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HomeMy WebLinkAbout00-03496 ~ ~.~ ~ ',~ a ~.~ ~ ~i ~.~ ~ ~.~ ~ ~.; ~ ~ ~ ~.~ ;.~ ~ ~ ~ ~ ::~:.X):.::.;;:::.::.::<>::.::.':::::~::.::..;::::.::.::( ;:'::.::.;,: x+::o.::::-.::.::...: )::.x - ,- ~--" ; , h' "-"r,' ,j' .'__~", ~-.. '_~ ,L _,' >,--_~ '--,-":N '.< "';' "".".:<<.'~"'.":*,'--"."'~'~""'~"~'""!a"''''''1P.;~''''-'''''.:__'''''''_",L_,..,.l'Nift:.oi'.P~"'__:~'''~~'''''-''_~_: ......''>''''_'r',.....'''''<;.:.._~:''...-t1'~:OQ,.'''''''.....,..,.'-:...:..-all! g; is ~ l'--~" ...-" .....~' ,,,,-~.,:,, "'~' .;~:;'" ,""H'.'" ,'" ".'" ""'",,,!.. ~"d!o" ",!...,,!.. ",!>.,~!.. "'~",~.;i',......~.~,__.L:..-;'<!<o\'IW'..,~~_,...,'~_'"'!;,;-,'~!.._~.,,,'~~.._!",-.~~_!;,;.-<':_'"'!;,;-;;!.._/,..~:_*'-,;!.._!"J'~:...~~I..' ~ if! -' ,,~%i':~~_"'c:~_fi';'~......./;;::-.X*~B!::.~&'II ~ I v ~ ~ I ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~">,,..'~',:: .. ~ ~ ~.~ OF CUMBERLAND COUNTY STATE OF PENNA. JIMMY E. COX muuun_.....n I I I N o. .~,~?~....(.~.~vi~....~.e.~lllh~2000 Versus '0.," t4 ~.~ i1 '.' ;'.s ~ 'M i ~.t a ~.~ ~.~ * BARBARA A. COX DECREE IN D IV 0 R C E ~.~ ~ ~ ::: ~ k~ ~ ~.,; ~ ~.~ i ~.~ ~ AND NOW, . . .o.4:'qlac..r. . ,( .~. . . . . . .. " 119. ?-.~'?2 it is ordered and decreed that . ~.I.~~~. ~.. . ~?X.. . . ., . .. . .. . . . . .. , . .. .. , ... .. . ,. " plaintiff, and. . . ~.~~~~~.~.~.. ..c;<?~. .. . . .. . .. . . . . , .. .. .. .. . . . .. . .. .. .. .., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE. The parties' Property Settlement Agreement dated October 2, 2000, which is attached hereto, is incorporated, p.u.t .I:1P.t. .merg.ed,. i.nto. .this. Decree. ., ,.. . .. . ., . .. ... . . , .. . . .. .. .. .. . . , ".", t4 ~.~ ~ ;,.", ~ .,., k~ ~ :."; " ~ Prothonotary "......................... ............. .................. ;.~~ ~ ;;; ~ ~ ~~'< V' W " a !i'.~ $' ~~, M i:I ! I...~:..::.>>};XC("'>>:"')>>:(':'>>:':::::.>>};):+"..(::.>>:()>>:(,.~.::;:)>>~.~.:',.. ~ a .,.~ i I I I , I 'I , j il: II !~ Ii I 1[" i [ I i L !:: f; I; .I I I J' t !Ii i i c r I !:' i I ,[; i ~.~ ~~~ , h ~ ~.~ ~ ,<"< i..; ~ <..", ~ ~ ~ ~ i ~." ~.'~ ~ ~ i ~." ~~~ I ~>:; i ~." ~~~ ~ ~ n i ~.~ I:' a 1I.<! ij ~ ~~~ ~.~ , ,;-; ~ "'." J. I ~ "l ~ ~ ~.~ ;Os ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ 'i ~ y ,~ ) C.'" I, "", t ." , PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the 0( day of OcJ- , 2000, by and between JIMMY E. COX, of 106 West First Street, Boiling Springs, Cumberland County, Pennsylvania (hereinafter, the "Husband") and Barbara A. Cox, of 60 Old Stonehouse Road, Carlisle, Cumber- land County, Pennsylvania (hereinafter, the "Wife"), who agree as follows: WITNESSETH: WHEREAS, Husband and Wife entered into a marriage on or about August 1, 1987, in Lebanon, Lebanon County, Pennsylvania; WHEREAS, the marriage between Husband and Wife has produced one (I) minor child, to wit: Jonathan Zachary Cox, date of birth May 2, 1991 (hereinafter, the "minor child"); WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; WHEREAS, Husband filed a Complaint for Divorce on or about June 8, 2000, which is docketed in the Court of Common Pleas for Cumberland County, Pennsylvania at No. 00-3496 (Civil Term); and WHEREAS, Husband and Wife desire by means of the within Agreement to settle and determine all of their rights and obligations to one another under the Divorce Code of 1980, as amended. NOW THEREFORE, in consideration of the promises and covenants contained herein, and intending to be legally bound, it is agreed by and between the parties hereto that: 1. Separation. It shall be lawful for each party at all times hereafter to live separate Page I of 12 -, . .' \c~ Mt', r . , and apart from each other at such place as he or she from time to time shall choose or deem fit. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried, They shall not harass, disturb or malign each other or the respective families of each other, The foregoing provision 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. 2. Ent" as Part of Decree. An action seeking the dissolution of the marriage is pending in a court of competent jurisdiction. The parties hereby agree to execute the Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree at the earliest possible date. The parties acknowledge the availability of counseling and both parties have waived their right to counseling. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree or divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated, but not merged, in any fmal Decree in Divorce, 3. Mutual Release. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, Page 2 of 12 , . :' , ~ t " the estate of the other or any party thereof. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, it is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. 4. Waiver of Claims under the Divorce Code of 1980. as amended. Including. but not limited to. Claims for Spousal Support. Alimonv. A.P.L.. Attornev's Fees. etc. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, and/or future obligations arising under the Divorce Code of 1980, as amended, including, but not limited to claims for support for himself or herself, spousal support, alimony pendente lite, temporary and/or permanent alimony, counsel fees or expenses from the other party. 5. Warranty of Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. The parties waive their respective rights under the Divorce Code of 1980, as amended, to obtain formal valuations and appraisals and to engage in formal discovery to identifY and value all property owned individually or jointly by a party. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of Page 3 of 12 , ~ ^ , I:" -J........,-. '~,;,^, . , assets, debts or income, 6. Dutv of Cooperation. The parties shall mutually cooperate with each other in order to carry through the terms of this Agreement. Within ten (10) days after demand therefore, the a party shall execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or cause to be done in any other act or thing that may be necessary or desirable to the provisions and purposes ofthis Agreement. 7. Breach of Al!:reement. In the event that either party breaches any provision of this Agreement, the non-breaching party may seek to enforce this Agreement in a court of law or equity, and, if a breach of the Agreement is established in a court of law or equity, the breaching party shall pay the non-breaching party damages for said breach, if any, and all reasonable attorney's fees, court costs and expenses which are incurred by the non-breaching party in enforcing the Agreement. 8. Personal Propertv. Husband and Wife have previously agreed to the distribu- tion of all items of personal property, including, but not limited to, accounts and household goods. Except as provided herein, Husband agrees that all such property in the possession of Wife shall be the sole and separate property of Wife. Except as provided herein, Wife agrees that all such property in the possession of Husband shall be the sole and separate property of Husband. Each of the parties does hereby specifically waive, release and renounce any further claims with respect to said items. 9. Waiver of Rie:ht to Share in Retirement Benefits. The parties hereby waive, Page 4 of 12 ,j-," L" .J.,," , , relinquish and release any and all claims and rights either may have or ever had, presently has, or may in the future acquire, in and to any and all retirement benefits titled in either parties' individual name, whenever acquired, including, without limitation, any and all pension and profit sharing plans, Keoughs, 401(K)'s, I.R.A.s and any and all other assets oflike kind and character, and any appreciation in the value thereof, whether due to market conditions or the direct or indirect contributions or efforts of either party. Wife specifically agrees to waive any and all rights to and interest in Husband's pension with and through the Teamsters union. 10. Marital Debts. Except as otherwise provided herein, each party agrees to assume full responsibility for any and all debts in their individual name, regardless of whether the debt(s) is/are marital or non-marital. Each party agrees to indemnify and hold the other party harmless from any liability, cost or expense, including attorneys' fees, which are incurred in connection with such debt(s). Notwithstanding the above, Husband agrees to assume full responsibility for the personal loan with Keystone Financial (Account No. 28584420013), 11. Other Debts. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, Page 5 of 12 ,~,~. ~~ ,--I -, , , 12. Medical Insurance. Each party will be responsible for his/her own medical insurance. 13. Waivers of Claims Ae:ainst Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relin- quishes any and all rights he or she may now have 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, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to 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. 14. Real Pronertv. The parties own as tenants by the entireties certain improved real property located at 60 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania (hereinafter, the "real property"), which is subject to a mortgage, Subject to the provisions below, Husband shall execute a deed prepared by Wife which will be held in escrow by Hus- band's counsel until such time as the mortgage is refinanced and,Husband's name is released from the mortgage obligation. Husband's counsel shall present the deed to Wife's title company for settlement. If Wife is not able to effectuate refinancing on the mortgage and a release of Husband's name from the mortgage obligation by March 15,2001, then the parties agree that the real property shall be listed for sale with a licensed real estate broker or agent and sold for fair market value on the earliest possible date. Wife shall be responsible for all costs, expenses, taxes Page 6 of12 ," ,,< , ~ I,-=~,,,"_, I or fees incurred in connection with the listing and sale of the real property, After payment of the mortgage and all costs, expenses, taxes or fees incurred in connection with the listing and sale of the real property, Wife shall receive all remaining proceeds from the sale and shall be responsible for any resulting shortages or losses, From the date of the execution of this Agreement, Wife shall be solely responsible for all past, present and future costs, expenses or liabilities attributable and/or resulting from the real property, including but not limited to all mortgage payments, real estate taxes, water and sewer rents, gas, electric, telephone service, insurance, repairs, and routine maintenance. Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense which are incurred in connection with such past, present and future costs, expenses or liabilities attributable and/or resulting from the above-described real property. 15. Custody of Minor Child. The parties agree to the following with respect to the aforesaid minor child: A. Husband and Wife shall have joint legal custody of the minor child. Except in the case of an emergency, all major decisions affecting the minor child's growth and development, including medical treatment, education, and religion, shall be made jointly by the parties. Neither party shall, while in the presence of the minor child, make (or allow to be made) any disparaging or derogatory remarks about the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the minor child should respect and love. Each parent shall be entitled to Page 7 of 12 , L ,,~,~, . , i receive information concerning the minor child, including medical records, educational records and religious records. Each parent may attend medical appointments or scholastic conferences and activities. B. Husband and Wife shall have shared physical custody ofthe minor child, C, Husband shall have physical custody of the minor child for 54 consecutive hours each week, which will be exercised during his days off from work. The timing of this 54 consecutive hour period is subject to change from week to week as Husband's work schedule frequently changes. Therefore, Husband's 54 consecutive hour period may begin and end on different days from week to week. D, Husband and Wife shall alternate physical custody of the minor child on the following holidays: Easter, Memorial Day, July 4th, Labor Day, Halloween Day; Thanksgiving Day, Christmas Eve (from 6:00 p.m. on December 23rd to 10:00 p.m. on December 24th), Christmas Day (from 10:00 p,m. on December 24th to 12:00 p,m. on December 26th), and New Year's Day. The party with physical custody on any given holiday may, at his or her option, begin the period of physical custody the night before the holiday or extend the period of physical custody to the morning after the holiday; This holiday schedule shall supersede the parties' regular custody schedule. E. The party who is to receive physical custody shall be responsible for all Page 8 of 12 ',-, __,'_L, , , ~,~ ' , , ,. transportation necessary to effectuate this Agreement. F, The parties shall have reasonable telephone contact with the minor chil- dren at all times. G. Neither party shall move to a residence greater than 50 miles from 60 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, If a party violates this particular provision, that party forfeits all physical custody rights provided under this Agreement, and the non-breaching party shall automatically receive primary physical custody of the minor child until such time as the parties agree, in writing, to a new agreement regarding custody or until an Order is entered providing for a new custody arrange- ment. H, As long as Husband has health insurance on the minor child through the Teamsters' union at no cost, he agrees to pay 50% of any co-payment over $1 OO.OOfor any single doctor's visit or hospital stay, with the exception of injuries from certain injuries which will be discussed below, If the co- payment referred to above is under $100.00, then Wife shall responsible for 100% of the co-payment amount. 1. Since the health insurance coverage offered through the Teamsters' union has no or limited coverage for injuries caused by traveling on motorcycles, mini-bikes, ATVs, go-carts, jet skis or motor boats, it is expressly agreed that the party who has custody at the time the minor child is injured while Page 9 of 12 ,,~ " , , engaged in such activity shall be responsible for any medical expenses not covered by insurance. Notwithstanding the above, the parties understand and agree that the custody provisions contained in this Agreement are subject to modification at any time by a court of competent jurisdiction. 16. Advice of Counsel. It is recognized by the parties hereto that Husband is represented by Michael A, Koranda, Esquire. It is recognized by the parties hereto that Wife is not represented by counsel, although she understands her right to be represented by an attorney of her choice. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that it is not the result of any duress or undue influence. 17. BankruDtcv. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor-spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, Page 10 of12 " , L~ ~ ',-' .. regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable, 18. Effective Ae:reement. This Agreement shall bind the parties, their heirs, executors, administrators and assigns, 19. Entire Ae:reement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. Prior Ae:reement. It is understood and agreed that any and all property settle- ment agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. Modification and Waiver. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing 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 of the same or similar nature. 22. Governine: Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Conunonwealth of Pennsylvania. 23. Contract Interpretation. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have Page 11 of 12 ",-. , , ,. hereunto set their hands and seals on the day and year first above written. WITNESS: ~~p~ ~ ' JI Y E. X ~~/ZVUA 4x: B ARA A. COX Page 12 ofl2 , ~".-,'~ ,: , , I I ~-,- " J' 1.........," . , r' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j On this, the day of ) ) ss: (JJ , 2000, before me, a Notary Public, personally appeared JIMMY E. COX, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and NOTARIAL SEAL ~ Wendy M. Burkholder, Notary Public Carlisle, Cumberland County M Commission ex Ires June 7, 2003 . ~'_.,-_.",",,--- " , . 0lIW..-, . j r' . COMMONWEALTH OF PENNSYLVANIA On this, the J day of ) ) ss: ) vel , 2000, before me, a COUNTY OF CUMBERLAND Notary Public, personally appeared BARBARA A. COX, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL Wendy M. Burkholder, Notary Public I Carlisle, Cumberland County ~'1J.: Commission Expires Jur,e~I, 2003 ",,,,"J;-' ,,' ~~"~l;JIiI~lfil~I,..~~l1iIill>liII1iitIll~~l!i'j_g~~O:m~1l/i;;IlIiIlIoi~-~ .., -~". ,~ -- - .lIil"li.~ '. () c $;:: U['l': n"j'T: 4.:1'.' 2'~: :- ~.J..::--:: k' ~E~ 1..-- ~ ~' c_'" c::' C) c} -.; I (.:' ."(J r:~;J :Jl r,j - () --'~r ~.~ c;J :< ." ""'" / I ,. i i I JIMMY E. COX, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-3496 (CIVIL TERM) BARBARA A. COX, Defendant. : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO 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 S 330l(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service form executed by the Defendant on June 11, 2000 (original attached hereto). 3. Date of execution of the affidavit required by S 330l(c) of the Divorce Code: by Plaintiff: October 2, 2000; by Defendant: October 2, 2000. 4. Related claims pending: none. 5. Date Plaintiffs Waiver of Notice in S 330l(c) Divorce was filed with the Prothonotary: October 5, 2000 (original attached hereto). Date Defendant's Waiver of Notice in S 330l(c) Divorce was filed with the Prothonotary: October 5, 2000 (original attached hereto). 6. Vital statistics form attached hereto. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: 717-238-1100 By: ~----&/L MICHAEL A. KORANDA Pa. LD. #58808 Attorney for Plaintiff .. 1lIl'~'-"rIW._,",,,.dl.""" ~'-'~--"'-~~~~~.~~dJi.oililto!!;lll!itllimM~lllI.iiit,i>~Iiill~~~ ,";~ _k.. "~.,,,~_ .JU_ I II I mnlll III "'", ~, -"~M -,~. ~ ~ .= ,."", iIi""-' '. '"~'l~ . - '~I () c" 0 ., C C::) '11 s: 0::'1 vC.D c; " f'lifTI ...... Z;:C1 .... ~3 ~~; (j; : ~a , 0 !< C:' _of" -.C -,-'; )> n ~"i.-, :-C'~(",~ Z C i~ ,ll )> C C.::; Z U1 )> ::2 ::0 l\-,) -< '" . , "'= ---'-'-*'-"""', JIMMY E. COX, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CO - .]1./910 Otto> ~L '--r~ vs. BARBARA A. COX, Defendant. : CIVIL ACTION - LAW : IN DIVORCE 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 wamed 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, Cumberland County Courthouse, I 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 TillS 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, P A 17013 Telephone: (717) 249-3166 11'1 ~ """''' JIMMY E. COX, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. tH- .3Y9(,p C;,;:.q ~u, " vs. BARBARA A. COX, Defendant. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jimmy E. Cox, who currently resides at 106 W. First Street, P.O. Box 542, Boiling Springs, Cumberland County, Pennsylvania, 17007-0542. 2. Defendant is Barbara A. Cox, who currently resides as 60 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on August I, 1987, in Lebanon, Lebanon County, Pennsylvania. 5. There have been no prior actions of divorce or annulment of marriage between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff prays that a Decree be entered divorcing the said Plaintiff and Defendant from the bonds of matrimony heretofore contracted between them. . ' ~ , jj' 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 falsifications to authorities. Date: {- 6-2000 Respectfully submitted, TOMASKO & KORANDA, P.c. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 BY:~~~< MICHAEL A. KORANDA PAID #58808 i,_Cc, '-'i ,. , I ... 1 Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA " k i I,. " '. JIMMY E. COX, vs. : NO. 00- .J4cU::;, BARBARA A. COX, Defendant. : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Barbara A. Cox, the Defendant in the above-captioned matter, hereby accept service of the Complaint Under Section 3301(c) of the Divorce Code, and certify that I am authorized to do so. '/ 2()/r) ~~I.W ~ARA A. COX fie; tldG.(/m;tlirfU fj, Street Address (;~fltsk' . f?1l 11013 City, State and Zip Code ..";__".,;..,,,,~~~..~o!iiI>'>l\l!~~w.~~-,,~~~.~~~i~ ,", ~_~"'K" ~'- ......- >'lIild~ ~" ~ ... () 0 (") C c:> -;1 s: 0 -'''~ "'"Om CJ rn!T: -~ n___ z:r:.; - :Z;C c.J~ - "1 ~~~:1 (f,",.. , -<"'::.. :-~\ ,-, r:::: c:::-! '.~~ -0 " "'" ;) ~-q >::>'C"-:, -~<~ C) Lei .. :J>c N <::> ." ,~" .<:, :n .~ '-:oJ :< 1'0 ~ JIMMY E. COX, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-3496 (CIVIL TERM) BARBARA A. COX, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) ofthe Divorce Code was filed on June 8, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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. S 4904 relating to unsworn falsification to authorities. Date: //1-"2 -(/tl ~~rh fflJ!ll> - mum .~ ~ '~""",,,~ ~~~Ilil~W-JlI'!!lI"'lIINI,;Jii~!llI~_<~-.. ..-w~ -~~~ ....'" ~ () 0 a c c:> "l, :;::".- .::> vcr (J I'lln: ...... r~ Z::c 2:" ".', :.Li (I''';- U' ,r :;{~-) -<='o~ 12Ci -c -0- " ~C) '-,::---C" _..-- '-;;'2') 5>8 "" ;,~ fTl ~ :11 :> :;0 f..:> -< , ,~~. -" . <'- . . -",,- ". - . ~ L ~ ~~ ':de , , JIMMY E. COX, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-3496 (CIVIL TERM) : CIVIL ACTION - LAW : IN DIVORCE BARBARA A. COX, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ll3301(c) OF THE DIVORCE CODE 1. 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 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. ~ 4904 relating to unsworn falsification to authorities. ~ --rk ~X Date: /cJ.- Z" 00 ,~le"'''.'' fti~'~'~--'~~"'1I1f111iMj"-~':~rlillifitR.!l~---';Iili<W~ili!:.l'Wt~!i!I~ilI-'~' '"'Y""'.lillll&l 11lliW""'''- b.: ~--,. . -~ () 0 Q c 0 s: a -UCCi n n'1p" -l " Z:i:i 0":::;; ~~; I ~.f'~ Uj _"_c....,, "_.r' -<L.. '-, j ~c~ ""'" >:~~~:: -' zG =1: ,:")::-2 )>8 N -:-"-( ) ::snl L :'1 j;! -J -< r-.;, ::u -< .^. ," I! _I '" irt"^ , , ., JIMMY E. COX, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-3496 (CIVIL TERM) BARBARA A. COX, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301 (c) of the Divorce Code was filed on June 8, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of di vorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling. and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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:0c4 ~I 6 D ~""~(i4J .J, i A / A A.CO '- Lr/ i'" j""....g~.~.~ir:l"M. _~IlI:i~~Qi~ir_dl\i.ili1l11li ',..,. ~ ~!IiI '~"'",~' _ ,- "',. '~" "'':I~,j. ','J" ;,..-"""",,-;'- , , -y. () 0 0 C 0 j, -~ :S.. D -ocr) n mry: -..; " Z:D T;-;; ~~~ ! ~s8 CJ"", C:'1fS kC;' -0 --. lJ ~C) ~.::::--'n :"-0 N :;;i:~ .J>c: :::::i ~ :""'1 >. f-v ::D , -( ~~t'.t--i ,'; 'i " ~ I -.." .. , JIMMY E. COX, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-3496 (CIVIL TERM) :i , BARBARA A. COX, Defendant. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i 330Hc) OF THE DIVORCE CODE i:-i 1. I consent to the entry of a final decree of divorce without notice. I, " '-;; 2. I understand that I may lose rights concerning alimony, division of property, ~ ,i " e " 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 :! ii! , !'i i" I Court and that a copy of the decree will be sent to me immediately after it is filed with the ',-' 1,: H 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: tJ:l; d I 2000 &~~. A-Lo/ BARBARA A. COX III -_0_'_ 1"..'''''_:1 , "- (!i'"'""" '<JJ~ -"",--i-,iWi*'-o,'" ~ilii~~~U , '. " ..~~;i""'/"'r '0 ",-~,'~j;""' "';;,,;,-...:.w_, ,', '.j~,'~"-,", "'-'~ ~liil"" -_,__l, .. ... ',",", "^ ~ (') 0 () C C) " s: (::J -oc:; D .. -1') nln-~ ..... , f--:;;' Z::r: 1 'n' ;----r-] 6j, ~S~ L'I CJ -C.-:' ..-, t:> <C) l,~ " ~c:: ~;') ='S::j'~} r::' .. " >-'--- c;: =:'t <:f! p =< r~) ~ .E c'-. .~. """ ,--",j",~~;; , ~ JIMMY E. COx PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3496 CIVIL ACTION LAW BARBARA A COX DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, December 09, 2002 , at 12:30 PM 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, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIIE COURT, By: Isl Melissa P. Greevy. Esq. u 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1iI> If. 1'1'" t!J.) 1/'/r"tJ') 1/'NtJJ , "~" .~ ~ -,.-, ^',~ '~...-""L-"'" ,."-'<' ,~, ,,-. -"'~-" ",~"~"".,,,,-.- WIT -., ,~ =,lijfl!l~'III!lP,,'\i!!J'ilI!lI lr~II!I_~I!m\'ll~~lC"Il"J'I~!lI"*",~f~""ii!''''''~~~_ T'''''"''''~- ~ "~."' ".J "' ;__J ," ;_1 Ci~ .- ,.J"y 02' f-!D'~I I F~ - ,,' ?: ~in . ~ CUlvi~-jh--)m"'',,'\L,' ',' ",: ;\1";"',' PC{dj\f(1\1i 1.'!--'I\ii"..,~I' r . L, '\I"V{l-',;-',)-,,:/"\ w.~~ ;tat tJ~ 71~ ~. tf' ~ IflY ~ /,~ df ~ .. " ~ ,; JIMMY E. COX, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-3496 Civil Term BARBARA A. COX, DefendantiPetitioner IN DIVORCE ORDER OF COURT AND NOW, this _ day of ,2002, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , Pennsylvania, on the _day of ,2002, 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. 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 Custody Conciliator The Court of Connnon Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable acconnnodations available to disabled individuals having business before the court, please contact our office. All arrangement 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 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 Telephoue: (717) 249-3166 ~ JIMMY E. COX, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-3496 Civil Term BARBARA A. COX, Defendant/Petitioner IN DIVORCE PETITION TO MODIFY CUSTODY AND NOW, Plaintiff, Barbara A. Cox, by and through her attorney, G. Patrick O'Connor, Esquire, files a Petition to Modify Custody, of which the following is a statement: 1. Petitioner is Barbara A. Cox, mother, who currently resides at 60 Old Stonehouse Road, Carlisle, Cumberland County, PA 17013. 2. Respondent is Jimmy E. Cox, father, who currently resides at 121 W. Middlesex Drive, Carlisle, Cumberland County, PA 17013. 3. Petitioner seeks to modify the existing custody agreement as it concerns the following child/children: Name Jonathan Zachary Cox Present Address 60 Old Stonehouse Lane Carlisle, PA Age 11 years 4. The child was not born out of wedlock. 5. The parents have shared legal and physical custody of the minor child since approximately October 2, 2000, when they entered into a Property Settlement Agreement which included a provision for custody of the child. Said Property Settlement Agreement was subsequently incorporated into a final decree of divorce. Paragraph 15 of ~~ ,~, 'I ."'" said Property Settlement Agreement, which relates to custody of the child, is attached hereto as Exhibit "A" and incorporated by reference as if fully stated herein. 6. During the past 5 years, the child has resided with the following persons at the following addresses: Name Barbara A. Cox Jimmy E. Cox Address 60 Old Stonehouse Rd. Carlisle, PA Dates 1996 to March, 2000 Barbara A. Cox 60 Old Stonehouse Rd. Carlisle, PA March, 2000 to March, 200 I Barbara A. Cox & John Morrow 60 Old Stonehouse Rd. Carlisle, PA March, 2002 to present The mother of the child is Barbara A. Cox, whose address is 60 Old Stonehouse Road, Carlisle, PA 17013. She is divorced. The father ofthe child is Jimmy E. Cox, currently residing at 121 W. Middlesex Drive, Carlisle, PA 17013. He is married, but at least temporarily separated. 7. The relationship of Petitioner to the child is that of mother. The Petitioner currently resides with the following persons: Name Jonathan Zachary Cox John Morrow Relationship Son Boyfriend 8. The relationship of Respondent to the child is that of father. The father currently resides with the following persons: Name James Cox Glenna Cox Relationship Respondent's father Respondent's mother ."1-, The mother currently resides with the following persons: Name Jonathan Zachary Cox John Morrow Relationship Son Boyfriend 9. The parties have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of his child in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Petitioner does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. It is in the best interest of the child to continue to be in the primary physical custody of the mother. 11. Mother fmds the present custody and visitation agreement unworkable and seeks to modify the existing arrangement for the following reasons: a. It is impossible for mother to make plans in advance for her and the child because mother does not know in advance when father will demand visitation; b. Mother never has custody of the child on weekends, thus depriving her and the child from participating together in any activities that fall on weekends; c. Father does not return the child when he promises; d. The child is not always safe when father has visitation because father goes out at night, leaving the child in the custody of persons who are irresponsible, including a 17 -year-old stepson and a l5-year-old stepdaughter, both of whom are known to have a history of drug abuse; e. Father regularly allows the child to stay up until 2 or 3 o'clock in the morning, even on school nights; f. Father has an anger management problem, and a history of alcohol abuse and violent behavior. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order modifying the present custody order of the minor child, Jonathan Zachary Cox, as follows: a. Mother shall have primary custody, with father having visitation every other weekend, and on Wednesday evenings from 3:00 p.m. to 8:00 p.m. during the school year and 3:00 p.m. to 10:00 during the summer. When father has the child overnight, bedtime shall be from between 8:00 p.m. to 10:00 p.m. on school nights and from between 10 p.m. to 12:00 midnight on non-school nights. Father shall pickup child for weekend visitation on Fridays at 3:00 p.m., and mother shall pickup child for return home on Sundays at 5:00 p.m. .1 ~ b. The holiday visitation schedule shall remain the same as in the agreement presently in effect. c. Father shall have two weeks vacation each summer beginning on a Sunday and ending on a Sunday, and mother shall be allowed two weeks for vacation with the child, beginning on a Sunday and ending on a Sunday, to be uninterrupted by father's visitation period. d. The parties shall not allow smoking to take place in the home or car while the child is present, due to the child's asthma. e. The parties shall not allow the child to be exposed to the excessive use of alcohol by any person. f. The parties shall not allow the child to be exposed to arguing or fighting in the home or car. g. In the event that the child must be left in the custody of anyone other than either the mother and father, it shall be with a responsible person. The child shall not be left with father's stepson or stepdaughter or with any person to which either party has any reasonable basis for an objection. h. The child shall be allowed to participate in extracurricular activities, including scout meetings, camp-outs and other scouting events, as well as basketball activities, regardless of who has custody during that time period. "~ - Respectfully submitted: Dated: II-I-tl~ By: ~~~ff~ G. 'htrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney LD. #64720 ATTORNEY FOR PETITIONER . "L- J~'i:; ...,.".'J'.....~li1l\'- VERIFICATION I, BARBARA A. COX, verify that the statements set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. b~~~ Barbara A. Cox Date:()r it' / ~ 2o{) 2- ".- j~ ~- -.'J;-~i or fees incurred in connection with the listing and sale of the real property. After payment of the mortgage and all costs, expenses, taxes or fees incurred in connection with the listing and sale of the real property, Wife shall receive all remaining proceeds from the sale and shall be responsible for any resulting shortages or losses. From the date of the execution of this Agreement, Wife shall be solely responsible for all past, present and future costs, expenses or liabilities attributable and/or resulting from the real property, including but not limited to all mortgage payments, real estate taxes, water and sewer rents, gas, electric, telephone service, insurance, repairs, and routine maintenance. Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense which are incurred in connection with such past, present and future costs, expenses or liabilities attributable and/or resulting from the above-described real property. 15. Custody of Minor Child. The parties agree to the following with respect to the aforesaid minor child: A. Husband and Wife shall have joint legal custody of the minor child. Except in the case of an emergency, all major decisions affecting the minor child's growth and development, including medical treatment, education, and religion, shall be made jointly by the parties. Neither party shall, while in the presence of the minor child, make (or allow to be made) any disparaging or derogatory remarks about the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the minor child should respect and love. Each parent shall be entitled to Page 7 of12 EXHffiIT "A" , "",- ~ receive information concerning the minor child, including medical records, educational records and religious records. Each parent may attend medical appointments or scholastic conferences and activities. B. Husband and Wife shall have shared physical custody of the minor child. C. Husband shall have physical custody ofthe minor child for 54 consecutive hours each week, which will be exercised during his days off from work. The timing of this 54 consecutive hour period is subject to change from week to week as Husband's work schedule frequently changes. Therefore, Husband's 54 consecutive hour period may begin and end on different days from week to week. D. Husband and Wife shall alternate physical custody of the minor child on the following holidays: Easter, Memorial Day, July 4th, Labor Day, Halloween Day; Thanksgiving Day, Christmas Eve (from 6:00 p.m. on December 23'd to 10:00 p.m. on December 24th), Christmas Day (from 10:00 p.m. on December 24th to 12:00 p.m. on December 26th), and New Year's Day. The party with physical custody on any given holiday may, at his or her option, begin the period of physical custody the night before the holiday or extend the period of physical custody to the morning after the holiday. This holiday schedule shall supersede the parties' regular custody schedule. E. The party who is to receive physical custody shall be responsible for all Page 8 of 12 ,~._-- ........""'- ~<~ L~~ ~_~~~" IJ Tll;llwH transportation necessary to effectuate this Agreement. F. The parties shall have reasonable telephone contact with the minor chil- dren at all times. G. Neither party shall move to a residence greater than 50 miles from 60 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. If a party violates this particular provision, that party forfeits all physical custody rights provided under this Agreement, and the non-breaching party shall automatically receive primary physical custody of the minor child until such time as the parties agree, in writing, to a new agreement regarding custody or until an Order is entered providing for a new custody arrange- ment. H. As long as Husband has health insurance'on the minor child through the Teamsters' union at no cost, he agrees to pay 50% of any co-payment over $100.00 for any single doctor's visit or hospital stay, with the exception of injuries from certain injuries which will be discussed below. If the co- payment referred to above is under $100.00, then Wife shall responsible for 100% of the co-payment amount. I. Since the health insurance coverage offered through the Teamsters' union has no or limited coverage for injuries caused by traveling on motorcycles, mini-bikes, A TV s, go-carts, jet skis or motor boats, it is expressly agreed that the party who has custody at the time the minor child is injured while Page 9 of 12 - - "",";",",,<l&i~~" engaged in such activity shall be responsible for any medical expenses not covered by insurance. Notwithstanding the above, the parties understand and agree that the custody provisions contained in this Agreement are subject to modification at any time by a court of competent jurisdiction. 16. Advice of Counsel. It is recognized by the parties hereto that Husband is represented by Michael A. Koranda, Esquire. It is recognized by the parties hereto that Wife is not represented by counsel, although she understands her right to be represented by an attorney of her choice. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that it is not the result of any duress or undue influence. 17. Bankruntcy. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party fOt the benefit of the other party pursuant to the provisions of this Agreement, the debtor-spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, Page 10 of12 ~~ - ~I .b ~ 'ft . CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Custody Complaint to the party indicated below by depositing same in the United States mail, postage prepaid, in accordance with the Pennsylvania Rules of Civil Procedure, at Camp Hill, Pennsylvania: Jimmy E. Cox 121 W. Middlesex Drive Carlisle, PA 17013 DATE: It-Z-,j2; ~~g~ ,//G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ~H"t'." _J, U .&."iIliiii\m~IIilIftIiIli~~__"""_'i-1"""~'f4""i~~,,'~0~!iM"'.oIIlo;lllllj;,j~ll'il--MI;_Wi-ii'~'~.~ ~~ = ""iMldIOl-i~ - 1iIIfllII'"~~ ~k "j ):) (.:) ~ ~ il 'i () c:) C:J g C r',.J .,1 <:" -;-:"': --'1 ......... ~ ;~}~':; _:') -l'i;J bJ f! 1~;. - " ...... .- (f"; t1J ~ ~d-L ~) '.--;""'-- u .=J ~ - l;:(-.; -"-,' (j -- '-(t i~; () :,.~) -n"l .-'-, _. '=, "b -"1 -c. c..)- -< ..,,, ~ " ~ _,j~li'lij(." DE:'Cl~ JIMMY E. COX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3496 CIVIL TERM v. CIVIL ACTION - LAW BARBARA A. COX, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 5th day of December, 2002, the Conciliator, having been notified that the parties have reached an agreement, hereby relinquishes jurisdiction of the above captioned matter. : 165849 iIliH.~ f"""""'''''-'''_~ii!liIili;W~_~~'''i~-,_->li!I__i!I!IlIf..liliIllIIiil - ~. ~dItlliti. 1!i(J;/. ";1" '" "~, ~. - 0 0 C rc.> (.:) s:: '''I ;:RIJ:! CJ fry ZI"T! n .~:"r Z::t:1 f-.> ~ wS;: ,i'1- ;$2; -.J -('0 <:t..; (~'-;).. =;) _-;L.....- ~O -', -" ~- Qa -4 ;;;;0 - C - (5 iT~ 2: .. =< .,.. ~ w -< !I\