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HomeMy WebLinkAbout96-04959 ~ ~ 1- .... ~ . ,,>' ...,/ 0"/ I I ~j I I I , ! i j I t WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; 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 of real and personal property; and the settling of all matters relating to the custody and support of their minor childl children, and in general the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuahle consideration, the receipt of which i. hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be lelJally bound hereby, covenant and agree as follo"'u -2- 1. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judqment, order or further modification or revision thereof shall alter, amend or vary any terlll of this Aqreement, whether or not ei ther or both of the parties shall relllarr)', it being understood by and between the parties hereto that this Agreement shall survive and shall not be ..rged into any decr.., judgment, or order of divorce or separation. It is specifically agrt~ed, however, that a copy of this Agreement or the substance of the provisions -3- thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Aqreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement 011 the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executinq this Agreement. 3. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all right., title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter ..ay have against such other, the estate of such other or any part thereof, whether arislnq out of any former acts, contracts, engage.ents or liabiliti.. of such other or by way of dower or curtesy, of claiMS in the nature -4- " of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will: or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherWise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and aqreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. OJST~18UTION DATE. The transfer of proPflrty, . funds and/or documents provided for herein shall only take place .5- on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL. Husband and Wife acknowledge and understand the terms and conditions of this Agreement and, Wife is represented by Diane M. Rupich, Esquire and Husband, by executing this Property Settlement Agreement, acknowledges that he has been informed of his right to confer with counsel prior to executing this Agreement. Husband and Wife acknowledge that they fully understand the facts as to their legal riqhts and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. 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 ellecution of this Agr_llIent. The parties ackno~l.dqe that there has been no formal discovery conducted in their p@ndinq divorce action and that neither party has filed an Inventory and Apprais....nt as required by Section nOS(b) of tll. ""nn,vIvanta Divorce COde. -6- Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this agreement that was not disclosed to the other party or his or her counsel prior to the date of the within agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that since Septelftber of 1996, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate llIight be resP'>nsible and shall inde.nify and save wife har.d..s froa any and all chi.. or de.ands ude aqainst her by reason of such ckbts or obUgations incurred by hia a1n~ the ckte of said separation, e.~pt aa othervise set forth herein. -7- Wife represents and warrants to Husband that since September of 1996, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Wife hereby agrees to assume and be solely responsible for the first mortqage due and owing on the real estate located at 725 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. 8. REAL ESTATE. Husband and wife agree that the marital residence and contents therein, located at 725 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, shall become the sole and separate property of wife. Wife hereby agrees to be solely responsible for any and aU sums due and owing on said property, including but not limited to, the first mortgage, taxes, utilities, maintenance and upkeep, and wife hereby holds husband harmless and indemnifies husband against any and aU payments in connection with said real estate as of September of 1996 and thereafter. Husband and wife her.by agree that simultaneously with the execution of this Agre....nt, husband shall .xecute a deed placing said property into the name of wife alone. -8- ~^ Husband and wife hereby agree that husband shall receive a maximum amount totaling Nine Thousand Nine Hundred Sixty-three and nO/l00 ($9,963.00) Dollars upon the sale of the real estate by wife. Said amount of $9,963.00 has been determined and agreed upon by the parties by agreeing that this amount is the husband I s share of equi ty in the real estate as of the date of the execution of this Agreement. However, said a1llOunt of $9,963.00 may be reduced upon the sale of the real estate based upon any and all closing costs which husband and wife hereby agree to share between the two of them at the time of sale. 9. PERSONAL PROPERTY. Except as set forth hereto, Husband and Wife have agreed that their personal property haa been divided to the parties' mutual satisfaction and neither party w111 lllake any claims to the property possessed by the other, except as set forth hereto: Wife shall receive and lllaintain her 1987 Honda aut01llObile, and the 1983 Merced.. 240D autocobile. Husband shall receive and aaintain hi. 1977 Mercedes lOOD automobile. HUsband and wif. hereby agree that they shall e..cute any and all titles to the vehicle. for the purpose. of trensfenift9 Mid titl.. as nt forth heretn. -9- 10. PENSION AND RETIREMENT BENEFITS. Husband and wife hereby acknowledge that they have been fully informed and are aware of the existing pension plans/retirement plans, IRAs, 401 (K) plans, Keogh plans and any other employer benefits of each other and husband and wife hereby waive any right and interest which they may have in the other's pension/retirement plans, IRAs, 401 (K) plans, Keogh or any other employer retirement benefits that they may be entitled to. 11. SPOUSAL SUPPORT/ALIMONY. Husband and wife hereby agree to waive, dlscharge and release any and all rights or claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alilllOny pendente lite, spousal support and/or maintenance or any such benefits resulting from the parties' status as husband and wife. 12. CUSTODY/VISITATION. Husband and wife hereby agree that primary physical custody of their minor child, Lindsay Margaret Smith, shall be in wife with the following partial custody for purposes of visitation in husband: (a) Every other weekend frOll Friday through WedneSday IIlOrning, at which tl.. father will take Lindsay to school. Father will pick Lindsay up at school on 'riday; ~tO- ," (b) The Christmas and Easter holidays will be shared between the mother and father; (c) When Lindsay starts first grade in 1999, father will be entitled to three nonconsecutive weeks of uninterrupted partial custody with Lindsay upon thirty (30) days advance written notice to mother; (d) Mother will notify father of any required traveling which she must do for her employer which will take her out of town and give father the first option to babysit Lindsay during this time; (e) At all other times as mutually agreed upon between mother and father. 13. CHILD SUPPORT. Husband and wife hereby agree that while the minor child is in day care, husband will be responsible for payment directly to the day care prOVider for all costs. Currently, at the time of the execution of this Agreement, said day care costs amount to $200.00 bi-weekly. Husband shall continue to pay these costs alonq with any and all increases in said day care expenses. Wife hereby aqrees that as lonq .s husband continues to pay the aMOunt of S200.00 -11- i I J 1 I I I I , bi-weekly to the day care provider, that she will not file an action through the Domestic Relations Office with appropriate jurisdiction for child support against husband. However, upon the minor child attending school in the fall of 1999, husband agrees to pay to wife the sum of $200.00 per month representing child support. Said amount of $200.00 per month representing child support is in lieu of the payment of day care expenses. Husband further agrees that he shall be responsible for one-half of all uninsured medical expenses including orthodontist, dental and eye care. Husband further agrees to maintain the minor child, Lindsay Margaret Smith, on his medical insurance through his employer. Husband hereby acknowledges that wife may file a support action through the Domestic Relations Office with appropriate jurisdiction, if there is a change of circumstance throughout the terms of this Agreement concerning child support and if an agreed modification lIay not be tellched between the parties. Wife hereby aCknowledges that it will be nec.nary to show a change of circumstance froa the date of the execution of this Agre..ent, should she need to adjust or modify the terms of the child support set forth herein. -12- .- 14. INCOME TAX RETURN. Husband and wife hereby agree that they shall file a joint Income Tax Return for the tax year 1996 and that any refund received will be divided sixty- five percent (65" to wife and thirty-five percent (35" to husband. 15. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as Amended February 12, 1988, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. t 6. MUTUAL RELEASE OF CLAIMS. Except as otherwise stated in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to COftIe, and for all purposes whatsoever, of and (rOIl any and all r.ights, Utle and interests, or claims -1)- , in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees, costs or expenses, whether arising as a result of the marital relation or otherwise. It is the intention of the Husband and Wife to give to each other by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature ariSing or which may arise under this Agreement or for the breach of any provision thereof. 17. WAIVER OR MODIFICATION TO BE IN WRITING. A modification or waiver of any of the terms of this Agre_ent shall be effective only if in writing, signed by both parties and executed with the same formality as thh A9r__nt. No waiver of any breach hereof or default hereunder shall be deelllad a waiver of any subsequent default of the same or similar nature. -14- 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 19. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors and aSsigns in the interest of the parties. 20. BREACH. If either party breaches any provision of this Aqreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaChing this Agreement shall be responsible for payment of attorney fees and all costs incurred by the other in enforcinq his or her rights under this Agreement. 21. LAW or PENNSYLVANIA APPLICABLE. shall be construed in accordance with the Commonwealth of Pennsylvania. This Agreement laws of the -lS- ,. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs/provisions and sUbparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. DIVORCE. The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, simultaneously with the execution of this Agreement. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year first above written. Witness: . (J~ '" , 4'~7'~) lltn W row Sait -16- LISA MARIE SMITH, I IN THE COURT OF COr1MON PLEAS Plaintiff I ~ COUNTY, PENNSYLVANIA I Civil Term Vii. . NO. 96-4959 . GALEN WOODROW SMITH, I CIVIL ACTION - LAW Oefendant I PRAECIPE TO TRANSMIT RECORD To th~ Prothonot4Cf' Transmit, tha racord, together vith the followinq Information, to the Court for entCf of & divorce decree: 1. Ground for divorce. irretrievable brdgkdown 3301 (cl under Sttction (x, lQOQ(xtm ( ) 20l (dl Ul of the Divorce Cod. . (Check ,-' &ppl.t.c:&~l. .ection) . ~. o.t. and ~.r ot .ervice ot the complAint: Septarber 16, 1996 by certified mall No. P 016 242 521 . 3. CCoIIiIlet. .ltba" pu&9"eph (a) or Cbl. Cel o.t. of execution of the affidaVIt of consent reqUIred by SectiOD 201 (c) ot tbe Divorce Code: by December 17, 1996 pluntiff December 17, 1996 , by def..nd<ant . . CblC11 o.t. of ...cutlon ot the plaintiff's <affIdaVit reqUired by Section 201 (d) of the Divorce Codel , (21 data of .ervic:e of the Plaintiff's . .flidevit ~pon the DefeDd&ntl 4. ReIUed cl4iu pencUDgI . None . Diane H. Rupich. ElqlUre 232-9724 . ..--..... .~~ Plaintiff I Dltfond<ant , ~ (\'J ~ CO) - :5 M 81 :II: a.. ?J co " - :.} fd n 1ll Q in ~ ~ \0 .>- ~. 1;. .1. ;g . Q.. r} \0 ."'~ u. I ::'1 . ~ ~ [5 \I. . ~ o \D ~ .. en. 0 ,. 10 ..., . "" {;....I<) ~ f< ~ ......... ........ ~ ~ .~. ~..~ ~ ~ ""'-:::t 1..0 ~~ ;).~ ~ ~ ~ .. ~e ! tl ! I: ~ ! ~... .. r i I H II Q ~ II is 'It H . H . .&1 Is= i . :- ~ ;I ; H ~ ~Ii H .. ..J ft __"_ ______. ___m... -..--- .._--~. ... ------ . ..... ... . , . . IE (") ~ C':I - r i\ ijt ~ '1~ i co :i - ".:J w: ~ ill r= ts \00 ~ 0' l"J ~ t") A -, g~ :c Q,. )~ <<>> .~5~ - <..' ..Jf2 i!;: l.' 4,'. C .10' & \D ::i .,. V *~~~~~~~~~_~*~~~~~~*t~_~__~___~ ~ '" -------------,------------ - ".' ',' ( " 8' ~ . i ~ IN THE COURT OF COMMON PLEAS ~ ~i ~ , ~ ~ 3 ~ 8 8 8 8 ~ ~' i: ~' 8' ~i M , . ~; lEI Ii) . i ~l , 1 1 !II , , ~l if.; It! I 8' It . . . ,. - --<< .". -- - - -.. '* ~ OF CUMBERLAND COUNTY STATE OF * PENNA. ~ w ". ~ , , , J ~I ~i " ~i , ~,\ LISA MARIE SMITH, Plaintiff l\1I. 96~4959 Civil , , ~ ~ \'t'r$lI~ 8 GALEN WOODROW SMITH, ~ Defendant *! ~. ... tl DECREE IN DIVORCE ~, AND NOW. .. , .. , , .. ' .. .. .. ' , , .. .. , '. 19 9,6 '. it is ordered and decreed that, " ,. ,LI~A, ,MARI,E ,SMI,TH, , , , " , ' , " , , ,. " . '.., ". plaintiff. and.,., GA,~E~, W:OODR()W, ~H,ITH"""." ,"""'. defendant. are divorced from the bonds of matrimony. The court retoins jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ,.. .".. '.'.. ..... n, TI.. C.....,.: All.." ................ar' ,', (t ~ 8 ~ ~ i~ '~ /' 1* I. II!! , ~ '8 . . .~ ) ~ '.~ ;: IE ;. ~ ~ ~ !II ~ ~ ~ " . . . . . ---_.*.._~._-_.~~ . lISA MARIE SMITH NiKlA lISA MARIE KOLECKI PLAINTIFF V. GALEN WOODROW SMITII DEFENDANT IN TIlE COllRT OF COMMON PLEAS OF CUMIlERLAND('OllNTY. PENNSYLVANIA 96-4959 CIVil. AlTlON LAW IN CUSTODY ORnER m' ('Ol'RT AND NOW. Thursday. July 26, 2001 . upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Da... S. Sauday. Esq. . the conciliator. at 39 Wnt MaID Street. Mecuulnblll'l. PA 11055 on Tllnday. AUlusUS. 2001 at 11:00 a.m. for a Pre.Hearing Custody Conference. At such coofm:nce. an cffort will be made to n:sol\'l~ the issues in dispute; or if this cannot be accomplished. to defme and narrow the issues to be heard by the court. and to enter into a temporary order. All children age five or older may also be present at the clmlmnce. faIlure to appear at the conference may provide grounds for entry of a temporary or pmnanent order. The coart bereby dlr<<tlllle partIes 10 raralsll aa)' aad aU ulstlal I'nItKtloa rrom Abuse orden, Special Rdler orden, aad Castod)' orden to tile co.dllalor 4lJ lI.an prior to scbfdaifd bfllrlal. FOR TIlE COURT. By: '" J),z'lnl S. SII.-J41. Fcq. $ Custody Ctll1Clhator The Court of Common PIcas of Cumberland Coonty .. requ,"~d by law to comply WIth the Americans with Disabihtn Act 01'1990. F... inl'ormatltm ahout acccslOihle facillhes and reasonable llCctmunodabons available 10 dIsabled indl\lduals ha\ 1011 hUSlncss before the L'OUIt. please contact our onke. All amngements must be made at least 72 h.lUrs poor III any helton, Of business before the court, You mll-st anmd the sc:heduled confcm1t:c or heannl!. YOll SIlOULOTAKE nlls PAPER to Yl)t1R ."noRNEY A1'ONct:. IF YOIl DO NOT IIA VI: AN ^ noRNEY OR CANNOT AHORIl ONt:. 00 III OR n.H.PIIONE lIIE OFFICE SET FORni BELOW TO f1NllO\lT \\1ft-.RE YOl'('AN iii, r I UiAI.I1I:I.P. Cumht'fland ('ounly liar ^,,,.....t..1ft 211~ ,\\L_ Carlt,..., 1"~yl\an1;t PtID lekph.WlC .7PI2~"'"M LISA MARIE SMITH (now known as LISA MARIE KOLECKI), PlaintilT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. COURTHOUSE V5. NO. 96-4959 GALEN WOODROW SMITH. Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT TO MODIFY CUSTODY PROVISIONS AND NOW this L1!f:day of July 2001. comes the Plaintiff. Lisa Marie Kolecki. by her attorney. Diane M. Rupich. Esquire. and respectfully requests the following: I. The Plaintiff is Lisa Marie Kolecki. an adult individual who currently residesat 725 Bosler Avenue. Lemoyne. Pennsylvania 17043. 2. The Defendant. Galen Woodrow Smith, is an adult individual who currently resides at 963A Bosler Avenue, Lemoyne. Pennsylvania 17043. and is currently represented by Attorney Lee E. Oesterling, Esquire, whose office is located at 20 South Market Street. Mechanicsburg, Pennsylvania 17055. 3. Attached hereto and marked Exhibit "A" is an Order of Court dated December 24. 1996. and pages 10 and II of the Property Settlemmt A&lccment referring to the Custody Provisions as agreed to by the parties at the time of their divorce in 1996. 4. The Plaintiff, Lisa Marie Kolecki. bclic\'ts that it is in the best intem! of her daughter to modify the curren partial custody provisions in E.\hibit "^" attached hereto. 5. The Plaintiff believes that a more structured partial custody schedule would be in the best interest of her daughter at this time, 6. It is respectfully requested that a Right of First Refusal be placed in a Custody Order. 7. It is respectfully requested that the Defendant would enjoy partial custody every other weekend from Friday after school until Sunday evening. 8. It is also requested that the Order provide that neither parent shall pierce any body part of the child. without conferring with the other parent first. and that neither parent shall take the child into a bar or such establishment that would subject the minor child to viewing improper behavior or where she may be left unattended. 9. In addition. Plaintiff desires to modify and obtain a specific partial custody schedule concerning holidays. summer \'acation. and provisions concerning notification to the other parent of the whereabouts of the minor child. WHEREFORE. the Plaintiff. Lisa Marie Kolecki respectfully requests Your Honorable Court to grant a modification of the Custody provisions. Respectfully submitted. BY: /~ ~:/C::-'-) . .........4't- Diane M~RupiC . ire 1017 North F Stred lIarrisburg. PA 17102 (717) 232.9724 I.D, No. 71873 '} ? J; Date: '/.j .(" I /. . . 10. PENSION AND RETIREMENT BENEFITS. Husband and wife hereby acknowledge that they have been fully informed and are aware of the existing pension plans/retirement plans, lRAs, 401 (X) plans, Xeogh plans and any other employer benefits of each other and husband and wife hereby waive any right and interes.t which they may have in the other' s penSion/retirement plans, IRAs, 401 (X) plans, Xeogh or any other ellployer retirement benefits that they may be entitled to. 11. SPOUSAL SUPPORT/ALIMONY. Husband and wife hereby agree to waive, discharge and release any and all rights or chi..s which he or she may have now or hereafter by reason of the parties' I18rriage to ali~ny, ali~ny pendente lite, spousal support and/or maintenance or any such benefits resulting fro.. the parties' status as husband and wife. 12. CUSTODY/VISITATION. Husband and wife hereby agree that primary phyaical cuatody of their minor child, Lindaay Margaret Saith, shall be in wife with the follOWing partial custody for purpo.es of visitation in husbands la) every other weekend fro. rriday throU9h Wedne'da, aorninq, at whiCh time father will take Lind.ay to .chaol. rather viII pick Lind.a, up at school on rrida" -10- ~ - . (b) The Christmas and Easter holidays will be shared butwuun the mothvr end father; (c) When Lindsay starts first grade in 1999, father will be entitled to three nonconsecutive weeks of uninterrupted partial custody with Lindsay upon thirty (30) days advance written notice to mother; (d) Mother w11l notify father of any required traveling which she mu.t do for her e.ployer which w11l take her out of town and 9lve father the first option to babyslt Lindsay durln9 thl. tl.e; (e) At all other ti..s as .utually agreed upon between aother and father. 1). ~n.o 8UPPO"~ Husband and wU. hereby avree that whUe the .inor ('hUd is in day care, hu.band '1111 be responsible for pa)'llent dlrectly to the day care provld.r f~ all co.ta. CUrrently, at the U.. of the execution of this Aqr....nt, .ald day care coats aaount to 1200.00 bi-weekly. Husband ahall coatinu. to pay th.a. cod. alOftCJ with aft, ami all incrMs.s ln .ald da, care ..pen.... WUe hereb, a.,r... that e. 10ft. .. hv.beml coatinuee to .., the e-ouftt o. '2&0.00 .11. VERIFICA TION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -~ g) d -----.. .. ~~ ~~ zre~.~, Lisa ft. ltolecki Date: Jj-I7-tJ/ ;;~'."l;""....... - - . . '. . ,Ii f ," 118.l~J " ",;,/. '~ 1/~ 1, . , II I I 1 il . '-". -,:> - - -.: <" ,t_-~,::. " ", - ."', . '-~- -.- '- '. . - - - . '. . "'". . 1I11i ....~l ~.~. J ' . . . IJ. :~., ~-. " . .' - . " -. . . . . .. . $Q'~~ . . LISA MARIE SMITII N/K/A LISA MARIE KOLECKI. 1'lainlifT : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA vs. : NO. %-4959 CIVIL TERM GALEN WOODROW SMITIf, Defendanl : CIVIL ACTION - LAW : IN CUSTODY 0 ( 'n t . c, . r - ~ . . . ~{.. -- .. , . , :"J =< .e;. -, .... ORDF.R OF COlJRT AND NOW. this 10 It. day of ~(' ~<-r . 2001, upon consideralion oflhe atlachetl Cuslody Conciliation R'-'port il is cred and direcletl as follows: I. The prior Order of this Court datetl December 24. 1996 is vacatetl only to Ihe extent Ihat it incorporates paragraph 12 of the parties' Marital Sctllement Agreement addressing custody. 2. The Mother. Lisa Marie Kolecki. fonnerly Smith. and the Father. Galen Woodrow Smith. shall hne shared legal custody of Lindsay Margaret Smith. born November 21. 1992. Each parent shall hav'c an equal right. to be exercised jointly with the other parent. 10 make all major non- emergency decisions afTecting the Child's general well-being including. but not limited to, all decisions regarding her health, etlucation and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child during the school year on alternating weekends from Friday after school through Sunday al 7:00 p.m. During the summer school break, the Father shall hne custody on alternating weekends from Thursday. at a time to be arrangetl by agreement of the parties. through Sunday at 7:00 p,m. The Father shall also hav'e custody of the Child at any other times arranged by agreement of the parties. 5, The parties shall share having custody oflhe Child on holidays as arranged by agreement. b. During the summer school vacation each )'Car. the Father shall han:' custody of the Child for up to 3 non-conscx:utin:, weeks upon pnwi.ling advance Ill.ltice of his selection of dates to the Mother by Mareh 15, 7, III the l:"IC'Ilt either party is unavailable tll provhk care for the Child .luring his or her period \.If cushxl) for a p.:riod llf 4 hours or Ion~'f, that party shall first ronlOl('tthe other party 10 prov'hk the OJ'l"lll1urllly 10 provhk Cllre for the Child hcfOl'C cootiICltng third party careghers,