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Home My WebLink About97-03372 '" ~ /' , , .') U ~ ~ c<)' n) tI.. <!' d 13 l'l .. .. II: c 0 W ~ <Ii :.:: c - ~ - < ~ .... 0 m ~ z 0 . ~ ~ ~ < ~ Ul 0 " ~ .. II: 0 . ~ W m ~ Ii . z ~ ~ ci 0 a: ~ ~ , :> ~ 0 m 0 . IfI Ul . it n W a: < Z J: ~ C . . . , . " . .. .. ..... . , , .*****~*~****~***.~'~'~"~'~*'**~~**~~'~ ~ ' ' -....___.._____,....._______.-._... - '0".- ...... __.~____________~.., ~ ,.., _ . __ ~ -, . '.___' '_'~_ .................__..__ _____ ,"-___.____ ~ ~ ~ -"1 .',( ~I ~l s ~ '.' ~' IN THE COURT OF COMMON PLEAS $ OF CUMBERLAND COUNTY l')t STATE OF ~~~~ PENNA, \. '~~.I" .~r ~ ,'. ~ JEFFREY A. SHAFFER, SR., Plaintiff i\ ll. 97-3372 ~ ~, \'('1",";11." ~ OfERYL SHAFFER, ~ Defendant ~ ~\ " ~I " ~ ':'1 ~) -"1 DECREE IN DIVORCE AND NOW, ,..,. Q.. ~ ,1'1"" 19t1i" it is ordered and decreed that. ,JEFFREY .A, ,SHAFFER, ,~R, ., , . ... ' , , . . " ,. . , . " , , " plaintiff, and . , .. ~HER~. SHAFFER, , . ' , . ' .. . . . , , . ' . , , , . .. .. .. . . . . , , , .. . ", 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 enteredl"\J r:)1JL The ~Brital Settlement Agreement dated October 6. 1998, is to be . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . incorporated. b~t not I1'erged into this final d,,?c:r.e>e) . ; . . , , . . , ' , , , , . ' . , , , , . . ~ ,'. ~ ~ ',' ~ ~ ~ ~ ~ ~ ',' 11 y Tit,. C " u r I :/ ,,~V~ AII",I: ,,,,,I..., ;:)/X~1f' /~7'k.,..:z'Jr "f<J;;IJIC< k ~;&", en / .} 7/ Prothonotary ~ ~ ~l ~I ?'." ~ .- -. :- ~.- , ':':.' ,41.' '~..' ':+." ..... ~ " ~ ~ '.' ~ ~ ~ ',' ~ '.' ~ ... ~ $ it! '.' ~ ~, $ ~ '.' $ i.o ~ ~ '.' ~ l~ I'" !~ \~ ~ '.' ~ ~ ~ ~ * ~ ~ ~ ~ ~ '~ J. * e ~ ~ ~ .~.~.~..~..~..~~..~.~.~..~,~~.~.~.~.* .. . ( MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this & ""day of j)c..iOftr ,1998, by and between CHERYL SHAFFER, hereinafter referred to as "Wife", and JEFFREY A, SHAFFER, SR., hereinafter referred to as "Husband", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 27, 1991, and there is one two child born of this marriage, Jeffrey A. Shaffer, Jr., born July 17, 1992; WHEREAS, divei'Se unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their nalurallives, and the parties hereto are desirous of settling fully and finally their respeetive finaneial 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 of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; th~ settling of all matters between them relating to the parties' minor child including custody, visitation and support; and, in general, the settling of :tny :tnd all claims and possible claims by one against the other or :tgainst their respective estates. NOW, THEREFORE, in consideration of the premises and of thc mutual promises, covcnants and undertakings hcreinafter set forth and for other good and valuablc considerations, rcccipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covcnant and agree as follows: I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS, This Agreement shall not be considered to affect or bar the right of Wife or Husband to a 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 a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof, 2, EFFECT OF DIVORCE DECREE, The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such tirne as a final decrec in divorce may be cntered with rcspect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract rernedies in addition to any other rcmcdies which may bc availablc pursuant to the tenns of this Agrcernent or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE, The partics agrcc that thc tcnns of this Agrecment shall be incorporated. but not mergcd, into any divorcc dccrcc which may bc cntcred with rcspcct to them, Thc partics furthcr agrcc that the 2 Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreernent. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Diane S. Baker, Esquire, and to Wife by her attorney, Paige Macdonald-Matthes, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily 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. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enurneration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 3 .. , 6. PERSONAL RIGHTS. Wife and Husband, at all times here:\fter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 7. SUBSEOUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any fonner acts, contraets, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) an:' State, Commonwealth or territory of the 4 Unitcd Statcs, or (c) any othcr country, or any rights which either party may have or at any timc hcreaftcr shall havc for past, prcscnt or futurc support or maintcnancc, alimony, alimony pendcntc litc, counsel fees, propcrty division, costs or expenses, whcther arising as a result of the marital rclation or otherwise, except, all rights and agreements and obligations of whatsocvcr nature arising or which may arise under this Agreement or for thc breach of any provision thcrcof. It is thc intcntion of Husband and Wifc to givc to each othcr by thc execution of this Agrecment a full, complcte and gcncral releasc with respect to any and all propcrty of any kind or nature, real, pcrsonal or mixed, which the other now owns or may hereafter acquire, cxcept and only cxcept all rights and agreements and obligations of whatsoever nature arising or which may arisc under this Agreement or for the breach of any provision thcreof. It is further agrccd that this Agreernent shall be and constitute a full and final resolution of any and all claims which each of the parties may have against thc other for cquitablc division of propcrty, alimony, counsel fees and expenses, alimony pendente 1itc or any othcr claims pursuant to the Pcnnsylvania Divorcc Code or the divorce laws of any othcr jurisdiction. 9. REIlREMENT ACCOUNTS AND PENSION PLANS, Both parties arc cmployed and as a rcsult of thcir rcspective cmployment are entitlcd to certain pension and rctirement benefits, a portion of which arc marital propcrty. Wifc hcreby waives any rights which she may havc to any employmcnt related rctiremcnt accounts, pcnsion plans or dcfcrred cornpcnsation plans of Husband. Husband agrccs that hc hcrcby waives any rights which hc may have to any employment relatcd rctiremcnt accounts, pension plans or dcfcrrcd compcnsation plans ofWifc. All such accounts and pcnsion plans shall bc thc solc and scparatc propcrty ofthc 5 , , party in whose name the account or plan is titled. Each party shall execute all documents necessary to give effect to this paragraph. 10. PERSONAl. PROPERTY, Husband and Wife do hereby acknowledge that they have divided their (angible personal property, including, but without limitation, jewclry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. All such personal property currently in possession of Wife shall become the sole and exclusivc property of Wifc and all such personal property currently in possession of Husband shall becomc the sole and exclusive property of Husband. The parties do hcreby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become thc sole and separate propcrty of the othcr. I I. AFfRR-ACOurRED PERSONAl. PROPERTY. Each of thc parties shall hereafter own and enjoy, indepcndently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or hcr to dispose of (he same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. AUTOMOBII.ES The parties agree that therc are no jointly titled motor vehicles and waive any rights to any motor vehicles which may be owned by the other party. Each party shall be solely rcsponsiblc for any debt on any motor vehicles titled solely in his or hcr name and shall indcmnify and hold the other hannless thercfrom. 13. BANK ACCOUNTS, The parties agrce that they have no joint bank 6 accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 14. CURRENT LIABILITIES, During the course of the marriage the parties have accumulated various marital debts. Husband shall assume fu!\ responsibility for the following debts: Blazer Finanee, account number PA005003 13 I 19, approximate balance of $1700; Member's First Visa, account number 4121 4499 9124 5841, approximate balance of $2500; and Montgomery Wards, account number 14112878874, approxirnate balance of $200. Husband also acknowledges that he recently paid off the $450 marital debt with Household Finance, account number 405289247493476. Wife shall assurne full responsibility for the following debts: Sears, account number 0558805959126, approxirnate balance of $1200; Sears, account number 0558853202718, approximate balance of $50; Citibank, account number 4128002090753364, approximate balance of $1600; Corestates, account number 010908921-9, approximate balance of$950; Discover Card, account number 6011002986523249, approximate balance of $1700; and, Beneficial, account number 33903497, approximate balance of $1400. Both parties shall indemnify and hold the other hannless from the debts which they have assumed. Except as set forth above and elsewhere in this Agreement, the parties agree that they have no other joint liabilities. All remaining debts accumulated during the marriage are in the sole and separate name of the individual parties and shall become the sole and separate responsibility of the named party. 15. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that 7 they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party hannless for and against any and all such debts, liabilities or obligations of every kind which rnay have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold hannless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be othelWise specifically provided for by the terms of this Agreernent. 17. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax 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 hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection 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 rnisrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 8 18, BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affectcd by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to himlher which have been initiated by others. 19. WAIVER OF PAYMENT OF LEGAL FEES, Wife shall be responsible for payment of her legal fees. Husband shall be responsible for payrnent of his legal fees. 20. ALIMONY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT, Wife and Husband do hereby waive, release and give up any other rights they may respectfully have against the other for any alimony, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party, except as provided herein. 21. SUPPORT, Husband shall pay support to Wife for the child as directed by the Office of Domestic Relations. 22. HEALTHCARE COVERAGE. Husband shall provide medical coverage for the minor child as available through his employment and in accordance with the Supreme Court Support Guidelines. Unreimbursed medicals including co-pays and deductibles shall be shared equally be the parties. 23. TAX DEDUCTION FOR CHILD, The parties acknowledge that the party having primary physical custody of the minor child Jeffrey shall be entitled to claim the 9 dependeney tax exemption for the child. 24. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent thai any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of properly between spouses and former spouses, The parties agree to sign and cause to be filcd any elections or other documents required by the Internal Rcvenue Service to rcnder the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. 25. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry ofa decree in divorce pursuant to Section 3301(c) of the Pcnnsylvania Divorce Code, Act 26 of 1980, as may be amended (hcrein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct thcir rcspcctive attorneys to file such consents, affidavits, or other documents as may bc necessary to promptly proceed to obtain a divorcc pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the narned defendant in such divorce action shall execute any waivers of notice or other waivers neccssary to expeditc such divorce. 26, WAIVER OR MODIFICATION TO BE IN WRITING, No modification or waiver of any of the terms hcreof shall be valid unless in writing and signcd by both parties, and 10 no waiver of any brcaeh hcreof or def~ult hercunder shall bc dcemed a waiver of any subsequent default of the same or similar naturc, 27. MUTUAL COOPERATION. Eaeh party shall, at any time and from time to time hereafter, take any and all stcps and cxecute, acknowledgc and deli vcr to thc othcr party any and all further instruments and/or documents that the other party may rcasonably rcquirc for the purposc of giving full forcc and cffcctto thc provisions of this Agrccmcnt. 28. LAWS OF PENNSYLVANIA APPLICABLE, This Agrcemcnt shall be construcd in accordancc with thc laws ofthc Commonwcalth of Pcnnsylvania which are in cffcct as of thc datc of cxecution of this Agrccmcnt. 29. AGREEMENT BINDING HEIRS, This Agrcemcnt shall bc binding and shall inurc to thc bencfit of thc partics hcrcto and their respectivc heirs, executors, administrators, successors and assigns. 30, OTHER DOCUMENTATION. Wifc and Husband covcnant and agrec thatthcy will forthwith (and within at least tcn (10) days aftcr demand therefor) exccutc any and all wriucn instruments, assignmcnts, rcleascs, satisfactions, decds, notes or such other writings as rnay bc ncccssary or dcsirablc for the propcr effcctuation of this Agreement. 31. NO WAIVER OF DEFAULT, This Agrccment shall remain in full force and cffect unless and until tcnninatcd undcr and pursuant to the tenns of this Agrcement. The failure of cithcr party to insist upon strict pcrfonnance of any of thc provisions of this Agrccment shall in no way affcct thc right of such party hercaftcr to cnforce thc samc, nor shall the waivcr of any dcfault or brcach of any provision hcrcof be construed as a waiver of any subsequcnt default or II breach of the same or similar nature, nor shall it be construed as a waiver of strict perfonnance of any other obligations herein. 32, ENTIRE AGREEMENT. This Agreement contains the cntirc undcrstanding ofthc parties, and thcre arc no representations, warranties, covcnants or undertakings other that those expressly set forth herein. The parties further acknowledge that any prcvious agreements bctwecn them are incorporated hcrein. 33. ENFORCEMENT OF AGREEMENI, If either party breaches any provision of this Agreement, the other party shall have thc right, at his or her selection, to sue for damages for such breach or to requirc specific perfonnance. The party breaching this Agrccment shall be responsiblc for payment of legal fecs and costs incurred by the other party in enforcing their rights undcr this Agreement or for seeking such other remedies of relief as may be availablc to him or her. 34. SEVERABIUTY. Ifany tenn, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law otherwise, then only that tenn, condition, clausc or provision shall bc stricken from this Agrecment 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 mcet her or his obligations under anyone or more of thc paragraphs herein, with the cxception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 35. HEADINGS NOT PART OF AGREEMENT, Any headings preceding the text 12 '" L'"') [ . . <''': '-. '-:. " ,.. ~.:: l ~..' t:..2 , , .' , , ,..., " , t , , .. I ~ ,- .. c~ , , L. '-;.. , " . ,. 0 i C , .) f:: i~~ UI\J ()..- ...:..( t+- "I 9; c' ,,- c;..: ~ ' N ~ ~..., .::J ':l.I. ()~V> "(' ~ lr, r" ............ (?- ~ -- I;' ----J. .f0 '-. ~ --b '-..., ~ ~",. ~ .~ ........ N \"" '-., , '" ~ ~ ~~~ - ci Ul W C'l ci ~ ,,' 00 1.&.1 <( N ~ 0 ~ <( t'l a: ... m ~ z " 0 lJ) Cl ~ ... g no' )( e < ~ u.. 0 IfI a. - W m \oJ ."" ~o'ozl.la:~ '" ~ .c:; a.: ... :J - o 0 m ,... lJ) ~!{l ~ a: W a: Z <( :!; J: C "'J ..;J i'~ ~; " (,- ") c' = t, '- r- ! ...J , . . JEFFREY A. SHAFFER, SR., Plainti tT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 97- .3 3).1- CIVIL CHERYL SHAFFER, Defcndant : CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 330Hc) or (d) OF THE DIVORCE CODE I. PlaintitTis JcfITcy A. ShatTer, Sr., an adult individual residing at 506 Sharon Avenue, Mcchanicsburg, Cumberland County, Pcnnsylvania 17055. 2. Defcndant is Cheryl ShatTer, an adult individual rcsiding at 642 Gates Lane, Enola, Curnberland County, Pennsylvania 17025. 3. Plaintiff has been a bona fide resident of this Commonwealth for at least six rnonths immediately previous to the filing of this Cornplaint. 4. Plaintiff and Defendant were married on April 27, 1991, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. PlaintitT has been advised of the availability of marriage counseling and that he rnay have the right to request the Court to require the parties to participate in such counscling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 8, Plaintiff avers that the ground on which the action is based is that the rnarriage is irrctrievably broken. 2 ~ -- >- ~; <": ,-: I , , , r-,,: d " .. ,. ,I:'.. , r...J .~ .., , .. 'J 'j;) f.:.: , ,- ".ij c_ '-- :t. L , c: ~'i U Cr 6 "- - (,- (': I ~:- J._" . t, , ( " , , , , Cl " - .) , ,- . , I , r...: , L. " , " , ,..) ',. ~. '- c-; ,. fo: ~?; , ; , "4 U I l~) r f::': "'-- C" 0' , . .~',J -, , 1-, . ; c: I , <.... r (r:" .::) L- (-:-- 0 JEFFREY A, SHAFFER, SR., Plainti IT vs, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97- 3 3 7 J.- CIVIL CHERYL SHAFFER, Defendant : CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPE4RANCE -.." TO THE PROTHONOTARY: Please enter my appearance as allomey for the PlaintilT in the above- captioned case. lane S. Baker Supreme Court ID #53200 5440 Jonestown Road p, 0, Box 6443 Harrisburg, PA 17112-0443 >- (Y) c. cr. ..;j " ;;0, -.J..-- tJ.l8 ('; , 0" e,'" .. --I U_-'- u.. t:,l; J l:..u_ C)::- r" " ) c. ;~ '" ! ~ . . t.i.it_ _.J, ,ii, G: ..' ':U~ i :s H_ r- U cr U ; ~ o \..:. \r) ,,---' \~ i')' ,~ ~1 --... - rt ~ ...... j",T'" ..J, ; " -~,' ~~;j ..i,) ] -' p 0~ .::;'~ 0 "J0 -.:,- ~ ... r- --- C- "'0(' ..." ,1 ~ 4 ~ , - . :5 U ~ - ~~ u ~ a: t: If < o~z CJa:< zl-::i 0 a:1Il> ,.. ~~~ IN~ ollCJw ~wQ, ~ o 1Ft .. <I: ,v Po. :J:Za: '- ClO::;) ZNlll _Mill ~N~ ::;) a: CJ ~ >- "- o " U " ~ ~ o " -::> c '" " " = ",-::> ~ " " .r; " " .= ~ .~ C .c-::> - " ~;;: 6"; w .: :;;"',e.lJ .c ::: ~ :: u "..I ..:::-:: ~ ,-= >- " Ij . the day following the holiday. In even numbered years Father shall have the first half of the listed holidays and in odd numbered years Father shall have the second half. The holidays to be shared in this manner are: Easter, Memorial Day, Labor Day, Thanksgiving and Christmas. (c) Every Father's Day the child shall be with Father and every Mother's Day the child shall be with Mother. (d) At such other times as the parties may mutually agree. (e) Vacation. Father shall have four (4) weeks of vacation time in one calendar year. One week shall be exercised over the Christmas holiday and the other three (3) shall be exercised throughout the year, but not consecutively. Father shall give Mother thirty (30) days notice of when he intends to exercise the additional vacation time. (f) Holidays shall take precedence over weekend visitation. 2. Plaintiff and Defendant acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically, and of any change in his/her health or any medical crisis. Plaintiff and Defendant agree to consult with 2 each other and to each have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and Defendant also acknowledge that it is in the best interests of the minor child that he/she have the benefit of each parent's parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of this stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 3. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein regarding joint legal custody, that Plaintiff and Defendant shall have the following rights with respect to the child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the child in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camp and schools, provided that 3 ... STIPULATION OF PARTIES AND NOW, comes Cheryl Shaffer, hereinafter "Mother" and Jeffrey Shaffer, Sr" hereinafcer "Father" who do hereby stipulate and agree that the following shall be the standard of custody and visitation which shall prevail and do consent to the entry by a Court of competent jurisdiction of an Order incorporating the terms of this Stipulation: 1. Mother and Father, the natural parents of the minor child, Jeffrey Shaffer, Jr., shall have joint legal custody of the minor child, with the Mother having primary physical custody of the child and the Father having partial physical custody of the child pursuant to the following schedule: (a) Every other weekend beginning Friday evening 6:30 P.M. and ending Sunday evening 5:00 P.M. (b) The holidays listed below shall be shared by the parties. Said holiday shall begin a 4:00 P.M. the day before the holiday and shall end at 6:00 P.M. the day following the holiday. The holiday shall be split from 4:00 P.M. of the day prior to the holiday until 2:00 P.M. the day of the holiday and from 2:00 P.M. the day of the holiday until 6:00 P.M. of .....-/ ~ the day following the holiday, In even numbered years Father shall have the first half of the listed holidays and in odd numbered years Father shall have the second half, The holidays to be shared in this manner are: Easter, Memorial Day, Labor Day, Thanksgiving and Christmas. (c) Every Father's Day the child shall be with Father and every Mother's Day the child shall be with Mother. (d) At such other times as the parties may mutually agree. (e) Vacation. Father shall have four (4) weeks of vacation time in one calendar year. One week shall be exercised over the Christmas holiday and the other three (3) shall be exercised throughout the year, but not consecutively. Father shall give Mother thirty (30) days notice of when he intends to exercise the additional vacation time. (f) Holidays shall take precedence over weekend visitation. 2. Plaintiff and Defendant acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the rninor child's progress, '...F 2 ,"; academically, and of any change in his/her health or any rnedical crisis. Plaintiff and Defendant agree to consult with each other and to each have an equal input with regard to any rnajor decisions which will impact upon the childts academic progress and/or physical or mental health. Plaintiff and Defendant also acknowledge that it is in the best interests of the rninor child that he/she have the benefit of each parent's parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of this Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 3. Plaintiff and Defendant agree, in addition to any provisions which rnay be contained herein regarding joint legal custody, that Plaintiff and Defendant shall have the following rights with respect to the child: (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the child in school; ,,--,,' 3 '"" (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camp and schools, provided that such approval shall not be unreasonably withheld, 4. Father shall, if he is not going to be able to effect weekend partial physical custody for other than health reasons, give Mother at least forty-eight (48) hours advance notice of his inability to effect the custody. 5. Father agrees to provide health insurance for the child and all uncovered medical and dental expenses shall be shared equally between the parties. 6. Both parties a!:ln"e that if either party will be taking the child out of the state that they will provide the other party with the address and telephone where they can be reached. 7 . The parties hereto agree to share equally the expense of the child's pre-school tuition. ~ 4