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JUL 0 9 ZOOJ
TAMARA R. HUGHES,
(formerly Tamara R. Crist)
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
SCOTT M. CRIST,
Defendant
NO. 00 - 3373 CIVIL
IN CUSTODY
COURT ORDER
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AND NOW, this ~ day of
attached Custody Conciliation Report, I
, 2003, upon consideration of the
and directed as follows:
1. A hearing is scheduled in Courtroom o. of the Cumberland County
Courthouse on the :J7fl' day of , 2003 at
/ . ..:? D j:J .M. At this hearing, the Fer, Scott M. Crist, shall be the
moving party and shall proceed initially with testimony. Counsel for the
parties shall file with the court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the court,
a list of witnesses who will be called to testify at the hearing and a summary of
the anticipated testimony of each witness. This memorandum shall be filed at
least five (5) days prior to the mentioned hearing date.
2. Pending further order of this court, the following temporary custody order is
entered:
A. The Mother, Tamara R. Hughes, and the Father, Scott M. Crist, shall
enjoy shared legal custody of Scott M. Crist, Jr., born October 14,
1996.
B. During the summer months, Father shall enjoy primary physical
custody. Mother shall have temporary physical custody on alternating
weekends from Friday evening through Monday morning. Mother
shall also have custody during the time she and her family will be going
on vacation, with Mother's counsel to notify Father's counsel in writing
of those dates. Mother shall also have custody during the summer
months at such times as agreed upon by the parties.
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C. In the event a permanent court order is not entered prior to when the
child will need to start school, Father shall return the child to Mother
for Mother's primary custody commencing in late August 2003 for the
child to start school in the Northern York School District. At that
time, Father would enjoy temporary custody on alternating weekends
from Friday through Sunday evening or Monday morning, subject to
an agreement of the parties.
D. Exchange of custody shall be handIed with the non-custodial parent
picking up the child at the other parents home.
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TAMARA R. HUGHES,
(formerly Tamara R. Crist)
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION - LAW
SCOTT M. CRIST,
Defendant
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NO. 00 - 3373 CIVIL
IN CUSTODY
Prior Judge:
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CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITII TIlE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Scott M. Crist, Jr., born October 14,1996.
2. A Conciliation Conference was held on June 20, 2003, with the following individuals
in attendance:
The Mother, Tamara R. Hughes, with her counsel, Jane Alexander, Esquire; and the
Father, Scott M. Crist, with his counsel, Carol J. Lindsay, Esqnire.
3. The parties were divorced a number of years ago at which time they had a Property
Settlement Agreement in 2000 which provided shared custody on a week on/week off
basis. There is some dispute with respect to what has happened since that time. It
appears that at least during the Fall and Winter of 2001/2002 Mother was exercising
primary physical custody. Sometime in May of 2002, the minor child was delivered
to Father who exercised primary physical custody during the summer months, and
then the child was delivered back to Mother in September of 2002 for primary
custody. When Mother had custody, Father was enjoying alternating weekends and
when Father had custody, Mother was enjoying alternating weekends.
4. Father is now petitioning to obtain primary physical custody of the minor child. The
parties could not agree on that issue and a hearing is required.
,
The conciliator needs to address the summer issue. In light of the fact that Father
had custody during the summer of 2002, the conciliator is recommending that the
same custody arrangement apply for the summer of 2003 with the Mother to enjoy
alternating weekends as she did last year and also to enjoy vacation time as specified.
However, if a court order is not entered prior to the time the child is scheduled to
start school, the conciliator would recommend that the child be returned to Mother
at the end of the summer to start school in the Mother's school district which is
Northern York.
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The conciliator recommends the entry of an order in the form as attached.
1/3/0 "}
DATE
Hubert X. Gilroy, Esqui e
Custody Conciliator
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IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND
COUNTY
STATE OF
PENNA.
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No. 00.0.0-337.300
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AND NOW,
DECREE IN
DIVORCE
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it is ordered and
decreed that. .Tamara. R, .Cr.ist............................., plaintiff,
and. .. 5cott.. M... .G:r.i.st. .. . . .. ... .. . . .. . ., .. .. . . .. .. .. .. .. ", 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; ~()\I\>-
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Prothonotary
Attest:
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this d::J
day of 51 ~ 2000, by and
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between TAMARA R. CRIST, of Dills burg, York County, Pennsylvania, hereinafter referred to
as "Wife," and SCOTT M. CRIST, of Enol a, Cumberland County, Pennsylvania, hereinafter
referred to as "Husband."
WITNES SETH:
WHEREAS, Husband and Wife were lawfully married on June 30, 1996, and
and
WHEREAS, differences have arisen between Husband and Wife in consequence of
which they intend to live separate and apart of each other; and
WHEREAS, Husband and Wife have made a full disclosure of their assets to each other;
and
WHEREAS, Husband and Wife desire to settle and determine their rights and obligations
with respect to each other, including the disposition and distribution of property rights and
interests between them.
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NOW, THEREFORE, in consideration of the mutual promise~, 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:
1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect
have been fully explained to the Parties by their respective counsel, Gerald S. Robinson, Esquire,
for Wife, and Husband was afforded ample opportunity to have counsel review this document on
her behalf. The Parties acknowledge that they have received independent legal advice from
counsel of their selection and that they fully understand the facts and have been informed as to
their legal rights and obligations and they acknowledge and accept that this Agreement is, in 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 result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
2. SEPARATION. It shall be lawful for each Party at all times hereafter to continue
to live separate and apart from the other Party at such places as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of
either Party of the lawfulness or unlawfulness ofthe causes leading to their living apart.
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3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties
agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may
be entered with respect to them at the request of either Party. The Parties agree that the Court of
Common Pleas of Dauphin County, Pennsylvania, shall retain continuing jurisdiction over the
Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The
Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing
the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall
not merge with, but shall continue in full force and effect after such time as a Final Decree in
Divorce may be entered with respect to the Parties and may be enforced in an action independent
ofthe Divorce Decree. The Parties agree and it is the intent of each of them that even though
this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code
or in an action independent of the Divorce Decree in accordance with Section 3502 of the
Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of
existing property rights and interests between the Parties, alimony, alimony pendente lite,
counsel fees and expenses shall not be subject to modification by any Court.
4. SUBSEQUENT DIVORCE. The Parties hereby acknowledge and express their
agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any
necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301 C of the
Pennsylvania Divorce Code.
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5. INTERFERENCE. Each Party shall be free from interference, authority, and
contact by the other, as fully as ifhe or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither Party shall molest the other or
attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful existence, separate and apart from
the other.
6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not
contract or incur any debt or liability for which Husband or his estate might be responsible and
she shall indemnify and save harmless Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not
contract or incur any debts or liability for which Wife or her estate might be responsible, and he
shall indemnify and save harmless Wife from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
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8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party
has released and discharged, and by this Agreement, does for himself or herself, and his or her
heirs, legal representatives, executors, administrators and assigns, release and discharge the other
of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which
either of the Parties had or now has against the other, except for any and all causes of action for
divorce and except for any and all causes of action for breach of any provisions of this
Agreement.
9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that
they have made a full and complete disclosure to the other of all information pertaining to the
Parties' separate and marital property owned, possessed and/or controlled by the other at the time
of the separation of the Parties and, further, that the Husband and Wife voluntarily and
intelligently agree to waive any rights which they may have to receive an Inventory and
Appraisement of all property owned or possessed by them, either jointly or individually, at the
time of the delivery of this Agreement or of the commencement of any action of divorce.
10. EOUIT ABLE DISTRIBUTION. With respect to the equitable distribution and
division of marital and, the Parties have divided between themselves, to their mutual satisfaction,
any and all property previously used by them in the marital home. Both Parties hereby accept the
provisions of this Agreement with respect to division of property in lieu of and in full and final
settlement and satisfaction of all claims and demands that they may now have or hereafter have
against the other for the equitable distribution of their property by any Court of competent
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jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws. Husband and Wife
voluntarily and intelligently waive and relinquish any rights to seek a Court-ordered
determination and distribution of marital property, but nothing herein shall constitute a waiver by
either Party of any rights to seek their relief of any Court for the purpose of enforcing the
provisions of this Agreement.
11. CHILD CUSTODYNISITATION. The Parties shall have shared legal and
physical custody of the Parties' minor child, Scott M. Crist, Jr., bom on October 14, 1996. The
Parties shall share physical custody on alternating weeks and shall share holidays as the Parties
mutually agree.
12. CHILD SUPPORT. The Parties agree to pay child support as ordered by
Domestic Relations.
13. HIGHER EDUCATION FOR THE CHILD. The Parties mutually agree to share
equally any and all costs associated with vocational institutions or undergraduate colleges or
universities which are reasonable and appropriate for their child, including, but not limited to,
application fees, tuition costs, fees, room and board, and book expenses.
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14. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND
EXPENSES. Both Parties accept the provisions of this Agreement in lieu of and as full and final
settlement and satisfaction of all claims and demands that they may now or hereafter have
against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other
provision for support and maintenance before, during or after the commencement of any
proceedings for the divorce or annulment between the Parties. Each Party shall be responsible
for its own counsel fee.
15. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise
provided, each Party may dispose of his or her property in any way, and each Party hereby
waives and relinquishes any and all rights he or she may now or hereafter acquire, under the
present or future laws of any jurisdiction, to share in the property or the estate of the other as a
result of the marital relationship, including, without limitation, dower, courtesy, statutory
allowance, widows aIlowance, right to take property under equitable distribution, right to take in
intestacy, right to take against the will of the other's estate, and who will, at the request of the
other, execute, acknowledge and deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights
and claims.
16. BREACH. If either Party breaches any provision of this Agreement, the other
Party shall have the right, at his or her election, to sue for damages for such breach or seek such
other remedies or relief as may be advisable to him or her, and the Party breaching this Contract
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should be responsible for payment of legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the Parties and there are no representations, warranties, covenants or undertakings other than
those expressly set warr3l1ties, covenants or undertakings other than those expressly set forth
herein.
18. MODIFICATION AND WAIVER. The modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either Party to insist upon strict performance of
any of the provisions of this Agreement shall not be construed as a waiver of any subsequent
default ofthe same or similar nature.
19. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations
of the Parties.
20. INDEPENDENT SEP ARA TE COVENANT. It is specifically understood and
agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a
separate and independent covenant and agreement.
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21. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth ofPenJ1sylvania.
22. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent
that the provisions of this Agreement are fully understood by both Parties and each Party
acknowledges that this Agreement is in all respects fair and equitable, that it is
being entered into voluntarily and knowingly, and that it is not the result of any duress, undue
influence, collusion or improper or illegal agreement or agreements.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day
and year first above written.
WITNESS:
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Scott M. Crist
(SEAL)
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TAMARAR. CRIST,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-3373
SCOTT M. CRIST,
Defendant.
CIVIL ACTION--LA W IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for the entry of
a divorce decree:
1. Ground for divorce: irretrievable breakdown under section330 1 ( c) of the Divorce
code.
2. Date and Manner of service of the Complaint: signed acceptance of service on or
about June 6, 2000.
3. Date of execution of the affidavit required by section 3301 (c) of the Divorce
Code: by Plaintiff on September 289 2000 and by Defendant on September 29, 2000.
4. Related claims pending. The economic claims have been settled by agreement.
5 Date the Plaintiff's waiver of Notice in section 3301 (c) of the Divorce was filed
with the Prothonotary: is September 29, 2000.
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Date the Defendant's Waiver of Notice in section 3301 (c) of the Divorce was
filed with the Prothonotary: September 29, 2000.
Respectfully submitted,
ROBINSON & GERALDO
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By
Gerald S. Robinson, Esquire
Attorney J.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Plaintiff
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TAMARA R. CRIST,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CiUl( y~
v.
: NO. 00-
2.)73
SCOTT M. CRIST,
Defendant.
: CIVIL ACTION - LAW IN DIVORCE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. Your are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint of for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
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.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013-3387
(717) 240-6200
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TAMARA R. CRIST,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. P-o/ 3373 C-iuJ <J./Uoo--
SCOTT M. CRIST,
Defendant.
CIVIL ACTION--LA W IN DIVORCE
COMPLAINT UNDER SECTION 3301 C OF THE DIVORCE CODE
COUNT I
1. Plaintiff is TAMARA R. CRIST, who currently resides at 17 Glenwood Road,
Lot 4, Dillsburg, York County, Pennsylvania.
2. Defendant is SCOTT M. CRIST, who currently resides at 146 South Enola Drive,
Enola, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6)
months innnediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 30, 1996 in Camp Hill,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the Parties.
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6. The marriage is irretrievably broken.
7. Neither Party is a member of the Armed Forces of the United States or any of its
allies.
8. The Plaintiff has been advised ofthe availability of counseling and that either
Party may compel the other by Order of Court to attend counseling sessions.
WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree
in Divorce under Section 330 I (c) of the Divorce Code.
COUNT II--CUSTODY
9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint
for Divorce as fully set forth herein.
10. There was one (1) child born during this marriage, to wit: Scott M. Crist, Jr., born
October 14,1996.
11. From birth to present, the child has resided with the following persons and at the
following address:
2
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Person(s)
Address
Dates
Plaintiff & Defendant
40 West Green Street
Mechanicsburg, P A 17055
Birth to January 1997
Plaintiff
22 East Portland Street
Mechanicsburg, P A 17055
January 1997 to October 1999
Plaintiff
17 Glenwood Road, Lot 4
Dillsburg, P A 17109
October 1999 to Present
12. The Court of Common Pleas of Cumberland County, Pennsylvania, Family
Division, has the sole and exclusive jurisdiction in this matter, pursuant to the Uniform Child
Custody Jurisdiction Act, and the Commonwealth Child Custody Jurisdiction Act for the
following reasons:
a. Cumberland County, Pennsylvania, has been the child's home county within six
months before the commencement of the instant proceedings.
b. It is in the best interest and welfare of the child that the Court of Common Pleas
of Cumberland County, Pennsylvania, assume jurisdiction because the child has a
significant connection with this jurisdiction, and there is available in this jurisdiction
substantial evidence concerning the child's present or future care, protection, training and
personal relationships.
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c. No other state has jurisdiction in this matter under the requirements ofthe
Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody
Jurisdiction Act.
13. The Plaintiff has not participated in any capacity whatsoever in any other
litigation concerning the custody of Scott M. Crist, Jr., minor child in this or any other state.
14. The Plaintiff does not know of any other person other than the Defendant herein
who claims to have custody or partial custody rights with the minor child.
15. The Plaintiff submits that it is in the best interests and welfare ofthe minor child
that she be granted custody of the child, and that the Plaintiff can best provide the minor child
with a more stable, healthful, religious and proper environment.
WHEREFORE, Plaintiff prays that this Honorable Court grant custody of the minor child
of the Parties to Plaintiff.
Respectfully submitted,
By:
Gerald S. Robinson, Esquire
Attorney J.D. #27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in this Divorce 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.
~~t V0JJ-
Tamara R. Crist, Plaintiff
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CERTIFICATE OF SERVICE
I, Gerald S. Robinson, Esquire, do hereby certify that on the 24th day of May, 2000, I
caused a true and correct copy of the Order to be served upon the following individual by
certified mail, restricted delivery, return receipt requested by depositing same in the United
States, postage prepaid, in Harrisburg, Pennsylvania.
Scott M. Crist
146 South Enola Drive
Enola, P A 17025
Respectfully submitted,
RO~ERALDO .
By: ~
Gerald S. Robinson, Esquire
AttomeyI.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
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TAMARA R. CRIST,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-3373
SCOTTM. CRIST,
Defendant.
CIVIL ACTION--LA W IN DIVORCE
PROOF OF SERVICE
The undersigned makes the following return of service: the Complaint in Divorce was
served upon Scott M. Crist, the Defendant, on June 6, 2000 at 4407 North Front Street,
Harrisburg, Dauphin County, Pennsylvania. The signed acceptance of service is attached hereto
as Exhibit 1.
SIGNATURE AND AFFIDAVIT
I, Gerald S. Robinson, Esquire, certifY that I am a competent adult not a party to this
action.
I verifY that the statements made in this affidavit and return of service are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. ~4904 relating to unsworn falsfication to authorities.
Respectfully submitted,
ROBINSON & GERALDO
Dated: (p 1& (J(j
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By:
Gerald S. Robinson, Esquire
Attorney J.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Plaintiff
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TAMARA R. CRIST,
Plaintiff,
v.
SCOTT M. CRIST,
Defendant.
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3373
: CIVIL ACTION--LA W IN DIVORCE
ACCEPTANCE OF SERVICE
I, SCOTT M. CRIST, certify that I accepted service of the Complaint in Divorce on or
about June 1,2000.
Date lD/ {p/CJJ
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Scott M. Crist, Defendant
146 South Enola Drive
Enola, PA 17025
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TAMARA R. CRIST,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 00-3373
SCOTT M. CRIST,
Defendant.
: CIVIL ACTION--LA W IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under the Divorce code was filed on June 1, 2000, on the
grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
5. I 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.
~ 4904 relating to unsworn falsification to authorities.
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Date: o/J9/aJ "---Tamara R. Crist, Plaintiff
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TAMARA R. CRIST,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 00-3373
SCOTT M. CRIST,
Defendant.
CIVIL ACTION--LA W IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER !l3301 (c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
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. 94904 relating to unsworn
falsification to authorities.
Date: 9/Jq It))
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amara R. Crist, Plaintiff
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TAMARAR. CRIST,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 00-3373
SCOTT M. CRIST,
Defendant.
: CIVIL ACTION--LA W IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under the Divorce code was filed on June I, 2000, on the
grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a fmal decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
5. I 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.
~ 4904 relating to unsworn falsification to authorities.
Date: 9/J9!G6
PL-/f'~
Scott M. Crist, Defendant
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TAMARAR. CRIST,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 00-3373
SCOTT M. CRIST,
Defendant.
: CIVIL ACTION--LAW IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER!i 3301 (c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights conceming alimony, division of property,
lawyer's fees or expenses if! 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. ~4904 relating to unsworn
falsification to authorities.
Date: 9/fJ1lctJ
Vlf~
-g;cott M. Crist, Defendant
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TAMARA R. CRIST
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-3373 CIVIL ACTION LAW
SCOTT M. CRIST
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, April 30, 2003
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hnbert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cnmberland County Conrthonse, Carlisle on Friday, May 23, 2003 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define 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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, aud Custody orders to the conciliator 48 hours prior to scheduled hearin~.
FOR THE COURT.
By: Isl
Hubert X. GilrQY. Esq. l/
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT.LAW
26 W. High Street
Carlisle, P A
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TAMARA R. CRIST,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO.c2ooo - 3.5'73
IN CUSTODY
vs.
SCOTT M. CRIST,
Defendant/Petitioner
ORDER OF COURT
AND now, this day of , 2003, upon
consideration of the attached Motion, it is hereby directed that the parties and their
respective counsel appear before
, the conciliator, at ,
on the day of , 2003, at _ o'clock
. 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.
Failure to appear at the conference may provide grounds for entry of a temporary or
permanent order.
For the Court,
By:
Custody Conciliator
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
1-800-990-9108
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEVS'AT'LAW
26 W. High Street
Carlisle. P A
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AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, is required
by law to comply with the Americans 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.
By the Court,
Date:
SAIDIS
SHUFF, FLOWER
& UNDSAY
ATIURNEYS.AT.LAW
26 W. High Street
Carlisle, PA
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TAMARA R. CRIST,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO.
vs.
SCOTT M. CRIST,
Defendant/Petitioner
IN CUSTODY
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PETITION FOR MODIFICA TlON
OF THE CUSTODY ORDER
NOW COMES Scott M. Crist, by and through is counsel, Said is, Shuff, Flower
& Lindsay, and petitions this Honorable Court for a modification of a custody Order as
I! follows:
1. Petitioner is Scott M. Crist who resides at 410 Linden Avenue,
Marysville, Perry County, Pennsylvania.
2. Respondent is Tamara R. Crist, now Tamara R. Hughes, who resides
at 1 Clemens Drive, Apt. 6, Dillsburg, York County, Pennsylvania.
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3.
The parties are parents of a son, Scott M. Crist, Jr., born October 14,
! 1996.
4. The parties to this action were married in June, 1996, separated in
Ii 1999, and were divorced by Decree of this Honorable Court on October 1, 2000.
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I: Incorporated but not merged into the Decree in Divorce was a Marital Settlement
II Agreement, a copy of which is attached hereto as Exhibit "A". Paragraph 11 of said
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Ii Agreement shares for shared legal and physical custody of the child, and a sharing of
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physical custody on alternating weeks and holidays as the parties can mutually
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agree.
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SHUFF, FLOWER
& LINDSAY
ATI'ORNE\'StIAT-LAW
26 W. High Street
Carlisle, PA
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5. Subsequent to the entry of the Decree in Divorce, the child resided in
the following places and with the following persons:
A. In Enola, Pennsylvania, with Petitioner, his sister and aunt, from
2000 to 2001
B. At 310 Locust Street, Marysville, Pennsylvania, with Petitioner and
Valerie Steckley, from October 2001 until February 2002 and from May 2002
to August 2002.
6. Respondent lived, after the Decree in Divorce was entered with the
following persons and at the following places:
A. With her mother, and for periods of time with the child,
B. With her husband, Beau, and, for periods of time, with the
child, in a mobile home in Mechanicsburg.
7. Since the parties' separation, Respondent has turned over custody of
the child solely to Petitioner on two occasions, for alternating weekends between
October 2001, and February 2002, and between May 2002, and August 2002.
8. In May 2002, Respondent agreed in the presence of several witnesses
that the child would reside with Petitioner, that he would attend schools in Petitioner's
school district, and that Respondent would not remove the child unilaterally as she
had done in the past from Petitioner's presence. Respondent refused to return the
child to Petitioner after a weekend of custody on August 30, 2002.
9. Petitioner believes and therefore avers that it is in the child's best
interest to reside with him for the following reasons:
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEVS.AT.LAW
26 W. High Street
Carlisle, PA
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A. Petitioner can provide stability and continuity on which the
child thrives.
B. Respondent's actions in depositing the child with
Petitioner and then resuming custody of him are contrary to the child's
interest.
C. The child thrives spiritually, emotionally, and physically,
when in the custody of Petitioner and expresses a desire to live with
Petitioner.
D.
The circumstances of Respondent's life do not provide the
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Ii physical custody of the child on Petitioner with periods of partial custody in
physical environment for the child.
WHEREFORE, Petitioner prays this Honorable Court to confer primary
Respondent as the Court should deem reasonable.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
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SHUFF, FLOWER I
& LINDSAY
ATIORNEYS-AT.LAW
26 W. High Street
Carlisle. P A
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VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties
II of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
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Scott Crist
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FEB-2B-2003 11:20
7175672357
P.02/17
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MARRIAGE SETTLEMENT AGREEl\IF.:NT
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THIS AGREEMENT, made this ...0 ' day of 5t_~fil.LS2()OO, by and
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between TAMARA R. CRIST,ofDiUsburg, Yurk COllnt::, Pcnnsyl\'nnh, hereinalkr refened to
;IS "Wife," am! SCOTT M. CRIST, of Enol a, Cumhtlrbnu CQunty, Pennsylvania, hereinafter
rdcrred to as II Husband. II
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WI IEREAS, ffLL';hand and Wife were lawfully married On June 30, 1996, and ~<;
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and
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WHEREAS, ditlercnces bav'" :,,'ism between Hus'0l<1l1u and Wik in ct.1I1'equence 01"
which they intend to live SCpttrale and upart of each othcr~ and
WHEREAS, llusband and Wife have made a full disclosure of their asscts to each other;
and
WHEREAS, Husbanu and \\life desire to settle and determine their rights ilnd obligatinJ1s
witlI respect to each other, inclUding the disposition and di:;tribuiion of property rights and
intercst, between thcm,
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FEB- 28- 2003 11: 21
7175672357
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NOW, THEREFORE, in consideration ofthe mutual promises, cO"(::Janl~ and
tlntkrtakings hereinafter set {()rlh and for other good and valuable consi,km(,on, receipt of which
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is herehy acknowledged by ~ach of the Parties hereto, ,",'ift' CUld Husband, t'ach intending to be
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I, ADVJCf, OF COUNSEL ,,The proyisior.s [<this Agre"rnr:nl and their legal dTecl
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hm'c: been fully "xplained to the Parties by-fucli respective counsel, GCLllcl~. Robinson. Esquire,
ti,r Wife, rmJ Husband was oftolded ample opportunity TO have: "OllnSel rc,vkw this d()eumC~ll un
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ht'T beh"lf The Parties acknowkdge that they h~ve receivd ir>d<'pencktu legnl ndvice from
I;otlnse] of thcir selection and that they fully understand the f'iict,,'illld have been mfomlcd ~s to
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their Ic~,~tl right, and obligations and they acknowledge and accept that thi, Agf<'ement is, in the
cin':lIlTlsl'mces, r:l" and c'luitablcand that it is being entcred inro freely and voluntarily, after
having n:ceiv{.."{.l su("h advice and \vith such knoviicJgc arid Lhat c_xecution oftbis Agrccrnent is
n(.t thL:' t..:.'Htlt I)fany l!UI'C~S Or u(hlu.e illHu<;Llce antllh.at ir i:-; nut the rc...;,;ull ('It~any enlltJ.::-::it1n or
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I:npr{'~~;!.'r (11' ilk"gal agrct.~n\c:m llC ~Ign':""";llcr.ns_~ .
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. . '~l..:, nf.. .Iran rom tht..~ lHht."r 11;,rrty"(' h [.. '-,' . ,~ .
H sue p ~lLt.:., .t.~ he or she 111'1\/ trl'f!ll t'
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. . e on..'g'l>Hlg pro\'i...:inn.... sn.:ll1not b(; C'rK-en ~t') :In adln-iss:,'on n (I f'
, =_ ""'-_. U Ie pmto
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llc?,ce [hat the terms ofthi8 Aweement shall bc incorporateJ i~!o any Divoi'(:c D"'crct' which may
hl: entered with respect to them at the request of dther P'IlI'j. The Patties agree that the Court of
Commo~ Picas of Dauphin County; Pennsylv<mia, shulLrc\:lin cr:,ntinuing,;urisdiction o\'cr the
f';1I1 ies ,md the Agrcl'lUem for the purposes of eniorccmcm of any of th~ provisiOlls thereof. The
Parric~ :'lg.rcC' thin unless nther\\r'i~,e s!ll'ci ticiJlly provided hL:rc-ln, if a Occ-rCt:' i~ entered divorcing
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the Pani.....::>, <.ll~hough rhis AgrccI1lt.:n[ shall be incorpori.lted into :.;aid D(;<':T";l~. this .Agrccrnc-nt shall
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tll)! merge: wilh, bllt sholl continue in fulllorce and e1ket after ;;uch time as a Final Decree in
Uivorce may b<; entered with respect iLl the Parlies and may be en{'orced in an action inclepcndcnt
of {he Di VDrce Decree. The Parties agree and it is the intent of endl of thCIll thai even though
this Agrecment may be ellfi)fced either under the provisions t>fthe Penmylv,mia Divorce Code
,,[' in all action independent of the Divorce Decree in IlccordaJlce with ScetiMI 3502 of the
PL'!\!\syl\'nnia Divorce Cl1de, the provisions ofthis Agreement regarding the disposition of
:1 \,:xl:,aLllg r'fOp-.:rty right~ and interest.s bctwt.:cn the Pa11ic~'L alimony, alhnolly pendente 1ite~
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(;Ilun:.;t:"\ 1'1,,~l.::'; ;,md cxpen;:-;L:~ ~hal1 not bl..' subjt:c.:.t to modification by :my Court.
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. ~. . .t..~, . ...;-.!ll:W,(.:uL~:;;" and C.'{pn:.:::::~ th~ir
. ;:~rrl..~mr.,"m lh~'H rh~ m~lrr:inge is irrctrTt,"
'Jbly broken. and rhL" P~lr!H'$ agrc:,;' t(,J cooperate in any
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lll"U;:.-:S.:..!r\" W,<1Y to ohr"'1I] 'j n,ut','j
~ . - <.. ... ,[ COn: ~ nt no frmlt i
:, ". (i\'nrcc, pUr"""lt to Sec{;on.1)(JIC ofthc
Pt,'tlnsyh:min Divon.:e Code.
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FEB-2B-2003 11:22
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5.
INT ERFEREN..Cg. Eaeh Party shall be free from interference, authority, and
CQJltact by the othc'r. as fully as if he or she were single and unmarried. e.xcept a:< may be
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necessary to carry out the provisions of this Agrccmc!lt.N~ithcr Party shajj molest the other or
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attempt to mulest the other, nOr compel the other to cohabit with the other, or in ~ny way harass
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G. .'!Y.IfE.:S DEBTS. Wife represents and wammls te. Husband that she win not
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or rnnfigu the other. IH"H' in any way in[l2"rfi:.:-rc with the pc<.n:.t:CLll C'xistence. st:panl1e and apart fnrm
l'b:;:lotht"L
wntmct or incur any d"bt or liability for which Husband Of his estate might be responsible and
she shall indemnify and saVe hmmless Husband from any ilnd all claims [)r deln,mds made
against him by reason of dcbts or oblig:ltions incurred by her.
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7. l1U;;t,B!\,1\iD'SP.I;:B'rS, Husband reprcscnb ond WHrranls to Wite that he \ViiI not
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Conlr.J.L"t or ineur any dents l)[" liahility fen- which Wif(~ or llt;r c:-:tate rnight he responsible. and he
sh:dl indc.:nl:nif.... 'lnd S'l\.'P h"lf :11'" \V' f f 1 11 .
~ ~ , "~ ... ~ n l.::~~ l C' rom ally an( ~l c!auns or lk~Il1and:-; rnadc agaiH~t ht"':t" by
n::l~H1 o(<kht;.; or nhli.gmi,oll:S im:"llrred hy him.
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7175672357 P. 06/17
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8. MUTUAL RELEASE Subject to the provisions ofthis Agrccme'1t, each Pal1y
has released and discharged, and by this Agreement, does li,)]"I,imsclfor herself; and his or her
beirs. legal representatives, executors, administrators and a<signs, release and discharge the other
of and from all eaLlses of action, claims, rights, Or demand,';, whatsoever in law or equity, which
either oflhe Parties had Or now has against the other, except ti)c any and:\11 '"mse' of action tor
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divorce and except for any and all causes of action for hreach of any provisiolls nf this
9, DlSCLOSURI~.QJ::.PROPERTY. Husband and Wife acknowledge and agree that
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Agn:"rncnt.
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they have made a fu1J and complete disdosure to the other of all information pertaining to the
Parties' separate alld marital property owned, possessed andlor controlled by tbe other at the time
I, "fthe separation of the Partic:s amI, flLl1her, that the Husband and Wife voluntarily and
inlel1igently agree tu waive any rights which they may have' to receive an Inventory and
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Appraisement of all property owned or possessed by them, either jointly or individually, al the
lime of the delivery of this Af,'Teement or of the commencement of any action of Jivorce.
10 EQUIT ABJ,<_EJ2.L$TRIBUTION. With respect to the equitable distributioll and
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division ofnlantal and, the Parties have divided between themselves, to their mulual satisfaction,
any and all property prcviollsly used by Ihem in the marital home. Both Parties hereby accept the
provisiCH1S of this Agreement with [espect to division ofpropel1y in hell of and in tull and final
settlement and satisfactIOn of all claims and demands that th"y may now have or hL'Teaftcl have
against the other f()[ the equitable distribution of their propeliy by any Conrt of competent
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FEB-28-2003 11:23
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Jurisdiction purslIant to Section 'l.'i02 of the Divorce Code or nny other I;]ws. H,,,hanrl and Wife
II, CHILD CUSTODY/V I:'iXJj),I!9N. The 1',,,.t;e, shall have shared legal and
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voluntarily and intelligently waive and relinquish any rights tll c;cek a Court-onlered
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detennination and distribution ofrnarital property, but nO tiling herein shdl tllnstitute a waiver by
either Patty of any rights to seek their relief of any Court r'.,r the purpose or cnfilrcing the
provisions of this A!,>rccment,
pllysieal custody oftllc Parties' minor child, Scott M, Crist, Jr., born on October 14, 1996, The
P:u,ties Slt"l! share physical custody on altemating weeks and sball share hohciays as the Patties
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11111tuaIIyagree.
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II. Domestic RelutlOns,
\ 2. CHILD .$UPPORT, The Parties agree t(1 pay child sUPP(J11 as ordered by
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11 lJIGtlER EDLJCATf.9N FOR THE C111J,D, 'fhe rartie~ mutually agree to share
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C"qll~\l1y any and ,Lit C(lsts :'L<:'~;Ql.:iatl:d \Vi~h \'ocalional instit'uf[o!ls or undcrgr~ldllate culleges C>r
lIni\cr:;itic's \....hich c:,ln: rL~;t.'i...milhk and :~ppropriate l(')r tl"ll~lr i....:bdd. \I\cludin;;. but not 'limited to,
itppfil.:;lrjnn t~L'$, tuiritHl ('O\iU h."eS rl'f"l! 'lnd bl.l'lrl! :Jll(111' L
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1'1. ALlMQ1'J.'(,j\I~[M9NY PENDENTE LJII';,.l_'OLJNSEL Fa.S :lli.Q
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l:;:xPg~SF,S. Both I'm1ies accept the provisions of this A::-r~(:rnent in li~u of and as full and final
settlement and satisfaction of all claims and demands that Ihey may now iJT herealler have
against the ether for alilllClny, aliulony pendente lite, COt~!lSe1 fees or expenses, or for any other
rrLl\'i~~illn li)[ SupplJrl :'lnd ITI:'\intcfWn(~(' !:l(:lr.lfC, during Of :'! rier the U1n1n1C'I1CCm(:nt of any
pnJl;l;;Cdin~s 1l1r the dlvorce or ~H1nuln)ent bet\veen the Parhe."_ ~~a.(:h Party shall b~ respnnsible
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15. WAIVER Of (~AlMS AGAfNSIE~IATI~. Except as herein otherwise
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provided, each Party may dispose of hi" or her property in anv way, and each T'a'1y hereby
waives ilnd rdinyuishes any and all rights he or she may now or hereafter acquire, under the
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present O( future laws of any jurisdiction, to share in the prop<'tTy Or the estate of the other as a
result of the marital relationship, including, without limitation, dower, courtesy, ,statutory
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allowance, widows allowance, right to take property under equitable distribution. right to take in
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intestacy. right to take .1gainst the \.,,-1\1 nflhe other~$ e:,,;,tatc. and who win, at the request of the
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olht.:L ~.\T{:lUl:, al.,.~kno\'.:h.~dgc aTJd (ldi\\_T any and.all jn~[nllJlt.=nl~~ whil.:h nUl}.' ["'Ie n~ct:ssary nf
;rdl,:i~~ahk to c.;lrry into encct this lll1.Jtu.:l waiver and rdinqul:;Jllnent ofal1_'>uch i.nterestSI rights
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DREACff If either Party breaches any provision of this A'(recment the other
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Partv shall have the rioht . t 1'. h 1 -
- . .", d 1I5 Or er e eetlOn, to sue for damage,; for s~leh breach or seek such
other remedies Or relief as may be advisable to him or her, and the Party breaching this Contract
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_)IIlJ\.lld b<: resplHlsible f()T pa}rl11cnl of JcgJl tCt=:1 nnd costs il~:nlrrcd by the l)tht'r in enffJrC"ing their
ri gilts under this Agreement.
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17. ];.l:lTIREAGRJ;:.J:::"MENT- This Agreement contains the entire understanding of
llle ['arties and there are no representations, warranties, eOVenants or lIn.:lel1akings other than
thust: l'xpre:;sly "et \\:I1rmntil's. covenants or undel-takings "tiler than tbuse expressly set forth
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Iii MQDIFIC,'\IT01\) ANDjVAIVER. Thf>'f[\odificationorwaivcrofanyofthe
provisions ofthi, Agreement shall be effective only if mack in writing ,md executed with thc
"<[me: foona!ity a,; this Agreemcnt. The Elilure oft;ithcr PUrly lL' insist upon strict perfOIll"IIlCe of
'In)' ofthc proVisions of this Agreement shall not be construed as a waiver or any subsequent
dd'llllt ot"the same or ,imibr nature.
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I f) DESC:E f.I:,:rlVE HEADINGS The descriptive heading$ used herein are for
CfHlVL:ni"n"L: o"lv. They shall havc ill' effcct whatsoevcr in determining the rights or obligations
ot" the P~lnics
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20. .
IN [)U'ENDI;~I.~.f:l:,~RATE COVENAJ\i.T It is 'pecif]caJIy lllluerstood and
'Igrl"t'd by and between the Parties hereto rhat caeh paragraph hel-eof shallll<.: deemed to be a
separate and independent Covenant and agreement.
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21. ,,\ r'PLICAB1):;:..LA \\1. This i\grecmctl! ShOll! b" GOl1struc:d under the- laws 0 rthe
Commonwealth of Pennsylvania.
n. YD.LUNTARYEi'{ECLTTION. Husb,md and Wife acknowkdg', and represent
that the provisions of this Agreement are fully understood hv both Parlies and each Party
'":KJ1f.',wkdgc: thai lhi" A~rc,l11e"t i,; i" all respects fai,' ;end "'ll!ihhle, Ih:l! it is
being enlered il1ro voluntarily and knowingly, and that it is not lhe rcsult of allY duress, undue
influence, collusion or ilnproper or illegal agreement or agreeml'nts.
.IN WITNESS WHEREOF, the Parties have here1l1:1o sct their hillld:; JJlr:l seals the day
and year 6rst above written.
WITNESS;
.i1LLil.Jf~A
~ ~.~:~~M'<SEi\L
Tanl.:uCl R_ Crist
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rn;:TTORNEY AT LAW
148 SOUTH BALTIMORE STREET
P. Q. Box 421
DILLSBURG, PENNSYLVANIA 170\9.042\
(717) 432.4514
FAX (7\7) 502.1087
E-Mail: jmalexander148~u~~T~g:2003
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The Honorable EB . <'ld"'"Ji,. Elala'O
Cumberland County Court House
1 Courthouse Square
Carlisle,Pa.17013
Re; Tamara R. Hughes
( formerly Tamara R. Crist) Plaintiff
vs
Scott M. Crist Defendent
Dear Judg~ a&
No. 00-3373 Civil in
Custody
The above captioned case is scheduled for a hearing before you in Court room No.2
on August 27,2003 at 11;30am.
I have been informed by Carol J. Lindsey Esquire, attorney for the petitioner, Scott M.
Crist, that he wishes to withdraw his claim for primary physical custody.
Attorney Lindsey forwarded to me the times for which her client wishes partial
physical custody, My client, Tamara R. Huges agrees with his requests.
Therefore, I am respectfully requesting that the hearing scheduled for August 27th be
continued with the understanding that counsel will have a signed satipulation presented to your
Honor by September 10th to be confIrmed as an order of court
JMA/js
cc: Attorney Carol J. Lindsey
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATfORNEYS-AT.LAW
26 W. High Street
Carlisle, P A
.
TAMARA R. CRIST,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. flfJ- 3373
IN CUSTODY
VS.
SCOTT M. CRIST,
Defendant/Petitioner
ORDER OF COURT
AND NOW, this
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day of
consideration of the request of counsel that the matter be generally continued, the
hearing set for Wednesday, August 27, 2003, at 1 :30 p.m. is continued generally to be
listed for a hearing upon the request of either party.
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FlLED-OfFlCE
OF THE j-T;G~}I~)\lC)Tf\RY
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PENNSYLVANIA
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LAW OFFICES
JAMES D. FLOWER
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROLJ. LINDSAY
MATTHEW J. ESHELMAN
KIRK S. SOHONAGE
THOMAS E. FLOWER
LINDSAY GINGRICH MACLAY
JACL YN M. SMIlH
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243.6222 . FACSIMILE: (717) 243.6510
EMAIL: cIindsay@ssfl.Iaw.com
www.ssfI-law.com
WEST SHORE OFFICE:
2109 MARKET STREET
CAMPHILL,PA 17011
TELEPHONE: (717)737.3405
FACSIMILE: (717)737.3407
REPLY TO CARLISLE
August 26, 2003
The Honorable Judge Edgar B. Bayley
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
via FAX: 240-6462
Re: Crist v. Crist
No. 00-3373
Dear Judge Bayley:
I represented the Petitioner in the case which is set for a hearing on Wednesday in your
Courtroom at 1 :30. The parties believe they have resolved their matter. However, it is
not completely reduced to stipulation and so we would request that the matter be
continued until counsel and I can document the parties' agreement. The Respondent in
this case is represented by Jane Alexander.
Thank you very much for your assistance.
Very truly yours,
SAlOIS, SHUFF, FLOWER & LINDSAY
Carol J. Lindsay
CJUtjb
cc: Scott Crist. 567-6008
Jane Alexander, Esquire. via FAX: 502.1087
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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TAMARA R. CRIST,
Plaintiff/Respondent
vs.
SCOTT M. CRIST,
Defendant/Petitioner
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. DIVORCE
NO. 2000-3373
: IN CUSTODY
~DEROFCOU~
8 ~ day of
AND NOW, this
, 2003, upon
consideration of the within Stipulation the terms are hereby made an Order of Court.
By the Court,
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SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS'AT'LAW
26 W. High Street
Carlisle, PA
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TAMARA R. HUGHES Formerly
TAMARA R. CRIST,
Plaintiffi'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - DIVORCE
: NO. 2000-3373
SCOTT M. CRIST,
DefendantlPetitioner
: IN CUSTODY
STIPULATION
The parties hereto stipulate as follows:
1. They are the parents of Scott M. Crist, Jr. born October 14, 1996.
2. The parties shall share a legal custody of the child. They acknowledge the
obligation to consult one with the other when making important decisions with
regard to the child. They acknowledge the right of the other to receive
important information, such as educational and medical information regarding
Scott Jr.
3. Tamara R. Hughes, formerly Tamara R. Crist, hereinafter "Mother", shall have
primary physical custody ofthe child.
4. Scott M. Crist, hereinafter "Father", shall have partial custody of the child on
the following schedule:
a. On alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00
p.m.
b. For two weeks in the summer, Father will schedule his two-week
vacation over his alternating weekend. Further, Father will give to
Mother thirty (30) days advance notice of the times when he will
exercise his two weeks of custody in the summer.
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c. Every Christmas Day at noon until noon on December 26th. Mother
shall have custody of the child on every Christmas Eve at noon until
Christmas Day at noon.
d. On alternating Thanksgivings from 5:00 p.m. on the Wednesday before
Thanksgiving until 5:00 p.m. on the Friday after Thanksgiving unless
the weekend following Thanksgiving is Father's weekend on the
alternating weekend schedule in which case he will maintain custody of
Scott for the weekend. The alternating pattern will begin in 2003 Father
having custody.
e. On alternating Easters from noon on the Saturday before Easter until
Easter Sunday at 5:00 p.m. Mother would commence the alternating
Easter holiday in 2004.
f. On alternating New Year Days from New Year's Eve at noon until New
Day at 5:00 p.m. Commencing with the New Year holiday with Father
in 2003-2004.
g. In the event that a party has custody ofthe child on a weekend
preceding Labor Day or Memorial Day, that party may maintain custody
of the child over the holiday returning the child at 5 :00 p.m. on the
SAlOIS
SHUFF, FLOWER
& LINDSAY
holiday.
ATIORNEYS.ATlLAW
26 W. High Street
Carlisle, P A
5. For all periods set out in this order, the parties will share transportation with
party receiving the child picking the child up at the home of the other party.
6. Mother will provide to Father as soon as she receives them, any written or oral
notices regarding school or extra curricular activities for the child: When
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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pictures for the child are offered for either school or athletic events, Mother will
immediately notif'y Father so that he can place his order separate from or with
her if possible.
7. Parties will have free, open and unrestricted telephone contact with the child
while he is in the custody of the other. In the event that a parent calls the child
and must leave a message on an answering machine because the child is not
present, the child will immediately return the telephone call.
8. Neither party will do or say anything which will tend to injure the natural love
and affection the child has for both parents.
9. The parties intend that the terms of this stipulation be incorporated into an
Order of Court.
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Scott M. Crist
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SHUFF, FLOWER
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ATfORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
TAMARA R. CRIST,
Plaintiff
vs.
SCOTT M. CRIST,
Defendant
AND NOW, to wit, this
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2000-3373
IN CUSTODY
ORDER
~ '1-tJ-. day of ~, 2004, upon
consideration of the within Stipulation of the Parties, the terms therein are hereby
made an Order of Court.
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SHUFF, FLOWER
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ATIORNEYS'AT'LAW
26 W. High Street
Carlisle. PA
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TAMARA R. CRIST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2000-3373
vs.
SCOTT M. CRIST,
Defendant
IN CUSTODY
STIPULATION
The parties hereto stipulate as follows:
1. They are the parents of Scott M. Crist, Jr. born October 14,1996.
2. The parties shall share a legal custody of the child. They acknowledge
the obligation to consult one with the other when making important
decisions with regard to the child. They acknowledge the right of the
other to receive important information, such as educational and medical
information regarding Scott Jr.
3. Scott M. Crist, hereinafter "Father", shall have primary physical custody
of the child.
4. Tamara R. Hughes, formerly Tamara R. Crist, hereinafter "Mother" shall
have partial physical custody of the child on the following schedule:
a. On alternating weekends from Friday at 5:00 p.m. until Sunday at
5:00 p.m.
b. For two weeks in the summer, Mother will schedule her two-week
vacation over her alternating weekend. Further, Mother will give
to Father thirty (30) days advance notice of the times when she
will exercise her two weeks of custody in the summer.
II
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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c. Every Christmas Eve at noon until Christmas Day at noon.
Father shall have custody of the child on every Christmas Day at
noon until December 26th.
d. On alternating Thanksgivings from 5:00 p.m. on the Wednesday
before Thanksgiving until 5:00 p.m. on the Friday after
Thanksgiving unless the weekend following Thanksgiving is
Mother's weekend on the alternating weekend schedule in which
case she will maintain custody of Scott for the weekend. The
alternating pattern will begin in 2004 with Father having custody.
e. On alternating Easters from noon on the Saturday before Easter
until Easter Sunday at 5:00 p.m. Father would commence the
alternating Easter holiday in 2005.
f. On alternating New Year Days from New Year's Eve at noon until
New Day at 5:00 p.m. Commencing with the New Year holiday
with Mother in 2004-2005.
g. In the event that a party has custody of the child on a weekend
preceding Labor Day or Memorial Day, that party may maintain
custody of the child over the holiday returning the child at 5:00
p.m. on the holiday.
5. For all periods set out in this order, the parties will share transportation
with party receiving the child picking the child up at the home of the
other party.
.,
II
SAlOIS
SHUFF, FLOWER
& LINDSAY
A~AT-UW
26 W. High Street
Carlisle, PA
6. Father will provide to Mother as soon as he receives them, any written
or oral notices regarding school or extra curricular activities for the child.
When pictures for the child are offered for either school or athletic
events, Father will immediately notify Mother so that she can place her
order separate from or with him if possible.
7. Parties will have free, open and unrestricted telephone contact with the
child while he is in the custody of the other. In the event that a parent
calls the child and must leave a message on an answering machine
because the child is not present, the child will immediately return the
telephone call.
8. Neither party will do or say anything which will tend to injure the natural
love and affection the child has for both parents.
9. The parties intend that the terms of this stipulation be incorporated into
an Order of Court.
WITNESSES:
.~(A.~
f':>'1n/Y1111 /I ta 'f, ~ l ~
Tamara R. Hughes
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Scott M. Crist
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