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HomeMy WebLinkAbout97-06853 il! ,I' ij 'I; .' ~ .. '~" I .1 ' 'i 'q' II I i , ".1"- ,/" !I I I ,." , ,I' " I I, ';(1 i ,Ij , ~ ~ & ~. i:) 1 '.1,) Ii ili 'f : ~~ 'rl-' ... ..._ .J , .,. J'~ .., ,',' ~ ~~, ~ ~::.. ,.. . ! I I I ! 9J , . I , - ~". .~,-.~.. V) '::) , '.~ - -.. . I ~ ~ . ~ -- J 0 ?J c) ~ g~ - 1))0 .. c 0 I'~ 'J r- I') \\) , J - I" .. g , " D'i r- " .I ~ 0 , :t Ji <\) ~ t - V) . H, . -0 ':> - '0- L ~ c.J (2 -- ~ .- N! cJ~ J !~~i 0 ::r i-()- ~. , C" '- ~~ - ('11 i ~ 1.:. .~ j . 0.. ~ ~~J t .-4: lit the time of the emergency ~hall he permilled to make uny immediate deci~ion~ nece~~ituted thereby. Ilowever. thut pllrly ~hall inform the other of the emergency und con~ult with him or her liS ~oon as possible. Each party ~hall be entitled to complete and lilll inli.mnation Irom uny doctor. dentist. tellcher. profe~sionul or uuthority and to have copies of any reports given to either party. 2. Mother shall have primury physical custody of MATTHEW E. HARTMAN. born June 22. 1980. and REBECCA M. HARTMAN. horn January 21. 1986. with Father being permitted temporury physicul custody Oil ~uch times and conditions us the parties may ugree to. It is spccilically agreed that Rebceca shull spend thirty (30) days with her tilther hetweenthe dates of June 14 and August 15 each year. 3. Each parent ~hall b.: entitled to reasolluble telephone contact with either child when he or she is in the custody of the othcr party. 4. The parties agrce to umicahly Ilegotiate holiduys. hirthday~. and vacation times us may he mutuully agreeuble to both and in the hest interests of the children. 5. Elich party hu~ relld this Stipulation and tillly understands all of it~ terms. conditions. und provisions. Moreover both parties believe that this Stipulation i~ tilir and rea~onable. Both Pllrties lilrther agree that they have had a lilll and fair opportunity to ohtain independent legal advice from cOUIlSel of their ~dcction in the negotiation and li.mnalizalion of this Stipulation. I r' education. rcligious training and uphringing shall be made by thcm jointly. aller discussion and consultation with each othcr. with a view toward obtaining and li.lllowing a harmonious poliey in the children'~ hest illterests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrecs not to allempt to alienatc the affections of the children trom the other party nor to pcrmit any third person to allemptto ~o alien ute the affections of the children Irom the other party. Each party shall notify the other of any activity or circumstancc concerning the childrcn that could reasonably he expected to be of concern to thc other. Day-to-day dceisions ~hall hc thc responsibility of the party then having physical custody. With rcgard to any I:mergency dccisions that must be madc. the party having physical custody of the children at the time of thc cmergency shall he permitted to make any immcdiatc decisions necessitated thereby. However. that purty shall inform the other of the emergency and consult with him or her us ~oon as possible. Each party shall hc entitled to complete and full inli.lrmation from any doctor. dentist. tcacher. professionulor authority and to have copics of any reports given to eithcr party. 2. Mother shall huve primary physical cu~tody of MATTHEW E. HARTMAN. born June 22.1980. and REBECCA M. HARTMAN. born January 21. 1986. with Fathcr being pcrmilled temporary physical cWilody on such times and conditions as the parties may ugrcc to. It is specilically ugrecd that Rebe\:cu shall spend thirty (30) days with her father hetweellthe dates ,,)f June 1.4 and August 15 each year. 3. liuch purcnt ,111I11 he entitled hi reusonuble telcphune cUlllact with either child when he or she Is In the ~'uSlmly uf the ulh~'r purly. 4. The purtle~ ultl'ee loulllicuhly negotiute holiday~. birthdays. and vacation limes us Illuy he mUluull) ugreeuhle to hoth und in the best inten:st~ of the children. 5. I:uch plll'ty 111I, I'l'lId this Stipulationund fully under~tunds ull of its terms. conditiun~. uml provisions. MOl'euver huth purtie~ helieve that this Stipulation is lilir and reusunuhle. Buth pmlie~ further ugree that they have hud a full and Iilir opportunity to ohtuin independentleguludvice fronl cuunselof their ~e1ection in the negotiation and lill'lllulizntiun uf this Stipulution. 11. Ifany term. cllndition. c1uusc. or provision llfthis Stipulation shall he d,:termined ur declured tll he I'oid or invulill in law or utherwise. then only that tcrm. conditilln. c1uu,e or prllvisiou shall he stricken fromthi~ Stipulation. and in all other respects this Stlpullltion shall be vulid und continue in full ti.lrce. effect and operation. Likewise. th~' fuilure ul any party to meet hi~ ur her ohljgation~ under anyone or more of the parugl'llphs herein. Ililh the exception of the ~atlslllction of the conditions precedent. shall innu wuy vuid ur uller the r~'nlllining ohligation~ uf the parties. 7. Ihis Stipulation shull he construed in accordance with the laIVs of the ('onnllon\leullh uf I'ennsylvunia. K. I\ny headings prcccding the text of the seveml paragraphs and ~uhpmgraphs hereof. me inserted solely lilr convenience of ret~rence, and shall not constitute a part of this Stipulation. nor shallthcy ulTecl its meaning. construction or efl~~'t. ,t. 1'1 !',,"'" ',I ~!I'"I;...r &r. " fi.; .~', !~~~:tr ""'t, ,,_:,>~,,:tl .:!r.:, 11..):;"" :;!ll. '.,>,' I, ,.. ,C'oL J~0 :~.l,',~ U:--, :'.h'u ~J 0.. ~, , :'i --!. eo:" ~. ..... Q'I, ., . . " ',Ii 'I i. .,"', I ill '.' ::: ;:::' .... i111 " ",I m .. ~. b l'"' I,!" i" 'I, i, I"~ d " . '. custody. Primary phy~ical custody of the party's two children i~ pre~umed to be in Plaintiff since Defendant is given only rights of temponlry custody on weekends. Copie~ of the Divorce Dceree lInd the MlIrital Selllcment Agreement lire allached hereto us Exhibit "A." 6. That during the lil'st week of Dccember, 1997. Plaintiff was huving problems contl'OlIing Matthew's behavior. and she called Defendant in Tennes~ee tor as~istanee. Delcndunt drove to ('ump llill, Pennsylvania. and oflcred to tuke custody of Matthew. MlItthew wus opposed to thi~ move und nlll away. Plaintiff signed u Custody Agreement on December 8.1997, grunting rights of primary physiclll custody of Mallhew in Dclcndant. I'luintiff felt prcs~urcd to sign thc document and did so under duress lrom Dclcndant. Matthew wus still in hiding alier Plaintiff signed the papers, and Plaintiff li.lI'ced Matthcw to tllrn himself in and go with Delcndant ulier the Camp HillPolicc threatened to arrest Plaintiff li.lr obstruction of justice if Matthew did not go with his lllther. The Custody Agreement states in part: "14. The partics hereto agree that this Agreement muy he entered as an Ordcr of Court on thc motion of either party." Neither party has petitioned the Court of (\lIlllllOn Pleas of Cumberland County. the only court with jurisdiction ovcr the matters of custody. to enter lln Order. Thereli.lre, the Agreement has not becn entcred a~ an Order. .t:.n!.!~:.~: ~iJ'a' 'll~i\~l'l () N - r t 0 h lll.J. 1)(' 1/\ w I'll I. l' u t. ~ [l 0 Ii 1."1 rt Yilt III time. horeuftar to continue to Itve sepurute und apart from he other party at such place or places as he or she may from time-to-time choose or deem fit. The foregoing provioions shalL lot lie token 110 an IIdmioBion on the part 01' either pnrty of the la.wt'lILnenR at' unln.wflllness of' the causes lcndf.t11' tu the! J" living ~PHl't. SECOND: INTERFERENCE - Each party shall be free from tnterferehce, authority, and contact by the other, as fully as If h~ or she were single or unmarried ~xcept liS may bb necessary to ~nrry Ollt the provlB ions of this Agreement. Noi ther party shlll.L rJlolent the utilf.'t' or I\ttempt to endeavor' tu mole::.;t the other. lor compel the other to cohabit with the other, or in any way arass or malign the other, nor in any way interfere with the eaceful existence, Beparate and apart from the other, !!!LRD: !il~1 s DEBTS - WIFE represents an,l w(u'r'"nts to 1I1InllAND that sinoc thc separation she lllls not and in the future she wi tJ. not contrllot or .Incur any debt or liability for which 11ISDAND or his cstate might be responsible and shall indemnify and save harmle~s HUSBAND from any and all claims or demands made againGt him by rriason of debta and obligations incurrsd by the [FE prior to the date of the delivery of this Agreement, and all rllrther ,l"tlts inolure,l by th~ WH'E rrom and art~r the d'lte of the <letlvery hereor, shail b~! the WIFE's individuaL ,'esponsibillty. -2- FOUR'fH: HUSBAND'S DEBTS - HUSBAND reprenento and warranto to wife that oinee the separation he han not and in the future he ill not contract 0" incur any ,iebte 0" ltl\blllty for which WifE 01' her eetate might be l'eoponnible nn,t nll/\11 lnuelllnify and. eave hal'mleoB WIfE from nny nnd. all claims or demnndn IIlnde against her by reaoon of debts or obligationo ineurred by him pr'ol' to the dnte of delivqry of thiB Agreement, and nIL further debts ineurred by the HUSBAND from aud after tbe dnte of delivery hereof, shall be the HUnllAND's IndivldlHll responsibility, F' IF'fH: MARITAL DEBTS - The partieD hereto have filed for bankruptcy (Docket N 1-90-00838) to discharge their various debts. SIXTH: DIVISION OF PERSONAL PROPERTY - The parties hereto agreed that all of the furniture and household goods have been divided to their mutu"l satinf/lctlon. HUSBAND ngrees to tItle his 0 n e _ h a I f (I / ?) I n tor e "t i nth e ,I 0 i n I; L y 0 Wile, I f' 0 nl f: " cor t. automobile in exchange for WIFE's waiver to her share in the '1,200 insurance check from state Farm for vehiculnr damage to property known aB 302 state Street, Marysville, Pennsylvania, whieh io subject to bankruptcy proceedIngs, HUSBAND acknowledges he is in custody of 6 bonds of $50.00 faco value iosued in the nBlIleo of Rebecca flal'ie /lnd Hntthew Hnl'tmlln, I\S well as t''', (2) III trust ('01' bank accounte at CCNH in the names of Rebecca Harie nnd Mntthew Hartman,Acct N 091094177 and 151105228, reopectiv~ly, which were purchased for the benefit of the children. Husband agrees to keep the bonds for the children's benefit and savings a.ccount!], as wel L, nnll ~'(J provi(le proo (' of tlll:~ Hn.:lll'2 to the WIFlg and/or the children at least once a year, SEVEN'rH: SUPPORT AND TEMPO,ARY CUDTODY - Child support has previousiy been adjudicated by Perry County Domestic Rel ti (011 89-]bb). . - a ons . " SEVENTH: (cont I d) SUPPORT AND 'rEr~PORARY cUS'rODY: HUSBAND shall be entitled to temporary custody of the children one (1) weekend & month between noon on S&turday &nd 5:00 p.m. Sunday. Furthermore, HUSBAND sh&ll be entitled to a second (2d) weekend a month upon two weeks notice to the WIFE and upon agreement by the WIFE, said agreement not to be unreasonably withheld. PARTIES agree to amicably negotiate hOlidays, birthdays, and vacation times mutually agreeable to both and in the best interests ot the children. " . EIGHTH: ~ETIREMENT BENEFITS - Both parties hereto waive whatever retirement benefite, if any, tbey have trom each other's employment. NINTH: J!!.AL PROPERTY' - The parties' marital domicile is subject to bankruptcy proceedings (Doeket /I 1-90-00836). HUSBA D is entitled to reside therein and is responsible tor &11 costs associated with the dwelling. TENTH: MAJOR MEDICAL INSURANCE - HUSBAND will retain HMO medical coverage through his '1 WI,) c..,tll.O~f;;tJ O(Vhl(. DC: ~ -~- current employer. r::oa 'fH'(z. '-11 J.I EI,EVEN'I'1l : ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND F.:XPIi:USE;S - .~--_.- !loth pnrtlell hereto accept th'~ provlllionn ,!f thia' Agreement in lieu of and in full and final aettlement and aatia- factian of all claima and demand a that they may now or hereafter have Rgainst the other, if any, for alimony, alimony pendente lite, counsel feols or expenses, or for any other, provision for spouBal fluppor't and mninten'llL(~e before t during Hnd a.fter the commencement f any proceedings for the divorce between the parties. WIFE cknowledgeu that HUSBAND has filed for a No-Fault 90-day Divorce Inder Section 201(e) of the Divorce Code of 1980, in Perry County, ennsylvania, Docket' 90-46. Both parties agree to execute the "equired nffidavlts of con"nnt oontemporaneouuly with thla Agreemen l(ln"entinp, to the entry of !\ final decree in dt'force, TWELFTH: BREACH - If either party breaches any proviaion ,f thia Agreement, the other party ahal.l huve the 'right, at hiB or ler elect Lon. to nun for (lama.ges fOl' such breach I and the part)' Jre"ehlng this contruct "houL.! be reBl,onaible for payment of l"gal eea and costa incurred by the other in enforcing hiS/her legal ights under this Agreement, or seek such other remedies or reliet a may be available to him or to her. - 5.. EIGHTEEN'l'H: VOllJ CLAUSE If any term, eondition, elauae or provision of this Agreement ahall be determined or deelared to be void or invalid In law or otherwise, then only that term, conrlltlon, clall"" ot. pl'ovlt1lon .hall be otl'I,.'k"1I fr'om this ARreement, and in all other respects this Aureement ahall be valid'and continue in full force, effect and operation. NINETEENTH: ENTRY AS PART OF THE DECREE - HUSBAND has initiated an action In divorce under Sectibn 201(c) of the PennBylvanid Divorce Code, filed In Perry County, Pennsylvania, Docket N 90-1,6. It In t.he Intontion of the (1C11'tle5 hereto that the within Agreement shall survive the aforementioned action for divorce, and that no order, Judgment or decree, temporary, interlocutor, final or permanent, shall affect or modify the financial terma of thtB Agreement. This Agreement Bhall be made part of any such ,)udglllfJnt or decree of flllal ,Ilvorce, but shall not be merged theretn, HUSBAND agrees to provide wife, at hia expenae, with a certifled copy of the final Decree in Divorce. TWENTY _ F I RS'l': VOLUNTARY E~TION - WIF'E ac knowledgea that DONALD B. OWEN, Esquire, haa acted as legal counsel. to her In connection with the negotiation and preparation of this ARreement. HUSHANlJ ad,nowl.edgeB that CHAIlI,ECl J, HAWrWELL, Esq., of BOBwell, Snyder, Tintner ~ Piccola, has acted as legal counBel to him in connection with the negotatlon and pveparation -'I - i'-' "i~ 9":'" 'IN\d/\',I"',,;,,, 'J/(\Ij"'" :' I:~ii/':! . ';[1-/'1 . "R':"I "1,1', . "ft'" ".' !,,(~':~, ,,' \;Wr.l'I" I I _1_';;Uit/1j I :.'l-\/.I,' ,),,1lil".... \;!.:.f,l~', ',I "1' I' " J "~,!,, ~ ( l,',{,/_,i:'I'1 lil'<, . i,;':,lf'::': , Ah'l "', ';'''':Ii\, c' "I,"t! I ~.:t:_~:;I~:~':' li,'--.l-'I.' :' r'~~~:',~~i.'l ~I'-i-;~::f:" /- i~f{"l:~:;:.,,!i'/....' ,~: I ll};.,I,'. 'I .:"I).U~';-I";I ~i:\[.ti'/i " ~ 'r';,r',-~i;'.~ I.. . '1"" Ii .'.-~lt:: .\,. I ' 'I';'!d!il,'" l'J.9_:',_',i. ~ //'~:; i," . , i:XHIL',":' .':!,' I II,' . 1'1,' 'if,-; fit,'; "i' '1)\ .1. \J';' ", ' , l' ':'" I' I" " 'I" 1''1' ! - , ~'i fl: . reM I ~':i b ',. '" L, . .1 ., ~ <P ~. -a 2 ~ .;t .. ~~". ~ - r.;' .- ., $ "f":. \.J:'\,1,' ;u! ' . ~ - r')t:i . , ..~ - .~ it ~ ~I ,~ ;I.'J .... , ~~: ;';': J ~ u ll'u '!:I' ilia.. ~ c::. ':1-': I' r;; d " " " Ii' - ,. ...' ... ... ... ... ~,il . i d ! '~ ":' ... '/g . " ... " ..,. 'I :,',', " ).' " '" ,I> " " ", . . " . , .. CHARLES E, PETRIE (jDEO 1 2 1997 . .' A~Y At LAW ms DRISDAN S'I1WlT HARtt/SDlIRO, MlNNSYLVANIA 11/11 . pr8~ifnlt, Rebecca has resided with PlaIntiff at 505 South 321\<1 Street, Camp H.I..l.l, Pennsylvaniai from D'lcember 8, 1'197, until the present, Matthew has resIded with Defendant at 112 Vanderford Lane, Smyrna, Tennessee. The mother of the chIldren is NOREEN SNOW, who currently resides at 505 South 321\<1 Street, Camp HIll, Pennsylvan.ia, She Is married. The father of the children is DENNIS HARTMAN, who currently resides at 112 Vanderford Lane, Smyrna, Tennessee. He is married. 4. The relationshIp of the Plaintiff to the children is that of mother. The Plaintiff currently resides with Rebecca and wIth her husband, Frederick Snow. 5. The relationship of the Defendant to the children is that of father. Ee currently resides with Matthew, and with his wife, MelIssa Hartman and Melissa's daughters Lindsay, age 15; Sarah, age 6; and Victoria, age 4, 6. The PlaIntIff has not participated as a party or wit.m!ss, or in anot.her capacity, in ot.her litigat.ion concernIng t.he custody of the children in this or in another court, The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another (;Oll t" t . .- \, . I'luintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYLV ANIA CIVIL ACTION - LAW NUMBER~_~~';~:)~~ ('" ,,\ \{~,\M ,. NOREEN SNOW. i vs, DENNIS IIARTMAN. Dcti.:ndunt CUSTODY (lIWEH AND NOW, this day of Dccemher, 1997, upon Cllnsiderlllion of the within Petitionli.lr Emergency Custody Relief: it is hercby Ordcred thut pl'imury physiclll cuslody Ill' MATTHEW E, IIARTMAN, born January 21. 1986, is restored in his IIlllther, NOREEN SNOW, Dcli.:ndunt, DENNIS HARTMAN. is hereby directed to return thc child immediutcly to the custody ofhi~ mother, Deli.:ndant's rights of temporary physical custody shull be determined in thc course of the custody conciliation proccss. BY TilE COtJRT: - ','. - " custody, Primary phy~ical custody of thc party's two children is presumed to be in Plaintiff since Dcfendant i~ given only right~ oftcmporary cu~tody on weekend~, Cupie~ of the Divorce Decree and the Marital Settlement Agreemcntare attached hereto as Exhibit "A." 6, That durin!; thc lirst week uf lkcember, 19l)7, Plaintiff was having problcms controlling Mallll\\w's hehavior, and ~he called Delendant in Tennessce li.lr a~sistanee, Detendant drove to Camp Ilill, Pennsylvania, and oflcred to take custudy of Matthew, Mallhew was upposed to this move and ran away, PlaintilTsigned a Custody Agreement on December 8.1997, granting rights ufprimary physicul eustudy of MUllhew In Delendant. Plaintiff felt pre~sured to signthc document and did ~u undcr duress frolll Delendant. Mallhew was still in hiding alter Plaintiff signed the paper~. and Plaintiff Ii.ll'ced Matthcw to turn himself in and go with Delendant alter the Camp Hill Police thre"'encd to arrest Plaintiff lor obstruction of justice if MlIllhew did not gu wilh his llllhcr. The Custody Agreement states in part: "14, The parties heretu agree that this Agreemcnt may he entered us an Order of Court on the molion of either party." Neilher party h.ls pctitioned the Court of Common Pleas of Cumherland County. the unly court with jurisdiction over the matters of custody. 10 enter an Order. Therefore, the Agreement has nut heen entcred as an (lrder. , " FlII:;'!': ::Y.:J.'^ HI\Tl~~.tI. - 11, nh'll.l b.! In',lf'., :', l" "It.'jl l /lJ't,.J {tl LI..l timer hel"!ILf'L':r Lu continue to live ~1'J~IUl'ltt': Ilud H}lI.L!'t frum the other party at Ruch place or places as he or ehe may from time-to-time ehoose or deem fit. The foregoing provisions shall lot U e t n k C II tL U nil u. d 11\ llJ H i U II 0 nth e par t n f f' L t tl t.' r IJ!l t' t Y 0 l' the LA. W fill tl e n n () l' U tl l fL \oJ' t' II I r I e 1':\ (j t' the c It tI [J e ~J l. '_' It OJ : I:,' 1_ I j '.' j 1 l j '/ I r I I ~ n fIn t' L . SECOND: INT~IH'~HENeE - Each party shaLL to'" Cree Cr'~1Il interference, authority, and contact by the other, as fully as If lie or she were single or unmarried except ns muy UF; necer;sll.l'Y t.O cFl.l'ry 0llt, the provi8Lull~; of this ^gre~!lIlllnl. tle i th'"/' pllrty r;1I1\] 1 mIJl.!~::,t. tlll_' 'IUj"" (.ll' Iltt'_!lIlpt. to t_'lLtiIIIJ'/',,~ I.'J I...,L":.;!. !,!!l_' other, lor compcl the othc/' to cohabit with the othcr, or in any way harass or malign thc other, nor in any way interfere with the eaceful existence, scparate and apart from the other, THIRD: WIF'E:' s DEBTS - WIF'E represents "ll',l I;lll'I'untr; to IlUrlll^NlJ t".llftt. ;1lnl.'(' t;ll{_' n(~~)'_lrfltLon nhe hfL~j llut Hil'l :[1 '.11(' l'utl.lt.~. ::1l1~.! wiLl. lIOt. ',~unt.I'IJ,_'t Ul' 111'_'u1' u,ny debt 01' LLr,~biJ.L'~y rut' whlc:h HUSBAND at' his estate might be reaponsible and shull lndemnify and save harmless HUSBAND from any and all claims or demands made against him by reason of rlebts and obligations incurred by the I[~F: prior to the uat" or the delivery of ttil" ^j,;r.,'<slIIent, and all f'll['I',ll(1t' (lebt~j lll(:U['r't-;,l IJ:! I-,tl(' vJ[P'C; t'l'lHtl HIlt! nt ','.'1 I;!l... ,_lHt:'.~ ',Jr' the oIellver.y Ii'n'",,!', "hal.J. be the WlP'E's individlwl. re8ponsibility. -2- I ~" I I' 'f' I, ~ I' I. 1.1 I t. I' ......'., I'OUH'fH: HUSBAND'S DEB'l'S - HUSBAND r"l'reuenLu und \lul't'unt" to \lIfe thut oince tho 9oPUI'ation he hus not unt! in the futur... lIe III not contl'nct 01' incur any debts 01' llublllLy 1'01' \110[,,10 \I[!i'[<; or 10" I' eat 1\ t e III i g h t u e l' 0 0 po n6 i b 1 e and u 10 1\ lJ i II <I " ", I d t' Y ,'" d :; I.L V " hl\l"IIIi66S WIFE: frolll I\ny und 1111 cluims or <10IllU".\I' "1/1'10 uff,ldnuL het' lJ Y l' e U 3 0" 0 f deb t Il 0 l' 0 u 11 gut i (J no in curl' e ,t \J Y 10 1.11I P I' lot' to '- 10 0: dute of delivery of thio Agreement, und ull l'ut'thet' deuts incul't'o,} by the HUSBAND from and after the date of delivet'Y hereof, "hall uo the IIU~)Il^ND's int!t'liduul responslbil.lty, [<'11'1'11: ~IARITAL IJr~B'l'~j - 'l'he plll'tie" hel"Jto hl\'1e filed for bankruptcy (Docket II 1-90-0013313) to ,liachur[l,c thoi)' vurious debts, SIXTH: DIVISION OF PERSONAL PROP~ - 'I'he pa.rties hereto ugreed thnt all of the furniture and household [l,oods have been divided to their mutual satisfaction, HUSBANII agrees to tl,tloo hi" 0 n e - h a 1 f (i / ,') In tor e" t in the .1 0 i n t I. Y (J 1/11 'J" I,' ,) l' d I';" cor t automobile in exr.:llnIlee for WIF'li:'s waiver to III! l' nhnI'€ in th~ $l,200 insurance oho'.:k ('t'om State Fnrm fOl' '10I1l-",l,11' damnge to property known as 3()(~ State Street, Nnrysvillt.!, Pc'nnsyJ.vA.uiu, which Is subJeet to bankruptcy proceedings, HUSBAND acknowledges he i8 in custody of 6 bonds of $50.00 fnce vnlue issued in the nnmes of Rebec~a ~Iari.e nnd Matthew H,Ll.tman, n8 \lull as two (?) III I; rust [01' bank account!! at CCNiI in the nu.mes of H('beecn t-tn.r'ie nnd Mntthew Hartman, Acct , 091094171 and 151105228, t'espectively, which vore purehased for the benefit of the children. Husband agrees to keep the bonds for the children's benefit nnd savings a e c 0 un t s, a 9 we 1 t, un Il t (J IJ I' 0 v .1 de proof 0 r t h "! !1 n m ~.! t rj the vI I fl' ~ and/ol' the cht.l.dren at least once 1.\ year, Sc:VENTII: SUPPUIIT AND TEMpOnARY CUSTOUY - '~'h I id support has pt'evlously been I.\dJudtcated by Perry County Dumestlc RelatLana (OR 89-31,1,), - Sl::VEN1'H: (cont'd) SUPPOR1' AND TEIH'vRA!i',:U"';vDY: HUSBAND shall be entitled to temporary custody of the children one (1) weekend a month between noon on Saturday and 5:00 p.m. Sunday. Furthermore, HUSBAND shall b. .ntitled to . second (2d) weekend a month upon two weeks notice tu the WIFE and upon agreement by the WIFE, said agreement not to be unreasonably withheld. PARTIES agree to amicab1~ negotiate holidays, birthdays, and vaeation times mutually agreeable to both and in the best interests ot .the chil~ren. ,; EIGHTH: RETIREMENT BENEFITS - Both parties hereto waive whatever retirement benetits, it any, they have trom each other's employment. NINTH: REAL PROPl::RTY'- The parties' marital domicile is subject to banKruptcy proceedings (Docket N 1-90-00838), HUSBAIr is entitled to reside therein and is responsible tor all costs associ~ted with the dwelling. TEN'fH: MAJOR M!!:DICAL INSURANCE - llUCiBAlID will retain HMO medical coverage through his 'I WQ C.ltlLOIZBlJ ()l'Jhl{. 01::: ~ -4- current etUfJloyer. (.0'" 'Tft(z. '-/7. JI -' EIOIl'l'EEN'l'll : VOID CLA~ If any term, condition, clause or provision or this Agreement ahall ue <.letcrmluct! or ,leclared to lH.' vuid ut' LIIVl.ll id in 1.,\\.1 ur Qther'wt:-a.>, till.'ll ullly thut term, condition, elnu80 or Pl'ovttliou sha.ll lJt.:' :ltl'l'_'Y.I.'11 from thio Agreement, and in all other respects this Agreemeut shall be valid'and continue in full foree, effect and operation. NINE'fEEN'l'll: ElI'l'RY Af} PAR'l' OF' THE UJ;CREE - HUSllANU has I n i ti a t t~ d "n "c t I u u lu d I V" I' C" U u del' :\",' t i 'J" :' 'Jl ( c) u f t h" Pennsylvanit.l. Divorce eodo, filed in Purl'Y C()Ullt~y, t'eunsylvo.niu, Dockct /I 90-116, It 10 the iutentiou 01' the p',rticB hereto that the within Agreem8nt shall survive the aforementioned aetion for divorce, and that no order, Judgment or decree, temporary, lnterlocutor, l'inal 01' permanent, shall affect or modify the financinl terl1l0 of thi9 ^(1,reement. 'rills ^f!,l't.:(:'meflt~ shall be mude part of n.ny Buell .Judtr,mcnt vr decree of l'iur;.L ,il'/ol'ce I tJut shall not be merged thereIn. HUSBAND agrees to provide wife, at his expense, with a certifIed copy of the final Decree in Divorce, 'l'WEN1'Y - F'I RS'I': VOLUNTARY EXECUTION - WIF~ acknowledges t hat [) 0 N A LOll. 0 WE: N, I': 0 'l u tr e, II a s Ii c t " t! "" 1" If, r, I " u lllL S e 1 t <) her in connection with the negoti~tion aut! prspRrution of this Agreement. HUSBAND acknowledges that CHARLn:S J, HARTWELL, Esq., of Boswell, Snyder, Tintner & Piccola, has acted as legal counsel to him in connection with the negotation and preparation -(- ~ .... f:: .f. ("'l t~l to-.. N ,. tl9 :-j::;:. o:V :or: "-r" .'- ,',,~ -:.i @V <,I . ,. ~"i' ,. I .. -1" - d.': J~': u.: p' ~. ':l!,U <<, ' :~~ i.l.. -) ~ CCl ~j (1\ u '.. \,:i I." I .. " I' ( '( ~ ,. {'; , I ,. L..I ,.J, . {,: , . I ", (:: J l....; ;,' C)