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HomeMy WebLinkAbout97-06293 " '" :J.l1 <t)1 .... .., ';:. ':i "', ~ .. '- \ \ \ \ \ / . ... ., CONNtE E. BRtCKER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I L ',-.I; .. Il'1-!0--"",,} t v. NO. '/'7 ) /'" , f_) (~':l.. "_.? .JEff' D. BRtCKEF Defendant CIVIL ACTION - LAW CUSTODY/VISITATION AND NOW, this ORDBR or COURT \ \ I l\ \ q " , upon consideration of the attached complaint, it is hereby directed that the parties '( 1-, and their respective ~,ouns~l, appear \befo~e \ 0, C\ . ,"~ n:':J:<(~' the conciliator, at -1J \-..J \,1,\\(\ _\,,'\('( \\1\\11' \) \ '\ ' on the \~) day of \'r(('II'\ ,(',' ,19'1'1, at',f,U(), A.M., for the Prehearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children'S attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: ~. YOU SHOUtD TA~E THIS PAPER TO YOQR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD OIlE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEr.:E YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLItiI,E, PA 17013 (717) 240-6200 ,u , I~'. I ' i: " , ,~I-', ' " c."/ ,,"-'/ .' ., 1"; (II: (I' I I" , , 11.}~47 ,d.lI71.J"Y:1 d; d 1 Xiw:", II cJV4J7'k.!uoL /Ir)JiI,~ 'f//) of l ,,1.:1(' . . II,) 1/,/.1') i. ' . . fZI . a"'Jj(! /,. . / (,) /,/ , / /' /"1(,,,1"/'7 _,,, IV .,;;//./,PtYJ y.fI . - CONNIE E. BRICKER Plaintiff IN 'rHE C;OURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v 'I' #_. NO. ?!. r; .J ",j ,,,,,.I (."0_---. JEFF D. BRICKER Defendant CIVIL ACTION - LAW CUSTODY through her attorneys, Pannebaker and Jones, P.C. and COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Connie E. Bricker, by and r~spectfully represents the following: 1. Plaintiff is Connie E. Bricker, an adult individual who resides at PO Box 10, Bowmansdale, Cumberland County, Pennsylvania 17008. 2. Defendant. is Jeff D. Bricker, an adult. individual who I I. I resides at 1147 South Mountain Road, DUlsburg, York County, Pennsylvania 17019. 3. The Plaintiff seeks custody of the following minor children: John D. Bricker, date of birth, September' 21, 1989, and Hilary N. Bricker, date of birth, March 28, 1992, both of whom were born of the marriage of Petitioner and Respondent. 4. The father' of the children is the \lefendant, Jeff D. Bricker. 5. 1'he mother of the children is the Plaintiff, Connie E. Bricker. '. ,. 6. The children currently reside with the Plaintiff pursuant to a Marital Separation Agreement dated May 28, 1997, a true and correct copy of which is attached hereto and marked Exhibit "A," and incorporated herein by reference. 7. Pursuant to tho custody arrangement currontly in place, the parties share legal custody of the minor children. The Pelaintiff, Connie E. Bdcker, has Plimal'y physIcal custody of the children ijnd the Defendant, .Jeff D. Bricker, has liberal partial custody rights whIch include, at a minimum, visitation each weekend and every Wednesday. S. During the past five years, the chi ldron have r:esicled with the following people at the following addresses: John D. Bricker: From 1992 to February 1997 at 1147 South Mountain Road, Dillsburg, York County, Pennsylvania with his mother and father. From February 1997 to the present at P.O. Box 10, Bowmansdale, Cumberland County, Pennsylvania with his mother and grandparents, Carl and Bernice Mummert. Hilary N. BrIcker: From birth until FE!bruary i997 at 1147 South Mountain Road, DiUsburg, York County, E'onnsylvcmia with her mother and father. From February 1997 to the present at ~ ": P.O. Box 10, Bowmansdalu, Cumberland County, Pennsylvania with her mother and grandparents, Carl and Bernice Mummert. 9. The Plaintiff is not currently participating as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other Court. Plaintiff has no information of the custody proceeding concerning the chJ.ld currently pending in the Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of or who claims to have custody or visitation with respect to the chi lei other than the Defendant, Jeff D. Bricker. 10. The best interests and permanent welfare of the children will be served by granting the relief requested because the custody arrangement outlined in the separation agreement has been difficult to implement because of the Defendant's failure to communicate and cooperate in arranging visitations, and this has led to great disruption in the children's lives. 11. Plaintiff, Connie E. Bricker, seeks primary physical custody of the children, with the [Ie fendant ,Ie f f D. Bricker having visitation according to the following schedule. a. On alternating weekends beginning at 6 p.m. Friday " ., ,. and continuing to 6 p.m. on Sunday. b. On alternating holidays. Such h(llldays will include New Years Day, Easter Sunday, Menmrial Day, Fourth of July, t,abor Day, Thanksgiving, Christmas Eve/ and Christmas Day. c. During a two consecutive-week visitation during the slimmer months while the children are on vacation from school. d. At any other time as agreed upon by the parties. 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant her custody of the children, John D. Bricker and Hililry N. Bricker, with visitation as set forth herein. Respectfully Submitted, PANNEBAKER AND JONE:S / P. C . Attorneys for the Plaintiff By: M' . . ./\.A.lJ.de~1.- n ((:::== . lCllaF~.L A. Grutr~t- HJ n7862:, 4000 Vine Street Middletown PA 17057 (7n) 944-1333 ModCus \ ,. ----' SBPARATION AGREEMENT THIS AGREEMENT, made this ~day of -1!J/I y 1997, by and between CONNIB B. BRICKER, hereinafter referred to as "Wife", AND JEFF D. BRICKER, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 11, 1987; and WHEREAS, two children, namely John D. Bricker, born September 21, 1989 and Hilary N. Bricker, born March 28, 1992, were born of this marriage; 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 Husband by Wife; and in general the settling of any and all claims an~ -~~~,~.- -"'ros by one against the PLAINTIFF'S EXHIBIT ~--- ~ / other or against their respective estates. NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows. 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes of their living apart. 2, INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 4. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation, she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5. HUSBAND'S DEBTS: Husband represents and warrants to "ife that since the separation he has not and in the future he will not contract or incur any debt or liability for which -2- Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. WAIVERS OF CLAIMS AGAINST ESTATE: Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allollance, right to take intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other, execute or acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. A. Thiu paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in the past or in the future. B. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether effected in the past or in the future. -3- ~ 7. MUTUAL WAIVER OF ALIMONY: Wife and Husband represent and acknowledge that they each have sufficient property to provide for her or his reasonable needs arJ that each is able to support herself or himself through appropriate employment. Therefore, notwithstanding anything to the contrary contained in this agreement or in the Pennsylvania Divorce Code of 1960, as amended, Wife and Husband hereby expressly waive, discharge and release any and all rights or claims which she or he may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance, or any other such benefits resulting from the parties' status as husband and wife. 6. DIVISION OF RETIREMENT ACCOUNT/MUTUAL FUNDS: The parties acknowledge that they are owners of a certain retirem~nt account consisting of mutual funds valued at approximately Six Thousand ($6,000.00) Dollars. The parties agree to close the account and divide it equally with each party receiving 50%; however, since Husband is keeping the children's bedroom furniture as set forth in paragraph 11, below, Husband agrees to pay the Wife the sum of $1,000.00 from his share of the aforesaid account so that Wife receives Four Thousand ($4,000.00) Dollars and Husband receives Two Thousand ($2,000.00) from said account. 9. EACH PARTY RETAINS OWN PENSION PLANS: Except as otherwise provided in paragraph 6, above, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, -4- 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 other party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. 10. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself of herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, including any petition for counsel fees and alimony pendente lite, which either of the parties ever hau or now has against the other, except any or all causes of aotion for divorce and except any and all causes of action for breach of any provisions of this Agreement. 11. DIVISION OF PERSONAL PROPERTY: The parties hereby divide their personal property, including but not limited to household goods and furnishings, personal effects and all other items of personal property used by them in common as follows: A. Wife shall become sole owner and Husband shall -5- waive any claim to the items listed on Exhibit "I" attached hereto and incorporated by reference herein. B. All other personal effects, household furniture and furnishings, and all other articles of personal property not listed in Exhibit "I" attached hereto, which remain at the residence located at 1147 S. Mountain Road, Dillsburg, York County, Pennsylvania, shall be the sole property of husband and Wife shall waive any claim to such items which are now in the possession or under the control of Husband. C. Should at any time it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon request of the other party. D. The parties acknowledge that since Husband is keeping t.he children's bedroom furniture valued at $1,000.00, Husband shall pay to Wife the sum of $1,000.00 from his share of the Retirement Account/Mutual Funds at the time the parties distribute the aforesaid account pursuant to paragraph 8, above. 12. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. 1988 Mazda 323 shall be the sole and exclusive property of Wife subject to any lien or encumberancei B. 1990 Ford Explorer shall be the sole and exclusive property of Husband subject to any lien or encumberancei The titles to the said motor vehicles shall be -6- exeouted by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivp.red to the proper parties immediately thereafter. 13. DIVISION OF REAL PROPERTY: Wife agrees to transfer all her right, title and interest in and to the real estate situated at 1147 S. Mountain Road, Dillsburg, York County, Pennsylvania 17019 now titled in the name of Husband and Wife as tenants by the entireties to the Husband. The unpaid balance on the mortgage for the aforementioned improved real estate, held with Dime Savings Bank of NY, is approximately Forty-One Thousand ($41,000.00) Dollars. In consideration of said transfer, Husband agrees to pay to Wife the sum of Twenty Thousand ($20,000.00) Dollars, without interest, payable within ten (10) y~ars of the date of this Agreement. The parties further agree that in the event the aforesaid real estate is sold by Husband prior to both minor children becoming 18 years of age, Husband agrees to pay to Wife the additional sum of Twenty Thousand ($20,000.00) Dollars, payable at settlement. Upon payment in full of the Twenty Thousand ($20,000.00) Dollars due and payable within ten years and upon the payoff and satisfaction of the aforesaid mortgage, Wife agrees to execute ~ny and all deeds, documents or papers necessary to effect such transfer of title upon request. Wife further acknowledges that she has no claim, right, interest or title whatsoever in the property and further agrees never to assert -7- any claim to said property in the future. Said transfer shall be effective immudiately and shall be binding regardless of the marital status of parties. In the event Husband fails to pay to Wife the aforesaid sum of Twenty Thousand ($20,000.00) Dollars within ten (10) years of the date of this Agreement, then the aforesaid real estate shall forthwith be placed with a reputable real estate broker serving the general area of its location for sale at a figure to be agreed upon by the parties, which figure shall be that set forth in the listing contract with said real estate firm or broker. Both parties are to do everything necessary and to execute all documents required for the sale of said real estate. In the event the parties cannot agree on a listing figure, the parties shall have the right to secure an appraisal of the premises and the listing figure shall be the average figure of the appraisals secured by both parties. Upon settlement of the sale of said real estate, the net proceeds thereof after payment of the costs of the sale and any liens or encumbrances affecting the property shall be divided as follows: (a) The sum of Forty Thousand ($40,000.00) DOllars, less any monies already paid by Husband to Wife under paragraph 13 hereof, shall be deducted from the net proceeds and paid to the Wife; (b) The balance of the net proceeds shall be payable to Husband. 14. INDEMNIFICATION: Husband shall assume payment of the -6- mortgage payments as the same shall become due and sha~l indemnify, protect and save WIFE harmless from any and all liability, claims, damages or expenses Wife may sustain, or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of Husband's default or any default with regard to the mortgage payments which will or would result in any action on any bond or mortgage with reference to said premises. 15. CUSTODY: Wife shall have primary physical custody and the parties shall share legal custody of their minor children, John and Hilary, subject to J.iberal partial custody or visitation rights of the Husband. Such partial custody and visitation rights shall include at a minimum each weehend and every Wednesday. Husband and Wife agree to cooperate fully with each other and with the children in establishing times of visitation. It is expressly understood and stated by the parties that it is in the best interest of the minor. children to continue to maintain a loving and warm relationship with both natural parents, and to that end, both parties pledge themselves to providing continuing access to themselves for their children and to cooperating in every manner whatever with one another and the minor children in order to continue to maintain the relationship which each now enjoy by the children. 16. SUBSEQUENT DIVORCE: The parties acknowledge that Wife has filed a Divorce Action docketed to No. 97-SU-00664- -9- 02D in 1997. Husband and Wife agree that their marriage is irretri~vably broken and that it shall be dissolved pursuant to Section 3301(c) of the Divorce Code of 1980. The parties, therefore, agree to the following: a. Simultaneously with the execution of this Agreement, both Husband and Wife shall execute an Affidavit of Consent consenting to the entry of a final Divorce Decree. b. Husband shall execute and return his Affidavit of Consent, together with the documents necessary to finali?e the divorce, with the exception of the Divorce Decree, to Wife's counsel, who shall cause these documents to be filed of record and the divorce finalized. c. The right to request counseling is hereby waived by the parties. 17. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any Divorce Decree which may be subsequently entered with respect to them. 18. NON-MER~~R: It is the parties' intent that this Agreement does not merge with any subsequent Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 19. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right at his -10- .' or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under thiD Agreement, or seeking such other remedy or relief as may be available to him or her. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of thi~ Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall. be determined or declared to be void or invaLl.d 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. 22. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable and that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 23. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior -11- agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 24. 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. 25. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effeot whatsoever in determining the rights or obligations of the parties. 27. AGREEMENT BINDING ON HEIRS: The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respeotive parties hereto, except as otherwise herein provided. 28. ENTIRE AGRE~': This Agreement contains the entire understanding of the parties and there are no representations, warrants, covenants or undertakings other than those expressly set forth herein. BY SIGNING THIS AGREEMENT, EACH PAnTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARry ACKNOWLEDGES THAT PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FUI,L HEARING. -12- .' IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witness: c:J'l . (' b7 ~ hA/~ L, DU(~~ nnie E. Bricker Jeff D. Bricker COMMONWEA~1~ OF PENNSYLVANIA COUNTY OF -r~ SS .~ Personally appeared before me, a Notary Public, this 1iS'= day of may". , 19 q I , CONNIE E. BRICKER, known to me or sati~factorily proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. s J)/1JLi/u 4h 114~b Notary blic " My Commission Expires: i COMMONWEALTH OF PENNSYloVANIA COUNTY OF SS " " 'I Personally appeared before me, a Notary Public, this __day of , 19 , JEFF D. BRICKER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: -13- ," IN WITNESS WHEREOF, ,the parties have hereunto set their hands and seals the day and year first above written. Witness: I 'hu1.-~ r tS;G~5t: J ) bmnie E. Bricker /7~ J\ /2. A-- ~r1c~er " I) X; ; :,/ /.0-""-~ ,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS Personally appeared before me, a Notary Public, this day of , 19 , CONNIE E. BRICKER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and aCknowledged that she executed the same for the pux'poses therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal, Notary Public My Commission Expires: COMMONWEALT~1>F PENNSYLVANIA COUNTY OF ye R.,t: SS Personall~appeared before me, a Notary Public, ..3U day of ~uAlE , 1997 , JEFF D. BRICKER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. this IN WITNESS WHEREOF, I notarial seal. have hereunto set my hand and ~[LJ S/1 ~~L ..' -4 Notary Public p My Commission Expires:' NOTARIAL SEAL DORIS W KENNEDY, HOllry Publlo WI"lnlllOn Township, VOI~ County My CommIssion E.pIIU OCt. 6. 2000 -13- ., . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa. C.S.A. 84904 relating to unsworn falsification to authorities, (i r', o ~ / ' .JL/LU ('. /.fG't'i1,1 Connie E. Bricker ." '-. ... '-. ~: ~ ~ ~ ,: ... r:; I v': ':i..r. \\ I" , 1.1 '. . \}: ~ . . "':\ \ ~ '0 .. , "'.I . . ,'",-1 " l ~ -- ,.. i \>J) ~ . ',j \~ ~, t . i _M 1 . j Yi , '1 ~ I' r. ~ '.' u' \.) ~ , ~~ . .. . . .., '.. (1/ t')AN 1 2 1998 CONNIE E. BRICKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-6293 CIVIl, ~'ERM JEFF D. BRICKER, Defendant CIVIL ACTION - LAW 'IN CUSTODY OODER Oli' <XXJRT AND ~, this 5th day of January, 199B, the Conciliator, be1.ng advised by Plaintiff's counsel that all issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this matter. FOR THE COURT, ('~'I~ 'J'llfll ,\ ~ I' F ~~ I.. 'i, ,., .j' , C\J:,'i> .'I',:i'I' . :", ,I ,,' . 1l_1;' ,."1.,, ..\ :'{( ".~"'..i';f;_t'''.\''~- ~, ~ , / " p " CUSTODY AGREEMENT AND NOW, this .J...,'f/L d of (\ ay O"'''''''I\'(~ parties hereto have reached an agreement with , 1998, the regard to the best interest and welfare of their children, John D. Bricker, born September 21, 1989 and Hilary N. BriCker, born March 28, 1992 as follows: 1. Connie E. BriCker, Mother, is represented by Michael A. Gruin, Esquire and has obtained counsel and advice regarding this agreelnent from her attorney. 2. Jeff D. Bricker, Father, is represented by Girard E. Rickards, Esquire and has obtained counsel and advice regarding this agreement from his attorney. 3. The parents shall share legal custody of the children and each parent shall consult with the other concerning all major decisicms affecting the children inclUding, but not limited to: health, education and religion. The parents shall cooperate in using their best efforts to provide a nurturing environment for the children. 4. Mother shall have primary physical custody of the children. Mother will provide to Father a copy of the cnildren's report cards and reasonable notice of all school conferences and extracurricular events. 5. The parties agree to refrain from making derogatory remarks about each other, the others' spouse or significant other, in front of the children. 6. Our ing the school year, father shall have partial custody of the children on alternating weekends, commencing Friday at 5:30 p.m. and ending on Sunday at 6:00 p.m. 7. During the summer, Father shall have the children during three consecutive weekends, followed by a weekend wherein Mother will have custody. This sequence will repeat itself through the duration of the children's summer vacation from school. Father's custodial weekend period shall commence at 5:30 p.m. on Thursday evening and end on Sunday at 6:00 p.m. B. Father shall have visitation with the children on alternate wednesday evenings from 5:30 through 9:00 p.m. 9. 'fhe summer visitation schedule shall be liberally changed for the sake of vacation schedules of the Father and Mother, with Father having custody of the children during his vacation from his working schedule. 10. The parents will alternate the following major holidays: Easter, Memorial Day, the Fourth of July, Labor Day, Thanksgiving and New Year's Day. The custodial period shall run 10:00 a.m. ;; through 6:00 p.m. Easter, 1998. The schedule shall begin with mother having 11. The Christmas holiday will be divided into two segments. Segment A shall be December 23 at 12:00 noon through December 25 at 12 noon. Segment B shall be December 25 at 12 noon through December 27 at 12 noon. Commencing with December 1998, Father shall have custody during segment B and Mother shall have custody during Segment A. Thereafter, the parents shall alternate custody of the children in accordance with the Segments. 12. Father shall have custody of the children on Father's Day from 10:00 a.m. through 6:00 p.m. and Mother shall have custody of the children on Mother's Day 10:00 a.m. through 6:00 p.m. 13. If a holiday in which Father is scheduled to have custody falls on a Friday preceding Fat.her's regular custodial weekend, Father's custodial period shall run Thursday at 6:00 p.m. through Sunday at 6:00 p.m. If a holiday in which Father is scheduled to have cust.ody falls on a Monday following Father's regular custodial weekend, Father's custodial period shall run from the regularly scheduled beginning time through Monday at 6:00 p.m. 3 14. The holiday schedule shall take precedence over the regular custody schedule. 15. It is understood and stipulated by the parties that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interest of the children. 16. The children's grandparents shall be accorded liberal visitation of the children. Visitation of the grandparents shall be during the custodial period of each respective parent. The grandparents shall be permitted to have reasonable telephone calls with the children during the hours of 8:00 a.m. and 8:00 p.m. 17. Each parent shall permit the other parent to have telephone contact with the children at any reasonable time. A reasonable time is presumed to be between the hours of 8:00 a.m. and 10:00 p.m. 18. Mother agrees to provide the clothing for the children during such time as Father has custody of the children. 19. For all custodial periods, except as otherwise agreed, Mother shall provide transportation of the children to Father's residence for the custodial periods involving weekends, holidays and summer vacation. Father shall be responsible for transportation of the chi] dren to Mother I s residence following his custodial period involving weekends, holidays and summer vacation. 4 Father shall further be responsible for transportation of children during the Wednesday night custodial period. 20. This agreement is intended to supersede Paragraph 15 of a Separation Agreement dated May 27, 1997. Insofar as the aforementioned separation Agreement is inconsistent with this Agreement, this Agreement shall control. witness: \ 1~~_IT,k\ ') I I,') ~ I .'. /o"''l / ", "Jf! . ,...-' /.' \ ""-. D'!' ~rick'~/)' ,'---'" ~~~l~~L+ t--- Jeff' i:;7 . / 0)' . ,- ",. ,'\ / ',.. ~.,. 1'): /(u ,;.', {I(';(,:I nnie E. Bricker 5 ~ ---. f'. ;:' lU! ( ,. I:, 1"' ' fi"J , L' l, >- .' t...J I,f) _1 ,~ 'l\~ ~~~ , (': .... \ .> . I ,\1 Cl f'-' ld U. Ld .rL .i ,) ',I ,.. 0;