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HomeMy WebLinkAbout02-5831IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND RONALD ARTHUR COUTTS, Plaintiff 4084 Darius Drive Enola, Pennsylvania 17025 197-60-6383 JO ANN E. COUTTS, Defendant 5104 Inverness Drive Mechanicsburg, Pennsylvania17050 219-02-8992 § CIVIL ACTION - LAW § TERM § CASE NO. na• _5831 § IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for divorce. If you wish to defend against the claims set forth on the other side of this page, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. Ajudgment may also be entered against you for any other claim or rerwf requested in this paper by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you child or children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the CUMBERLAND county Courthouse, in C'1&e41[E _, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE DIVORCE OF ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Prothonotary CUMBERLAND County Courthouse _ Cd"-rLE _ PA. Telephone( 7i7 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND RONALD ARTHUR COUTTS, Plaintiff 4084 Darius Drive Enola, Pennsylvania 17025 197-60-6383 JO ANN E. COUTTS, Defendant 5104 Inverness Drive Mechanicsburg, Pennsylvania 17050 219-02-8992 § CIVIL ACTION - LAW § TERM § CASE NO.3r § IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is RONALD ARTHUR COUTTS who resides at; 4084 Darius Drive; Enola, Pennsylvania 17025. 2. Defendant is JO ANN E. COUTTS who resides at: 5104 Inverness Drive; Mechanicsburg, Pennsylvania 17050. 3. • Plaintiff and/or • Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately prior to commencement of this action. 4. Plaintiff married Defendant on May 14, 1994 at Annapolis, Maryland. Attached hereto and marked as Exhibit "A" is the certificate of marriage evidencing said marriage. 5. Neither plaintiff nor defendant is in the military or naval service of the Unites States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments. 6. There has been no prior action of divorce or for annulment between the parties. 7.The marriage is irretrievably broken. Complaint for Divorce; Page 1 8. After 90 days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. Plaintiff has been advised that marriage counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in marriage counseling. 10. The following children were born to or adopted by the parties to this marriage: Name Birthdate Age VICTORIA M. COUTTS August 4, 1995 7 YEARS SAMANTHA M. COUTTS November 11, 1997 S,XYEARS Xf f, WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed form the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) AND 3323(8) OF THE DIVORCE CODE. Paragraphs 1-10 are incorporated herein and made a part hereof by reference as though fully set forth. The parties have entered into a written Marital Settlement Agreement providing for the care, custody and support of their minor child(ren), a copy of which is attached hereto Complaint for Divorce; Page 2 and incorporated by this reference the same as if fully set forth at length, and their agreement is in the best interest of the child(ren). WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the parties into the final divorce decree, pursuant to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. RONALD ARTHUR COUTTS I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of the 18 Pa.C.S. Section 4094 relating to unswoom falsification to authorities. Date:----/ 21 RONALD ARTHUR COUTTS, Pro Per I I 1 r r, r r k V7, MARITAL PROPERTY AGREEMENT WITH DEPENDENT MINOR CHILD (REN) NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND WHEREAS, JO ANN E. COUTTS. hereinafter referred to as "Wife", and RONALD A. COUTTS. hereinafter referred to as "Husband", are now married, having been married on the 14th day of May 1994, in Anne Arundel County Maryland; and WHEREAS, the parties were separated on or about the 8th day of May, 2002, while residing in Cumberland County, Pennsylvania, and since that date have been living separate and apart; and WHEREAS, the parties agree to execute and exchange any papers that might be needed to complete this Agreement, including deeds, title certificates, bills of sale, etc.; and WHEREAS, the parties intend that this Agreement shall be binding on them from and after the date and time of execution, if permitted, and that this Agreement may be incorporated into a final judgment of divorce at some future time. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and contract as set forth above and below and being sworn, certify that the all statements contained herein are true and correct: Husband Initials: /lfi Wife Initialsl SECTION 1. SEPARATION: RELINQUISHMENT OF MARITAL RIGHTS The parties shall continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried, and each may conduct, carry on and engage in any employment, business or trade which each shall seem advisable for their sole and separate use and benefit, without, and free from any control, restraint or interference by the other party in all respects as if each were unmarried. Neither of the parties shall molest or annoy the other or seek to compel the other to cohabit or dwell with the other by any proceedings for restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of the other, if any. SECTION 2. FINANCIAL DISCLOSURES By execution of this instrument, each party warrants and represents to the other party that he or she has fully disclosed their financial status, including their assets and liabilities of all types and agree that the terms of this Agreement are fair, just, and equitable after consideration of the financial status of the parties. SECTION 3. ASSETS A. In General. Husband and Wife are in possession of all personal property belonging to each, and neither makes any claim to any personal property in the possession of the other except as otherwise stated in this Agreement. The parties agree to divide their assets (everything they own and that is owed to parties) as provided below. Any personal item(s) not listed below is the property of the party currently in possession of the item(s). Each party shall retain as his or her own all of their personal clothing, jewelry and effects. B. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: Husband Initials: Z_ Wife Initials: ASSETS: DESCRHTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later data describe each item m clearly u poadble. Vol' do not need to 11st account umber. Where 4pp8eable, Ineinde whether the mome m any dtle/deedhccmut dmcribed below is wife% haabaad1%or both.) Current Fair Market Valle Cash on hand $ Cash in banks/credit unions Real estate: Home ? Other ? Automobiles - 2001 Mitsubishi Ivio $20,000.00 value less $8,000.00 loan $12,000.00 Retirement lens ofit Sharin Pension, IRA, 401 s, etc. 500/o of current 401 account 11 $13,485.00 13 Furniture & furnishin in home - M 3R Kin Bed, FR sofa & Chairs, DR furniture $3000.00 ? Basement table and chairs, Deck table/chairs/umbrella $ 500.00 ? Fumiture & furnishings elsewhere Collectibles ? Jewelry ? Life insunince cash surrender value 13 S rtin and entertainment T.V., stereo, etc, equipment ? Other assets - Lennox china, silverware, ware ? $1,500.00 Total Assets to Wife j$ 3117A85.00 C. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: ASSETS: DESCRIPTION OF fnZMM HUSBAND SHALL RECEIVE Curmt Fair M avow Mission at a later date, describe each Been m clearly in pen lih, Vm do Not need to ad account Msftd value umber Where applicable, IWeda wknow tie man m any dWdesd/ateomt described below is whic,4 ingmuA'a or bock) ? Cash on hand $ ? Cash in btutks/credit unions 10 Husband Initials:- Acl Wife Initials: 91? ASSETS: DFSCR7P TioN OF nWW(S) HUSBAND SHALL RECEIVE fro avoid coafasloa at a later date, describe each hers as clearly an panR*. Yoe do not seed to llot aeeanat nambers. Where •pp6eaW ledade whether the ea®e an any *Wdeed/accoeat dwribed below ta wife's, hrsbaed's or bath.) Cant Fair Market Valve ? Real estate: Home ? (Other) ? Business interests ? Automobiles -1979 Fiat 124 $3000.00 ? Retirement plans Profit Sharing, Pension, IRA, 401(k X etc. 50% of current 401 account $13,485.00 ? Furniture & fumishin in home - MBR fiuniture, LR furniture, FR/kitchen oak furniture, Queen Bed $--2,0-0-0-,0-0- C3 ? Fumiture & fiunishin s elsewhere 11 ? Collectibles ? Jewelry Life insurance cash surrender value ?S rtin and entertainment T.V., stem, etc, equipment - FR TVNCR, 19" Son TV $300.00 ? Basement Stereo, Computer w/ Canon printer $1,500.00 ? Other assets - Hot Tub $2 000.00 ? Total Assets to Husband $ 22 .00 D. Contingent Assets and Liabilities shall be divided as follows: E. Additional Retirement Account Provisions. The parties represent that all retirement and pension types of accounts have been disclosed and agree to the Husband Initials: Ai Wife Initials: U following division of same: 50% of the amount currently in the retirement account will be provided to Jo Ann in cash at the time of sale or refinance of the home at 5104 Inverness Dr. The amount provided will be the lesser of the current amount or future amount at time of transfer. The current amount would be $13,485.00. G. Additional Household Furnishing and Effects Provisions. (Select as appropriate) M The household furnishings and effects of the parties have been mutually divided by the parties and neither makes claim to any such property in the possession of the other except as provided above. ? Wife agrees that the Husband shall retain all of the household furnishings and effects presently located on the premises at excepting those items already removed by the Wife, or to be removed, with the Husband's permission, except as listed and provided above. ? Husband agrees that the Wife shall retain all of the household furnishings and effects presently located on the premises at excepting those items already removed by the Husband, or to be removed, with the Wife's permission, and except listed and provided above. H. Additional Marital Home Provisions. The marital home of the parties shall be: i) Occupied by( ) Husband (X) Wife. ii) Titled in the name of ( X ) Husband ( X ) Wife. The expenses of the marital home are and shall be paid as follows: i) ( ) Wife ( X ) Husband shall pay the mortgage payments. This obligation terminates upon final divorce decree or Wife's cohabit. ( ) Wife ( X) Husband shall pay the utilities and other expenses in connection with the upkeep and maintenance of the home. This obligation terminates upon final divorce decree or Wife cohabits. Husband Initials:,A?_G_ Wife Initials: iii) ( ) Wife (X) Husband shall pay all taxes, insurance and assessments. This obligation terminates upon final divorce decree or Wife cohabits, whichever comes first. 1. Additional Provisions or explanations: The property at 5104 Inverness Drive shall be sold or refinanced by Wife within 3 years. Wife shall receive an initial sum equal to her share of the retirement account. The remainder of equity shall be divided equally among the parties. The home is currently valued at $205,000.00 with an outstanding loan of $133,000.00. Any Home Equity Loans against the equity must be paid by the party utilizing the loan. SECTION 4. DEBTS. LIABILITIES AND EXPENSES A. Except as otherwise provided herein each party agrees to pay their respective individual debts. B. Division of Liabilities/Debts. The parties divide their liabilities (everything they owe) as follows: Wife shall pay as her own all expenses related to her own personal needs. These include, but are not limited to, personal dining, entertainment, clothing, etc. C. Husband shall pay as his own all of his own personal expenses including dining, entertainment, food, clothing, housing, etc. Husband shall also be responsible for tuition and books necessary to fulfill Wife's current major, with reasonable consideration given to a change in major. Husband shall continue to be responsible for all payments on the Mitsubishi Montero until final divorce decree or Wife cohabits, whichever comes first. SECTION 5. FUTURE EARNINGS AND ACQUISITIONS All income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this Agreement, does hereby and forever waive, release, and relinquish all right, title, Husband Initials: Wife Initials: and interest in all such income, earnings and other property except as necessary to collect any sums due hereunder in the event of default. SECTION 6. SPOUSAL SUPPORT (ALIMONY) 1. In consideration of the provisions contained herein for the respective benefits of the parties and other good and valuable considerations, the parties hereto mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support, whether past, present or future. X 2. (X) Husband ( ) Wife agrees to pay Wife an allowance in the amount of $ 150.00 every month, beginning May 8, 2002 and continuing until final divorce decree or Wife cohabits, whichever comes first. Upon final divorce decree, Husband will pay Wife $800.00 of spousal support every month and continuing for 24 months or until Wife cohabits or remarries, whichever comes first. (X) Medical Insurance shall be provided to Wife by Husband until final divorce decree or Wife cohabits, whichever comes first. SECTION 7. CHILD CUSTODY PARENTAL RESPONSIBILITY AND VISITATION A. The following child (ren) have been born to the marriage of the parties: Name Birth date Victoria M. Coutts 8/4/95 Samantha M. Coutts 11/11/97 B. Parental Responsibility - Child Custody Both Husband and Wife are proper persons to have the permanent legal and physical custody, parental responsibility, care and control of the minor children of Husband Initials: Wife Initials the parties. Husband and Wife shall share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of the children, and shall, therefore, make joint decisions concerning the children's health, education and welfare. Both Husband and Wife shall exchange information concerning the health, education and welfare of the minor children, and shall confer with one another in the exercise of decision-making rights, responsibilities and authority. Husband and Wife shall have equal access to all medical, dental and school records concerning the minor children. However, the parties agree that the best interest of the child (ren) at this time is that primary parental responsibility and physical custody of the minor child (ren) will be and agree as follows: ( ) Husband shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Wife. ( ) Wife shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Husband. ( X ) Husband and Wife shall have joint primary parental responsibility and custody of the minor child (ren) of the parties, both legal and physical. C. Secondary Parental Responsibility, Visitation, or Time Sharing - General Provisions. Visitation shall be conducted pursuant the following general provisions: i) Visitation should be pleasant for the children and for the parent. Visitation should help the children maintain a good relationship with the non-custodial parent. Visitation means the visiting parent will have the children visit in his or her home overnight. It may include trips and outings elsewhere. Visitation schedules shall be followed and the visiting parent shall inform the other parent when he or she cannot comply with the schedule. Husband Initials:--? Wife Initials:- iv) Adjustment of the visitation schedule from time to time may be necessary according to the children's ages, health and interests. v) Visitation should provide meaningful personal contact for both the visiting parent and the children, vi) Visitation should not be used to check on the other parent and the children should not be questioned for information about the other parent. vii) Both parents should strive to agree on matters pertaining to the children, including discipline, so that one parent is not undermining the other parent's efforts. viii) It is in the child's best interest for each parent to have a frequent, meaningful and continuing relationship with their children. For children to make an adequate adjustment to the dissolution of their parents marriage, the children must be allowed to continue their relationship with both parents, experience minimal changes in their lifestyle if at all possible, and not experience post-separation conflict between their parents. D. Secondary Parental Responsibility, Visitation, or Time Sharing -Schedule. The non-custodial parent is entitled to reasonable visitation with the minor child(ren). Husband and Wife adopt the following visitation schedule for the non- custodial parent: i) Husband shall have three (3) visits with the children per week. The children shall be picked up on Saturday evening by 5:00 and returned Tuesday evening by 5:00. ii) If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime. Holiday Access: Holiday access takes precedence over the regularly scheduled access/visitation plan. Holiday visitation shall Husband Initials: Al'-_- Wife Initials: alternate between the parties and include Christmas, Easter, Memorial Day, 4m of July, Labor Day, and Thanksgiving. iv) Mother's Day/Father's Day The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. E. Secondary Parental Responsibility, Visitation, or Time Sharing - Additional Provisions. In exercising visitation rights the following additional provisions apply: Conflicts Between Regular Weekend, Holiday, and Extended Summer Visitation. Where there is a conflict between a holiday weekend and the regular weekend visitation, the holiday takes precedence. Thus, if the non- custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating visitation schedule will resume following the holiday. If the non-custodial parent received two consecutive weekends because of a holiday, the child will spend the following weekend with the custodial parent. When there is a conflict between holiday visitation and extended summer visitation, the holiday visitation takes precedence. When there is a conflict between regular weekend visitation and extended summer visitation, extended summer visitation takes precedence. 2. Appropriate Conduct By Parents. Parents shall, at all tunes, avoid speaking negatively about each other and should firmly discourage such conduct by relatives or friends. Each parent should encourage the children to support the other parent. The basic rules of conduct and discipline established by the custodial parent should be the baseline standard for both parents, and consistently enforced by both, so that the children do not receive mixed signals. 3. Parental Communication. Parents shall at all times keep each other advised of their home and work addresses and telephone numbers. So far as possible, all communication concerning the children shall be conducted between the parents in person, or telephonically at their residences (and not at their places of employment). Husband Initials: --?/ Wife Initials: _< L, F. Other Provisions. Each party shall maintain a Primary residence within 50 miles of Harrisburg, PA unless both parties agree to a move to another area Neither parent shall take the child (ren) from the custody of the other parent or any child care provider or other person entrusted by the other parent with the care of the child (ren) without the Agreement of the other party during the other party's time of parental responsibility or visitation. SECTION 8. CHILD SUPPORT HEALTH INSURANCE DENTAL INSURANCE A. Amount and Person to Pay. All reasonable financial support of the minor children shall be provided by Husband, as needed, during the separation. Upon final divorce decree, Husband will pay Wife $1,200.00 every month for the support of the children. This obligation will be reduced to $900.00 every month when the fast child reaches the age of 18. Child support will be terminated when both children have reached the age of 18. B. Health Insurance. (X)Husband( ) Wife will (X) maintain health insurance coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. Any uninsured/ unreimbursed medical costs for the minor child(ren) shall be assessed as follows: ( ) a. Shared equally by both parents. (X) b. Other: Paid by Husband. As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense. C. Dental Insurance. ( X ) Husband ( ) Wife will maintain ( X ) dental insurance Husband Initials: Wife Initials: !L coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR ( ) dental insurance is not reasonably available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows: ( ) a. Shared equally by both parents. ( ) b. Prorated according to the child support guideline percentages. ( X ) c. Other: Paid by Husband. As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. D. Life Insurance. ( X ) Husband ( X) Wife shall be required to maintain life insurance coverage for the benefit of the parties' minor child(ren) in the amount of $ 250,000.00 until the youngest child becomes an adult, becomes emancipated, marries, dies, or otherwise becomes self-supporting. E. IRS Income Tax Deduction(s). The parent granted primary residential responsibility or sole parental responsibility of the parties' minor child(ren) shall have the benefit of any tax deductions for the child(ren) or as follows: Husband will claim the minor children for tax puWses since Wife does not work and custody is shared. The other parent will convey any applicable IRS form regarding the income tax deduction. F. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): Husband agrees to nay daycare expenses deemed necessary to allow Wife to Husband Initials:_ Wife Initials: attend classes. All other daycare expenses will be the responsibility of the individual Party requiring daycare. SECTION 9. MUTUAL INDEMNITY The parties agree in regard to the payment of debts and other liabilities as stated in this Agreement that each shall indemnify and hold harmless the other for the payment of same. SECTION 10. INCOME TAXES With respect to any earlier year in which the parties filed joint Federal and State Income Tax Returns, each party agrees to indemnify the other for any income tax liability, penalty or deficiency associated with his or her income and shall hold the other party harmless therefor. The parties shall file separately for the year 2003 and each Year thereafter. The parties acknowledge that they have been advised that there may be certain tax consequences pertaining to this Agreement and have been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement, and that each party has had an opportunity to do so. SECTION 11. ADDITIONAL OR FURTHER DOCUMENTS: COOPERATION Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes hereof Each party shall execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient, or businesslike for the purpose of giving full force and effect to the provisions of this Agreement, specifically including any deeds, affidavits, tax forms or other instruments Husband Initials: Wife Initials: required of one party to the other in order to pass good or merchantable title to any property owned by either party during the marital relationship. SECTION 12. MODIFICATION This Agreement may be amended at a later date. It shall estop and preclude either party from making other or further demands and claims upon the other, not included herein, except that such legal action may be taken by either party as is necessary to enforce the terms and provisions hereof. SECTION 13. ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into this Agreement. This Agreement was executed free of any duress, coercion, collusion, or undue influence. In some instances, the Agreement represents a compromise of disputed issues; however, both parties believe that its terms and conditions are fair and reasonable. SECTION 14. RELEASE. WAIVER- BINDING EFFECT AND ESTATES Except as otherwise provided for in this Agreement, each party shall be divested of and each party waives, renounces and gives up all right, title and interest in and to the property awarded to the other. All property and money received and retained by the parties shall be the separate property of the respective party, except as is specifically stated herein. Except for those rights and obligations contained in this Agreement, or arising therefrom by operation of law, both parties do hereby release and forever discharge the other party from all actions, causes of actions, claims and demands whatsoever, known and unknown, suspected and unsuspected, apparent now or hereafter. It is the specific Agreement and purpose of this paragraph to release and discharge any and all claims and causes of actions of any kind or nature whatsoever whether specifically mentioned or Husband Initials: /?G Wife Initials: not, which may exist or aright be claimed to exist at or prior to the date of this Agreement; and, both parties specifically waive any claim or right to assert that any cause of action or alleged cause of action or claim or demand has been, through oversight or error or intentionally or unintentionally, omitted from this release and Agreement. SECTION 15. ENFORCEMENT This Agreement may be enforced by actions and proceedings for Contempt of Court, or attachment and garnishment, for specific performance, or any other remedy legally available to either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement. SECTION 16. BANKRUPTCY To the extent of any obligation contained herein is discharged in bankruptcy and the non- bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged. SECTION 17. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and each party acknowledges that there are no further Agreements not expressly included herein and that this Agreement may be modified, altered, or amended only in writing, duly signed and notarized by each in the form of this original. SECTION 18. FULLY READ AND UNDERSTAND: INFORMED CONSENT Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefully considered same, and have signed and executed same after such consultation, that the signing of this Agreement is free and voluntary without Husband Initials:_.A4'? Wife Initials: (? force or collusion by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they have had a reasonable opportunity to consult with an attorney of their choice in the negotiation and preparation of this document, and regarding any divorce proceeding. SECTION 19. SEVERABILITY If any portion of the Agreement shall be held to be void, voidable or unenforceable for any reason, then all the remaining parts or portions shall be construed, implemented and administered as if such void, voidable or unenforceable portion did not appear herein. SECTION 20. CONTROLLING LAW This Agreement shall be governed, enforced and interpreted according to the laws of the State of Pennsylvania. SECTION 21. HEIRS AND ASSIGNS This Agreement shall be binding upon their legal representatives, successor, heirs and assigns. EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I have been open and honest in entering into this Settlement Agreement. I am satisfied with this Agreement and intend to be bound by it. Dated: ?? oI v d &L-L- Signatureg Wife Printed Name: ?JoAn r-, d6 u rts Address: SI 4 /n ?r?p s , City, State, Zip: f} 7 oba Telephone Number: 31-h2 3 Fax Number: Husband Initials: eqf - Wife Initial Dated: 4& 10 X STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Zoe Signature of Husband Printed Name: Ac6,v,fo A CwJ r Address: N081s1 L1¢¢iul ¢t. City, State, Zip: 4>. o4.-f 4.0 iJoa? Telephone Number: C?i9) ?S 6 - Kok Y Fax Number: On this, the 1(n day of , 2001- before me QLqoatxiBuxn the ndersigned officer, personally appeared 7v Av0 Pnu rrs known to me (or satisfactorily proven) to be the person whose name 910 , subscribed to the within instrument, and acknowledged that SLQ- (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Iic & NotanW Seal Caft L YW*Aocd, Notary Pubic PtultedName: My Commission Expir s: Caffv H11B=, Cumbedara County Msm,6v,Pwwovxiaas *ftnofNoteAea STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 16 day of Z WL , before me 0A1y G&k4&c the %ndersigned officer, personally appeared Rough A- Cc47is known to me (or satisfactorily proven) to be the person whose name GAP subscribed to the within instrument, and acknowledged that Lo (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. *WW Notary i lic Notridel seal ? HQYz5E Nd c ted Name: vaD My Commission ExptesMy ty P 2:2 on, mbw.. Pem*AI M AMMM Of Ndedes Husband Initials:_? Wife Initials: Gl? _ C.erfilicate of Marriage LICENSE NO. State o/ Maryland gland 106236 ANNE ARUNDEL COUNTY (02) i _l'dereby Certi y that on the i 4r day of Mpa`l 19 `? the following persons were by me united in marriage at A nC rt APgii- (city or Town) in accordance with the License of the Clerk of the Court in the jurisdiction shown above. Groom's Name _ RONALD A. COUTTS Age 30 Birthplace PENNSYLVANIA (state) MECHANICSBURG, PENNSYLVANIA SINGLE Residence Marital Status _ Bride's (Town or city) (C."i (stare) O ANN EARLY J 26 WASHINGTON DC Name Age Birthplace _ (state) BOWIE' P.G. CO.' MARYLAND SINGLE Residence Marital Status frown or City) IcounWl IStatel Relationship to groom if any ft NONE \ Groom's S.S. No Bride's S.S. No License Date MARCH 7 19 94 3?t } ale- ? t NA?titS ?? AtlrJress of Aothonzetl Offir, r, ? IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND RONALD ARTHUR COUTTS, Plaintiff § 4084 Darius Drive § Enola, Pennsylvania 17025 § 197-60-6383 § JO ANN E. COUTTS, Defendant § 5104 Inverness Drive § Mechanicsburg, Pennsylvania17050 § 219-02-8992 § CIVIL ACTION - LAW CASE NO. IN DIVORCE COUNSELING NOTICE RULE 1920.45(a)'(1) TERM The Divorce Code of Pennsylvania requires that you be notified of the avalability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/Three year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse __ Gff?US[E__ PA. Telephone( ';/?) 69? - 0371 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND RONALD ARTHUR COUTTS, Plaintiff § CIVIL ACTION - LAW 4084 Darius Drive § Enola, Pennsylvania 17025 § 197-60-6383 § JO ANN E. COUTTS, Defendant § 5104 Inverness Drive § Mechanicsburg, Pennsylvania17050 § 219-02-8992 § CASE NO. IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE TERM RONALD ARTHUR COUTTS, being duly swom according to Law, deposes and says that Plaintiff knows by Plaintiffs own personal knowledge and therefore avers that the defendant, JO ANN E. COUTTS, is 35 years of age and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments and that the defendant is employed by Date: 'Z hAe z Sworn to and subscribed before me this the 6 day of Decayubi-et 010 0y RONALD ARTHUR COUTTS, Plaintiff Z Ci_ 1? r c C IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND RONALD ARTHUR COUTTS, Plaintiff § 4084 Darius Drive § Enola, Pennsylvania 17025 § 197-60-6383 § JO ANN E. COUTTS, Defendant § 5104 Inverness Drive § Mechanicsburg, Pennsylvania17052 § 219-02-8992 CIVIL ACTION - LAW c«-lc TERM CASE NO. Oi - 583, IN DIVORCE AFFIDAVIT AS TO SIGNATURE RONALD ARTHUR COUTTS, being duly sworn according to law, deposes and says that RONALD ARTHUR COUTTS is the Plaintiff in the above-captioned divorce action; that RONALD ARTHUR COUTTS is familiar with the signature of the Defendant; and that the signature on the Acceptance of Service attached hereto as Exhibit "A" is the signature of the Defendant, JO ANN E. COUTTS. Date: 2 RONALD ARTHUR COUTTS, Plaintiff Sworn to and subscribed before me this the 2 day of Dec•e mib.ed, dD a 2F Notana! 9e'1 LH nneth L. Schlegel, Notary Publi mp den Up., Cumberland County Commission Expires Apr. 4, 200 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CU MBERLAND RONALD ARTHUR COUTTS, Plaintiff § CIVIL ACTION - LAW 4084 Darius Drive § Enola, Pennsylvania 17025 § 197-60-6383 § Civic TERM § CASE: NO. 02.593/ JO ANN E. COUTTS, Defendant § 5104 Inverness Drive § Mechanicsburg, Pennsylvania17052 § 219-02-8992 § IN DIVORCE ACCEPTANCE OF SERVICE I, JO ANN E. COUTTS, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divorce filed in the above-captioned matter. i? %? /ate ?A, ?- C Date JO ANN E. COUTTS, defendant n ?? CD (f7 - bC? y C i;? =D :n r L r, • r MARITAL PROPERTY AGREEMENT WITH DEPENDENT MINOR CHILD (REN) NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND WHEREAS, JO ANN E. COUTTS. hereinafter referred to as "Wife", and RONALD A. COUTTS, hereinafter referred to as "Husband", are now married, having been married on the 14th day of May1994, in Anne Arundel CgMM. Mar land; and WHEREAS, the parties were separated on or about the 8th day of MaL 2002, while residing in Cumberland County, Pennsylvania, and since that date have been living separate and apart; and WHEREAS, the parties agree to execute and exchange any papers that might be needed to complete this Agreement, including deeds, title certificates, bills of sale, etc.; and WHEREAS, the parties intend that this Agreement shall be binding on them from and after the date and time of execution, if permitted, and that this Agreement may be incorporated into a final judgment of divorce at some future time. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and contract as set forth above and below and being sworn, certify that the all statements contained herein are true and correct: Husband Initials: Wife Initial SECTION 1. SEPARATION; RELINQUISHMENT OF MARITAL RIGHTS The parties shall continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried, and each may conduct, carry on and engage in any employment, business or trade which each shall seem advisable for their sole and separate use and benefit, without, and free from any control, restraint or interference by the other party in all respects as if each were unmarried. Neither of the parties shall molest or annoy the other or seek to compel the other to cohabit or dwell with the other by any proceedings for restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of the other, if any. SECTION 2. FINANCIAL DISCLOSURES By execution of this instrument, each party warrants and represents to the other party that he or she has fully disclosed their financial status, including their assets and liabilities of all types and agree that the terms of this Agreement are fair, just, and equitable after consideration of the financial status of the parties. SECTION 3. ASSETS A. In General. Husband and Wife are in possession of all personal property belonging to each, and neither makes any claim to any personal property in the possession of the other except as otherwise stated in this Agreement. The parties agree to divide their assets (everything they own and that is owed to parties) as provided below. Any personal item(s) not listed below is the property of the party currently in possession of the item(s). Each party shall retain as his or her own all of their personal clothing, jewelry and effects. B. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: Husband Initials: Wife Initials: Of- DESCAtr TrO-N of rcEM(s) WWE SHAi.l[. PJCCEM (To avoid contusion at a later datt, describe each Item as clearly as poaibk. You do not need to list account ambeua. When apptk*W include whether the game on say tWddsedlaeeount dessu lsed bebw is wiWo, Con est Fslr Market Value hsubtmd's, ? both.) Cash on hand $ Cash in banks/credit unions Real estate: (Home) ? Other ? Automobiles - 2001 Mitsubishi Mo $20,000.00 value less $8,000.00 loan $12,000.00 13 Retirement plans (Profit Sharing, Pension, IRA, 401 s, etc. 500/6 of current 401 account $13 485.00 Furniture & furnishm s in home - MBR Kin Bed, FR sofa & Chairs, DR furniture 1$3,000.00 ? Basement table and chairs, Deck tabletchairs/umbrella $ 500.00 ? Furniture & fiunishin elsewhere Collectibles ? Jewelry ? Life insurance (cash surrender value Sporting and entertainment T.V., stereo, etc. equipment ? Other assets - Lennox china, silverware, asswme $1,500.00 Total Assets to Wife $ 30,485.00 C. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: ASSETS. DESCRIMON OF ITEM(S) HUSBAND SHALL RECEIVE Cprrlnt Pair To avoid confusion at a toter date, describe each item as dearly as possible. You do not need to list account Market Valve numbers. Where applicable, include whether the name on any dttle/deedlatcount dtseribtd below Is wifds, husband's or both.) ? Cash on hand) $ ? Cash in banks/credit unions Husband Initials: Wife Initials: QAL.- ASSETS: DESCRUMON OF MM(S) HUSBAND SHALL RECEIVE ' C¦rreat Fair You do ant need to Hat aceoeat ('fo avoid coafasioa at a later date, describe each item as dearly as paeaWk. Market valve sascbers. Wbere applicable, hWede whether the same on any tilie/deed/secouat described below Is wife's, husbamrs or boot.) ? Real estate: Home ? (Other) ? Business interests 11 ? Automobiles -1979 Fiat 124 $31000.00 ? Retirement plans Profit Sharing, Pension, IRA, 401 s, etc. 50% of current 401(k) account $13,485.00 ? Furniture & fumishin in home - MBR furniture, LR furniture, FR/kitchen oak fumiture, Queen Bed $2,000.00 ? Furniture & fumishin elsewhere ? Collectibles 13 ? Jewelry ? Life insurance (cash surrender value) 11 ?S rthm and entertainment T.V., stereo, etc.) equipment -FR TVNCR, 19" Son TV $300.00 ? Basement Stereo, Computer w/ Canon printer $1,500.00 ? other assets - Hot Tub $2,000.00 ? $ Total Assets to Husband $ 22485.00 D. Contingent Assets and Liabilities shall be divided as follows: E. Additional Retirement Account Provisions. The parties represent that all retirement and pension types of accounts have been disclosed and agree to the Husband Initials: Wife Initials: following division of same: 50% of the amount currently in the retirement account will be provided to Jo Ann i a cash at the time of sale or refinance of the home at 51 A Inverness Dr. The amount rovided will be the lesser of the current amount or future amount at time of transfer. The current amount would be $13,485.00. G. Additional Household Furnishing and Effects Provisions. (Select as appropriate) M The household furnishings and effects of the parties have been mutually divided by the parties and neither makes claim to any such property in the possession of the other except as provided above. ? Wife agrees that the Husband shall retain all of the household furnishings and effects presently located on the premises at excepting those items already removed by the Wife, or to be removed, with the Husband's permission, except as listed and provided above. ? Husband agrees that the Wife shall retain all of the household furnishings and effects presently located on the premises at excepting those items already removed by the Husband, or to be removed, with the Wife's permission, and except listed and provided above. H. Additional Marital Home Provisions. The marital home of the parties shall be: i) Occupied by ( ) Husband ( X ) Wife. ii) Titled in the name of ( X ) Husband ( X ) Wife. The expenses of the marital home are and shall be paid as follows: i) ( ) Wife ( X ) Husband shall pay the mortgage payments. This obligation terminates upon final divorce decree or Wife's cohabit. ii) ( ) Wife ( X) Husband shall pay the utilities and other expenses in connection with the upkeep and maintenance of the home. This obligation terminates upon final divorce decree or Wife cohabits. Husband Initials: Wife Initials: Or- ( ) Wife (X) Husband shall pay all taxes, insurance and assessments. This obligation terminates upon final divorce decree or Wife cohabits, whichever comes first. 1. Additional Provisions or explanations: The vronerty at 5104 Inverness Drive shall be sold or refinanced b Wife within 3 ears. Wife shall receive an initial sum e ual to her share of the retirement account The remainder of equity shall be divided equally among the parties The home is currently valued at $205.000.00 with an outstanding loan of $133 000.00.. AM Home Equity Loans against the eauity must be aid by the party utilizing the loan. SECTION 4. DEBTS LIABILITIES AND EXPENSES A. Except as otherwise provided herein each party agrees to pay their respective individual debts. B. Division of Liabilities/Debts. The parties divide their liabilities (everything they owe) as follows: Wife shall pay as her own all expenses related to her own personal needs. These(-,-' include, but are not limited to, personal dining, entertainment, clothing, etc. C. Husband shall pay as his own all of his own personal expenses including dining, entertainment, food, clothing, housing, etc. Husband shall also be responsible for tuition and books necessary to fulfill Wife's current major, with reasonable consideration given to a change in major. Husband shall continue to be responsible for all payments on the Mitsubishi Montero until final divorce decree or Wife cohabits, whichever comes first. SECTION 5. FUTURE EARNINGS AND ACQUISITIONS All income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this Agreement, does hereby and forever waive, release, and relinquish all right, title, Husband Initials• Wife Initials: and interest in all such income, earnings and other property except as necessary to collect any sums due hereunder in the event of default. SECTION 6. SPOUSAL SUPPORT (ALIMONY) 1. In consideration of the provisions contained herein for the respective benefits of the parties and other good and valuable considerations, the parties hereto mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support, whether past, present or future. X 2. (X-) Husband ( ) Wife agrees to pay Wife an allowance in the amount of $ 150.00 every month, beginning May 8, 2002 and continuing until final divorce decree or Wife cohabits, whichever comes first Upon final divorce decree, Husband will pay Wife $800.00 of spousal support every month and continuing for 24 months or until Wife cohabits or remarries, whichever comes first. (X) Medical Insurance shall be provided to Wife by Husband until final divorce decree or Wife cohabits, whichever comes first. SECTION 7. CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION A. The following child (ren) have been bom to the marriage of the parties: Name Birth date Victoria M. Coutts 8/4/95 Samantha M. Coutts 11/11/97 B. Parental Responsibility - Child Custody Both Husband and Wife are proper persons to have the permanent legal and physical custody, parental responsibility, care and control of the minor children of Husband Initials: Z'4 -- Wife Initials. the parties. Husband and Wife shall share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of the children, and shall, therefore, make joint decisions concerning the children's health, education and welfare. Both Husband and Wife shall exchange information concerning the health, education and welfare of the minor children, and shall confer with one another in the exercise of decision-making rights, responsibilities and authority. Husband and Wife shall have equal access to all medical, dental and school records concerning the minor children. However, the parties agree that the best interest of the child (ren) at this time is that primary parental responsibility and physical custody of the minor child (ren) will be and agree as follows: ( ) Husband shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Wife. ( ) Wife shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Husband. ( X ) Husband and Wife shall have joint primary parental responsibility and custody of the minor child (ren) of the parties, both legal and physical. C. Secondary Parental Responsibility, Visitation, or Time Sharing - General Provisions. Visitation shall be conducted pursuant the following general provisions: i) Visitation should be pleasant for the children and for the parent. Visitation should help the children maintain a good relationship with the non-custodial parent. ii) Visitation means the visiting parent will have the children visit in his or her home overnight. It may include trips and outings elsewhere. iii) Visitation schedules shall be followed and the visiting parent shall inform the other parent when he or she cannot comply with the schedule. Husband Initials: Wife Initials: ?=_ iv) Adjustment of the visitation schedule from time to time may be necessary according to the children's ages, health and interests. v) Visitation should provide meaningful personal contact for both the visiting parent and the children. vi) Visitation should not be used to check on the other parent and the children should not be questioned for information about the other parent. vii) Both parents should strive to agree on matters pertaining to the children, including discipline, so that one parent is not undermining the other parent's efforts. viii) It is in the child's best interest for each parent to have a frequent, meaningful and continuing relationship with their children. For children to make an adequate adjustment to the dissolution of their parents marriage, the children must be allowed to continue their relationship with both parents, experience minimal changes in their lifestyle if at all possible, and not experience post-separation conflict between their parents. D. Secondary Parental Responsibility, Visitation, or Time Sharing -Schedule. The non-custodial parent is entitled to reasonable visitation with the minor child(ren). Husband and Wife adopt the following visitation schedule for the non- custodial parent: i) Husband shall have three (3) visits with the children per week. The children shall be picked up on Saturday evening by 5:00 and returned Tuesday evening by 5:00. ii) iii) Husband Initials: ,1Ate- If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime. Holiday Access: Holiday access takes precedence over the regularly scheduled access/visitation plan. Holiday visitation shall Wife Initials: cl_l alternate between the parties and include Christmas, Easter, Memorial Day, 4d' of July, Labor Day, and Thanksgiving. iv) Mother's Day/Father's Day The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. E. Secondary Parental Responsibility, Visitation, or Time Sharing - Additional Provisions. In exercising visitation rights the following additional provisions apply: 1. Conflicts Between Regular Weekend, Holiday, and Extended Summer Visitation. Where there is a conflict between a holiday weekend and the regular weekend visitation, the holiday takes precedence. Thus, if the non- custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating visitation schedule will resume following the holiday. If the non-custodial parent received two consecutive weekends because of a holiday, the child will spend the following weekend with the custodial parent. When there is a conflict between holiday visitation and extended summer visitation, the holiday visitation takes precedence. When there is a conflict between regular weekend visitation and extended summer visitation, extended summer visitation takes precedence. 2. Appropriate Conduct By Parents. Parents shall, at all times, avoid speaking negatively about each other and should firmly discourage such conduct by relatives or friends. Each parent should encourage the children to support the other parent. The basic rules of conduct and discipline established by the custodial parent should be the baseline standard for both parents, and consistently enforced by both, so that the children do not receive mixed signals. 3. Parental Communication. Parents shall at all times keep each other advised of their home and work addresses and telephone numbers. So far as possible, all communication concerning the children shall be conducted between the parents in person, or telephonically at their residences (and not at their places of employment). Husband Initials: Wife Initials: X.=. ell F. Other Provisions. Each party shall maintain a primary residence within 50 miles of Harrisburg PA, unless both parties agree to a move to another area. Neither parent shall take the child (ren) from the custody of the other parent or any child care provider or other person entrusted by the other parent with the care of the child (ren) without the Agreement of the other party during the other party's time of parental responsibility or visitation. SECTION 8. CHILD SUPPORT. HEALTH INSURANCE, DENTAL INSURANCE A. Amount and Person to Pay. All reasonable financial support of the minor children shall be provided by Husband, as needed, during the separation. Upon final divorce decree, Husband will pay Wife $1,200.00 every month for the support of the children. This obligation will be reduced to $900.00 every month when the first child reaches the age of 18. Child support will be terminated when both children have reached the age of 18. B. Health Insurance. ( X ) Husband ( ) Wife will ( X ) maintain health insurance coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. Any uninsured/ unreimbursed medical costs for the minor child(ren) shall be assessed as follows: ( ) a. Shared equally by both parents. (X) b. Other: Paid by Husband. As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense. C. Dental Insurance. ( X ) Husband ( ) Wife will maintain ( X ) dental insurance Husband Initials: Wife Initials: coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR ( ) dental insurance is not reasonably available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows: ( ) a. Shared equally by both parents. ( ) b. Prorated according to the child support guideline percentages. ( X ) c. Other: Paid by Husband. As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. D. Life Insurance. ( X ) Husband ( X ) Wife shall be required to maintain life insurance coverage for the benefit of the parties' minor child(ren) in the amount of $ 250,000.00 until the youngest child becomes an adult, becomes emancipated, marries, dies, or otherwise becomes self-supporting. E. IRS Income Tax Deduction(s). The parent granted primary residential responsibility or sole parental responsibility of the parties' minor child(ren) shall have the benefit of any tax deductions for the child(ren) or as follows: Husband will claim the minor children for tax purposes since Wife does not work and custody is shared. The other parent will convey any applicable IRS form regarding the income tax deduction. F. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): Husband agrees to pay daycare expenses deemed necessary to allow Wife to Husband Initials: A? Wife Initials: attend classes All other daycare expenses will be the responsibility of the individual party requiring daycare. SECTION 9. MUTUAL INDEMNITY The parties agree in regard to the payment of debts and other liabilities as stated in this Agreement that each shall indemnify and hold harmless the other for the payment of salve. SECTION 10. INCOME TAXES With respect to any earlier year in which the parties filed joint Federal and State Income Tax Returns, each party agrees to indemnify the other for any income tax liability, penalty or deficiency associated with his or her income and shall hold the other party harmless therefor. The parties shall file separately for the year 2003 and each year thereafter. The parties acknowledge that they have been advised that there may be certain tax consequences pertaining to this Agreement and have been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement, and that each party has had an opportunity to do so. SECTION 11. ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes hereof. Each party shall execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient, or businesslike for the purpose of giving full force and effect to the provisions of this Agreement, specifically including any deeds, affidavits, tax forms or other instruments Husband Initials: Wife Initials: 9?? required of one party to the other in order to pass good or merchantable title to any property owned by either party during the marital relationship. SECTION 12. MODIFICATION This Agreement may be amended at a later date. It shall estop and preclude either party from making other or further demands and claims upon the other, not included herein, except that such legal action may be taken by either party as is necessary to enforce the terms and provisions hereof. SECTION 13. ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into this Agreement. This Agreement was executed free of any duress, coercion, collusion, or undue influence. In some instances, the Agreement represents a compromise of disputed issues; however, both parties believe that its terms and conditions are fair and reasonable. SECTION 14. RELEASE. WAIVER, BINDING EFFECT. AND ESTATES Except as otherwise provided for in this Agreement, each party shall be divested of and each party waives, renounces and gives up all right, title and interest in and to the property awarded to the other. All property and money received and retained by the parties shall be the separate property of the respective party, except as is specifically stated herein. Except for those rights and obligations contained in this Agreement, or arising therefrom by operation of law, both parties do hereby release and forever discharge the other party from all actions, causes of actions, claims and demands whatsoever, known and unknown, suspected and unsuspected, apparent now or hereafter. It is the specific Agreement and purpose of this paragraph to release and discharge any and all claims and causes of actions of any kind or nature whatsoever whether specifically mentioned or Husband Initials: Wife Initials: not, which may exist or might be claimed to exist at or prior to the date of this Agreement, and, both parties specifically waive any claim or right to assert that any cause of action or alleged cause of action or claim or demand has been, through oversight or error or intentionally or unintentionally, omitted from this release and Agreement. SECTION 15. ENFORCEMENT This Agreement may be enforced by actions and proceedings for Contempt of Court, or attachment and garnishment, for specific performance, or any other remedy legally available to either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement. SECTION 16. BANKRUPTCY To the extent of any obligation contained herein is discharged in bankruptcy and the non- bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged. SECTION 17. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and each party acknowledges that there are no fiwther Agreements not expressly included herein and that this Agreement may be modified, altered, or amended only in writing, duly signed and notarized by each in the form of this original. SECTION 18. FULLY READ AND UNDERSTAND; INFORMED CONSENT Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefully considered same, and have signed and executed same after such consultation, that the signing of this Agreement is free and voluntary without Husband Initials: Wife Initials: 1 . ? force or collusion by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they have had a reasonable opportunity to consult with an attorney of their choice in the negotiation and preparation of this document, and regarding any divorce proceeding. SECTION 19. SEVERABILITY If any portion of the Agreement shall be held to be void, voidable or unenforceable for any reason, then all the remaining parts or portions shall be construed, implemented and administered as if such void, voidable or unenforceable portion did not appear herein. SECTION 20. CONTROLLING LAW This Agreement shall be governed, enforced and interpreted according to the laws of the state of Pennsylvania. SECTION 21. HEIRS AND ASSIGNS This Agreement shall be binding upon their legal representatives, successor, heirs and assigns. EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I have been open and honest in entering into this Settlement Agreement. I am satisfied with this Agreement and intend to be bound by it. Dated: ?? a v (. oz-'_ Signature Wife Printed Name: Address: ,Y104- I n cre ?'•?.e s , City, State, Zip: Pr D O SP Telephone Number: 3? -(0 2 3 Fax Number: Husband Initials: /?? Wife Initial C? 41 s" Dated: Lf=? d •'Z Signature of Husband Printed Name: AR2.Y,,A0 -A C-%,W--r Address: yo 8 y Q4wvs 'Af City, State, Zip: ?,vout i04 Telephone Number: C?i>> PS1- 21 -k y Fax Number: STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ((o day of L AA- , before me aq*q u(N*AAtow , the lindersigned officer, personally appeared 7p Pqjo Onu tt 5 , known to me (or satisfactorily proven) to be the person whose name s a subscribed to the within instrument, and acknowledged that Q1 0 _ (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. r lic "o seal P ted Name: U1 Cathy L Youngblood, Notary Public My Commission Exp' s: Cmv 111 tm, Cumber Coj* M~ PVMy&Wi8 Asso*don Of Notaft STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the t (b day of ZaJL- , before me OAT" t 4&W , the dersigned officer, personally appeared P,o q ? 14- .Cm7m , known to me (or satisfactorily proven) to be the person whose name Gee subscribed to the within instrument, and acknowledged that i.0 (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. A&JW-- - Notary lic Notaftsead Cathy L Y , y ptac ted Name: , Camp Hal 8m, Cumberland County -'E My Commission Expi sMyoommisslon fviember, Peruw vmn gssomtion of N owies Husband Initials: _? Wife Initials: NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: Jo Ann E. Coutts (DEFENDANT) Ronald A. Coutts intends to file with the court the attached Praecipe to Transmit Record on or after April 23, 2003, requesting that a final decree in divorce be entered. You have signed a Section 3301(c) affidavit consenting to the entry of a divorce decree. Unless you have already filed with the court a written claim for economic relief, you must do so by the date in the paragraph above, or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter- affidavit alone does not protect your economic claims. 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. vFF/?E OF ?ir..m7?fo.voj,??Y Cu,a1r?N0 cocwry ry«are (Name) clfwatte, --w (Address) ?12) 69'? -0371 (Telephone) IN THE COURT OF COMMON PLEAS Ronald Arthur Coutts, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION Jo Ann E. Coutts, Defendant NO. 02.5831 CIVIL TERM 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 §3301(c) 330#(d)(-1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: The complaint was hand delivered to Defendant on December 6, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff March 1, 2003 by defendant April 16, 2003 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: _ NONE 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Hand delivered to Defendant on A, nn l 16, (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ?f,?,IMT/iF VERSUS yv / fivyv -. Cv y7T-r QE??4?r No ci viI DECREE IN DIVORCE AND NOW, zft3, IT IS ORDERED AND DECREED THAT PLAINTIFF, AND -j-,q -,6_ Go v1TS ARE DIVORCED FROM THE BONDS OF MATRIMONY. . DEFENDANT, 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; /VO NE BY THE COURT: ATTE U v J' PROTHONOTARY 'V?? ??L /0P--)V-w Z"'. / , x ?. 0 -to RONALD ARTHUR COUTTS, Plaintiff vs. JO ANN E. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION TO ENFORCE MARITAL PROPERTY AGREEMENT AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to enforce various terms of the Marital Settlement Agreement between the parties dated 16 July 2002, based upon the following: 1. The Petitioner herein is the Defendant Jo Ann E. Coutts who resides at 5104 Inverness Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff Ronald Arthur Coutts who resides at 4084 Darius Drive in Enola, Cumberland County, Pennsylvania. 3. The parties hereto are formerly husband and wife and were divorced to a final decree entered by this court on 30 April 2003. 4. The parties are the parents of two minor children, Victoria M. Coutts, born 4 August 1995 and Samantha M. Coutts, born 11 November 1997. Each of the children suffer from some disability. Victoria has Attention Deficit Disorder which requires medication and regular medical care. Samantha is Autistic and requires special therapy on a repeated and regular basis. Although the parties share physical custody of the children in some fashion, most of the responsibility for the care and treatment of the children falls upon, and is provided by, Petitioner. 5. In July of 2002 the parties entered into an agreement prepared by the Respondent which was termed a "Marital Property Agreement with Dependent Minor Child(ren)." A copy of that agreement is attached hereto and marked as Exhibit A (hereinafter the "Agreement"). 6. The Respondent has failed to perform some of his obligations under the Agreement. Specifically: A. Section 8, Paragraph A of the Agreement requires Respondent to pay Petitioner the sum of $1,200.00 every month for the support of the two children. Respondent has failed to make those payments since August of 2003. B. Section 6, Paragraph 2, of the Agreement requires Respondent to pay $800.00 per month to Petitioner for her support. Respondent has failed to make that payment since August of 2003. 7. Respondent's failure to make the payments to Petitioner required by the Agreement has caused Petitioner significant financial hardship because she is without sufficient income or assets to meet the reasonable needs of herself and the children without those payments. As a result, Respondent's breach of the Agreement has caused Petitioner and the children significant financial and legal prejudice. 8. This court, as a remedy for the Respondent's breach of the Agreement may attach Respondent's wages, may enter judgment against Respondent, may award attorneys fees to Petitioner, and may use the contempt powers of the courts to enforce the Agreement. Petitioner asks this court to take all of those steps as necessary to enforce the terms of the Agreement. WHEREFORE, Petitioner prays this court to take whatever actions are reasonably required, including the attachment of the Respondent's wages, the entry of judgment against Respondent, the use of the court's contempt powers, and the award of attorneys fees to Petitioner, to enforce Petitioner's rights under the Agreement. rp,--t- ?? Sa el L. Andes Attorney for Petitioner Supreme Court ID # 17225 525 North 12t' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Q-//-fJ? ?4"Vr J Jo n E. Coutts MARITAL PROPERTY AGREEMENT WITH DEPENDENT MINOR CHILD (REN) NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND WHEREAS, JO ANN E. COUTTS. hereinafter referred to as "Wife", and RONALD A. COUTTS. hereinafter referred to as "Husband", are now married, having been married on the 14th day of May, 1994, in Anne Arundel County, land; and WHEREAS, the parties were separated on or about the 8th day of May. 2002, while residing in Cumberland County, Pennsylvania, and since that date have been living separate and apart; and WHEREAS, the parties agree to execute and exchange any papers that might be needed to complete this Agreement, including deeds, title certificates, bills of sale, etc.; and WHEREAS, the parties intend that this Agreement shall be binding on them from and after the date and time of execution, if permitted, and that this Agreement may be incorporated into a final judgment of divorce at some future time. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and advantages accruing to each party , the undersigned do hereby solemnly covenant, agree and contract as set forth above and below and being sworn, certify that the all statements contained herein are true and correct: Husband Initials:G _ Wife InitialsC:?_ SECTION 1. SEPARATION: RELINQUISHMENT OF MARITAL RIGHTS The parties shall continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried, and each may conduct, carry on and engage in any employment, business or trade which each shall seem advisable for their sole and separate use and benefit, without, and free from any control, restraint or interference by the other party in all respects as if each were unmarried. Neither of the parties shall molest or annoy the other or seek to compel the other to cohabit or dwell with the other by any proceedings for restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of the other, if any. SECTION 2. FINANCIAL DISCLOSURES By execution of this instrument, each party warrants and represents to the other party that he or she has fully disclosed their financial status, including their assets and liabilities of all types and agree that the terms of this Agreement are fair, just, and equitable after consideration of the financial status of the parties. SECTION 3. ASSETS A. In General. Husband and Wife are in possession of all personal property belonging to each, and neither makes any claim to any personal property in the possession of the other except as otherwise stated in this Agreement. The parties agree to divide their assets (everything they own and that is owed to parties) as provided below. Any personal item(s) not listed below is the property of the party currently in possession of the item(s). Each party shall retain as his or her own all of their personal clothing, jewelry and effects. B. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: Husband Initials: /& Wife Initials: ?__ iii) ( ) Wife (X) Husband shall pay all taxes, insurance and assessments. This obligation terminates upon final divorce decree or Wife cohabits, whichever comes first. 1. Additional Provisions or explanations: The party at 5104 Inverness Drive shall be sold or refinanced by Wife within 3 years Wife shall receive an initial sum with an outstanding loan of $133.000.00. Any Home Equity Loans against the equity must be paid by the party utilizing the loan. SECTION 4. DEBTS. LIABILITIES AND EXPENSES A. Except as otherwise provided herein each party agrees to pay their respective individual debts. B. Division of Liabilities/Debts. The parties divide their liabilities (everything they owe) as follows: Wife shall pay as her own all expenses related to her own personal needs. Thesd?- include, but are not limited to, personal dining, entertainment, clothing, etc. C. Husband shall pay as his own all of his own personal expenses including dining, entertainment, food, clothing, housing, etc. Husband shall also be responsible for tuition and books necessary to fulfill Wife's current major, with reasonable consideration given to a change in major. Husband shall continue to be responsible for all payments on the Mitsubishi Montero until final divorce decree or Wife cohabits, whichever comes first. SECTION 5. FUTURE EARNINGS AND ACQUISITIONS All income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party . Each party, as of the effective date of this Agreement, does hereby and forever waive, release, and relinquish all right, title, Husband Initials: Wife Initials:- and interest in all such income, earnings and other property except as necessary to collect any sums due hereunder in the event of default. SECTION 6. SPOUSAL SUPPORT (ALIMONY) 1. In consideration of the provisions contained herein for the respective benefits of the parties and other good and valuable considerations, the parties hereto mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support, whether past, present or future. X 2. (X) Husband ( ) Wife agrees to pay Wife an allowance in the amount of $ 150.00 every month, beginning May 8, 2002 and continuing until final divorce decree or Wife cohabits, whichever comes first Upon final divorce decree, Husband will pay Wife $800.00 of spousal support every month and continuing for 24 months or until Wife cohabits or remarries, whichever comes first. M Medical Insurance shall be provided to Wife by Husband until final divorce decree or Wife cohabits, whichever comes first. SECTION 7. CHILD CUSTODY. PARENTAL RESPONSIBILITY AND VISITATION A. The following child (ren) have been born to the marriage of the parties: Name Birth date Victoria M. Coutts 8/4,(95 Samantha M. Coutts 11/11/97 B. Parental Responsibility - Child Custody Both Husband and Wife are proper persons to have the permanent legal and physical custody, parental responsibility, care and control of the minor children of Husband Initials: /& Wife Initials_ the parties. Husband and Wife shall share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of the children, and shall, therefore, make joint decisions concerning the children's health, education and welfare. Both Husband and Wife shall exchange information concerning the health, education and welfare of the minor children, and shall confer with one another in the exercise of decision-making rights, responsibilities and authority. Husband and Wife shall have equal access to all medical, dental and school records concerning the minor children. However, the parties agree that the best interest of the child (ren) at this time is that primary parental responsibility and physical custody of the minor child (ren) will be and agree as follows: ( ) Husband shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Wife. ( ) Wife shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Husband. ( X) Husband and Wife shall have joint primary parental responsibility and custody of the minor child (ran) of the parties, both legal and physical C. Secondary Parental Responsibility, Visitation., or Time Sharing - General Provisions. Visitation shall be conducted pursuant the following general provisions: i) Visitation should be pleasant for the children and for the parent. Visitation should help the children maintain a good relationship with the non-custodial parent. ii) Visitation means the visiting parent will have the children visit in his or her home overnight. It may include trips and outings elsewhere. iii) Visitation schedules shall be followed and the visiting parent shall inform the other parent when he or she cannot comply with the schedule. Husband Initials:_14?1 Wife Initials:_- iv) Adjustment of the visitation schedule from time to time may be necessary according to the children's ages, health and interests. v) Visitation should provide meaningful personal contact for both the visiting parent and the children. vi) Visitation should not be used to check on the other parent and the children should not be questioned for information about the other parent. vii) Both parents should strive to agree on matters pertaining to the children, including discipline, so that one parent is not undermining the other parent's efforts. viii) It is in the child's best interest for each parent to have a frequent, meaningful and continuing relationship with their children. For children to make an adequate adjustment to the dissolution of their parents marriage, the children must be allowed to continue their relationship with both parents, experience minimal changes in their lifestyle if at all possible, and not experience post-separation conflict between their parents. D. Secondary Parental Responsibility, Visitation, or Time Sharing -Schedule. The non-custodial parent is entitled to reasonable visitation with the minor child(ren). Husband and Wife adopt the following visitation schedule for the non- custodial parent: i) Husband shall have three (3) visits with the children per week. The children shall be picked up on Saturday evening by 5:00 and returned Tuesday evening by 5:00. ii) If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime. iii) Holiday Access: Holiday access takes precedence over the regularly scheduled access/visitation plan. Holiday visitation shall Husband Initials:- Wife Initials:- alternate between the parties and include Christmas, Easter, Memorial Day, 4" of July, Labor Day, and Thanksgiving. iv) Mother's Day/Father's Day The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. E. Secondary Parental Responsibility, Visitation, or Time Sharing - Additional Provisions. In exercising visitation rights the following additional provisions apply: 1. Conflicts Between Regular Weekend, Holiday, and Extended Summer Visitation. Where there is a conflict between a holiday weekend and the regular weekend visitation, the holiday takes precedence. Thus, if the non- custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating visitation schedule will resume following the holiday. If the non-custodial parent received two consecutive weekends because of a holiday, the child will spend the following weekend with the custodial parent. When there is a conflict between holiday visitation and extended, summer visitation, the holiday visitation takes precedence. When there is a conflict between regular weekend visitation and extended summer visitation, extended summer visitation takes precedence. 2. Appropriate Conduct By Parents. Parents shall, at all times, avoid speaking negatively about each other and should firmly discourage such conduct by relatives or friends. Each parent should encourage the children to support the other parent. The basic rules of conduct and discipline established by the custodial parent should be the baseline standard for both parents, and consistently enforced by both, so that the children do not receive mixed signals. 3.. Parental Communication. Parents shall at all times keep each other advised of their home and work addresses and telephone numbers. So far as possible, all communication concerning the children shall be conducted between the parents in person, or telephonically at their residences (and not at their places of employment). Husband Initials:./?= Wife Initials: A== - F. Other Provisions. Each party shall maintain a pnmary residence within 50 miles of Harrisburg PA unless both parties agree to a move to another area. Neither parent shall take the child (ren) from the, custody of the other parent or any child care provider or other person entrusted by the other parent with the care of the child (ren) without the Agreement of the other party during the other party's time of parental responsibility or visitation. SECTION 8. CHILD SUPPORT. HEALTH INSURANCE DENTAL INSURANCE A. Amount and Person to Pay. All reasonable financial support of the minor children shall be provided by Husband, as needed, during the separation. Upon final divorce decree, Husband will pay Wife $1,200.00 every month for the support of the children. This obligation will be:reduced to $900.00 every month when the first child reaches the age of 18. Child support will be terminated when both children have reached the age of 18. B. Health Insurance. (X)Husband( ) Wife will (X) maintain health insurance coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. Any uninsured/ unreimbursed medical costs for the minor child(:ren) shall be assessed as follows: ( ) a. Shared equally by both parents. (3) b. Other: Paid by Husband. As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense. C. Dental Insurance. ( X ) Husband ( ) Wife will maintain ( X ) dental insurance Husband Initials: ?C Wife Initials:_ coverage for the parties' minor child(ren). The parry providing coverage will provide insurance cards to the other party showing coverage. OR ( ) dental insurance is not reasonably available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows: ( ) a Shared equally by both parents. ( ) b. Prorated according to the child support: guideline percentages. ( X ) c. Other: Paid by Husband. As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. D. Life Insurance. ( X ) Husband ( X ) Wife shall be required to maintain life insurance coverage for the benefit of the parties' minor child(ren) in the amount of $ 250,000.00 until the youngest child becomes an adult, becomes emancipated, marries, dies, or otherwise becomes self-supporting. E. IRS Income Tax Deduction(s). The parent granted primary residential responsibility or sole parental responsibility of the parties' minor child(ren) shall have the benefit of any tax deductions for the child(ren) or as follows: Husband will claim the minor children for tax purposes since Wife does not work and custody is shared. The other parent will convey any applicable IRS form regarding the income tax deduction. F. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): Husband awees to pay daycare expenses deemed neoessarv to allow Wife to Husband Initials: Wife Initials:- following division of same: 5001a of the amount currently in the retirement account will be provided to Jo Ann in cash at the time of sale or refinance of the home at 5104 Inverness Dr. The amount provided will be the lesser of the current amount or future amount at time of transfer. The current amount would be $13,485.00. G. Additional Household Furnishing and Effects Provisions. (Select as appropriate) M The household furnishings and effects of the parties have been mutually divided by the parties and neither makes claim to any such property in the possession of the other except as provided above. ? Wife agrees that the Husband shall retain all of the household f nnishings and effects presently located on the premises at _ excepting those items already removed by the Wife, or to be removed, with the Husband's permission, except as listed and provided above. ? Husband agrees that the Wife shall retain all of the household furnishings and effects presently located on the premises at _ excepting those items already removed by the Husband, or to be removed, with the Wife's permission, and except listed and provided above. H. Additional Marital Home Provisions. The marital home of the parties shall be: i) Occupied by( ) Husband (X) Wife. ii) Titled in the name of (X) Husband (X) Wife. The expenses of the marital home are and shall be paid as follows: i) ( ) Wife ( X ) Husband shall pay the mortgage payments. This obligation terminates upon final divorce decree or Wife's cohabit. ( ) Wife ( X) Husband shall pay the utilities and other expenses in connection with the upkeep and maintenance of the home. This obligation terminates upon final divorce decree or Wife cohabits. Husband Initials:- /We-- Wife Initials: ?- attend classes All other daycare expenses will be the responsibility of the individual party requiring daycare SECTION 9. MUTUAL IINDEMNITY The parties agree in regard to the payment of debts and other liabilities as stated in this Agreement that each shall indemnify and hold harmless the other for the payment of same. SECTION 10. INCOME TAXES With respect to any earlier year in which the parties filed joint Federal and State Income Tax Returns, each party agrees to indemnify the other for any income tax liability, penalty or deficiency associated with his or her income and shall hold the other party harmless therefor. The parties shall file separately for the Year 2003 and each Year thereafter. The parties acknowledge that they have been advised that there may be certain tax consequences pertaining to this Agreement and have been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement, and that each party has had an opportunity to do so. SECTION 11. ADDITIONAL OR FURTHER DOCUMENTS: COOPERATION Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes hereof. Each party shall execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient, or businesslike for the purpose of giving full force and effect to the provisions of this Agreement, specifically including any deeds, affidavits, tax forms or other instruments Husband Initials: Wife Initials: required of one party to the other in order to pass good or merchantable title to any property owned by either party during the marital relationship. SECTION 12. MODIFICATION This Agreement may be amended at a later date. It shall estop and preclude either party from making other or further demands and claims upon the other, not included herein, except that such legal action may be taken by either party as is necessary to enforce the terms and provisions hereof. SECTION 13. ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into this Agreement. This Agreement was executed free of any duress, coercion, collusion, or undue influence. In some instances, the Agreement represents a compromise of disputed issues; however, both parties believe that its terms and conditions are fair and reasonable. SECTION 14. RELEASE. WAIVER. BINDING EFFECT' AND ESTATES Except as otherwise provided for in this Agreement, each party shall be divested of and each party waives, renounces and gives up all right, title and interest in and to the property awarded to the other. All property and money received and retained by the parties shall be the separate property of the respective party, except as is specifically stated herein. Except for those rights and obligations contained in this Agreement, or arising therefrom by operation of law, both parties do hereby release and forever discharge the other party from all actions, causes of actions, claims and demands whatsoever, known and unknown, suspected and unsuspected, apparent now or hereafter. It is the specific Agreement and purpose of this paragraph to release and discharge any and all claims and causes of actions of any kind or nature whatsoever whether specifically mentioned or Husband Initials: Wle? Wife Initials: - not, which may exist or might be claimed to exist at or prior to the date of this Agreement; and, both parties specifically waive any claim or right to assert that any cause of action or alleged cause of action or claim or demand has been, through oversight or error or intentionally or unintentionally, omitted from this release and Agreement. SECTION 15. ENFORCEMENT This Agreement may be enforced by actions and proceedings for Contempt of Court, or attachment and garnishment, for specific performance, or any other remedy legally available to either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement. SECTION 16. BANKRUPTCY To the extent of any obligation contained herein is discharged in bankruptcy and the non- bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged. SECTION 17. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and each party acknowledges that there are no finther Agreements not expressly included herein and that this Agreement may be modified, altered, or amended only in writing, duly signed and notarized by each in the form of this original. SECTION 18. FULLY READ AND UNDERSTAND; INFORMED CONSENT Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefully considered same, and have signed and executed same after such consultation, that the signing of this Agreement is free and voluntary without Husband Initials:_/45?& Wife Initials: force or collusion by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they have had a reasonable opportunity to consult with an attorney of their choice in the negotiation and preparation of this document, and regarding any divorce proceeding. SECTION 19. SEVERABILLM If any portion of the Agreement shall be held to be void, voidable or unenforceable for any reason, then all the remaining parts or portions shall be construed, implemented and administered as if such void, voidable or unenforceable, portion did not appear herein. SECTION 20. CONTROLLING LAW This Agreement shall be governed, enforced and interpreted according to the laws of the State of Pennsylvania. SECTION 21. HEIRS AND ASSIGNS This Agreement shall be binding upon their legal representatives, successor, heirs and assigns. EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I have been open and honest in entering into this Settlement Agreement. I am satisfied with this Agreement and intend to be bound by it. Dated: ?? lOd 6 7 cV[ -L Signature Wife Printed Name: _ rJO ?? d t c f7`3 Address: Y10+ /n u-e".e s r . City,State,Zip: Mt?tien?csl? / fE /7o?a Telephone Number: 31 ^62 33 Fax Number: Husband Initials: Wife InitialsO ?/ Dated: /lO.Z STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Signature of Husband Printed Name: _ At )A ifs0 i4. C-%. -f Address: !4o8y 40&0.1 Fe. City, State, Zip: 40 c ao a? Telephone Number: C?/,0,51-7o8Y Fax Number: On this, the I G day of ?ram . before me O u{D"AI(W the ersigned officer, personally appeared 7o Ayio Pnutt known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that S'IA (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary lic Notww Sam Ca" L Ydxq*x d. Nobly Pubk d Name: _*t U? tA6W My Commission Expir s: tamp M BM CunbvhW carat' hkn*W.PWWOV iaAao*WnCINQWjj STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the t 6 day of laij ' Z26L before me (I*RlIic?L4iA.G&W the `Gndersignedofficer, personally appeared Rouvka pt- Cams , known to me (or satisfactorily proven) to be the person whose name hP subscribed to the within instrument, and acknowledged that U (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public NoWwsed CdYLYar N*jyp" ted Name: { (AAA My Commission Exp' 04vr ? -.- a, C01nd' Wmber. ?'"'Asw?non of N Husband Initials: Wife Initials:- l erEeOtca?e aQ 1!/ariRa LICENSE NO. .'?. /J//?aryla.tt Sia t e ol ?/i / 106236 -? ANNE ARUNDEL COUNTY (02) q [ p /7 TM o J Jderely Corteliy that on the 14 1-day of MR'S 1g" l? the following persons were by me united in marriage at.". to ?t4 AFOA_ A. g. (City or Town). in accordance with the License of the Clerk of the Court in the jurisdiction shown above. Groom's RONALD A. 000TTS 30 PENNSYLYANTA Name Age Birthplace Residence MECHANICSBM, PENNSYLVANIA - Marital Status SINGLE (Town or Civ,J - (County) (State) Bride's ' JO ANN EARLY 26 WASHINGTON DC Name _Age - Birthplace -: IStstel.- ResidenceBOWIE, P.G. CO'., MARYLAND SINGLE TMarital Status (Town or CItv) ICOUntYI (Star.) Relationship to groom if any NONE 11 Groom's S.S. No. ? '.. n ure of Authorlud Officer Bride's S.S. No. ?PS?oR`?f'.tVi+ yN`? titSZ' me and Office " MARCH 7 94 3®t. St,.tr_ v? +lwl l.t?',f"? License Date. 19 f Address of Authorized Officer A8,161't;s A> T1ON OF PI'6M(8! WME IAI.. RECSIVJC -. (fo ¦vbid ee "?f a Mile d?ti, drerlbi acl RM is cl"i p6wfi4 . Yen do ¦ot ¦ted to No arwo¦t ¦ubpa - Wien ipptletbk, hwl¦de wbrOw the iota w uy d*WdoW&c e¦it deoeraied bekW b wlk4 :. bab"W& or body.) C¦rtedt lhb merbety¦ n Cash on hand S Cash in bmhs/a edit unions Real estate: (Home) oma Automobiles - 2001 Mitsubishi Mon $20,000.00 value less $8,000.00 loan $1200000 11 Retirement lens (Profit Sharing, Pension, 401 s, eta 50% ofcurrent40t aawum $13485.00 Fumiture & ffimishings m home - MBR Kin Bed, FR sofa & Chars, DR faniture $3,000.00 Basemmt table and chairs, Deck tablelchavslumbrella $ 500,00 Funlimm & Aunishin elseavhere 11 Collectibles 11 JjMCITY Life insurance cash surrender value 13 sporting and emerw mend .v., stereo etc. ui ment Other assets-Lennox &ma, silverware Oasgwm $1,50-0.0-0- Husband Initials: Ale,- Wife Initials: c? C. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: ASSET& DESCREMON OF rrEM(S) HUSBAND SHALL RECEIVE (To avoid coshdon at a later date, deserlbe tack Ite e u clearly a poadbk. Yom do sot aced to lid secovat sneakers. Whom applicable, laelade wbether the we q ANY tiee/deed/amvmt described below it wife's, kosbaed's or both.) Csrrent Fair Market Vaiae ? Real estate: (Home) Other Business interests Automobiles -1979 Fiat 124 $3,000.00 Retirement lane Profit Shari Pension, IRA, 401 s, etc. 50% of current 401 account $13,485.00 Furniture & f n-nishin in home - MBR furniture, LR firrniture, FR/kitchen oak ibroiture, Queen Bed $2,000.00 Furniture & f trnishin elsewhere ? Collectibles Jewelry 11 Life insurance cash surrender value 11 1 ?[]Sporting and entertainment .V.,stem. ac, equipment -FRTV/VCR,19"Son TV $300.00 ? Basement Stereo, Computer w/ Canoe printer $1s500.00 ? Other assets - Hot Tub $2.000.00 ? $ Total Assets to Husband $ 22 5.00 D. Contingent Assets and Liabilities shall be divided as follows: E. Additional Retirement Account Provisions. 11he parties represent that all retirement and pension types of accounts have been disclosed and agree to the Husband Initials: /4e-;- Wife Initials: _ C r n - n _, 1 -G RONALD ARTHUR COUTTS, Plaintiff vs. JO ANN E. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION TO ENFORCE MARITAL PROPERTY AGREEMENT AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to enforce various terms of the Marital Settlement Agreement between the parties dated 16 July 2002, based upon the following: 1 . The Petitioner herein is the Defendant Jo Ann E. Coutts who resides at 5104 Inverness Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff Ronald Arthur Coutts who resides at 4084 Darius Drive in Enola, Cumberland County, Pennsylvania. 3. The parties hereto are formerly husband and wife and were divorced to a final decree entered by this court on 30 April 2003. 4. The parties are the parents of two minor children, Victoria M. Coutts, born 4 August 1995 and Samantha M. Coutts, born 11 November 1997. Each of the children suffer from some disability. Victoria has Attention Deficit Disorder which requires medication and regular medical care. Samantha is Autistic and requires special therapy on a repeated and regular basis. Although the parties share physical custody of the children in some fashion, most of the responsibility for the care and treatment of the children falls upon, and is provided by, Petitioner. 5. In July of 2002 the parties entered into an agreement prepared by the Respondent which was termed a "Marital Property Agreement with Dependent Minor Child(ren)." A copy of that agreement is attached hereto and marked as Exhibit A (hereinafter the "Agreement"). 6. The Respondent has failed to perform some of his obligations under the Agreement. Specifically: A. Section 8, Paragraph A of the Agreement requires Respondent to pay Petitioner the sum of $1,200.00 every month for the support of the two children. Respondent has failed to make those payments since August of 2003. B. Section 6, Paragraph 2, of the Agreement requires Respondent to pay $800.00 per month to Petitioner for her support. Respondent has failed to make that payment since August of 2003. 7. Respondent's failure to make the payments to Petitioner required by the Agreement has caused Petitioner significant financial hardship because she is without sufficient income or assets to meet the reasonable needs of herself and the children without those payments. As a result, Respondent's breach of the Agreement has caused Petitioner and the children significant financial and legal prejudice. 8. This court, as a remedy for the Respondent's breach of the Agreement may attach Respondent's wages, may enter judgment against Respondent, may award attorneys fees to Petitioner, and may use the contempt powers of the courts to enforce the Agreement. Petitioner asks this court to take all of those steps as necessary to enforce the terms of the Agreement. WHEREFORE, Petitioner prays this court to take whatever actions are reasonably required, including the attachment of the Respondent's wages, the entry of judgment against Respondent, the use of the court's contempt powers, and the award of attorneys fees to Petitioner, to enforce Petitioner's rights under the Agreement. cp? ?? Sa el L. Andes Attorney for Petitioner Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Q-!/-p?? ??Irn ,J f. 6Utrw Jo 6/h E. Coutts MARITAL PROPERTY AGREEMENT WITH DEPENDENT MINOR CHILD (REN) NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND WHEREAS, JO ANN E. COUTTS. hereinafter referred to as "Wife", and RONALD A. COUTTS. hereinafter referred to as "Husband", are now married, having been married on the 14th day of May. 1994, in Anne Arundel County Maryland; and WHEREAS, the parties were separated on or about the 8th day of May, 22002, while residing in Cumberland County, Pennsylvania, and since that date have been living separate and apart; and WHEREAS, the parties agree to execute and exchange any papers that might be needed to complete this Agreement, including deeds, title certificates, bills of sale, etc., and WHEREAS, the parties intend that this Agreement shall be binding on them from and after the date and time of execution, if permitted, and that this Agreement may be incorporated into a final judgment of divorce at some future time. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and contract as set forth above and below and being sworn, certify that the all statements contained herein are true and correct: Husband Initials: ,?G' _ Wife Initial - SECTION 1. SEPARATION: RELINQUISHMENT OF MARITAL RIGHTS The parties shall continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried, and each may conduct, carry on and engage in any employment, business or trade which each shall seem advisable for their sole and separate use and benefit, without, and free from any control, restraint or interference by the other party in all respects as if each were unmarried. Neither of the parties shall molest or annoy the other or seek to compel the other to cohabit or dwell with the other by any proceedings for restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of the other, if any. SECTION 2. FINANCIAL DISCLOSURES By execution of this instrument, each party warrants and represents to the other party that he or she has fully disclosed their financial status, including their assets and liabilities of all types and agree that the terms of this Agreement are fair, just, and equitable after consideration of the financial status of the parties. SECTION 3. ASSETS A. In General. Husband and Wife are in possession of all personal property belonging to each, and neither makes any claim to any personal property in the possession of the other except as otherwise stated in this Agreement. The parties agree to divide their assets (everything they own and that is owed to parties) as provided below. Any personal item(s) not listed below is the property of the ley currently in possession of the item(s). Each party shall retain as his or her own all of their personal clothing, jewelry and effects. B. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: Husband Initials:-/_ Wife Initials: iii) ( ) Wife (X) Husband shall pay all taxes, insurance and assessments. This obligation terminates upon final divorce decree or Wife cohabits, whichever comes first. 1. Additional Provisions or explanations: The prouerty at 5104 Inverness Drive shall be sold or refinanced by Wife within 3 years. Wife shall receive an initial sum equal to her share of the retirement account. The remainder of eouity shall be divided equally among the parties. The home is currently valued at $205,000.00 with an outstanding loan of $133,000.00. Any Home Equity Loans against the eeguity must be paid by the party utilizing the loan. SECTION 4. DEBTS. LIABILITIES AND EXPENSES A. Except as otherwise provided herein each party agrees to pay their respective individual debts. B. Division of Liabilities/Debts. The parties divide their liabilities (everything they owe) as follows: Wife shall pay as her own all expenses related to her own personal needs. Thewe -\. /" include, but are not limited to, personal dining, entertainment, clothing, etc. C. Husband shall pay as his own all of his own personal expenses including dining, entertainment, food, clothing, housing, etc. Husband shall also be responsible for tuition and books necessary to fulfill Wife's current major, with reasonable consideration given to a change in major. Husband shall continue to be responsible for all payments on the Mitsubishi Montero until final divorce decree or Wife cohabits, whichever comes first. SECTION 5. FUTURE EARNINGS AND ACQUISITIONS All income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this Agreement, does hereby and forever waive, release, and relinquish all right, title, Husband Initials: 4--- Wife Initials:_ and interest in all such income, earnings and other property except as necessary to collect any sums due hereunder in the event of default. SECTION 6. SPOUSAL SUPPORT (ALIMONY) 1. In consideration of the provisions contained herein for the respective benefits of the parties and other good and valuable considerations, the parties hereto mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support, whether past, present or future. X 2. M Husband ( ) Wife agrees to pay Wife an allowance in the amount of $ 150.00 every month, beginning May 8, 2002 and continuing until final divorce decree or Wife cohabits, whichever comes first Upon final divorce decree, Husband will pay Wife $800.00 of spousal support every month and continuing for 24 months or until Wife cohabits or remarries, whichever comes first. (X) Medical Insurance shall be provided to Wife by Husband until final divorce decree or Wife cohabits, whichever comes first. SECTION 7. CHILD CUSTODY PARENTAL RESPONSIBILITY AND VISITATION A. The following child (ren) have been born to the marriage of the parties: Name Birth date Victoria M. Coutts 8/4/95 Samantha M. Coutts 11/11/97 B. Parental Responsibility - Child Custody Both Husband and Wife are proper persons to have the permanent legal and physical custody, parental responsibility, care and control of the minor children of Husband Initials:? Wife Initials the parties. Husband and Wife shall share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of the children, and shall, therefore, make joint decisions concerning the children's health, education and welfare. Both Husband and Wife shall exchange information concerning the health, education and welfare of the minor children, and shall confer with one another in the exercise of decision-making rights, responsibilities and authority. Husband and Wife shall have equal access to all medical, dental and school records concerning the minor children. However, the parties agree that the best interest of the child (ren) at this time is that primary parental responsibility and physical custody of the minor child (ren) will be and agree as follows: ( ) Husband shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Wife. ( ) Wife shall have primary parental responsibility and custody of the minor child (ren) of the parties subject to the visitation rights of Husband. (X) Husband and Wife shall have joint primary parental responsibility and custody of the minor child (ren) of the parties, both legal and physical. C. Secondary Parental Responsibility, Visitation, or Time Sharing - General Provisions. Visitation shall be conducted pursuant the following general provisions: i) Visitation should be pleasant for the children and for the parent. Visitation should help the children maintain a good relationship with the non-custodial parent. H) Visitation means the visiting parent will have the children visit in his or her home overnight. It may include trips and outings elsewhere. iii) Visitation schedules shall be followed and the visiting parent shall inform the other parent when he or she cannot comply with the schedule. Husband Initials:- 1-e_ Wife Initials: - iv) Adjustment of the visitation schedule from time to time may be necessary according to the children's ages, health and interests. V) Visitation should provide meaningful personal contact for both the visiting parent and the children. vi) Visitation should not be used to check on the other parent and the children should not be questioned for information about the other parent. vii) Both parents should strive to agree on matters pertaining to the children, including discipline, so that one parent is not undermining the other parent's efforts. viii) It is in the child's best interest for each parent to have a frequent, meaningf d and continuing relationship with their children. For children to make an adequate adjustment to the dissolution of their parents marriage, the children must be allowed to continue their relationship with both parents, experience minimal changes in their lifestyle if at all possible, and not experience post-separation conflict between their parents. D. Secondary Parental Responsibility, Visitation, or Time Sharing -Schedule. The non-custodial parent is entitled to reasonable visitation with the minor child(ren). Husband and Wife adopt the following visitation schedule for the non- custodial parent: 0 Husband shall have three (3) visits with the children per week. The children shall be picked up on Saturday evening by 5:00 and returned Tuesday evening by 5:00. ii) If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime. Holiday Access: Holiday access takes precedence over the regularly scheduled access/visitation plan. Holiday visitation shall Husband Initials: /4*? Wife Initials:- alternate between the parties and include Christmas, Easter, Memorial Day, 0 of July, Labor Day, and Thanksgiving. iv) Mother's Day/Fathee's Day The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. E. Secondary Parental Responsibility, Visitation, or Time Sharing - Additional Provisions. In exercising visitation rights the following additional provisions apply: Conflicts Between Regular Weekend, Holiday, and Extended Summer Visitation. Where there is a conflict between a holiday weekend and the regular weekend visitation, the holiday takes precedence. Thus, if the non- custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating visitation schedule will resume following the holiday. If the non-custodial parent received two consecutive weekends because of a holiday, the child will spend the following weekend with the custodial parent. When there is a conflict between holiday visitation and extended summer visitation, the holiday visitation takes precedence. When there is a conflict between regular weekend visitation and extended summer visitation, extended summer visitation takes precedence. 2. Appropriate Conduct By Parents. Parents shall, at all times, avoid speaking negatively about each other and should firmly discourage such conduct by relatives or friends. Each parent should encourage the children to support the other parent. The basic rules of conduct and discipline established by the custodial parent should be the baseline standard for both parents, and consistently enforced by both, so that the children do not receive mixed signals. 3. Parental Communication. Parents shall at all times keep each other advised of their home and work addresses and telephone numbers. So far as possible, all communication concerning the children shall be conducted between the parents in person, or telephonically at their residences (and not at their places of employment). Husband Initials: Wife Initials:- F. Other Provisions. Each party shall maintain a primary residence within 50 miles of Harrisburg PA unless both parties agree to a move to another area. Neither parent shall take the child (ren) from the custody of the other parent or any child care provider or other person entrusted by the other parent with the care of the child (ren) without the Agreement of the other party during the other party's time of parental responsibility or visitation. SECTION 8. CHILD SUPPORT. HEALTH INSURANCE. DENTAL INSURANCE A. Amount and Person to Pay. All reasonable financial support of the minor children shall be provided by Husband, as needed, during the separation. Upon final divorce decree, Husband will pay Wife $1,200.00 every month for the support of the children. This obligation will be reduced to $900.00 every month when the first child reaches the age of 18. Child support will be terminated when both children have reached the age of 18. B. Health Insurance. (X) Husband ( ) Wife will (X) maintain health insurance coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. Any uninsured/ unreimbursed medical costs for the minor child(ren) shall be assessed as follows: ( ) a. Shared equally by both parents. (J-) b. Other: Paid by Husband. As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense. C. Dental Insurance. (X) Husband ( ) Wife will maintain (X) dental insurance Husband Initials: //lG Wife Initials:- coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR ( ) dental insurance is not reasonably available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows: ( ) a. Shared equally by both parents. ( ) b. Prorated according to the child support guideline percentages. ( X ) c. Other: Paid by Husband. As to these uninsured/unreimbutsed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. D. Life Insurance. ( X ) Husband ( X) Wife shall be required to maintain life insurance coverage for the benefit of the parties' minor child(ren) in the amount of $ 250,000.00 until the youngest child becomes an adult, becomes emancipated, marries, dies, or otherwise becomes self-supporting. E. IRS Income Tax Deduction(s). The parent granted primary residential responsibility or sole parental responsibility of the parties' minor child(ren) shall have the benefit of any tax deductions for the child(ren) or as follows: Husband will claim the minor children for tax purposes since Wife does not work and custody is shared. The other parent will convey any applicable IRS form regarding the income tax deduction. F. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): Husband agrees to nay daycare expenses deemed necessary to allow Wife to Husband Initials: Wife Initials:_ following division of same: 50% of the amount currently in the retirement account will be arovided to Jo Ann in cash at the time of sale or refinance of the home at 5104 Inverness Dr. The amount provided will be the lesser of the current amount or future amount at time of transfer. The current amount would be $13A85.00. G. Additional Household Furnishing and Effects Provisions. (Select as appropriate) DK The household furnishings and effects of the parties have been mutually divided by the parties and neither makes claim to any such property in the possession of the other except as provided above. ? Wife agrees that the Husband shall retain all of the household fianishings and effects presently located on the premises at - excepting those items already removed by the Wife, or to be removed, with the Husband's permission, except as listed and provided above. ? Husband agrees that the Wife shall retain all of the household finnishings and effects presently located on the premises at excepting those items already removed by the Husband, or to be removed, with the Wife's permission, and except listed and provided above. H. Additional Marital Home Provisions. The marital home of the parties shall be: i) Occupied by ( ) Husband (X) Wife. ii) Titled in the name of (X) Husband (X) Wife. The expenses of the marital home are and shall be paid as follows: i) ( ) Wife ( X ) Husband shall pay the mortgage payments. This obligation terminates upon final divorce decree or Wife's cohabit. ( ) Wife ( X) Husband shall pay the utilities and other expenses in connection with the upkeep and maintenance of the home. This obligation terminates upon final divorce decree or Wife cohabits. Husband Initials:- A-1:5- Wife Initials: _ attend classes. All other daycare expenses will be the responsibility of the individual party requiring daycare. SECTION 9. MUTUAL INDENINITY The parties agree in regard to the payment of debts and other liabilities as stated in this Agreement that each shall indemnify and hold harmless the other for the payment of same. SECTION 10. INCOME TAXES With respect to any earlier year in which the parties filed joint Federal and State Income Tax Returns, each party agrees to indemnify the other for any income tax liability, penalty or deficiency associated with his or her income and shall hold the other party harmless therefor. The parties shall file separately for the year 2003 and each year thereafter. The parties acknowledge that they have been advised that there may be certain tax consequences pertaining to this Agreement and have been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement, and that each party has had an opportunity to do so. SECTION 11. ADDITIONAL OR FURTHER DOCUMENTS: COOPERATION Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes hereof. Each party shall execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient, or businesslike for the purpose of giving full force and effect to the provisions of this Agreement, specifically including any deeds, affidavits, tax forms or other instruments Husband Initials: Wife Initials:_ required of one party to the other in order to pass good or merchantable title to any property owned by either patty during the marital relationship. SECTION 12. MODIFICATION This Agreement may be amended at a later date. It shall estop and preclude either party from making other or further demands and claims upon the other, not included herein, except that such legal action may be taken by either party as is necessary to enforce the terms and provisions hereof. SECTION 13. ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into this Agreement. This Agreement was executed fine of any duress, coercion, collusion, or undue influence. In some instances, the Agreement represents a compromise of disputed issues; however, both parties believe that its terms and conditions are fair and reasonable. SECTION 14. RELEASE. WAIVER. BINDING EFFECT. AND ESTATES Except as otherwise provided for in this Agreement, each party shall be divested of and each party waives, renounces and gives up all right, title and interest in and to the property awarded to the other. All property and money received and retained by the parties shall be the separate property of the respective party, except as is specifically stated herein. Except for those rights and obligations contained in this Agreement, or arising therefrom by operation of law, both parties do hereby release and forever discharge the other party from all actions, causes of actions, claims and demands whatsoever, known and unknown, suspected and unsuspected, apparent now or hereafter. It is the specific Agreement and purpose of this paragraph to release and discharge any and all claims and causes of actions of any kind or nature whatsoever whether specifically mentioned or Husband Initials: Allk Wife Initials:- not, which may exist or might be claimed to exist at or prior to the date of this Agreement; and, both parties specifically waive any claim or right to assert that any cause of action or alleged cause of action or claim or demand has been, through oversight or error or intentionally or unintentionally, omitted from this release and Agreement. SECTION 15. ENFORCEMENT This Agreement may be enforced by actions and proceedings for Contempt of Court, or attachment and garnishment, for specific performance, or any other remedy legally available to either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement. SECTION 16. BANKRUPTCY To the extent of any obligation contained herein is discharged in bankruptcy and the non- bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged. SECTION 17. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and each party acknowledges that there are no fiuther Agreements not expressly included herein and that this Agreement may be modified, altered, or amended only in writing, duly signed and notarized by each in the form of this original. SECTION 18. FULLY READ AND UNDERSTAND: INFORMED CONSENT Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefiilly considered same, and have signed and executed same after such consultation, that the signing of this Agreement is free and voluntary without Husband Initials: _AW Wife Initials: Q?_ - force or collusion by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they have had a reasonable opportunity to consult with an attorney of their choice in the negotiation and preparation of this document, and regarding any divorce proceeding. SECTION 19. SEVERABILITY If any portion of the Agreement shall be held to be void, voidable or unenforceable for any reason, then all the remaining parts or portions shall be const ued, implemented and administered as if such void, voidable or unenforceable portion did not appear herein. SECTION 20. CONTROLLING LAW This Agreement shall be governed, enforced and interpreted according to the laws of the State of Pennsylvania. SECTION 21. HEIRS AND ASSIGNS This Agreement shall be binding upon their legal representatives, successor, heirs and assigns. EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I have been open and honest in entering into this Settlement Agreement. I am satisfied with this Agreement and intend to be bound by it. Dated: 0 1- 16,a66-;Z, `ozl_ F Signature#f Wife Printed Name: _ -loAnn Caufts Address: S/ V 4 In Ue" - s City, State, Zip: i '+ "a Telephone Number: Fax Number: Husband Initials: Wife Initial?_ ., Dated: /C2 A STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND -T• Signature of Husband Printed Name: _ Roo.,,- o 4 Cm, &r Address: 4/09*1 40&&.1 to City, State, Zip: ?,. or r i 1-1ojS' Telephone Number: C?/9) "S-6-7o*Y Fax Number: On this, the 1la day of '--Iu i t.,_ 200L , before me 00-4 u{rn"At(W th- liade reigned officer, personally appeared 70 Aw etki tts , known to me (or satisfactorily proven) to be the person whose name -13U. subscribed to the within instrument, and acknowledged that ka- (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. AAXW Notary Ifablic Ca@y L Y ? ,NNOtaty Ptg* ted Name: _aW t Wd AW My Commission Exp' s: 0MVHr ft0, CW"1Wd Courtly 20 naro«, wi.ayMnm n a NaaNen STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 16 day of , ZWL before me OA7NU??jtLkra w the `6ndersigned officer, personally appeared AMAia A- Ca,7TS known to me (or satisfactorily proven) to be the person whose name Ke subscribed to the within instrument, and acknowledged that ko (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. A?" Notary llic NOWWsw Q5M w ??yauelc tedName: /Inika1w My Commission Exp. aa^ a„0* of No(0s Husband Initials: Wife Initials: Gl _ C.ertil• scale ol Marriage LICENSE NO. j / 106236 ' w Jiialeo/ varvfanct ` ANNE ARUNDEL COUNTY (02) J Jder¢iley Cerfeliy that on the 1 b T day of Ml "k 19IN the following persons were by me united in marriage at, _ P4 Ap©? g . (clty or Tawn) in accordance with the License of the Clerk of the Court in the jurisdiction shown above, Groom's RONALD A. 'CO MS 30 PENN$YLYANIA Name Age - -Birthplace Residence MECHANICSBURG, PENNSYLVANIA Marital Status SINGLE Irown or Oity) ICOUntYI. Istete) Bride's JO ANN EARLY 26 WASHINGTON OC ` Name Age Birthplace Residence' BOWIE, P.G. CO., MARYLAND -Marital Status SINGLE (rawn or ON,) (CUUrnb Isteul Relationship to groom if any NONE Groom's S.S. No. - p _ $ n ure of Authorised 'cer Bride's S.S. No. ?P.S?oR-?AL?1ia { UN? tabS`r p ntle arid Offize MARCH 7 94 3m T o R?>? t y? iy iJ?11 l.t? License Date. 19 ze ?,VO` Adonse of Autharised Officer -.--.--•v-.r--•-• ••.. w.w .m war ?scw?? I nn beet Wiese ipptla?blq tielede wlelber the i Market vahe oew ar may d"dee"Cromet deseelbtd below to w.Wlo, JI ieobeid4,?6Ni.) less 30% C. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: Husband Initials: [i _ Wife Initials:- ASSEM DUCRIPTION OF rrEM(S) n118RAND SHALL RECEIVE (To avoid comfi item at ¦ later date, describe tech item as clearly as possible. Yam, do mot aced to Not aetemrtt mashers Where applicable, Imelade whether the mare on any titlddeed/aeeont described below Is wife's, Mahood's or both.) Curtest Fair Market Valme Real estate: ome ? Other Business interests Automobiles -1979 Fiat 124 $3,000.00 Retirement lens Profit Sharin& Pension, IRA, 40t (kA etc. 50% of current 401 account $13.485.00 ? Furniture & furnishin in home - MBR fumiture, LR frniu re, FR/kitchen oak furniture, ueen Bed 2-, 0- ? Furniture & fumishin elsewhere ? Collectibles Jewelry Life insurance cash surrender value S and entertainment T.V., stereo. etc. equipment - FR TVNC 19" Son TV $300.00 ? Basement Stereo, Co uter w/ Canon printer $1,500.00 Other assets - Hot Tub $200000 ? $ Total Assets to Husband $22.285.00 ` D. Contingent Assets and Liabilities shall be divided as follows: E. Additional Retirement Account Provisions. The parties represent that all retirement and pension types of accounts have been disclosed and agree to the Husband Initials:-^= Wife Initials: _ ? (7 ?7 ? i . n-, __? ?.;-, <. ?. _.:. ' n :: .. f< f" RONALD ARTHUR COUTTS, Plaintiff VS. JO ANN E. COUTTS, Defendant ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE AND NOW this t4 day of Sc fot-L,-L3-, 2003, upon consideration of the attached Petition, a hearing is hereby scheduled, to be held before the undesigned in Court Room / of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at ,30 o'clock ??.m. on the day of X2003. Distribution: Donald Arthur Coutts (pro se) Zamuel 084 Darius Drive, Enola, PA 17025 L. Andes, Esquire (Attorney for Petitioner) 525 North 12"' Street, Lemoyne, PA 17043 7?ulWl, RK? 09 -a3 -03 RV TWr: r`r11 IRT l ? l'.n,i^?'. fv..? .V r U .. ? .:_.?J RONALD ARTHUR COUTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JO ANN E. COUTTS, Defendant 02-5831 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of November, 2003, upon consideration of Defendant's Petition To Enforce Marital Property Agreement, and pursuant to an agreement reached in open court in the presence of the parties and their counsel, Samuel L. Andes, Esquire, on behalf of the Defendant and Scott A. Stein, Esquire, on behalf of the Plaintiff, it is ordered and directed as follows: 1. The child support payments at the parties' property settlement agreement as set out in section 8 of that agreement, which among other things, required the Plaintiff to pay $1,200 per month for the support of his two children, shall continue as long as he is obligated to pay alimony pursuant to this order. Neither party waives at this time their rights, arguments, defenses or remedies relating to the Plaintiff's belief that he may reduce the amount of support or ask the Court to reduce the amount of child support and the Defendant's posit--on that he may not do so and that the Court may not reduce the amount agreed upon between the parties. If that matter needs to be addressed, the parties will address it themselves or ask the Court to address it in the future. 2. The Plaintiff shall pay the Defendant alimony as follows: A. Commencing with the 1st day of December, 2003, and continuing through the end of May, 2005, or the end of the month in which the Defendant remarries or cohabitates with a man not her un?nC" ,? s dy?a oe:r d J. o FCC .thbt?vC ? do J•l I1 t spouse, he shall pay $300.00 per month as alimony. B. Commencing on the 1st day of the month following the end of the period described in subparagraph A hereof, the Plaintiff shall pay alimony to the Defendant in the amount of $500 per month for 21 consecutive months, reduced by the number of months between the end of the month in which the Defendant remarries or cohabitates with a man not her spouse and the end of May 2005. C. The Plaintiff shall have the right to prepay the alimony under this paragraph and any additional payment he makes will apply to reduce the term of the alimony set out in paragraph B, with additional payments being applied to offset the payments due at the end of that term. Otherwise, there shall be no modification o:° termination of the alimony. The parties specifically agree that the alimony shall not be terminated in the event that the Defendant remarries or cohabitates with a man not her spouse after the 31st of May 2005. 3. Otherwise, the terms and provisions of the parties' marital property agreement shall remain in full force and effect. ,!?cott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 For the Plaintiff (,Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 For the Defendant Pcb o? d3 ?r By the Court, RONALD ARTHUR COU'ITS, ) Plaintiff ) vs. ) JO ANN E. COUTTS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION TO ENFORCE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to enforce its Order of 26 November 2003, based upon the following: 1. The Petitioner herein is the Defendant. 2. The Respondent herein is the Plaintiff. 3. By Order dated 26 November 2003, this Court directed the Plaintiff to make certain payments to Defendant. Those payments include: A. Support for the parties' two children in the amount of $1,200.00 per month. B. Alimony to Defendant in the amount of $300.00 per month through May 2005 and an additional amount of alimony thereafter. Copy of this Court's Order is attached hereto and marked as Exhibit A. 4. Plaintiff has violated the Order by failing to make the payments directed by this Court. 5. Defendant has been seriously prejudiced and injured by Plaintiff's violation of this Court's Order because she has been deprived of the funds she requires to support herself and the children. WHEREFORE, plaintiff prays this court to enforce its Order of 26 November 2003 by directing the Domestic Relations Office of Cumberland County to collect the payment due hereunder, by attaching Plaintiff's wages, by entering judgment against the Plaintiff, and by the general contempt powers of this Court. Samuel L. Andes- Attorney for Petitioner Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Jo ? E. Coutts RONALD ARTHUR COUTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW JO ANN E. COUTTS, Defendant 02-5831 CIVIL TERM ORDER-OF COURT AND NOW,, this 26th day of November, 2003, upon consideration of Defendant's Petition To Enforce Marital Property Agreement, and pursuant to an agreement reached in open court in the presence of the parties and their counsel, Samuel L. Andes, Esquire, on behalf of the Defendant and Scott A. Stein, Esquire, on behalf of the Plaintiff, it is ordered and directed as follows: 1. The child support payments at the parties' property settlement agreement as set out in Section 8 of that agreement, which among other things, required the Plaintiff to pay $1,200 per month for the support of his two children, shall continue as long as he is obligated to pay alimony pursuant to this order. Neither party waives at this time their rights, arguments, defenses or remedies relating to the Plaintiff's belief that he may reduce the amount of support or ask the Court to reduce the amount of child support and the Defendant's position that he may not do so and that the Court may not reduce the amount agreed upon between the parties. If that matter needs to be addressed, the parties will address it themselves or ask the Court to address it in the future. 2. The Plaintiff shall pay the Defendant alimony as follows: A. Commencing with the 1st day of December, 2003, and continuing through the end of May, 2005, or the end of the month in which the Defendant remarries or cohabitates with a man not her A spouse, he shall pay $300.00 per month as alimony. B. Commencing on the 1st day of the month following the end of the period described in subparagraph A hereof, the Plaintiff shall pay alimony to the Defendant in the amount of $500 per month for 21 consecutive months, reduced by the number of months between the end of the month in whid11 the Defendant remarries or cohabitates with a man not her spouse and the end of May 2005. C. The Plaintiff shall have the right to prepay the alimony under this paragraph and any additional payment he makes will apply to reduce the term of the alimony set out in paragraph B, with additional payments being applied to offset the payments due at the end of that term. Otherwise, there shall be no modification or termination of the alimony. The parties specifically agree that the alimony shall not be terminated in the event that the Defendant remarries or cohabitates with a man not her spouse after the 31st of May 2005. 3. Otherwise, the terms and provisions of the parties' marital property agreement shall remain in full force and effect. Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 For the Plaintiff Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 For the Defendant Pcb TRUE COPY FROM RECORD In Testimomr v: unto set my hand and the seal o`',, ; t • s Carlisle, Pa. T is .... ?'....., Protl onotary By the Court, o <. RIM -rl -IJ :: ss C5 ` CO MAR 10 2004 6 RONALD ARTHUR COUTTS, Plaintiff vs. JO ANN E. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE ORDER OF COURT I AND NOW this i day of jAd 2) C- L, 2004, upon consideration of the attached Petition, a hearing is hereby scheduled before the undersigned, in Court Room 1 of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at a= 30 o'clock 4--m. on the ,?/ day of April 2004. 61 Distribution: v Cott A. Stein, Esquire (Attorney for Plaintiff) 3800 Market Street, Camp Hill, PA 17011 /amuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 )w 311S/a?, ?1 7 03'15.04 BY THE COURT. w 6 1 :h '.'.; S I RONALD A. COUTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JO ANN E. COUTTS, Defendant NO. 02-5831 CIVIL TERM ORDER OF COURT AND NOW, this 31" day of March, 2004, upon consideration of the Petition To Enforce, filed on behalf of Jo Ann E. Courts, and of the attached letter of Samuel L. Andes, Esq., the petition is dismissed, without prejudice, and the hearing scheduled for April 21, 2004, is cancelled. BY THE COURT, Scott A. Stein, Esq. 3800 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12th Street Lemoyne, PA 17043 Attorney for Defendant :rc Tol 7rt 9`01 N'T 1- Llr woo SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 166 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 701-5301 25 March 2004 The Honorable J. Wesley Oler Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE.• Coutts v. Coutts No. 02-5831 Civil Term Dear Judge Oler: FAX (717) 701-1435 I represent the Defendant in the above matter and I filed recently, on her behalf, a Petition to Enforce the Support Provision of an Order you had entered in a case last year. I am happy to report that filing the Petition has had the desired effect and that Mr. Coutts has made the back support payments he owes. As a result, I request that the hearing in this matter be rescheduled generally, to be rescheduled upon the motion of either party as may be necessary in the future. I have prepared a proposed Order and enclose it. I have sent a copy of this letter to Scott Stein, Esquire, who represents Mr. Coutts, so that he can contact you if he does not agree with the procedure I propose. Please contact my office if you need anything further. Thank you for your cooperation. Sincerely, S ue . Andes .'I M SLA/mlv Enclosure cc: Scott A. Stein, Esquire VAR 2 9 904 RONALD ARTHUR COUTTS, Plaintiff VS. JO ANN E. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION TO ENFORCE AND, FOR SANCTIONS AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to enforce its prior order in this matter and to impose sanctions upon the Plaintiff for his violation of that order, all based upon the following: 1. The Petitioner herein is the Defendant jo Ann E. Coutts who resides at 1096 Ballyshannon Drive in Elizabethtown, Pennsylvania 17022. 2. The Respondent herein is the Plaintiff Ronald Arthur Coutts who now resides at 1205 Limerick Court in Hummelstown, Pennsylvania 17036. 3. The parties are formerly husband and wife. At the time of their divorce they entered into an agreement which provided, inter alia for the payment of child support and alimony. 4. In 2003 Plaintiff breached the terms of the Property Settlement Agreement between the parties by failing to make payments of child support and alimony as required by that Agreement. As a result, Defendant filed a Petition to Enforce Marital Property Agreement. 5. On 26 November 2003, this court, based upon an agreement reached by the parties and on Defendant's Petition to Enforce Marital Property Agreement, entered an order which required Plaintiff to pay alimony to Defendant in the amount of $300.00 per month through the end of May 2005 and in the amount of $500.00 per month for twenty-one (21) consecutive months thereafter, and required Plaintiff to pay child support in the amount of $1,200.00, without modification, as long as he was obligated to pay alimony. A copy of this court's order is attached hereto and marked as EXHIBIT A. 6. Plaintiff failed to perform his obligations under the said order. Following negotiations between the parties and a cash payment from Plaintiff to Defendant, Defendant forgave all child support, alimony, and day care payments which Plaintiff owed Defendant through the end of September 2005. A copy of the agreement reached by the parties in that regard is attached hereto and marked as EXHIBIT B. 7. Since September of 2005, Plaintiff has again breached this court's order of 26 November 2003 by failing to make payment of the alimony required by that order. Specifically, Plaintiff has failed to make any alimony payments since December of 2005. As a result, he currently owes alimony in the amount of $500.00 per month, for the period commencing on 1 January 2006 through 28 February 2007 or a total at this time of $7,000.00. 8. Plaintiff's conduct in breaching the provisions of this court's order have caused Defendant significant financial hardship and have made it necessary for her to engage and pay an attorney to protect her rights under that order. WHEREFORE, Defendant prays this court to enforce its order of 26 November 2005 by directing the Plaintiff to pay to Defendant the sum of $7,000.00 immediately and to award to Defendant, and direct Plaintiff to pay, Defendant's actual attorneys fees incurred in the enforcement of the said order. 1 L. Andes Attorney for Petitioner Supreme Court ID # 17225 525 North 12t' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?l aa) * (4- llt? Z?- &Za? Jo . Coutts CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the by regular mail, postage prepaid, addressed as follows: Ronald Arthur Coutts 1205 Limerick Court Hummelstown, PA 1736 Scott A. Stine, Esquire 3800 Market Street Camp Hill, PA 17011 Date: 30 June 2006 Amy M. rkins Sec tary for Samuel L. Andes EXHIBIT A RONALD ARTHUR COUTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JO ANN E. COUTTS, Defendant 02-5831 CIVIL TERM ORDER-OF COURT AND NOW,, this 26th day of November, 2003, upon consideration of Defendant's Petition To Enforce Marital Property Agreement, and pursuant to an agreement reached in open court in the presence of the parties and their counsel, Samuel L. Andes, Esquire, on behalf of the Defendant and Scott A. Stein, Esquire, on behalf of the Plaintiff, it is ordered and directed as follows: 1. The child support payments at the parties' property settlement agreement as set out in Section 8 of that agreement, which among other things, required the Plaintiff to pay $1,200 per month for the support of his two children, shall continue as long as he is obligated to pay alimony pursuant to this order. Neither party waives at this time their rights, arguments, defenses or remedies relating to the Plaintiff's belief that he may reduce the amount of support or ask the Court to reduce the amount of child support and the Defendant's position that he may not do so and that the Court may not reduce the amount agreed upon between the parties. If that matter needs to be addressed, the parties will address it themselves or ask the Court to address it in the future. 2. The Plaintiff shall pay the Defendant alimony as follows: A. Commencing with the lst day of December, 2003, and continuing through the end of May, 2005; or the end of the.month in which the Defendant remarries or cohabitates with a man not her spouse, he shall pay $300.00 per month as alimony. B. Commencing on the 1st day of the month following the end of the period described in subparagraph A hereof, the Plaintiff shall pay alimony to the Defendant in the amount of $500 per month for 21 consecutive months, reduced by the number of months between the end of the month in which the Defendant remarries or cohabitates with a man not her spouse and the end of May 2005. C: The Plaintiff shall have the right to prepay the alimony under this paragraph and any additional payment he makes will apply to reduce the term of the alimony set out in paragraph B, with additional payments being applied to offset the payments due at the end of that term. . Otherwise, there shall be no modification or termination of the alimony. The parties specifically agree that the alimony shall not be terminated in the event that the Defendant remarries or cohabitates with a man not her spouse after the 31st of May 2005. 3. Otherwise, the terms and provisions of the parties` marital property agreement shall remain in full force and effect. Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 For the Plaintiff Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 For the Defendant Pcb TRUE COP)f FROM RECORD in Testimony Vwi-: =: ! i = unto set my hand and the seal o= you t t Carlisle, Pa. T is ..r.....C....., Prot ondtary By the Court, EXHIBIT B October 5, 2005 Ron Coutts: This letter is to state that upon your signing over to me the $6,500.00 check that is being held in escrow at my attorney's office, and my receipt of an additional $1,100.00 from you at this time, we are in agreement with regard to settlement of the marital home and I will waive past child support, alimony and daycare you owe to me through September 30, 2005. Any arrearages that occur after September 30, 2005 are not included in this agreement. You are still obligated to pay alimony and child support under the terms of the court order 02-5831 dated November 26, 2003. You agree to pay this child support and alimony in a timely manner to avoid further court action. All other terms and conditions of the court order of November 26, 2003 are still in effect. In addition, I will lend you my Samsung SCL906 camcorder and the tapes of our children for you to copy. You agree to return them to me within a maximum of 30 days of this letter. Please sign below to agree to all terms of this letter. This agreement is not in effect until the above payments are made. I-SiNcerely, 7 e?? Ann CCoutts Ron Cou Date: /0/15-- Subscribed and Sworn to before me this day IME4 CdM 1WEALT. H ?F PENNSYVANIA NOTARIAL SEAL JESSICA A. LUIZ, NoWy Pdit Derry 1wp., Da#* cb?rty MY Omvrhfon Ermines may t8, 2o07 ?.._ - ?; r--? 1. - -n -- _. ---? -;- ? ??. - - - r, ? _-;-3 C:c; '? ?I 6 11. ;UL 9 7 "006 Y RONALD ARTHUR COUTTS, ) Plaintiff ) VS. ) JO ANN E. COUTTS, ) Defendant ) ORDER OF COURT 2006, upon consideration AND NOW this -3A day of .T ? ., of the attached Petition, a hearing is hereby scheduled, to be held before the undesigned in Court Room _L_ of the Cumberland County Courthouse in Carlisle, Pennsylvania, the -7,z?it _day of commencing at.? Oo o'clock P.m. on 2006. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE BY THE COURT, K. Distribution: Ronald Arthur Coutts (Plaintiff) 1205 Limerick Court, Humrnelstown, PA 17036 STel tj for Plaintiff) Scott A. fie, Esquire (Attorney 3800 Market Street, Camp Hill, PA 17011 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 J• ? i.. ^?y '?' ? ?'{ 7 ?/ rCi i'?i:. ?? ? ??``" RONALD ARTHUR COUTTS, Plaintiff Vs. JO ANN E. COUTTS, Defendant Ls. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE Please withdraw the Defendant's Petition to Enforce and for Sanctions, without prejudice. 1 August 2006 Sanff'el L. Andes - Attorney for Defendant Supreme Court ID # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 r-` v _-? _.S. _.., / // ,. t RONALD A. COUTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JO ANN E. COUTTS, Defendant NO. 02-5831 CIVIL TERM IN RE: DEFENDANT'S PETITION TO ENFORCE AND FOR SANCTIONS ORDER OF COURT AND NOW, this 4 h day of August, 2006, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Defendant, and of the Praecipe filed on August 3, 2006, the hearing scheduled in the above matter for August 7, 2006, is cancelled. BY THE COURT, & colt A. Stein, Esq. 3800 Market Street Camp Hill, PA 17011 Attorney for Plaintiff o4amuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc 1 lpp / OW i F, 1,1Nl1p Co AIASV& q lid h- ' 9D?8 t 3i0 WA SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TEL HP Z (717) 761-5361 1 August 2006 The Honorable J. Wesley Oler, Jr. Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa 17013 BE. Coutts vs. Coutts No. 02-5831 Civil Term Dear Judge Oler: FAX (717) 761-1435 You have scheduled a hearing in the above matter, on my client's Petition to Enforce a prior order, for Monday, 7 August 21006. Mr. Coutts has paid the alimony owed which we sought in the petition. Accordingly, I have filed the enclosed Praecipe to withdraw our petition, without prejudice. I write to ask that you cancel the hearing scheduled for Monday. Thank you for your attention to this matter. Sincerely, Sam 4 el L. Andes amh / Enclosure CC: Scott A. Stein, Esquire Mr. Ronald Arthur Coutts Ms. Jo Ann E. Coutts 4601 RONALD ARTHUR COUTTS, Plaintiff vs. JO ANN E. COUTTS FAHRINGER, formerly JO ANN E. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE STIPULATION AND NOW this 2 day of 0 , 2007, the parties in the above matter, with their counsel, agree that th attached order shall be entered to modify the courts prior order, dated 26 November 2003, in this matter. Scott A. Stein Attorney for Plaintiff Sa e . Andtq Attorney for Defendant Ronald Arthur Coutts Jo Al, E. Coutts Fahringer 1 y .f (,y3 V. RONALD ARTHUR COUTTS, Plaintiff VS. JO ANN E. COUTTS FAHRINGER, formerly JO ANN E. COUTTS, Defendant AUG 0 $1D6j 0? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this f4 day of A-01 , 2007, upon the written Stipulation of the parties, we hereby vacate our order of November 26, 2003 and replace it with the following: 1. The Plaintiff Ronald Arthur Coutts (hereinafter "Father") shall pay to the Defendant Jo Ann E. Coutts Fahringer, formerly Jo Ann E. Coutts, (hereinafter "Mother") the sum of $500.00 within fifteen (15) days of the date of this Order. With that payment he will have completed the payments of alimony required by our prior order in this matter and he will be relieved from further obligation to pay alimony to Mother. 2. Within fifteen (15) days of the date of this Order, Father shall pay to Mother the sum of $1,200.00 as child support due to her for the month of February 2007. Thereafter, commencing on March 1, 2007 and continuing each month thereafter until further order of this court or agreement of the parties, Father shall pay Mother the sum of $525.00 per month as child support. Those payments will be due on or before the fifth of each month and shall be paid directly to Mother unless otherwise ordered by this Court. Father shall pay, within fifteen (15) days of the date of this Order, the monthly payments of $525.00 each for the months of March, April, May, and June if those payments have not previously been made. 3. Mother shall be responsible to provide health insurance for the parties' two minor children as long as that health insurance is available to her, at little or no cost, through her employer. Father shall be responsible to pay all health care expenses for the children (which shall be defined to include medical, dental, orthodontic, psychological, psychiatric, and other care and counseling or therapy for the children) not paid by the insurance provided by Mother. Father shall pay these expenses directly to the provider or, if Mother pays any of those expenses, shall reimburse Mother the expenses CC) i LIJ t..JJ d __j LIJ ti- Cl - LL- Lam' C=3. Gd c.i f she paid for such services within fifteen (15) days of the date he receives verification from her of the expense she paid. 4. The parties shall divide the personal exemptions of their children for income tax purposes, if Mother claiming the personal exemption of Samantha Coutts and Father claiming the personal exemption of Victoria Coutts. 5. The parties agree that they shall divide equally the direct costs of all college or other formal post-high school education for their children. Those direct expenses shall include tuition, room, board, books, and other expenses paid directly to the school the children are attending or, if they do not live in housing provided by the school, the actual costs of their apartment or other rooming and board or other food expenses. The payment by the parents shall be after allowance for all grants or other financial aid received by the children, excluding any loans to the children or the parents. The duty to pay the educational costs shall not extend beyond a four year undergraduate degree. BY THE COURT, I ?//' J. Distribution; .,Ott A. Stein, Esquire (Attorney for Plaintiff) 3800 Market Street, Camp Hill, PA 17011 , Za' muel L. Andes, Esquire (Attorney for Defendant) 525 North 121" Street, P.O. Box 168, Lemoyne, PA 17043 FII ? r1C OF TH- pq, 0-j HC%nTARY 2010 MAR -3 PH 1: 02 RONALD ARTHUR COUTTS, THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM JO ANN E. COUTTS FAHRINGER, ) formerly JO ANN E. COUTTS, ) IN DIVORCE Defendant DEFENDANT'S PETITION TO ENFORCE AND NOW comes Jo Ann Fahringer, the Defendant named above, and petitions the court to enforce its order of 9 August 2007, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The Plaintiffs current address is 117 West Areba Avenue in Hershey, Pennsylvania 17033. 3. The Plaintiff and Defendant are formerly husband and wife and are the parents of two minor children. 4. At the time of the parties divorce, they entered into an agreement which provided, inter alia, for the payment of child support and alimony by Plaintiff to Defendant. 5. Following the divorce action, Plaintiff failed to make all payments which he owed Plaintiff under the divorce agreement, in 2007, Defendant brought an action to enforce the terms of that agreement. 6. This Court, by its order dated 9 August 2007, entered by stipulation of the parties, directed Plaintiff to make the following payments to Defendant: A. The sum of $500.00 as alimony to be paid within fifteen (15) days of the date of the order; B. The sum of $1,200.00 for back child support, which payment was to be made within fifteen (15) days of the date of the order; and C. Monthly payments of $525.00 as child support, commencing on 1 March 2007. A copy of the Order of 9 August 2007 is attached hereto and marked as EXHIBIT A. 7. Plaintiff has failed to make the payments required by this court's order of 9 August 2007. At the present time, Plaintiff owes Defendant the following sums: A. $500.00 of alimony pursuant to the order; B. $1,200.00 as back child support pursuant to the order; C. $12,600.00 as back child support for the period from March of 2008 through February 2010. 8. In addition, Plaintiff owes Defendant the sum of $186.96 for a medical bill paid by Defendant which the Plaintiff was to pay. 9. Defendant owes Plaintiff a credit of $2,200.00 for a health insurance reimbursement which she retained. 10. Asa result of the above, Plaintiff owes Defendant the sum of $12,286.96 as of 15 February 2010. 11. Plaintiff, by failing to make the above payments to Defendant, has violated this court's order of 9 August 2007. 12. Defendant has incurred legal fees to enforce her rights under the said order and anticipates additional attorney fees to accomplish Plaintiff's compliance with that order. 13. Prior orders in this matter have been entered by the Honorable J. Wesley Oler. 14. Plaintiff does not concur in the request for relief set out in this Petition. WHEREFORE, Defendant prays this court to order and compel the Plaintiff to make all payments due to Defendant under its order of 9 August 2007 and to award Defendant reasonable attorneys fees for her efforts to enforce the said order. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12 1h Street, P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 S I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Dater Z/-7 ) dLy 0 ANN E. COUTTS FAHRINGER CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the undersigned, herein by regular mail, postage prepaid, addressed as follows: Mr. Ronald Arthur Coutts 117 West Areba Avenue Hershey, Pa 17033 Scott A. Stein, Esquire 3 800 Market Street Camp Hill, PA 17011 Date: ?Vw 7fi, (?/7? 1 Amy Harkins ecretary for Samuel L. Andes EXHIBIT A RONALD ARTHUR COUTTS, Plaintiff VS. JO ANN E. COUTTS FAHRINGER, formerly JO ANN E. COUTTS, Defendant ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE AND NOW, this d 11 A. day of q+k , 2007, upon the written Stipulation of the parties, we -4by vacate our order of November 26, 2003 and replace it with the following: 1. The Plaintiff Ronald Arthur Coutts (hereinafter "Father') shall pay to the Defendant Jo Ann E. Coutts Fahringer, formerly Jo Ann E. Coutts, (hereinafter "Mother') the sum of $500.00 within fifteen (15) days of the date of this Order. With that payment he will have completed the payments of alimony required by our prior order in this matter and he will be relieved from further obligation to pay alimony to Mother. 2. Within fifteen (15) days of the date of this Order, Father shall pay to Mother the sum of $1,200.00 as child support due to her for the month of February 2007. Thereafter, commencing on March 1, 2007 and continuing each month thereafter until further order of this court or agreement of the parties, Father shall pay Mother the sum of $525.00 per month as child support. Those payments will be due on or before the fifth of each month and shall be paid directly to Mother unless otherwise ordered by this Court. Father shall pay, within fifteen (15) days of the date of this Order, the monthly payments of $525.00 each for the months of March, April, May, and June if those payments have not previously been made. 3. Mother shall be responsible to provide health insurance for the parties' two minor children as long as that health insurance Is available to her, at little or no cost, through her employer. Father shall be responsible to pay all health care expenses for the children (which shall be defined to Include medical, dental, orthodontic, psychological, psychiatric, and other care and-counseling or therapy for the children) not paid by the Insurance provided by Mother. Father shall pay these expenses directly to the provider or, if Mother pays any of those expenses, shall reimburse Mother the expenses b ' she paid for such services within fifteen (15) days of the date he receives verification from her of the expense she paid. 4. The parties shall divide the personal exemptions of their children for income tax purposes, if Mother claiming the personal exemption of Samantha Coutts and Father claiming the personal exemption of Victoria Coutts. 5. The parties agree that they shall divide equally the direct costs of all college or other formal post-high school education for their children. Those direct expenses shall include tuition, room, board, books, and other expenses paid directly to the school the children are attending or, if they do not live in housing provided by the school, the actual costs of their apartment or other rooming and board or other food expenses. The payment by the parents shall be after allowance for all grants or other financial aid received by the children, excluding any loans to the children or the parents. The duty to pay the educational costs shall not extend beyond a four year undergraduate degree. BY THE COURT, J. Distribution: Scott A. Stein, Esquire (Attorney for Plaintiff) 3800 Market Street, Camp Hill, PA 17011 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12'" Street, P.O. Box 168, Lemoyne, PA 17043 TRUE COP FAUM k -» y smany whereat, ere unto set my °hane Est. *sSa COAXat Carlisle, Pa,' , •'I RONALD ARTHUR COUTTS, Plaintiff VS. JO ANN E. COUTTS WRINGER, formerly JO ANN E. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE STIPULATION AND NOW this 2 day of C) 2007, the parties in the above matter, with their counsel, agree that the ttached order shall be entered to modify the court's prior order, dated 26 November 2003, In this matter. - - 1'06? "'-4b Sco A. Stein Attorney for Plaintiff 5.phuel L. Andes At torney for Defendant onald Arthur Coutts Jo A Coutts Fahringer MAR 0 a 20 10 RONALD ARTHUR COUTTS, Plaintiff VS. JO ANN E. COUTTS FAHRINGER, formerly JO ANN E. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this tL day of 2010, upon consideration of the attached Petition, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. / of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at o'clock -4-.m. on the ?99WL, day of 2010. BY THE COURT, Distribution: Scott A. Stein, Esquire (Attorney for Plaintiff) 3 800 Market Street, Camp Hill, PA 17011 . Ronald Arthur Coutts (Plaintiff) 117 West Areba Avenue, Hershey, PA 17033 ,,,--`§'amuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, P.O. Box 168, Lemoyne, Pa 17043 3 s-f ?a rm?ILC n C_- I0 N G b w ?J `T1 n- :a T __ -;, t - RONALD ARTHUR COUTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 02-5831 CIVIL TERM ~ ~ ~% ~, ~'~ JO ANN E. COUTTS FAHRINGER, ~..,`~;~ _~4 .J formerly JO ANN E. COUTTS, ~'~° =~ ,~~:?= Defendant IN DIVORCE --r~ _. ~ - IN RE: PETITION TO ENFORCE ~~~ ~ 's-; ~t:_ ~? ~. ORDER OF COURT ;K~ ~,. =r~ r.~ ~ AND NOW, this 28th day of April, 2010, upon consideration of Defendant's Petition To Enforce, and pursuant to an agreement reached between and among Plaintiff representing himself and Defendant and her counsel, Samuel L. Andes, Esquire, it is ordered and directed as follows: 1. The Plaintiff, Ronald Arthur Coutts, shall pay to the Defendant, Jo Ann E. Coutts Fahringer, the sum of $12,041.92. That sum includes the back alimony, the back child support, and the other child support required by our order of August 9, 2007, plus an unpaid medical bill of $186.96, less a credit due the Plaintiff for moneys the Defendant received from a health insurance policy, which she applied to the support payments he owed. It also includes an award of attorneys fees to the Defendant's counsel in the amount of $975. 2. The Prothonotary of Cumberland County is directed to enter a judgment against the Plaintiff in the amount of $12,041.92 upon receipt of a copy of this order. By the Court, } Ronald Arthur Coutts. 117 West Areba Avenue Hershey, PA 17033 Plaintiff, pro se Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 For Defendant mae 1..:0 t ~E.~ vYLa.t 14.~~ s~co ~ lC~ ~~ T~ c Zfl10 ~i~'i C w ~~ i0~ ~5 ~1=~~~v;YL~1.~~',I RCaNALD ARTHUR COUTTS, ) Plaintiff 1 vs. JO ANN E. COUTTS FAHRINGER, formerly JO ANN E. COUTTS, Defendant ~ TO THE PROTHONOTARY: a PRAECIPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-5831 CIVIL TERM IN DIVORCE Please enter judgment in the above matter against the Plaintiff, Ronald Arthur Coutts and in favor of the Defendant, Jo Ann E. Coutts Fahringer, for $12,041.92, in accordance with the Order of this Court dated 28 Apri12010. Date: /4-- M~.~ ~ \ ~ Samuel L. Andes, Esquire Attorney for Defendant Supreme Court ID # 17225 525 North 12t'' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 ~~ ~c~~~ ~~~ ~~~ ,~~~ ~'~~ ~s~ ~ ~~~~ ~~