HomeMy WebLinkAbout00-01092
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
\1i.
STATE OF
PENNA.
TRACY L. BABCOCK,
Plaintiff
No. 00 - 1092 Ci vi! Term
VERSUS
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
DECREE IN
DIVORCE
it ~ ~ ':>4 ft(
AND NOW,
8
,
, IT IS ORDERED AND .
2rN
,
DECREED THAT
TRACY L. BABCOCK
, PLAINTIfF,
AND
ALLEN E. BABCOCK
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE. The terms of the Marital Settlement Agreement dated February 15, 2000
are incorporated but not merged into this Decree in Divorce.
J.
~~~HONOTARY
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MARITAL SETTLEMENT AGREEMENT
THIS Agreement made this /~ day of -11k4 ,2000 by and
between TRACY L. BABCOCK, of 940 Gobin Drive, Carlisle, Cumberland County, Pennsylvania,
hereinafter referred to as WIFE, and ALLEN E. BABCOCK, of 940 Gobin Drive, Carlisle,
Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on
January 7,1989, in Ohio; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
finaneial and property rights and obligations as between each other, ineluding, without limitation, the
settling of all matters between them relating to the ownership of real and personal property, claims
for spousal support, alimony, alimony pendente lite, eounsel fees and costs, and in general, the
settling of any and all claims and possible claims against the other or against their respective
estates.
NOW, THEREFORE, in eonsideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable eonsideration, reeeipt and
sufficiency of whieh is hereby aeknowledged by each of the parties hereto, HUSBAND and WIFE,
each intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto aeknowledge that eaeh has been notified of
his or her right to eonsult with counsel of his or her ehoiee, and have been provided aeopy of this
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file: babcock
MSA
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February 9, 20.00
i
agreement with whieh to consult with counsel. WIFE is represented by Carol J. Lindsay, Esquire,
and HUSBAND has been advised that he may be represented by coupsel of his ehoiee. Eaeh party
aeknowledges and aecepts that this agreement is, in the cireumstanees, fair and equitable, and that
it is being entered into freely and voluntarily, after having reeeived sueh adviee and with such
knowledge as each has sought from counsel, and that execution of this agreement is not the result
of any duress or undue influence, and that it is not the result of any improper or illegal agreement or
agreements.
2. Divorce: In the event that one or another party files a Complaint for Divoree, the
parties agree to eooperating in the entry of a Decree in Divorce. The parties will exeeute, 90 days
after the filing and serviee of the Complaint in Divoree, Affidavits of Consent and Waivers of Notiee
under Section 3301 (e) of the Divorce Code, consenting to the entry of a Deeree in Divoree.
3. Personal Property: WIFE will retain the 1999 Volkswagen Jetta whieh is leased to
the parties jointly. WIFE will make the lease payments each and every month and shall indemnify
and hold HUSBAND harmless on account of any loss from her failure to do so. HUSBAND will
retain the 1993 Chevrolet Truck. The truek is Iiened by Bank of Ameriea and the loan payments are
a direet allotment from WIFE's pay. HUSBAND will pay to WIFE $202.77 each and every month
commencing January, 2000 on or before the"12th day of each until Bank of America is paid in full.
So long as HUSBAND is making said payments to WIFE, WIFE will eontinue to permit the
payments to Bank of Ameriea to be made by allotment and will indemnify and hold HUSBAND
harmless on aceount of any obligation for the truck. Upon the payment in full, WIFE will transfer to
HUSBAND all her right, title and interest in the Chevrolet Truck.
The parties shall have eertain investments and IRA funds individually titled. The
parties shall eaeh retain those aeeounts titled in his or her own name and the other hereby releases
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1
any claim he or she may have on sueh aceounts. Speeifically, WIFE will retain the USPA IRA, the
Fidelity Destiny II Mutual Fund, and savings and eheeking aeeou,nts at the Bank of Ameriea.
HUSBAND will retain his USPA Roth IRA and his USAA simple IRA and his cheeking aceount at
Harris Savings.
Each of the parties shall retain his or her own pension or retirement plans. Eaeh party
releases any and all claim he or she may have against the retirement plan of the other.
4. Real Property: The parties are owners of a home at 940 Gobin Drive, Carlisle,
Cumberland County, Pennsylvania. Within twenty-one (21) days of the date of this Agreement,
HUSBAND will transfer to WIFE all his right, title and interest in the marital home by executing a
Special Warranty Deed. WIFE will be solely responsible for any obligation on the mortgage, taxes,
and insurance for the marital home and shall pay the mortgage payment to USAA eaeh and every
month as it comes due and shall indemnify and hold HUSBAND harmless on aeeount of any loss as
. a result of the marital home. Within eighteen (18) months of the date of this Agreement, WIFE will
refinanee the marital home, or sell it, so that HUSBAND is no longer liable on the mortgage, and his
VA eligibility is restored.
The parties are owners of a time-share at Vistana Resort. The parties will cause the
time-share to be listed for sale and shall apply the proceeds therefrom to the Chase/Shell credit eard
in the approximate amount of $2,700.00. The Chase/Shell card is HUSBAND's credit card. The
parties agree that WIFE shall not eause any further eharges to be made on the Chase/Shell and that
HUSBAND shall be solely and individually liable for any charges to the Chase/Shell eard made by
HUSBAND after the date of this Agreement. In the event that any sums remain from the sale of the
Vistana property after the Chase/Shell card is paid, said proeeeds will be applied to a Bank of
America loan used to purehase HUSBAND's Chevrolet truek for which loan WIFE is solely liable.
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5. Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties aeknowledge that each has suffieient
assets with whieh to maintain themselves after divorce.
6. Marital Debt: The parties have, in their own names, eertain eredit card aeeounts
whieh may include some marital debt. WIFE shall be solely and exclusively responsible for the
payment of the joint Bank of America Visa, and the CitiBank eard with a balance of approximately
$12,500.00. As of the date of this Agreement, HUSBAND will not use the joint Bank of America or
CltiBank card, and WIFE shall pay the balanee of Bank of America credit eard and CitiBank eredit
card subject to the application of payment of such debts from the sale of the time-share as set out in
Paragraph 3 above.
7. Custody: The parties are parents of a child, Morgan Babcock, born August 1, 1998.
The parties shall share legal custody of Morgan. WIFE shall have temporary primary physieal
. eustody of the ehild, and HUSBAND shall have liberal periods of partial eustody of the ehild as the
parties ean agree, eonsisting at the least of alternating weekends from Friday after work until
Sunday evening and two afternoons and evenings per week until 7:00 p.m. In the event that one or
the other party reloeates, HUSBAND shall have periods of eustody of at least eight weeks per year
with the child. Additionally, HUSBAND has eustody of the child on Christmas in alternating years,
beginning with 2000 and eontinuing in even numbered years thereafter. It is the purpose of the
parties to eneourage a relationship with both parents.
8. Child Support: WIFE agrees that she will not seek child support from HUSBAND
and that she will pay all of the costs, including the cost of daycare for the child. Nevertheless, so
long as he reeeives any part of WIFE's BAQ, HUSBAND shall pay the daycare cost for the child.
Upon the cessation of BAQ payments to HUSBAND, WIFE will be solely responsible for the
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payment of daycare costs. The parties reeognize that one or the other of them eannot bargain away
their ehild's right to ehild support. Nevertheless, in the present ci~cumstances, it is the parties'
intention to be bound by the provisions of this paragraph.
HUSBAND will pay the eosts of tuition, room and board for post-seeondary edueation
for the ehild after the ehild has made reasonable applications for available federal and state grants
and seholarships afforded by the eollege or post-seeondary institution the ehild will be attending.
9. Income Tax: The parties shall file a joint federal income tax return for 1999. In the
event that such filing results in a tax obligation, WIFE will be solely responsible for payment of said
tax. In the event that the parties enjoy a refund, they will equally split the amount refunded.
Beginning in the year 2000 and eontinuing thereafter so long has she is primary physieal eustodian,
WIFE will claim the ehild as the exemption on her federal income tax return.
10. Exchange of Information: The parties have requested from eaeh other and reeeived
any information regarding their assets, liabilities, ineome and expenses which the party requires
prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this
Agreement are fair and equitable and constitute an equitable distribution of marital property and
debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23
Pa. C.S.S3502 ineluding the length of the marriage; any prior marriage of the parties; the age,
health, station, amounts and sourees of income, vocational skills, employability, estate, liabilities and
needs of eaeh of the parties; the contribution by eaeh party to the edueation, training or increased
earning power of the other; the opportunity of eaeh party for future acquisitions of capital assets and
ineome; the sourees of income of both parties, including but not limited to, medieal, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation, or appreciate of the marital property, ineluding the eontribution of a party
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as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the marriage; the eeonomic circumstanees of each party including federal, state and local tax
ramifications at the time of the division of the property, and whether the party will be serving as
custodian of any dependent minor children.
11. Modification: No modification, rescission, or amendment of this agreement shall be
effeetive unless in writing signed by eaeh of the parties hereto.
12. Applicable Law: All aets eontemplated by this agreement shall be eonstrued and
enforeed under the laws of the Commonwealth of Pennsylvania.
13. Agreement Binding on Parties and Heirs: This agreement, exeept as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and suecessors in any interest of the parties.
14. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divoree of the parties hereto for purposes of enforeement only, but otherwise shall not be
merged into said decree. The parties shall have the right to enforce this agreement under the
Divoree Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
15. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
16. Full and Final Settlement: WIFE and HUSBAND eaeh do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of sueh other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, titles, interests or elaims in or
against the property (including ineome and gain from property hereafter aecruing, of the other) or
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against the estate of sueh other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have against such other, the estate of sueh other or any part
thereof, whether arising out of any former acts, contracts, engagements or liabilities of sueh other, or
by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers'
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 conveyanee by the other as testamentary, or all other
rights of a surviving spouse to participate in a deeeased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights whieh either spouse may
have, or at any time hereafter have, for past, present or future support or maintenanee, alimony,
alimony pendente lite, counsel fees, eosts or expenses, whether arising as a result of the marital
relation or otherwise, exeept and only exeept, all rights and agreements and obligations of
whatsoever nature arising or whieh may arise under this Agreement or for the breach of any term
thereof. It is the intention of HUSBAND and WIFE to give to each other by the exeeution 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 aequire, exeept and only
exeept, all rights and agreements and obligations of whatsoever nature arising or which may arise
under this Agreement, or for the breach of any term thereof, subject, however, to the
implementation and satisfaction of the eondition precedent as set forth herein above.
17. BREACH: In the event that either party breaches any provision of this Agreement, he
or she shall be responsible for any and all costs incurred to enforee the Agreement, including, but
not limited to, court eosts and counsel fees of the other party. In the event of breaeh, the other party
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February 9. 200p
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shall have the right, at his or her eleetion, to sue for damages for sueh breach or to seek such other
and additional remedies as may be available to him or her.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(Seal)
(Seal)
Allen E. Babeock
8
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TRACY L. BABCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - 1092 CIVIL TERM
vs.
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the eourt for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(e) 2201 (d)(1) of the Divorce
Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Acceptance of Serviee signed by Defendant,
Allen E. Babcock, March 7, 2000
3. (Complete either paragraph (a) or (b)).
(a) Date of exeeution of the affidavit of eonsent required by Section 3301 (e) of the
Divoree Code: by the Plaintiff July 5, 2000; by the Defendant July 5, 2000
(1) Dale Elf C)(ocutlon Dflho PlaintiFf's affidavit required by Section 3301 (d) of
tho Divoreo Code:
(2) Dole of service sf lho PlainliFf'G affidavit UpSA tAo Dofond"mt:
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of serviee of the notice of intention to file praecipe to
transmit reeord, a copy ofwhieh is attached: 7-25-00
(b) Dale Plaintiff's Waiver of Notice in 3301(e) Divoree was filed with the
Prothonotary: 7-25-00
Date Defendant's Waiver of Notice in 3301 (e) Divoree was filed with the Prothonotary:
7-25-00
r Plaintiff
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TRACY L. BABCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - /t?~d CIVIL TERM
IN DIVORCE
VS.
ALLEN E. BABCOCK,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including eustody or visitation of
your children.
When the ground for the divoree is Indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Offiee of the Prothonotary at
the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 liBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
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Date: ;l.f 2-d 1 (}t!
B"bcock Compl"int in Divorce
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Febru"ry 25, 2000
TRACY L. BABCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - /01:2- CIVIL TERM
IN DIVORCE
vs.
ALLEN E. BABCOCK,
Defendant
COMPLAINT
TRACY L. BABCOCK, Plaintiff, by her attomeys, FLOWER, FLOWER & LINDSAY, P.C.,
respectfully represents:
1. The Plaintiff is Tracy L. Babcock, who currently resides at 940 Gobin Drive, Carlisle,
Cumberland County, Pennsylvania, where she has resided since April,1999.
2. The Defendant is Allen E. Babcock, who currently resides at 143 North Hanover Street,
Apartment 2, Carlisle, Cumberland County, Pennsylvania, where he has resided since January 1,
2000.
3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on January 7, 1989, in Ohio.
5. That there have been no prior actions of divorce or for annulment between the parties in
this or in any other jurisdietion.
6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is
irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
Babcock Complaint in Divorce
tjb
February 25, 2000
7. Plaintiff has been advised of the availability of marriage eounseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not request
counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
J
Carol J. Un y, Esquire
10#44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
.---.
Date: h [~ 2-2! u;e;o
VERIFICATION
I, hereby verify that the statements made in the within instrument are true and correct to the best
of my knowledge, information and belief. 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.
By
Date: p}]............. ,2000
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TRACY L. BABCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - 1092 CIVIL TERM
vs.
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on February 28,
2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I eonsent to the entry of a final Deeree in Divoree after service of notice of intention to
request entry of the Deeree.
I verify that the statements made in this Affidavit are true and eorreet to the best of my
knowledge, information and belief. I understand that false statements herein are made subjeet to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifieation to authorities.
Date: 6-;:Jii.-.L ~(JO
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TRACY L. BABCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 00 - 1092 CIVIL TERM
vs.
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301 Ie) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notiee.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divoree is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the best of my
.knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn fa!sifieation to authorities.
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Date: 5 ~ 1-000
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TRACY L. BABCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - 1092 CIVIL TERM
vs.
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301 (c) of the Divoree Code was filed on February 28,
2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of intention to
request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subjeet to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
~~
Allen E. Babcock, Defendant
Date: 05 ~UL Y Z-'A:JQ
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - 1092 CIVIL TERM
TRACY L. BABCOCK,
vs.
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divoree without notice.
2. I understand that I may lose rights eoneerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
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Allen E. Babcock, Defendant
Date: .05 -:JZ~C- Y 00
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V5.
CIVIL ACTION - DIVORCE
NO. 00 - 1092 CIVIL TERM
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Allen E. Babcock, Defendant above, aecept service of the Complaint in Divoree in the
above eaptioned matter.
~~~
Allen E. Babeoek
143 North Hanover Street, Apt. 2
Carlisle, PA 17013
Date: 07 Af./!;t, Q:)
MAR 1 3 2000
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE.
: NO. 00 - 1092 CIVIL TERM
Plaintiff
vs.
ALLEN E. BABCOCK,
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW this
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upon consideration of the within Stipulation for Custody, the terms of the Stipulation
for Custody is hereby made an Order of Court.
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TRACY L. BABCOCK,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - 1092 CIVIL TERM
Plaintiff
vs.
ALLEN E. BABCOCK,
Defendant
IN DIVORCE
STIPULATION FOR CUSTODY
The parties hereto stipulate as follows:
1. They are the parents of a ehild, Morgan Babcock, born August 12,
1998.
2. Custody of Morgan is eontrolled by a Marital Settlement Agreement
entered into by the parties on February 15, 2000 and incorporated into a Decree in
Divoree on August 8, 2000. Pursuant to Paragraph 7 of the Marital Settlement
Agreement, the parties share legal eustody of Morgan, and Tracy L. Babcoek,
hereinafter MOTHER, enjoys temporary primary physical eustody of the child, and
Allen E. Babcock, hereinafter FATHER, enjoys liberal periods of partial eustody of
the child consisting of alternating weekends, two afternoons and evenings per
week, and alternating Christmas holiday.
3. Mother is a Captain in the United States Army who is reassigned from
Carlisle Barracks to Fort Meade, Maryland. The reassignment is a permanent
change of station determined by the military and will be effective March 9, 2001.
Fort Meade, Maryland is approximately 117 miles from Father's residenee in
Carlisle, Pennsylvania.
4. Effeetive Marcil 9, 2001, the parties shall share legal custody of
Morgan Babcock. Mother shall have primary custody of said child subject to
periods of partial custody in Father on alternating three day weekends. The
weekends may be exercised from Thursday after work until Sunday evening, or
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from Friday after work till Monday evenings at Father's discretion, provided that he
confirms with Mother by the Wednesday preceding the weekend the days on which
he will be exereising his rights of partial eustody.
5. During his periods of partial custody, in the event that Father must
work and cannot eare for the ehild, he will use Lucy Saphore or Carlisle Barracks
dayeare eenter as the daycare providers for Morgan, or such other caregiver as the
parties can agree.
6. Father shall continue to enjoy custody of the child on alternating
Christmases in even numbered years and Mother shall have custody of the child on
alternating Christmases in odd numbered years.
7. Transportation of the child for periods of partial custody shall be
shared by the parties. Whenever Mother is travelling to the Cumberland County
area, she will transport the child both to and from periods of partial custody. The
parties will consult with each other regarding the sharing of transportation during
periods of partial custody. If the parties cannot agree on a method for sharing
transportation, they will exehange the ehild in Frederick, Maryland at a convenient
restaurant near Route 15.
8. The parties agree that the terms of this Stipulation shall be entered as
an Order of Court.
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TRACY L. BABCOCK
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
00-1092 CIVIL ACTION LAW
ALLEN E. BABCOCK
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, July 17, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Huber! X. Gilroy,Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, Au~ust 01, 2003 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme and nan'ow 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 conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing,
FOR THE COURT,
By: Isl
Hubert X. C'dlro:y Esq. L
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI-IB OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CANOET LEGAL HELP.
Cwnberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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TRACY L. BABCOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 1092 CIVIL TERM
ALLEN E. BABCOCK,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this
day of
I
,2003, upqn
consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear
before , Esquire, the conciliator, at I
, Pennsylvania, on , the day of
,2003, at o'clock .m. for a Pre-Hearing Custody Conference. At such I
conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defini and
narrow the issues to be heard by the court, and to enter into a temporary order. All children give or older mar. be
present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary of
permanent Order. The court hereby directs the parties to furnish any and all existing Protection from ~buse
orders, Special Relief Orders, and Cnstody Orders to the conciliator 48 hours prior to scheduled heariig.
FOR THE COURT,
By I
Custody Conciliator I
The Court of COInmonPleas ofCrnnberland County is required by law 10 comply with the AmericJ with
Disabilities Act of 1990. For information about accessible facilities and reasonable accomodalions available 10
disabled individuals having business before the court, please contact our office. All arrangements must be mJde at
least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference 0,1
hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LA YER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pa. 1701 3
(717) 249-3166
TRACY L. BABCOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 1092 CIVIL TERM
ALLEN E. BABCOCK,
Defendant
: IN CUSTODY
PETITION FOR RELOCATION AND MODIFICATION
OF CUSTODY ORDER.
AND NOW, comes the PlaintiWPetitioner, Tracy L. Babcock, by and through her
counsel, Jane Adams, Esquire, and files this Petition for Permission to Relocate and ModifY
Custody, and in support thereof states as follows:
1. Plaintiff/Petitioner, Tracy L. Babcock, (hereinafter referred to as "Mother"), is an adult
individual who currently resides atll66 Jeffrey Drive, Crofton, Maryland, 2 I 114.
2. Defendant/Respondent, Allen E. Babcock, (hereinafter referred to as "Father"), is an
adult individual who currently resides at 143 N. Hanover St., Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the parents of a minor child, namely, Morgan Harrison Babcock, born
August 12, 1998 (hereinafter referred to as "Morgan").
4. Pursuant to an Order of this Honorable Court dated February 12,2001, Mother and
Father share legal custody of their children with Mother having primary physical custody and
Father having partial physical custody. A copy of the February 12, 2001 order is attached hereto
marked Exhibit "A" and incorporated by reference herein as if set forth at length.
5. Mother works as Chief of Logistics for the United States Army in Fort Meade,
Maryland.
6. Mother intends to retire from the Army effective March 2004 and would like to
relocate with Morgan to Portage County, Ohio in January 2004.
7. Mother intends to retire from the military in order to preclude future military
assignments which may include relocating overseas or combat deployment.
8. Mother is originally from Portage County, Ohio, and her extended family consisting of
her mother, step-father, and three sisters all reside in Portage County, Ohio.
9. In the past three and one-half years during mother's military training away from home,
Morgan stayed with maternal grandparents on more than two dozen occasions when father was
unavailable.
10. Mother's extended family is a support system for both child and mother and Morgan
is well bonded to this extended family.
II. Mother's military retirement is adequate to maintain a comfortable standard of living
with supplementation from only part-time work.
12. Morgan is currently scheduled to enter Kindergarten in the fall of 2003 in Maryland.
13. Mother desires to obtain a substitute teaching position and work while Morgan is
attending school.
14. In the Portage County, Ohio school system, mother could substitute teach with no
formal training other than her current college degree.
15. Mother cannot substitute teach in Pennsylvania because she does not have a teaching
certificate.
16. Working as a substitute teacher would permit Mother to spend more time with
Morgan before and after school, during the holidays, and over the summer.
17. Since June 2002, Mother has informed Father of her intent to relocate to Ohio; Father
has repeatedly indicated that he will not consent to the proposed relocation.
18. Under the current order, father is to have two three-day weekends a month, and
alternating Christmas holidays with the child.
19. The current custody order was entered before Morgan attended school; Morgan will
attend Kindergarten in the fall of 2003 and the current custody schedule will not be workable
during the school year.
20. Father has exercised approximately 60% of his available periods of custody since
January 2000.
21. Mother is willing to provide alternative custody arrangements in the swnmers and on
school holidays which would give father the same amount oftime as the current custody Order.
22. Mother's motive in requesting the move is that she believes the move will
substantially improve not only her life but also the child's life.
23. Mother believes that this move will be in the child's best interest and that adequate
alternative partial physical custody can be arranged for Father.
WHEREFORE, Plaintiff requests the court to grant relocation and modification of the
custody order regarding the child.
Respectfully submitted,
Date: 7( /t/03
J e Adams, Esquire
. No. 79465
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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TRACY L. BABCOCK,
vs.
ALLEN E. BABCOCK,
AND NOW this
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Plaintiff
: IN THE COURT OF COMMON PLE S OF
: CUMBERLAND COUNTY, PENNS LVANIA
: CIVIL ACTION - DIVORCE
: NO. 00 - 1092 CIVIL TERM
Defendant : IN DIVORCE
ORDER OF COURT
12. J
day of . f'4vtJ
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upon eonsideration of the within Stipulation for Custody, the terms of the S ipulation
for Custody is hereby made an Order of Court.
By the Court,
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Carlisle, PA
TRACY L. BABCOCK,
: IN THE COURT OF COMMON P EAS OF
: CUMBERLAND COUNTY, PENN YLVANIA
: CIVIL ACTION - DIVORCE
: NO. 00 - 1092 CIVIL TERM
Plaintiff
VS.
ALLEN E. BABCOCK,
Defendant : IN DIVORCE
STIPULATION FOR CUSTODY
The parties hereto stipulate as follows:
1.
They are the parents of a child, Morgan Babcock, born August 12,
1998.
2. Custody of Morgan is controlled by a Marital Settlement greement
entered into by the parties on February 15, 2000 and ineorporated into Decree in
Divorce on August 8, 2000. Pursuant to Paragraph 7 of the Marital Settlement
Agreement, the parties share legal eustody of Morgan, and Tracy . Babcoek,
hereinafter MOTHER, enjoys temporary primary physical eustody of th child, and
Allen E. Babeock, hereinafter FATHER, enjoys liberal periods of parti I custody of
the ehild consisting of alternating weekends, two afternoons and e enings per
week, and alternating Christmas holiday.
3. Mother is a Captain in the United States Army who is reassigned from
Carlisle Barracks to Fort Meade, Maryland. The reassignment is permanent
change of station determined by the military and will be effective Mar h 9, 2001.
Fort Meade, Maryland is approximately 117 miles from Father's esidenee in
Carlisle, Pennsylvania.
4. Effeetive Maret] 9, 2001, the parties shall share lega custody of
Morgan Babeoek. Mother shall have primary eustody of said ehil subject to
periods of partial custody in Father on alternating three day weelkends. The
weekends may be exereised from Thursday after work until sunda~ evening, or
SAlOIS
SHl.Jffi. !!OWER
& Lll'tUSAY
.umHNeI!Mr.lJt.W
26 W. Blgh Street
Carlisle, PA
from Friday after work till Monday evenings at Father's discretion, provide that he
confirms with Mother by the Wednesday preeeding the weekend the days n whieh
he will be exercising his rights of partial eustody.
5. During his periods of partial eustody, in the event that Fatlner must
work and eannot eare for the child, he will use Lucy Saphore or Carlisle arracks
dayeare center as the dayeare providers for Morgan, or sueh other caregiv r as the
parties ean agree.
6. Father shall eontinue to enjoy eustody of the child on al ernating
Christmases in even numbered years and Mother shall have eustody of th child on
alternating Christmases in odd numbered years.
7. Transportation of the ehild for periods of partial eustody shall be
shared by the parties. Whenever Mother is travelling to the Cumberlan County
area, she will transport the ehild both to and from periods of partial cust dy. The
parties will consult with each other regarding the sharing of transportati n during
periods of partial custody. If the parties cannot agree on a method fo sharing
transportation, they will exehange the ehild in Frederick, Maryland at a c
restaurant near Route 15.
8. The parties agree that the terms of this Stipulation shall be e tered as
an Order of Court.
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VERIFICATION
I verifY that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of I 8 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date:7,./tJ ~ OJ
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TRACY 1. BABCOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 1092 CIVIL TERM
ALLEN E. BABCOCK,
Defendant
: IN CUSTODY
AFFIDAVIT OF SERVICE
AND NOW, this July 21, 2003, I, Jane Adams, Esquire, hereby certify that
on July 19, 2003, a certified true copy of the PETITION FOR MODIFICATION AND
RELOCATION was served, via certified mail, return receipt requested, addressed to:
Allen E. Babcock
P.O. Box 1157
Carlisle, Pa. 17013
DEFENDANT
Respectfully Submitted:
A ams, Esquire
LD No. 79465
36 outh Pitt Street
lisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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. Print your n,ame and address on the reverse
so that we can return the card to you.
. Attach thIs card to the back of the maiJpiece,
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o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
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Domestic Retum Recelp a5-01_M-1~
UNITED STATES POSTAL SERVICE
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Postage & Fees Paid
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TRACY L. BABCOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 1092 CIVIL TERM
ALLEN E. BABCOCK,
Defendant
: IN CUSTODY
AFFIDAVIT OF SERVICE
AND NOW, this July 28,2003, I, Jane, Adams, Esquire, hereby certifY that
on July 25,2003, a certified true copy of the ORDER SETTING CUSTODY CONCILIATION
was served, via certified mail, return receipt requested, addressed to:
Allen E. Babcock
P.O. Box 1157
Carlisle, Pa. 17013
DEFENDANT
e Adams, Esquire
I . No. 79465
6 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front ~ space penn its.
1. Article Addressed to:
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UNITED STATES POSTAL SERVICE
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First-Class Mah
Postage & Fees Paid
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Permit No. G-10
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ilANt ADAMS
Jfi O~"~EY AT LAW
Ii 5. Pin STREET
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TRACY L. BABCOCK,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
ALLEN E. BABCOCK,
Defendant
NO. 2000 -1092 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this t -t.4 day of August, 2003, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No.4, on the 4th Floor of the
Cumberland County Courthouse on the /,;;-t4 day of
~ . ,. 2003 .at j: 3 d L.M. At this hearing, the
Mother, Tracy L. Babcock, shall be the moving party and shall proceed
initially with testimony. Counsel of the parties, or the parties themselves if
they are not represented by counsel, shall file with the court and opposing
counsel a memorandum setting forth the history of custody in this case, the
issues currently before the court, a list of witnesses who will be called to testify
on behalf of each party and a summary of the anticipated testimony of each
witness. This memorandum shall be filed at least five (5) days prior to the
mentioned hearing date.
2. Pending further order of this court, this court's prior order of February 12,
2001 shall remain in effect.
~len E. Babcock
143 North Hanover Street
Carlisle, PA 17013
BY THE COURT,
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cc: /ane Adams, Esquire
FILED--OFFiCE
OF THE pp.:YilICWOTARY
OHUG -6 PH I: 36
CUM6ailAr~0 .:COUNTY
PENNSYLVANIA
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TRACY L. BABCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
ALLEN E. BABCOCK,
Defendant
NO. 2000 -1092 CIVIL
IN CUSTODY
Prior Jndge: Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN A(CCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Morgan Harrison Babcock, born August 12, 1998.
2. A Conciliation Conference was held on August 1, 2003, with the following individuals
in attendance:
The Mother, Tracy L. Babcock, with her counsel, Jane Adams, Esquire; and the
Father, Allen E. Babcock, who appeared without counsel.
3. Mother resides in Maryland and Father resides in Carlisle. Mother desires to
relocate to Ohio because of work and family reasons. The relocation would more
than double the distance between the parties. Father's position is that he is opposed
to Mother relocating because he feels it will interfere with his ability to continue a
meauingful relationship with his son. The parties were unable to reach an agreement,
and a hearing is necessary.
4. The conciliator recommends the entry of an order in the form as attached.
gat oj
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TRACY L. BABCOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 1092 CIVIL TERM
ALLEN E. BABCOCK, : IN CUSTODY
Defendant
ORDER
AND NOW, this
(" .... day of CJeI1> "I,..v , 2003, having reviewed the
agreement between the parties completed September 22, 2003, it is hereby ORDERED and
DECREED that the agreement shall be entered as an ORDER of Court.
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FILED-Or-riCE
OF T:....Ji: P[:-')T!":CN~)TARY
03 OCT -1 AM 8: 24
CUMBERlJ'.";D COUNTY
PENNSYLVfNLI\
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TRACY L. BABCOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 -1092 CIVIL TERM
ALLEN E. BABCOCK,
Defendant
: IN CUSTODY
STIPULATION FOR CUSTODY
The parties hereto stipulate as follows:
1. Plaintiff and Defendant are the parents of a child, Morgan Babcock, born August 12,
1998.
2. Custody of the child is controlled by a prior Stipulation and Order of February 12,
2001, under the above-captioned number.
3. Mother is Chief of Logistics in the United States Army at Fort Meade, Maryland.
Mother filed a Petition for Relocation due to her retirement from the Army and desire to relocate
to Portage County, Ohio, where her extended family lives and she would be able to obtain
employment as school teacher during the same hours that the child will be in schooL
4. The parties agree to the following:
a. The parties shall share legal custody of Morgan Babcock. Both parents shall
be entitled to equal access to the child's school, medical, dental, and other
important records. As soon as practicable after the receipt by a party, copies of
the child's school schedules, special events notifications, report cards, and similar
items shall be provided to the other party. Each shall notifY the other party of any
medical, dental, optical and other appointments of a child with healthcare
providers, sufficiently in advance thereof so that the other party can attend.
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b. Mother will move to Portage County, Ohio and will retain primary custody of
the child.
c. Father shall enjoy periods of partial custody with the child every other weekend
from Friday after school at 4:00 p.m. through Sunday at 6:00 p.m.
d. Father shall continue to enjoy custody of the child on alternating Christmases
in even numbered years and Mother shall enjoy custody of the child on alternating
Christmases in odd numbered years.
e. Father shall be entitled to a block of time with the child on every other holiday.
f. Nothing in this agreement shall keep the parties from providing for additional
or other periods of visitation as mutually agreed.
5. Transportation of the child for periods of partial custody shall be shared by the parties.
The parties will consult with each other regarding the sharing of transportation during period of
partial custody.
6. Emergency decisions regarding the child shall be made by the parent then having
custody. However, in the event of any emergency or serious illness of the child at any time, any
p<l[tY then having custody ofthe child shall communicate with the other party by telephone or
any other means practicable, informing the other party of the nature of the illness Dr emergency,
so the other parent can become involved in the decision making process as soon as possible.
The term "serious illness" as used herein shall mean any disability which confines the child to
bed for a period in excess of seventy-two (72) hours and which places the child under the
direction of a licensed physician. During such illness, each party shall have the right to visit the
child as often as he or she' desires, consistent with the medical care of the child.
7. This Agreement shall be governed and controlled by the laws of Pennsylvania.
8. The parties agree that the terms of this Stipulation shall be entered as an Order of
Court without further hearing.
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Allen E. Babcock, Father
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