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nus AGREEMENT made tlus L, day of (if Iv I) t! r ,1997, by and
between DANA C. ECKENRODE, of950 Walnut Bottom Road, Carlla1e, Cumberland
County, Pennaylvanla (herehu1fter referred to u "Wife"),
AND
TODD C, ECKENRODE, of clo Cumberland Ooodwill Pire Company, 102
West Ridge Street, CarUsle, Cumberland County, Pawylvanla (hereinafter referred to u
"Husband"),
WITNESSETH:
WHEREAS, Husband lIIld Wife were lawfully nwrled on May 26, 1979, In
C&rUsle, Cumberland County, Pennaylvanla; and
WHEREAS, Husband and Wife are residents of the COlMlOnwealth of
Pennaylvanla lUld IuIve been 50 for atlwt the put six rr.onths;
WHEREAS, eertaln differences have arisen between the parties hereto which have
made them desirous of living sepurate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certaln of their
marital rights and obligations, and make l1I1 equitable distribution of their marital property,
determine their rights to alimony and support and allY other matters which may be
considered under the Domestie Relalions Code; lIIld
WHEREAS, it is the intention and purpose of tlus Agreement to set forth the
respective rights and duties of the parties while they continue to live apart from each other
and to settle all fil1lllldal and property rights between them; and
WHEREAS, the parties hereto have mutually entered Into an Agreement for the
division of their jointly owned assets, the provisions for the liabilities they owe, and
provisions for the resolution of their mutual differences, after both have had full and ample
opportunity to consult with attorneys of their respective choice, the parties now wiab to
have that agreement reduced to writing.
.
NOW, THEREFORE, Ihe partie I herelo In conal deration of the mutually made and
to be kepi promlael set forth herelnaftel' and for other good and valuable consideration,
.lId Inlendlna to be legall)' bo\lnd and 10 legllJ1)' bind their hell1, IIUCCllSlOrs, Isalpl, and
perlQnaI reprelelllldves, do hereb)' COVe/WIl, promiae and agree u follows:
ARnCLEI
1EPARA nON
1.1
Illhall be lawful for Husband and Wife It allllmrll hereafter to live aepanle and
.part liom each other IJId to reside from lime 10 time II such place or places IS they IIhaII
respectlvel)' deem fil free from an)' control, restraint, or Inlerference, direct or Indirect, by
each olher, Neither party shall molest Ihe olher or compel or endeavor 10 eompel the
other 10 cohabil or dwell wilh him or her by an)' legal or other proceedings, The
foregoing provision shall not be laken to be an admission on Ihe part of ellher Husband or
Wife of the lawfulness of the causes leading to them living separale and apllrt,
ARTICLE"
DIVORCE
2,1
this Agreement is nol predicaled on divorce, It is specifically underslood IJId
agreed by IJId belween the parties herelo that eaeh or the said parties does hereb)' WllTlJlt
and represent to the other lhal the exeeudon and delivery of this Agreemenl Is not
predlcaled upon nor made subject to any agreement for Il1Etitutlon, prosecution, defense,
or for Ihe non-prosecution or non-defense of an)' action for divoree; provided, however,
that nothing contained in this Agfl:emenl shall pl'lwent or preclude eilher of the parties
bereto from commencing, instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon Just, legal and proper grounds; nolto prevenl either
party from defending an)' such action which has been, lI1JlY, or shall be instituted by the
other party, or from making an)' Just or proper defense Ihereto, II Is warranted,
.
convelWlted, and reprellCnted by Husbllld 1Il~ Wife, each to the other, that dill
Ajveementl, l.wfullJld enforceable IIld thll W&rTIIlIy, covenanl, IIld I'IlprellClIl.Itlon I,
mlde for the lpeclfic purJlolIe of Inducing HUlbllld IIld Wife to eKecute the Agreement,
HUlbllld IIld Wife e&ch kllowingl)' IIld underatandlnsl)' hereb)' walve an)' and all polllble
clllllll that thll Ajreemellt II, lor lilY reallOn, lIIeya!, or for lilY relJOn whallloevor of
public (lQllcy, unenfor~eable In whole or III part, HUlbllld IIld Wife do each hereby
warrllll., eovenant IIld agree that, III any pOlslble event, he and Ihe are and Ihall forever by
eltopped from BlIIlening all)' Illegality or unenforceabllity II to all or any part of thls
Agreement.
:z.1
It II further speclficall)' undentood and agreed that the provillon of thla
Agreement relBtlng to the equitable distribution of property of the plll'ties are sccepted by
eaeh party II 11 finalseulement for nil purposel whatsoever, Should either of the partin
obtain a decree, judgment or order of IlOparatlon or divorce In an)' other "tale, eounlry, or
jurisdlctlon, eaeh of lhe parties to Ilus Agreement hereby consents and agrees that this
Agreement and all Its covenants shall not be aJfected In an)' way b)' an)' such seporatlon
and divorce,
2,3
This Agreement Ihall survive ony decree In divorce IIld shall be forever binding
and conclusive on the parties, It II understood b)' and between the parties that thls
Agreement shall be Incorporated Into lilY decree, divorce or Ileparatlon, but It lhall not be
deemed merged in such decree,
ARTICLE III
';QUlTASU,DISTRIsur/ON OF MARITAL PROPERTY.
3.1
The partlel have attempted to divide their nwltal propeny in a manner whlcb
cenfOnnl to the criteria set fonh In the Pel\lllylvania DlvorCll Code, Ill1d taklns Into
account the foUowlng considerations: the length of the marriage; the prior nwrllllOl of
.
tho partlos; the IgO, health, stAtion, ll110unt Ind lQurces of Income, vocational skiUs,
omployabillty; estato, liabilities, and needs for each of tho psrties; the contribution of ons
puty to the education, training or Increucd earning power to the other Putyi the
opportunity of each party for future acquisition of capital wets and Income; the sourc:ea
of Incomo of both parties, Includlnll but not limlled III medical, retirement, InlUrartce or
other benelhs; the contribution or dlulpatlon of each pllty in the acquisition, preservlllon,
depreclauon, or appreciation of marltal property, includlnglhn contribution of a puty U I
homemaker; the value of the property set apart to each plll1y; Ihe standard of living oCthe
parties established during their mamoge; the economic circumstances of each party,
including federal, state and local tax ramlficatlolll, at the umo of tho division of the
property Is to become effective; and whether the parties will be serving u the custodlan of
any dependent minor children,
3.1
The division of existing marltal property Is not limited to the porties to consUMe
in any way a sole or exchange of usels and the division Is being elfected without the
introduction of outside funds or other property not constituting marital property. The
division of property under tlUs Agreement shall be In full satisfaction of all rights of
equitable distribution of the parties,
3.3
Perlollal ProDertY. The parties acknowledge that they have substantially
distributed their personal property to their mutual satisfaction, However,
contemporaneously with execution of this Agreement, Husband shall deliver to WIfe the
drawers from the High-Boy tMt Wife is retolnlng from the parties' marital IUsetS,
Contemporaneously wilh execution of thJs Agreement, Wife shall deliver to Husband the
High-Boy and desk which are 11I1 integrw part of the bedroom suite that Husband hu
retained,
Wife shall immediotely execute any stipulation provided to her from counsel for
Husband through counsel for Wife BUthorizing the Immed1ste return to Husblilld of all
hunting ril1es and ~hotguns 51111 held by the Cumberland County Sherift's Department
purlUant to an BI1\ended lemporary Protection From Abuse Order dated July 31, 1996, In
"
Ule event Wife flU. to cooperate in the execution of well .tlpuJatlon, Husband may
prellnt the wilh1n Separation and Property Settlement Agreement to the Cumberland
County Sheriffs Department u proof that Wife IICknowledges the aforementioned
ttrcanna are permitted to be releaaed to HusbWld,
The partie. further IICknowledlle that the distribution of peroonaJ property herein
described Include. any tools and equipment that Husband previousl)' retained In hls
possession for the operation of a contracting business WId Wife Ihnll mnke no claim of an)'
nature whntllOever relative to any tools thllt nre In HUlband's possesslo'I,
With the ex~ptlon of lhe excllwlge of the within referenced Items of perllOnal
property, the parties acknowledge that the)' have divided tbeir personal property,
Intnngible IInd Intangible, to their mutual sutisfaetlon, The parties further acknowledge
that they hnve the cnsh, accounts, or other tnngible nnd IntWlgible property In their
possession that they wish to hive and neither will make any claim whatsoever against the
other party for any other Items of personal property or assets that are in the other pertles'
possession. This parllgraph il not intended to effect the distribution of marital funds nor
Insurnnce funds as set fllrth and deseribed In pnragraph 3,6 below,
3,4
Life ID.W:llnoe. Each party agrees that the otber party shall have sole
ownership of any life [nsurllJlce policies owned b)' the other party, Each party shall have
the right to borrow allainst, cash in policies, change beneficiaries, and exercise any other
incidents of ownership of the respeetive polleles free of any right or claim by the other
party, Each party agrees to sill" an)' documents necessary to waive, relinquish or transfer
an)' rights in such policies to the respective party who presentl)' owns such poUcie.,
3.S
Bullaequentl" Acquired ProDerty, Husband and Wife agree to waive and
relinquish any and all right that he or she may now have or hereafter acquire In any real or
tangible personal propert)' subsequently acquired b)' the other party. Husband and Wife
specifically agree to waive and relinquish an)' right In wch property that may arise U II
result of the maniage relationship,
J.6
..allltat.t The parties were previously the joint owners of real estate located
at 2130 Walnut 801l0m Rood, Carlisle, Cumberland County, Pel1llJ)'lvlllla, ThIs real
eltate wu II()ld to a thlrll propert)' purclwer lor vlllue on or about January 3 I, 1997.
relUlllngln the net proceeda o/,'IWt:NTY-SIX TIIOUSAND SIX HUNDRED TDRJ.:E
and 7:11100 ($26,603.72) DOLLARS, Contemporaneously with the execution of this
agreement, the putles shall execute the check which II wrinen 011 the ellCrow account of
Allomey Stcphen Co NlJdcl, check lIumber 7790, dated January 31, 1997, In thc above-
referenced wllounl.
In addition, the pllrt!es atC In receipt of a check drawn on tho account of Attorney
Richard C, Ruben in the amount o/'ONE HUNDRED FIFI'EEN and 861100 (SIU5.l6)
DOLLARS drawn on check number 1047, dated MlIIeh 10, 1997, Tills Blllount reOecll
sherin's costs relUnd, Thc eheck Is made payable to .Carol Llndll8Y, Ally, For Todd and
OWla Ilckenrode", This cheek, which has prevlousl)' been endorsed by Attorney Llndlll)',
Wife's prior counsel, shull be lidded to the obove-relerenced IUI1l of TWENTY-SIX
THOUSAND SIX HUNDRED TUrtEE and 72/100 ($26,603.72) DOLLARS and
considered to be the net mnrital assets from the we of the parties' real estate,
The parties acknowledge that there WIIS a delinquent MetEd bill due and owing at
the time of the parties' sepllIotlon, The bllllng for scmees renuerulto the fonner marital
residence is allached hereto and Incorporated herein b)' referenee as Exhibit . A., ThIs
amount shall be paid either direetl)' to MetEd, If the bill remall\ll oU18twtdlng, ur to either
of the parties or 11\)' third party who hIlS compensated MetEd for this bill, upon providing
proof to counsel for HusbWld and Wife that the aforementioned bill has been paid In full
by BIl)' such party,
The balanee of lhe net proeeeds deseribed herein shall then be distributed to the
parties on a SIXTY.FlVE (6S0/0) PERCENT to THIRTY-FIVE (3S.lo) PERCENT
buls, with Wife receiving slxt)'-five (65%) percent of the net sum and Husband receiving
thirty-live (35%) percent, No deductions shall be made from the total net usets before
this percentage dlstrlbullon with the exception of the MetEd bill described herein,
Prior to distribution or Husband's share orthe net proceeds on the slxty.flve (65%)
percent, lhlrty.flve (35%) percellt buls, the debt hereinafter described In Paragraph 5,1
due and owlna to FARMERS TRUST COMPANY or FINANCIAL TRUS1'
CORPORATION shall be paid In full frOI1l Husband's portion orthe net proceeds,
The parties agree that Ihe ehecks referenced above drawn on the account of
Attorney Nudel and Attomey Ruben shall be t.ndorsed as necessary b)' the parties II1d
deposited to the escrow I\.CC(lunt of Attome)' for Wife, Altome)' for Wife Is then
authorized to Issue payment to MetEd, Farmers Trust Company or Flnll1clal Trull
Corporation, and to the parties, pursul\l1tto the directions of thJs paragraph in conjunct/C)'!
with Paragraph ~ ,I.
3.7
l!n.loo. Retlremeot. Profit.8barulIr:. Wife hereby waives, relinquishes
and trl\l1sfers 1lIl)' and aU righI, title and interest she has In Husblllld's pension, profit.
sharing or retirement accounts, as well as 1lIl)' other such accounts that Husband ma)' have
m his individual name or ma)' have been secured through hJs present or prior employment.
Husblllld hereby waives, relinquishes and transfers an)' and all right, thIn and
Interest he has In Wife's pension, profit.sharlng or retirement accounts, as well as an)'
other such accounts that Wife may have in her Individual llJ1Il1e or ma)' have been secured
through her present or prior employment,
3.8
V.hlel... The parties aeknowledge that they have already distributed any
vehicles that were previous I)' In their possession with the exception of a 1995 Ford
EconoUne van, a 16 foot fiberglass boat and a trailer for the boat, whJch are litled In Joint
names, Husband hereby waives, reUnqulshes and transfers an)' WId all right, tille, /lIld
mterest In the 16 foot fiberglass boat and the trailer, Husband shall exec:utc any and all
necessary documents to transfer title of the 16 foot fiberglass boat /lIld the trailer to Wife,
Wife shall be solely and exclusivel)' responsible for an)' and all eneumbrances of any nature
whatsoever on the aforesaid boat and trailer and shall Indemnify Husband accordingly.
Husband shall make no claJl1I fur any interest of an)' nalure whatllOever In the libersJua
bolt and trailer, Any tllIesto the boat and Irlaler shall be e1lecuted b)' Husband to IIItJSIY I
transfer oflhleto Wile whhJnlifteen do)'s of e1lecutlon Oflhls Agreemllllt,
Wllil hereby waives, relinquishes and transfers any and ell right, thle and intereatln
the 1985 Ford Econoline Vln, Wife shall e1lecute an)' and III necessary documents to
transfer title of the van to Husband, HusbaJld shall be solely and e1lcluslvely resporlllble
for any and all encumbraJlces of an)' nutIJre whatllOever on Ihe aforellllld van and shall
IndemnitY Wife accordingly, Wife shall make no chum for any Interesl of an)' nalure
Whalsoever In the von, Any title 10 the van shalllle e1lC'Cuted by Wife to IlIltlsfy a lran&fer
of tide to Husband wfthlnllfteen days ofe1lecutlon of this Agreement,
3.9
rutlu.n.l. P.nouu Property. The plll'ties aeknoWledge their
understanding of WI exJstence of atestwnentnry trust from the Estate of Walter W, Leese
which has provided certain benefits to Husband, Wife waives, relinquishes and tl1lJUfera
an)' and all right, title, WId Inlerest lhllt she would have, legal or equitable, in her own right
or through her mlllTioge to Husband In the aforementioned Trust, Wite shall make no
claim of any narure whatsoever to any benetits that Ill'e due or ma)' be due 10 her through
the alorel11enlloned Trust.
The parties also aeknowledge that there Is a cel1aJn Insurance proceeds check, I
cop)' of whJch i~ attached hereto and incorporated herein b)' reference B5 Exhibit 'B',
drawn on the aeeount of Donegal Mutual IlIsuronce Compan)' anll dockeled B5 check
number OI-T60465 in Ihe amount of ONE THOUSAND ONE HUNDRED SEVENTY.
THREE Ind XX/IOO ($1,173.00) DOLLARS issued Jonuw)' 15, 1997, The parties
acknowledge that this WIIS BlI insurance proeeeds cheek which WB5 issued for damages and
losses which occurred to the panles' formerl)' owned real estate, The parties funher
acknowledge that the attached billings for services rendered b)' thJrd pany purchasers for
repairs that were ncccssuy on the former I11wital residence are fair and equitable billings
for serviees rendered for such repairs, The parties shall cooperate In every respect in
securing are-issued eheck from Donegal MutIJal InsurBllee in lhe same amount as set forth
above, this being an ackJIowledgment that the aforementioned check is more than six
montllJ old and lhatthe check clearly indicates it Is 'void Ifnet presented within 6 muntllJ
from issue dale, H The parties shoJI each aUlhor!le Doneija! Mutua! Insurance Compan)' 10
reissue the check and forwllIded It b)' lIIaJllo eoun~llor Wife who shall then Immediately
notli)' both parties of the fact thatlhe check Is received and both parties, wilhJn ten (10)
days of notice, shall eKllCUle the check lor purposes of depositing the check in the ellCrow
account of Alleme)' for Wlfc, In Ihe evenl either parI)' fails 10 endorse the check within
ten (10) da)'~ ef notice os required herein, euch part)' hereb)' uuthorizes IIIld appclnts
BRADLEY L. GRIFFIE, ESQUlnE, as Power of Attorne)' fer the sole pUrp<l1le ef
CKecutlOIl and endorsement of the aferementloned check; thereby pennJttJng the
endorsement III1d deposit ef the check, 8.'1 wellll5 distribution of Ihe sums WI herelJ'lllfter IlClt
forth,
Allomey for Wife Is the II aUlhorized to lS5ue puyment 10 the third parties who
provided materials or labor for the repair as described In ExhIbit HC" which Is atlached
hereto and Incorporllted herein by reference, In the event thllt HusbOlld or Wife or any
olher third part)' has alread)' compellsated Ihe parties who provided the labor and
malerials, then counsel fllr Wife Is Iluthorlzed to issue checks 10 11I1)' partj' who jjl u i1ded
relmbursemenl to the Ihlrd pnrtles thllt provided labor or IIlBlel: aJ for the r ~pair of the
home following receipt of proof of pa)'ment, The parties otherwill<' acknowlCl(llle that they
have alread)' transferred or otherwise waived rights OIId Interest in the l:oti1llgible perllOnaI
property that the parties held at the time of their sepllIatlen, Including bOllk aecounlS,
credit union accounts 1lIl11 the like, Neither part)' wiU m.ake OIly claim of 11/))' nature
whatsoever against Ihe other relative to financial accounts or other investments or
intangible persona! property that hIlS already been retained by the other party,
ARTICLE IV
ALIMONY. AUMONY PENDENT/; UTE. SPOUSAL SUPPORT.
CHILD SUPPQRT AND MAINTENANCE
4.1
The pnrtles herein acknowledge that at present there Is 11 support order provldJng
for the support of the porties' two ehJldren, name I)', JUSTIN T. ECKENRODE (DOB:
montha old Iind lllat the check clearl)' IndiC4tes it II .void If not prellCnted within 6 monthl
lTorn illue date,' The parties slUlII each authorize Doncgal Mutual Insurance Cornpan)' to
relllue tho chcck and forwarded It b)' mwllo eounlcl for Wife who lhallthen Imllledlltely
notifY both parties of thc fact that thc check II recclved and both partlcl, withIn tcn (10)
da)'1 of nollce, shall eKecule the check for PUrpOllC1 of depoalllny Ille check in the escrow
account of Attomey for Wife, III the evcnt either part)' lillll to cndorllC the eheck wlth.ln
ten (10) days of notice aa required herein, euch pllrt)' hereby authorizcs lUld appoinll
BRADLEY L. GRIFFIE, ESQUlIU:, lIS Power of Atlomey for lho 5010 PUrpollC of
execution and endorllement of the aforementioned check; thercby pennJlllng the
cndorllCment and deposit of the cheek, 03 well BJl distribution of lhe sums lIS hercinaJlcr set
forth,
Attorney lor Wifc is then authorized to Issuc pa)'ment to the third pll/tles who
provided matcdal. or labor for thc rcpair III described in Exhibit 'C. which II atta.ched
hercto and incorpornled herein by reference, In the event that Husband or Wife or allY
olher third pllrty has already cOll1penslltell the portles who provided the labor and
materials, then counsel for Wife Is authorlzell to Issue checks to an)' pllrty who provided
rell1lbursement to the third parties that provided labor or material for the replllr of thc
hOl1le following receipt ofproofofpR)'ment. The parties otherwlllC acknowledge tllatthey
have a1rcody trWlsferred or otherwisc wwvcd righls and Interest in thc Intangible personal
property that the portles held at the time of their separation, Including bank accounts,
credit union uceOUnlS and the like, Neither Pllrt)' will make any c1l1lm of MY MlUre
whatsoever Bglllnst the other relative to finlUlclal accounts or other Investlllenll or
Intangible persollaJ property that hll.$ a1read)' been relnJned b)' the other party,
ARTICLE IV
ALIMONY. ALIMONY PEtiD.I;NTE ~TE. SPOUSAL SUPPORT.
<ll::D SUPPOR.T AND MAINTENANCE
4.1
The parties herein aeknowledge thBt at present there Is a support order providing
for the support of the pBrtles' two ehlldren, name I)', JUSTIN T. ECKENRODE (DOS:
December 26, 19BO) and MEAGAN D. ECKENRODE(DOB: November 9, 19B3),
whlch I. docketed In the Court of Common Plcu of Cumberland County, OomCltlc
Relatlona Section, to DRJ#25,664, and No, BIJ Support 1996, This Property and
Separation Agreement Is not Intended to elfeet the rights, duties and resporulbUltlu set
forth In the aforementioned action and In any present or future support orders that may be
entered through the above-referenced Domestic Rehlllona procetdlng,
U
With the eKceptlon of the child support provlslolll set forth above, the parties
acknowledge that they have each securer! and nl.lllntalned. or through thIs Separation and
Property Settlement are securing and nuuntwnJng a substantial BJld adequate fund with
which to provide themselves sufficient resourees to provide for their comfort, malntelWlC8
and support in the station of life In which they were accustom,
Husband BJld Wife do hereby waive, rclcuse IIJld give up an)' rights that they anay
respectf\JU)' have sgwnst the other for wiman)', a1lmon)' pendente lite, spousal support and
maintenance, except as provided for In Pllfograph 4, I above,
4,3
Husband and Wife speclflcall)' waive, relelUe and give up 811)' rights for a1Jmony,
alimony pendente lite, and spousal support purauant to Chapter 37 of the Domestic
ReI.lIona Code,
ARTICLE V
QCSTS OF THE PARTIES
15,\
The parties acknowledgp. lhat there Is a eertwn defielenc)' judgment that has been
entered against them due to a vehicle loan on a eertaln 1992 Volkswagen which has been
repossessed by Farmers Trust Company or Financial Trust Corporation of One Weat High
Street, Carlisle, Penna)'lvBJlia. The deficiency judgment resulted In a dlatriet juatlce action
initiated through Disuict Iustlce Paula Correal to number CV.QOOOJ02.97, Further the
deficiency judgment reaulta from failure of the llnanc\aJ institution to secure sufficient
aums from repossesalon 10 pay the outstanding loan due and owing on the aforesaid
vehicle In lUll, The IOIl/1 Is relerenced 10 10111 numbcr 50049122, From tile net proceeds
Ihsl Husb/lJ1d Is to receive pursuanl 10 Parallraph 3,6 above, prior 10 dlstrihutlon 10
Husbllld, allomey "ll' WHo Is hereby aUlhori1.ed by bolh parties 10 issue a check 10
fanners Trusl Complln)' or Flnllnclal TIU51 Corpomlloll II) pay In full illY deficiency
Judgmelll re5ultinll frolll Iho aforelllentlolllld Olllolllobile loan and dislrict Jusllce IICtl0n,
This 1ll10unt shall be paid III lUll prior 10 dlslriburlon of the remainlnll nrt portion of
Husband's proceeds II dellCribed in Parugraph 3.6 above,
The partics WISO leknowled!le Ihat frol1l1he totRl nct marital proceeds dellCribcd In
Poragraph 3,6, and as prevlou51)' referellced III Paragraph 3,6 above, the oUlstmdlnll
MelEd bill shall be pold In filii either to MetEd If the bill remains outstanding or 10 WIY
plU1les who provide proof of the fact thlllthe)' hod previou51y pold thc outstandlnll bUlln
lUll,
Thc pOltlcs IUrther acknowledge that Ihey ore not aware of any other oU19tJ1/1dlng
obllgllllons for which the other port)' Is re5ponslble Wid olherwise hereby Indemnifics the
olhcr party olld holds Ihem hannJess frol1l and 0lloJn511111Y I1IId all delllands for payment or
colleellon IIcllvlty o~ Oil)' nature wha150ever relative 10 all)' such debts that may exist
Jolntl)' ogwnst the pwtles but which have not olherwlse bccn Identified herein, The party
who has knowledge of the afort'5aid debt shall Indemnify Wid hold IwmJess the plU1y who
does nol have knowledge of M)' such debt.
5.Z
Each party represents 10 the other that except i\.'l olherwise speclfiCll!l)' sel forth in
this Agreement, and more pllltleularl)' II.'l set forth In subparagraph 5, I wove, there are no
major Ouulwldlng obligations of the pal1les; Ihat since the separation neither party has
eontracled for 111I)' deb15 lor whleh the olher will be respon5ible I1IId each party Indemnifies
and holds harmless the other for all obllgollons separatel)' hlcurred or IUIsumed under this
Agreemenl,
"
ARTICLE VJ
6.l
AU:f.ce or COUDlel. The provisions of this Agreement and their legal etfect
have been fully explained to the pl1l1les b)' their respective counsel, being Bradley L,
Orlffie, ElIljuire for Wife II1d Mark S, Santan~elo, ElIljuire for Husbll1d, The pll1lea
acknowledge that the)' have either reeelved Independent legal advice ITom counael of their
own aelectlon, that tlley fully understand the facts ond have been fully lnformed II to their
legal rights and obligallollA or otherwise understand thoae legal rights and obligatlona.
They aekllowledlle BIld accept that tlus Agreement Is, In the clrcul1llltllnCCS, fair and
equitable, that It Is being enlered Into freely ond voluntarily, after having received such
advice BIld with such knowledge Ihat execution of Ihls Agreement Is not the result of any
duress or undue Influenee, IlOd further that It is nollho result of the coliuslon or Improper
or megol agreement or agreements,
6.1
90uneel Fee.. Eaeh party agrees 10 be responsible for his or her own legal
fees ond expenses, and each pl1l1y hereb)' agrees 10 waive BIlY clolm for oIlmony, oIlmony
pendenle lite, eounsel fees, expenses 01' costs,
6.3
11_" kruutcv. The parties agree lhat any ond all I1nanclol obLigations assumed
herf!n shall not be subject 10 discharge through bankruptcy proceedings, This Includes,
but Is not limited to, oIl11nonclol obligatlon5llssumed under Paragraph 3,6,4,1, ond 5,\ of
this Agreement. In the event either party attempts to avoid financiol obllgatlllllB described
herein through bankruptcy proceedings the other party sholl have on Independent claim
against the part)' claiming bankruplc)' for any and all sums that the olher party BSsumes or
Is required to pay due to the actions of the party claiming banlauptcy, Further, all righlB
available to the other party provided for in Paragraph 6,14 hereinafter shall be available to
the party not filing bankrupt/;)',
6."
WIIft'1IDt1... EAch party reprosentl that they lIavo not hereto fore Incurred or
contracted for lilY debt or lIablllt)' or obligation for which the estate of the other party
IllIY be responalblo or liable, except II may be provided for In this Agreement, Each party
qree. to indemnify or hold the other pllrt)' hannleu from II1d agalmt an)' II1d allauch
debts, liabilities or obligations of every kind, including those for nccesllitles, except for the
obllllltlons arising out of this Agreement, Husband and Wife each warrant , covenant,
represent and agree Ihat each will, now and at all times hereafter, save lwmIeu and keep
the other indemnified from all debts, chatHes and liabilities ineurred b)' the other after tho
execution date of tbls Agreement. except as Is "therwise specifically provided lor by the
tenns of this Agreement and that neither of them hereafter Incur an)' liability whalsoever
for which the estate of the olhel' ma)' be liable,
6.5
No waiver or modUlcatlon of an)' of the teons of Ihls Agreement shall be valid
unlessln writing and signed by both parties and no waiver of any breach hereof or dcfiult
hereunder shall be deemed a waiver of any subsequent default of the wne or s1ml1ar
nature,
6.6
Husband and Wife covelUlllt and agree that Ihe)' will forthwith execute any and all
written instruments, IISsigrunents, releases, satisfactions. deeds, notes or IlUch other
writings lIS may be necessary or desirable for the proper Implementation of this
Agreement, and as their respective coun5elshaJI mutuall)' agree should be 110 executed in
order to carry full)' and effectlvel)' the leons of Ihis Agreement.
6.7
ThIs Agreement shall be construed In accordanee with the laws of the
Commonwealth of Pennsylvania which are in effect as of the date of execution of this
Agreement.
6.1
This Ajroement shall bo bindlnll and Ihalllnuro to tho bonent of tho plll1ies hereto
and their respectlvo heirs, eKeculol'I, IdmlnJatrltorll, IIUcccalOrI and ulllP\l,
6.'
This Ajreement co/1Jltltutea the entire underatandlnll of the partlea and IUpenedOl
any and all prior aareementa and negotlotlona between them, Thero aro no reprellCfllllloM
or wlITantles other than those exprenly llet forth herein,
1l.l0
lev.r.bWt't'. If any term, condition, cloullC. IleCtlOn, or provision of thI.
Ajreement shall be delemlined or declllrw to be void or Invalid in law or otherwise, then
onl)' that term. condition, clause, or provision hall be stricken from thla Agreement, and In
all other respecll, this Agreement shall be valid and conllnue in full force, effect, and
operation, Likewise, the fallure of an)' pllIl)' to meet his or her obllllatlon under anyone
or more of the articles and sccllons herein shall In no wa)' void or alter the remalnlng
obllgatlona of the plll1les,
6.11
It Is speclficall)' understood I1I1d agreed that thla Agreement co/1JltlLUtea an
equitable distribution of propert)', both real I1I1d personal, which wu legally and
benelieiall)' acquired b)' Husband and Wife, or either of them, during the mamllle u
contemplated b)' the Divorce Code of the Commonwealth ofPeMsylvanla,
6.12
Dlaclo.ure. The panies each warrant and represent to lbe other that he or she
has made a full and complete disclosure to the other of all usets of an)' nature whatsoever
in which party has an Interest, of the sources, and amount of the income of such party of
every type whatllOever, and all other facts relating to the subject malleI' of this Agreement.
6.13
EJJlQrce.bU1ty .~d Conllderat1oD. This Agreement shall survive an)'
action for divorce and decree of divorce and shall forever be binding and conclusive on the
parties; and I1I1Y Independent action may be brought. either at law or in equity, to enforce
the terms of the Agreement b)' either Husband or Wife until It sha1I have been fully
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EXHIBIT B
'1'000 c. ~:CKE;NIWn,",
1'1aintJ.ff
VS.
DANA C. ECKENRODE,
Defendant
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IN "111; COUIl'I' Of' COHHON PLI;M1
CUMDEnLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 96-4353
CIVIL Tf:RH
PRAeCIPE TO TRANSMIT RHCORD
To the ProthonoterYI
Transmit the record, together with the following information to
the court for entry of a divoroe deoreel
1. Ground for divorcel irretrievable breakdown under 53301(01
>aoIJCldlI:t:l.*xof the! Divoroe Code. (St dke ou t inapplioable sucHL/n).
i. Date and manner of service of the complaintl ~ hand-
delivered to Defendant on Auoust 1, 1996 at the Cumberlard County
-- - Courtn.2!H!!L__.
3. Cump10te either pat"agrllph (al .:Ir (bl.
(a) Date of exeoution of the affidavit of consent required
by 53301(c) of the Divorce Codet by plaintiff 10/7/']7
by defendant ..J..W/97
(b)(l) Date of execution of
of the Divorce Codel t-i/A
service of the plainti.ff's affidtlVit
4. Related olaima pend.ingl
None
the affidavit required by ~330L(dl
f (") Date of filing and
upon the r.:!opondent I I'll A
5. Complete either (II) or (b).
(a) Dllte and manner of serv1ce of the not ioe of intent ion to
fUe praecipe to trllnamit rl!cord. a copy of whioh ilS attllched:
N/A
(b) Date plllintlff' u Waiver of No~ice in 53301(0) Divoroe was
fUed with the Prothonotary: 10/23/97
Date defendant'u Waiver of Notice in 53301(0) Divoroe was
fUed with the Prothonotary: 10/23/97
(Defendllnt)
Esqu i re
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A,lIJjyOlct C.",pl..~ Du.
08101/96 22e AM
TT
.
Melli 5, 5Bl1lung.lo, Eaq 10 .30el\(\
Santangelo Law Office
1 e03 5unael Olive, 5'JII. ~B, Pollalown, PA IS464.1lO23
(610) 321.6688 FII~ (610) 327-6701 Emili: mar1lunlConlll1al
Attorney for PI.lntlff
Todd C, Eckenrode
PI.lntlH
Court of Common Pie..
Cumberland County, PA
VI,
No. 96-
Dlna C. Eckenrode
Defendant
Divorce
Divorce Complaint
Undtr 133011cllndlor 113301hll 01 Ihl Dlvorcl Codl
Count I
Qlvorce
1, The Plaintiff is Todd C. Eckenrodll[Husband/Fsthst], an edult Individual who
resides at 2130 Walnut Bollom Road, Carllsla, Cumberland County,
Pennsylvania,
2, The Defendant Is Dena C, Eckenrode {Wlfs/Mothet], an adult Individual who
resides at 662 Alexander Spring Road, Carlisle, Cumberland County,
Pennsylvania,
3, Husband and Wife hava been bona fide residents of the Commonwealth of
Pennsylvania for at least six months Immediately prtor to the filing of this
Complaint.
4. Husbsnd and Wife were married on May 26, 1979 at Carlisle, Cumberland
County, PA
5, There have been no prior actions of divorce or for annulment between Husband
and Wife,
6. The marriage is irretrievably broken,
7, Husbsnd and Wife separated on July 16, 1996 and will et some time In the future
have continuad to live separate and apart for a period of at least two (2) years,
6, Husbsnd has been advised of the availability of Counseling, and that Husband
may have the right to request the Court to require the parties to participate In
counseling,
Slnllngelo Law Office
2
w. use only recycled peper
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AIOlvOl.. Com/ll.." 0<1.
'08/01100 2211 AM
9. Wife Is nolln the Military or Nallal Service of the United Slates or Its Allies, or
otherwise within the provlelons of the Soldiers' and Sailors' CIIIII Relief Act of
Congress of 1940 as amended,
10. Wife wos born on January 13, 1961, 16 35 years old IiInd Is employed HI 8
teacher's aide by the Carlisle Area School District,
WHEREFORE, Husband rflquests the Court to enter a Decree of Divorce,
13.
14.
15.
16.
17.
Count II
~
11.
12.
Paragraphs 1 through 10 are Incorporated by referenee.
The parties are the natural parents of the following minor children:
Justin T. Eckenrode (DOB: 12/26/80) Age HI
Megen D. Eckenrode (DOB: 11/9/83) Age 12
The children wera not born out of wedlock.
As of July 31, 1996, the children were In the custody of Father, who lilies with
only the children,
During the pafiit five years, the children have resided with the following persons
and at the following addresses:
Addrellles
2130 Walnut Bottom Rd,Carllsle
2130 Walnut Bottom Rd.,Carllele
1816 Walnut Bottom Rd.Carlisle
662 Alexander Spnng Rd).Carllele
2130 Walnut Bottom Rd,l;arllsle
662 Alaxander Sprllng Rd, Carlisle
Persons
Fa/her. Mo/her, Children
Fa/he/' & Children
Mot/leI' 8. Peternal Grandparents
Mother. Eric 8. Hope Comeau
Father
Mot/leI' 8. Children & Comeau's
Dates
1984 - 7/16/96
7/16/96 - 7/31/96
7/16/96 - 7/29/96
7/29/96 - 7/31/96
8/1/96 - present
811/96 . present
Father and Mother halle not participated as a party or witness, or In another
capacity. In other litigation concerning tile custody of the children In any Court
and have no Information of any pending cuslody proceeding concerning the
children, Note that Custody was temporarily awarded to Mother pursuant to the
ex parte Temporary Order dated July 31. 1996 In PFA Action #96-4309,
scheduled for Hearing on August 1, 1996.
The best Interest and permanent welfare of the children will be best served by
granting legal and primary physical custody to Father, subject to supervised
partial custody rights of Mother following psychologleel evaluation, for the
following reasons, Including:
a) Mother Is suicidal, having attempted suicide on at least 2 occasions
previously
b) Mother suffers from extreme depression and other psychological disorders
.
S~ntangelo Lew Oltice
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'l'ODI,'! C. /SCHBNRODB, , IN 'l'HB counT OF COHMON PLSAS OF
PlaintUt , CUN8SRLANDCOUNTY, PSNNSYLVANIA
,
v. , CIVIL ACTION ~ LAW
,
DANA C. ECKSNRODS, , NO. 96 ~ 4353 CIVIL TERN
Defendant I
I CIVIL ACTION ~ CUSTODY
. I ( COUR~t ~~DER~. .
AND NOW, this ~_ day of _ ') ,,' f' r U'I~NL'/\ _, 1996, upon
consideration of the attached Cuatod} Conoiliation Report, it is
ordered and diraoted as followsl
1, The Fatller, ~'odd C. Eckenrode, and the Hother, Dana C.
Eokenrode, sllall enjoy sllared legal custody of Justin '1'.
Eokenrode, born December. 26, 1980 and Megan D. Eckenrode, born
November 9, 1983.
2. During tile /lC/lOOl year, the MothfJr shall enjoy primary
physioal custody of the minor ch.ildren. During tllat timer
Fatller sllall enjoy liberal periods of physioal oustody with
the minor children as agreed upon by tile parties.
3, This is a ten~orary order entered with the understanding that
the parties are currently in negotiations on tha formation of
a permanent custody order. In the event the parties are
unable to reach an agreement on a permanent oustody order,
either party may petition the Court to have the case again
soheduled for a conference with the Custody Conciliator.
By the Court,
CCI
Nark S. Santangelo, Esquire ('.>>el...... (},,,,.J,',,(
Carol J. Lindsay, ~squire - v
?/I,/'lt: .
.><\,f,
'rODD C, lfCUNROD', I IN 'I'HB COURT 01' CONNON PLIAS 01'
PlaJ.nt:J.tt I CUHBIRLAND COUN'I'Y, PINNSYLVANIA
I
1/'. I CIVIL ACTION - LAW
I
DANA C. ICICIJNRODB, I NO. 96 - 4353 CIVIL TERM
Detendant I
I CIVIL AC1'ION - CUSTODY
PRIOR JUDGB I
PRESIDENT JUDGE HAROLD E. SIfEELY
r;QNCILIA'l'ION CONFERENCE JiJJMMARY REI'ORX
IN ACCORDANCE WITIf CUMBERLAND COUNTY CIVIL RULE OF PROCIJDURIJ
J915.3-l/tb), the underBigned CUBtody Conciliator submit" the
following report I
1. The information pertaining to the children who are subjeot of
thill litigation ia aB followsl
Justin '1'. Eokenrode, born December 26, 1980
Megan D. Eckenrode, born November 9, 1983
2. A Conciliation Conference waB held on AuguBt 23, 1996, with
the following individualB in attendancel
The Mother, Dana C. Eckenrode and her cOllnael, Carol LindBay.
The Father did not Bppear, 1I0r did hiB attorney. Attorney
Lindllay indicated that she and the E'ather' a counBel have been
in communication relative to an agreoment and that they ahould
be able to work out the specificB on an agreement within the
near future. At torney Lindsay further indicated that the
agreement between the partieB which is to be Bolidified would
provide for the Mother to have primary cUBtody during the
school year, with Fa ther en} oy ing liberal periods of temporary
phYlllcal custody.
3. The Conciliator recommendB an ardor in the form aB attached.
9/v/ f( y
Date
111111 i'llliJ~
'rODD C. BCKBNRODB/ I IN TNB COURT OF COHMON PLSAS OF
Plaintiff I CUHBSRLAND COUNTY, PBNNSYLVANIII
I
v. I CIVIL /lC'l'ION - LAW
I
DANA C. SCKBNRODF:, I NO. 96 - 4353 CIVIL TBRN
Defendant I
I CIVIL /lCTION - CUSTODY
CQ1J.RT ORDER
./11{ I
AND NOW, this day of ," I \ I
aonsideration of the attached Custody Conciliation
ordered and direoted as followsl
, 1996/ upon
Report, it is
1. This Court's prior order of Septomber 6, 1996 ill vacated.
2. The parties shall submi t thomsel ves and the minor o/J1ldren to
an evaluation performed by a professional. The professional
IIhall be agreed upon by oounsel lor the partios. In the event
oouns.l are unable to agree upon the professiollal, oounsel
should oontact the Conoiliator and the Conciliator may present
an order to the Court with respect to designation of a
proles,donlll to purform II ouatod,y evaluation. 'I'h.is shall be
independent evaluat.ion, and the evaluator shall share the
results of the evaluation with counsel for both parties. 7'he
parties and the minor children shall all be involved in the
evaluation. Costs of the evaluation ;;Ihall be paid lor by the
Father, Todd C. Eckenrode. I/owever., the Father reserves the
right to petition this court either in the custody aotion or
in any economic distribution action of tile divorce oase
between the parties for reimbursement or set-off relative to
oosts he pays for a oustody evaluation.
3. Upon the oonclusion ol the above-mentioned evaluation, and il
at that time the parties are unllble to reach an agreement on
a permanent custody order, oounsel lor ei ther party may
oontaot the Custody Conciliator to schedule another
conference. The Conciliator may oonduct a telephone
conlerence at that time to expedite the scheduling of this
case for II hearing.
4. Pending furt/ler order of this Court, the following tempol:ary
oustody order is enteredl
A. The Father, Todd C. Eckenrode, shall enjoy physical
oustody of the minor children, Justin '1'. Eckenrode, born
December 26, 1980 and Megan D. Eckenrode, born November
9, 1983 on alternating weekends from Friday when the
children are released from sohool until Monday morning
when he shall return the children to school. On those
Mondays that the children do not have school, Father
shall continue to enjoy custody on Monday and return the
children on Tuesday morning. Additionally, Father shall
'l'O"D C. ICKINRODII, I IN 'l'HI COUR'l' OF CONNON PLIAS OF
Pldntilt I CUHURLAND COUN'l'Y, PSNNSYLVANIA
I
v. I CIVIL AC'l'ION . LAW
I
DANA C. SCKSNRODB, I NO. 96 - 4353 CIVIL TBRH
Defendant I
I CIVIL AC'l'ION . CUS'l'ODY
PRIOR JUDGS I
PRESIDENT JUDGE HAROLD E. SHEELY
CONCILIATION CO~~ERENCR SUMMARY REPOR'l'
IN ACCORDANCE WITH CUMBERLAND COUN'l'Y CIVIL RULE OF PROCBDURB
1915.3-8(b), the undersigned Custody Conoiliator submits the
following report'
1. The information pertaining to the ohild who is subjeot of thi"
litigation ill as follows,
Ju"tin '1'. Eokenrode, born December 26, 1980
Megan D. Eokenrode, born November 9, 1983
2. A Conoiliation Conferenoe waB held on Ootober 1, 1996.
Present were the Mother, Dana C. Eokenrode, with her aounsel,
Carol LindBay, EBquire, and the Father, Todd C. Eokenrode,
with his oounsel, Mark S. Santangelo, Esquire.
3. There was a prior order entered in thls case on September 6,
1996 after a conciliation conference, at which time only the
Mother and her counsel were present. Through miBcommunioation
between attorneys, there was a misunderstanding relative to
whether the f'ather and his attorney were required at that:
conference. Accordingly, thu prior order should be vacated
subject to entry of an amended order, and any suggestion ,in
the prior order relative to which party should have primary
custody should not be considered by the court.
4. Although there has been a good deal of negotiations between
the parties, the parties are currently at odds with respect to
which parent should have primary custody. Tile parties
separated in July of this year. Initially, the Father stayed
in the marital home and maintained custody of the two minor
children. The Mother then obtained on August 1, 1996 a
Protection From Abuse order which was entered by consent of
the Father without any admission by the Father of any abusive
behavior. In the PFA order, the Mother was awarded exclusive
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1\IlIAVIIIIIIICI<JINAODIWPWlon Fill Cuo1O<1y li..,lng 01",
(~J i~i n~~.~
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A
MOlk S, Sonlonijultl, F.III.1.0,IUO&60
Santangelo Law Office
1&03 Sunul Olive, Suite 40, Poltstown, PA 19404.&023
(010) 327.S0S6 Fo~: (010) 327.0701 l!11101l: I11I,k.."t@onllnet
Attorney for Plalnllff
Todd C, Eckenrode
Plaintiff
cc fl,clv,P. 191&, 1&
Court of Common PleDs
Cumberland County, PA
VI,
No, 96-4363
0lln8 C, Ecllenrode
Defendant
Divorce ICu stody /Vlsllo lion
Order of Court
AND NOW, August.1.1-., 1996, upon consideration of the attached
Divorce Complaint, Count II - Custody, Illj heroby directed that the parties and their
respecllve counsel aF.p,~~r bef~ l.17 ~ 1.,,, \; "I (,,, \ the conciliator, at
Lf' 11\\." l..",~(" on the .l.1tfi~}" ay of ~. ;I~.".J, 1996 at
-1Jl;..\D_n In" for a Pre-Hearing Custody Conference, At such conference, an
effort will be made to resolve the Issues In dlsputa; or If tills cannot bo accomplished, to
define and narrow the Issues to be heard by tile Court, and to enter Into a Temporary
Order. All children age five or older may also be present at the conference, Failure to
appear at the Conference InI3Y provldo grounds for entry of a temporary or permanent
Order.
FOR THE COURT,
:2L.l!ul J~. /"Ltffi { :'0; .
Custody Conciliator r~1
The Court or Common Ploas of Cumberland County is required by Inw to comply wllh tho Amerlcllns with
Disabilities Act or 1990, For InformAtion About accesslulo facillllob and reAsonoblo Accoml11odatlons
Bwlleble to dlsobled Individuals ha>Ang business beforo tile Courl. ploGse contoct our ofOce, All
arrangemonts must bo mode at leAst 72 hours prior to any hemlng or business before the COUll. You must
attend Iho scheduled conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONEM, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
orflce of the Court Administrator
Courthouse, 4" Floor
Carlisle, PA 17013
(717) 240-6200
a'Atongelo Law ornee
2
We use only re.ycled poper
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'Y'
06/01/00 2211 AM
A,\DlvOlO. COlnpl..~.D.o
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A
Mark S 5allterlgelo, Esq 10 JJ30eOO
Santangelo Law Office
le03 GUillet Onve. Sulle4s, POtlstOWIl, PA 194e4.1I023
(610) 327.0006 Fax (610) 327.6701 Emllll1lsrkllnlilllonUl\st
Attorney for Plllntlff
Todd C, Eckenrode
Plllntlff
Court of Common Pleal
Cumberllnd County, PA
III,
No, 96- '15'<;}
Dana C, Eckenrode
Defendant
Dlvorcll
Notice to Defend and Claim Rights
You have been sU'ild In Court, If you wish to defend against the claim set forth In
the following pages, you must take prompt acllon, You arll warned that If you fall to do so,
the case may proceed without you and a Decree of Divorce or Annulment may be entered
egalnst you by the Court, A Judgmant may also be entered against you for any other claim
or relief requested In these papers by the Plalnllff. You may lose money or property or
rights Important to you, Including custody or vlsltallon of your children.
When the ground for 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 et the following address:
Cumberland County Courthouse
Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
nlU COpy FROM RECORD Court Administrator
1 I h I I he Oto set my tland Cumberland Count.y Courthouse
10 est m ny w eroo , re U Fourth Floor
1':<1111(, alot nald Court at Carlisle, ~a. Carlisle PA 17013
11115 \~cj.ay "ol.-~' r1)9 l, (717) 240-6200
v) \ Y\.G~~\tIV\ ' "/,,
, .
Prolhonotary
Ssntangelo Law Office
We ule only recycled peper
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08101196 2 211 AM
TT
.
MBr1< S S8nlangelo, Eaq 101130600
Santangelo Law Office
11103 Sunset Oliva, Bulla Aa, Pollalown, PA 19A64.6023
(1310) 327.0660 Fox (I3W) 327.8701 I:I11allll1elkti8nlConll nit
Attorney for Plaintiff
Todd C, Eckenrode
Plaintiff
Court of Common Ple.1
Cumberland County, PA
VI,
")." ...,
No, 96- "I> L);J
Dlna C. Eckenrode
Defendant
Divorce
Divorce Complaint
Under 133011cllnd/or !I3301ldl of l/1e Divorce Oodl
Count I
Qlvorce
1. The Plaintiff Is Todd C, Eckenrode [HusbBl1d/Fafhell, an adult Indlllldual who
resides at 2130 Walnut Boltom Road, Carlisle, Cumberland County,
Pennsylllanla,
2. The Defendant Is D8n8 C. Eckenrode (Wlfe/Mo/hell, a,' adult Indlllldual who
resides at 662 Alexander Spring ROQd, Carlisle, Cumbarland County,
Pennsylvania,
3. Husband and Wife have been bona fide residents of the Commonwealth of
Pennsylllanla for at least six months Immediately prior to tha filing of this
Complaint.
4. Husband and Wife wera married on May 26, 1979 at Carlisle, Cumberland
County, PA
6. There have been no prior actions of divorce or for annulment betwaen Husband
and Wife ,
6, The marriage is irretrievably broken,
7. Husband 811d Wire separated on July 16, 1996 and will at some time In the future
have continued to live separate and apart for a period of at least two (2) years.
8, Husband has been advised of the availability of Counseling, and that Husband
may have the right to request the Court to require the parties to participate In
counseling,
Santengelo Law Office
2
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17,
08/01100 2 26 AM
9, Wlfo Is nolln the MIlitary or Naval Servlcll of the United States or Its Allies, or
otherwise within the provisions of the Soldiers' end Sailors' Civil Relief Act of
Congress of 1940 as amended
10, Wife Was born on January 13, 19G 1, Is 36 years old and Is employed as a
teacher's aide by the Carlisle Area Scllool DistriCt.
WHEREFORE, Husband requests the Court to enter a Decree 01 Divorce,
Count II
~
11.
12,
Parragniphs 1 through 10 are 1I1COrfJOrBled by reference,
The parties are the natural parents of tile following minor children:
JUltln T. Eckonrode (DOB: 12/26/80) Age 15
Megan 0, Eckenrode (DOB: 11/9183) Ago 12
The children were 110t born out of wedlock,
As of July 31, 1996, the children were In the custody of Father, who lilies with
only the children.
During the past five years, the children have resided with the follOWing parsons
and at the follOWing addresses:
Addrel8el
2130 Walnut Bottom Hd,Carllsle
2130 Walnut Bottom Rd ,Carlisle
1818 Walnut Bottom Rd.,Carliale
662 Alexander Spring Rd ,Carlisle
2130 Walnut Bottom Rd ,Carllslll
662 Alexander Spnlng Rd, Carlisle
13,
14,
15.
fenlonl
FailleI', MoIIJer, Chlldran
Felller & Children
Mo/her & Pelernal Grandparenls
Mother, Enc & Hope Comeau
Falher
Mother & Children & Comeau's
I2.I1u
1984 . 7/16/96
7/16/96.7/31/96
7/16/96 . 7/29/96
7/29/96 . 7/31/96
6/1196 - prasem
8/1/96 - present
16.
Father Bnd Mother have not participated as a party or witness, or In another
capacity, In other litigation concerning the custody of tile children In i1ny Court
and halle no Information of any pending custody proceeding concerning the
children. Note that Custody was temporarily awarded to Mother pursuant to tha
ex parle Temporary Order dated July 31, 1996 In PFA Action #96-4309,
sr:heduled for Hearing on August 1, 1996.
The best Interest and permanent welfare of the children will be best served by
granting legal and primary physical custody to Fel/Jer, subject to supervised
partial custody rights of Mother following psychological evaluation, for the
following reasons, Including:
a) Mother Is suicidal, having attempted suicide on at least 2 occasions
previously
b) Mother suffers from extreme depression and other psychological disorders
Santangelo Law Office
3
We use only recycled paper
.'\
A.\Dtv.... Cnll1/lltlnt 000
06101/98 2 2~ AM
Verlflcltlon
I lIerl/)' that the statements In the Divorce Complaint above ere lrue end correct
to tho belt of my knowledge and Information. I understand that falae statements In this
document ere made subject 10 the penalties of 18 Pa,C.S,64904 relating to unsworn
falslfioatlon to authorities.
August 1, 1996
/;/
TOdd C. Eckenrode, Plaintiff
,Ii
I'
,I
Santangelo Law OItlce
~
We use only recycled paper
APR 2 U 1997tY
'l'ODD C. BCKSNRODB,
Pl.intiU
"
DANA C. BCKSNRODB,
Defend,nt
, IN THS COURT 01" COMMON PLSAS OF
'CUMBERLAND COUNTY, PRNNSfLVANIA
,
'CIVIL ACTION - LAW
,
'NO' 96-4353
, IN CUS'l'ODY
( (I COURT ORDllR
AND NOW, thill II( I' dllY ol I-I\("-()/ , 1997, upon
oonsider,tion ol ~tllohed cUlltody corl,ililltion Report, it ill
ordered ,nd directed all lollowII'
1.
A hellr ing IIh,11 be lIolleduled .in the IIbove Olllle on Mond,y, June
9, 1997, ,t 9,00 A.M. in Court Roam No.1 of the cumberlllnd
County Courthousa ,t Cllrlillle, Pennaylvllni/l. At thill/lellrlng,
the Fllther, Todd C. Eokenrode, IIhllll be the moving pllrty IInd
sh,ll proceed initllllly with telltlmony. Coun/fel for the
parties ,hllll ll1e witll the Court IInd opposing ooun/fel II
mllmor.ndum Betting lorth tile hi/ftory ol oustody in this oll/fe(
the i/fllues currently before the Court, the wltnesse/f eaoh
party wll1 call to testify IInd II lIunmluy ol the anticipated
t8lltimony o{ eiJoh witness. 'l'hill memorandum IIh411 be filed lit
leut live dllYII prior to the hearing date above.
Pending further Order of thill Court, this Court '8 prior Order
of Ootober 7, 1996 on Cuntody IIhall remain in plllce lIubjeot to
the following modllioation I
A. The Mother shllll have oUlltody of the children em Mother'lI
Day from 9,00 A.M. until 5100 P.M. IInd the Fllther /fhllll
have custody of the children on Fllther' II Day from 9,00
A.M. until 5100 P.M. Thi/f provision IIhall /fupersode any
other provision of the Custody Order. The parti8/f may
ohange their soheduled alternating weekend of oustody to
provide tor these holidays to fall on tha t pllrent' s
weekend. However, absent lIuch /I ohange, the Mother'lI Day
IInd ',ther', OilY holidllY will be handled /IS above.
2.
.~
. J.
, P.J.
00'
Bradley L. Griffie, B"quire_
Harle S. Santangelo, Bsquir.1I
C' ..tt>'" '" rI1LA...t'.,( .~115191.
oJ fl.
2'ODD C. ICKBNROfJII,
Plaintitt
V
'IN THI COURT OF CONNON PLIAS OF
,CUMBlfRLAND COUNTY, PBNNSYLVANIA
,
'CIVIL ACTION - LAW
,
'NO, 96-4353
, IN CUSTODY
DANA C. ICKSNRODB,
Defendant
Prior Judgu,
Harold E. Sheely, P.J.
CONCILIATION CONI'IJRIlNCII 6UMHA.RY lUlPOR'l'
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULB OF pnOCBDURB
J9J5.3-8(b), the undersign~d Custody Conciliator submit. the
following report'
J. The pertinent intormoltion pertaining to the ohildren who are
the subjeot of this litigation is as tollows,
Justin T. Eckenrode, born Deoember 26, J980 and Megan D.
Eokenrode, born November 9, 1983.
2. A Conoiliation Conferenoe was held on April 24, 1997, with the
following individuals in attendanoe,
The Mother, Dana C. Eokenrode, with her counsel, Bradley L.
Griffie, Esquire, and the Father, Todd C. Eokenrode, with his
oounsel, Mark S. Santangelo, Esquire.
The parties were before the Conoiliator in September of 1996.
At that time, the parties agreed to undergo a custody
evaluation. The results of the evaluation were Buch that it
reoommended Mother continue with primary physioal custody
during the school year and Father have a majority of the
sununer.
3.
4. The existing Cuetody Order provides for the Mother having
primary physioal oustody with the Father having a.lternating
weekends and a Wednesday evening.
5. The Father is asserting that he should be the primary
oustodian in light of the ohi.ldren' s stated preferenoe to live
with him. The Father argues that the custody evaluation
verified that tha children desire to live with the Father as
the primary custodian.
6. The Mother desires to continue with the existing custody
situation. She asserts that she provides a better environment
for the children.
7. Each party has a variety of issues that they may want to raise
at a hearing in support of their olaims for primary custody.
,
)
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
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Juno 9, J 997
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The Honorable Harold E, Sheely
411I Floor, Judges' Chambers
Cumberland Coun~y Courthouse
Carlisle, PA 17013
q~ - tf3~ l J
tl VI ~
IlE: Eckenrode V6. Eckenrode
Dear Judge Sheely:
,,.
,
I,
Please be advised that the paliles hllw reached nn al!rcement In the above
captioned action and. therefore, the hearlnll 6cheduled for today 16 unnecessary. This Is to
connrm the prior tclephonc COllvcr5lltlonl hlld with your stall'lllst week hldlclltlng that the
\)carinI! would not be neccssary.
We antlclpatc bcln!! ablc to documr:l1t the n!!reClllellt within the ne~t week or so
and, therelore, should submit a Stipulation and propll6ed Order to you within that time
frame.
Your courtesy Bnd allentlon In this malleI' are appreciated
BLO/~g
cc: Dllfla C. Eckenrode
Mark S. Santangelo, Esquire
(via facslmUe)
. ,
r
APR 2 D 1997tf
TODD C. ECKENRODE,
Plaintiff
V
DANA C. ECKENRODE,
Detendant
IIN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INOI 96-4353
IIN CUSTODY
COURT ORDER
AND NOW, thi" J'i:t.fl. day of '-:n1~ , J99." upon
con"ideration of 1'"/ieattached cu"tOC1y Cond'iliation Report, it ill
ordered and directed 055 followSI
2.
1.
A hearing "hall be scheduled in the above case on Monday, June
9, 1997, at 9100 A.H. in Court Room No. J of the Cumberland
County Courthouse at Carl1s1a, Pennsyl vania. At this h8llring,
the Father, Todd C. Eckenrode, shall be the moving party and
shall proceed initially with tutimony. CounBel for the
parties shall file with the Court and opposing counsel a
memorandum setting forth the history of cUBtody in this ca"e/
the iflsues current ly before the Court, the witnesses ellcn
pllrty will call to testify and a summary of. ~h. anticipated
testimony of each witness. This memorandum shall be filed at
least five days prior to the hearing date above.
Pending further Order of this Cour.t, this Court' B prior Order
of October 7, 1996 on Custody shall remain in place "ubject to
the following modificlltionl
A. The Mother shall hllve custody of the children on Mother's
Day from 9tOO A.H. until 5100 P.M. IInd the Fllther shall
hllve cUBtody of the children on FII the:" III Day from 9 tOO
A.M. until 5 tOO P.M. Thi5 provision shllll Bupersede IIny
other provision of the Custody Order. The partieB may
change their scheduled alternating weekend of custody to
provide for these holidays to fall on that parent' s
weekend. However, absent Buch II change, the Mother's Day
and Father's Day holiday will be handled as above.
BY THE COURT,
/:jo'&E~1he~ly~1J R J.
CCI Bradley L. Griftie, Esquire
Hark S. Santangelo, Esquire
nUE COpy FROM RECORD
In r',:1 r""'~'1 '.'1""1 ;~f, I h;,re unto ',., my hand
end IhJ I.a/ of said Court al Carlisle Pa
~ I ,
This IS.. '. day ofd:>)(f. ", 19J,?~
_...,....~f~ft..pl;~try~
~
TODD C. BCUNRODB,
Plaintiff
V
DANA C. BCKBNRODB,
Def.ndant
'IN THB COUR'1' OF COHMON PLBAS 01'
,CUMBBRLAND COUNT'l, PBNNSrLVANIA
,
'CIVIL ACTION - LAW
,
,NO' 96-4353
'IN CUSTODY
Prior Judger
Harold B. Sheely, P.J.
CONCILIA'l'ION CONl'llRlINCJ1 SrJM!o1ARlf JUlPOR'l'
IN ACCORDANCB WITH '1'HB CUMBERLAND COUN'l'Y CIVIL RULE 01' PROCBDURE
1915.3-8(b), the undersigned Custody Conoiliator submits the
following report I
1. 'l'he pertinent information pertaining to the children who are
the lubjeot of thil litigation is as followsl
Justin '1'. EckenL'ode, born December 26, 1980 and Megan D.
Eokenrode, born November 9, 1983.
2. A Conciliation Conference was held on April 24, 1997, with the
foll.owing ind,LvidualB in attendanoel
'l'he Hother, Dana C. Eokenrode, with her oounsel, Bradley L.
Griffie, Bsquire, and the Father, '1'odd C. Eokenrode, with his
counsel, Mar.k S. Santangelo, Esquire.
'l'he parties were before the Conciliator in September of 1996.
At that time, the parties agt'eed to undergo a oustody
evaluation. 'l'he result.s of the evalultion were such that it
reoommended Hother continue with p1'1mary physical custody
during the school year and Father have a majority of the
summer.
3.
4. 'l'he existing Custody Order provides for the Mother having
primary physical oustody with the Father having al ternating
weekends and a Wednesday evening.
S. 'l'he Father is 4/furting that he should be the primary
custodian in light of the children's stated preference to live
with him. The Father argues that the oustody evaluation
veritiad that the children desire to live with the Father as
the primary custodian.
6. 'l'he Mother desires to continue with the existing custody
situation. She alserts that she provides a better environment
for the ohildren.
7. Eaoh party has a variety of issues that they may want to raise
at a hearing in support of their claims for primary custody.
VI,
~~ U l.l
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - CUSTODY
: NO, 96-439 CIVIL TERM
. IN CUSTODY
,,/ l:j:j/
TODD C, ECKENRODE,
Plaintiff
"
I,
DANA C, ECKENRODE,
Defendlllt
ORDER OF COU RT
AND NOW, this .J.K iIh day of d diJ" r/l . 1997, upon prelOntatlon
IIld conslderatioll of the within Al.\reement, the Agreement Is hereby AFFIRMED u an
Order of Court and all prior Orders entered in this mailer are hereby vacated.
BY THE COURT.
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prior to the declllon bclnll Implelllcnlcd, Neither parcnt Iholl makc unilateral
declaionl rCllardlnlllhc chlldrencKCOlllIn thu cuau ofl1\odlcul elllorlluncy.
2, Mother Ih.1l havo primary phyalcol custody of the children.
), Father sholl havCl perioda oftemporory or portlol physlcol custody of tho children
on the lollowlnll schodule:
a) Every other wcekend 11'011\ Friduy when the children orc dlsmllled fTom
chlldl'en school until Monday 11\0/11lnll when the children return to school. In
IIddltlon durlnllthele weekends, If the children hove II regularly scheduled Mondoy
oft'lTom schoollhot coincides with Fllther's weekend, Father sholl retain phyalcal
custody of the children until Tuesday mornlnll when he returns Ihe children to
school; and
b) Every Wednesday evenlnll Irom when the children are dlsmlslied !'rom
school un11l8:30 p.llI; and
c) At other times as Ihe parties may mutually allree
4. The parties shall sit ern ate physical custody of the children on the followlnll
holidays: New Years Day, President's Doy, Memorial Day, the 4th of July, and
Labor Day. In odd numbered yeors, Mother sholl have the children on President's
Day and the 4th of July, and Father shall have the children on New Years Day,
Memorial Day, and Lllbor DIY, In even numbered yeors, Mother shall have the
children on New Years Day, Memorial Day, and Labor Day, and Father shall the
children on President's Day and the 4th of July, If the porent who Is to have the
holiday as described herein has physical custody of the children on the day before
Ihe holiday, that parent shall simply retain physical custody of the children through
Ih~ holiday unlll 7:00 11.111 on Ihe holiday. The pllrllllN shalllhen relurn 10 Ihe
nonllal schedule of physical custody as otherwise demlbed herein. If Ihe parenl
who Is to IlBve Ihe holldllY does not hllve physlclI) clJNIody of the children Ihe
evenln~ before Ihe holldllY, then Ihlll pllrenl shllll secure physlclIl custody of Ihe
children at 9:00 a.1ll on Ihe holldllY IInd relllln cusludy until 7:00 pfll, when Ihe
parties shoJi return to Ihe norfllal schedule of physical cuslody as otherwise
described herein
5. The pllrlle5 shall shure Inlhe ElIster ,md Thllnhglvinl! school breuks by IIlternlllln~
Ihose breaks ellch yellr During the ewn nUlllben:d yellrs. Mothel' sholl Imve
physlcol custody of the children on ElIslel' 1i'<1IIl uller schoul on Ihe 1051 day of
'school pl'lor 10 EIISler unlilllOO pill 11Il the 11151 dllY of the [~lIstel' bn:ak prior 10
school beglnnlnl!. Fllther shllll hllve Ihls period In odd Ilumbered years, In odd
numbered yeol's, MI)thel' sllllll hllvc the chlldl'enl<lI' the Thllnksglvlng school break
trom al\er school UII the 11161 dllY of school prilli' 10 Thllnkslllvlnll until g:OO p,m, on
Ihe night before school begins. Flllhel' shull huvc Ihis period lor Thanksgiving In
even nUlllbered years.
6, Durlnglhe Christmas holiday seaSOll, the parties shall alternale physical custody of
the children betweenlhe following two periods:
a) The period from) :00 p,m, on Chrlslfllos Eve until 1:00 P,I11, on Christmas
Day; and
b) The period !'rom 1:00 p,m, on Christmas Day until I :00 p.lI1, on December
26,
i
t
MOlher .hlll hive Ihe IInl period of flhYIIr.11 cUllody 101 torth Ibove for
Chrl.tml. 1997, and ralher Ihall have Iho lecond period. ThOle period a ahllll
allemllo tor Chrllllllll 1998 and conllnue allornatlnlleach year accordlrlKly.
In addition, the partlCI slrall equally Ihlro Ihe ChrillmalllNow Yearl school
vaclllon. The plrty who has tho children for the first Chrisllllal period 101 forth
Ibove Ihlll have phYllcal cuslody of Ihe children ITom the end of Ihelr 1111 day of
~hool prior 10 the Chrilllllll holiday sealon unlll midway Ihroullh Iho
ChrislmaalNew Ycars school vacallon pcrlod al 1:00 Il.IlI.; Ihls period being
delermined by laklnll the entlrc number of days thaI Ihe children ore off Il'om
Ichool beginning wllh the cvenlng of thelDlt day of school betorelho school break
Ihrough Ihe evening of Ihe lasl day of Ihe school break prior 10 school beginning,
lublractlnlllwo days fromlhal10lal10 rellecllhe two day period of Ilrlle described
above, and dividing by IWo. The parenl who has the second period of physical
cUllody set torth above on Christmas Day shalllhen hove Ihe children from J :00
p.m. midway Ihrough the school vacation period as determined pursuanl to Ihe
provisions of Ihls paragraph and continue to have physical cuslody of Ihe children
un11l8:00 p.m. on the evenlnll of the lost day oflhe school break,
7. The children sholl always be with Father during Father's Day and with Mother
during Mother's Day, In Ihe event that either of these days occur on a weekend
when the children wlllnol otherwise be with lhat parent. lhe period for physical
custody Ihall eXlend Irom 9;00 a,m, until 8:00 p,m, on thaI day,
8. During Ihe summer school vacation period. Falher shall secure physical cuslody of
bolh children 01 noon on Ihe Orsl Sunday tollowinglhe end of Ihe school year and
,\
'1
8hall relaln physical cushldy or Ihe children until noon 'lIIlhe sccond Sunday prior
to Ihe belllnnlnllur thl\ IICKt school ycar. Durlnlllllis perlud or tillie, Mother ahall
have olternallnll weckcnd periods or physlclll custody wllh Ihe children rrolll Friday
evenlnll al 5:30 pill until Monday 1lI0rnlng whcn MOlher retUI'IIK Ihc children 10
FOlher's carc by no hUeI' 111IIn H30 o III MOlhctJs period or ohel'llllllng weckl!nd
physical cuslody shall hegln lit 530 pill on the sccund FddllY Illlcr school hu
ended and sholl oltcrnatc throughout the sumlllcr unlll the chlldrcn ore rcturned to
her physical corc 01 noon un the sccond SundllY prior to Ihc bcglnnlnllor school.
In nddltlon, MOIlll:r shllll bc cntltlcd tothrcc, ,mc-wcck pcriods or physical custody
of the chlldrcn, to Includc hcr wcckcnds or physlclll custody liS descrlhcd herein,
Mothcr llIusl glvc Fllther notlcc by no hllcr Ihlln MIlY 31 or cllch YCllr as to her
three onc week pcriods or physiclll custody tllllt shc wlshcs to spcnd wllh Ihe
children during thc sUllImcr school brcAk.
9. The pcrlods thr holidllY physical cuslody and vaCAtion physical cuslody as
described above shllllsupcrscdc 1111 olhcr provisions of this Agrcclllcnt,
10. Each parcnt shllll he alllJrdcd rcasonablc tclcphonc contact wilh the chlldrcn when
they are nOI in their CArc or physical custody The: custodiAl pllrent shall not
Intertere with reasonAblc telephonc contllct bctwccn thc childrcn and the non.
custodial pArcnt. Ncithcr pllrcnt will usc Ihls provision of this Agrccment to harass
the cuslodiAI parcnt, bUI, ruthcr, in rccognilion or thc children's IIgcs And the
eKtensive physical custody contact with bOlh parents, it is anticipated that the
reasonable telephonc conlact shAll not exceed B one telephone call every other day
for a period of one-halfhour.
II. rhe portles will keep eu~h olher IIdvis~d Inunedllltely In lhe event of serious
Illness or medlclll emergency con~ernlng lhe child IInd shllll lurlher luke any
ner,esury sleps to ensure lhllt the hellllh lint! well beln!lof the child Is pl'Utected,
During su~h IIIneNN or mcdlcnl emergcncy. both pllrllca Nhllll hllve the rl!lhllo visit
the child os onen nN he or ahc deNlreN CllllNINlcnl with Ihe pl'Upcr mcdlcol care of
the child,
12. Neither parent Nlmll do anything which 1lI0Y estrange Ihe child Irom the olher
party, or Injure the opinion of Ihe child os 10lhe other pnrty, or which may hamper
the Iree and natural developlllenl of the chlldrcn's love or IItlcctlun for the olher
party,
13. rhe porents shllll cunslder thc chlldrcn's ngcs IInd mnlurlty rclntlvc to additional
periods of physlcnl custody lhllt 1lI0y be IIpproprlote II Is ollliclpoted lhat the
porents will allempllo consider the childrcn's wishes to spend periods of physical
custody with the olher porent, thlll might not otherwisc be provided lor herein,
Neithcr pllrcnl shnll use this provision 10 inllucncc Ihc childrcn to request a
substantial modllicntlon in thc provisions hcreln
14. BOlh porcnts sholl cooperatc In thc conllnucd counscllng of thc children with
Shoron Hemler. The portlcs 1lI0Y llIulunlly ngree to selccl IllIother qualifled
professional os 0 counselor I'll' Ihc childrcn but such chllnge must be done by
mutual o!lrecment and mutual sclection untilund unless thc pOrlles IIgree to modil'y
the children's counselor, Sharon Hellner shall serve 05 the children's counselor.
~: 11/ .....
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