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HomeMy WebLinkAbout97-03301 . '" ~ -.... ... .~ - ') ; .:~.- ;':;: ~~' ";~ ^ ,~ .~ . ~ () x ~ <:I ~ i, "~,;'1i' .~,,1J...__. " '.i~~f:ft: -~;: ."~. . ;~ . .",- ....... \;:) ~ ,} <<) ~ \J'- , ~. , - ~ ~ , .-..;. -:+:. .:+:. .:+:. .:+:. .:.:- .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. -:.:. .:.:- -:.:. .:+:. -:+:- -:+:. -:.:. .:+:. :. -:.:.>:+:.; '.:+:. ':+:'.-:+:' .:+:. .:.-.- <.....".~.........~~ ;', '~~.....-------------.-.........----,-....---............---- ,---~_...........-..-..------~---,,--...-..-~-,-,,--~-~... ,,--~---_.......~.-...-.....-...... . .. ..... .. -'. ~ -~ . ~ ~ ,.. ~ ~,. IN THE COURT OF COMMON PLEAS ~\ ','I ~ ~ OF CUMBERLAND ~ STATE OF ~~~ -~"~;r PENNA. COUNTY ~ ~I ~ * i\ (I. 3301 Civil.. 1<) 97 ~ Kristin L. Dixon ~. ~ ~ \'\'I":'d!." Jeffrey A. Dixon ~ , ~ ~ DECREE IN DIVORCE . SI,I h . , ,~ . . . . . . . . '. 19'11.,. it is ordered and ". l ..' ~I . ) ~) .,,) ~{ AND NOW, . .... .. ~ decreed that., j{r.~!>t,i.n . ~... .lHxo.n .. . .. ,. , .,. , . .. "".,. .. "" plaintiff, ond ..,.,.,... Jeffr.ey. A... .Dixon, . . . . . . ,. ". . . . . ",. ,. . " defendant, are divorced from the bonds of matrimony, ~ ~ ',' ~ ~ ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; N/A ~ ~ * 1:l)e ~.rHt.e.n . Marriage . Set.tlement. Agr:,?em.ent, .e,xeC~t~9. P,y. ,tP,e, . , , parties is attached hereto and incorporated into this Decree . . .for. enforcement .purposes only .pursuant. ,to, Sec:tion. 31.05, 0.[. ., , the Pennsylvania Divorce Code. ~ $ ~ " ell! ~ It \' T h t' .C n u r :, J LL'\.-;J / ^t1I.'t'/ (l, ~ ~ .;, ~ Prothonotary ~ ~ :> ',:.:- .~:- .:.:- " ;. J. s ~ * ~ ~ <. ~ I.~ $ $ ~ '.' $ ~ ... s ~ '.' ~ ~~ * ~ '.' ~ ',' ~ ( . ~ ~ ~ ',' s 'S ~ ~ ,~ , ' (~ ;." '~ ~ ;~ . , ~~ '~ ~ ~ ~ ~ .'~"~"~"1"~~-~'~"~-'~'~"~'~'~"~"~"~~:"~'~'* ~ r~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of (1-",\,-" - , 1999, by and between KR/STlN L, D/XON ("WIFE") of 1150 plte~~urg Road, Boiling Springs, Pennsylvania, 17001 and JEFFREY A. D/XON ("HUSBAND") of 15 Big Spring Terrace, Newville, Pennsylvania, 17241 WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on January 23, 1993, in Cumberland County. There was one child born of this marriage: Wiatt Dixon (DOB 06/12/96). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1, INCORPORATION OF PREAMBLE, The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. . 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBANO and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not Intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no.fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 3301 Civil 1997. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce, 3, EFFECT OF DIVORCE DECREE, The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 4, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them, 5, NON.MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance, Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 2 ,\. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. The transfer of property, funds andlor documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein, 8, ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Charles Rector, Esquire, and to HUSBAND by his counsel, Ruby Weeks, Esquire. The parties acknowledge that they have been advised of the right to receive independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS, Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise, Both parties understand that they have the right to have a court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the 3 " Agreement Is not the result of any fraud, duress, or undue Influence exercised by either party upon the other or by any other person or persons upon either party, Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property Identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property, f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses, 10. PERSONAL PROPERTY, The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited it, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property, Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph, 11. AFTER.ACQUIRED PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, with full 4 " power In him or her to dispose or the same as fully and effectively, In all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim In and to said after acquired property of the other party pursuant to the terms of this paragraph, 12. DIVISION OF VEHICLES, With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade In thereof, they agree as follows: HUSBAND waives all right, title and interest he may have in the 1996 Toyota Four Runner to WIFE. WIFE shall assume full responsibility for payment of the vehicle loan related thereto and shall indemnify and hold harmless HUSBAND from payment of same now and in the future. WIFE waives all right, tiUe and interest she may have in the 1993 Ford Mustang to HUSBAND and HUSBAND shall assume full responsibility for the outstanding loan on said vehicle and shall indemnify and hold WIFE harmless from payment of same, WIFE further waives all right, title and interest she may have in the modular double-wide mobile home and agrees to transfer tiUe to said mobile home to HUSBAND who shall assume full responsibility for the monthly payment due and owing to Nations Credit and HUSBAND shall indemnify and hold WIFE harmless from payment of same. The tiUes or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed tiUes/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "tiUe" shall be deemed to include "power of attorney' if the tiUe or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness, Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and 5 I. Interest he or she may have In the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 13. EACH PARTY RETAINS OWN PENSION PLANS, Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, tille, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401.K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 14, DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, tille, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof, 15. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify. protect and save the other party harmless therefrom. 6 , A liability not disclosed in this Agreement will be the sole responsibility of the party who has Incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, Each party agrees to Indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph, From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party Is Individually liable and the parties agree to cooperate In closing any remaining accounts which provide for joint liability. 16. WAIVER OF INHERITANCE, Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, titie, interest or claim, if any, either party may have in and to any Inheritance of any kind or nature whatsoever previously or in the future received by the other party. 17, WIFE'S DEBTS, WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or Incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason or obligations incurred by her, 18. HUSBAND'S DEBTS, HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or Incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible, HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7 19. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligalions contained herein, In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination the same as if this Agreement had never been entered into. 20. SOCIAL SECURITY BENEFITS, The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a part to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 21. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division, 8 " " . 23, WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. MAINTENANCE AND COSTS, The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs, 24. PERSONAL RIGHTS, HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restra;nt, Interference or authority, direct or Indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carr; on and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 25. MUTUAL RELEASES, HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, 9 " . . alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relalion or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the Intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 26, WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27, MUTUAL COOPERATION, Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. AGREEMENT BINDING ON HEIRS, This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29, lliTEGRATION, This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressiy set forth herein, 30, OTHER DOCUMENTATION, WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as 10 .' '. their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 31, NO WAIVER OF DEFAULT, This Agreement shall remain In full force and effect unless and until tennlnated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall In no way affect the right to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 32. BREACH. If for any reason either HUSBAND or WIFE falls to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the altemative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party, (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance, (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action, (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa,C,S,A, 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; 11 '. (3) the transfer and sale of any property required to obtain compliailce with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be In contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 33, SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 34, LAW OF PENNSYLVANIA APPLICABLE, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 35, HEADINGS NOT PART OF AGREEMENT, Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 12 I '. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above wri WITNESS: ~..~e~ ~#~ J r y . Dixon 13 >. c. f~: n- lr. ., ,~ Ulf"? <:) .- .;..;.(", l'. " '.- ". U~ " ' , a Co:, '" <'. E.!' : . , i- 0 , lo' u. .... .., v '" u ...... .~ 1 i i ...; . 1 0, ~! ~ ij"S J r, 'J 10 - .~ ~ c:;;: ~ .;) t~\ " <. \n <;, ... It') lrj y." \." r- --s\ j" -- In ~ '~ t'- ... (;- In n '" o '-1 $.1\ j~ I1IlLiD 0:: N __ - WO C':' :l I: I' _ C1 - <0 II. en 5l ~ ~ 0111 w'Z I' . .. - 111 0:: ::J:lt UO~~X ii:t~zit II. 111 0 ~_ 00:: 00.- :> 0.0 ~Hl ~~~ .J .J 0: J: iD 0:: w 0. I' < ... ~- :x: <! ~ t: U - I' - - KRISTIN L. DIXON, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97-3301 CIVIL TERM : CIVIL ACTION. LAW : IN DIVORCE JEFFREY A. DIXON, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so. the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property of other rights important to you, including the custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 AND NOW, this _ day of , 1997, in consideration of the KRISTIN L. DIXON, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97. 3301 CIVIL TERM JEFFREY A. DIXON, Defendant : CIVIL ACTION. LAW : IN DIVORCE ORDER OF COURT attached complaint, it is hereby directed that the parties and their respective counsel appear before a custody conciliator, on the 4th floor of the Cumberland County Courthouse, on the _ day of ,1997, at m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle. PA 17013 (717) 240-6200 Count I . Divorce 7. The allegations of Paragraphs 1 through 6 are Incorporated herein by reference and made a part thereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. In the alternative, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count II . Equitable DIstribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointiy or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III . Spousal Support andlor Alimony Pendent Ute and Permanent Alimony 13. The allegations in Paragraph 1 through 12 are incorporated herein by reference and made a part hereof. 14. Plaintiff is unable to sustain herself during the course of this litigation. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 16. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support and/or alimony oendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code, Count IV- Counsel Fees. Expenses and Costs of Suit 17. The allegations of Paragraphs 1 through 16 are incorporated herein by reference and made a part hereof, 18, Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 19. Plaintiff has incurred and will incur costs and expenses In prosecuting this action. 20. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitied In this case. 21. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Count V . Custody 22. The allegations of Paragraphs 1 through 21 are incorporated herein by reference and made a part hereof. 23. Plaintiff is seeking primary physical custody of the minor child: Wiatt Dixon, who was born on June 12, 1993. The child was not born out of wedlock. The child is presentiy in the custody of Kristin Dixon, who resides at 202 Oak Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: a. 15 Big Spring Terrace, Newville, Pennsylvania, with his mother and father. b. 202 Oak Drive, Mt. Holly Springs, Pennsylvania, with his mother, and matemal grandparents, 24. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Sandra Russell Mother Bill Russell Step-Father Wiatt Dixon Son 25. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: N/A 26. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. , ... KRISTIN L. DIXON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3301 CIVIL 1997 : CIVIL ACTION. LAW : IN DIVORCE V. JEFFREY A. DIXON, Defendant PREACIPE TO WITHDRAW RELATED CLAIM TO THE PROTHONOTARY: Please withdraw the Plaintiffs claims for equitable distribution, spousal support and/or alimony pendente lite, permanent alimony, and counsel fees, expenses and costs of suit in the above-captioned matter. RESPECTFULLY SUBMITTED, I , _' ---\ 0,1, U;iV)61!:<'rkl/ ' Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attomey for the Plaintiff Date: 06/29/99 .f 0 J .' 1 :r 'r j f. ,~ d 8 c,- o 0 fJ \i1 U .~ 1 .AJ c , c6 J "il ~ -Z S )() "- C). -< , :$ 0)' L.: j )i (: /) -9 (; --r ')i r", ("'0" '-0 g:. j cJ U 0:'" 0__ uj N-IO wo- o:: "N -1--, II. :l ~.. u; o C1 .z!:: 111 ~ ~~~ U z>-_ iLli~U)X II. 0 ..z~ otg~~ :> 111 0": 0 ~;>, 0:: :::1- Z-'I' III a:J:u; W wo..t'- oJ ... ~- 0:: <l.. ~ < But :t- U .. .",- . KRISTIN L. DIXON, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. No. 3301 Civil 1997 JEFFREY A. DIXON, Defendant . : CIVIL ACTION. LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS I, Kristin L. Dixon, being duly swom according to law, deposes and says: 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June 20, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the time of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4, I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. . h , J '.. , , -, -, ", , , ) c. J U 0:'" .~-- 111 we:!! 0:: I-"N 11.:5 ~ <~ o C1 . z!:: 111 en ~ ~!:: u 111 z'-''' - o::"w>-;( II. > Ul 0( II. 00( Z", Ol-c~, ~ U 0.._ 111 0 .0 <0:: :::1q; .Jen~iu; 111 wo." ...I "'~F: 0::" 0(- <( 2ut: :t- U . ~ , . . ....,;.. ~lJ(j \ ~ \997 KRISTIN L. DIXON, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . JEFFREY A. DIXON, Defendant :NO: 3301 CIVIL 1997 : IN CUSTODY COURT ORDER AND NOW, this I" tl. day of August, 1997, upon consideration of the attached Custo~ciliation Report, it is ordered and directed as follows: 1. The Father, Jeffrey A. Dixon, and the Mother, Kristin L. Dixon, shall enjoy shared legal custody of Wiatt L. Dixon, born June 12, 1993. 2. Physical custody of the minor child shall be handled as follows: A. The Father shall have physical custody of the minor child at the following times: (1) Every Monday from 2:15 p.m. until 9:00 p.m. (2) Every Thursday from 2:15 p.m. until Friday morning ~ at 5:00 a.m. (3) Every Saturday from 7:30 a.m. until Sunday at noon. (4) At such other times as agreed upon by the parties. B. The Mother shall have physical custody of the minor child at all of those times that the child is not with the Father under the schedule set forth above. 3. The parties shall have the opportunity to have a summer vacation with the child which may be for a period of ten days which will be consecutive. The parties shall notify the other parent as soon as possible with respect to scheduling this vacation but at least no less than 30 days from when they intend to exercise the vacation. 4. The parties may modified this Order as they may agree. However, if there is no agreement on any modification, this Order shall control. I' '-I L " '. U 0:'" o ll.iN=iii 0:: w 0_ I-"N 11.:5 ~~~ o C1 . z!:: 111 III ~ 0( to- U 111 z:'ir: - 0::" w >-;( II. > U) <( II. 0 o(z", 0'" c~, :> U 0..- ;>, 111 0 0 < 0:: ::~i9 .J III ~ I iii 111 W.." ...I"-IR 0::" 0(- < 2Ut: :t- U - - ~LrQ.:QfFICE Oi' "", "\ ,oI..n"'OT'FlY . '....<11 l,l'J 98 SfP I 7 Mi 10: 55 CUlv't1t;ii.A':O COUiJiY PENNSYlv,W!A I ~?~.f~ &01 ~ /Jl~-~ -d;4 ~ :./?~ ~ ~d' z: 1/':' 9/).9E ~~.:..... 7-I'~7 T-4. 5. The best interests and permanent welfare of the child will be served by a modification of the Court's Order by granting Plaintiff primary physical custody. 6. Defendant consistently, and against the advice of the minor child's pediatrician, smokes in the presence of the child which causes severe ongoing asthma attacks which most recently last approximately three weeks and which resulted in the partial collapse of one of the minor child's lungs. The minor child is currently under the care of Deborah Raubenstine, M.D, and is taking prescription steroids and inhalant medication. 7. Defendant continues to deny the significance and health risks of smoking in the presence of the minor child despite the pediatrician's written admonitions (see Exhibit "B" attached). 8. The child is now five years of age and a consistent environment during the> school week with Plaintiff with alternating weekends with Defendant would be most appropriate. The minor child currently attends Bethel Christian Academy. 9. The Defendant has. on several occasions, threatened to kill Plaintiff if she proceeds with a Petition for Primary Custody. Despite this fact, Plaintiff believes that the current circumstances are sufficiently significant to constitute a change of circumstances despite Defendant's threatening behavior. ~Ub 19 1997 KRISTIN L. DIXON, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW : JEFFREY A. DIXON, Defendant :NO: 3301 CIVIL 1997 :IN CUSTODY COURT ORDER AND NOW, this iCJiJ... day of August, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jeffrey A. Dixon, and the Mother, Kristin L. Dixon, shall enjoy shared legal custody of Wiatt L. Dixon, born June 12, 1993. 2. Physical custody of the minor child shall be handled as follows: A. The Father shall have physical custody of the minor child at the following times: (1) Every Monday from 2:15 p.m. until 9:00 p.m. (2) Every Thursday from 2:15 p.m. until Friday morning at 5:00 a.m. (3) Every Saturday from 7:30 a.m. until Sunday at noon. (4) At such other times as agreed upon by the parties. B. The Mother shall have physical custody of the minor child at all of those times that the child is not with the Father under the schedule set forth above. 3. The parties shall have the opportunity to have a summer vacation with the child which may be for a period of ten days which will be consecutive. The parties shall notify the other parent as soon as possible with respect to scheduling this vacation but at least no less than 30 days from when they intend to exercise the vacation. 4. The part~es may modified this Order as they may agree. However, if there is no agreement on any modification, this Order shall control. -.,.c..... --T<.nl:':"~~~ .....,.--.. , ,:"}..t.k:;~T ; , ~ .l\ \; 0: '.~' KRISTIN L. DIXON, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : V :CIVIL ACTION - LAW JEFFREY A. DIXON, Defendant . . :NO: 3301 CIVIL 1997 :IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-S(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Wiatt L. Dixon, born June 12, 1993. 2. A Conciliation Conference was held on August 14, 1997, with the following individuals in attendance: The Father, Jeffrey A. Dixon, who appeared without counsel and the Mother, Kristin L. Dixon, who appeared with her counsel, Charles Rector, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. g I LEI q7 DATE ADDRESS AGE_ DATE 9~ 5'-'1 fj CARLISLE PEDIATRIC ASSOCtATES HOU.Y BAUER. u.o. ltC.' MO D34072.E s.J. KREBS. u.o. Lie.' MO-OI7l0&.E uao RQSARKJ, JR... u.o. Lie.' MO.()311751.E OEDOfWI RAUDENS'TlNE. M.D. LIe.' M[)..Q42178-\. J. l~ ttOfFUAN.lI.D. Lie.' M[)..(l23787.E 804 BELVEDERE STREET CARLISLE, PA 17013 (711)243.1g43 OFF.cE HOURS; BY APPOINTMENT ONLY NAME _I ,J. c.. tic (1); ).,(N\ DEAl DEAl DEAl OF-AI DEA' ~ W;c..~ is hCfV:(\j 4V'\ o..S~v'l'\a.\-Il 0.. mck ~ Vh~., Nor J~ be 0fVWY\2 c;5o..'t:~ sY'r\o't;::: eJen j y\ a.. 1--.01..&<. wkere;;:::;1Yhol:.:^ REFILL _ TIMES ' \, I ' o lABEL I S riJ C<.. CA , fUVI""\. 5"Yhulc.;(\j Lv\..QQ ,ni?Jb" 1,1... SUBSTITUTION PERMISSIBLE r - -""<J IN ORDER FOR A BRAND NAME PRODUCT TO BE DISPENSED, THE PRESCRIBER MUST HAND WRITE "BRAND NECESSARY" OR "BRAND MEDiCALlY NECESSARY" IN \HE SPACE BElOW mo.kR. ~; YV\ At- hUS~;'2t' ,C o (' i 5 \.+,A)wJ dw.., 8BPE5080759 ~~C o.j"'-t'>\o..iJ(,. Ci...(;jyc1c..~/J. ~ 4, D'I"","",<:O~ !/ 'b KRISTIN I.. DIXON. Plainti 11' IN TIlE COURT OF COMMON PLEAS 01' CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LA W JEFFERY A. DIXON. Defendant NO. 97 - 3301 CIVIL IN CUSTODY COURT ORDER AND NOW. this ..,)L day of _~ , ,,( j"../ . 1998. upon consideration allached Custody Conciliation Report. it is ordered and directed as follows: of the I. The parties shall submit to a custody evaluation to be perfonned by Dr. Arnold Seheinvold. Both parties shall cooperate in the evaluation and also ensure that the minor child. and any other individuals Dr. Sheinvold deems appropriate, cooperate in the evaluation. Costs of the evaluation shall be paid by the Mother. However, the evaluation shall be an independent evaluation and the results of the evaluation shall be shared with legal counsel for both parties. Mother reserves the right to file with the Court the appropriate petition to request that Father pay a portion of the cost of the evaluation if Mother fecls such a petition is appropriate. Upon the conclusion of the evaluation and in the event the parties arc unable to reach an agreement on a permanent order, either party may petition to have the case again scheduled for a conference with the Conciliator. 2. Pending further order of this Court. this Court's prior order of August 19th shall remain in ellcet with the following provisions: A. For the Thanksgiving 1998 holiday, Mother shall have the minor child during the day until 4:00 p.m. and Father shall have custody Ii-om 4:00 p.m. until 9:00 p.m. on Thanksgiving Day. B. For the Christmas holiday. Father shall have custody of the minor child on Christmas Eve from 9:00 a.m. until 9:00 p.m. Mother shall have the child from Christmas Eve at 9:00 p.m. through Christmas Day. C. The child shall continue allending Rice Elementary School unless agreed otherwise by both parties. . , r~: "'....".,.. \;', j'J '\,' 'I: d_ .,' c:. '..., .1 ;~ III a r:!..~ sf . o ~.. ~"'~ ~ ~ ta 00\ ..:I "'..... I~' !: ... .. ..:c........ ... ... Q i l:l" I ~ ... Q ... ~.(~ u 'j ~~! g ..:I o:l G 0( ;=Ptc;' ':l > ~ ... .. ... "' i!; .! o:i;~~ B .. .... 00 ClI .. ~ T ClI "' ~o'" ... a ~ ~"'8 I ... 8 u 0 '" a '" . :r; ... . !~ " KRISTIN L. DIXON, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 3301 CIVIL 1997 JEFFREY A. DIXON, Defendant CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S RESPONSE TO PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes the Defendant, Jeffrey A. Dixon, by and through his attorney, Ruby D. Weeks, Esquire, and files a Response to Plaintiffs Petition to ModifY Order of Custody, and in support thereof, avers the following: 1. Plaintiff is Kristin L. Dixon, mother, who currently resides at 1150 Petersburg Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Jeffrey A, Dixon, father, who currently resides at 15 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 3. The parties hereto are the parents of Wiatt L. Dixon, born June 12, 1993. 4. Admitted, It is further admitted that the Honorable J. Wesley Oler, Jr. on November 30, 1998 entered an Order which is attached hereto and made a part hereof as though fully set forth herein. 5, Denied, Rather, best interests and welfare of the child are best served by a modified joint custody agreement between the parents. 6, Admitted in part and denied in part. It is admitted the child is under the care of Deborah Raubenstine, M.D, and takes prescription steroids and inhalant medication. The rest of paragraph six is denied, Rather, since father was made aware of his minor child's asthma condition, the father has not smoked in the presence of the child, The child's last asthma attack of which father was made aware happened September 4, 1998 while the child was under the mother's care. The attack lasted only two days, not three weeks. The father rarely has the opportunity to help treat the child's asthma because the mother does not send his inhalers approximately 85% of the time. 7. Denied, Rather, the father acknowledges the health risks smoking poses to the child's asthma and has consulted with the child's physician. He does not smoke in the presence of the child and does not allow others to do so, The father was not given the written admonition by the child's physician. Further, the father purchased and installed in his home two HEP A filters to prevent any agitation to the child's condition, the father feels that molds and other conditions in the mother's home exacerbate the child's asthma. 8. Denied, It is admitted the child is 5 years old. It is denied he attends Bethel Christian Academy. After two (2) weeks attending there the mother unilaterally withdrew him and enrolled him at Rice Elementary School in the South Middleton School District in the p,m. Kindergarten, Further, the father wants what is best for the child, The mother currently works Monday and Thursday evenings when the child is in the fathers care, the father has provided the child care on these days, 9. Admitted in part and denied in part. The father concedes that on one occasion he did, in a fit of anger upon learning Plaintiff had left and taken the child, threatening the father would never see the child again, threaten to kill the mother. Nevertheless, he made the statement out of utter frustration with the mother, he never intended on acting on the statement and has never acted on such, nor does he intend too. He regrets having made the statement, The father has never threatened or hanned the child in any way. NEW MA TIER 10. Paragraphs I through 9 are hereby incorporated and made a pan hereof as though fully set fonh herein. II. The father contends that the Mother refuses to advise him of major aspects of the minor child's life. The father desires to have input in the child's schooling, Currently, the mother has instructed the school only she may pick up the child and hence, the father has no ability to pick up the child from school when he is to get him" nor was he made aware of the change in the child's school until several days after it occurred, The father also requests to be kept abreast of the minor child's medical condition, including, but not limited to, requiring the mother to deliver the minor child's inhalers during his time with the father which the mother refuses to do. The father feels a full allergy workup to determine the child's asthma triggers would be helpful, but mother has been of no cooperation in arranging this, 12. the minor child's maternal grandmother has an alcohol problem and should not be a care giver for the child as the panies in the past had agreed. The father seeks joint shared custody and would have the paternal grandmother provide babysitting of the minor child as she does now by agreement of the panies, In the alternative the father requests ajoint decision on day care facilities be made by the parents. 13. The father believes that the interests of the minor child will best be served by a modified joint custody arrangement composed of the following: (a) Due to the Plaintiffs and Defendant's work schedules, an alternating week plan: Week 1: Defendant to have custody after school Wednesday through Saturday evening at 8:00 p.m, Plaintiff to have custody of the child the remainder of the week, Week 2: Defendant to have custody Monday from 2:15 p,m, to 8:00 p,m, on Wednesday after school to 8:00 p.m. Thursday and on Friday after school through Sunday at noon. Plaintiff has custody of the child the remainder of the week. (b) (1) The Father to have custody on Father's Day from 9:00 a.m. until 6:00 p.m" on the father's birthday, and on the child's birthday with times to be arranged by the parties so as not to conflict with the child's school schedule. (b) (2) The mother is to have custody on Mother's Day from 9:00 a,m. until 6:00 p,m. and on her birthday and on the child's birthday, times to be arranged by the parties so as not to conflict with the child's school schedule, (c) The father to have custody of the minor child on Easter Sunday from 9:00 a,m. until 8:00 p.m,; on July 4, depending upon his work schedule from 9:00 a.m. until 8:00 p.m.; on Thanksgiving from 4:00 p,m. until 9:00 p,m, and Christmas Eve from 2:30 p,m. until II :00 p,m, Defendant requests alternating custody on Halloween, (d) Each parent to have up to 14 vacation days each year with the child, not necessarily to be taken consecutively, but a minimum of 30 days advance notice shall be given before either parent exercises this option. r.', , ... .") I I " , : . , I .; , " -< " Il , . U O:M 0__ uI N - 10 WO- o:: "N 1--, 11.:5 ~",iii o C1 .z!:: en W 0(" ~ 111 ~:lE ii:li~~x II. 0 '" z i1: O~o~' ~ 111 g~~ '( 0:: ~:!'l' .J III a: J: iii I1IWo." .J "- ~- 0:: '" "'(: 0( 5! ut :t- U 12. Denied. It is denied that the child's maternal grandmother has an elcohol problem and proof thereof Is demanded. The remaining averments of Paragraph 12 constitute a serious of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, it Is denied that a joint shared custody arrangement is appropriate under the circumstances. Rather, Plaintiff believes, and therefore avers, that Plaintiffs primary custody of the minor child will provide the most stable emotional environment for the child. 13. Denied. Paragraph 13 and the schedules contained therein constitute a series of legal conclusions which require no answer and are deemed denied. By way of further answer, Plaintiff believes that the best interest of the minor child are contemplated by her having primary physical custody. The child's need for stability, both physical and mental, warrants the award of primary physical custody to Plaintiff in this case. RESPECTFULLY SUBMITTED, Date:~ QnL~,~fe.!~ Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the /.3"\ay of January, 1999. I caused a true and correct copy of the within Answer to Defendant's New Matter to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill. Pennsylvania: Rudy D. Weeks, Esquire 10 West High Street Carlisle, PA 17013-2955 Date:~ By: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 ;~. ..:;;. ;~: i>: 0 I-< Eo< ~ 00 I-< Eo< ..< '" III 01-< ~ M III "'~ ~ O:Eo<'" I-<M'" &l.:l o , .:l><~ ~ Z ~ g~:::'lI' Ilo"'j .:l i>: ~ WE-tocn 0 "'"", sffi, I-< >< H ., .. b: rot rot > I-< '" Q ~ ~Ilo I-< Q '" ~ M "'Cl ' >< II ... 'tl 0: ~H<~ o . i>: Q ., ..; ~ Cl ra1:X:""N ll~~ 0 .:l ~ .. ~ ..; fi1Eo< ' E-< > .. t ... >< .. Cl '" ." '" i>: ~ ~ B ... M i>: . fi1 M... 00< " I-< 0: '" Q .:l" '" Eo< 00 I-< .. ffi '" ~i~ '" '" .. ><01-< ... H ~ ~...~ , 0: o > ... l<: 0: < II tl 0 00 l"I MM l"I ~ :~ .. >< Q 0 Eo< '" B " l ~ , l I. KRISTIN L. DIXON, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 3301 CIVIL 1997 JEFFREY A. DIXON, Defendant CIVIL ACTION. LA W IN CUSTODY ORDER OF COURT AND NOW, this d~ay of ~C:l . 19-L-, upon agreement of the 15 cJ:L(') parties, the attached Custody Stipulation and Agreement is made an Order of Court. BY THE COURT, Ruby D. Weeks, Esquire For Defendant ~,"~l(( /1),1<;''1, "J,,-r'. Charles Rector, Esquire For Plaintiff , J. A.l.a. The parties agree that effective at 3:30 p.m. each Monday and Thursday, while school is in session, the father will pick up the child at the bus stop or at school and rctum the child to the other parent at 7:00 p.m" when the mothers' boyfriend will care for the child until she gets home from work at approximately 9:00 p.m, b.( I) During the summer months the father will return the child to the mother's house at 8:00 p.m. each Monday and Thursday, where the mother's boyfriend will care for the ehild until the mother gets home from work at approximately 9:00 p.m. On eaeh Saturday, the mother will bring the child to the father's house no later than 7:30 a.m., where the child will stay until Sunday at 4:00 p.m" when the mother picks the child up at the father's house. b.(2) Except that, the mother shall have the child the second Saturday of each month during the school year. The father shall have the child the Friday preceding the second Saturday of each month from 3:30 p.m. Friday until 9:00 a.m. Saturday or until the mother can personally pick up the child from the father. c. During the summer months when the child is not in school, the father will keep the child from 7:30 a.m. each Saturday until 5:00 p.m. each Sunday, when the mother picks the child up at the father's house. A.2. (A) The parents agree that they will split all holidays between the two of them. Ifan agreement can not be made as to times. the times in A.I will have precedence over all holidays exccpt for Christmas, (B) The Fathcr shall havc the child on Christmas Eve from 9:00 a.m., depending on his work schcdule, until 10:00 p,m. rctuming the child to the mother at this time. The mother shall have the child from 10:00 p.m, Christmas Eve and all day on Christmas Day, unlcss Christmas Day falls on a Saturday or Sunday. In this event, the fathcr shall have the child on Christmas Day from 5:00 p,m. until 9:00 p.m, A.3. (A) The parents shall notify each other in a timely fashion, if it is necessary, due to an emergency or unforscen circumstance for him or her to be delayed at any of the times set out herein. II is intended, however, that time is of the essence, and that the parents as strictly as possible comply with the times set forth herein. (B) The parents agree that the father's mother, Shirley Dixon, will provide childcare for the child, if childcare is needed, before and afler school and during the summer. The mother may not have another ehildeare provider for the child unless it is agreed upon by both parties. (C) The parents agree that they will: 1. Each notify the other parent when the child is away from the child's primary residence for more than two consecutive nights and will provide an address and phone number where the child can be reached. 2. The parents shall promptly provide to each other the name and address of any school the child is enrolled in and the name of his teachers and leaders for any activity in which the child is involved and keep each other advised of any changes or concerns of the child. 3. Eaeh give the other parent first option of caring for the child if the in custody parent is unable to do so for more than two (2) hours. This does not include the times set forth in paragraphs A.1. A. The parties will notify and consult with the other party immediately in cases of medieal emergencies that occur while the child is in their custody. B. Both parties agree to assure the child attend activities scheduled for the child during their periods of shared custody, such as but notlimitcd to school events, activitics and outings, swimming and othcr such Icssons, birthday and othcr parties to which the child is invited by friends. The parties agree to keep each other timely advised as to these events and activities. C. Neither parcnt shall do anything which may cstrange the child from the othcr parent, or which may hamper thc frce and natural devclopment ofthc child's lovc or affection for thc other parent or their spouses. D. Both parties acknowlcdgc that it is in the best intercsts of the child to have rcasonable and libcral contact with both parcnts so as to maintain a nonnal parent- child relationship with both parcnts. E. The parties agrce that in making this Agreement, therc has ben no fraud, conccalment, overreaching, coercion, or other unfair dealing on thc part of the othcr. F. Any modification or waiver of any of the provisions of this Agreemcnt shall bc cffectivc only ifmadc in writing and only if cxecutcd with thc samc fonnality as this Agrccmcnt. G. The parties agree that thc mothcr brought this issuc to the court through her attorney and therefore suggested physiological evaluations arc ordered from the court at her expense. Once the evaluations started, she had a change of mind. She confronted the father stating that she wanted to stop the physiological evaluations and the attorneys and agree on custody arrangements and such amongst themselves. The parties havc come to an agreemcnt under the condition that if the mother decides to change her mind again, wanting to go through attorneys to come to an agreement on something and physiological evaluations arc suggestcd again, that the mother will pay the fec for the physiological evaluations and the same doctor be used, which is Dr. Sheinvold. H. The parties agrec they shall consult each other regarding any elective medical, dental or vision procedures which it may be necessary for the child !o undergo, and that each is entitled to receive copies of and to consult with teachers. physicians, or any other person involved in caring for, educating, treating or consulting with the child. Neither parent may prevent the other from sueh access to infonnation about the child. I. The parties agree the Father who has health insurancc coverage through his employer, shall provide health insurance coverage for the child only as he does so at this time. J. Neither party shall be permiUed to change the child's dental, vision or primary care physicians' unless agreed upon by both parents. K. The parties agree that each one is permitted to spend fourteen (14) vacation days with the child, but are not required to use all fourtecn (14) days at one time. They may be split. L. The parties agree they will alternate every year when filing for Federal income tax returns. Starting with the mother for the year 2000. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals thi~ay ofOf'f . , 1999. ~ Attorney for Father c.... i ~./