HomeMy WebLinkAbout97-06831
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
t.r,1~
STATE OF l'~~&:':~ PENNA.
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CHRlST(FHER G. tATSl-VI
N P. 97-6831
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DECREE IN
D I V 0 R C EeA' lo::l,,4.;t1.
AND NOW, "',' M"~,,,,"""'" 19,99",., it is ordered and
decreed that ,,"',' "Christopher. .G..,Latstla, ' , ' , " , , , " plaintiff.
and"""", " ,,"," ,ti.'o('giilL.,l-ilt~ha", "." defendant,
are divorced from the bonds 01 matrimony.
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The court retains jurisdiction 01 the lollowing claims which have
been raised 01 record in this action lor which a linal order has not yet
been entered;
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DJVORCE SETTLEMEN~ AGREEMENT
THIS AGREEMENT is made this //"rIt day of Jahre
1999, by and between CHRISTOPHER G. LATSHA, hereinafter called
"Husband", and GEORGIA L. LATSHA, hereinafter called "wife".
WIT N E SSE T H :
WHEREAS, Husband and Wife were married on July 7, 1984 in
Pensacola, Florida; and
WHEREAS, two children were born of this marriage:
COREY C. LATSHA, born August 14, 1989; and BRADY L. LATSHA, born
Apr.il 2, 1992; and
WHEREAS, differences have arisen between Husband and Wife as
a consequence of which they have been living separate and apart
from each other since October 6, 1997, and
WHEREAS, Husband has commenced an action in divorce in the
Court of Common Pleas of Cumberland County, Pennsylvania docketed
to No. 97-6831 ("Divorce Action"); and
WHEREAS, Husband and Wife desire to settle and determine all
of their respective rights and obligations;
NOW, THEREFORE, in consideration of the premises and covenants
contained herein, it is hereby agreed by and between the parties
hereto as follows:
1, Seoaration. Subject to the provisions hereof regarding
custody, visitation and residence of the minor children, it shall
be lawful for each party at all times hereafter to live separate
and apart fr0m each other at such place as he or she from time to
time shall choose or deem fit. The foregoing provision shall not
be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living
apart.
2. Interference. Each party shall be free from the
interference, authority and control 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. Neither party shall
molest or attempt or endeavor to molest the other, nor in any way
to harass or malign the other, nor in any other way interfere with
the peaceful existence, separate and apart, of the other, Each or
the parties hereto understands and agrees that neither shall do or
say anything to the children of the parties at any time which might
in any way in.fluence the children adversely against th~. other
party.
3. Division of Real Property, The parties hereto have
acquired during the course of their marriage and are the owners as
tenants by the entireties of certain real estate and improvements
situated thereon knOl<'ll and numbered as 204 Haldeman Avenue,
New Cumberland, Cumberland County, Pennsylvania. Upon the last to
occur of (al the entry of a valid decree in divorce in the Divorce
Action; (bl IHfe's refinancing all indebtedness secured by a
mortgage on the property or intended to be so secured (including
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but not necessarily limited to a mortgage loan extended by
Husband's father to the parties hereto in the amount of
approximately $60,000.00); and (c) the payment to Husband of the
sum.of $22,40(\.00, Husband shall then quitclaim and release to Wife
all of his right, title and interest in and to said marital real
property. The foregoing notwithstanding, Wife acknowledges that,
from and after the date of separation, Wife has been and shall
continue to be solely and exclusively responsible for the payment
of all obligations with regard to the said marital real property,
including but not limited to the payment of any existing mOl'tgage
or other similar debt (including that which is owing to Husband's
father), payment of all real estate taxes and payment of all
expenses and costs of repairs, maintenance, insurance, utility
charges and the like. Wife hereby agrees to and does indemnify and
save Husband harmless of and from any and all liabilities, claims,
damages, losses, expenses and the like, including reasonable
attorneys' fees, he may sustain or for which he may become liable
or to which he may be exposed with regard to any such matters as a
result of Wife's failure to perform all of the obligations she
undertakes as her sole and exclusive responsibility with regard to
the marital real property and all of the expenses and costs of
ownership, maintenance, possession and occupancy of same.
In the event Wife has not arranged for the refinancing of all
indebtedness secured by mortgages on the property (including but
not limited to the loan extended by Husband's father as
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hereinbefore described) on or before July 31, 1999, Husband and
Wife shall immediately thereafter list the said marital real estate
for sale with a residential real estate broker or licensed agent
regularly doing business in the New Cumberland area, such agent to
be selected by Husband, with an initial listing price of not
greater than $120,000.00, said sale of the home to be in "as is"
condition without obligation for improvements on the part of
Husband or Wife. Husband and Wife further agree that they shall
accept any legitimate offer to purchase by a bona fide third party
containing reasonably standard or usual terms for a price not less
than $110,000,00. Upon the sale and settlement with respect to
such transaction, all costs of sale, including brokers' commission,
transfer taxes, normal and usual closing costs, including
attorneys' fees, shall be deducted from the proceeds, all mortgage
debts or other liens affecting the property shall be paid off
(including the debt owed to Husband's father) and, from the net
proceeds remaining, if any, Husband shall receive the first
$22,400.00, and the remaining proceeds, if any, shall be
distributed to Wife.
Husband and Wife each acknowledge that they shall create no
debts or take any other steps that would result in the imposition
of any additional liens or encumbrances on the marital real
property.
4. Division of ~U!Qnal Prooerty. Husband and Wife
acknowledge that they have divided between themselves to theil'
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mutual satisfaction all personal effects, personal property,
household belongings, furniture, furnishings and the like. The
parties also have divided between themselves to their mutual
satisfaction and agreement all savings, checking or other. bank or
similar depository accounts owned by them and used during the
course of their marriage, and all such accounts of any type
currently in the name of Husband alone cr Wife alone or held for
the benefit of each party alone shall be and remain the sole and
separate property of that party free and clear of all claims of the
other party whatsoever.
Further, each party hereby waives, releases and relinquishes
to the other party any right, title, interest or claim he or she
has or may have or may have had in any employee benefits of the
other party, includJ.ng but not limited to any retirement plans,
pension plans, individual retirement accounts, annuities or
anything of like or similar nature. Each party agrees to sign any
releases or other documents that may be hereafter required to put
into effect his or her renunciation of any interest in the other
party's pension or retirement plans earned, accrued, owned or held
for the benefit of the other party at any time heretofoI'e.
Should it become necessary at any time for either party to
execute any titles or other documents to give effect to thls
Paragraph 4, it shall be done immediately upon the request of the
other party.
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5. Vehicles. The B89 Ford Bronco currently titled in
Husband's name individually shall remain the sole and separate
property of Husband, and Wife hereby relinquishes and releases any
and all right, title, interest or claim she has or may have had in
said vehicle. Further, the 1991 Ford van which had previously been
titled in the names of both Husband and wife has been sold for
$12,000.00 and the proceeds thereof were distributed to Wife who
has used such proceeds to purchase a replacement vehicle in her
name alone. such vehicle, a 1995 Nissan Quest, in Wife's name
alone shall hereafter remain her sole and separate property, and
Husband hereby relinquishes and releases any and all right, title,
interest or claim he has or may have had in said vehicle.
The parties were heretofore lessees of a certain 1995 Chrysler
Cirrus automobJ.le, leased through Dauphin Deposit Bank and Trust
Company. The parties acknowledge that such vehicle has been sold
and the lease fully satisfied and the remaining proceeds of
approximately $600.00 have been distributed to Husband as his sole
and separate property.
Should it become necessary at any time for either party to
execute any titles, assignments of leases or other documents that
may be reasonably requit'ed by t.he other party to put .into effect
the terms of this Paragraph 5, it shall be done immed.iately upon
the request of the other party.
6. Child Support.. The partles acknowledge that Husband has
heretofore been paying to Wife, as his contribution toward support
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of the two minor children, the sum of $500.00 pP.r month, The
parties agree that they shall share equally the cost of daycare or
child care expenses incurred for either party's employment purposes
or requirements; provided, however, that the part ies agree that, to
the greatest extent possible, they will communicate and cooperate
so that such daycare and child care expenses can be avoided by the
sharing of custody and the use of the available parent whenever
possible to avoid the incurring of third-party expenses. The
parties hereto acknowledge that they have not yet shared full and
complete income information and that the provisions herein
regarding child support shall be subject to change at the request
of either party, each of whom expressly retains the right to
request modification by an appropriate court of competent
jur.isdiction.
7. ~~l/Dental Insurance, The parties acknowledge that
Wife has been providing medical, hospitalization, dental and vision
insurance for the benefit of the parties' minor children and Wife
shall continue to do so as long as she can continue to obtain such
coverage through her employment; provided, however, that, should
Husband be able to provide the same, similar or more extensive
insurance coverage through his employment, ei t.her at no cost or at
a lesser expense than Wife is and has been incurr.ing, Husband and
IH fe agree that Husband shall obtain such coverage. In any event,
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should either party providing such coverage as set forth above
incur any additional premiums for said coverage for the children,
the parties hereto agree that they shall share equally the costs of
all such insurance premiums. So long as the support obligations as
herein provided remain unmodified, each party shall be and remain
responsible for the payment of one-half of all uninsured medical,
dental, orthodontic, vision care and similar health-related
expenses incurred by either party for the benefit of a child or for
the children.
8. Tax Matters. The parties hereby agree that, for the tax
year ending December 31, 1998 and for each calendar year
thereafter, each party will file a separate federal/state and
local income tax return, and Husband shall be entitled to claim
Corey as a dependent for such tax filing purposes and Wife shall be
entitled to claim Brady for such purposes. Each party agrees to
execute such documents as may be required by the Internal Revenue
Service as may be reasonably necessary to put into effect the terms
of this Paragraph 8.
9. Child C1J.!l..t&..~. Custody of the minor children of the
parties has been addressed and resolved in a certain civil action
commenced by Husband in the Court of Common Pleas of Cumberland
County docketed to No. 97-6831 and by Order of Court reached by
stipulation and agreement and dated October 27, 1998. The parties
agree that, in the event of future disagreements concerning the
best interests of the children, such custody and visitation matters
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shall be subject to modification by application of either party to
a court of competent jurisdiction.
10. Waivers of Claims. 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, curtesy, statutory allowance, widow's allowance,
right to take in intestacy, right to take against the Will of the
other, right to claim or seek equitable distribution of property,
alimony, alimony pendente lite, spousal support, counsel fees or
expenses, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other,
execute, acknowledge and deliver any and all instruments which may
be necessary or advisable to carry into effect this mut~al waiver
and relinquishment of all such interests, rights and claims.
11. Leqal Repr.esentation. Husband and Wife acknowledge that
Wife has been repr.esented by Ronald E. Johnson, Esquire and that
Husband has been represented by Bruce F. Bratton, Esquire in the
negotiation and execution of this Agreement. Each party has had a
full and complete right to discuss the terms of this Divorce
Settlement Agreement wit.h their respective counsel and each
acknowledges that he or she understands th~ full impact of this
Agreement and that he or she is entering into and agreeing to this
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Agreement voluntarily, knowingly and without threat or coercion
whatsoever and further intends to be legally bound by the terms of
this Agreement.
12. Wife's Debts. Wife represents and warrants to Husband
that she has not and in the futute she will not contract or incur
any debt or liability for which Husband or his estate might be
responsible and shall indemnify and save Husband harmless from any
and all claims or demands made against him by reason of debts or
obligations incurred by her,
13. Husband's Debts. Husband represents and warrants to Wife
that he has not and in the future he will not contract or incur any
debt or 1J.ability for which Wife or her estate might be responsible
and shall indemnify and save Wife harmless from any and all claims
or demands made against her by reason of debts or obligations
incurred by him.
14. Tax on Property Division. The parties hereby agree and
express their intent that any transfers of property pursuant to
this Agreement shall be within the scope and applicability of the
Deficit Reduction ~ct of 1984 or other similar tax acts
(hereinafter the "Act"), specifically, the provisions of the said
Act pertaining to transfers of property between spouses or former
spouses. The parties agree to sign and cause to be filed any
elections or other documents required by the Internal. Revenue
Service to render the Act applicable to the transfers set forth in
this Agreement, without recognit.ion of gain on such transfer9 and
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subject to the carry-over basis provisions of said Act. As to
transfers to which the Act may not or does not apply, Husband shall
be solely responsible for any and all taxes that may be assessed or
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become due from Husband, and Wife shall be solely responsible for
any and all taxes that may be assessed or become due from Wife as
a result of or arising from this Agreement.
15. Full Disclosure, Husband and Wi fe each represent and
warrant to the other that he and she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has an interest, of all liabilities, of the source
and amount of the income of such party of every type whatsoever,
and of all other facts relating to the subject matter of this
Agreement.
16.
Additional Instruments.
Each of the parties shall on
demand execute and deliver to the other any deeds, bills of sale,
car t iUes, assignments, consents, tax returns and any other
documents and shall do or cause to be done any other act or thing
that may be necessary or desirable to the provisions and purposes
of this Agreement.
17. Voluntary Execution. The prov.lsions of this Agreement
are fully understood by both parties, and each party acknowledges
that this Agreement is fair and equitable, that it is being entered
into voluntarily and that it is not the result of any duress or
undue influence.
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lB. Action in Divorce. Simultaneously herewith, Husband and
Wife shall execute Affidavits of Consent to the entry of a Decree
in Divorce in the Divorce Action and shall deliver to Husband's
attorney all such Affidavits and any and all other documents
required to obtain a Decree in Divorce in the Divorce Action. In
the event a Decree in Divorce is entered, the terms of this
Agreement shall be incorporated in such Decree and shall not be
modified or affected by such Decree.
19, I!I:.~, In the event either party to this Agreement
shall breach any term, covenant or other obligation herein, the
non-breaching party shall be entitled, in addition to all other
remedies available at law or in equity, to recover from the
breaching party all costs which the non-breaching party may incur,
including reasonable attorneys' fees, in any action or proceeding
to enforce the terms of this Agreement.
20. ~\:ire AGreement. This Agreement contains the entire
understanding of the parties, and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
21, Modification an~aiver. Any modification or waiver of
any provision of this 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.
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CHRISTOPHER G. LATSHA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - j;...l\W L--
NO. 97- L.PJ J L''uc'l If 14"1
IN DIVORCE
I
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GEORGIA L. LATSHA,
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 against you and a Decree of Divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is avai lable in the
Office of the Prothonotary at the Cumberland County Courthouse,
One Courthouse Square, Carlisle, Pennsylvania.
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
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
Telephone: (717) 240-6200
AYl~.Q PARA DEFENDER Y R~I,AMAR DERECHOS
Usted ha sido demandado en la Corte. Si desea defenderse de
las quejas expuestas en las paginas siguientes, debe tomar acci6n
con prontitud. Se Ie avisa que si no se deEiende, e1 caso puede
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-6631
CHRISTOPHER G. LATSHA,
Plaintiff
GEORGIA L. LATSHA,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Ronald E. Johnson, Esquire, being authorized to do so on
behalf of Georgia L. Latsha, Defendant in the above-captioned
matter, hereby accept service of a true and correct of the
Complaint in Divorce.
ANDREWS & JOHNSON
Date_ Ijrjf/
Ronald E. 0 son, Esquire
Pa, Attor I.D. # /~~41-'
76 West fret Street
Carlisle, PA 17013
(717) 243-0123
Attorney for Defendant
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CHRISTOPHER G. LATSHA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, pENNSYLVANIA
V.
GEORGIA L. LATSHA
NO. 97-6831 CIVIL TERM
CIVIL ACTION - DIVORCE
ORDER OF COURT
AND NOW, this lQIH day of JUNE, 1999, it appearing to the
Court that Plaintiff's affidavit of consent does not comply with
pa, Rule of Civil procedure 1920.42 (b) (2) in that it was filed
more than thirty (30) days after it's date of execution. the
request for: the entry oj! a divorce decree nlust be DENIED. This
matter may be resubmitted with a revised affidavit of consent.
By the Court,
Edward E. Guido, J.
Bruce F. Bratton, Esquire
For the plaintiff
Ronald E. Johnson, Esquire
For. the Defendant
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The mother of the children is GeOl'gia L. Latsha. currently residing at 204 Haldeman
Avenue, New Cumberland, PA 17070. She is married.
The father of the children is Christophel' G, Latsha. currently residing at 416 A North
Front Street. Harrisburg, PA 17043. lie is married.
4. The relationship of the Plaintiff to the children is that of mother. The Plaintiff
currently resides with the following persons: Corey Latsha and Brady Latsha
5. The relationship of the Defendant to the children is that of father. The Defendant
currently resides with the following persons: None
6. Plaintiff has not participated as a party or witness. or in anothl'r capacity. in other
litigation cO\lcerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children pending in a
court of this Commonwealth.
Plaintiff does not know of a person not a party 1,0 the proceedings who has physical
custody of the children or claims to have custody 01' visitation rights with respect to the children.
7. The best interest and permanent welfare of the children will be served by granting the
relief requested for the following reasons:
A, The parties hereto have to a large extent reached an agreement regarding
custody and partial custody of the children which affords each parent a substantial period
of time with the children, Under that agreement each parent is entitled to have the children
on certain days particularly days during the week. Father, however. has indicated to
Mother that he intends to intrude .tl his convenience upon those days which arc designated
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as days which the Mother is III have the children which ultimately will disrupt not only the
scheduled agreement regarding custody and partial custody of the children, hut the
structure and stahility of the children's schedule. Thereliml, a Court Order of custody and
structured visitation/partial cusllldy is desired so that the Petitioner and the children may
plan their schedules accordingly, and so that misunderstandings and unmet expectations
regarding custody and partial custody can he avoided, and also so that the children arc not
used in a manipulative fashion.
B. Petitioner desires to maintain the family household which has been
estahlished, and the continued stability of the household is in the best interest of the
children.
C. A Court Order determination of custody and partial custody is required to
avoid continuing conflict hetween the parties regarding parental resp,lIlsihility for custody
and the times thereof.
D. Petitioner continues tOlllaimain the same family household for the children
that had been maimained since August 14, 1989. The Respondent has moved from the
family residence into an apartmem at416 A North Front Street, Wormleysburg,
Cumberland County, PA 17043,
8. 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.
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CHRISTOPHER G. LATSHA : IN TIlE COURT OF COMMON PLEAS OF
PlaintifliRespondent : CUMBERLAND COUNTY, PENNSYL VANIA
v,
: CIVIL ACTION - IN DIVORCE
: ClJSTODYlVlSITATION
GEORGIA L. I.ATSIIA,
Defendant/Petitioner : NO. 97 -6831
CIVIL TERM
~~ I
ORDER
AND NOW, this ~1~ day of 0 ~
, 1 918,"in consideration of the
allached Stipulation and Agreement Regarding Custody and Visitation, it is hereby ORDERED AND
DECREED as follows:
I. The parties hereto agree that they share legal custody of the parties minor
children, namely Corey Latsha, born August 14, 1989 and llrady Latsha, born April 2, 1992, as
such term is defined in 23 Pa.C.S.A. Section 5301 el. seq. Each party agrees that he or she will
cooperate with the other and will share information concerning the health, education and general
welfare, social activities and like mailers with regard to the children with the other party
2. The parties agree that the Mother shall retain primary physical custody of the
minor children subject to the Father's rights l(lr visitation and partial custody with said children
as hereinalh~r set forth.
3. If Father (after taking into consideration his employment) is abk to get the
children to school in the morning, then the custody and the partial custody schedule shall be as
follows:
A) Mother will have the children Monday and Tuesday ea,~h week. Mother
shall be responsible for gelling the childrcn to their bus stop Monday, Tuesday, and Wednesday
morning and picking thcm up at their bus stop on Monday amI Tucsday aflernool13.
(3) Father will have thc childrcn Wednesday and Thursday of each week.
Father shall be responsible for gelling the children to their bus stop on Thursday and Friday
mornings and picking thelllup at their hus stop on Wednesday and Thursday afternoons.
C) Each parent shall he entitled to have the childr.~n every other weekend as
follows:
(I) on weekends when the children arc with Falher, he will pick them
up at their bus stop on Friday afternoon und return them to the Mother's home by 8:45 p.m. 011
Sund,ay,
(2) on weekends when the children arc with Mother, she will piek
them up at their bus stop on Friday unernoon und the ehildren will reside with Mother until
Wednesday morning when she tukes them to the bus stop.
4. I I' Futher (uncI' taking into considerution his employment) is unuble to get the
children to school in the morning, then the custody und partial custody schedule shall be liS
ti>lIows:
A) Futher shull not have the children overnight on Sunday through Thursday
nights.
13) Mother shall have the children overnight on Sunduy through Thursday
nights during the week. Mother shall be responsible lilr gelling the children to their stop on
Monday, Tuesduy, Wednesday, Thursday und Friday mornings und will be responsible tiu
picking them up at their bus stop on Monday and Tuesday afternoons.
C) Father shall be responsible lilr picking up the children atlheir bus stop on
Wednesday, Thursday and Friday afternoons und will return them to the MothCl"s home by 8:45
p.m, on Wednesduy und Thursday evenings.
D) Each parent shall be entitled to have the children every other weekend us
follows:
(I) on weekends when the children are with Father, he will retain the
children from Friday afternoon when he picks them up at their bus stop to Sunday evening at
8:45 p.m. when they will be returned to thc home of their Mother.
(2) on weekends when the children arc with Mother, Father will pick
the children up on Friday anernoon and rcturn thcmlo the Mother's home by noon on Saturday.
E) It is unticipated by the parties thutthis provision will bc temporary in
nature.
5. On Christmas Mother shall have the ehildren lilr early Christmas Eve services
from approximately 5 p.m, until the end of the serviccs ut approximately 6:30 p.m. Otherwise,
Father und Mother shall alternUle lime spent with the I:hildren during the Christmas holiday. In
even numbered years, Father shall huve thc children (exceptlill' the Christmas Eve religious
services referred to above) 11'0111 noon on Christmas Eve until I p.m. on Christmas Day, and
Mother shall have the children from 1 p.m, Christmas Day until noon on December 26th. In odd
numbered years, Mother shall have the children from noon on Christmas Eve untill p.m, on
Christmas [)uy and Father shall h,IVe the children from I p,m. Christmus Day until noon on
December 26th.
6, On Thanksgiving Mother shall have the children till' the noon time meal and
Father shall have the children from approximately 4 p,m. until 9 p,m, or, if his work schedule
will permit. until 9 a,l1\, the ti)lIowing morning,
NOW T1IEREFORE, considcring thc abow conditions and circumstunccs it is hcrcby
ugrccd bctwccn the parties hcreto that the ('oul'l may enter un Order in the above euptioned
mullcr without any flll'ther procecdings to determinc thc same in uccordancc with the Illllowing
tcrms and provisions which arc hercby mutually agrccd to hy I'laintifllRcspondcnt herein.
Christopher G. Latshaund the Ikl'cndant/l'ditioner. Georgia L. Latsha:
I. The partics hereto agrce that they share legal custody of thc parties minor children
as such term is dclincd in 23 l'a.C.S.A. Scction 530 I cl. seq. Each party agrees that he or she
will coopcrate with the other and will share inllll'lllation concerning the health, eduerltion and
gencral weltllre. social activities and like malleI'S with regard to the children with the other party.
2. The parties agree thatthc Mother shall retain primary physical custody of the
minor children subject tothc Father's rights Illr visitation and partial custody with said children
as hereinafter set IlJrth.
3. If' Father (after taking into consideration his employment) is able to get the
children to school in the morning, tben the custody and the partial custodv schcdule shall be as
Illllows:
A) Mother will have the childl'en Monday and Tucsday each week. Moth(~r
shaH be responsible for gclling the children to their bus stop Monday, Tuesday, and Wednesday
morning and picking them up at their bus stop on Monday and Tuesday atternoons.
B) Fathcr will havc the childrcn Wedncsday and Thursday of each week.
Fathcr shall bc rcsponsible Illr gdting thc childrcnto thcir bus stop on Thursday and Friday
mornings and picking thClllUP at thcir bus stop on Wcdncsday and Thursday afternoons.
C) Each parcnt shall be '~ntitlcd to huve the children cvcry other weekend as
Il)llows:
(I) on wcckends whcn the children lire with Fathcr, hc will pick them
up at their bus stop on Friday nfternoon and return them to the Mother's home by 8:45 p.m. on
Sunday.
(2) on weekends whcn the children arc witl',' Mother, she will pick
them up at their bus stop on Friday alkrnoon and thc childro~n will reside with Mother until
Wednesday morning when she takes thcm to thc bus stop.
4. If' Futher (aftcr taking into considcration his employment) is unable to get the
children to school in thc morning, thcnthe custody and partial custody schcdulc shall bc as
follows:
A) Fathcr shaH not have the children ovcrnight on Sunday through Thursday
nights.
B) Mother shaH haw the childrcn ovcrnight on Sunday through Thursday
nights during thc wcek. Mother shall bc rcsponsible f'or gClling the dlildrcn to their bus stop on
Monday, Tuesday, Wednesday, Thursday and Friday mornings and will be responsiblc for
picking them up at their bus stop on Monday and Tuesday allernoons.
C) Father shaH be responsible Illr picking up thc childrcn at their bus stop on
Wednesday, Thursday and Friday afternoons and will return thcmto the Mother's home by 8:45
p.m. on Wedncsday and Thursday evenings.
D) Each parent shall be entitled to havc the children every other weekend as
IlJllows:
(I) on weekends when the children are with }'athcr" he will retain the
children from Friday afternoon when he picks th~1lI up at their bu~ stop to Sunday evening at
8:45 p.m. when they will be returned to the home of their Mothcr.
,
(2) on weekends when the children ure with Mother, Futher will pick
the ehildren up uttheir bus stop on Friday aliel'llllOn and return thelllto the Mother's home by
noon on Saturday.
(E) It is anticipllted by the Pllrties that this provision will be temporury in
nature.
5. On Christmas Mother shall haw the children Illr early Christmas Eve services
from approximately 5 p.m. until the end of the :;ervices at approximately 6:30 p.m. Otherwise,
Father and Mother shall alternate time spelll with the children during the Christmas holidllY. In
even numbered years, Father shall have the children (except Illr the Christmas Eve religious
services relerred to above) fwmnoon on Christmas Eve until I p.m. on Cbristmas Day, and
Mother shall have the children Irom I p.m. Christmas Day until noon on Deccmber 26th. In odd
numbered years, Mother shall have the children from noon on Christmas Eve until I p,m. on
Christmas Day and Father shull have the children from I p.m. Christmas Day until noon on
December 26th.
6. On Thanksgiving Mother shall have the ehildrenl()r the noon time meal and
Father shall have the children from approximately 4 p.m. until <) p.m. or, ifhis work schedule
will permit, until <) a.m. the tllllowing morning.
7. On Easter Mother shall have the children on Easter morning in order that they
lllUY attend church services. Futher shall have the children from 4 p.m. until!) p.m. Easter Day.
H. On lIalloween und notwithstanding unything setllll'th hereinabove, the parties
shall shure thc children during trick.ur.treating as mutuully ugreed upon betweenlhe parties after
taking intI,) consideration the children's desires.
9. The Pllrties shull ultcrnate 01' shure the holidays orNe\\' Ycur's Eve and Day,
Memoriul DlIY, Independence Day, and I.uhor I>uy. The parties shull conler with each othcr to
lIrrungl: 1l1r un ulternating sehedulc or Illl' a shllring of thesc holiday visits.
I
10.
Futher shall huvc the children on Fathcr's Day and Mother shall have the children
on Mother's Day, uny other schedule notwithstanding.
II. Thc children's birthdays shall bc sharcd so that each parent will spend
'Ipproximately 1/2 day with thc childrcn onthcir rcspl~ctivc birthdays. In the cvcnt that either
Father or Mother plans 1I birthday party IlJr thc children he or she shall notify thc othcr parcnt nt
least two (2) weeks prior to thc birthday party so as to permit the othcr parent to attend.
12, Each parcnt shall bc entitled to havc thc childrenlllr not less than two (2) wecks
of vacation during the year, which two (2) weck pcriod may either be consecutivc or
nonconsecutive and cach party shall notify the othcr in writing of their selected vacations periods
as soon us possible.
13. Both partics agree thatthc Court of Comlllon Pleas of Cumbcrland County
Pennsylvania shall continue to havc jurisdiction ovcr the children who arc the subjcct of this
agreement and Court Order until tilrther Order of said Court. In the cvent or a disagreement,
each party understands and ucknowledges that hc or shc shull be free to seek modil1cation of the
custody urrangemcnt set forth herein by upplication to a Court of compctent jurisdiction.
14. The parties hereto both ucknowlcdge thut prior to execution of this ugreement
caeh was given the opportunity to consult with <lJtd be rcpresented und advised by separate lInd
independent legal counsel with Mother having been reprcsented by Ronald E. Johnson, Esquire
and Futher having becn represented by Bruce F. Bratton. ES1luirc and that this agreement has
been entered into knowingly and undcrstandingly,