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3.
FlIIiher, the parties agree to contirl\1C living separately and apart Ii'om the othcr at any
place or places that he or she lTlay sclect as thcy have herctoforc hecn doing. Ncithcr party shall
molest, harass, annoy, il\jure, threaten or interterc with the other party in any matter whatsocver,
Each party may carryon and engage in any employment, protession, husiness or other activity as
he or she may deem advisable till' his or her sole use tlnd benefit. Neither party shall interfere
with thc uses, owncrship, cnjo)'mcnl or disposition of any property now owned and not specilied
herein or property hcrcaller acquircd hy the other.
4.
The consideration ti)r this contract and agreement is the mutual benetit to he ohtained hy
both of the pmties herl1lo and the covenants and agrccments of each of the parties to the oth,'r,
The adequacy of the considcration till' all agreements herein contained is stipulated, confosscd,
and admitted hy the parties, and thc parties intend to he legally hound herehy.
Each pmiy to the AgreelTIlmt ackoowledges and declarcs that he or shc,
respectively:
(I) HUSBAND is representcd by counsel of his own choosing, namely Murk D.
Schwartz, Esquirc of Irwin, McKnight & Hughes; WIFE chooses not to be
represent cd hy counscl, and by initialing this page acknowledges her right to be
represented by counsel; .
(2) is fully and complctely intimned of the tllCtS rclating to the suhject matter ot'
this Agl'eemont and of the rights and Iiahilities of the pmiies;
(3) enters into this Agreement voluntarily aileI' receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
2
(6) tLllly and completely understands each provision of this Agreement, both as to
the subject malleI' and legal effect.
This Agl'eeOlent shall become effective imTncdiatcly as of the datc of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely thc interest
and obligations of the parties in all propel1y that they own separatcly. and all property that would
qua1i(y as marital property under thc Pcnnsylvania Divorce Code, Title 23, Section 401(e), HI"I
that is referred to in this Agreement as "Marital Property", as bctwecn themselves, their heirs and
assigns. The parties have attcmpted to divide their MaritalPI'Opel1y in a manner that cont(lnnS to
a just and Illir standurd, with dll(~ regard to the rights of each Party. The divisinn of (~xisting
Marital I'ropel1y is not intended by the parties to constitute in any way a sale or exchange of
nssets, and the division is being effected without the introduction of outside funds Ill' other
propCl1y not constituting a part llfthe marital estate.
It is the tLn1her purpose of this Agrccment to settle forel'cr and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each pm1y represents and warrants that he or she has made a tLlll and fair disclosure to the
other of all of his or her pl'Opel1y intcrests of any nat~lre, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any propel1y is subject. Each party
fllrther represcnts that he or she has madc a full and fair disclosurc of all dcbts and obligations of
any naturc for which he or she is currently liable or may become liable, Each tLlrther represents
and warrants that he or she has not madc any gi tis 01' transfers tor inadcquate consideration of
Maritall'roperty without the prior consent of the other.
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Each Party ackl10wlcdgcs that, to tilt' cxtOl1t dcsircd, he 01' shc has had acccss to all joint
1I11d separate Stat(, and Fcdcral Tax Retul'l1s flied oy or Oil hchalf of eithcr 01' both Partics during
marriagc.
7,
SUPPORT: It is thc mutuul dcsire of the partics that HUSBAND will not hc rcquircd to
pay suppol1 to thc WIFE. WIFE will not provide any tinancial suppol1 to thc HUSBAND. The
partics also waive any right they have' to rccdve alimony paymcnts jj'om thc other I(lllowing the
entry ofthc Divorcc Dccrec in this mattcr.
X,
REAL ESTATE: HUSBAND and WIFE herchy agrcc that thc rcal property known and
numhercd us 177 Oakhill Road. Carli sic, Cumollr1and County, Pcnnsylvaniu hus hccn t()reelosed
upon hy thcir hank. HUSBAND and WIFE 1;11'll1cr agrec that ncithcr pal1y was tinancially ahle
to save thc property li'oll1 I()reclosurc procecdings, Thercll)l'c, it is mutually undcrstood hy hoth
HUSBAND and WIFE that thc marital propcrty cannot hc prcscrved and ncither shall ohtain any
part of the property, It is the partics' undcrstanding that no dcht is currently owed on said
property. HUSBAND <111(1 WIFE herchy agrec that if thcre is any outstanding dcbt regarding thc
marital rcsidencc they will split thl' rcsponsihility Ii,,' suid deht cqually.
9,
PERSONAL PROrlLRTY: Thc parties agree thut the personal property has been dividcd
to the purtics' mutuul sutisfaetion.
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The WIFE hereby wuives ull right und titlc which she muy have ia any personal property
of the HlISBAND. HUSBAND likewise wuives any int(ll'est which he has in the personal
property of the WIFE. Ikncc!llrth, each of the parties shall own, have and enjoy indepcndently
of any daill1 or right of the other party, all items of Ill'rsonal pn1lwrty of every kind, n<lture and
description and wherever siluut,'d, which arc then owned \11' hcld by or which may hercat\er
belong to thc HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and cffeclually, in all respects ami for all purposes as if he or she were lltlmarried.
10,
AUTOMOBILES: WIFE hereby waivcs all right, title and interest in any vehicle that
HUSBAND currcntly owns or may own in the future. HUSBAND shall hold WIFE hannless for
any and all liability associated with the use and purchase of any vehicle hc may own, and shall bc
solely responsible for all insurance and other linancial responsibility associated with said vehiclc.
HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or
may own in thc future, WIFE shall hold HUSBAND harmless for any and all liability associated
with the use and purchuse of any vehicle she muy own, and shall be solely responsible for all
insurance and other tinancial responsibility associated with said vehicle.
I\.
MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall
assume allliubility for and pay and indemnify the HUSBAND against all debts incurred by WIFE
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anel' the date of separation. WIFE represents and wal'nll1ts to HUSBAND thut since the Jlarties'
murital separation she hus not eontl'lleted or incurred uny deht 01' liahility tl)1' which HUSBAND
01' his estate might he I'esponsihle and WIFE fllrther represents and wUl'nmts to HUSBAND thut
she will not eontruct or incur any deht 01' liubility uncI' the execution of this Agrcemcnt. f(ll'
which HUSBAND or his estute might be responsible, WIFE shall indemnify and suve
HUSBAND harmless li'om any and ull c1uims or demunds made aguinst him by I'cuson of dchts
or ohligations incurred hy her.
HUSBAND shall assumc allliubility t(lr and pay and indcmnity the WIFE against
all debts incurred hy HUSBAND aner thc date of scparation. HUSBAND n'prescnts lInd
warrants to WIFE that sincc the parties' murital separation hc has not contracted or incurred any
deht or liability for whidl WIFE or hcr estatc might hc rcsponsihlc lInd HLlSBAND further
represents lInd warrants to WIFE that hc will not contrllct or incur lIny debt or liability aner thc
execution of this Agreemcnt, for which WIFE or hcr cstatc might he responsihle. HUSBAND
shall indelllnify lInd savc WIFE hunnlt,ss li'om any and all claims or demands mllde ugainst her
by rcason of debts or nhligutions incurred hy him.
12.
INSl!RANCE AND EMPLOYEE BENEFITS: Thc Pllrties agree that any life insurunce
policies on the life 01' HUSBAND 01' WIFE or uny other cmployee benefits, including but not
Iimitcd to retiremcnt, protit sharing 01' medical henetits of either pm1y, shall be their own. WIFE
waivcs ull right, titlc and c1l1illl to HUSBAND'S emllloyce benefits, and HUSBAND waives all
right, title, and claim to uny of WIFE'S cmploycc hencfits.
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17.
ADDITIONAL INSTlWMENTS: Fadl of the parties shall from timc to time, at the
request of the other, tlxecute, acknowledge and deliver to the othcr pmiy any and all further
instruments that may be reasonably required to give full li\l'ce and effect to thc provisions of this
Agreement.
I H.
VOLUNTARY EXr~ClITION: The provisions of this Agreement and their legal effect
have bel'n fillly explained to the parties by their respective counscl, and each party ,I(,knowledges
that the Agreement is Illir and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence. The provisions of this Agreement are tillly
understood by both parties and each pm1y aeknowlcdges that the Agrcement is fair and equitable,
that it is bcing entered into voluntarily. and that it is not the result of any duress or undue
intluenet:.
19.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there arc nil representations, warranties, cOVenants or undertakings othcr than those
expressly sct forth herein.
20.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
H
HELEN V. WARRICK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff ,
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NO. 9P
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DAVID R. WARRICK,
Defendant.
CIVIL ACTION--LAW IN DIVORCE
COMPLAI~T IN DIVORCE
COUNT I
DIVORCE UNDER SECTION--330l ICI OF 'rHE DIVORCE CODE
1. Plaintiff is Helen V. Warrick, who currently resides at 177
Oak Hill Road, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is David R. Warrick, who currently resides at
Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the Commonwealth
for at least six (6) months immediately previous to the filing of
th.is Complaint.
4. The Plaintiff and Defendant were married on February 14,
1993 in Bloserville, Pennsylvania,
5. There have been no prior actions of divorce or for annulment
between the Parties.
6, The marriage is irretrievably broken.
7. Neither Party is a member of the Armed Forces of the United
States or any of its allies.
B. The Plaintiff has been advised of the availability of
counseling and that either Party may compel the other by Order of
Court to attend counseling sessions.
9. Plaintiff avers that there are two (2) children to the
Parties under the age of 18 to wit: Daivd L. Warrick born January 23,
1991 and William R. Warrick born March 25, 1993.
WHEREFORE, plaintiff respectfully requests that your Honorable
Court enter a Decree in Divorce under Section 3301(c) of the Divorce
Code.
COUNT Il--EQUITABLE DISTRIBUTION,
10. The plaintiff incorporates by reference Paragraphs 1
through 9 of the Complaint for Divorce as fully set forth herein.
11, During the marriage, plaintiff and Defendant have acquired
various items of marital property, which are subject to equitable
distribution under Section 3502 of the Pennsylvania Divorce Code of
1980, as will be fully set forth in the Plaintiff's Inventory and
Appraisement to be filed pursuant to the Pennsylvania Rules of Civil
Procedure.
12. Plaintiff and Defendant have been unable to agree as to an
equitable division of marital property.
WHEREFORE, plaintiff requosts your Honorable Court to equitably
divide all marital property.
COUNT I I 1,- -CUSTODY
II
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13. The plaintiff incorporates by reference Paragraphs 1
through 12 of the Complaint for Divorce as fully set forth herein.
14, There were two children born during this marriage, to wit:
David L. Warrick, born January 23, 1991; and William R. Warrick, born
March 23, 1993.
15. DUring the past five (5) years, the children have resided
with the following persons and at the following address:
persolliED.
a. Plaintiff & Defendant
Address
177 Oa~ Hill Road
Carlisle, Pa
16. The Court of Common Pleas of Cumberland County,
Dates
birth-2/9B
pennsylvania, Family Division, has the sole and exclusive jurisdiction
in this matter, pursuant to the Uniform Child Custody Jurisdiction
Act, and the commonwealth Child Custody Jurisdiction Act for the
following reasons:
a. Cumberland County, Pennsylvania, has been the children's
home county within six months before the commencement of the instant
proceedings.
b. It is in the best interest and welfare of the children that
.the Court of Common Pleas of Cumbe.rland County, pennsylvania, assume
jurisdiction because the children have a significant connection with
this jurisdiction, and there is available in this jurisdiction
substantial evidence concerning the children's present or future care,
protection, training and personal relationships.
c. No other state has jurisdiction in this matter under the
requirements of the Uniform Child custody Jurisdiction Act and the
Commonweal.th Child Custody Jurisdiction Act.
17. The Plaintiff has not participated in any capacity
whatsoever in any other litigation concerning the custody of said
minor children in this or any other state.
18. '1'he Plaintiff does not know of any other person other than
the Defendant herein who claims to have custody or partial custody
rights with the minor children.
19. The Plaintiff submits that it is in the best interests and
welfare of the minor children that she be granted custody of the
children, and that the Plaintiff can best provide the minor children
with a more stable, healthful, religious and proper environment.
WHEREFORE, Plaintiff prays that this Honorable Court grant
custody of the minor children of the Parties to Plaintiff.
kOUNT V--ALIMQNY.
20. The Plaintiff incorporates by reference Paragraphs I through
19 of the Complaint for Divorce as fully set forth herein.
21. Plaintiff lacks sufficient property to provide for her
reasonable means and is unable to support herself through appropriate
employment.
22. Plaintiff requires reasonable support to adequately maintain
herself in accordance with the standard of living established during
the marriage.
WHEREFORE, Plaintiff requests Your Honorable Court to enter an
award of alimony in her favor,
Resp~ SUb~itted,
~~ralas. R~qUIre
Attorney 1.0. No. 27423
ROBINSON AND GERALDO
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-9525
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HELEN V. WARRICK, IN ~'HE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYI,vANIA
.
.
vs. NO. 98-1206 CIVIL TERM
.
.
DAVID R. WARRICK, CIVn, ACTION - LAW
Defendant . CUSTODY
.
ORDER OF COURT
')C) I./- ~ 'j!'
AND 101, this '" day of . 1...1.:11.-
consideration of the attached Custody Conci latlOn Re[Xlrt,
and directed as follows:
1. A Hearing is scheduled in Courtroom NO'~' , of the CUmberland
County Court House, on the ,,\,,( day of (.L",~- , 1998, at
-3: au o'clock ~.m.,at which time teSt mony will be taken in this
case. At the Hearing, the Mother, Helen V. Warrick, shall be deemed to be
the moving party and shall proceed initially with testimony. Counsel for
the parties shall file with the Court and opposing counsel a Memorandum
setting forth each party's position on cust.ody, a list of witnesses who
will be called t.o testify at the Hearing, and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least ten
(10) days prior to the scheduled Hearing date.
, 1998, u[Xln
it is ordered
2. Pending further Order of Court or Agreement of the parties, the
Mother, Helen V. War.rick, and the Father, David R. Warrick, shall have
shared legal custody of David L. War.rick, born Januatl' 23, 1991, and
William R. Warrick, born March 25, 1993. The Mother shall have primary
physical custody of the Children and the Father shall have partial physical
custody of the Children on alternating weekends from Friday at 4:00 p.m.
until Sunday at 7:00 p.m. as well as on ~uesday and Thursday from 4:00 p.m.
until 7:00 p.m.
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3. The parties shall share or alternate having cust.ody of the
Children on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
Segment A, which shall run fran Christmas Eve at 12:00 noon
until Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon until December 26 at
12:00 noon. ~'he Father shall have custody of the Children
during Segment A in even numbered years and during Segment B
in odd numbered years. The Mother shall have custody of the
Children during Segment A in odd numbered years and during
Segment B in even numbered years.
,;
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B. Alternating Holidays: The parties shall alternate having
custody of the Children on the follo~ling holidays from 9:00
a.m. until 8:00 p.m.: E~ster Sunday, Memorial Day, July 4th,
Labor Day and Thanksgiving. The Mother shall have custody of
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B. Mary Bloom: will testify regarding Plaintiff'~ tenure as a
foster parent.
C. Tammie Rouckenl will testify regarding Plaintiff's tenure
as a foster parent.
D. Keith Hench: will testify regarding observation of
Plaintiff as a responsible, nurturing parent.
::.pec~
Gerald S. Robinson, Esquire
Attorney I.D. No. 27423
ROBINSON & GERALDO
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Plaintiff.
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6. The minor children have resided with the following
individuals at the following addresses for the past five years:
a. 177 Oak Hill Road, Carlisle, Pennsylvania \~ith
Plaintiff and Defendant January 23, 1991 to the present.
7. Plaintiff, the natural mother of the children, is married
and resides at 177 Oak Hi 11 Road, Carlisle, Pennsylvania (a Complaint
in Divorce was f !.led March 5, 1998, )
8. Defendant, the natural father of the children, is married
and resIdes at 177 Oak Hill Road, Carlisle, Pennsylvania (a Complaint
in Divorce was filed March 5, 1998, )
9. Plaintiff has not participated as a party or witness, or in
any another capacity, in other litigation concerning the custody of
the child in this or bnother court.
10. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
11. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claim to have
custody or visitation right with respect to the child.
12. It is in the best interest and welfare of the minor
children to remain in the primary physical custody of Plaintiff, the
natural mother.
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HflLflN V, WARRICK
Plnintifl1l'etltloner
IN TIlE COURT OF COMMON 1'l.EAS IW
CUMIII-:HLANI> COUNTY, PENNSYl.VANIA
VS,
CIVIL ACTION - I>IVOIU'E
DAVIIl R, WARRICK
IlefendnntiRespondenl
NO, 9N - 12111l CIVIL TERM
IN IlIVOIU'E
I>RII2"I,5111
"lIesesll 7671110095
mWlm OF COllin
AND NOW, this 23rd day of..ili2ill., 199R, upon consideration oflhc allllched Petition for
Alimony Pendenle Lile and/or counsel fees, il is herehy direcled Ihallhe parties and their respective
eounselllppear bct'ore It!, !ilmdday on Jone I , 199R lit 9:001l,m, ti'r a conference, III 13 N, IllInover St"
Oll'llsle, PA 17013, IIfltJl' which the conlerenee officer may recommend Ihallln Ord,'r for Alimony
Pendente Lite he entered,
YOU arc further nrdered to bring 10 the conlerenee:
(I) alrue copy of your mosl recenl Federnllncome Tllx Relul'll, including W-2's as tiled
(2) your ray sluhs for the pre,'eding sL, (6) months
(.1) Ibe Income and Lxp,'nse Statemcnt 1I1111chcd to this order, completed as required by Rule
1910,1 Wi
(4) vcril1cnllon llfchild l~arc expenses
(5) pl'Ooformcdical covt.lragc which you may have. Of' may have availaole 10 you
IF you nlillo appear for the conference or hrin~ lhcrcquircd doclIments, the Court may issue a
warrant for your mrcsL
ec: pelitioner and respondclDI
cc: GCl'l1l(1 S. Robinson, Esq. ~V\(\L\L,,-d, / /
N. I. ,II JI/ ("IS'
cc: Dank'l DeArmellt, I:,sq. (A~~ -~ '
Dale of Order: _tU!ri1 2.1, I (J9!
BY TilL COUIU',
i orge,F, lIofler,yr si<lent Judge
/' / /1 i
, "t^+-# ^-,,_,j..~
,Idday, Conference Officer U
YOU IIAVE TIlE RIGHT TO A LAWYER, WIIO MA Y ATTENI) TIlE CONFERENCE ANI>
RF:I'RESENT YOU, JII YOU 1>0 NOT IIAVE A LAWYER OR CANNOT AH'ORI> ONE, (;0 TO
OR TELEI'II0NI\ 'I'm: OFFICE SET FORTI I BELOW TO FINI> <>lIT WIIERE YOU MAY GET
LEGAL HELl'.
COURT ADMINISTRATOR
FOIJRTII ['LOOR
ClIMBERI.AND COllNTY COllRT 1I01lSI'
CARLlSI.I':, PENNSYLVANIA 17013
(7171240-6200
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HELEN V, WARRICK,
PLAINTIFF
V.
DAVID R, WARRICK,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN1'(, PENNSYLVANIA
96.1206 CIVIL TERM
IN RE: CUSTODY
ORDER OF eQURl
AND NOW, this ~_ day 01 November, 1998, IT IS ORDERED:
(1) The temporary custody order entered on April 29, 1998, IS VACATED and
replaced with this order,
(2) David R. Warrick and Helen V, Warrick shall have shared legal custody 01
David L. Warrick, born January 23, 1991, and W\\\iam R. Warrick, born Maroh 26,
(3) David R. Warrick shall have primary physical custody 01 the children,
(4) Helen V, Warrick shall have temporary physical custody 01 the children as
101l0ws:
1993,
(a) During the school year, every other weekend lrom Saturday morning
at 9:00 a,m, until the 101l0wlng Monday morning when she will get the
ohlldren to schOO\.
(b) Every Wednesday eveninglrom alter school until 7:00 p,m,
(c) During the summer when the children are not In school, every other
week with the trans!er to be on Sundays at 7:00 p.m.. except that eaoh
parent shall select a two week continuoUS period to be with both
ohlldren, Each parent shall notlly the o~ner parent QUh9S6,weeks belore
....I
, '
98-1206 CIVIL TERM
grandparents for one-half of a year In the lalter part of 1996 and the beginning of
1997.
The mother works cleaning home:> from approximately 9:30 a,m, untl/ 4:30 p,m,
on four weekdays, and on one weekday from approximately 9:30 a,m, to 1 :00 p,m,
The father has worked for the Frog Switch & Manufacturing Company In Carlisle for
eight and a half years. He recently began a 6:00 a,m. until 2:00 p,m, shift weekdays,
He took a pay cut to work this day shift so he could spend more time with his sons,
The parents were living together when their oldest son David was born, The
mother took a short time off work from. her employer Service master. The father was
working the 2:00 p,m, to 10:00 p,m, shift where he remained until 1996, When
WIlliam was born, the mother quit her Job at Service master and did not work outside
of the home again until she started cleaning homes part-time In the summer of 1997,
In 1994, the mother and father qualified to be foster parents for a social service
agency, Until they separated they had eight foster children stay in their home for
various periods with as many as four at one time,
David is in second grade and WIlliam Is In kindergarten in the Newville
Elementary School. David went to kindergarten and first grade in the Plainfield
Elementary School where he did well. Both schools are in the Big Spring School
District. The elementary school for the address at the martial home where the mother
lives is Plainfield Elementary, Last summer the mother thought she was going to
move to another part of the Big Spring School District so she enrolled the children in
-2-
98-1206 CIVIL TERM
to the ohlldren, Iddings testified that the ohlldren are fearful of their mother, She
does not "[k]now If the mother Is capable of giving anyone affection," Iddings testified
that the mother has treated Cory horribly. When the mother sent Cory to live with the
maternal grandmother for 1996 and 1997, she told Iddings that she "couldn't stand
the sight of the little son-of.a-bitch, He looks just like the asshole" (referring to Cory's
father),
Christine Barrick, age 20, was a foster child who lived in the parents' home
from September, 1995, until March, 1996, She testified that it was the father who
primarily took care of the children, She testified that the mother had little patience
with the children, She did not give them a lot of affection, Barrick testified that the
mother brought her alcohol every Friday which she shared with her friends in the
house while the father was working and the mother was out partying, Another foster
child, Jessica Liggon, lived in the parents' home from June, 1997, until January, 1998,
She testified that the father was the more Involved parent with the children, and that
he showed a lot of love and affection to them as contrasted to the mother, The
mother had a terrible temper. Liggon testified that the mother allowed her to drink
alcohol of whloh the father did not have knowledge,
Teresa Young, age 16, testified that during June and July, 1998, she sat for the
mother every weekend from Friday through Sunday, At that time, the mother's now
ex-boyfriend, Brad, was living In the house, Young testified that teen-agers
congregated at the house every weekend, and that the mother provided them alcohol
.4.
98-1206 CIVIL TERM
even when her children were around, Teen-agers would stay overnight and on one
occasion, one of those boys pulled a knife on her and attempted to molest her,
Young did not report the incident to the mother until a month later.
Glenn Miller lives in a house next to where the mother lives, The mother's
home has a fenced-In swimming pool. Miller testified that he often sees all of the
mother's children playing unsupervised outside of her home, On one occasion
during the past summer, he saw all the boys stack chairs next to the pool fence and
climb over the fence, Miller watched the boys for about lifteen minutes until they all
climbed out of the pool enclosure.
David and William are In good health, We talked to them in chambers, They
were courteoLlS and age appropriate, Given their young ages they did not have an
appreciation of the significance of this custody case, The mother believes that the
temporary order which provides her primary physical custody with extensive periods
of time with the father, that she has supplemented with additional time, is working well
and should be continued, She believes that David and William should not be
separated from Josh and Cory, She maintains that she has provided the children
stability that is reflected by their being well-adjusted, and their doing well in school.
The father testified that David often tells him that he wants to live with him, He
testified that William complains that Sam Castle beats him although he has never
seen any physical evidence to support those complaints, The father testified that the
mother has been physically abusive to all 01 her children, that she has a terrible
-5.
98-1206 CIVIL TERM
temper, and that she shows little affection toward them, He maintains that he can
provide better care for the children, and therefore, he should be awarded primary
physical custody, If he obtains custody, the children will attend the Hamilton
Elementary School in Carlisle, Arlene Iddings, who lives in Carlisle, will be the sitter.
The father would take the children to Iddings' home at about 5:40 a,rn, as he goes to
work, She would get them to school. She would pick up any child who was finished
with school before the father finished work at 2:00 p,m, Otherwise the father will pick
them up,
We must fashion an order that Is in the best interest and welfare of tho
children, McMillen v. McMillen, 529 Pa, 198 (1992), Positive weight should be given
to the primary care provider, Gonzalez v. Gonzalez, 337 Pa, Super, 1 (1984), While
the mother was not working outside of the home from March, 1993 through the
summer of 1997, the father still provided a substantial amount of care to the children,
Weighing the credibility of all of the evidence, we are satisfied that the father has
been the primary source of emotional support for David and William. His sUuatlon
has now stabilized, the mothm's has not. After their separation in February of this
year, the mother had one live-In boyfriend and now she has another, She does not
know where she wiil live after the marital home is sold. Unless she moves into a part
of the Big Spring School District for the Plainfield Elementary School, the children are
at some point going to have to change schools, David and William have not always
.6.
9B.1206 CIVil TERM
(a) During the school year, every other weekend from Saturday morning
at 9:00 a,m, until the following Monday morning when she will get the
ohlldren to sohool,
(b) Every Wednesday evening from after school until 7:00 p,m.
(c) During the summer when the children are not in school, every other
week with the transfer to be on Sundays at 7:00 p,m" except that each
parent shall select a two week continuous period to be with both
ohlldren, Each parent shall notify the other parent of these weeks before
the end of each school year,
(d) The holidays of Thanksgiving, Easter, Memorial Day, Fourth of July
and labor Day shall be alternated, The mother shall have Thanksgiving
In 199B,
(e) The Christmas holiday shall be broken into two segments, Part A
shall be from Christmas Eve at 12:00 noon until Christmas Day at 12:00
noon, Part B shall be Christmas Day at 12:00 noon until December 26,
.at 12:00 noon, The father shall have Part A In 199B, and in all even
numbered years thereafter, and Part B in 1999, and in all odd numbered
years thereafter, The mother shall have Part A in 1999, and in all odd
numbered years thereafter, and Part B In 199B, and in all even
numbered years thereafter.
.B.
. "~.. ',;
DAVIO R. WARRICK
PACSES Memher Numher: 8488100023
4, If there are in your employment one or more additional employees whose incomes are
subject to the Order of the Court of Common Pleas of
CUMBERLAND
County
for attachment of support, you may combine the attachment payments into a single
payment to the Domestic Relations Section and separately identify the portion attributable
to each obligor,
5, You must notify the Domestic Relations Section when the defendant obligor terminates
employment and provide the Section with the employee's last known address and the name
and address of the new employer, if known,
6, The maximum amollnt of the attachment shall not exceed 50 % of the employee's
net income which is within tile limits set in the Consumer Credit Protection Act, 15
U,S,C. ~1673.
7, The term "income" as defined by law includes compensation for services, including, but
not limited to, wages, salaries, fees, compensation in kind, commissions and similar
items; income derived from business; gains derived from dealings in property; interest;
rents; royalties, dividends, annuities; income from life insurance and endowment
contracts; all forms of retirement; pensions; income from discharge of indebtedness;
distributive share of partnership gross income; income in respect of a decedent; income
from an interest in an estate or trust; military retirement benefits; railroad el1lployment
retirement benefits, social security benefits; temporary and permanent disability benefits;
worker's compensation and unemployment compensation,
Servlc" Type M
Page 3 of 4
Form EN.028
Worker 10 $IA'I"r
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
HELEN WARRICK ) Dockel Numher 99-1206 CV
Plainliff )
vs, ) PACSES Ca~e Number 767100095 /027,510
DAVID R, WARRICK )
Defendanl ) Olher Slale ID Number
Order
AND NOW to wit, this
JUNE 13, 2000
it Is hereby Ordered
that:
THE ABOVE CAPTIONED ORDER OF ALIMONY PENDENTE LITE IS TERMIttI\TED, EFFECTIVE
MAY 3, 2000, PURSUANT TO A FINAL DECREE IN DIVORCE, THERE IS NO BALANCE DUE.
000 I RJ Shad:lay
XCi plalnt.lff
defemant
Mark Schwartz, ~:squl re
BY THE COURT:
MAILED
it> /1/ (t ()
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JUDGE
Service Type M
FomIOE.001
Worker ID 21005