HomeMy WebLinkAbout00-01908
\" .-' ~"'<':"" ","
.
.
.
.
.
.
.
.
.
.
.
.
'" "'''' ff. ff.
. ..
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
MELISSA L. SEALOVER,
Plaintiff
No. 2000-1908 CIVIL TERM
VERSUS
JEFFREY D. SEALOVER,
Defendant
DECREE IN
DIVORCE
AND NOW,
~31
c:::r If: 3'A.;t1.
, 7.00l , IT IS ORDERED AND
DECREED THAT MELISSA L. SEALOVER
, PLAINTIFF,
AND
JEFFREY D. SEALOVER
, 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;
All issues have been resolved by the parties' Marital Agreement dated
December 26, 2003, which Marital Agreement is incorporated into but not
merged with this Decree.
J.
ATTEST:
.
PROTHONOTARY
.
.
.
.
.
. ..
.
.
.
. .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
~I...
"r_,"~_IWJilW..Aoil
.
~~'";"iiIIil~bIiiuIi
-=~Jal1liililili
'~l!"-~ .'~
.,"-,-
iIBloi "'" .....1IIif""""' -"'~.~"
c'
f ,\" . j,,~ ' '~.. "~',)
"I' .
/'5-cJ~' ~d~~.d~R~~
/S't::JV 7t~ ~ ~ ~ ft/
J
~ .
'",
~ -, .,
"
"
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA L. SEALOVER,
Plaintiff
v.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
DIVORCE
MARITAL AGREEMENT
BETWEEN
JEFFREY
D.
SEALOVER
AND
MELISSA L.
SEALOVER
"- -
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
"
TABLE OF CONTENTS
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1,
SECTION I
General Provisions....................................... 3
SECTION II
Distribution of Property................................. 21
SECTION III
Distribution of Debts............................... .... 33
SECTION IV
Counsel Fees and Costs, Alimony, Spousal Support, Child
Custody, Child Support, Health Insurance, and Income Tax
Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
SECTION V
Closing Provisions and Execution......................... 38
',__~ _ ',_,~,O,",:' '.', , ~
'-,
,,,..,...
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
,
INTRODUCTION
THIS AGREEMENT made this ~ day Of~ h-:.-
200~, by and between MELISSA L. SEALOVER ("Wife") of P.o. Box 198,
Harrisvi11e, WV 26362 and JEFFREY D. SEALOVER ("Husband") of 609
East Coover Street, Mechanicsburg, PA 17055.
WIT N ESE T H
WHEREAS, the parties hereto are husband and wife, having
been married on November 15, 1986 in Carlisle, Cumberland County,
Pennsylvania and separated on January 20, 2000.
WHEREAS, There were two (2) children born of this marriage:
Heather N. Sealover, born April 9, 1987; and Kelli R. Sealover,
born February 6, 1990 (the "Children").
WHEREAS, diverse and unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention Qf Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of
settling fully and finally their respective financial and property
- 1 -
,,'
^::<:-'_"-'_~"'_' c~,-.,-_ f<'_ "-, ~,-~,.,
'",1'-_" _,_""
"--';"
i'
MELISSA SEALOVER/4.26,02. MARITAL AGREEMENT; REVISED 6.3.02.
rights and obligations as between each other including, without
limitation by specification: the settling of all matters between
them ~elating to the ownership and equitable distribution of real
and personal property; the settling of all matters between them
relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in
general, the settling of any and all claims and possible claims by
one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, Wife and
Husband, each intending to be legally bound hereby, covenant and
agree as follows:
THIS SPACE INTENTIONALLY LEFT BLANK
- 2 -
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
SECTION I
GENERAL PROVISIONS
1.01.
INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are
incorporated herein and made a part hereof as if fully set forth in
the body of the Agreement.
1.02.
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the
right of Husband and Wife to an absolute divorce on lawful grounds
if such grounds now exist or shall hereafter exist or to such
defense as may be available to either party. This Agreement is not
intended to condone and shall not be deemed to be condonation on
the part of either party hereto of any act or acts on the part of
the other party which have occasioned the disputes or unhappy
differences which have occurred or may occur subsequent to the date
hereof.
1.03.
DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce
decree in the above captioned divorce action. Upon the execution
of this Agreement, or as soon as possible under the terms of said
- 3 -
",",
"',I"c'
-.<.><
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
Divorce Code if said documents can not be signed upon the execution
of this Agreement, the parties shall execute and file all documents
and papers, including affidavits of consent, necessary to finalize
said divorce. If either party fails or refuses to finalize said
divorce or execute and file the documents necessary to finalize the
divorce, said failure or refusal shall be considered a material
breach of this Agreement and shall entitle the other party at his
or her option to terminate this Agreement, in which event the
parties shall be restored to the same legal position each had been
immediately prior to the execution of this Agreement, and either
party may then proceed with the litigation of any claims heretofore
raised in this divorce action the same as of this Agreement has
never been executed by the parties.
1.04.
EFFECT OF DIVORCE DECREE
Unless otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties.
1.05.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any
Divorce Decree which may be entered with respect to them.
- 4 -
- ,,' ~ -,
.
_._~ - .
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISEO 6.3.02.
1. 06.
NON-MERGER
This Agreement shall not merge with the Divorce Decree, but
rather, it shall continue to have independent contractual
significance and each party shall maintain their contractual
remedies as well as court remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute.
1.07.
DATE OF EXECUTION
The "date of execution", "execution date" or "date of this
Agreement" shall be defined as the date of execution by the party
last executing this Agreement.
1.08.
DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for
herein shall only take place on the "distribution date" which shall
be defined as the date of execution of this Agreement unless
otherwise specified herein.
1. 09.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have
been fully explained to the parties by their respective counsel,
Jane M. Alexander, Esquire, Esquire for Husband, and Diane g.
Radcliff, Esquire, for Wife. The parties acknowledge that they
have received independent legal advice from counsel of their
- 5 -
',-.
-"",
'c"'"_
7.,c'
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISEO 6.3.02.
selection and that they fully understand the facts and have been
fully informed as to their legal rights and obligations. They
acknowledge and accept that this Agreement is, under the
circumstances, fair and equitable and that it is being entered into
freely and voluntarily after having received such advice and with
such knowledge, and that execution of this Agreement is not the
resul t of any duress or undue influence and that it is not the
resul t of any collusion or improper or illegal agreement or
agreements.
1.10.
FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial
accuracy of the financial disclosure of the other, as an inducement
to the execution of this Agreement and each party acknowledges that
there has been a full and fair disclosure of the parties' marital
assets and debts and the parties' respective incomes, which has
been provided to each party.
1.11.
DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right: (1) to
obtain from the other party a complete inventory or list of all of
the property that either or both parties own at this time or owned
as of the date of separation; (2) to have all such property valued
by means of appraisals or otherwise; (3) to compulsory discovery to
- 6 -
.,-~-~~- - , '
.-.,
-~-
'-" "
,--~
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
assist in the discovery and verification of facts relevant to their
respective rights and obligations, including the right to question
the other party under oath; and (4) to have a court hold hearings
and make decisions on the matters covered by this Agreement, which
court decision concerning the parties' respective rights and
obligations might be different from the provisions of this
Agreement.
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is
in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either
party.
Given said understanding and acknowledgment, both parties
hereby waive the following procedural rights:
a. Inventorv: The right to obtain an inventory of all
marital and separate property as defined by the
Pennsylvania Divorce Code.
b.
Income and Expense Statement:
The right to obtain an
income and expense statement of the other party as
provided by the Pennsylvania Divorce Code, except in
instances where such an income and expense statement is
- 7 -
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISEO 6.3.02.
hereafter required to be filed in any child support
action or any other proceedings pursuant to an order of
court.
c. Discoverv: The right to have any discovery as may be
permitted by the Rules of Civil Procedure, except
discovery arising out of a breach of this Agreement, out
of any child support action, or out of any other
proceedings in which discovery is specifically ordered by
the court.
d. Determination of Marital and Non-Marital Property: The
right to have the court determine which property is
marital and which is non-marital, and equitably
distribute between the parties that property which the
court determines to be marital.
e. Other Riohts and Remedies: The right to have the court
decide any other rights, remedies, privileges, or
obligations covered by this Agreement, including, but not
limited to, possible claims for divorce, spousal support,
alimony, alimony pendente lite (temporary alimony),
counsel fees, costs and expenses.
1.12.
BANKRUPTCY
The parties hereby agree that the provisions of this Agreement
- 8 -
. .~-,,- " ,,'
" " ~
.
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
,
shall not be dischargeable in bankruptcy and expressly agree to
reaffirm any and all obligations contained herein. In the event a
party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the other party
shall have the right to declare this Agreement to be null and void
and to terminate this Agreement in which event the division of the
parties' marital assets and all other rights determined by this
Agreement shall be subject to court determination the same as if
this Agreement had never been entered into.
1.13.
SOCIAL SECURITY BENEFITS
The parties agree that, subject to the rules and regulations
of the Social Security Administration, each of the parties shall
continue to be eligible for Social Security benefits to which he or
she would ordinarily be qualified as a party to a divorce after a
marriage of ten (10) years or more in duration, if the parties'
marriage is determined to be of ten (10) or more years in duration.
1.14.
PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live
separate and apart. They shall be free from any control,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried. They may
reside at such place or places as they may select. Each may, for
- 9 -
'... >
.'-,. ~" - - "~ ,. <-
'_.r
, -'-
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
,
his or her separate use or benefit, conduct, carryon and engage in
any business, occupation, profession or employment which to him or
her may seem advisable. Husband and Wife shall not molest, harass,
disturb or malign each other or the respective families of each
other nor compel or attempt to compel the other to cohabit or dwell
by any means or in any manner whatsoever with him or her.
1.15.
MUTUAL RELEASES
Except as other wise expressly provided in this Agreement,
Husband and Wife each do hereby mutually remise, release, quitclaim
and forever discharge the other and the estate of such other, for
all time to come, and for all purposes whatsoever, of and from the
following:
a. Claims Aqainst Propertv or Estate: Any and all right,
title, interest and/or claims in or against the other
party, the property (including income and gain from
property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever
situate, which he or she now has or at any time hereafter
may have against such other party, the estate of such
other party or the property of the other party or any
part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other.
- 10 -
'~
-.. -",
.~, -, ".'"-
,"
"
MELISSA SEALOVER/4,26.02. MARITAL AGREEMENT; REVISED 6.3.02.
.
b. Dower, Curtesy, Widows Riqhts: Any and all rights and
claims of dower or curtesy, or claims in the nature 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;
c. Life Time Convevances: 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 laws of (I)
the Commonwealth of Pennsylvania, (ii) State,
Commonwealth or Territory of the United States, or (iii)
any other country;
d. Marital Riqhts: Any rights which either party may have or
at any time hereafter have for past, present or future
support or maintenance, alimony, alimony pendente lite,
counsel fees, equitable distribution, costs or expenses,
whether arising as a result of the marital relation or
otherwise.
e. Breach Exception: The foregoing shall not apply to 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
- 11 -
~ ~ ~, . .;-" <",'<
.,. ,',<
" -
. ,-,
.,..
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3,02.
.
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 agreements and obligations of
whatsoever nature arising or which may arise under this
Agreement or for the breach of any provisions thereof.
1.16.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be
valid unless in writing and signed by both parties and no waiver of
any breach hereof or default hereunder shall be deemed a waiver of
any subsequent default of the same or similar nature.
1.17.
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 further instruments and/or documents that
the other party may reasonably require for the purpose of giving
full force and effect to the provisions of this Agreement.
1.18.
AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit
- 12 -
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISEO 6.3.02.
of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
1.19.
INTEGRATION
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
1.20.
OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith,
(and within at least twenty (20) days after demand therefor),
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, stock certificates, or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement, and/or as their respective counsel
shall mutually agree should be so executed in order to carry out
fully and effectively the terms of this Agreement.
1.21.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no
- 13 -
,<"
,.~ ",-,,' ~>
.
.
-
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
,
way affect the right of such party hereafter to enforce the same in
the future, nor shall it be construed as a waiver of strict
performance of any other obligations herein, nor shall it be
construed as a waiver of any subsequent default of the same or
similar nature.
1.22.
BREACH
If for any reason either Husband or Wife fails to perform his
or her obligations owed to or for the benefit of the other party
and/or otherwise breaches the terms of this Agreement, then the
other party shall have the following rights and remedies, all of
which shall be deemed to be cumulative and not in the alternative,
unless said cumulative effect would have an inconsistent result or
would result in a windfall of the other party:
a. Specific Performance: The right to specific performance
of the terms of this Agreement, in which event the non-
breaching party shall be reimbursed for all reasonable
attorney's fees and costs incurred as the result of said
breach and in bringing the action for specific
performance.
b. Damaoes: The right to damages arising out of breach of
the terms of this Agreement, which damages shall include
reimbursement of all reasonable attorney's fees and costs
- 14 -
---"
,-,. .
-",..
.- ~-
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
incurred as the result of the breach and in bringing the
damage action.
c. Divorce Code ~emedies: The right to all remedies set
forth in Section 3502 (e) of the Pennsylvania Divorce
Code, 23 PA. C.S.A. 3502(e), and any additional rights
and remedies that may hereafter be enacted by virtue of
the amendment of said statute or replacement thereof by
any other similar laws.
d. Other Remedies: Any other remedies provided for in law
or in equity.
e. Considerations for Reasonable Attornevs Fees: Any award
of "reasonable attorneys fees" as used in this paragraph
shall be based on consideration of (1) the hourly rate
charged; (2) the services rendered; and (3) the necessity
of
the
services
rendered.
Determination
of
1.23.
reasonableness shall not take into consideration the
amount or nature of the obligation sought to be enforced
or any possibility of settlement for less than the
obligation sought to be enforced by the non-breaching
party.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws
- 15 -
, ~".~--,' -, ~
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
of the Commonwealth of Pennsylvania.
1.24.
SEVERABILITY
If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition clause or provision shall
be stricken from this Agreement and in all other respects this
Agreement shall remain valid and continue in full force, effect and
operation. Likewise, the failure of either party to meet his or
her obligations under this Agreement under anyone or more of the
paragraphs hereunder, with the exception of the satisfaction of a
condition precedent, shall in no way avoid or alter the remaining
obligations of the parties.
1.25.
HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs 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.
1.26.
INCOME TAX MATTERS
With respect to income tax matters regarding the parties the
following shall apply:
a. Prior Returns: The parties have heretofore filed joint
- 16 -
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
federal and state returns. Both parties agree that in
the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax
is made against either of them, each will indemnify and
hold harmless the other from and against any loss or
liabili ty for any such tax deficiency or assessment
therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is
finally determined to be the cause of the
misrepresentations or failure to disclose the nature and
extent of his or her separate income on the aforesaid
joint returns.
b. Current Returns: The parties shall file individual tax
returns for the current tax year and for every tax year
hereafter.
1.27.
PRESERVATION OF RECORDS
For the period of time required by the Internal Revenue
Servic~ for maintenance of tax records, each party will keep and
preserve, all financial records relating to the marital estate, and
each party will allow the other party access to those records as
may be reasonably necessary from time to time.
- 17 -
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
1.28.
MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party
at the address listed on pag~ 1 above, or such other address as
that party may from time to time designate.
1.29.
EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if
the parties reconcile, cohabit as Husband and Wife or otherwise, or
attempt a reconciliation. This Agreement shall continue in full
force and effect and there shall be no modification or waiver of
any of the terms hereof unless the parties, in writing, signed by
both parties, execute a statement declaring this Agreement or any
term of this Agreement to be null and void.
THIS SPACE INTENTIONALLY LEFT BLANK
- 18 -
I-'~
"",.". -"--d,".-.,
v~
,,~
'.'~' '0
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
SECTION
DISTRIBUTION OF
II
PROPERTY
2.01.
FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts
set forth in this Agreement is equitable and in the event an action
in divorce has been or is hereafter commenced, both parties waive
and relinquish the right to divide and distribute their assets and
debts in any manner not consistent with the terms set forth herein
and further waive and relinquish the right to have the court
equitably divide and distribute their marital assets and debts. It
is further the intent, understanding and agreement of the parties
that this Agreement is a full, final, complete and equitable
property division.
2.02.
AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all property,
tangible or intangible, real, personal or mixed, acquired by him or
her, since January 20, 2000, the date of the parties' marital
separation, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as
though he or she were unmarried and each party hereby waives,
- 19 -
"~"-
_. 0' _~_~_ .-t-.
.0
o.
,^-
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
releases, renounces and forever abandons any right, title, interest
and claim in and to said after acquired property of the other party
pursuant to the terms of this Paragraph.
2.03.
WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release,
renounce and forever abandon any right, title, interest and claim,
if any, either party may have in and to any inheritance of any kind
or nature whatsoever previously, or in the future, received by the
other party.
2.04.
AS IS CONDITION
Except as otherwise specifically herein provided, and with
respect to the transfer of any tangible assets provided for in this
marital Agreement, the parties acknowledge that he or she have had
the opportunity to inspect and view the assets that he or she is to
receive as his or her sole and separate property and he or she is
fully aware of the condition of such tangible asset and is
receiving those assets in "as is" physical condition, without
warranty or representation by or from the other party.
2.05.
PERSONAL PROPERTY
With respect to the tangible personal property of the parties
including, but without limitation with specific reference to,
- 20 -
',-
,"-1--. .,
__L.Cc . - .T'" J,~- ,
,".,- -
~.
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
jewelry, clothes, furniture, furnishings, rugs, carpets, household
equipment and appliances, tools, pictures, books, works of art and
other personal property ("the Personal Property"), the parties
agree as follows:
a. Division: Husband and Wife do hereby acknowledge that
they have previously divided the Personal Property.
Hereafter Wife agrees that all of the Personal Property
in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all
of the Personal Property in the possession of Wife shall
be the sole and separate property of Wife.
b. Waiver: The parties do hereby specifically waive,
release, renounce and forever abandon whatever claims, if
any, he or she may have with respect to the Personal
Property which shall become the sole and separate
property of the other.
2.06.
VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles
and the like owned by one or both of the parties, or the trade in
value thereof, ("the Vehicles") if the Vehicles have been sold or
traded in prior to the date of this Agreement, the parties agree as
follows:
- 21 -
~-~-., '_~_ c,J. <,_- ",
.c"
,'"; '7 _ : " " '. ^'<, ~_, ,to', ~"
- - ,
.
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
a. Wife's Vehicle (s): The 1997 Ford Explorer titled in
Wife's sole name shall be the sole and separate property
of Wife.
b. Husband's Vehicle(s): The 199___ Mazda Truck titled in
Husband's sole name shall be the sole and separate
property of Husband.
c. Ident ification: Identification of a Vehicle herein shall
include not only the Vehicle, but also the sale or trade-
in value thereof if it had been sold or traded in prior
to the date of this Agreement.
d. Transfer of Titles: The titles to the Vehicles shall be
executed by the parties, if appropriate, for effectuating
transfer as herein provided on the date of execution of
this Agreement and said executed titles shall be
delivered to the proper party on the distribution date.
Title and Power of Attornev:
For purposes of this
Paragraph the term "title" shall be deemed to include
"power of attorney" if the title to the Vehicle is
unavailable due to financing arrangements or otherwise.
e. Liens: In the event any Vehicle is subject to a lien or
encumbrance the party receiving the Vehicle as his or her
prop~rty shall take it subj ect to said lien and/or
- 22 -
10'
,
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
encumbrance and shall be solely responsible therefor and
said party further agrees to indemnify, protect and save
the other party harmless from said lien or encumbrance.
f. Waiver: Each of the parties hereto does specifically
waive, release, renounce and forever abandon whatever
right, title and interest they may have in the Vehicles
that shall become the sole and separate property of the
othe~ party pursuant to the terms of this Paragraph.
2.07.
REAL ESTATE
Husband has an ownership interest in several tracts of real
estate, owned jointly with Vernon R. Sealover, Dennis A. Sealover
and Jeff D. Sealover, trading and doing business as the Sealover
Group which ownership interest was acquired by the deeds recorded
in the Office of the Recorder of Deeds of York County, Pennsylvania
in Deed Book 103-E, Page 0401 and Deed Book 103-E page 0406, ("the
Real Estate"), which is encumbered with a mortgage owed to Commerce
Bank in the principal amount of $740,000.0 securing a Collateral
and Mortgage Note executed by the parties in their individual
capacities as well as by Husband as a partner of the Seal over
Group, ("the Mortgage") With respect to the Real Estate and the
Mortgage the parties agree as follows:
a. Conveyance: Wife shall make, execute and deliver a Quit
- 23 -
"'I
,,, ,----~ -~."" ." , -~ -
"
'i
.~ ,"'
b.
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
Claim Deed conveying, transferring and granting to
Husband all of Wife's right, title and interest in and to
the Real Estate, and Wife specifically waives, releases,
renounces and forever abandons all Wife's right, title
and interest therein.
The deed of conveyance therefor
shall be executed by Wife at the signing of this
Agreement and held in escrow by Wife's attorney's pending
the release of Wife from any and all liability under or
for the Mortgage and any related note obligation(s), at
which time the deed shall be delivered to Husband for
recordation.
Liens. Encumbrances and Expenses:
The said conveyance
shall be subject to all liens and encumbrances including,
but not limited to, the lien of the Mortgage, real estate
taxes and any other municipal liens. The conveyance
shall further be under and subject to any covenants and
restrictions of record. Husband shall hereinafter be
solely responsible for the payment of the Mortgage, real
estate taxes, other municipal liens and any and all other
expenses associated with the Real Estate, whether
incurred in the past, present or future, and shall
indemnify, protect and save Wife harmless therefrom.
- 24 -
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
c. Release: Husband shall secure a liability release of Wife
for any and all liability under the Mortgage or any other
lien or encumbrance against the real estate, or any
associated or related notes, within sixty (60) days of
the date of this Agreement so as to release Wife from
further liability thereunder. The costs of securing the
release shall be paid by Husband.
2.08.
RETIREMENT AND PENSION PLANS
Each of the parties does specifically waive, release, renounce
and forever abandon all of their right, title, interest or claim,
whatever it may be, in any Pension Plan, Retirement Plan, IRA
Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan,
Tax Deferred Savings Plan, any employee benefit plan and/or other
retirement type plans of the other party, whether acquired through
said party's employment or otherwise, ("the Retirement Plans").
Hereafter the Retirement Plans shall become the sole and separate
property of the party in whose name or through whose employment
said plan or account is held or carried. If either party withdraws
any sums from the Retirement Plans distributed to him or her
pursuant to the terms of this Paragraph, that party shall be solely
liable for any and all taxes and penalties resulting from that
withdrawal.
- 25 -
"_~" '.," -- ~"-, _'. ,d
'.,
"
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
2.09.
BANK ACCOUNTS/STOCK/LIFE INSURANCE
The parties acknowledge and agree that they have previously
divided to their mutual satisfaction all of their bank accounts,
certificates of deposit, bonds, shares of stock, investment plans
and life insurance cash value, ("the Accounts"). Hereafter Wife
agrees that all the Accounts held in the name of Husband shall
become the sole and separate property of Husband; and Husband
agrees that all the Accounts held in the name of Wife shall become
the sole and separate property of Wife. Each of the parties does
specifically waive, release, renounce and forever abandon whatever
right, title, interest or claim, he or she may have in the Accounts
that are to become the sole and separate property of the other
pursuant to the terms hereof.
2.10.
TAX PROVISIONS
The parties believe and agree that the division of property
made to be made pursuant to the terms of this Agreement is a non-
taxable division of property between co-owners rather than a
taxable sale or exchange of such property. Each party promises not
to take any position with respect to the adjusted basis of the
property assigned to him or her or with respect to any other issue
which is inconsistent with the terms of this Paragraph on his or
her applicable federal or state income tax returns.
- 26 -
o ~
.!" _"'~' ~~_.__o
'.,'
--~,-, ..",
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
.
SECTION
DISTRIBUTION
III
OF DEBTS
3.01.
WIFE'S DEBTS
Wife represents and warrants to Husband that since the
parties' marital separation she has not contracted or incurred any
debt or liability for which Husband or his estate might be
responsible. Wife further represents and warrants to Husband that
she will not contract or incur any debt or liability after the
execution of this Agreement for which Husband or his estate might
be responsible.
Wife shall indemnify and save Husband harmless
from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
3.02.
HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the
parties' marital separation he has not contracted or incurred any
debt or liability for which Wife or her estate might be
responsible. Husband further represents and warrants to Wife that
he will not contract or incur any debt or liability after the
execution of this Agreement for which Wife or her estate might be
responsible. Husband shall indemnify and save Wife harmless from
any and all claims or demands made against her by reason of debts
- 27 -
'",""-"-'
. ''C.,'-''" ~ ,--_~ -7'_- ~ "'r.,, ,,', .""" ',_
, "
-<, .,
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
,
or obligations incurred by him.
3.03.
MARITAL DEBT
During the course of the marriage, Husband and Wife have
incurred certain bills and obligations and have amassed a variety
of debts, ("the Marital Debts"), and it is hereby agreed, without
ascertaining for what purpose and to whose use each of the Marital
Debts were incurred, the parties agree as follows:
a. General Provision: Any debt herein described shall be
deemed to include the current balance owed on the debt.
Unless otherwise herein specifically provided, there
shall be no adjustment for the payment of any portion of
the Marital Debts that a party may have made prior to the
execution of this Marital Agreement, whether or not that
debt is specifically referenced in this Paragraph.
b. Husband's Debts: Husband shall be solely responsible for
the following bills and debts:
1. The Exxon and Texaco credit card accounts in
husband's sole name;
2. The IRS obligation for unpaid taxes in the
estimated amount of $ , believed to be
husband's sole liability or the liability of the
Sealover Group.
- 28 -
~-
. 0.. ..
.~ -~
, 0
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
,
3. Any vehicle loan for Husband's Vehicle(s) as
required and set forth in Paragraph 2.06 herein.
4. The Mortgage and the cost of securing the Release
of Wife's liability for the Mortgage as required
and set forth in Paragraph 2.07 herein;
5. Any and all expenses associated with the Real
Estate as required and set forth in Paragraph 2.07
herein.
6. Any and all taxes resulting from his withdrawal of
funds from his Retirement Plans set forth in
Paragraph 2.08 herein;
7. Any and all other debts, liabilities, obligations,
loans, credit card accounts, and the like incurred
in Husband's sole name, and not otherwise provided
for herein.
c. Wife's Debts: Wife shall be solely responsible for the
following bills and debts:
1. The J.C. Penney's, Bon Ton, Discover Card, and
Capi tal One credit card accounts in Wife's sole
name;
2. Any vehicle loan for Wife's Vehicle(s) as required
and set forth in Paragraph 2.06 herein.
- 29 -
,- -~,,'
. "'f ,- - ~-,_,~, ~,
. ,
-""~
.
.
".
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
3. Any and all taxes resulting from her withdrawal of
funds from her Retirement Plans set forth in
Paragraph 2.08 herein;
4. Any and all other debts, liabilities, obligations,
loans, credit card accounts, and the like incurred
in Wife's sole name and not otherwise provided for
herein.
d. Indemnification: Each party agrees to hold the other
harmless from any and all liability which may arise from
the aforesaid bills which pursuant to the terms herein
are not the responsibility of the other party.
e. Cancellation of Joint Debts: Any joint debt shall be
canceled so that neither party can make any further
charges thereunder, and if said charges are made in
violation of this Agreement, then the party incurring
said charge shall immediately repay the same.
f. Non-Disclosed Liabilitv: Any liability not disclosed in
this Agreement shall be the sole responsibility of the
party who has incurred or may hereafter incur it, and the
party incurring or having incurred said debt shall pay it
as it becomes due and payable.
g. No Further Joint Debt: From the date of this Agreement,
- 30 -
~,,~'
.',-'
",
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
.
.
each party shall only use those credit accounts or incur
such further obligations for which that party is
individually and solely liable and the parties shall
cooperate in closing any remaining accounts which provide
for joint liability.
h. Refinance: It is assumed that all of the above referenced
debts are in the name of the party who is assuming
liability for that debt. If however, any of those debts
are joint, then the party assuming liability therefor
shall refinance the same within sixty (60) days of the
date of this Agreement so as to release the other party
from any and all liability thereunder.
i. Innocent Spouse: in the event it is determined that the
aforesaid liability owed to the Internal Revenue Service
is a joint liability, husband acknowledges that wife is
an innocent spouse as the term is defined by the Internal
Revenue Code and husband shall cooperate with wife to
enable her to secure that status so that she will have no
liability for the payment of that tax obligation.
3.04.
INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this
Agreement shall indemnify, protect and hold the other party
- 31 -
. 0
, ~ - --.' - - .,.~". ,,, ':' ~ '. ~ -,
o.
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
.
"
.
harmless from and against all any and all liability thereunder,
including, but not limited to, any attorney's fees and costs
incurred by the other party as the result of defending against the
obligation and/or enforcing the provisions of this indemnification.
THIS SPACE INTENTIONALLY LEFT BLANK
- 32 -
'.. ^ '.-'>~-,', ^,- ,,- ~ - "'"
. _ , __"H,_1_.', _ ',,'
" ,.
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
<
..'
.
SECTION IV
COUNSEL FEES AND COSTS, ALIMONY,
SPOUSAL SUPPORT, CHILD CUSTODY AND
SUPPORT, AND INCOME TAX PROVISIONS
4.01. WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or
claim each may have, both now and in the future, against the other
for counsel fees, costs and expenses.
4.02.
ALIMONY AND SUPPORT
The parties hereto agree and do hereby waive any right and/or
claim they may have, both now and in the future, against the other
for alimony, alimony pendente lite,
spousal support and
maintenance.
4.03.
CUSTODY
With respect to the legal and physical custody, the parties
agree that the custody issues have been previously resolved by the
entry of an Order by the Court in the within captioned case and
therefore this Agreement is not intended to govern custody matters.
- 33 -
,,< -~ -"0 ~__.' ~__ _~:'__~ ,.,
---~-,_ _ _ '=, !'r' -~ '"
.-.,."
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT: REVISED 6.3.02.
<
-'
.
4.03.
CHILD SUPPORT
With respect to child support, the parties acknowledge that
the custody issues have been previously resolved by the entry of an
Order by the Court and therefore this Agreement is not intended to
govern child support matters.
4.07.
DEPENDENCY EXEMPTIONS
Wife shall be entitled to claim the dependency exemption for
the parties' Child, Kelli R. Sealover, on her applicable tax
returns, and Husband shall refrain from claiming that exemption.
Husband shall be entitled to claim the dependency exemption for the
parties' Child, Heather N. Sealover, on his applicable tax returns,
and Wife shall refrain from claiming that exemption. Wife agrees
to sign the IRS form allowing Husband to claim the dependency
exemption for the child, Heather N. Sealover, even though the child
is living with Wife.
THIS SPACE INTENTIONALLY LEFT BLANK
- 34 -
-,-~t.~
,'.'
.< <i
-"
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
.
"
,
SECTION V
CLOSING PROVISIONS AND EXECUTION
5.01.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, but all of which shall
constitute one and the same agreement.
5.02.
FACSIMILE SIGNATURE
Each party agrees to accept and be bound by facsimile
signatures hereto.
5.03.
BINDING EFFECT
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ
AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE
PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have signed sealed and acknowledged this
Agreement in various counterparts, each of which shall constitute
an original.
- 35 -
c
~ ",'" c_,_ ,~ . "_, " _0=._
. ,~,_ _ _ _ c ,_,.
--'
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
,
~
WITNESS:
11JJ1~,j jQaJ~
M LISSA L. SEALOVER
(SEAL)
Date: /;)-[)(o-U]
~qJ'~EAL)
JEFFREY D. SEALOVER
Date:
t "2. - 2.-3 -03
- 36 -
^ ",~,:-,- 'c'" " ~
MELISSA SEALOVER/4.26.02. MARITAL AGREEMENT; REVISED 6.3.02.
(
.
~
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the day of , 2002, before me the
undersigned officer, personally appeared, MELISSA L. SEALOVER,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that
MELISSA L. SEALOVER executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NOTARY PUBLIC
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF YORK
On this the e2 'J/::Eday of V-~<---I3=""iZ.. ,2002, before me the
undersigned officer, personally appeared, JEFFREY D. SEALOVER,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the wi thin Agreement, and acknowledged that
JEFFREY D. SEALOVER executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I
seal.
have hereunto set my hand and notarial
~z:p
;f NOTARY PUBLIC
My Commlsslon Explres:
Notarial Seal
Halvanl E. Alexander. Notary Public
DiUsburg Bora. York County
My Commission Expires Apr. 23. 2005
Member. PennsvlvaniaAssociafionolNolaJjes
- 37 -
" "- ~" "
, "'"'---',~,.
- = <-
" ,
---"''''
~'"'" . "
.",.,.
C"
n
,.
>
.
~
.-'
c -~
C"::J
'-'-'
()
-n
_-1
r'~;l~
~::8
~j:(;~!
L~ ~~:-~
LJ(n
;..::::1
~
c:
I
C'J
r,,_)
L.:,i
C',:)
f',,1
"'"
....~Hffl.
_.."...q!$l~R!f!I~iJll"""'~I~
MELISSA L. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
DIVORCE
PRAECIPE OF TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for
entry of a divorce decree:
1. GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2.
DATE
a.
b.
c.
OF FILING AND MANNER OF SERVICE
Date of FilinG of Complaint:
Manner of Service of Complaint:
Date of Service of Complaint:
OF THE COMPLAINT:
March 29, 2000
Defendant's Attorney Accept. of Service
June 30, 2000
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF
THE DIVORCE CODE:
a. Plaintiff: December 23, 2003
b. Defendant: December 26, 2003
OR
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF
THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON
THE DEFENDANT:
a. Date of Execution: N/A
b. Date of FilinG: N/A
c. Date of Service: N/A
4. RELATED CLAIMS PENDING:
All issues have been resolved by a Marital Agreement dated 12/26/03, to be
incorporated into but not merged with the decree.
5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO
TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED
UNDER SECTION 3301{D) (I) (I) OF THE DIVORCE CODE:
a. Date of Service: N/A
b. Manner of Service: N/A
OR
DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE
PROTHONOTARY:
a. Plaintiff's Waiver: December 29, 2003
b. Defendant's Waiver: December 29, 2003
'""
'\
CLIFF, ESQUIRE
Road
:-"'J ~ ~~, ~
--
~~'"'r:'O~ ~--
~~~, r ~'"
(")
c.:
<"~
~1~
-,.....-;""
~~~
2~
--2
"'"
=
=
<-.0..>
o
"1
"
I'.)
V;;;
o
-n
:2
m:D
-051
'"'CJ
00'
---;-t,j
("'....n
'>0
:z: .
Om
~I
?c;
-<
:a.
Z
'?
",
'-D
_~!tVlp;j
~Y' ",__~"w"'1"'~_"",~,~'lIIl~I~_~~ ~~." ,"l'!ml,..".,.......,....
e""'f~1
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA L. SEALOVER,
Plaintiff
v.
NO. 'd.CXJC)- \C\O~ ~\-eJiV\
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
DIVORCE
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 custody or visitation 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 at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOS~ 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, PA 17013
(717) 249-3166
~",_,_,~"_,___",,"_,:.",,._,,,_t__ -~_~_""_._ '..<" ",";__, -__l,_~""'__~,"'~"_~:''''_,: "';___~,,"'",~._, ~~,,' ',"_~',
'-,;-~ '__'_".'c,~__'~_,_~___,,_I ,,~ ^' '._._,_"1':;'_,."
. -,' ~'""-~'--:~'---"--~-'-
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA nOll
(717) 737-0100
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA L. SEALOVER,
plaintiff
v.
NO. '}. ffV / 9 () '; Ce.;;w .,- .f.-t--
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
DIVORCE
COMPLAINT
AND NOW, this d-Q~ day of ~0) J._ 2000,
Plaintiff, MELISSA L. SEALOVER, by her attorney,
comes the
DIANE G.
RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the
following is a statement:
COUNT I: DIVORCE
1. The Plaintiff is MELISSA L. SEALOVER, an adult individual
residing at 900 Allenview Drive, Mechanicsburg, PA 17055.
2. The Defendant is JEFFREY D. SEALOVER, an adult individual
residing at 123 East Keller Street, Mechanicsburg, PA 17055.
3. Plaintiff and/or Defendant have been bona fide residents of
the Commonwealth for at least six (6) months previous to the
filing of this Complaint.
4. plaintiff and Defendant were married on November 15, 1986 at
Carlisle, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of counseling
and the right to request that the Court require the parties to
participate in counseling.
- 2-
',.u. . .. '''-'<'' 'hr' >-''''0_ .- .. ~-- ...... "F_,,"='<',,!,,' .. .. .. .>, ~, .,. ,~ . '". "0".' .. 'n_" .. .-- . -'C-- . " -
.'
DIANE Go RADCLIFF
3448 TRlNDLE ROAD
CAMP ffiLL, PA 17011
(717) 737-0100
7. The Defendant is not a member of the Armed Services of the
United States or any of its Allies.
8. The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken;
Or in the alternative,
b. That the parties separated the last week of January, 2000
and are now living separate and apart, and at the
appropriate time, Plaintiff will submit an Affidavit
alleging that the parties have lived separate and apart
for at least two (2) years and that the marriage is
irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
Respectfully submitted,
L F, ESQUI E(
e Road
Hill, PA 17011
rt ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0697
- 3 -
:~"~,-,,"^;=:-- ~---'T--'- "":"'_-":~, ._-'Y'" _""__"""'_.".P),,,__,,_ ____~.., -"" ,,;,. ~.
, _1 '0:'.,-,=,'__",.,,-.. '.' ."'~_, _~ ,.'" '"'~,',"'_^ .'. '_'~__"="'., ~ - " _. ---
',,,,,"' "
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
VERIFICATION
MELISSA L. SEALOVER verifies that the statements made in this
Complaint are true and correct. MELISSA L. SEALOVER understands
that false statements herein are made subject to the penalties of
18 Pa. C. S. Section 4904, relating to unsworn falsification to
authorities.
'-m~;jjk~,
MELISSA L. SEALOVER
- 4-
-"-, ,--,--,--~_c """"'-'~j 1..-." ",,-_:-..,"~<_,"_, _~y" .'.' "~-{_,- --'--~''"''''?___'f'_!'_''_'
,__.>0' _-"-_'~_ , ,'M.
..
n ..." , "'_ o.__~_.~ ._^
-"1.'
_l_ .. ~"
.
..
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA L. SEALOVER,
Plaintiff
v.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
DIVORCE
ACCEPTANCE OF SERVICE
I, Jane Alexander, Attorney for the Defendant in the above
captioned action, being duly authorized by said Defendant, hereby
accept service of the Complaint in Divorce filed in the above
captioned matter on April 10, 2000.
'-' ~ '-_-,f~ ._~-,":'-"", '-.' ",=,~~~,,:",)~_,~B'/'1'''\;;~"'}'::''-ri1--,,-''''~r '"-1'_,_'""''_''_'-''';''''--''' __ ,.y,_",<_ .,_,__y._~__'~_. '.-",'_,-c'__".'" ~ " __~o"""'_~. .~_'__". _.
\
~-"'~
~!~
...
o
C
7:-'"
-o!-'.c.~,
1:p ft~
/_.......-'
2T
0,!;::
r:::c.:
3>~
5~
L.~
---I
-<
. .~.
L"J
C)
<--
~;;;
~~
,.0
, .,~~
t7)
C>
.-_~-n
2!51;~
---l
;:s:
__.J
-<
.~
-:i:....
f'.,..1
:.n
,~,..,!IJIlI!!
,,--.,IJI
MELISSA SEALOVERj12.S.01. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA L. SEALOVER,
Plaintiff
V.
JEFFREY D. SEALOVER,
Defendant
NO. 2000-1908 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on Marc-h -29, -WOO..
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry 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.
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.
Dated: \').../2-&/0':>
l1Jl~J,~
EL SSA L. SEALOVER
',~ ,~,~"
II...."". ^"
. -
,
"
~r~
.~. .... ,~!fl!Il!M~m,.
0 ....., 0
=
c = "T1
~-' '-'-'
~~~f~ <:::> -I
r-1 Xii
,..:::. ~::;-:. C-;; nlp
..G_ r.' N "orn
U'r ",0_, ::09
..< ~-;--. '.D 90
r-
-- ,-.' ~""-i
>- ;;;.~. ~"Tl
.::. , , 0---
;?:. i:,: :::i: ~/O
r)m
,P" C m :::'}
Z; ::>.
-< <'" ::.:.0
en -.-;::
~.~ ~._o,. . 0" "llN~",. u_~........~~'N\l!llN~~~!Wi!!~6i(lllmQ~_.IIJJ~!l!Ill'U!ll
MELISSA SEALOVER/12.5.01. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA L. SEALOVER,
Plaintiff
V.
NO. 2000-1908 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
JEFFREY D. SEALOVER,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 33UI(C) OF THE DIVORC~ CODE
1. I consent to the entry of a final decree in divorce without
notice.
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 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 Waiver 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.
Dated:~2L /0'7:.>
,'<~
....
..",-"~
.~
-"~~,
"." ,"
0 ....,
c = 0
=
2m <.0.> "
0 -t
j!>'-"i :T.:-n
~5~:{: n m-'
f'V _ r
:Bt;3
S:::-C:'; 0<0 0'
-,-,0
~[f;2 ??~ -:c-r
ci:n
_...,~ zO
'- 9? om
~,
.L. ~
--j f'0
-(
0' :<
!Jl"pm!~
. !~"'I"~
,...",~""",,,I~rifil
~
-.,
~r:.[7"'~\~1D
MELISSA L. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 2000-1908
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce
Code was filed on March 29, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry 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.
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.
Dated:_lZ-23 -~l
JCF~EA~~
'",,'"
.
"'
~-
"I!:JIll~)IJllII~
() .....,
~ = 0
'- = .."
2~ <.<.>
0 --I
1"', :r:
<J n1;2
;z;; t,~. N -om
.~. \D :oQ
!~'.: 0'
-10
~~::=.~ :r:m. :c::!J
-"'- C)-.!2
>c: ZO
en ,~"m
'-'
Z h...-l
~'
=~ f',J -.'
:D
cr, -<
'^,
",~,_~~~~Il1IIJli"!~,~~~~~!l!II~~,
MELISSA L. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 2000-1908
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without
notice.
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 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.
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.
Dated: )'"2,-"&"3 B~
JEFF~~OVER
- ~-
~-'~-
F'l!IIm~ _~._~~_"~_""',~_,~
0 ...., 0
=
c = -n
? '"'-'
~ ~-D c ::;:!
rn ;-;-'1 P"l --.,.,
:Z::L" <""") n1p
U:s: N -om
:1)0
- U> 0'
,-' ._,,(J.
c~ I....j
~~\, :z;,,, O:'J
_.L" ,-.
--:;or'-.'
co (sril
-,
~ N ?{;
0" -c
,- ,
~~-"w,~~'If!~_"iI'I!Iilm~I!l!l_I~~~~~~
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1, ALL DIVORCES MUST INCLUDE THE
PARTIES' SOCIAL SECURITY NUMBERS. PLEASE FILL IN THE APPROPRIATE
INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE.
COUNTY Cumberland County, PA
DOCKET NUMBER No. 2000-1908
PLAINTIFF'S NAME Melissa 1. Sealover
PLAINTIFF'S SS # 211-48-8040
DEFENDANT'S NAME Jeffrey D. Sealover
DEFENDANT'S SS# 162-48-2443
"'i: j 4~
, ~
-
.
JEFFREY D. SEALOVER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MELISSA L. SEALOVER,
Defendant
00-1908 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of Au~ust, 2001, hearing in
this matter is continued to August 29th, 2001, at 1:00 p.m.
Pending said hearing, our order of September 6th,
2000, shall be modified as follows:
1. Father shall have visitation with the children
every other week beginning Wednesday at 7:00 p.m. until Sunday at
7:00 p.m., to commence Wednesday, August 8, 2001.
2. Heather is ordered to participate in that
visitation, even if it means staying at grandparents' house.
3. Father is directed to immediately make
arrangements to schedule family counseling for he and his daughter
Heather.
4. Transfer of custody to be at the Holiday Inn,
Exit 23 off 63 West, in Grantsville, Maryland.
5. The parties should share the cost of testimony of
Dr. Stanley Schneider. It is the Court's understanding that that
will be $750.00. Each party shall pay Dr. Schneider $375.00
within 10 days of today's date.
Except as modified herein, the order of September
6th, 2000, shall remain in full
~
t~~
By
Edward E. Gu~ao, J.
<<"--1
I
,
-1-
'.P.
...
.
Jane Alexander, Esquire
For the Plaintiff
Diane Radcliff, Esquire
For the Defendant
It
~,
~ ._ I,
"
~- ""
\/IN\I/\l,\'SNN3d
}JNnO:J il"fl'!"Cg:J'\n8
"","'" .n ~ \\..1
c,c...o \l'\.\i
o I ~IW \0
AtJ\l'lCl.".,<;\.j..'..,' ,1. "'~,
~]J\:!::;O- - ,b~\'~';
~,',~
~ ~, ..
1""-
-
..
,-~
/.1.Nl'8'lmr:!I!!~_,..~ ~~!lP!!!i!
~..
i!I
J
.
JEFFREY D. SEALOVER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-1908 CIVIL TERM
.
.
MELISSA L. SEALOVER,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF <XXlRT
~~ daYOf~
Custody Conciliation Report,
AND 1lDf, this
consideration of the attached
and directed as follows:
, 2000, upon
it is ordered
1. 1'he Father, Jeffrey D. Sealover, and the Mother, Melissa L.
Sealover, shall have shared legal custody of Heather M. Sealover, bom
April 9, 1987, and Kelli R. Sealover, bom February 6, 1990. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to all decisions regarding their
health, education and religion. Pursuant to the terms of this paragraph
each parent shall be entitled to all records and information pertaining to
the Children including, but not limited to, school (including report cards,
school schedules and special event notifications) and medical records and
information. To the extent one parent has possession of any such records
or information, that parent shall be required to share the same, or copies
thereof with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. Each party
shall provide the other party with at least 48 hours advance notice of
school or other activities, whenever possible. Emergency decisions
regarding the Children shall be made by the parent then having physical
custody, but that parent shall communicate to the other parent the nature
and extent of the emergency and shall provide that parent with all
information pertaining to the treatment so that the other parent may be
involved in the decision making process at the earliest possible time.
Non-major decisions involving the Children's day to day living shall be
made by the parent then having custody.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial physical custody of the Children on
alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. In
addition, the Father shall have custody every week from Wednesday at 4:00
p.m. through Thursday, when the Father shall transport the Children to
school or, if Thursday is not a school day, to the Mother's residence at
7:30 a.m.
4. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CBRISTMl\S:
The Christmas holiday shall be divided into
7 ~,
c<'_
I
. .
~~
-
,
.
., <.ur
,
Segment A, which shall run from December 24 at 9:00 a.m.
through December 25 at 12:00 noon, and Segment B, which shall
run from December 25 at 12:00 noon until December 26 at 6:00
p.m. The Mother shall have custody of the Children during
Segment A in odd numbered years and during Segment B in even
numbered years. The Father shall have custody during Segment
A in even numbered years and during Segment B in odd numbered
years.
B. THANKSGIVING: The Thanksgiving holiday shall run from the
Wednesday before Thanksgiving Day at 6:00 p.m. through
Thanksgiving Day at 6:00 p.m. The Father shall have custody
of the Children over Thanksgiving in odd numbered years and
the Mother shall have custody in even numbered years.
C. EASTER: The Easter holiday shall run frcm the Saturday before
Easter at 6:00 p.m. through Easter Sunday at 6:00 p.m. The
Father shall have custody of the Children on Easter in odd
numbered years and the Mother shall have custody in even
numbered years.
D. MEMCIUAL DAY/IJIBCR DAY: The period of custody on Memorial Day
and Labor Day shall run frcm the Friday before the holiday at
4:00 p.m. through the holiday at 6:00 p.m. In odd numbered
years, the Mother shall have custody of the Children on
Memorial Day and Labor Day I and in even numbered years, the
Father shall have custody of the Children on Memorial Day and
Labor Day. If the Memorial Day or Labor Day holiday weekend
custody period results in a parent having custody for more
than two consecutive weekends, the party entitled to the
holiday weekend shall exchange weekends with the other parent
so that neither parent has custody of the Children for more
than two consecutive weekends.
E. INDEPmDENCE DAY: The period of custody over the Independence
Day holiday shall run frcm the evening before Independence Day
(observed) at 6:00 p.m. until after the fireworks on
Independence Day (observed), if the parent who has holiday
custody is taking the Children to the fireworks. If the
parent who has custody of the Children over the Independence
holiday is not taking the Children to the fireworks, the
period of custody shall end at 6:00 p.m. on Independence Day
(observed) .
F. MarDER'S DAY/FATHER'S DAY: In every year, the Mother shall
have custody of the Children on the Mother's Day weekend from
Saturday at 6:00 p.m. through Sunday at 6:00 p.m. In every
year, the Father shall have custody of the Children on
Father's Day weekend from Saturday at 6:00 p.m. through Sunday
at 6:00 p.m.
G. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
','Jl
~ ~~!'
11. In the event the Father's period of holiday custody falls
immediately preceding or following the Father's regular
period of custody, the holiday/regular period of custody shall
run continuously without interruption.
5. Each party shall be entitled to have custody of the Children for
three non-consecutive weeks each sununer upon providing at least 30 days
advance notice to the other party. Each party shall schedule his or her
periods of custody under this provision during one week in June, one week
in July and one week in August each sununer. In the event of a conflict in
the selection of vacation custody, the first parent to notify the other
parent of his or her selection of dates shall have the right to exercise
custody on the weeks selected and the other party shall select other times
for his or her weeks. To the extent possible, each party shall schedule
his or her periods of custody under this provision to include that party's
regular alternating weekend period of custody. In the event it is not
possible or practical to avoid scheduling a period of sununer vacation
custody over the other party's regular weekend custody period, the parent
selecting the summer vacation custody shall exchange weekends with the
other parent so that neither parent has custody of the Children for more
than two consecutive weekends.
6. The party receiving custody of the Children shall be responsible
to provide transportation for the exchange of custody, unless otherwise
agreed between the parties.
7. Each party shall ensure that the other parent has his or her
current address and home telephone number where the Children can be
contacted while in that party's custody.
8. The non-custodial parent shall be entitled to have reasonsble
telephone contact with the Children.
9. Neither party shall remove the Children from the jurisdiction of
the Court of COmmon Pleas of CUmberland County, Pennsylvania on a permanent
basis, except by agreement of the parties or by Court Order.
10. In the event either party intends to remove the Children from the
Commonwealth of pennsylvania for more than 48 hours, that party shall
provide advance notice to the other party, along with the address and
telephone number where the Children can be contacted.
11. Neither party shall discuss any aspect of the custodial situation
with the Children or involve the Children for purposes of conveying
information or inquiry pertaining to the Children to the other party.
12. In the event either party is going to be out of town or otherwise
unavailable to exercise his or her custodial periods, that party shall
notify the other party accordingly and provide the other party with the
opportunity to have custody for the period of unavailability.
13. Neither party shall make any derogatory comments about the other
party in the presence of the Children and to the extent possible shall
prevent third parties from making any such comments in the presence of the
""-
-!
,
Children.
14. This order is entered pursuant to an agreement of the parties at a
Custody conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent I the terms
of this order shall control.
cc:
Jane M. Alexander, Esquire - Counsel for Father
Diane G. Radcliff, Esquire - Counsel for Mother
~
C~'l'OO
R~
_.~, .
- ~-
. "
..
MN'I;''J.
AJ.Nnn-\ ~' SN/\/jd
"''-',) l '\:'/:,!,"I.:,,....,.
. ". ""...;1'11""
., l.'/yrIQ
..,>
GC :01 lJr;
I"..,
,I'>'" "
CV..:.CdJ:
.~" .1 I
_',,1;./
!
"J.,
l
CjS CO
J:
~-=
>< 0
_~"' ..,",~_" .of~_,""",lI'l!!I1lIt
Ii__.
r ,..,~
"''''.-_''!''ft~'L'''!WI!>'~M~!I1'''''~I'l!l~;m~_ f':~J!.illI!i!~~Jll",,'~UillOO
JEFFREY D. SEALOVER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-1908 CIVIL TERM
.
.
MELISSA L. SEALOVER, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
CIlS'l'OOY CDlCILIATIGN SUMMARY REPOOT
IN ACOORDANCE WITH CUMBERLAND CXXlN'.lY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
Subjects of this litigation is as follows:
DATE OF BIRTH
NAME
CllRRENTLY IN UJ::>"".1'Ou:i OF
Heather N. Sealover
Kelli R. Sealover
April 9, 1987
February 6, 1990
Mother
Mother
2. A Custody Conciliation Conference was held on August 30, 2000,
with the following individuals in attendance: The Father, Jeffrey D.
Sealover, with his counsel, Jane M. Alexander, Esquire, and the Mother,
Melissa L. Sealover, with her counsel, Diane G. Radcliff, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Jlv.SAMl+-- (!?( c'7eo6
Date - {
",4dJ~
Custody Conciliator
-. < ~,,' "
'0_':: .. __'0
..
,
#
~
>JtlJ.. ~ . "1111'
JEFFREY D. SEALOVER,
plaintiff
IN THE <XlORT OF <XlMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:
vs.
: NO. 00-1908 CIVIL TERM
:
MELISSA L SEALOVER,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
OODER OF COORT
AND lOl, this IS"tIJ day of UuJ Y
consideration of the attached Custody Conciliation Report,
and directed as follows:
, 2001, upon
it is ordered
A Hearing is scheduled in Court Room 11.5 , of thfA A J )
Cumberland County Court House, on the /It/. day of !tl.t,/;lA..d ~ -{p- ~
2001, atM"~ o'clock, ~.m., at which time testimony will be taken.
I~
For purposes of the Hearing, the Mother, Melissa L. Sealover, shall be
deemed to be the roving party and shall proceed initially with testimony.
Counsel fot" the parties shall file with the Court and opposing counsel a
Memorandum setting fot"th each party's position on custody, a list of
witnesses who are expected to testify at the Hearing, and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at
least ten (10) days prior to the Hearing date. 7lt- ~ CN-- ~/~
I. "' 0 ht ~ -t:" ~ ~ ..P+- ~ ~ c..u .
IP (1-00( ....,.......... .
) /1-.....,..$. ,., eJ U () I .:t ,: '; 0' . ty/ . .
fI'V\. ,.... - "0.' .I BY <XlORT, f' ~ ';;-lo,
~ 1-J9-O I \><1\
'.,.~. j
I"".
J.
.:~
,-",J _
,:?:i~:~
'/3,1- .;.5/;.}
for Father - '1" I{I'
for Mother
:j'-:i
. cc:::..'J~()j1. Alexander, Esquire - Counsel
_ . Diarie;G. Radcliff, Esquire - Counsel
." ~/ rf
'--."-', --'
C)
\
;i:'>,""H~
~
J
J
JEFFREY D. SEALOVER, : IN THE COURT OF COMMON PLEAS OF
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . NO. 00-1908 CIVIL TERM
.
.
.
MELISSA L SEALOVER, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
PRIeR JUDGE: Edward E. Guido
CUSTCDY CDlICILIATICl.'l stlMMARY REPCRT
IN ACCXlIDANCE WITH CUMBERLAND CXXlNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTCDY OF
Heather N. Sealover
Kelli R. Sealover
April 9, 1987
February 6, 1990
Mother
Mother
2. The Mother had previously filed a petiton for Modification based
on her desire to relocate to West Virginia. At the COnciliation Conference
on october 18, 2000, the parties agreed to obtain a custody evaluation to
assist in determining the best interests of the Children in connection with
the proposed relocation.
3. Pursuant to the October 25, 2000 Order providing for the custody
evaluation, the Conciliator has received a request from the Mother's
counsel to now schedule a Hearing on the Mother's Petition to Relocate as
the parties have not been able to reach an agreement even with the
assistance of Stanley Schneider's recommendation.
4. The Conciliator proposes an Order in the form as attached
scheduling a Hearing on the Mother's Petition for Relocation. The Mother
has requested that the scheduling of the Hearing be expedited as she plans
to move to West Virginia within a month.
~ / CJ....( ::J.0o /
Date
{~
Dawn S. Sunday, Esquire
Custody Conciliator
rl~.
":
"
. ,
"
"
<
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO. o-v _ IgOr ~ 14--/
JEFFREY D. SEALOVER,
Plaintiff
MELISSA L. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this .2& I"- day of 1l{A-1 ./ ,2000, upon
consideration of the attached complaint, it is hereby directed that the parties and their
respective counsel appear before w/J f"<s: v; /.e
conciliator, at "3 q W.
the ao+h day of ...J\ )ne ,2000, at --L:-.OO... .M., 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 define and narrow the issues to be
heard by the court, and to enter into a temporary order. Either party may bring the child
who is subject of this custody action age 5 or older to the conference, but the
child's/children's attendance is not mandatory. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
, the
on
FOR THE COURT,
By {).C:.mJ:,f.;; 4<;,
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, PA 17013
(717) 249-3166
,.'r-.
-~
jlll.if"' " ....,",,,,," ' "'~~~' "" ~jliijW"'~""" '. "~- ;1iiIiliiI
fl.;) '7 -OZJ
'18-/-0tJ
f(- ;))-tJt?
'.
r ., ~.:~: .~',3
r ~::: f~.;' ~- '\, .,.
,', ,-,: :~, l"ry
C\ 1)"1":':,-;:,,1 '"j',,),) \j-..!.JI\jl,
'..Ji'!.~,,::-, ;~.. "". 'I " ',',I\lI::
r't:I\I~cd'L...'/n ",,\
{}vi ~~~~4
~~~~~
t'~~7z;~~
II
,
JEFFREY D. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
vs.
NO.
MELISSA L. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A Judgment may also be entered against you for any other claim
or relief requested in these papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the office of the Prothonotary at the Cumberland County Court House, One Courthouse
Square, Carlisle, Pennsylvania 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
I[
.'
JEFFREY D. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
vs.
NO.
MELISSA L. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
NOTICIA
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que
si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede
ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra
por cualquier otra queja 0 compensacion rec1amados por el demandant. Usted puede perder
dinero, 0 propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una !ista de consejeros
matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER
EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI
NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA
INDlCADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
","",'
I'
/I
JEFFREY D. SEALOVER,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. iJ1) - /901 CuJ;.J, L-
Plaintiff
VS.
MELISSA L. SEALOVER,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
COMPLAINT FOR CUSTODY
AND NOW, TO WIT, this ~ of
comes the Plaintiff, Jeffrey D. Sealover, by and through his att
,2000
ney, Jane M. Alexander,
Esquire, and files this Complaint of which the following is a statement:
1. Plaintiff is Jeffrey D. Sealover, an adult individual who currently resides at 123
E. Keller Street, Borough of Mechanicsburg, Mechanicsburg, P A 17055.
2. Defendant is Melissa L. Sealover, an adult individual who currently resides at 900
Allenview Drive, Upper Allen Township, Mechanicsburg, PA 17055.
3. Plaintiff and Defendant were married on November 15, 1986. Separated on
January :20, 2000. Defendant filed for divorce in the Court of Common Pleas of Cumberland
County on March 29,2000 to No. 2000-1908. Divorce is pending.
4. Plaintiff and Defendant are the natural parents of two (2) minor children, Heather
N. Sealover, age 13 year, born April 9, 1987 and KeIIi R. Sealover, age 10 year, born
February 6, 1990.
5. Plaintiff seeks joint legal custody and primary physical custody of the said
children.
6. The children are presently in the custody of the Defendant.
7. During the past three (3) years the children have resided with the following people
at the foIlowing addresses:
--,-
II
From 1995 to January 20, 2000
Gettysburg Pike,
with Plaintiff and Defendant at 345
Mechanicsburg, PA 17055
with Defendant at 900 Allenview Drive,
Mechanicsburg, PA 17055.
8. The relationship of the Plaintiff to the children is that of natural father.
From January 20,2000
9. The relationship of the Defendant to the children is that of natural mother.
10. The Plaintiff has not participated as a party or as a witness, or in any other
capacity, in other litigation concerning the custody of the children in this or another court.
11. The Plaintiff has no information of a custody proceeding concerning the children
pending in any other court within this Commonwealth.
12. The Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the children or claims to have custody or visitation rights with respect to
the children.
13. The best interests and permanent welfare of the children will be best served by
granting the relief requested because Plaintiff can provide a more stable environment for the
children and is able to provide more care and is more involved with the children and their
activities.
WHEREFORE, Plaintiff requests your Honorable Court to grant him joint legal
custody and primary physical custody of the subject children.
Respectfully submitted,
~i"
!I
I
Verification
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.
DATE ~'f' &a; ~
~4hQO
Jeffrey D. Sealover
----
COMMONWEALTH OF PENNSYLVANIA
S.S.
COUNTY OF YORK
Before me, the undersigned officer, a Notary Public, in and for the said
Commonwealth and County, Personally appeared Jeffrey D. Sealover who, being affirmed
according to law, deposes and says that the facts and matters set forth in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief.
Jeffrey D. Sealover
Notarial Seal
Halvard E. Alexander, Notary Public
Dillsburg BOlO, York County
My Commission Expires April 23. 2001
Member. Penns,r!V;;ll"'\;^ -~ '-:".~btinn of Notaries
1---
-;<', ~",,- -.
", ,~
<,'
. c
"'_"'~'"_'!~_ _, _T_,_,_~,_._", .
-!IIIIIIJI!I!!!
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP ffiLL. PA 17011
(717) 737-0100
"~C.P
IN TEE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY D. SEALOVER,
Plaintiff
NO.00-1908 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
V.
MELISSA L. SEALOVER,
Defendant
DEFENDANT'S ANSWER AND
CROSS CLAIM TO CUSTODY COMPLAINT
.ntl..
AND NOW, this D' day of June, 2000 comes the Defendant, Melissa
L. Sealover, by her attorney, Diane G. Radcliff, Esquire, and files
this Answer and Cross Claim to Custody Complaint as follows:
ANSWER
1.
It is admitted that the Plaintiff Is Jeffrey D.
ADMITTED.
Sealover, residing at 123 East Keller Street, Mechanicsburg
Borough, Mechanicsburg, PA 17055.
2 .
It is admitted that the Defendant is Melissa L.
ADMITTED.
Sealover residing at 900 Allenview Drive, Upper Allen
Township, Mechanicsburg, PA 17055.
3 .
It is admitted that the parties were married on
ADMITTED.
November 15, 1986; separated on January 20, 2000; the
Defendant filed for a divorce in the Court of Common Pleas of
Cumberland County, on March 29, 200 to No. 2000-1908; and that
the divorce is pending.
4. ADMITTED. It is admitted that the parties are the parents of
. ~","- ",~, ~-=o_ __"' ',- '"i" ,~.~ ".
,.cr;"'"""
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP IllLL. PA 17011
(717) 737-0100
,-",-,-,,"
two minor children, Heather N. Sealover, age 13, born April 9,
1987 and Kelli R. Sealover, age 10, born February 6, 1990
5.
ADMITTED.
It is admitted that Plaintiff seeks legal and
physical custody of the said children.
6. ADMITTED. It is admitted that the children are in the custody
of the Defendant.
7. ADMITTED. It is admitted that during the past five years the
children have resided with the following persons and at the
following addresses:
PERSONS ADDRESSES DATES
Plaintiff and 345 Gettysburg pike 1995 to
Defendant Mechanicsburg, PA 1/20/00
Defendant 345 Gettysburg pike 1/20/00
Mechanicsburg, PA to
2/15/00
Defendant 900 Allenview Drive 2/15/00
Mechanicsburg, PA to
present
8. ADMITTED. It is admitted that the relationship of the
Plaintiff to the children is that of natural father.
9.
It is admitted that the relationship of the
ADMITTED.
Defendant to the children is that of natural mother.
10. ADMITTED. It is admitted that Plaintiff has not participated
as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or
another court. By way of further answer it is averred that
Defendant has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody
Page 2 of 5
.- L _ ""-c'_ ;_~ _"",_"', "";<,,_,,,_,:,0,"_ _~, _ _ _,n - _ "
,- -.~ - ,,,-
-,.-
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP IIILL. PA 17011
(717) 737-0100
of the children in this or another court.
11. ADMITTED. It is admitted that Plaintiff has no information of
a custody proceeding concerning the children pending in a
court of this Commonwealth. By way of further answer it is
averred that Defendant has no information of a custody
proceeding concerning the children pending in a court of this
Commonwealth.
12. ADMITTED.
It is admitted that Plaintiff does not know of a
person not a party to the proceedings who has physical custody
of the children or claims to have custody or visitation rights
with respect to the children. By way of further answer it is
averred that Defendant does not know of a person not a party
to the proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to
the children.
13 . DENIED.
It is denied that the best interest and permanent
welfare of the children will be served by granting primary
custody of the children to Plaintiff because he can provide a
more stable environment for the children and is able to
provide more care and is more involved with the children and
their activities.
WHEREFORE, Defendant requests the Court to deny Plaintiff's
request for j oint legal and primary physical custody of the
children.
CROSS CLAIM FOR CUSTODY
14. The Defendant incorporates by reference the averments set
Page 3 of 5
,'_0-.', _ . '--"'0 I ',' ~'_T __ _'".,
,_"-,,,--,",!,,:,-~,"
_", - I '" -",~,_
,<
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP IllLL, PA 17011
(717) 737-0100
forth in paragraphs 1 through 13 the same as though fully set
forth at length.
15. The best interest and welfare of the children would be served
by granting joint legal custody and primary physical custody
of the children to the Defendant because:
a. The Defendant can provide a more stable environment for
the children;
b. The Defendant is more involved in the activities of the
children;
c. The Defendant has a better relationship with the
children;
d. The Defendant is better able to provide for the physical
and emotional well being of the children;
e. The children want to live with the Defendant;
f. The Defendant can provide the children with more
continuity and stability.
WHEREFORE, Defendant requests the Court to enter an order granting
the parties joint legal custody and granting the Defendant primary
physical custody of the children in accordance with the terms of
the Proposed Order attached hereto, marked Exhibit "A" and made a
part hereof.
Respectfully submitted,
\
o
Page 4 of 5
'".'".'~ ! -'"', - ,_ ',~'~ '< ,~ " "'","'H"--" ,__R_ .:n'_
'~-',",:,'^
. _"c_.' ~ . '"
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
".~_, _". 'n" ._,,,. ,c, J __
VERIFICATION
MELISSA L. SEALOVER verifies that the statements made in this
Answer with Cross Claim to Custody Complaint are true and correct.
MELISSA L. SEALOVER understands that false statements herein are
made subj ect to the penalties of 18 Pa. C. S. 4904 relating to
unsworn falsification to authorities.
Date: &; -,;)-00
vrn~~J~
MELISSA L. SEALOVER
Page 5 of 5
<"J.-_
,'"'''----'--
"",<_~ h ".
-~ -
.'__ ,_ >'.-',-,.'._0.---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY D. SEALOVER,
Plaintiff
NO.00-1908 CIVIL TERM
V.
MELISSA L. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PROPOSED CUSTODY ORDER
AND NOW, this
day of
, 2000, IT IS HEREBY ORDERED AND
DECREED that the following custody provisions shall apply
pertaining to MELISSA L. SEALOVER ("Mother") and JEFFREY D.
SEALOVER
("Father") (individually
"Parentfl
and
collectively
"Parents") and their minor children, HEATHER N. SEALOVER, age 13,
born April 9, 1987 and KELLI R. SEALOVER, age 10, born February 6,
1990, ("the Children) :
A. LEGAL CUSTODY:
The Parents shall share and have joint legal custody of the
Children.
Each Parent shall be entitled to participate,
jointly with the other Parent, in all major non-emergency
decisions affecting the Children's health, education, religion
and general well being.
following shall apply:
Pursuant to the foregoing the
1. Access to Information: Each Parent shall be entitled to
access to any and all information, persons, entities and
documentation regarding the same so that informed
decisions can be made.
EXHIBIT "A"
roo _,'," co.,,,",,", I _ ,,~,_
",-
c., ~ .,. ,
- ". " _v__, _ ,
2. Non-malor Decisions: Non-major decisions involving the
Children's day to day living shall be made by the Parent
then having custody, but to the extent possible, the
Parents shall attempt to make such rules and follow such
schedules as would provide the Children with continuity
regardless of the then existing custodial Parent.
3. Emeroencv Decisions: Emergency decisions regarding the
Children shall be made by the Parent then having physical
custody, but that Parent shall communicate to the other
Parent the nature and extent of the emergency and shall
provide that other Parent with all information pertaining
to the treatment so that the other Parent may be involved
in the decision making process at the earliest possible
time.
4. Copies of Documents: Upon receipt by a Parent, copies of
the Children's school schedules, special events
notifications, report cards and the like shall be
provided to the other Parent. Each Parent shall share
with the other Parent any other information and
documentation, or copies thereof, that each Parent
possesses regarding the Children within such reasonable
time as to make the records and information of reasonable
use to the other Parent.
5. Notice of Acti vi ties: Each Parent shall provide the
other Parent with at least 48 hours advance notice of
school or other activities whenever possible.
6. No Derooatory Comments: Neither Parent shall make any
EXHIBIT "A"
Page 2 of 9
. "~"''!S_'' "-_", .-.- _.,~-. -,..,,=
- ., ,~
".
~ , <' ," "
,-.1-.
derogatory comments about the other Parent in the
presence of the Children and to the extent possible shall
prevent third parties from making any such comments in
the presence of the Children.
7. No Discussion: Neither Parent shall discuss any aspect of
the custodial situation with the Children and shall not
utilize the Children for purposes of conveying
information or inquiries pertaining to the Children to
the other Parent.
8. Telephone Contact: Both Parents shall be afforded
reasonable telephone contact with the Children while in
the other Parent's custody and for said purposes each
Parent shall provide the other parent with his or her
home phone number where the Children can be reached when
in the that Parent's custody.
9. Temoorary Absence from Commonwealth: If either Parent
intends on removing the Children from the Commonwealth of
Pennsylvania for a period in excess of forty-eight (48)
hours that Parent shall provide the other Parent with the
address and phone number where the Children can be
reached during the period of absence.
10. Relocation: Neither Parent shall remove the Children from
the jurisdiction of the Court of Common Pleas of
Cumberland County, pennsyl vania on a permanent basis
without providing the other Parent with at least sixty
(60) days advance notice thereof. Said sixty (60) day
time period is designed to allow the Parents to negotiate
EXHIBIT "A"
Page 3 of 9
.~,"'. ".-'- .
. -,,~-
,- ~ -
a modification of this Stipulated Agreement and in
absence thereof to be able to petition the Court for a
modification if the same is appropriate under the
circumstances.
B. PHYSICAL CUSTODY:
The following shall apply regarding physical custody of the
Children:
1. Primarv Custodv: Mother shall have primary physical
custody of the Children.
2. Partial Custodv: Father shall have rights of partial
custody of the Children.
3. Custodv Schedule: The parties rights of custody shall be
in accordance with the following schedule:
a. Alternatino Weekends: The Parents shall alternate
custody on alternating weekends from Friday at 4:00
p.m. until Sunday at 6:00 p.m.
b. Mid-Week period: Father shall have custody
Wednesday evening of each week from 4:00 p.m. until
Thursday when he shall deliver them to school at
the beginning of school or at 7:30 a.m. if said
Thursday morning is not a school day at which time
he shall deliver them to Mother's home.
c. Holidavs: The Parents shall alternate custody on
the following major holidays under the terms and as
set forth below:
1. Easter: From Saturday before Easter at 6: 00
EXHIBIT "A"
Page 4 of 9
-1= ,
~," ~___,__,_, __,I '. ""',,'~ ,_"~",~_,~",,
"-,
--''-" - ',d"-o-
. " ~-~
p.m. through Sunday at 6:00 p.m.
2. Memorial Dav: From Friday before Memorial Day
at 4:00 p.m. through Monday 6:00 p.m.
3. Independence Dav (Observed): From the evening
before Independence Day (Observed) at 6: 00
p.m. until after the fireworks on Independence
Day (Observed) if that Parent is taking the
Children to the fireworks and if at such time
custody is to be returned to the other parent
in accordance with the terms of this Order, he
or she shall deliver the Children to the Other
Parent's home; and, if the Children are not
going to the fireworks, then until 6:00 p.m.
on Independence Day (Observed)and if at such
time custody is to be returned to the other
parent in accordance with the terms of this
Order, he or she shall deliver the Children to
the Other Parent's home.
4. Labor Dav: From Friday before Labor Day at
4: 00 p. m. through Labor Day Monday at 6: 00
5. before
p.m.
Thanksoivino: From the Wednesday
Thanksgiving Day at 6:00 p.m.
Thanksgiving Day at 6:00 p.m.
through
6. Christmas Eve Christmas Morning: From
December 24th at 9:00 a.m. until December 25th
at 12:00 p.m.
EXHIBIT "A"
Page 5 of 9
< ~\ ,'C . _'C~' ,! -. " "- ,~--. -" , ,.:, 1_'",'; 0:' -,,:,,< , -.'
- '-",--~.. ."-~'-
(
d.
7.
Christmas Afternoon
December 26th: From
December 25th at 12: 00 p. m. until December 26th
at 6:00 p.m.
8.
Ho1idav Schedule:
The following schedule
shall apply to the above referenced holidays:
~ ~. .~
HOLIDAY ODD YEARS EVEN YEARS
EASTER Father Mother
MEMORIAL DAY Mother Father
INDEPENDENCE DAY Father Mother
LABOR DAY Mother Father
THANKSGIVING DAY Father Mother
CHRISTMAS EVE- Mother Father
CHRISTMAS MORNING
CHRISTMAS AFTERNOON- Father Mother
DECEMBER 26TH
9.
SDecial
Weekend
Provisions
Reaardina
Switchinq: The foregoing notwithstanding, if
the Memorial Day and Labor Day holiday weekend
periods herein provided result in a parent
having
two
(2)
custody
for more
than
consecutive weekends, the party entitled to
the holiday weekend shall switch weekends with
the other Parent so that neither Parent has
custody of the Children for more than two (2)
consecutive weekends.
Mother's Day:
Mother shall have custody each
Mother's Day from 6: 00 p. m. the evening before
EXHIBIT "A"
Page 6 of 9
I . ~.,~ ~_'
Mother's Day until 6:00 p.m. on Mother's Day.
e. Father's Day: Father shall custody of the Children
each Father's Day from 6:00 p.m. the evening before
Father's Day through 6:00 p.m. on Father's Day.
f. Summer Vacation Time: Each Parent shall be
entitled to Three (3) uninterrupted weeks of
custody of the Children under and subject to the
following terms and conditions:
1. The weeks are to be exercised in three (3)
non-consecutive one (1) week periods.
2. One (1) week is to be exercised during the
month of June; one (1) week during the month
of July; and one (1) week during the month of
August.
3. To the extent possible these weeks shall be
scheduled to encompass the selecting Parent's
regular alternating weekend.
4. If said scheduling set forth in subparagraph c
above is not possible or practical, then the
Parent selecting the custodial time period
that encompasses the other Parent's regular
alternating weekend shall switch weekends with
the other Parent so that neither Parent has
custody of the Children for more than 2
consecutive weekends.
5. Each Parent must provide the other Parent with
at least thirty (30) days advance notice of
EXHIBIT "A"
Page 7 of 9
".<--
--~
,
.-,<> - '-~'-"''''- " -
his or her intention to exercise each of these
custodial weeks.
6. Should conflict arise between the selection of
said weeks the first Parent to notify the
other Parent of his or her selection shall
have the right to exercise custody on the
weeks selected and the other party shall
select other times for his or her weeks so as
to avoid any conflicts.
C. MISCELLANEOUS CUSTODY TERMS:
1. TransDortation: The transportation necessary for the
custodial exchanges herein set forth shall be shared by
the parties with the party receiving custody providing
the transportation for that custodial exchange.
2. Precedence: The holiday schedule shall take precedence
over any other custodial period set forth herein. The
other miscellaneous custodial periods shall take
precedence over the regular alternating weekend and
midweek custodial periods set forth herein.
3. Unavailabilitv: In the event either Parent is going to be
out of town or is otherwise unavailable to exercise his
or her custodial periods, they shall notify the other
Parent accordingly and the other Parent shall be provided
with the opportunity to have custody for the period of
unavailabili ty.
4. Modification: The Parents shall be at liberty to modify
EXHIBIT "A"
Page 8 of 9
': ,~ - - - ~--,-
-.~-~ ,." ,,~~,
-
,. .--,~ .f"' _,.<
the custodial periods herein provided to accommodate
their respective schedules and special events, subject,
nonetheless in all respects to the mutual agreement of
the Parents for any such modifications.
BY THE COURT:
J.
EXHIBIT "A"
Page 9 of 9
.,.
""'-C'__ ,'"
... . '_"__'" u ~ c",,,'
II
~
JEFFREY D. SEALOVER,
Plaintiff
VS.
MELISSA L. SEALOVER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
.
NO. 00-1908 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AFFIDA VIr OF SERVICE
AND NOW, this f;$dayof
appeared Jane M. Alexander, Esquire who
, 2000 personally
ars according to law, that a true and correct
copy of a COMPLAINT IN DIVORCE was caused to be served by certified mail with return
receipt requested upon the said,
Melissa L. Sealover
900 Allenview Drive
Mechanicsburg, PA 17055
on May 16 2000 by leaving the same at the Dillsburg Post Office with postage pre-paid
thereon as evidenced by the mailing receipt and return receipt hereto attahced and made a
part hereof.
Sworn and subsfWed before
me this 0 day of
,2000.
~
Notarial Seal
Halvard E. Alexander, Notary Public
Dillsbu'll Boro, York County
My Commission Expires April 23, 2001
Member, Parmsvl',"'1i:::t A.<:<::'1ciation 0 0 res
eM. Alexander, squire
torney J.D. #073 5
~8 S. Baltimore Street
illsburg, PA 17019-0421
(717) 432-4514
>.
'.
--
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
JEFFREY D. SEALOYER,
YS.
NO. 00-1908 CIYIL TERM
MELISSA L. SEALOYER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
u.s. Postal Service
CERTIFIED MAIL RECEIPT _ .
(Domestic Mail Only; No Insurance Coverage Provided)
PROOF OF SERVICE
=r-
<0
ru
=r-
M.e.(bsCt [... ~ovU"
Postage $ .55
Certified Fee .l -46 ," ..
Return Receipt Fee ( .;15 .
(aldorsementRequlred) .,
Restricted Delivery Fee 2.1S" 0
{Endorsement Required)
Total Postage & Fees $ 5,qS
I:J
I"-
:.n
~,,_..c
'IT"
.'"
::J
C::J
I:J
ru
ru Name (Ple,ase Print Clearly) 110 be completed by mailer)
m Me.I(..;56i. L... ~ea[o(/'bf"" ~" " "
0- si;;ei;:4jit.No.;orPi:Fsoinvo:-.:--------------------------...w____..'.........:"_________
g; m.1QfL.All?nyii<~.__'];?_fj_Y.~_._._.___________________
~. CI tale, ;!IP+ 4 : PA ""'05'"
~ - l (;..s.fou.V"" , I ;::J
;"
. .
<;; SENDER:
1:1 . Complete items 1 and/or 2 for additional services.
(i.j . Complete items 3, 4a, and 4b.
ell . Print your name and address on the reverse of this form so that we can return this
l!: card to you,
CD _ . Allach this form to the front of the mailpiece, or on the back if space does not
~i - perml~
. Write "Return Receipt Requested' on the mailpiece below the article number.
CD . The Return Receipt will show to whom the article was delivered and the date
:5 delivered.
S 3. Article Addressed to:
'C
w
;;
C.
E,
8;.;
5. Received By: (Print Name)
8. Addressee's Addre
and fee ;5 paid)
I also wish to receive the
following services (for an
extra fee): di
1.)g(Addressee's Address .~
2~ Restricted Delivery ~
Consult postmaster for fee. 'E. ,
4a. Article Number ~
70'1"1 '3 ;;.!QO OCOq (pG'lo 428"4 8!
"
4b. SelVice Type .. ~
D Registered ~Certifieo! - ~
D Express Mail D Insured g'.
D Relurn Receipt for M ~ ise aWl cop -]j
7. Date of Delivery "; ~ 1- } 1-) 1 ,g
;::, 5
,.,
'"
"
~
.<:
I-
Mell'ss:t=i: L.. S"e.AlCN&-r
Ciao AlLe.."w:t-W :i)"ve.
Me~fIllc..s(PCA-~1
P -A. ('105'.)
, December 1994
102595-98-B.0229 Domestic Return Receipt
JEFFREYD. SEALOVER
PLAINTIFF
V.
MELISSA L. SEALOVER
DEFENDANT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1908 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 22nd day of September ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. . the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hin, PA 17011 on the 25th day of October ,2000, at 11:00 a.m.
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 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 conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq.tJ!
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 SHOUl,D TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
,.-
-
~~
. ~~.~
illl_
- ~""~=-i~ 'lll
_'iil'llllI~~lli~W/!ffllr~llI'l~
~:..i_, . ~llmlJ;h1m1il
.'=<,
,. . ~Wl!ill'~
~~'iIllI. -.'<-
- '~,- "
:-':!LF:D-()t:F!CE
"' ,'':--':':'>-!-;'!(;i\;OT/\,1Y
00' (''"".n ') c; ';1'1 '3' "0
\ .)t I t_..J! ... . .1....
CUMBERU'NJ COUNlY
PENNSYLVANIA
?cK.O;'J dd ~~--$*~
tJ-cJS.cYO ~ ~ 4' 4 ~
tf<X-t!!/C} ~,#t~ zr ~ ~
w___~__~~,_,. ~
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY D. SEALOVER,
Plaintiff
NO.00-190B CIVIL TERM
V.
CIVIL ACTION - LAW
IN CUSTODY
MELISSA L. SEALOVER,
Defendant
ORDER OF COURT
AND NOW, this day of 2000, upon
consideration of the attached Petition, IT I HEREBY DIRECTED that
the parties and their respective legal counsel shall appear before
, the conciliator, at
on the
day of , 2000, at ,o'clock ___ M.
for a Pre-hearing dustody Conference. At such conference an effort
will be made to resolve the issue in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the
Court, and to enter into a temporary order. Either party may bring
the Child or Children who are the subject of this custody action to
the conference, but the child'sjchildren's attendance is not
mandatory. Failure to appear at the conference may provide grounds
for entry of a temporary or permanent order.
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, PA 17013
(717) 249-3166
FOR THE COURT:
CUSTODY CONCILIATOR
f,,:"':-'-
['e
-- -',-.,";/;'"
.. -"0,""""" "0,'__"," , ,'" ~ ~_
-'"""
'",."" ,.,.,
,.
"',._,_n~,' -., ,
-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY D. SEALOVER,
Plaintiff
NO.00-1908 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
V.
MELISSA L. SEALOVER,
Defendant
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the American with Disabilities 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.
Distribution to:
Jane M. Alexander, Esquire
148 South Baltimore Street
Dillsburg, PA 17019
Attorney for Respondent/Plaintiff
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Petitioner/Defendant
-2-
.-~ l _'~_
..
I
I
I
!
f,;:
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY D. SEALOVER,
Plaintiff
NO.00-1908 CIVIL TERM
V.
CIVIL ACTION - LAW
IN CUSTODY
MELISSA L. SEALOVER,
Defendant
PETITION FOR MODIFICATION OF CUSTODY ORDER
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Melissa L. Sealover, the Petitioner, hereby petitions this
Honorable Court for the modification of the September 6, 2000
Custody Order and respectfully represents that:
1. Your Petitioner is Melissa L. Sealover, residing at 900
Allenview Drive, Upper Allen Township, Mechanicsburg, PA
17055.
2. Your Respondent is Jeffrey D. Sealover, residing at 123 East
Keller Street, Mechanicsburg Borough, Mechanicsburg, PA 17055.
3. On September 6, 2000, an Order of Court was entered pertaining
to custody of the Children, Heather N. Sealover, age 13, born
April 9, 1987 and Kelli R. Sealover, age 10, born February 6,
1990, ("the Children). A true and correct copy of said Order
is attached hereto, marked Exhibit "A" and made a part hereof.
4. The Order of Court dated should be modified because:
a. The Petitioner plans to be married to Richard Mayfield,
her fiance and will be moving to Harrisville, West
Virginia to live with him.
b.
The Petitioner has been unable to marry her fiance as of
- 3 -
">,~~_0, ,:\_:_>,,~. 1 __,_",_"..,,_~_, ';-F'" , ,_, _~__, _ ,,_,<__,~ _" _- ~,'" --0' /
.4. _ ,~. ~_.c___
~- -" ~'-
-
the current date since the Respondent has refused to
consent to a no-fault divorce, but will marry him as soon
as her divorce is granted.
c. The Petitioner's fiance works in West Virginia, Ohio and
a small amount in western Pennsylvania.
d. The petitioner and her finance have a place to live in
Harrisville, West Virginia, for which they will not have
to pay any rent or mortgage payments.
e. The Petitioner and her fiance are looking to purchase a
farm in Harrisville, West Virginia.
f. The Petitioner's fiance does not have an available work
position in the central Pennsylvania area.
g. The Petitioner will not have to work when she moves to
West Virginia and will be able to have more time to spend
with the Children
h. The quality of life of the Petitioner and the Children
will substantially improve as the result of the
relocation.
i. The Petitioner's decision to relocate is the result of
her pending marriage and is not made with any wrongful
intent to frustrate the partial custody rights of the
Respondent or to impede the development of a healthy and
loving relationship between the Respondent and the
Children.
j . The Children desire to remain in the custody of the
Petitioner and want to move to West Virginia with the
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
-4-
-,".
~,
""c": .1': 1! ~ -, -" --'>,' .--,
""'~'.,""., .
,.
._, ,-
-".. ,3_,_'~'_'~_~_ ,.~__~ '0 ..~_ --_~_"~_,~" "--7""-"> C:,. '_"","-'
,.""",,,
I
I
I"
DIANE G. RADCLIFF
344S TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
Petitioner and her fiance.
k. The petitioner has proposed a reasonable, realistic
substitute visitation arrangements for the Respondent
which will adequately foster an ongoing relationship
between the Respondent and the Children.
5. The Petitioner requests that the Order of Court dated
September 6, 2000 be modified in accordance with the proposed
Order attached hereto, marked Exhibit "B" and made a part
hereof.
WHEREFORE, the Petitioner respectfully requests this Honorable
Court to modify the September 6, 2000 Order of Court in accordance
with the requests of the Petitioner.
Respectfully submitted,
C F, ESQUIR
e Road
, PA 1 7011
Phone: (717) 737 - 0100
Fax: (717) 975-0695
Supreme Court ID # 32112
Attorney for petitioner
- 5 -
- --,~, - - - .-<-., ,.,,-.., '''"'. "? ,.fo"""'" - ,_,(,~...
_, "m,. "='__~ .~_~,,___ _ , ~_
_"00<" . '"__'
.
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
VERIFICATION
Melissa L. Sealover verifies that the statements made in this
complaint are true and correct. Melissa L. Sealover understands
that false statements herein are made subject to the penalties of
18 Pa. C.S. 4904 relating to
unsworn falsification to authorities.
dJ1/Jl ~ ,l~o OC?VJA
issa L. Sealover, petitloner
Date: 9-/;)-00
- 6-
c' .,~....,. H'_. "''': .,~cr""",:p;"_;~_,,,,:::--,_ ~ -^' ,'," .
-- '.- ~""-7_"'.~,"O-_'
-,,,
,," -',,--,'- ~"I<--"--
~
. . .
JEFFREY D. SEALOVER,
Plaintiff
: IN THE OOURT OF OOMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-1908 CIVIL TERM
:
MELISSA L. SEALOVER,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF <JOURT
AND NCfi, this lo+h day of e
consideration of the attached CUstody Concili
and directed as follows:
, 2000, upon
it is ordered
1. The Father, Jeffrey D. Sealover, and the Mother, Melissa L.
Sealover, shall have shared legal custody, of Heather M. Sealover, born
April 9, 1987, and Kelli R. Sea1over, born February 6, 1990. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to all decisions regarding their
health, education and religion. Pursuant to the terms of this paragraph
each parent shall be entitled to all records and information pertaining to
the Children including, .!:Jut not limited to, school (including report cards,
school schedules and special event notifications) and medical records and
information. To the extent one parent has possession of any such records
or information, that parent shall be required to share the same, or copies
thereof wi th the other parent wi thin such reasonable time as to make the
records and information of reasonable use to the other parent. Each party
shall provide the other party with at least 48 hours advance notice of
school or other activities, whenever possible. Emergency decisions
regarding the Children shall be made by the parent then having physical
custody, but that parent shall communicate to the other parent the nature
;
and extent of the emergency and shall provide that parent wi th all
information pertaining to the treatment so that the other parent may be
involved in the decision making process at the earliest possible time.
Non-major decisions involving the Children's day to day living shall be
made by the parent then having custody.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial physical custody of the Children on
alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. In
addition, the Father shall have custody every week from Wednesday at 4:00
p.m. through Thursday, when the Father shall transport the Children to
school or, if Thursday is not a school day, to the Mother's residence at
7:30 a~m.
4. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CIlRIS'l'Ml\S:
The Christmas holiday shall be divided into
'''---
~ ~,
~
-
segment A, which shall run from December 24 at 9:00 a.m.
through December 25 at 12:00 noon, and segment B, which shall
run from December 25 at 12:00 noon until December 26 at 6:00
p.m. The Mother shall have custody of the Children during
Segment A in odd numbered years and during Segment B in even
numbered years. The Father shall have custody during Segment
A in even numbered years. and during Segment B in odd numbered
years.
B. THANKSGIVING: The Thanksgiving holiday shall run from the
Wednesday before Thanksgiving Day at 6:00 p.m. through
Thanksgiving Day at 6:00 p.m. The Father shall have custody
of the Children over Thanksgiving in odd numbered years and
the Mother shall have custody in even numbered years.
c. EASTER: The Easter holiday shall run from the Saturday before
Easter at 6:00 p.m. through Easter SUnday at 6:00 p.m. The
Father shall have custody of the Children on Easter in odd
numbered years and the Mother shall have custody in even
numbered years.
D. MEMORIAL DAY/LABCR DAY: The period of custody on Memorial Day
and Labor Day shall run from the Friday before the holiday at
4:00 p.m. through the holiday at 6:00 p.m. In odd numbered
years, the Mother shall have custody of the Children on
Memorial Day and Labor Day, and in even numbered years, the
Father shall have custody of the Children on Memorial Day and
Labor Day. If the Memorial Day or Labor Day holiday weekend
custody period results in a parent having custody for more
than two consecutive weekends, the party entitled to the
holiday weekend shall exchange weekends with the other parent
so that neither parent has custody of the Children for more
than two consecutive weekends.
E. INDEPENDENCE DAY: The period of custody over the Independence
Day holiday shall run from the evening before Independence Day
(observed) at 6:00 p.m. until after the fireworks on
Independence Day (observed), if the parent who has holiday
custody is taking the Children to the fireworks. If the
parent who has custody of the Children over the Independence
holiday is not taking the Children to the fireworks, the
period of custody shall end at 6:00 p.m. on Independence Day
(observed) .
F. ro.rBER'S DAY/FATHER'S DAY: In every year, the Mother shall
have custody of the Children on the Mother's Day weekend from
Saturday at 6:00 p.m. through Sunday at 6:00 p.m. In every
year, the Father shall have custody of the Children on
Father's Day weekend from Saturday at 6:00 p.m. through Sunday
at 6:00 p.m.
G. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
H. In the event the Father's period of holiday custody falls
immediately preceding or following the Father's regular
period of custody, the holiday jregular period of custody shall
run continuously without interruption.
5. Each party shall be entitled to have custody of the Children for
three non-consecutive weeks each summer upon providing at least 30 days
advance notice to the other party. Each party shall schedule his or her
periods of custody under this provision during one week in June, one week
in July and one week in August each summer. In the event of a conflict in
the selection of vacation custody, the first parent to notify the other
parent of his or her selection of dates shall have the right to exercise
custody on the weeks selected and the other party shall select other times
for his or her weeks. To the extent possible, each party shall schedule
his or her periods of custody under this provision to include that party's
regular alternating weekend period of custody. In the event it is not
possible or practical to avoid scheduling a period of summer vacation
custody aver the other party's regular weekend custody period, the parent
selecting the summer vacation custody shall exchange weekends with the
other parent so that neither parent has custody of the Children for more
than two consecutive weekends.
6. The party receiving custody of the Children shall be responsible
to provide transportation for the exchange of custody, unless otherwise
agreed between the parties.
7. Each party shall ensure that the other parent has his or her
cu=ent address and home telephone number where the Children can be
contacted while in that party's custody.
8. The non-custodial parent shall be entitled to have reasonable
telephone contact with the Children.
9. Neither party shall remove the Children from the jurisdiction of
the Court of Common Pleas of CUmberland County, Pennsylvania on a permanent
basis, elCcept by agreement of the parties or by Court Order.
10. In the event either party intends to remove the Children from the
Commonwealth of pennsylvania for more than 48 hours, that party shall
provide advance notice to the other party, along with the address and
telephone number where the Children can be contacted.
11. Neither party shall discuss any aspect of the custodial situation
with the Children or involve the Children for purposes of conveying
information or inquiry pertaining to the Children to the other party.
12. In the event either party is going to be out of town or otherwise
unavailable to exercise his or her custodial periods, that party shall
notify the other party accordingly and provide the other party with the
opportunity to have custody for the period of unavailability.
13. Neither party shall make any derogatory comments about the other
party in the presence of the Children and to the extent possible shall
prevent third parties from making any such comments in the presence of the
'!
"
Children.
14. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE OOURT,
IS; ;;)lUf111d C. sdll.J.I)
.
cc: Jane M. Alexander, Esquire - Counsel for Father
Diane G. Radcliff, Esquire - Counsel for Mother
-~ "-, :','
,. ; . .
JEFFREY D. SEALOVER, . IN THE COURT OF CDMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 00-1908 CIVIL TERM
.
.
.
MELISSA L. SEALOVER, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
UI.':>"".lOu~ CXJiICILIATICJil SUMMARY REPCRr
IN ACXXIIDANCE WITH COMBERLAND COONTY ROLE OF CIVIL PROCEDURE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. lhe pertinent information concerning the Children who are the
subjecte of this litigation is as follows:
~
DAm OF BIRTH
CORRPN.rLY IN CtJS'l'(DX" OF
Heather N. Sealover
Kelli R. Sealover
April 9, 1987
February 6, 1990
Mother
Mother
2. A CUstody Conciliation Conference was held on August 30, 2000,
with the following individuals in attendance: lhe Father, Jeffrey D.
Sealover, with his counsel, Jane M. Alexander, Esquire, and the Mother,
Melissa L. Sealover, with her counsel, Diane G. Radcliff, Esquire.
3. lhe parties agreed to entry of an Order in the form as attached.
Jkflj'M"or (.r(/ 0l.0D6
Date - I
(o~~
Dawn S. Sunday, Esquire
CUstody Conciliator
!^L.
~
.
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
I'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY D. SEALOVER,
Plaintiff
NO.00-1908 CIVIL TERM
V.
CIVIL ACTION - LAW
IN CUSTODY
MELISSA L. SEALOVER,
Defendant
PROPOSED CUSTODY ORDER
AND NOW, this
day of
, 2000, IT IS HEREBY
ORDERED AND DECREED that the following custody provisions shall
apply pertaining to MELISSA L. SEALOVER ("Mother") and JEFFREY D.
SEALOVER
("Father") (individually
"Parent"
and
collectively
"Parents") and their minor children, Heather N. Sealover, age 13,
born April 9, 1987 and Kelli R. Sealover, age 10, born February 6,
1990, ("the Children") :
A. LEGAL CUSTODY:
The Parents shall share and have joint legal custody of the
Children.
Each Parent shall be entitled to participate,
jointly with the other Parent, in all major non-emergency
decisions affecting the Children's health, education, religion
and general well being.
Pursuant to the foregoing the
following shall apply:
1. Access to Information: Each Parent shall be entitled to
access to any and all information, persons, entities and
documentation regarding the same so that informed
decisions can be made.
Exhibit "B"
~- , ~ '__ , ~ ~.. -)C1"< ,_ "'_-;,~"":_~~'__'_'-" __",__0_, _'On,
.".
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
fj,~", 0' ,-
,~"-,__,,,,,~ _~ ,_. 'r 1
2. Non-malor Decisions: Non-major decisions involving the
Children's day to day living shall be made by the Parent
then having custody, but to the extent possible, the
Parents shall attempt to make such rules and follow such
schedules as would provide the Children with continuity
regardless of the then existing custodial Parent.
3. Emeroencv Decisions: Emergency decisions regarding the
Children shall be made by the Parent then having physical
custody, but that Parent shall communicate to the other
Parent the nature and extent of the emergency and shall
provide that other Parent with all information pertaining
to the treatment so that the other Parent may be involved
in the decision making process at the earliest possible
time.
4. Conies of Documents: Upon receipt by a Parent, copies of
the
Children's
events
school
schedules,
special
notifications, report cards and the like shall be
provided to the other Parent.
Each Parent shall share
with the other Parent any other information and
documentation, or copies thereof, that each Parent
possesses regarding the Children within such reasonable
time as to make the records and information of reasonable
use to the other Parent.
5 ,
Notice of Activities:
Each Parent shall provide the
other Parent with at least 48 hours advance notice of
school or other activities whenever possible.
6 .
No Derooatorv Comments:
Neither Parent shall make any
Exhibit "B"
~.,,? ,-;>>.-," "",,".,,"-'" ,_~r_-~_',,'c"",_ ," "_ _.'_~ 'w
- '"'"-::' ..-. ",., 'c",, ~ ~,.__o - -~_~., __
"c-..".>
derogatory comments about the other Parent in the
presence of the Children and to the extent possible shall
prevent third parties from making any such comments in
the presence of the Children.
7. No Discussion: Neither Parent shall discuss any aspect of
the custodial situation with the Children and shall not
utilize
the
Children
for
purposes
of
conveying
information or inquiries pertaining to the Children to
the other Parent.
8 .
Telephone Contact:
Both Parents shall be afforded
reasonable telephone contact with the Children while in
the other Parent's custody and for said purposes each
Parent shall provide the other parent with his or her
home phone number where the Children can be reached when
in the that Parent's custody.
9.
Tem1;lorarv Absence from Residence:
If
ei ther Parent
intends on removing the Children from his or her
residence for a period in excess of forty-eight (48)
hours that Parent shall provide the other Parent with the
address and phone number where the Children can be
reached during the period of absence.
B. PHYSICAL CUSTODY:
The following shall apply regarding physical custody of the
Children:
1. primarv Custodv: Mother shall have primary physical
custody of the Children.
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA nOll
(717) 737.QIOO
Exhibit "B"
~<_,_'::"~_"',",_-1'"'-'-'=!''''-:''''_--_- - .-~"v,
-~'>~ ~- ~---,
.,.... .. ....
-"" "__.,,____, -_,,-'_~','~C_' -
2. Partial Custody: Father shall have rights of partial
custody of the Children.
3. Custody Schedule: The parties rights of custody shall be
in accordance with the following schedule:
a. AlternatinG Weekends: The Parents shall alternate
custody on alternating weekends from Friday at 7:00
p.m. until Sunday at 7:00 p.m.
b.
Holidays:
The Parents shall alternate custody on
the following major holidays under the terms and as
set forth below:
1. Easter: From Friday before Easter at 7:00 p.m.
through Easter Sunday at 7:00 p.m.
2. Memorial Dav: From Friday before Memorial Day
at 7:00 p.m. through Monday 7:00 p.m.
3. Labor Dav: From Friday before Labor Day at
7: 00 p. m. through Labor Day Monday at 7: 00
p.m.
4.
ThanksGivinG:
From the Wednesday before
Thanksgiving Day at 7:00 p.m. through the
Sunday after Thanksgiving Day at 7:00 p.m.
5. 1st Half of Christmas Break: From the first
day of the Christmas School Break at 7:00 p.m.
until December 28th at 7:00 p.m.
6. 2nd Half of Christmas Break: From December 28th
at 7:00 p.m. until 7:00 p.m. on the last day
before school starts after this break.
7 .
Holidav Schedule:
The following schedule
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
Exhibit "B"
f-"_'",- ,~- ,
'-do' '_-<~'%_';-"';'-:'-0-"'" "." _",~__,,"_ -"', -,_,-'_~,"__~'~f",~":_,,, ',~_,,< J'
,_~,,"o_ _, ~ .~_~,r~"..~ -.~
d, ",~_.-. _ _ .~ _ ~_ .,,, .,_.
,_ ,-__, ',_~" .f_'.'> .~
.IIIJ!II!IO!I!
shall apply to the above referenced holidays:
HOLIDAY ODD YEARS EVEN YEARS
EASTER Mother Father
MEMORIAL DAY Father Mother
LABOR DAY Mother Father
THANKSGIVING DAY Father Mother
1 ST HALF OF CHRISTMAS Mother Father
BREAK
2ND HALF OF CHRISTMAS Father Mother
BREAK
8.
SDecial
Provisions
Reaardino
Weekend
Switchinq: The foregoing notwithstanding, if
the Memorial Day and Labor Day holiday weekend
periods herein provided resul t in a parent
having
custody
for
more
than
two
(2)
consecutive weekends, the party entitled to
the holiday weekend shall switch weekends with
the other Parent so that neither Parent has
custody of the Children for more than two (2)
consecutive weekends.
c.
Mother's Day:
Mother shall have custody each
Mother's Day weekend from 7:00 p.m. the Friday
before Mother's Day until 7:00 p.m. on Mother's
Day.
d. Father's Dav: Father shall custody of the Children
each Father's Day weekend from 7:00 p.m. the Friday
before Father's Day through 7:00 p.m. on Father's
DIANE G. RADCLIFF
3448 TRlNDLE ROAD
CAMP HILL, PA 170ll
(117) 737-0100
Exhibit "B"
Day.
e.
Summer vacation Time:
Each Parent shall be
entitled to Five (5) uninterrupted weeks of custody
of the Children during the summer under and subject
to the following terms and conditions:
1.
Definition of Week:
A week shall be defined
as commencing of Friday and ending the
following Friday at the same time.
2. Consecutive or Non-Consecutive: The weeks may
be exercised either consecutively or non-
consecutively.
3. Desionation of One of Mother's Weeks: One of
Mother's weeks shall always be the last full
week before school and that week may not be
selected by Father.
4 .
Thirtv Dav Notice:
Each Parent must provide
the other Parent with at least thirty (30)
days advance notice of his or her intention to
exercise each of these custodial weeks.
5. Conflicts: Should conflict arise between the
selection of said weeks the first Parent to
notify the other Parent of his or her
selection of weeks shall have the right to
exercise custody on the weeks selected and the
other party shall select other times for his
or her weeks so as to avoid any conflicts.
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
Exhibit "B"
, ',- ~:-
-----;_'7
'_o_II_~c 'i",:-J,,""'-F-.'-_,;."_ '-_~Fii.-;_"",_,~_.,,,,,,,,,,"_,,"~ ..__,_",,,,_.,", c,' _
',' '!:"~ ,-,..,-,~,-, -, ,,'-.
.-
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP IllLL, PA 17011
(717) 737-0100
r,,,,
C. MISCELLANEOUS CUSTODY TERMS:
1.
TransDortation:
The transportation necessary for the
custodial exchanges herein set forth shall be shared by
the parties. All custodial exchanges shall be made at
Cumberland, Maryland, the approximate half way point
between Father's residence and Mother's residence.
2. Precedence: The holiday schedule shall take precedence
over any other custodial period set forth herein. The
other miscellaneous
custodial
periods
shall
take
precedence over the regular alternating weekend and
midweek custodial periods set forth herein.
3. Unavailability: In the event either Parent is going to be
out of town or is otherwise unavailable to exercise his
or her custodial periods, they shall notify the other
Parent accordingly and the other Parent shall be provided
with the opportunity to have custody for the period of
unavailability.
4. Modification: The Parents shall be at liberty to modify
the custodial periods herein provided to accommodate
their respective schedules and special events, subject,
nonetheless in all respects to the mutual agreement of
the Parents for any such modifications.
BY THE COURT:
J.
Exhibit "B"
'-,' " ., ~_, ~''''' F I -''';~''~'~,,'",'' 'C'''',~' ,_~. '-'T',' ''y~~- 't'~-T",>o o,,~ ''_'_".'< ,.,..,_ ,~__ ~,_ C'"_',-
_'. ,,0'->__' __, ~_,__._ .
. -~--~'-' ~, '" . --.. -- -- -- <.~---
.....
,,=', = .
..
..>
JEFFREY D. SEALOVER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. : NO. 00-1908 CIVIL TERM
.
.
MELISSA L. SEALOVER, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
ORDER OF COURT
AND NCM, this
consideration of the attached
and directed as follows:
~~
day of O~
Custody Conciliation Report,
, 2000, upon
it is ordered
1-
continue
parties.
The prior Order of this Court dated September 6, 2000 shall
in effect pending further Order of Court or agreement of the
2. The parties shall submit themselves, their minor Children, and any
other individuals deemed necessary by the evaluator, to a custody
evaluation to be performed by a professional selected by agreement of the
parties and counsel. The purpose of the evaluation shall be to obtain
independent professional recommendations concerning ongoing custody
arrangements which would best serve. the interests of the Children in light
of the Mother's request to relocate with the Children to West Virginia.
The parties shall sign all authorizations deemed necessary by the evaluator
in order to obtain additional information pertaining to the parties or the
Children. The parties shall equally share all costs of the evaluation.
3. within 60 days of receipt of the evaluator's written
reconmendations and in the event the parties are not at that time able to
reach an agreement as to ongoing custody arrangements, counsel for either
party may contact the Conciliator to schedule an additional Custody
Conciliation Conference or further proceedings.
Edward E. Guido,
C~..f11~
1()-~5-00
~KS
cc: Jane M. Alexander, Esquire - Counsel for Father
Diane G. Radcliff, Esquire - Counsel for Mother
_"0
..
." -11''''
<. ,
.,..
1
''''''''''''''
..,
~~~
..
Vil\;\l/HAShlr.13d
I l"'ln~. .r~\ f.-~t, ;~_'.:;_!.-:(liIW"V)
J\.Ll\i, II.)' ' ,1'-, ': cl' .r....,, ,I !'-'
9U
,..... '-j J'...._'j"l.J !,'n
~:! ~,' - ~ ,-
.t~ .,
'u ",
~.
~ ~ ~ ~"~-""l'=-~ ~"\I!l1Ill1lQ__ '" "~, _~ ~
.
~~'llf,'ji1'~~_~MNlA!!t1lI~nJnlI~ '"" "~
H~MJ~~llf
..
....
JEFFREY D. SEALOVER, . IN THE OOURT OF OOMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 00-1908 CIVIL TERM
.
:
MELISSA L. SEALOVER, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
PRIOR.JUDGE: Edward E. Guido
CUSTODY <nilCILIATIQiI SUMMARY REPORT
IN ACCXIIDANCE WITH CUMBERLAND CXXlNTY RULE OF CIVIL PRCCEOORE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Heather N. Sealover
Kelli R. Sealover
April 9, 1987
February 6, 1990
Mother
Mother
2. A Custody Conciliation Conference was held on October 18, 2000,
with the following individuals in attendance: The Father, Jeffrey D.
Sealover, with his counsel, Jane M. Alexander, Esquire, and the Mother,
Melissa L. Sealover, with her counsel, Diane G. Radcliff, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
OLJvIv1 {1 ~
Date ·
{)~(J~-4
Dawn S. Sunday, Esquire 7
Custody Conciliator
h
".'
.
0,.
".
- .'- , ~"-'-' , -
II
. .
ji
MELISSA L. SEALOVER,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
VS.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A Judgment may also be entered against you for any other claim
or relief requested in these papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the office of the Prothonotary at the Cumberland County Court House, One Courthouse
Square, Carlisle, Pennsylvania 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.
CUMBERLAND COUTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
or
(800) 990-9108
r
,I
MELISSA L. SEALOVER,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
VS.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
NOTICIA
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion con protitud. Se Ie avisa que si
no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede
ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra
por cualquier otra queja 0 compensacion reclamados por el demandant. Usted puede perder
dinero, 0 propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court
house, One Courthouse Square, Carlisle Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL
. HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER
EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI
NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA
INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
CUMBERLAND COUTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
or
(800) 990-9108
,
MELISSA L. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
VS.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
IN DIVORCE WITH COUNTERClAIM
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, TO WIT, this 4A'ff day of -;!!!;::::r/~~
2000, comes the Defendant, Jeffrey D~ Se;;over, by his Atto ey, Jane M. Alexander,
Esquire, and files the following Answer to Plaintiff's Complaint in Divorce:
COUNT I
DIVORCE
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. Defendant has insufficient information so as to be able to respond to this
allegation.
7. Admitted.
8. Admitted.
I!
COUNTER CLAIM
COUNT II
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER
SECTION 3502(a) OF THE DIVORCE CODE
9. The averments of Paragraphs I through 8 hereof are incorporated herein by
reference thereto.
10. During their marriage, Plaintiff and Defendant have acquired various items of
marital property, both real and personal, which are subject to equitable distribution under
Section 3502(a) of the Divorce Code of 1980.
WHEREFORE, Defendant prays your Honorable Court to enter an order of equitable
distribution of marital property pursuant to Section 3502(a) of the Divorce Code of 1980.
COUNT III
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS
3104(a)(1) AND 3323(b) AND 3702 OF THE DIVORCE CODE
11. The averments of Paragraphs 1 through 10 hereof are incorporated herein by
reference thereto.
12. Plaintiff has employed Jane M. Alexander, Esquire, to represent him in this
matrimonial cause.
13. Plaintiff is unable to pay the necessary counsel fees, costs and expenses and
Defendant is more than able to pay them.
,
Ii
"
I
14. Reserving the right to apply to the Court for temporary counsel fees, costs and
expenses, prior to final hearing,Plaintiff requests that, after final hearing, the Court order
Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses.
WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 301(a)(1),
Section 401(b) and Section 502 of the Divorce Code, the court enter an Order directing
Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses.
Respectfully submitted,
}~
Date: ';' / ~~
po / ~
II
,
Verification
I verify that the statements made in this Answer are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pac C.S. Section 4904
relating to unsworn falsification to authorities.
DATE: ~~ I'=:. I '2.ooD
~
Jeffrey D. Sealover
COMMONWEALTH OF PENNSYLVANIA
S.S.
COUNTY OF YORK
Before me, the undersigned officer, a Notary Public, in and for the said
Commonwealth and County, Personally appeared Jeffrey D. Sealover who, being affirmed
according to law, deposes and says that the facts and matters set forth in the foregoing
Complaint are true and correct to the best of hi~W~nd belief.
Jeffrey D. Sealover
Sworn to and subscribed
befoIe;ne this / ~ rJ;i. day
of lUov'~",^r.. <::1G-, 2000.
Notary Public
Notarial Seal
Halvard E. Alexander, Notary Public
M Dlllsburg Bora, York County
Y Commission Expires Aprii 23, 2001
ft.p(."'r11'!'l~ ......... .' .,
,'" ,.",1-',." 'r'l''"!r''', ""'~"'\r,iationotNotarjes
-
II
<" ...
~
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
MELISSA L. SEALOVER,
VS.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this ~day of & p7 --e ~ , 11 4~ 2000 personally
appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct
copy of an Answer was caused to be served by certified mail with return receipt requested
upon the said,
Diane G. Radcliff, Esquire (attorney for Plaintiff)
3448 Trindle Road
Camp Hill, PA 17011
on November 30. 2000 by leaving the same at the Dillsburg Post Office with postage pre-
paid thereon as evidenced by the mailing receipt and return receipt hereto attahced and made
a part hereof.
Ja eM. Alexand r, Esquire .'
orney I.D. #0 355
48 S. Baltimore Street
Dillsburg, PA 17019-0421
(717) 432-4514
Sworn and subscribed before
me this 7 'r/# day of
a.. , 2000.
~
Notarial Seal
Halvard E. Alexander, Notary Public
Dillsbur9 Bora, York County
My Commission Expires Apnl 23, 2001
i'.,>I"-':)~r, PBnflsvl'.'?,c,:;, i',:c<;cciation of Notaries
. -,,~ ,-,.
-......
'I-_"^';':''''-c'
't""~"""
~
MELISSA L. SEALOVER,
Plaintiff
VS.
JEFFREY D. SEALOVER,
Defendant
.-
..,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 2000-1908 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PROOF OF SERVICE
U.s. Postal Senhce
CERtiFIED MAIL RECEIPT . .
(Domestic Mail Only; No Insurance Coverage Provided)
co
=,",
Cl
,='"
CAllI' HIU. PA 17011
Postag, $ $0.55
'0
, ['-,
.J]
.J]
Certlfied Fae
Go=': Return Receipt Fee
CJ :5' (Endorse~ent ~~qulre~
o Resbicted Delivery Fee
c:J (EndorsementRaqulred)
Total Postage & Fees
$ $3.
Cl
ru
ru Name (Pleas9 Print Clearly) (To"" completed by mailer)
fTI .~~f.1.~~___~:-__~~~~l~!!..:_~~~~i!:~___~__.::.____.:._____:".~:___...:-_~
C- Street~ Apt. No,; or PO Box No,
Ir 34411 "'ri"dl~ Ro"ol. ,
::2 c~:t9:-~ti4---~;:--~~-~~~-_.__._._-----_..._--------_._-----
:_,
- - .o.!.
';; SENDER:
'0 . Complete items 1 and/or 2 for additional services.
'Uj . Complete items 3, 4a, and 4b.
(1) . Print your name and address on the reverse of this fonn so that we can return this
~ card to you.
~ . Attach this fonn to the front of the mailplece, or on the back if space does not
~ permit
. Write -Return Receipt Requested" on the mailpiece below the article number.
~ . The Return Receipt will show to whom the article was delivered and the date
...:. delivered.
6 3. Article Addressed to:
,,,
"
0;
"Q;,.::!
E
o
"
0>"
'.
W
a:
c
c
<(
~ 5.
::l
....
W
a: 6.
D laVle. G. RActclCff, t~i("e..
344'6 lrincH.e..4<ood.
Ctl"'lp /-till, PA 1'1011
~
"
o
,..
.!!l
~
o
.~
"
rn
'E.
'8
"
'0:
""
';,;
~ertified ~
o Insured -,. ~
D COD 'gj
,g
"
g,
'"
"
'"
'"
....
102595-98-8-0229 Domestic Return Receipt
~~~
148 SOUTH BALTIMORE STREET
P O. Box 421
D,LLSBURG, PENNSYLVANIA 17019-0421
(717) 432-4514
FAX (717) 502.1087
August 15, 2001
Dr. Stanley Schneider
Guidance Associates of P A
412 Erford Road
Camp Hill, PA 17011
RE: Sealover vs. Sealover
Dear Dr. Schneider:
Enclosed herewith is my escrow check no. 11948 in the amount of $375 in payment of
one-half of your fee of $750 by Mr. Sealover.
A copy of Judge Guido's order of August 6,2001 is enclosed. Please note that the
starting time of the hearing on August 29, 2001 has been advanced to 1 :00 p.m.
It is my understanding that you will present your report and testify as to your
recommendation with both Attorney Radcliff and me having the opportunity to question you.
Looking forward to seeing you on August 29, 2001.
Very truly yours,
JMA/jb
cc: Diane Radcliff
Jeffrey Sealover
Judge Guido
., <.
\ .-
JEFFREY D. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1908 CIVIL TERM
MELISSA L. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 29th day of August, 2001, after
hearing, it is ordered and directed as follows:
1. The parties shall share legal custody of their
Children, Heather M. Sealover, born April 9, 1987, and Kelli R.
Sealover, born February 6, 1990.
2. Mother shall have primary physical custody of the
Children, and she is granted permission to relocate with them to
Harrisville, Ritchie County, West Virginia.
3. Father shall have partial physical custody of the
Children as follows:
A. Every other weekend from Friday at 7:00
p.m. until Sunday at 5:00 p.m.
B. Every summer from the Friday after
school ends until the first Friday in August.
During said period, Mother may have two
weekends of overnight visitation with the
Children, at least three weeks apart, from
Thursday at 7:00 p.m. until Sunday at 7:00 p.m.
Provided, however, that Mother must give Father
at least 30 days notice of the weekends upon which
she intends to exercise visitation.
C. Christmas on odd-numbered years from
noon on Christmas Eve until 5:00 New Year's
Day. In even numbered years from 5:00 December
26 until 5:00 New Year's Day.
."
~ ,,'~ ,r, . .. "". ~.
~ c "..
I""" . - ,
-
D. Thanksgiving in even-numbered years
from the Wednesday before Thanksgiving at 7:00 p.m.
until the Sunday following Thanksgiving at 5:00 p.m.
E. Easter weekend in odd-numbered years on
the same schedule as A above.
4. Notwithstanding the foregoing visitation
schedule, Mother shall always have the Children on Mother's Day
weekend and Father shall always have the Children on Father's
Day weekend.
5. Transfer of custody to be at the Holiday Inn,
Exit 22 off Route 68, in Grantsville, Maryland.
6. Both Children shall participate in visitation
even if it means staying at grandmother'S house. Father is
heartily encouraged to continue the counseling with Heather.
7. If Father's regular weekend visitation falls on a
holiday other than is set forth above, Mother shall have the
holiday, and the weekend visitation will be postponed to be made
up at another time. If Father's weekend falls on a holiday as
set forth above, Father shall be entitled to the holiday and an
additional weekend of visitation at another agreed upon time.
8. Each party shall ensure that the other parent has
his or her current address and home telephone number where the
Children can be contacted while in that party's custody.
9. The non-custodial parent shall be entitled to
have reasonable telephone and E-mail contact with the Children.
10. Neither party shall discuss any aspect of the
custodial situation with the Children or involve the Children
for purposes of conveying information or inquiry pertaining to
the Children to the other party.
11. Neither party, nor any party in his or her
'''_~O'' ~
- ,.<".
. , ~,
-
.
~ '"
household, shall make any derogatory comments about the
other party in the presence of the Children and, to the extent
possible, shall prevent third parties from making any such
comments in the presence of the Children.
12. This order replaces all prior custody orders.
13. This Court shall retain jurisdiction.
By the Court,
Jane Alexander, Esquire
Attorney for Plaintiff
~~ 9.4.0/
cr
Diane G. Radcliff, Esquire
Attorney for Defendant
srs
~r8'
---~ ... " , . ^-, ", '
'-,~
.
" ~
ItIN\J/iIASNN3cl
Al~I(l,jrj r'i'..!l._f'''_ I.:~"'l!lr.
- , J'_~ '-' ". '.:} ,r;'::I;:-iV\i kJ
-;78 :r
-~!
!"i.- ('!:, ~~~ . ,
J,Jv .)
~~........,~!IlJ.':""""'_"''"
.......,.,
--" ..
,~ .
"" W'~'~~I'fj~-m~~~~~~"",,ftJIllI...._
1!IIf111
Melissa Sealover 3301(d) Affidavit
r
~
.
MELISSA L. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS
AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS
AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL
BE ADMITTED.
AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE
1. The parties to this action separated on January 20, 2000 and
have continued to live separate and apart for a period of at
least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
I verify that the statements made in this affidavit are true
and correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsifications to authorities.
Date: j -d9-od-..
~,f,~O-J j h"Q~,
MELI S L. SEALOVER
"." ..,
~""I""
_1.
,
" "r'~~
.
~ - -~ ~"~~"
_ ,~~~ ~~mn!i~~~,
r
1:
(") 0 (")
c rv "1'1
!5:: ",.. .....:r-"
'"Ufn -0 _""- .'t-
rnfT1 ::0 ;~1~
Z::lj
ZC I i~i~
(fJP CO
-<_Z
~C) ",.
:;<;. '-+1
zO :lI: q-"-
pO ~C)
c 'R Om
~ ,l:"" '"
-.J ~
-"I'l_~~~"~"~ ~_"f~'lf~~ll'~""f~mww'~_~~~1'i~~~~ ,t~ ~~!!lI
MELISSA L. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1908 CIVIL TERM
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
Plaintiff's 3301(d) Affidavit has been served upon the Defendant,
through his legal counsel, Jane M. Alexander, Esquire, by Regular
U.S. Mail, Postage Pre-paid on the 8th day of April, 2002. The
copy of the letter for said mailing is attached hereto as Exhibit
"AU and made a part hereof.
Respectfully submitted,
DC F, ESQUIRE
e Road
Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
\
;;11
-,-<
1 ',?-.
0/
')
:J
DIANE G. RADCLIFF, ESQUIRE
Attofll1ley at Law
3448 Trindle Road
Camp Hill, Pennsylvania 17011
Phone: 73 l' ( ~
Facsimile: (717) 9 -0 '7, C
April 8, 2002
Jane M. Alexander, Esquire
148 South Baltimore Street
Dillsburg, PA 17019
RE: Sealover v. Sealover
Dear Jane:
I am enclosing with this letter a copy of the 3301(d)
Affidavit which I filed on behalf of Melissa Sealover on April 8,
2002. This Affidavit is being provided to you so that we are in a
position to finalize the divorce as soon as the tax issue is
resolved.
I have recently spoken with Melissa and she informed me that
her husband was going to provide her with a form to be completed
for the IRS. I surmise that this form is the Innocent Spouse form
that the IRS utilizes for purposes of determining non-liability
regarding income taxes. If you would please direct your client to
supply that form to Melissa I will make sure it is reviewed by my
office, signed by Melissa and returned to you.
Thank you for your attention in this matter.
Very truly yours,
DIANE G. RADCLIFF, ESQUIRE
DGR/rzg
Enclosure
3301(d) Affidavit
cc: Melissa Sealover
EXHIBIT "A"
-'I!l.
ill]
,.., ~~~, ,
- ~'--"p,~
~f'~"'
-, ~,~
,,-
'"
() 0 0
C I" -T/
;;: :> :::-.1
"UOJ ""(J ~::;-:Y1
fTirn AI '''I
Z~1 --_-lfTl
'-1'"' :~y
L'_ J> C~
SQ:Z .:'~3c)
GO "" ~~:= -h
~:C) ::;;: ~.~o
:=0 en 6m
)>c: --.-t
Z I" ?D
=< -.l -<
- ",.""",..,.t<lll!!llqJl~I~1~!N'iI!U-~5."",",,,,,,,,,,,,_,_,"
'~~~18l
MELISSA L. SEALOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 2000-1908
JEFFREY D. SEALOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on March 29, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry 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.
I understand that false statements herein are made
subject to the penalties of 18 Pac C.S. Section 4904 relating to
unsworn falsification to authorities.
~
JEFFREY D. SEALOVER -----
",...,..
)"
~~
~..
0 c ,~
."-/
C r'Y ~..--;
-;:;'k ::g;
'1:}1:;::: ,::;:,.,. '1
[~qJ -< ;=
of_--'"_ , , -~, iT';
:(.': So, 'v , .;
~J.~,:.:-" f-.....) '~ I
.,'-,
'j
1:". "
-~I.... l!
~?3 ."" ~? C)
In
)>(= 1''' ~J
7' 0 ::;:;!
O::j '-.1]
. :<
-<. --
"
~.._~~l~~~1Il
!IVIlllllllJlllJ~~~1
~_ _.,.......ilIIIJm
[--.1._
MELISSA SEALOVER/12.5.01. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA L. SEALOVER,
Plaintiff
NO. 2000-1908 CIVIL TERM
V.
CIVIL ACTION - LAW
IN DIVORCE
JEFFREY D. SEALOVER,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION j3UI(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without
notice.
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 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 Waiver 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.
Da'ed~ i>>B2--
"