDENCE SttH,orll.O. i75 S. EnDla Drive, '3. WHITE IiSl NUMSER OfTHII M "" 'LACED' Of THIS MARRIAGE HUMBeR O' CHIL' DREN THIS 3 M...RRIAOE HUMBlER OF HUSBAND WIFE CHILDHENTOD r[1 CUSTODY Of L!:.J O"'TI! Of DECRE( 12. '0. u.... '0 22 24 SIC,......TU'U OF TRANSCRIOINQ CLERK Apt. 1 (CDunt,1 Cumberland WIFE ("'iddwl (tA," M. zorn O'Y. 801D. or rwp' CDun., #2, EnDla, Cumberland, St.f. PA IILACK o OTHER ISpeCllvl o (St.f.or Fo,..;". CDlln",1 PA 1711. NUMIIER Of DE'ENDENT CHIL DREN UNDER tll 2 'I. 'LAINTlfF HUSBAND o Wlft ~ OTHER 1ap.C1fyl o 2'. LEOAL OROUNDS fon DiVORCE on ANNULMINTlrretrievable Breakdown , ...LIT CUITODV o (Mon'''' OTHER IIp"lfyl o 13. DATt n11'un' SENt tOV11^l nICO"U'J ,0.,1 (,.,,1 j!! " 15- (P(PIft, TATE fiLE HUMIER STATE FILE OATE , .., 12 20 58 ..or on"" MD unfr, '01. DATI O. OlATH '1. 'LACE 0' IIRTH U I Month 3 - 58 I \ , 24 (Sf.'. 0' 'o,../fn QlII",,.,1 PA OATIOF Mo"fh ., - THII 3 27 76 MARRIAOE HUSBAND WifE OTHER tSpecl'yl 0 1KI 0 Mo"f" .' . __~~.._~," ,~"~-"-':,!m(1!;~"" -,~,.,.. ~\~~-~)-;{t~'~'l~~~.~t~\~~!~~{;;::_~~::_~':~f':t~-'n. .__'"';"'f,~..~,~,~::,~tf!J'7>.,/P!lJ!,3~!r~".,__x:~ _'_"-~_' . 'MAY 071998 TID N. JlAR8I1ALL, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA . . v. . No. 95-6616 CIVIL TERM . . . CARL L. JlAR8I1ALL, . LAW . Defendant . . AND NOW, this , 1998, upon the representations and stipulat for plaintiff and Defendant in the above-captioned matter, it is hereby Ordered and Decreed as follows: 1. Carl L. Marshall, date of birth: December 20, 1958, Social Security Number: 166-46-4125, hereinafter referred to as "Participant" is a participant in the Exel Logistics Retirement and Savings Plan (hereinafter referred to as the "plan"). 2. The current and last ~own mailing address of participant is 7950 Amethyst Avenue, Rancho Cucamonga, California 91730. 3. Tina M. Marshall, Plaintiff, date of birth: March 24, 1958, Social Security Number: 168-52-8457, hereinafter referred to as "Alternate Payee", is the ex-spouse of the participant and had raised claims for, inter AliA, equitable distribution of marital property pursuant to the pennsylvania Divorce Code, 23 Pa.C.S, Section 3101, ~ aag. 4. The current and last known mailing address of Alternate Payee is: 175 S. Enola Drive, Apartment 2, Enola, pennsylvania 17025. 5. This order applies to the following plan: Exel Logistics Retirement and savings Plan, 6. A portion of the participant's Plan is marital property , subject to distribution by this Court. 7. The Alternate Payee shall receive sixty (60t) of Carl L. Marshall's Exel Retirement and Savings Plan, as of July 4, 1994, adjusted for earnings and losses, on said portion to the date of distribution, immediately in a lump sum payment. 8. The distribution to Alternate Payee from the Employee Plan shall be made as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the Plan, if later. Benefits will be payable to the Alternate Payee in the form of a one-time, lump sum cash payment. 9. Participant's death shall have no effect on payment of Alternate Payee's benefit under the Plan. 10. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with the applicable Plan provisions regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. For the purposes of this order, the Alternate Payee's beneficiary shall be: Name: Carl r,. Marshall. Jr. Address: 39 Palmer Drive. Camp Hill. PA 17011 Social Security No.: 193-62-5702 '- ":"".~ ."':-.. ';:, :-.'.; . 11. The parties shall promptly notify the company of any change in their addresses from those set forth in this Order. ',"'''C-;_. J. TINA H. HAR8HALL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95-6616 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CARL L. MARSHALL, Defendant STIPULATION FOR ENTRY OF OUALIFIED DOMESTIC RELATIONS ORDER The parties hereto, by their respective counsel, hereby stipul~te as follows: 1. The parties entered into a Matrimonial Settlement Agreement dated September 9, 1997. 2. The parties received a Decree in Divorce under date of October 6, 1997. 3, Pursuant to the Matrimonial Settlement Agreement dated september 9, 1997 and Divorce Decree incorporating said Agreement, the parties agreed to the entry of a Qualified Domestic Relations Order by which Tina M. Marshall is to receive sixty (60%) of Carl L. Marshall's Exel Retirement and Savings Plan (hereinafter "The Plan"), as of July 4, 1994, adjusted for earnings and losses, on said portion to the present time, immediately in a lump sum payment. 4. A Qualified Domestic Relations Order is required by the Untied States Internal Revenue Code to effect such assignment without federal income tax consequences. 5. The parties have submitted the transaction contemplated hereby to the administrator of the plan and the administrator has determined that the proposed Order attached hereto would, once entered, constitute a Qualified Domestic Relations Order that the administrator could effectuate without adversely affecting the . tax-qualiried status or the Plan. 6. Attached hereto is the proposed Qualified Domestic Relations Order which the parties have agreed to have this Court enter in this case. WHEREFORE, the parties hereto jointly move the Court to enter a Qualified Domestic Relations Order in the form attached hereto. Date: s:/y/ ?i- Dated: ~~-i L. Marshall MII_U.QDR fr. .;,' ,,,,: uJt;! ~~: 0"- w" a:l;: j::' I~- Q' -" . , - Q.; oa; ~ ~ \4) c ~ ..?. ~_.:~:~ ,'.~ :"., -~ ~1~1 .,.... :-.i.t:\ -... ,.; 1 .,;.;.~ T'.::"< I ~JuJ :-:\0... ..~ ~ ::> u. :=: .- t:- <t \.D I :>- -" :t:: CC <f\ I I \ I I I I I , i I