The URL can be used to link to this page

Home My WebLink About98-01538 ..J. .. t ~ ~ I , ~ ~ ~ '.. It ~ I I I / ',1 f. ~ - . .5 .. <::.J b. ~ ,~ ...... , ~ ~ . " ~t~' ' , .' ,IL IN iHE COURT OF COMMON PLEAS OF CUMBERLAND COLlNiY. PENNSYLVANIA NO. 9B-153B CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TIN" M. BAIR. Plaln\lff v. DON A. BAIR. JR.. Defendan\ ORDER OF COURT --- -- ^"D "OW, th" ~,fI d'Y of S"lembe" 2002. u,oo ",,,lde,",,Oo of lho ..e"'ed cu,lodY c""o~m","" RepOd. II " ho,ebY o<demd ,od dlmoled " folloWS', OLER. J, ..- ,. Leg" CU,'ody. ,he "rtIe,. "" M. B.;' eod 000 A. B"', J'" ,hell h"e ,h,md 'eg.1 ""Iody ollhe m'oo' ",lid. 000 A. B"', 110m M.Y 13. 1996. E,oh ,,'eol ,h,1I h'" eo equ,' dghl. 10 be exero"ed jo'ollY w,th 'h. othe, ,,,eol. 10 m"e ,II m'I" """- em"geOOY deo'.oOO ,'eoIl09 Ihe ohlld" geoe'" well-b""" ,oo'udl09, ,1,' 001 "mlled 10, .11 deo"IoOO "g"dl09 hi' he,'th. ",",,'\00 ,od ,ellgloo. p,,,u,nllo the le,m' 0' p,. C. s. \5309, eeoh ,'mol ,hell be eo'.'" 10 ,II ,e""d' eod 'o'onnel\Oo ,.d.'o'09 \0 Ihe ohlld ,oo',dl09. b,l 001 IImlled 10. m"'''''. deole'. ,ellg\O"' " "hOOI moo,d'. lhe ,e,lde"" .dO,e" 0' the oh'ld eod of Ihe olh" ,,,eol. '0 the ex'eol one "mo' h" ,,,,."'00 01 eoY "on "'co"" ,,'o'onn,lloo, 'h.1 ,,,eol ,h.1I be mq",ed 10 ,h.m Ihe "m.." ""Ie. the,eo!. with ,he olhe' ""eol wllh'o "oh ,e"ooob'e lime" 10 m.,e lhe "",ro. ,od ,",0,,",,100 0' ,e""",ble u.e 10 lhe olhe' ,.mol. Ne",e, ,,,eo' ,h,1I "hed,1e ."WlIIe' f" Ihe ",'Id ",,'on wll' ,,0" du,'09 Ihe olh" ,,,eol" period 01 ou,lody w,thouI lhe e'pm" consent of the other parent. 2. Eh"'''' Cu,'ody. Molhe' ,h.1I h"e ,,'m'" ,hY"'" ""lodY "bject \0 f.,h"" ,Ighl,o' llbe,,1 "rtI" ,",tadY wh'oh ,hell be ""ogad "lolloW' A. E"h f,Id'Y ,lie' "hOOI d"'o, Ihe h"h ,onool foolbell ,.,,00 from 4:00 p,rn, until the conc,luslon of the foo\ball game, B. 00 ,'Ie"ell"" wee'e""" 10 oom"'"o'" se,lemb&< 21. 2002. from Friday at 4:00 p,m. until sunday a\ B:OO p.rn, C, At such other times as the parties may agree. - ..,.' <. NO, 98.1538 CIVIL TERM 3, The parties shall attend the Seminar for Separating Families within 90 days from the date of the Custody Conciliation Conference which was held on Septembar 16, 2002, The parties shall file copies of their certificates Indicating proof of their attendance at the Seminar with the Court within two (2) weeks following the completion of the Seminar, It is noted that the parties were required to attend this Seminar by Paragraph 7 of the Order of November 7. 2000, The parents have failed to comply with this paragraph, Therefore, strict compliance with this Order in particular shall be required. 4, The parties may modify the weekend plan as the~1 shall mutually agree, However, in the event that a request for a switch in the weekend plan Is made upon less than a 48-hour notice, It shall not be unreasonable If the party not seeking to switch Is unable to do so because of prevlollsly scheduled plans with the minor child, 5. The parties shall be responsible to take the child to various birthday parties or social activities which he may have scheduled during their custodial periods, 6. The parties shall keep each other advised of any changes in their work schedule which may impact the custodial plan, The parties shall also keep each other Informed of any change in their address, home phone or work phone numbers. 7. In the event that either party Intends 10 relocate at a distance which will prevent the use of the current custodial plan, that party shall provide a 50-day notice to the other party and attempt to work out an alternative custodial plan, In the event that a new plan cannot be agreed upon, either party may petition the Court for modification of the custodial plan Whereupon the parties shall return to the Custody Conciliator for an additional Conference, 8. Holidays, A. Christmas, Christmal;> shall be divided as follows: Segment A Is from Christmas EVeat 10:00 a.m, until 10:00 p,m,; Segment B is from 10:00 p.m, Christmas Eve until 8:00 p,m, Christmas Day, In the year 2002 and all even-numbered years thereafter, Father shall have Segment A and Mother shall have Segment B, I~ 2003 and all odd-numbered years thereafter, Mother shall have Segment A and Father shall have Segment B, B. Child's Birthday, The parties will arrange for ihe child to spend time with both parents on the child's birthday, , i; NO. 9B-1538 CIVIL TERM C, Fathe(s Day / Mo\her's Day, Father's Day shall be with Father and Mother's Day shall be with Mother, The times shall be arranged In consideratIon of the parties' work schedules. D. Other Hollday-s. Other holidays shall be divided Into two groupings, Group A shall be Memorial Day, Independence Day and Labor Day, Group B shall be Easter, Trick-or-Treat and Thanksgiving. In even- numbered years, Father shall have Group A and Mother shall have Group 8, In odd-numbered years, Mother shall have Group A and Father shall have Group B, 9, During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication, The parties shalllll<ewlse ensure, to the extend possible, that the other household members and/or house guests comply with this prohibition, 10. Vacation, Each party shall be entilled to two (2) non-consecu\lve blocks of eight (B) consecutive days for the purposes of vacation during the child's summer school recess each year. The parties will provide each other with thirty (30) days written notice of their Intended vacation periods, In the event that the time that the parties have chosen conflicts, the party first providing written shall have choice of vacation, If vacation lime Is chosen In such a way that it occurs on the other parent's custodial weekend, that parent shall be entitled to compensatory time within sixty (60) days of the end of the vacation period, 11, Father is entitled to one (1) compensatory weekend for which he will give Mother at leas\ one (1) week's notice of the choice of the weekend to be used. Father must use his compensatory weekend by October 25,2002, or the time will be lost. 12, Notice, Any notice due to the other party under the terms of this Order shall be sufficient if It is addressed to Mo\her at 115 Holly Drive, Mechanlcsburg, PA 17055 and to Father at 15 West Church Street, Mechanicsburg, PA 17055. In the evenl that the parties have a change of address, i\ shall be their responsibility to provide notice to the other parent of the change in address in order for the notice requirements of this Order to be effecllve. TINA M, BAIR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1538 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v, DON A, BAIR, JR., Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent Information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Don A. Bail' May 13, 1996 Mother 2, A Custody Conciliation Conference was held on September 16, 2002 pursuant to Mother's Petition to Modify filed on August 7, 2002, The last Order in this matter was November 7, 2000, Attending the conference were: the Mother, Tina M, Bail', and her counsel, Ruby D, Weeks, Esquire; the Father, Don A, Bail', Jr., and his counsel, Joan Carey, Esquire, 3, The parties did not reach an agreement with regard to Father's periods of partial custody, Therefore, the Conciliator provides the Court with an Interim Order. 4, Mother's position on custody: Mother objects to Father's present living circumstances because she does not know the other men who share in the rental of the home where Fa\her resides, She also complains that Father allows the child to sleep with him during his periods of custody, She would like Father to be required to provide separate sleeping arrangements, Mother reports that she has had a great deal of difficulty having the child agree to sleep In his own bed rather than with her, Therefore, she is concerned that If Father continues to allow the child to sleep with him, that the child will wemt to do the same and sleep with Mother when he is with her. Additionally, Mother is concerned that the child is exposed to recovering addicts in conjunction with Father's taking the child to activities at Why at the Well. Although Father has ')ffered to let Mother see the home where he resides, in the past she has declined, At the \Ime of the Conference, she was persuaded that It may calm her anxieties to see the home where Father resides, Mother is continuing to be concerned that Father uses drugs, She would like the Court to order a random drug .' ,. NO. 98-1538 CIVIL TERM test and consider a "no show" for any given test to be deemed to have yielded a positive result. 5, Father's position on custody: Father came to the CO:1ference seeking custody each Friday evening during football season so that he can take the child to high school football games, Additionally, he wants to have alternate weekends from Friday after work until Sunday at B:OO p,m, Father denies that he Is using any illegal substances, He states that he is residing in a home In Mechanlcsburg which he shares with two (2) other renters, He has a private bedroom and access to the living area as well as a full kitchen, One of the other renters is there infrequently because of the nature of his work schedule, Father would also like to participate with the child in sports activities through the Why at the Well program, such as wrestling, When Father's work schedule changed, the parties could not reach an agreement as to a modified schedule to make up the time that he lost when he started to have to work on Thursdays, Father does not agree with Mother's wish to require that he not be allowed to sleep with the child, He would like to be able to continue to cuddle up and watch a movie with his child during his weekend periods of custody, He Is not agreeable to random drug tests, 6, Inasmuch as the parties did not reach an agreement on all parts of the Order, the Conciliator provides a recommended Order with the understanding that within thirty (30) days of the date of the Order either party Is dissatisfied or aggrieved by the terms of the recommended Order, they may request and receive a hearing before the Court, 7. Issues upon which the parties agreed were summer vacation, compensatory time for Father for weekend time lost when Mother chose to exercise her vacation during Father's custodial weekends, and one (1) weekend overnight per week, 8, Issues upon which the parties did not agree were Mother's request for Father to be required to provide a separate bed for the child, Mother's request that Father be required to participate In random drug testing, Mother's request that If Father did not appear for a random drug test that the result would be deemed positive, and Mother's request that the child's visitation occur at the home of the paternal gran7J~ qlc~!JJb')..; ~il~'LI fm-,&.r9--~_ Date Melissa Peel Greevy, Esquire CU!J\ody Concilla\or :162982 RECEIVED NOV n 9 2000 , TINA M, BAIR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1538 CIVIL ACTION - LAW CUSTODY Plaintiff vs, DONALD A, BAIR, JR" Defendflnt QRQ.ER OF CQ.U1IT AND NOW, this "~-1!~ day of _lio 1It>.l'Y'\b1L-, 2000, upon consideration or the uttnahod Custody Conciliation Summary Report, It is hereby ordered and dirf.lcled as follows: 1, L.olJflICLtl.lIQdy, The parties, Tina M, Bail' and Donald A. Bail', Jr., shall have shared legal cuslody of tho I11lnor Child, Don A Bail', III, born May 13, 1996, Each parent shall have an a'lulll rlOhl, 10 bo exercised Jointly with the other parent, to make all major non-emergency deals Ions Illfootinfj tho Child's general well-being Including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each pflI'enl shllll be untitled to all records and Information pertaining to the Child including, but not lirnltfJCl to, 80hool and medical records and information, To the extent one parent has possosfllon of any such records or information, that parent shall be required to share the smnH, or copios thereof, with the other parent within such reasonable time as to make the. . records and Information of reasonable use to the other parent. 2, ebY~QaLC~, Mother shall have primary physical custody of the minor Child, Father shall have partial custody arranged as follows: A. Thursday, or Father's regularly scheduled day off, from 6:30 a.m. until 8:00 p.m" To commence November 11, 2000, each Saturday from 4:00 p.m, until Sunday at 6:00 p,m, on alternating weekends, The alternating weekends are to be arranged to include Father's weekend off from work, during Which time his custodial period shall be from 6:30 a,m, Saturday until 6:00 p,m, Sunday, :i. The parties may modify the weekend plan as they shall mutually agree, However, In the event that a request for a switch In the weekend plan Is made upon less than a 48-hour nolloe, it shall not be unreasonable If the party not seeking to switch Is unable to do so beoausa of previously soheduled plans with the minor Child, 4. Tho pmlies shall bo responsible to take the Child to various birthday parties or social nativities whiah he /nay have scheduled during their custodial periods. 5, TIm parties shall keep each other advised of any changes in their work schedule whioh may Impact the custodial plan. The parties shall also keep each other informed of any ohange In their address, home phone or work phone numbers, ~ No, 98-1538 a, In the event that either party Intends to relocate at a dlstanoe which will prevent the use of the current custodial plan, that party shall provide a aO-day notice to the other party and attempt to work out an alternative custodial plan, In thEl event that a new plan cannot be agreed upon, either party may petition the Court for modification of the custodial plan whereupon the parties shall return to the Custody Conciliator for an additional Conference. 7, The parties shall attend the Seminar for Separating Parents provided by the staff of Inner Works, At the conclusion of the Custody Conciliation Conference, both parties were given a copy of the brochure and Is therefore their responsibility to arrange for their attendanoe of the Seminar within 120 days of this Order. 8, Holidays. A. .Q~1~, Christmas shall be divided as follows: from Christmas Eve at 10:00 a,m, until 10:00 p.m, is Segment A; from 10:00 p,m, Christmas Eve until B:OO p,m, Christmas Day Is Segment B, In the year 2000 and In even-numbered years thereafter, Father shall have Segment A and Mother shall have Segment 8, In odd-numbered years thereafter, Mother shall have Segment A and Father shall have Segment B, B, Child's Birthday, The parties will arrange for the Child to spend time with both parents on the Child's birthday, C, fSlther's Q,gyLMQ!.her's Day, Father's Day shall be with Father and Mother's Day shall be with Mother. The times shall be arranged In consideration of the parties' work schedules, D. Other Holi~, Other holidays shall be divided Into two groupings, GroupA shall be Memorial Day, July the 4th and Labor Day, Group B shall be Easter, Trick-ur-Treat and Thanksgiving, In odd.numbered years, Molher shall have Group A and Father shall have Group 8, In even- numbered years, Mother shall have Group B and Father shall have Group A This schedule shall commence in the year 2001. For the year 2000, Mother shall have custody for the Thanksgiving Holiday. 9, During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of Intoxication, The parties shall likewise ensure, to the extent possible, that the other household members and/or house gLlests comply with this prohibition, TINA M. BAIR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO, 98-1538 DONALD A. BAIR, JR., Defendant CIVIL ACTION '" LAW CUSTODY CUSTODY CONCILIATION SUMMARY-REe.Qlil IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the Child who is the subject of this litigation is as follows: MME QAI!;..QF BIRII:i May 13, 1996 CURRENTLY IN CUSTODY OF Don A. Bair, III Mother 2, A Custody Conciliation Conference was held on November 1, 2000, with the following Individuals in attendance: the Mother, Tina M, Bair, and her counsel, Ruby D, Weeks, Esquire; the Father, Donald A. Bair, Jr" and his counsel, Marianne Murphy, Esquire, 3, The parties reached an agreement to an Order in the form as attached, Date II/J/Lo -0-1) ( J JrJi;J-fJ(:J---\ ~el Greevy, Esquire Custody Conciliator "j) .,.... I f , i(1 " NON THBRBrORB, in consideration of the promises and of the mutual promise~, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parUes hereto, WHe and Husband, each intending to be legally bound hereby, covenant and agree as follows, 1 , AGRBBMBNT NQLA.. BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to eithex' party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned th/l disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereor. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 ae amended by Act No. 1990, 206 effective 3-19-91. ~ BrrBCT or DBCRBE, NO MERGER It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, ehall not be regarded as a merger, it being the intent of the partiee to permit this Agreement to survive any such jUdgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any proviei,~ns therein, but shall Burvi ve such decree. 2 _-.'IN'I:, ,1I"It~ ',~ 1. DIBTRlBUTIQ1l..l2A't1 The transfer of property, funds and/or documents provlded for herein shall take place simultaneously with the execution of this Agreement. i. ADVICI.9' collNSl1< This Agreement has been prepar'ed by Ruby D, Weeke, Esquire, the attorney for Wife, Husband has not had counsel, Said attorney at the commencement of, and at all stages during the negotiation of this Agreement, informed parties that she has acted solely as counsel for wife and has not advised or represented Husband in any manner whatsoever', Husband, at the commencement of, and all stages during the negotiation of this Agreement, has been informed by Ruby D. Weeks, ESquire, that he has a right to be represented by his own counsel and has encouraged him to seek the advice of counsel, Husband has read this Agreement carefullY and thoroughly, fully understanding each of its provisions, and therefore signs it freely and voluntarily, ,. FINANCI"L DISCLOSUll.'& The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that neither party wishes to exercise their right to have appraisalS by experts as to the value of the variouS interests of opposing party. They understandS that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. .L.-'dbRlWf,J'Y or DISCLOSut\1 The parties warrant, and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3 ... ..~ ,~""I~ 7, OBT~lNINO INrOIU0TION ON IINANCIS Each party acknowledges that they have beon informed they may have the right, an provided by ntatute and pennsylvania Rules of Civil procedurll, to obtain information regarding the partiee' finances, Such information would include, without limitation, their present and past income I and the identity and value of assets both presently owned and transferred previously, Such information may be obta1ned by one 01' more of sllveral methods inclUding depositions upon oral examination, written interrogatories, production of documents or entry upon property for innpection. The parties agree to waive any further discovery, B. PIRBONAL RIGHTS. wife and Husband may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as f'llly as if they wers uumarried. They may reside at such place or places as they may select, Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employn\ent which to him or her may seem advisable. However, each party shall make best efforts to maintain employment wi th comparable benefl ts and salary as they now hold or for which they are in training. ,. NO MOLIlSTATION Husband and wife ahall not molest or i.nterfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whateoever. Neither party shall harase or be verballY or physically abusive to the other, 4 10. lWl'UAL RIltlM,U Husband and Wife each do hereby mutually remise, .release, quitclaim and forever discharge the other and the estate of such other, for 0,11 time to coms, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against t.he estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or fdmilar allowance, or under the intestate laws, or the right to take against the apouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other right.s of a surViving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Comm~nwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future SUpport or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a reRult of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, It. is the intention of Husband and Wife to give to each other by the execution ~f this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereaftel' acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under th!.s Agreement or for the breach of any thereof, 5 11. IQUITABLI DISTRIBUTION ~ PROPIRTY It is specifically understood and agreod that this Agreement constitutes an equitable distribut!.on of property, both real and personal, which was legally and beneficially acquired by Husband and Nite or either of them during the marriage, as contemplated by 'fhe Act of April 2, 1980 (P,L, 6), No, 26) known as "Th"" Divorc"" Code," 2) P.S, n01 et. seq, of the Commonwealth of Pennsylvania, And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations, the length of the marl' 'age, the prior' marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increaeed earning power of the other party; the opportunity of each party for future aequisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 13. lIe.l letate 'fhe parties recognize they previously owned jointly titled real estate located at 2132 Canterbury Drive, Mechanicsburg, Pennsylvania 17055. This property was sold in February 1999, with the proceeds, after satisfaction of the mortgage, being split equally between the parties, 6 lL.._ Dhtdbution of P.nonal ProDutv, The parties he""to mutually agl'ee that they have fl~f",cted a satisfactory division of the furnitul.e, hou"ehold furnlllhings, appli"nces, and other housetlOld peraonal property between them II" per Appendix "A" attached hereto and made a part hereof, and they mutually agree that each party ahall from and after the date hereof bt' the Bole and separate owner of all such tangible personal property preBently in his or her posBeBsion, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property all may be in the individual possession of each of the parties hereto, The parties hereto have divided between themselvea, to their mutual satisfaction, all items of tangible and intangible marital property, Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now il'l the possession and/or under thE, control of the other, Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible pereonal property, the item is physically in the posseseion or control of the party at the tims of the signing of this Agreement and, in the case of intangible peraonal property, if any phyeical or written certificate of insurance or other similar writing is in the poasession or control of the party, Husband and Wife shall each be deemed to be in the possession and control of. his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of social security benefits to which either party may have a vested or contingent right or interest at the time of the 7 oigning of this Agreement, and neither will make~ny claim aga.inst the other for any intereet in such benefits, From and after the date of the oigning ot this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, oell, grant, convey, or otherwise encumber or dispose of ouch property, whether real or penlonal, whether Duch property was acquired before, during or atter marriage, and neither Husband nor Wife need join in, consent to, or ad;nowledge any deed, mortgage, or other instrument at the other pertaining to such disposition of property, 14. Generlll. (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. 15. Motor Vehicle.. With respect to the motor vehicles owned by one or both of the parties, they agree as follows, (a) The 1986 Dodge Caravan presently titled jointly, shall be titled to the husband at his expense. When this is accomplished, the Husband shall provide the Wife with proof of his having the automob:lle insurance coverage, (b) The 1989 Ford Probe, titled Husband shall become and remain the sole and exclusive property of the Husband. There is no debt owed on this vehicle and husband has given his brother this vehicle. (c) The 1991 Mazda Protige titled to Wite shall become and remain the sole and exclusive property of the Wife, there is no debt owed on this vehicle. 8 11-ULM INVINTORIIS AND APPRAISIHIHI The parties furthel.' acknowledge their understanding that they each have t.he right to file Invent.oriee and IIppraieoment wit.h t.he Court. and t.o require the other party to do eo, Such Invent.odes and IIppraifJement require a party to indicate, under' oath, informatIon regarding all marit.al property in which either party has an interest as of the date the action was commenced, Fully knowing the same, each party nonethelees waives their respective rights to request addit.ional discovery be conducted, to file Inventories and IIppraieement with the Court, or to require the other part.y to do so, ~ ArTIR-ACOUIRID PERSONAL P!Qf!HTY Each of t.he parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party, 18. FUTURE DIBTS. Husband and Wire hereby mutually agree t.hat subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same, Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge Or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement, Wife agreee to be solely responsible for the repayment of the credit card debt in her name and the Husband agrees to be solely responsible for the oredit card debt in his name. 9 1!L_~RRANTY AS TQ IXIBTINQ OBLI~TI9NBI Each party representB that they have not heretofore incurred or contracted for Iltly debt or liabili ty or obligation for whi"h the estats of the other party may I", {'oBpon!liLJlo or liab,le except as may be provided for in this Agreement. Each party agreel) to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligaUons of overy kind which may have heretofore been incurred by them, including thoBe for necessities, except tor the obligations arising out of this Agreement, 20 . R!IT!.BBMENT FUNDS A. ~'he Husband, who haa been employed by Haddon House Food, Inc and Sheetz, Incorporated, and has accumulated benefits in his retirement account, It is agreed bj' the parties that the W1.f.e shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. B. The Wife, who is employed at Giant Food Stores, Carlisle, Pennsylvania, also has retirement and other employee benefits. It is agreed by the ;:,arties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a rellult of her employment, 21. D!y'ORCB Husband and Wife agree that Wife shall file a Complaint irl divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree that ninety (90) days following the filing of a Divorce Complaint by Wife that both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a dlvorce on the basis of mutual consent. Wife agrees to pay all counsel fees, costs, and expenses incident to obtaining the aforesaid divorcs, 10 AND the partiee hereto etate and agn.e that thia Agreement shall not in any way be conatrued as a collusive agreement, 22. ATTORNIY rlls. COSTS' IXPINSES The parties agme to waive receipt of and to be responsible for their own attorney fees, coste and expensen in connection with the negotiation and preparatIon of this Agreement and the granting of a dIvorce decree. 23. BanCH or AGREEMENT If either party fails In the due performance of obligations under this Agreement at their election, the non-breaching party ehall have the right to eue for damages for breach of this Agreement or to rescind same and seek such legal remedies ilS may be available to them, The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 24. LAW OF PENNSYLVANIA APPLICABLE Thie Agr ement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. n. AGRBBMENT BINtlUlG ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and <hei'1' respective heirs, executors, administrators, succeseors and assigns, 26. SBVBRABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, 11 effect and operation, Likewi~", the failure of any party to meet her or hie obligatione under anyone or more of the paragraphs herein, with the exception of the &atJ.sfaction of the conditions precedent, flhall in no way avoid or alter the remaining obligationB of the partie", LL..-..llI:l'IGRATION Thie Agreement constitutes the entire under"tanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warrantJ.es other than t.hose expressly set forth herein, 28. NO WAIVIR OF DIFAULI This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the termB of. t.his Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach C'f any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 29. WAIVER OR MODIFICATION TO BI IN WRITING No modification or waiver of any of the terms hereof shall be valid ur;less in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. ~SUBSIOUENT DIVORC~ The Wife has filed a Complaint in Divorce against Husband in the near future, Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event such divorce action is concluded, Husband shall be entitled to receive a copy of the Decree 12 in Divorce for the normal fee charged by the Prothonotary and shall not be aesessed any coste of the proceeding, except ae previously agreed to herein in paragraph 22, In the event such divorce "ction is concluded, the parties shall be bound by all the terms of t,hiE. Agreement, which shal1 not. be incorporated by reference int.o the Divorce Decree. and this Agreement. shall not. be merged J.n such Decree, but shall in all respect.s survive t.he same and be forever bindJ.ng and conclusive upon the part.ies. 31 , MUTUAL COOPERATION. Each party shall, at any time and from t.ime t.o time hereafter, t.ake any and all eteps and execut.e, acknowledge and deliver to the ot.her party any and all further inst.ruments and/or document.s t.hat the other part.y may reasonably require for t.he purpose of giving full force and effect to the provisions of this Agreement. ~OTHER DOCUMENTATION Wife and Husband covenant and agree that they will fort.hwith (and within at least. ten (10) days after demand thereforo) execut.e any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall ",utually agree should be so executed j,n order to carry out fully and effectively the terms of this Agreement. 3~. HIAD.l!lmui'OT PART Or....MRBBMBNT Any headings preceding the t.ext of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and ehall not conetitute a part of this Agreement nor shall t.hey affect ite meaning, conet.ruction or effect. 13 COIIMONWBALTH 07 PENNSYLVANIA I I I of ~~____, 2000, before me, a Notary Publ ie, the undereigned officer', personally appeared Don A. Bair, Jr" kno~'I1 to .. COUN'l'Y 07 CUHBERLAND On this, the ~day me to be the person whose name is subscribed to the wi thin Property Settlement Agreement, and acknowledged that he executed the eame for the purposes therein contained, NOTARIAL SEAL SUZANNE M, OEOERER, Notary Public Camp Hill Boro, Cumberland County My Commission EMpires Aug, 20,2001 COMMONWEALTH 07 PINNSYLVANIA II COUN'l'Y or CUMBERLAND On this, the ~day of ~_, 2000, before me, a Notary Public, the undersigned officer, personally appeared Tina M. Bair, known to me to be the pereon whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the eame for the purposes therein contained. NOTARIAl SEAl. SUZANNE M, OEOERER, NOlary Public Camp Hili Boro, Cumberland County My Commission Ekplrea Aug. 20, 2001 I , , " 15 2'INA If. SAIIl, PZ8111t1tt DON A. S-AIIl, JIl., " J::":::~llJor~!.. COHlfON Pr.,l&As or I v,,,'y, PENNsyr.,V-ANI-A I CIVIL -AC2'ION r.,-Aw I IN DIVOIlCE: I I 9S-153s CIVIL 2'lIlUt ~14~~ v. De t elldell t To the Prothonotary: 7: 'c ransml/ tl/e record, togel/IO/, With the r. II ' , o OWmg 111fo/'l1Jatioll, 10 the cOUl'l fa , ,. Om"", '" dI,_, '."'i" b/ I , 'Miry 0', dI._ "",,,.. 1 , '''''' d""'d" S~"M "O/I'J ""-- . D.. "'" mo.." 0' ..~"" 0' "m 'M'".,,,,-.e,,,;,,., , " " ---, J. Do" ., ""o."", 'h" ffld"i' ., . the Plaintiff.J!/6/(J/I , b~ tIle d^' d "o."" roq"~d hy S""M 310/('J 0' Ih. Oi...o C'do' b~ ------., ,,'" "'~. . , 4, Related claims pendin", N "'-l!QQe--------.. 5. 0.. Pi'i,,,",, W.i..", No"" I, , "" I' ) D'-- , \ e 1Voree wa~ filed with tl h Do. d",,,,,,,> W"''''fN ,. I '" 'ro, '''''''''' """ o Ice n ~ 330I(e) Divorce Wa iiI I ' s I e( With the pro/hollo/ary: 9/6/00 ~34k~ Attomoy for t e Plamtlff ~ Dale: September 6, 2000 I - ..,"'-., a. Don A. Bair, III, born May 13, 1996. Said child was not born out of wedlock. 10, Said child il presently in the custody of hio mother, Tina ~l. Bair herein, who reaideH at 547 Lexington Avenue, Mechanicsburg, Cumberland County, Psnnsy1vania. 11. During the put flve years, the child has reoided with ths following paraona and at the following addresses. a. From May 1996 to July 1997 with Tina M. Bair and Don A. Bair, Jr. at 2132 Canterbury Drive, Mechonicsburg, Cumberland County, Pennsylvania. b. From October 1997 to Present. with Tina M. Bair at 547 Lexington Avenue, Mechanicsburg, Cumberland County, Pennsylvania. c. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of thio Commonwealth or in any other Court in any othsr jurisdiction. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. There are no other persono who are known to have or claim a rJ.ght to custody or vieitation of the child, to intervene, 1~. The best interests and permanent welfare of the child and his physical, spiritual, emotional and moral well-being will be served by granting the rslief requested. wa...roas, plaintiff praye that a decree in divorce be entered divorcing plaintiff frem the bonde of matrimony between the said plaintiff and defendant. 21. Ae to Count I, that a deoree in divcroe be ontered divoroing Plaintiff from the bonde of matrimony between the said plaintiff and Defendant. a, Ae to Count II, in the alternative, should Defendant execute an Affidavit ooneenting to a divoroe beoause the marriage ie !rretrlevably broken, that a deoree in divoroe be entered divoroing Plaintiff from the bonds of matrimony between the eaid Plaintiff and Defendant. b, Ae to Count III, that this Court determine marital property and order an equitable distribution thereof. o. Ae to Court IV, that joint, shared legal oustody of t,he minor child, Don A. Bair, III, born May 13, 1996, be awarded with phyoioal oust~dy of the child to be with the mother, and liberal visitation of the child with the father shall be as the Court deems in the best interests of the child. d, Ae to count V, that Plaintiff be awarded ohild support for the 1. partiee' ohild. e. Such other additional relief as the court deemS neoeesary and appropriate. TINA N, BAIR, IN TNI COURT or COMMON PLZAS 0' CUMBIRLl\ND COUNTy, PINNSYLVANIA Plaintiff v. CIVIL ACTION - LAW IN DIVORCB DON A, BAIR, JR., Darandant 98-1538 CIVIL TllUl AlliDAVIT or CONSINT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed 011 March 20, 1998. 2. The marriage of Plaintiff and Dli'fendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Hnal decree of divorce after service of notice of intention to request entry of the decree, 4. I understand that I may lose rights concerning alimony, di vi,sion of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are tt"ue and correct. I understand that false Eltatements herein are made subject to the penalties of 18 Pa, a,s. ~4904 relating to unsworn falsification to authorities. Dated,# (/1.', )OZf(J .._._'~~~\,~~ Tina M. Bair, Defendant -- Sworn and sllbscrA9~d to befor~r;,O'1s LL.. da}'r!\ of "_, 2<L!..! . C ~:u O---{) 1/ l?7oMclJ Notary Public --- "'A. ~.......,... ClIIIIlI..... - . I .....d o.u.,., ... - .", \...... tll.... "0"1 .... ~. ~ ~') - t; ". ~: I'" 9 ,','.-(, () '8';' ',-)7.: )". . :t'. .)~ (l:l.' 'J .' J>: lO1ri C)\' , - - ,.~\(, "" ::: /J \T\!' ., ...- ."".0;,,>" t!\,; t\.. ,\I\D }~ '\ \.I.' i,q '- I (/) ~ \.... c? U C' 0 ..-1 .. \-. .' THIS AGREEMENT, dated ~ ,2000 by and between Oon A. Bail', Jr" residing at 132 E. Winding Hill Road, Mechanicsburg, Cumberland Count.y, Pennsylvania, 17055, Social Security Number 1.68-40-2560, hereinafter called the "Husband", and Tina M, Bail', formerly 1'ina M. Mulholland, residing at 516 Lexington Avenue, Mechanic9burg, Cumberland County, Pennsylvania, 17055, Social Security Number 166-52..1.847, hereinafter called the "Wife", who agree as follows: WIT N E SSE T H , WHEREAS, the parties are Husband and Wife, having been married on July 16, 1994, in Alluntown, Leigh County, Pennsylvania, The parties separated July 1997. WHEREAS, there have been issue of the marriage, to wit, Don A. Bail', III, born May 13, 1.996, hereinafter referred to as the Child. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apat't for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other inClUding, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal propsrty; the settling of all matters between them relating to the Past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and or maintenance of the Child, the implementation of custOdy/visitation arrangements for the minor Child of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW T/lJ:REFORJ:, in considsration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AaREBMENT NOT J\ BIIR TO QlVORCE PROCEEDINGS Thill Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. Thie Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences whIch have occurred prior to or which may OCCUt. subsequent to the date hereof, The parties intend to secure a mutual consant, no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3-19-91. ,2. nFII:CT OF DECRII:E, NO ~ It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such jUdgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties, The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 2 3. DISTRIBll'l'ION ~ The tranafer of. property, fundo and/or documents provided for herein shall take place simultaneously with the execution of this Agreement, .. ADVICB or COUNSBL This Agreement hao been prepat'sd by Ruby D. Weeks, Eequire, the attorney for Wife. Husband has not had counsel, Said attorney at the commencement of, and at all stagee during t.he negot.iation of thiD Agt'eement, informed parties that she has acted solely as counsel for' Wife and has not advised or represented Husband in any manner whatsoever, Husband, at the commencement of, and all stages during the negotiation of this Agreement, has been informed by Ruby D. Weeks, Eequire, that he has a right to be represented by his own counsel and has encouraged him to seek the advice of counsel. Husband has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it freely and voluntarily, 5. rINAN~ISCLOSURB The parti,es confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that neither party wishes to exercise their right to have appraisals by experts as to the value of the various interests of opposing party. They understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. ~WARRANTY or DISCLOSURB The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3 1.. OBTAINING INI'ORMATIOH_2JLFINANClIiS Each part.y acknow1edgeu that. t.hey have b~on informed t.hey may have t.he right, as provided by at.at.ute and PlHlllflyivania Ru1ea of Civil Procedure, t.o obtain information r'egarding tho partioa' finances. Such information would include, without limitation, their prenont and paflt. incomel and t.he identity and value of assets both presently owned and t.ranaferred previoua1y, Such informat.ion may be obt.ained by one or more of Bovera1 methods including deposit.l,ons upon oral examination, written int.errogatories, production of documents or entry upon property for inspection. The parties agree t.o waive any further discovery, ~~GHTS Wife and Husband may and shall, at all times hereaft.er, live separate and apart. They ahall be freo from any control, restraint, interference or authority, direct or indirect, by the ot.her in all respects as fully as if they were unmarried. They may reside at such place or places aa they may select, Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may SBem advisable. HowBvllr, each party uhall make best. effot'ts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 1.... NO MOLBSTATION Husband and Wife shall not molest. or interfere with each other, nor shall either of them attempt to compel the other to cohahit or dwell with her or him, hy any means whatsoever, Neither party shall harass or be verbally or physically abusive to the other. 4 10. MUTUAL.J\lLIIlASII:S Husband and WHe each del hereby mutually remise, re1eabe, quitclaim and forevsr discharge ths other and the catate of ouch other, for all t i.me to cams, and for all pm'pocell whatsosv",:, of and from any and all rightFl, title and interest, or c1aimn in or againflt the property (including incom<l and gain from property hereafter acc1,'uing) of the other or against the estate of such other, of whatever natUt'e and whereaoever situate, which he or she now has or at any time hereafter may have against such other, the estate::>f such other or any pax't thereof, whether arising out of any former actn, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curteey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will/ or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the united States, or (c) any other. country, or any rights which either party may have or at any time hereafter. have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, coste or expenses, whether arJ.sing as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of. whatsodver nature arising or which may arise under this Agreement or. for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, excepc and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 5 l.J . IOUnABLI~QlL.Ql..,f&!U1!U It is Speeff ically underutood /lnd agreed that thi" Agreement 1l0nstitutes an equitable distdbution of. prOperty, both real and personal, which was lllgally and beneficially acqu.ired by Husband and Wife or either of thllm during the marriage, as contemplated by 1'he Act of April 2, 1990 (p,J" 63, No. 26) known as "The Divor.ce COde," 23 P.S, 3101 et, seq, of the Commonwealth of Pennaylvania. And further, that the partie!! have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the fOllowing conaiderlltions I the length of the marriage, the prior marriages of the parties/ the age, health, station, amount and sources of income, vocationel skills, employability, eatate, Habilities and needs of each of the parties, the Contribution of one party to the education, training, or increased earning power of the oth",r party; the opportunity of each party for future acquisHion of capital assets and income, the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acqUisition, preservat,ion, depreciation, or appreciation of maritel property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the etandard of living of the parties established during the marriage; and the economic circumstances of each party at the time the diVision of property is to become €ffective. ll....-Rn.1 Bs ta te The parties recognize th"y preV,ously owned jointly titled real estate looated at 21.12 Canterbury Drive, l1echanicsburg, P&nnsYlvania 17055. This property was sold in February 199.9, with the proceeds, after satisfaction of the mortgage, being split equally between the parties. 6 ~Di.tribution of P~onal PX2R~1 The partiee hereto mutually agree that they have effected a satisfactory divieion of the furnitllre, hOllsehold fllrnishinge, appliances, and other hOllsehold pernonal property between them an per Appendix "A" attached hereto IInd made II put hereof, IInd they mlltually IIgree that each party shall from and after the date hereof be tho solt. and ssparate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in th" individual possession of each of the parties hereto, The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital pt'Operty, or of the separate personal proper'ty of either party, which are now in the possession and/or under the control of the other, ShOUld it become necessary, the parties each agree to sign, llpon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible pereonal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the caBe of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Hueband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of social security benefits to which either party may have II vested or contingent right or interest at the time of the ? signing of. I:his Agreement, and neither wIll ,,'ake any claim agalnet the other for &ny intereet in ouch benefJ.tn, From and after the date of the oignlng of this Agreement both partltls shall have complete freedom of dlspoflitiOll as to their oeparate property and any property which in in t1lOh' ponnennion or control pursuant to this Agl,'eement, and may mortgage, eell, grant, convey, or otherwise encumber or dispose of ouch property, whether real or p"rsonal, whethel' such property was acquired bef.ore, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property, ;1.4. asnara~. (1) Husband hereby waives all interest in Wife'S property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. 15. Motor Vahicles. With respect to the motor vehicles owned by one or both of the parties, they agree as follows, (a; The 1986 Dodge Caravan presently titled jOintly, shall be titled to the husband at his expense. When this is accomplished, the Husband shall provide the Wife with proof of his having the automobile insurance coverage. (b) The 1989 Ford Probe, titled Husband shall become and remain the sole and exclusive property of the Husband. There is no debt owed on this vehicle and husband has given his brother this vehicle. (c) The 1991 Mazda Protige titled to Wife shall become and remain the sole and exclusive property of the Wife. there is no debt owed on this vehicle. 8 16 rILING INVE~ORIE8 AND APPRAISEME~ The partJ.ev further acknowledge their understanding that they each have the right to file Inventorios and Appraisoment with the Court and to require the other party to do so, Such Inventories and Appraisement require a party to indicate, under oath, informatIon regarding all marital propertl' in which either party has an interest ao of the dote the action was commenced, Fully knowing the same, ea"h party nonetheless waives their respective rights to requeot additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so, 17. AFTER-ACQUIRED PERSONAL fROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all Hems of personal property, tangible and intangible, subsequently acquired by the other party. 18. FUTURE DEBTSI Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurrsd by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the finandal obligation of the other and which have been contracted by either pal.ty solely for their own benefit and without the knOWledge or consent of the other party, Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. Wife agrees to be solely responsible for the repayment of the credit Card debt in her name and the Husband agrees to be solely responsible for the credit card debt in his name, 9 19. WARRANTY-ALTlLtltISTING OBLIGATIONS. Each party reprosents thllt they have not heretofore incurred or contracted for any debt or liability or obligation for which the eetats of the other party "lilY be responsible or liable except ae may be provided for in thls Agre!JIllent, Each party agrees to indemnify or hold the other party harmlese from and against any and all such dobte, Uabilities or obligatione of every kind which may have heretofore been incurred by them, including thoee for neceeeities, excl'pt for the obligations arising out of thi e Agreement. 20. RETIREMENT FUNDS A. The Husband, who has been employed by Haddon Houee Food, Inc and Sheetz, Incorporated, and has accumulated benefite in hie retirement account, It ie agreed by the partiee that the Wife ehall waive any intereet she may have in any of the benefits, including retirement, which the Husband may have ae a result of hie employment, B. The Wife, who ie employed at Giant Food Stores, Carliele, Pennsylvania, also has reti,rement and other employee benefits. It ie agreed by the partiee that the Husband shall waive any interest he may have in any of the benefite, including retirement, which the Wife may have as a result of her employment. 21. DIVORCE Husband and Wife agree that Wife shall file a complaint in divorce eeeking a divorce on the baeis of mutual consent. Husband and Wife both agree that ninety (90) daye following the filing of a Divorce Complaint by Wife that both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Wife agrees to pay all counsel fees, costs, and expensee incident to obta.i,ning the aforesaid divorce. 10 AND the parties hereto etate and agree that this Agreement shall. not in any way be construed as a collusive agreement., 22. ATTORNBY FBBS. COSTS' BXPINSBS The partiElfJ agree t.o waive receipt. of and to be t"esponsible for t.heir own attorney fellS, costs and expennen in connectIon with the negotiation and preparation of this Agreement and the granting of a divorce decree. ~~EACH OF,AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to Bue for damages for breach of this Agreement or to rescind Bame and seek Buch legal remedies as may be available to them, The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 24. LAW OF PENNSYLVANIA APPLICABLE Thie Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 25. AGRBBMENT BINDIN~ ON HrI~ This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26, SBVBRA8ILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, 11 effect anu operation. LIkewise, the failure of any party to meet her or hia obligationa under anyone Ol' more of the paragraphs herein, with the exception of the satisfaction of the c:onditions precedent, Bhall in no \~ay avoid or alter the remaining obligations of the partiea, 27. INTE<lRATIQH 1'his Agreement constitutes the entire wlderstanMng of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, 48. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of thIs Agreement, The failure of either party to insiet upon strict performance of any of the provisions of this Agreement shall in no way affect the right of euch party hereafter to enforce the same, nor shall the waiver of any breach of. any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be c:onstrued as a waiver of any subsequent default of the eame or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. WAIVER OR MODIFICATION TO BE IN W~ITING No modification or waiver of an;' of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent defaul t of the same or similar nature. 30. SUBSEOUENT DIVORC~ The Wife has filed a Complaint in Divorce against Husband in the near future. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event euch divoroe action is concluded, Husband shall be entitled to receive a copy of the Decree 12 in Divorce for the normal fee charged by the prothonotary and ahall not be assessed any coats of the proceedIng, except as previously agreed to herein in paragt'aph 22, In the event. Buch divorce actIon is concluded, the partl.ea ahaH be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and thia Agreement shall not be merged in such Decree, but shall in all respecta survive the same and be forever binding and conclusive upon the parties, lL-MI1TUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of gIving full force and effect to the provisions of this Agreement. ll...- OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) clays after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or ouch other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effecti'lely the cerms of this Agreement. 1L.. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 13 'UNA M, BAIR, PltJintiff I IN THE COURT OF COMMON PI.EAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIl. ACTION - I.AW I VB, I NO, 98 - 1538 CIVIl. 19 DON A, BAIR, JR" Defendant I : IN DIVORCE STATUS SHEET DATE: ~.gTI\'I'UES : 7/31/00 r7;~~ HI iiiHI 0:: .\ 00 .111\ \ J " 'J' fi'} {,',. \-i ' rH .,. "" C.UMUJli,Jfl,,)uCJIH 1 PENi'liWl)Ii\NI.'\ 4. PlaintJef haB no information of ,l clHltoely proceeding concerning the child peneling in a Court of this Commonwealth. S, Pll\intHf doe" not know of a pernon not a party to the proceedings who has phYBical custody of the child or claimll to have cuetody or Vi"itation ri9hta with rOllpect to the child. 6. Each parent who",,, "arental rIght" to the child haa not been terminated and the peraon who hao phyaical custody of the child has been named as pat'ties to this Hction. There are no other penJOns who are known to have or claim a right to custody or visit.ation of t.he child, so none will be given notice of t.he pendency of this actton and the right to intervene. ? Pursuant to the CUstody and Grandparents Visitation Act, the mother requestR thio Court to grant an award of shared legal custody to her. a. The mother requests phyaical custody of t.he child in that she is in a better position t.o provide consistent. and stable care for the child and with both parents. she is the parent more likely t.o aasure that the child have a relationship 9. The best interests and petmanent welfare of the child and his physical, relief requested of shared legal and primary physical custody with the spiritual, emotional and moral well-being will be se!:ved by granting the mother. 10. Plaintiff mother prays for an Order awarding shared legal custody of the minor child, Don A. Bail', III, born May 13, 1996, to the Plaintiff mother and with shared legal and partial physical custody awarded to Defendant father as this Court determinea is in the best interests of the child. WHBRBPORB, Plaintiff mother prays for an Oreler awarding shared legal custody of the minor child, Don A. Bail.', III, to the mother, with primary physical custody to the mother. ~ J...~('\'" Date I ,,)\J \J\j \ ,-- Respectfully submitted, '-'-_.\~~,,~ \~ ~ ~~ Ruby D. Weeks, Esquire Att.orney for Plaintiff 10 West High St.reet >- 1I) ~~: IT; c.; ""~ ~(,'.: ~- .. ::~) ~1: 1J1Q S1 ~ r . J <.)..-;" f....) , Ci:-~./ .'...., t,J~ ~')r. ..;;; ("J ~;J r (. ',iff:> @,:l 1 ., -/ 0., ~" ,'-~ -'\ , {'nf tC .~i.' ('." ni.n I,': n. in 0.. o<i: :r'i u,. co ::) 0 dO, 0 I 1 I I ,"""'~ 't'l."~ ". ,,~'I.'" \I\..\.nl:.\.tt , , , , , , I 0" \1'\.19-& Of ~'t of col#/ ~1l'l'\.l"~'I.~ 'I." 't\\~ _:~ cO~ I \I~ c~~"\>I'"-- ct"1.'\.I t.C'ttO" 0 '\,ot.'f\ t" tlt"O"C~ C1.'lt'\.l 't~t\1'\ 9110\1)')11 'l' ..~'I.'" .1". I n.t.na.nl:. tiC" ~, .. .. I g!. ~ a'~'l. >>'to>>e'tt.)' !l\et\t. ot at\GIW>>'ta\.lll' a't\o. a'l.'l. 1.'t\'iet\t.o't'; CO!l\!l\et\ceo. to'l.'l.o'li\.t\<;l ct.\.o't\ 'liall t\.'l.ell t.\\6 t.\.!l\e t.\\\.1l a '" 'Pa\.'t at. t.\\e "", . """, ,..., ,..,.. ,_nO . 0' ......... ., . .''''' ,,,"0'''' .",., ,'" '''''''0<' .no .,," ""," 0 ,,,h' n " " . ".. "",.'0 .,. ."....... ._".. .......n" ".".", . h" . "" ... "n" .",,' ..,,, ..."''' ",.,,'''' _." .no'" ",..,'" .. ".. ,. .. ".... .. ,.,. ."," at\G co,,'tect.. at '\.11 ?a. "e1\a'l.t.\.ell t.\\e ~ aut.\\O't\.t.\.ell' a"e t.'tue . t.O Ilu'o-)ec- !l\aGe .t\.cat.\'O't\ t.o ta'l.Il' ~.'Pa\.'t tlat.el f.....m 'a. ~~l.f.I. ", ,"". " "bbra ,..1 tTBM VAI,tJlo: AT V^"tJiI AT IN WU'f,lEl IN IlllS0ANO' U DATE (,r J'R~.'HmT ~'O[lnBO!lION I'<)HHES!] ION gBP^,I^Trot~ - -'-' Marftal Pro""rtv - 1991 Mazda 1000,00 1100 00 tl00.00 1989 Probe \600,00 '00 00 900,00 19f18 Van 2200,00 900.00 900.00 (husbllnd w!"tICked it) - 1'1'0 Checking account Farmers TruBt ~59 25.00 54,00 54,00 N!D Term Lite Insurance with a.tant Foods -0, ,0, -0, $12,000.00 no eaRh value --- r---' Nite's retIunl81lt IHJCount with Prudeut tal 1/28/91 45891,29 45897.29 45897.29 Hite's Persollal Pl'OP~ . See attached list 4,500 .00 4,500 00 4500 ~ 00 Husband' 8 Ptlrsonal Propel'ty . See attachod 13,100 ,00 13,100 00 13100,00 liot . TOTAL Morllol ProDOrtv 69 122.29 66 451.29 52 451.29 14,000.00 I Hon.""'rl.., Wife'. Nife'. 401k with Giant Fooele started in 1998 .0- 6300.00 after separation - Nite's retireMent account with pl'Udentlal. 197n.S!i non-marital Ahare -- - .. - - - TOTAL Wife.'. Soporoto Proporty 26 092.55 0.00 0,00 . Hon......., I'. SUMMARY or PRBSBHT. VALU_a Tina M. Bail' Page 2 of lS 6/30/00 -- ITIM V^"UR M' VAI.t!r. M' Ul WU'v,'!1 IN UUIIIJAIUJ'fl "An OF' l'tUWHNl' l'O!l!ltWllloN l'09f1iHl!JION - Ut':l'AN,.,1'WN - - TOTAL Hu.band'. ....rat. Pr-rtv . ORAND TOTAL Morttal & Non'Marltal 0.00 0.00 52,451.29 14,000.00 Pr_rtv "- n'. :Ill:! Canterburv Drive 262"17,4) 262'/"',43 131]9.'12 DUO,71 TOTAL 262n .43 26 277.43 13.138.72 13138.71 . l..lmwlln RESPONSIBH: rART'i WIFE HUSBAND __ Mort"'....., satisfied at ~ettleme~t 1/8/99 -0, .0- Van Loan. paid off by ~ife after 21i95 00 2686,00 .;~arationJ va~ was wrecked by the husband Wife'. Ma8terCArd 2000.00 2000.00 ~'ld'8 Visa 6000,00 6000,00 W'. VI9A 54171224169)1184 2052,18 2052,78 - -- TOTAL L tabll It,.. 12738.78 0.00 me.78 6000,00 Tina M. Bair Page 3 of 15 6/30/00 '-' ~ ... 41 .~ 41 rl ~ :i ~ a '" ~ '" 01 '0 ,~ '-' Oz .l<: " Z M,-, e ~~ .<1111 f-o U 0\ '-',,'" Ho::! " S ... C - 41rl 0 0 41 or' 41 0 0 '1-' U N .... ," U rl ." '" '" :0 Ill"'.. :0 N '" lO '0 0\ 41 '0 0\ .l<: H U f@z ~ 41 i:jt '" ~ N 'd I-< Ul III I-< 0 0 o ~ Ho::! tJ 41 0 0 " .g O.Q 00 ~ '" <> ." 00 ." '-' N '" o ~_ '" 0 U '" N o:UP H ,., 0 '" N 0'1"-.... '0 f@z ~ ~~ I-< 0 1>1 0 <) Ho::! '-' 0 '" '" 0 lO 0 , H .-, rl '" '0 0 ZZ III ~~ 'd N ~ '" 0 0 0 .... .':! ..., H f-oH f-oclfZ '" ~, ~ !;:~ r", f-o <':1-< ~",t:: 0 0 0 "'H D:QH ~ffif;l HrJ Hr>: ~I OUJ 0 UJ l!J~~ ~~ I~ tlH fJ~ H "'H l!JUJu)~ ~5 I-<OP ~H UJO UJ 0 ;jJf-on. g~>< OlD: ~CJ 8~~ >~[;J ;>n.~ ~~ ,'" '" Q1>I Q~ OlO a a i rl III ~ .<1 " 41 ~ ~. 'flal .8~ 01-< ~ o I-.'-' 1:: 41 ~'-' e,1 1),41 .<1 oJ'-' '-''H 'g 0 n ,... !'i rl 0 III " " ~ ~ PI .... I-< rl 41 ~I 'fl ~ 0 ij~ 'I-l 41.<1 Q,-, .... ) ... o :tj>. '... rl '-'rl 1 > ." ~'d <i -,,, o o ..... o M ..... lO '" rl .... o lil 41 111 ~ ~I .... III P'l :E III .~ I-< '0 ~z ffi~ ... III H~ rl g III _ ~ Ij) ""' ill 41 III A en 'r-! -rl '" ~ Pal m ~ fJ ""' .Q (), III <l III 0.1 'rl :;j H.w 0 IIi Q, III " o o rl '" rl o <:> o o rl '" rl Q o '0 Pz :<; ~& H~ rl ~ilI:; o ill III tI) lIJ'M ~-..... ill Q, >. 'tl ""' ill 1Il~.c: - ill (J ill Q, III "'0"", 'M H .w ~ Q, III ""' <l 'rl ~ o o o o '" ... o o o o '" ... '0 ~z ~& H~ ""' I ~.c: 'rl.j.) ~ 'M rl ill ) III ~ 'rl ""'""' :"H ilIO'tl .., (J::1 'r-f U H :':Illo. 41 .., 'rl ~ 0\ t- '" 0\ '" COO\ "'CO '''' "'... 0\ N " 0\ co '" ... '0 ~z ""' ~ ~ H~ ill .., 'rl.c: "I"", 'rl p~ ill ill 8 ... U III m '" - N"", ill ::1 m ill :::: ~'rl ~ ~HCi ~ ,Cl III III U o Z ill ::1 ~l ~ .c: '" III U ~ ill ::1 rl ~ '" o Ii': o H !i:~ Bgj UlO ~g; o "' , ~1 ... ~1 ~ 11; ...""iZ <(1;[8 ~ t.l . ~~~~ gjr.. :;IoE5 ~~H <( .' <>:IOIH o Ul r..H !-' 0::' U) (JI OUlU u<(<( ~ '" ~j !o ~1 ~ 101 ~ E~ J~ "I '" "'''' ~1 0 ~ ~ ffi H H r.. o E5 H '... ",1; f) (I) H ~& <(u '-1<( '" o E5 ~r..~ S~~ ~r31:l h4 hI o 0 ~ ffi ~ ffi ~ ~ ~ ~ eJ ~ g o o , o '" -- ID '" rl .., o " ~ ~ I I I ), ~l 'rl 8l J: Rl <l 'rl ... it !L tJ '& o o ..... o '" ..... '" 1/\ rl ... 0 , ex) 1h S! i iii .~ I; OJ .... .~ <1 '~, ~l 0 .~ 2' ,.., '" . :>. OJ t' ~~ rn ' dj PI ~ '~ ~,~ .<:l ~ <1 .8~ ., H.... O'tl H OJ OJ'tl .cl ::J ..,.... '... u 41 ~ i .c1 uii '... i 0 ~ .., ,~ 'tl I ~ :>.,... 1:: "~ OJ U go J.l ,~ ~ 0- .cl .... () :J;a '... :t m g , rn g H s:l 8- .... H .... OJ "'il rn 0 ~:>. ::a ..,.cl f'~ ~l .... 0 OJ :>. A.... ~.... ,-~ .... I> :::::8 .... ~ .." .~ .., III rn .... 41 '" H 41 ~.., -,~ '0 Oz :II f' . V rn H~ 0,0 ZZ ~.., 1 OJ rn ~, ~ '0 gz ~~ I~ rn H~ .., <I <I ~ 0 s:l V '0 H.cl I H f@z 'r! +J m .u 'rl rl ..c:f ~& V :0 III rn H '... lfl ..,..,.... lfl rn ~ <I III H::! - 41.., N tV 0 "d..... 0\ .... () e ~, " '... u ~ 0\ ~ III '" rl - ~ 8 ~ . '0 .., f@z m .., .... ffi ~ Cl 0 ~::! 3 0 '" co 0 rl .... 0\ , , 0 0 ,,' 0\ 0 0 M '" ~ rl , I '" 0 ~ M 0 fg~ -... ~ ~ ~ r>1 ~ ~ ;;J z ", [~ f:l ;,;r>10 0 ~ 1!io H ~, hH ~ ~ 1i:~ ~ h ":h ~ ~I ~ h ~ 0 0 0 ", H ~ClH ":ffi18 B~ jl OUl o Ul ~~ ~ ~ ~ I~ r>18 ~H hO::> [gUl("~ ~~ gj~ ~~ Ul 0 ;;Jh'" O~U ;,;~ffl ~lli~~ ;;::-J "'''' u ..; o o -.... o M ';0 lfl ... .... o 0\ V m III Q, H '... I1l :0: .m h '0 ~z ~ ~ ,-, ..':! . 0 ~z !~ H~ '0 ~Z ffit f-< '" H~ 8 '0 'rl .., Q ~z III 0 H 'rl ~~ Ill'" 0,", ~~ H~ H ..,.., '" Q o 0 '" u H ill .., ... '0 III ~z 'tl '" ill ill .., 1::orl'tl in III 1::2: I::~ .., III III '" 0, H III IJl <11 o. Ill.cl ill :<: .., '" f>1 ~ ~ ~ H P ..:l f!J J>. ~~ 1:: 0 H~ t:l J>.H~ !JH {/)f!lf-<t:l f>1..:l ~ HtJi@; J>. f:llj 0 ~1j g: :xl o o "- o '" "- III III rl ... o o '" ill E ~ \ II: .~ ~ ~ H ~ f>l ~, Ii! '" '0 ~Z ~~ ; Ul >-'.!2 . . 0 OZ Z ... ~ ~ j-i ~ , '0 ~z fJ ~ 4J Ul H.!2 '0 ~Z ~~ ~~ ~ '0 f. ~Z 4J , ... ~, '" ffi ~ ~ '" ,... 4J '" 01 ~.!2 u Gl \0 III 4J ... Gl " N 01 ~ N> l:l ..... " '" t: r<j.r-j '... '" N N rl " 15 '- '" '" 0 NQ rl N H :.: ... J. ~, J<. 0 0 f>l 0 0 g]~ ~S ~~ f-j o-l ~ >. l'3 ~ Z ..:1 Z J<, 0 ":OJO 0 H >-, >HH J<.O ~ III !i:j:: J<. J<.gj f-j ";H ~ <>: 0 Of-jgj " 0 J<.H fr.QH ~, OJ ~gj Hf:j Hgj ,~ I OJ<. 000 o 00 o ~, ~";J<. ., ~b. 00 H '" H g] 00 ~f:j~ f:j~ t:H > OJ~ Sf] HO::> ~~~ ~o-l 000 !O ~ 00 0 ~~~ OJ 0: 8~~ S)i~ ~~ Q .1 ... Ul 4J " 4J " ,~ 4J rl ~ 'i " o rl ~~ rl 4J III >. ~ $ 1l~ ID lJ1 ~~ o 4J ~~ il~ .84J "fl o " ,~ llil U '.-I '... ) 4Jal 'fl H '... " ~ l~ ,~ m >.b ~ ~ g' ,g " l),Ul III ';;j.<:l ".<:I .... u " .... mi rl . .... ~fl -) " .... .... '... rl ...rl l:l '... Ill'll rl' '" -:a o o ..... o M ..... '" III rl .... o rl rl ~ III '" " '... 18 IE: ,m H '0 !f.z ~~ H.:2 '0 ~Z j.J ~ m H.:2 '0 ~Z ~~ H.:2 g~ ~~ H.:2 '0 ~Z j.J ~ m H.:2 l'< 0 gj fH OH ~H o o ...... o 1'\ ..... '" III l'"1 .,. o ~. 111 ~ "" i , :r, ~ ID '... ,.J .... rl '.1 ~ ;.q ~ ~ 'j iJ , ,~ ~ B tJ QI Q ~ Q ...... Q ~ 1'\ ...... '" 0 .. QI rl ~ ~ .... rl 8: III ~ W a iJ .... a QI ~ 9 .t:l .. 111 ) rl 0 ..... .... 1l 0 1'\ iJ rl III QI .... ..... 01 ~ ~ ~ g w .... iJ 2J i .... .... iJ ..... I .... .... ..... ID ~ .... ~ u :::l iJ m ~ III ~ .... QI ..... ';;j al iJ ~ . ~ ,Q III QI ~ ~ ~ ~ W iJ ..... I 't:I ~ ~ u ~ ~oc ~ QI III ID III U ID ~, g iJ 0 III iJ QI U ~ U III .J H ~ I III III III III III .... .~ -.~ .' ~ Po H 'g ::J ~ H ~ m ID ~ iJ ~ ~ t: 1l <l e .... ) ~ & iJ ~ 0 . .., 0 f '... iJ lj 0 0 iJ U Po I: ......... H 0 H Z 0 JI"'" I I .~ .~ .B . . . . '" rl '" III QI I rl N M '" 111 '" r- oo '" .... .... .... 1-. ~iJ <l ~ - 0 !II Ul ~ ill W 4'J 41 11 '" 0 ~ g Ul H & >. ~ ..c1 ... 'rl ~ W 0 ill g ~, It1 Ul ill ~ 8- Ul ..c1 ... ~ 0 .Cl W 0 J::j w a ill ..c1 ... M .rl ill '" Ul 0 ill Ul 'rl ill ... 'rl 'rl ... .-i 'rl 'rl .-i {j 'rl 'rl {j .-i 'rl '(j .-i ~ .-i .-i ill It1 '" Ul ill ... 'tl Ul W 'rl 0 .-i ... ... t ~ lJl ,~ '" ... ill g '" 8 0 Ul W 'rl ~ 1l g 15 '" E-< '" 'rl " . ,~ M ... .0 .-i rl rl It1 .-i A. ... ro 0 rl .-i .111 M ~G 'l) 1t1\O Ul.-i ~ 'd .,.1 'lilt 11 :~ ~"1' N 00 N H ,~ Ul.-i " - t- j d.l r! N "'''' >0 'rilll 0 :J:# N 0 It1 ,Z Ul 0>0 'd z" :> ffi'" Ul ~, H'rl - ~ 0 H{j 0 'rl 0 H .0 ~ 0 0 \0 'tl ~ ~ 0 W '>0 ill 0" " Z'rl Ul iJ.i.-i ~ r,o'r-! 0 H ,9 Ul 0 toot ,~ ill 0 H '" 0 'rl 0 :J: N ~ '" 0 0 '" .-i '" Z rl '" '>0 '" 0" 0 z'rl .0 'tl .-i N ffi'rl ~ 'rl W 0 ... It1 H ,~ 0 ill 0 0 P, H'd H .g .0 \0 ill H ~ P N r' '''' 0 .0 00 O'rl :> 0 M N ':J: 0 Z 0>0 Z" 0 'rl ffi~ ill 0 lJl ~HJ It1 0 lJl 0 'rl ~ 0 H 00 , 0 ... 0 'tl :t .-i , ill 0 ; W Ul I<. ~ U H 0 ~~ ~ ~ W ~ ~ H~ 0 ~ ~~ ~ 0 z Hi'=: I<.&l ~~ 1<.1:: 0 Ul I<. o H ~ !;:H O~ OUl R' ::1 ~ HI<.H I H..:I ~ ., Z ~~~~ g eJH UlH Ul~ ..., 8~~ ~~ W (<1 Ul~ ~D< ~~ o HA. ~!:J .rl WH (<1 ~::1~ ~H;':W w "'..:I '" ..:I"'Ul "'''' 0 It1 o o "- o M "- \0 .0 .-i '" o ... rl ill lJl It1 A. W .,< III D< . :t ~ 'rl H .~,,<<.:..;.-,-,...,,~I'~-"r'" TINA M. BAIR. IN TN. COURT or COMMON p~IAS or CUMBB~LAND coUNTY. PBNNSY~VANIA CIVIL AC'1'ION - LAW IN DIVORCB Plaintiff v. CIVIL TIRM DON A.BAIR. JR.. 9S.1S38 Defendant VlC'nMB Mlll_IXPINSI STATIMlm: ~ = M. BAll!. iACS Ii 90410003!l. I, Tina M. Bair, by and through her attorney, RubY p. weekS, ESquire, herewith fileS her InCome and Expense Statement. I verifY that the statements made in this Statement are true and correct. , .","",,", ",., ",.. ,,,,,~",, ",,,,," ." ~d' ,.oj'" '" '" ,...,,,.. ". 18 ra. C.S. &4904, relating to unSworn f.alsification to authorities. ""~;~~~~ Tina M. Bair Date~~~ " -'\. " '... ,.... ,~: !~ . - 0; ~I i : i .; ,. , ,:i'J /T;>-' , <<~~ ...'~ 'fdtQ r l~ " :t,'~ 0:.: (') 1:~1 tj (,'~) '1":..' ~ . , . TINA M. BAIR, Nfl V Ii /IHH\ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff va, NO. 98-1538 DONALD A. BAIR, JR., Defendant CIVil ACTION - LAW CUSTODY QRDER OF CQ!J.BI AND NOW, this _ '7 !,l_ day of ~~ ~ L ~L_, 2000, upon consideration of the attached Custody Conciliation Summary Report, it Is hereby ordered and directed as follows: 1. legal C~t2ctJ', The parties, Tina M, Bail' and Donald A, Bail', Jr" shall have shared legal custody of the minor Child, Don A. Bail', III, born May 13, 1996, Each parent shall have an equal right. to be exorcised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion, Pursuant to the terms of this paragraph, each parent shall be entitled to all records and Information pel1alning to the Child including, but not limited to, school and medical records and information, To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2, Physic~1QQy, Mother shall have primary physical custody of the minor Child, Father shall have partial custody arranged as follows: A, Thursday, or Father's regularly scheduled day off, from 6:30 a.m. until 8:00 p,m.. To commence November 11,2000, each Saturday from 4:00 p,m, until Sunday at 6:00 p,m, on alternating weekends, The alternating weekends are to be arranged to include Father's weekend off from work, during which time his custodial period shall be from 6:30 a,m, Saturday until 6:00 p,m, Sunday, 3 The partieG may modify the weekend plan as they shall mutually agree, However, in the event that a request for a switch in the weekend plan is made upon less than a 48-hour notice, it shall not be unreasonable if the party not seeking to switch is unable to do so because of previously scheduled plans with the minor Child. 4. The parties shall be responsible to take the Child to various birthday parties or social activities which he may have scheduled during their custodial periods, 5, The parties shall keep each other advised of any changes in their work schedule which may impact the custodial plan. The parties shall also keep each other informed of any change In their address, home phone or work phone numbers, I No, 98-1538 e, In the event that either party Intends to relocate at a distance which will prevent the use of the current custodial plan, that party shali provide a eO-day notice to the other party and attempt to work out an alternative custodial plan, In the event that a new plan cannot be agreed upon, either party may petition the Court for modification of the custodial plan whereupon the parties shall return to the Custody Conciliator for an additional Conference. 7. The parties shall attend the Seminar for Separating Parents provided by the staff of Inner Works, At the conclusion of the Custody Conciliation Conference, both parties were given a copy of the brochure and is therefore their responsibility to arrange for their attendance of the Seminar within 120 days of this Order. 8, Holidays, A. Qhrlstm~, Christmas shall be divided as follows: from Christmas Eve at 10:00 a,m, until 10:00 p,m, is Segment A; from 10:00 p,m. Christmas Eve until 8:00 p,m, Christmas Day is Segment B, In the year 2000 and in even-numbered years thereafter, Father shall have Segment A and Mother shall have Segment B, In odd-numbered years thereafter, Mother shall have Segment A and Father shall have Segment B. B. Child's Birthday, The parties will arrange for the Child to spend time with both parents on the Child's birthday, C, Father's Day/Mothe(sJ2a~, Father's Day shall be with Father and Mother's Day shall be with Mother. The times shall be arranged in consideration of the parties' work schedules. D. Qther Holiday.ll. Other holidays shall be divided into two groupings, Group A shall be Memorial Day, July the 4th and Labor Day. Group B shall be Easter, Trick-or-Treat and Thanksgiving. In odd-numbered years, Mother shall have Group A and Father shall have Group B, In even- numbered years, Mother shall have Group B and Father shall have Group A. This schedule shall commence In the year 2001, For the year 2000, Mother shall have custody for the Thanksgiving Holiday, 9. During any perlDd of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of Intoxication, The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition, TINA M. BAIR IN THE COURT OF COMMON PLEAS or Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.. CIVIL ACTION - LAW CUSTODY DON A, BAIR, JR. Pehndant H9a-1538 CIVIL TERM ORDER OF COURT AND NOW, this _____ day of _, 20_, upon consideratIon of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the __ day of , 20_, at _ _.m., for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be l'reoent at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans wJ.th Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE TflIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TRLEPlIONE THE OFFICR SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Ltberty Avenue Carlisle, Pennsylvania 17013 71 ?-249-3166 .;.."..-.... j\ . ..4j' RHllvr 1\ wn\! ~ 9 7000 Plaintiff IN THE COUHT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. BAIR, vs. NO. 98-1538 DONALD A. BAIR, JR" Defendant CIVIL ACTION - LAW CUSTODY ORDI;a..OF COURT AND NOW, this _-1_th __ day of J10ftrrilie~__, 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 'I. LegaLCJ.lmmly The parties, Tina M. Bail' and Donald ABair, Jr., shall have shared legal custody of the minor Child, Don A, Bail', III, born May 13, 1996, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but nolllmlted to, all decisions regarding his health, education and religion, Pursuant to the terms of this paragraph, each parent sholl be entitled to all records and information pertaining to the Child Including, but not limited to, school and medical records and information, To the extent one parent has possession of any such records or Information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2, fh~lcal Custody, Mother shall have primary physical custody of the minor Child, Father shall have partial custody arranged as follows: A. Thursday, or Father's regularly scheduled day off, from 6:30 a,O\, until 8:00 p,m.. To commence November 11, 2000, each Saturday from 4:00 p,m, until SLII1c1ay at 6:00 p,m, on alternating weekends, The alternating weekends are to be arranged to include Father's weekend off from work, during which time his custodial period shall be from 6:30 a,m, Saturday until 6:00 p,rn, Sunday, 3, The parties may modify the weekend plan as they shall mutually agree, However, in the event that a request for a switch in the weekend plan is made upon less than a 4B-hour notice, it shall not be unreasonable if the party not se(lking to switch Is unable to do so because of previously scheduled plans with the minbr Child. 4, The parties shall be responsible to take the Child to various bir1hday parties or social activities which he may have scheduled during their custodial periods, 5, The parties shall keep each other advised of any changes in their work schedule which may impact the custodial plan, The parties shall also keep each other informed of any changa in their address, home phone or work phone numbers, ... No. 98-1538 6. In the event that either party Intends to relocate at a distance which will prevent the use of the current custodial plan, that party shall provide a 60-day notice to the othe! pllrty and altemplto work out an alternative custodial plan, In the event that a new plan cannot be agreed upon, either party may petition Ihe Court for modification of the custodial plan whereupon the parties shall return to the Custody Conciliator for an additional Conference. 7, The parties shall attend the Seminar for Separating Parents provided by the staff of Inner Works, At the conclusion of the Custody Conciliation Conference, both parties were given a copy of the brochure and Is therefore their responsibility to lurange for their attendance of the Seminar within 120 days of this Order. 8, Holidays, A. QhMl~, Christmas shall be divided as follows: from Christmas Eve at 10:00 a,m, until 10:00 p,m, Is Segment A; from 10:00 p.m, Christmas Eve until 8:00 p,m, Christmas Day is Segment 8, In the year 2000 and in even-numbered years thereafter, Father shall have Segment A and Mother shall have Segment B, In odd-numbered years thereafter, Mother shall have Segment A and Father shall have Segment 8, B. J:;hlld's Birthday, The parties will arrange for the Child to spend time with both parents on the Child's birthday, C. ~ayIMother'tl2g)', Father's Day shall be with Father and Mother's Day shall be with Mother, The times shall be arranged in consideration of the parties' work schedules, D. Q1her Hollday~, Other holidays shall be divided into two groupings, Group A shall be Memorial Day, July the 4th and Labor Day, Group B shall be Easter, Trlck-or-Treat and Thanksgiving, In odd-numbered years, . Mother shall have Group A and Father shall have Group B, In even- numbered years, Mother shall have Group B and Father shall have Group A. This schedule shall commence In the year 2001, For the year 2000, Mother shall have custody for the Thanksgiving Holiday, 9. During any period of custody or vlsitatlon'the parties to this Order shall not possess or uSe controlled substances, neither shall they consume alcoholic beverages to the point of Intoxication, The parties shall likewise ensure, to the extent possible, that the other household members andlor house guests comply with this prohibition, , , ." """ 98-1538 10. This Order Is temporary 111 nature. This Order may be modified by mutual agreement of the parties, In the eVent that the parties cannot agree, this Order shall control pending further Order of COllrt, BY THE COURT, IS//i!~1L1 Dlsl: Ruby D, We~ks, Esquire. 10 W. High Slree!. Carlisle, PA 17013-2955 Marianne Murphy, I::squlre, Legal Services, Inc" a Irvine Row. Carlisle. PA 17013 TINA M, BAIR I'LAINTIfIF IN Tllli COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v, 98-1538 CIVIL ACTION LAW DON A. BAIR, JR. DLlfIf!NDANT IN CUSTODY ORm:R 0/1 COIIRT AND NOW, _ Wednes~J~!!B!l.!l_!4, 20~__........_. upon consideration of the attached Cotnplaint, it is hercby directcd that p1l11ies and lheir rcspcctivc counscl appellI' bel(l1'c_l\o!e..~~!~~, Gt:..c,evy, E..s,q,---_. the conciliator, at___-1~1 MI.'ket Street, Lemoy-ne, PA 17043 .. on Monday. Sept~mber 16, 2002 at 8;30 AM for a Pre-Hearing Custody Confercnce, At such confercnce. an cf/hrt will be madc to rcsolve thc issues in dispute; 01' if this cannot be accomplished, 10 dcfinc and narrow thc issucs to hc heard by the court, and to entcr into a temporary order. All children lI~e live 01' oldcr may also be prcsent at thc confcrcncc, Failure to llppear lit the eonferencc may provide grounds for entry of a temporary or pcrmancnt ordcr, The court hereby directs the parties to furnish an)' aud all existing Protection from Abuse orders, Special Relief orders, aud Custody GJ'ders to the couclllator 48 hou rs prior to scheduled hearJnll. FOR THE COURT. By: _~sl __~. Gree~..Esq. Custody Conciliator \V r/' The Court of Common l'leas ofCumbcrland County is requircd by law to comply with the Americans with Disabilitcs Act of 1990, For information about accessiblc facilitics and reasonable accommodations available to disabled individuals having busincss before the court, 1}lease contact our office, All arrangcments must be made at least 72 hours prior to any hcaring or business before the court. YOllmllst attend the scheduled conference or hcaring, YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumbcrland County liar Association 2 Libcrty Avcnue Carlislc,Pennsylvllnia 17013 Telel}hone (717) 249-3166 6. Plaintiff has not partic.lpated an a party or witness, or in another capacity, in otlwr lit.igat.ion concerning the cl1stody of the child in thiEJ or anot.her Court since t.he attached 11/7/00 Order of Court. 7. Plaint iff ha" no information of a custody proceeding concerning the child pending in a Court. of thi" Commonwealth, a. Plaintiff does not know of a person not a party t.O the proceedings who has physIcal custody of the child or claims to have custody or visitation rights with respect to t.he child, 9. Each parent whose parental rights to t.he child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of t.his action and the right t.o intervene. 10. Pursuant to the Custody and Grandparents Visi tat ion Act, the mot.her requests this Court to grant an award of shared legal custody to her. 11. The mother requests physical custoely of the child in that she is in a better position to provtde consistent and stable care for the child and she is the parent. more likely to assure that the child have a relationship with both parents. 12. The best. interests and permanent welfare of the child and his physical, spirit.ual, emotional and moral well-being will be served by granting the relief requested of shared legal and primary physical custody with the mother. WlIERllPORB, Plaintiff mother prays for an Order awarding legal custody of t.he minor child, Don A. Bail', III, to the mother, with primary physical custody to the mother and the father having his periods of part.ial custody and visitation with the child at the home of the paternal grandmother, particularly any overnight visits, Date: <e,..,{-tl~ Respectfully submitted, ~?~0Al~ Ruby D. We s, Esquire Attorney for Plaintiff 10 West High St.reet Carlisle, pennsylvania 17013 (717) 243-1294 ~~ ~..", 1.11 .,... ~ d; ~ t- ,d ." I'~' ' " ,.- I.JJC";\ ..:1 "") ~(' " ( );-,'J l , .:\ ~":( i , , , % , ,'.) ::~I (". '( . '_f> if) i ., d , 1 .) ";.... :,;, ~ f" " , :.:~) j.U .:,)(J.. ...-1. .....~ '() (",.1 :.> -~) (,) ~ M ~ ~ ~ , . . ~ " ~ -...; \ DEe 2 9 Z003 ~ TINA M. BAIR N/K/A TINA HUTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 98-1538 CIVIL TERM v, CIVIL ACTION - LAW IN CUSTODY DON A. BAIR. JR. AlK/A DON A, BAIR, Defendant OLER, J, n_ ORDER OF COURl AND NOW, this, 'Z.,J day of -.-:Jcl"/v 2J +--, 2 OO._'-:L , upon consideration of the attached Custody Conciliation Summary Report, It Is hereby ordered and directed as follows: 1, This Court's Order of September 24, 2002 shall remain in full force and effect with the following modification of Paragraph 8.A,: A, The sharing of the Christmas holiday shall be divided as follows: Segment A shall be from Christmas Eve at Noon until December 251h at Noon; Segment B shall be from Christmas Day at Noon until December 261h at 6:00 p,m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B, In even-numbered yaars, Father shall have Segment A and Mother shall have Segment B. 2, A hearing L, scheduled regarding Mother's Petition to Modify Father's . schedule of partial custody j,1 Courtroom Number 1 of the Cumberland County Courthouse, on the 2.5.c~ day of YJ7~/,- __, 2004, at ldl> .._ o'clock -t.,M" at which time testimony will be taken. For the ~llrpoqes of the heF':lng, the Mother, Tina Huth, shall be deemed to be the moving party and shall pru\:eed initially with testimony, Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness, These memoranda shall be filed at least ten days prior to the hearing date, BY THE COURT: Dlsl: ~'Stil1 F, Grogan, Esquire. 3901 Market Street, amp HIli. PA 17011 """':,~:' ".0, ~. """ "'"",," "00' .I....C:I \ ."J .'" . \:,1, ,( ~",:~i~J~~~.> ':'\~rrl", :_'.i....",!, ~, ,.,--(\ .~\\\'V .,,\, '.'.;" ~'>. '0 (:r, -{\> C..) J ~.'" ;j.. \), '(,Y ,v.;"", ~ t,\/%, '-I::, \~\:" l (~ 1-;:" , \~~ ?A \,)..'y ..~ 'b NO, 98-1538 CIVIL TERM 4, Mqther's pilllltiDn on custody Is as follows: Mother petitioned to modify custody seeking to eliminate Father's overnight custodial periods. Her Petition had additionally contained concerns about the suitability of Father's living arrangements. However, Father has subsequently moved In with his two uncles as a result of being told that his landlord was In violation of local zoning ordinances related to the number of unrelated persons who may reside In a single family dwelling, Mother reports that the parties' child Informed her that during his periods of custody, Father goes to Harrisburg where he meets a man in an alley and gives him money. He has also told her that after this occurs that Father seems nervous and has difficulty talking, Mother reports that these types of behaviors parallel those which she observed during the period of time when they were married and during which period of time she alleges he was using cocaine, Mother is thereforo concerned that based on Ihe description the child has provided to her, that Father is using cocaine during his custodial periods. Mother also reports the child was not bathed on Father's custodial weekends. She also reports that Fc.ther frequently does not show up for his custodial periods. She would like tho Order modified to provide Father with periods of paltlal custody, which she recognizes are Important. However, she would like to minimize the risk that Father has relapsed intD his prior addictlDn. She proposes that Father's custodial schedule be as follows: On alternating Fridays from 3:00 p,m. to 9:00 p,m, and alternating Saturdays and Sundays from 9:00 a.m. to 9:00 p,m, With regard to the Christmas holiday schedule, Mother reports that the parties have deviated from the schedule provided in the Custody Order and that last year Father had custody from Christmas Eve overnight to Christmas Day around 4:00 p.m, She therefore proposes a more traditional Christmas A/B schedule. She would also like to coordinate the sharing of the Christmas holiday time in such a way that the child would be able to enjoy the family Chri~tmas with his stepsisters, 5, Father's position on custodv Is as fol!.Q.~: Father is unwilling to make changes to his custodial schedule. Father denies that he has been Intoxicated or used drugs in the presence of the child, He claims that Mother lies to him and excludes him from activities, such as the child's footbClII banquet. He also claims that Mother Is failing to share information with him regarding the back to school night and teacher conferences at the child's school. Father also complains that he was not informed the child is seeing a school counselor regarding his continued problem with ecopresis, Father also acknowledges that the has not attended the Seminar for Separating Families, He was given additional information regarding the scheduling of that seminar in hopes that he would attend the seminar and be in compliance with the Order of September 24, 2002, With regard to the Christmas holiday schedule, Father does not agree to a change at this time, When asked about the changes that the parties negotiated last year, Father's responses were inconsistent. He seems to recall that there may have been a change at Mother's request because she had to go out of town, but does not seem to recall whether he had custody of the child on Christmas Eve and Christmas morning last year. NO. 98.1538 CIVIL TERM 6, Because the parties did not reach an agreement on Mother's Petition to Modify the custodial schedule, a haaring will be necessary, At that time, the Conciliator recommends that Issues regarding contempt be addressed concurrentiy. Counsel for Mother plans to call the school guidance counselor as a witness, He would also ask that the Court see the child in chambers. The Conciliator recommended a modification to the custodial schedule for the Christmas holiday as provided in Paragraph 8A of the September 24, 2002 Custody Order. The recommended modification arranges the sharing of this holiday time with both parents and coordinates it In such a way that the child can also enjoy hOliday time with his stepsibllngs. '= /'),/ ~ Me issa Peel Greevy, Esquire Custody Conciliator :222495 - I (11A.- .J J lJ ' '''1.. r::Jqlr , 01 j)VJr A. P.x:t;"" Jr, l7zis Is To Certf/P l7zat ...... , 'f)C\ ~------ lias COlltPleted 'l7ze Se111/lhlr For St1pflrtlti1lg Pare1lts ~~ """"""",, L.W.. IV.._......~ ......<..... ~ C'II/k", DI"C(ur' , ' 1IIItIrw.,..t, 44./.1 IV""" F""'t s"." HII""~ PA J7JJO k. l.\w., Nrt.u".----- e~ ~:::-:-- e;,."t1..~ 8s '. ", , I. . <''l " /! ' .. ~ '; - . y. '.~ " ,J oj .~" "'100..,10' ()I~-.:"~.. ~ " I ',~ tit ). ," ~ ',', I. .... -,~ . /;.fft I -'t/;.:" I, , '. , ~ ; I I'" 'f! I I ~~ I ' I '0>'. I {'iI. 1/ , . I ;( I / ) li ,{ it. activities, order IiII'm lilr school picturcs, communications 1'1'0111 hcalth care providcrs IInd thc Iikc within Iivc (5) dllY;; ofrcccivinll such infnrmation. 7. Conics of pOQl!m~!11~: Upon rceeipt by a parcnt, copics of child's school schedulcs, specilll events nolifielltions rcport curds and the like Hhllll be provided to the other parent. Eaeh parent shall share with the other parent any other information and documents, or copies thereof, thllt each parent possesses regarding the child within reusonable time as to make the reeords and information of reasonable use to the other parent. 8. Notice ill Ac!.L~ities: Each parcnt shall provide the ether parent with at least forty- eight (48) hours advance notiee of schoo) or extrueurrieular activities, 9. Sehool Absenees: The custodial parent shall notify the othcr parent of all school absences and thc rcason for such abscnccs within forty-cight (48) hours of any occurrcncc. 10. AI1I!.ointments: Thc parcnt arranging any non-emergency mcdieal, dental, optical, psychological appointments and/or treatment for the child shall notify the other parents within three (3) days of the scheduling of the appointment and at least forty-eight (48) hours prior to any such appointment, 11. Mail: Each parent upon receipt of mail or packages addrcssed to the child from the other parent or any member of the other parent's family, shall see to it that such unopened mail or package arc immediately given to the child, 12. Residence Address: Each parent shall at all times provide the other parent with his or her residence/home address where the child can bc reached when in that parent's custody, If cither parent intends on relocating from his or her current residence, or any other residence hereafter established, regardless of its location and/or any requirement to obtain court approval as herein provided or otherwise required by law, In no event any later than sixty (60) days prior to such intended reloeution, The relocating parent shall 3 .....' provide the othl'r purent with uny und ull inl()rmution regurding the intended relocution, but not limited to, the ncw uddrcss, the rousons for relocution, the intended dute of reloeution. the persons 10 comprise the household in the new residence lInd informution regurding school, church, physiciuns und other health care providers that the relocating parent intends to use ufter relocution. 13. Telephone contact: Both pawnts shull he afforded reasonable telephone contact with the child while in the other purent's custody und for said purposes eueh parent shall provide the other purent with his or her phone number where the child can be reuched when in that parent's custody, Each parcnt, shull not unreasonably interfere with the child's right to privucy during such telephone conversations, nor shull listen to that conversation on an extension telephone, Each parent shall see the child calls the other parent upon receipt of any telephone message requesting such a retum call. 14. Temporary Absences from the Commonw.;alth: If either party intends on removing the child from his or her residence for a period in excess of forty-eight (48) hours, that parent shall provide the other parent with the address and phone number where the child cun be reached during the period of ubsences, 15. Reloc.!!tion: Neither parent shall removc the child from the Cumberland County Court nf Common Pleas Cumberlund County, Pennsylvania jurisdiction; on a permanent basis without first obtaining the other parent's written consent or a court order approving said relocation. B. Physical Custod,y; The following shall apply regurding the physical custody of the child: I. Father shall have partial custody every Friday 4:00 p,m, until 8:00 p,m, and every other weekend Saturday 9:00 p,m, until Saturduy 9:00 p,m, and Sunday 9:00 a,m. until 8:00 P,JT1, 2, Mother shull have custody at all othor timcs unless otherwise specified in this agreement as this agreement pcrtains to holiday Hnd vacation schedule, 4 C,. Semitlllr for Sepuratlng Purenls. Puther shull oomplete the Sepuratlng Parents seminar no later thun June 1,2004. By the Cour1 ~ J esley Oler, .I. 6 3. Ml!ill.rJl\!Qi~ions: Allnll1jor oon-emergeney decisions affecting the child's helllth, educulion, rcligion and geneml wdl heing shllll he joinlly hy the pllrents, Mlljor dllcisions shllll include hul nol limited to: a, Non-emergency rllllj01' nwdical decisions including medielll medielllions, denllll, orthodontic, optical, psydlOlogiclIl, psychilltric, e1cctive surgery und lhe like; b. Selecllon of 01' chunge in health ellre providers and counselors 01' theruplsl; e, Selection or ehangc in residence; d. Selection 01' change in school 10 he attendcd; e, Selection 01' religion and religious truining; and f. General welfilre decisions, 4, Non-Maior Deei~_(Qns: Non-major decisions involving the child's day to day living shall be made by the parent then having custody, but to the extent possible, the parents shall attempt to make such I'lIles and follow such schedules as would provide the child with continuity regardless of the then existing custodial parent. 5. Emereencv Decisions:, Emergency decisions regarding the child shall be by the parent then having custody, but that parent shall communicate to the other parent the nature and extent of the emergency and shall provide the other parent with ull information pertaining to the treatment so the other parent may he involved in the decision making process at he earliest possible time, 6. Information Exchalli.t~ Elich parenl shall provide the other parent with infonnation conceming the well being of the child including, but not limited to, the child's report cards, school meeting notices, vacation schedule, class schedule of either the child or the parent's b'1'aduate schedule, school conferences, results of diagnostic tests, notices of 2 uCllvilics, ordcr 11'rt111hr school pictorcs, communiculions "'om heallh carc pl'Uvidcrs und thc like within t1ve (5) days ofrccciving soch inlill"l11lltion, 7. hilnJ.\llLQL!lmm.nWJ.1J,~: IJpon reccil't hy a parcnt, copies of child's school schedules, special evcnts notit1cations rcport cards Hnd the likc shall he pruvidcd to 1111~ other purent. Each parcnt shall shurc with the othcr parcnt any olher inllll'll1ation and doeumcnts, or copies thercof, lhut each parent posscsscs regarding Ihc child within reasonablc time as to muke the recurds und information of reasonahle usc to the other purcnl. 8. N!!ti9JLQf Aetiviti~~: Each parent shall pruvide the other pHren I with ut leust forty- eight (48) hours advunce notice of school 1)1' extrnelllTicular uctivities, 9. School Ahs!<.nees: The custodiul parent shall notify Ihe other pHrent of all school absences and the reason IIII' such a"sences withi~ (l)rty.eight (48) hours of any occurrence, 10, ~intment~: The parent arranging any non-emergency medical, dental, optical, psychologicul uppointmenls and/or trealment for the child shall notify the other purents within three (3) days of the scheduling of the appointment und at least forty-eight (48) hours prior to any such appointment. 11, Mail: Each parent upon reeeipl of mail or packages addressed to the child fl'Om the other parent 0\' any member of the other parent's family, shall see to it that slleh unopened mail or package are immediately given to the child. 12. Residence Address: Euch parent shall at all times pl'Ovidc the other parent with his 01' her residence/home address where the child can be rcacbed when in that parent's custody, If cither parent intends on relocating from his or her current residence, or any other residence hereafter estublished, rcgardless of its location alld/or any requirement to obtain court approval as herein provided or otherwise required by law, In no event any later than sixly (60) days prior to such intended relocation. The relocating parent shall 3 11I'ovllle the other IllIrent with IIny IInllllll inlll1'lllatinn regnl'ding Ihe intended I'elncnlinn, hul not limited In, thc new nddress, thc l'en'Ul1IS fnl' relncnlinn, the inWnded dnte of I'elocntion, thc pCl'snns tn comprise the hnusehnld in Ihe new I'(,sidenee nnd inlll1'lllntinn regllrding sehonl, ehl11'ch, physieinns and other heulth care providers thlll Ihe I'elocnling Ilnrcnl intcnds to use nftel' relocation. I). :.\JlliJ.nh911Ll'-!!!1\!!QJ: Bnth parents shnll he amJl'(led reasnnnhle telcphnne cnnlncl with thc child whilc in the other pal'cnt's custody nnd IIII' snld pUl'pnscs each parent shnll provide the other pnl'ent with his nl' her phone numhel' where the child cnn he I'enched when in thnt parent's custody, Each parenl, shall not ull1'easonahly interfere with the ohild's right to privacy during such telcphone conversations, nor shall listcn to that conversation on an extension telephone, Each parelll shall see the child clllls the other plll'ent upon receipt of any telephone message requesting such a return call. 14. IJ;.!l1porary Absences from th~J;:ommonwealth: If either pllrty intends on removing the child from his 01' her rcsidenee for H period in exccss of forty-eight (48) hours, that parent shall provide the olher parent with the address and phone number whore the child oan be reached during the period of ahsences. 15. RoloQ!!Jllln: Neither parent shall rcmove Ihe child from Ihe Cumberland County COUl'l of Common Plells Cumberland County, Pennsylvania jurisdiction, on a permllnent bllsis withoutlirst ohtaining the other 11lIrenl's written consent or a court order approving sllid relocation, B, Physical Custody: The following shall apply regarding the physiclII eustody of the ehild: I, Father shall havc partial custody every Friday 4:00 p,m. until 8:00 p.m. and every nther weekend SlIturday 9:00 p,m, until Saturday 9:00 p.m, lInd Sunday 9:00 a,m, until 8:00 p.m. 2, Mother shllll have custody lit all other times unless otherwise specified in this agreement as this agreement pertains to holidllY and vllelltion schedule, 4 Holld"y/Spclllill.1lll~~iL\!!r; I'urtiul custody Ihr mujor holiduy und shull bc uccording to thc following ~chedull~: ilii!!l.mJl,~; Chri~tnuls shull he divided us l<lllows: Segment A: is from Christmas Eve ut noonunlil December 25'" at noon; Scgmentll shull be from Christmus Day ut noon until December 26'10 lit 6:00 p,m, Mother shull Segment A und Futher shull huve Segment Bon odd number yellr~: on even number yenrs tather shull Segmcnt ^ and Mother shull have Segment B, Child'lLhitl.nPl!Xl 'I he parties will arnmge thr the child to spend time with both purents on the child's birthdllY, Futher's DuvJl!ldNother's D!!X~ Futher's DIlY will be with Father 9:00 a,m, to 8:00 p,m, und Mother's DIIY will be with Mother l):OO u,m, 8:00 P,I11. Oth!lL1:loliQm; Other holiday shall be divided into two groupings, Group ^ shall be Memoriul Duy, Independence Day and Labor Day Group B sh:'!1 be Euster. Trick or Treutaml Thank~giving, In even numbered years Father shall huve group A und Mother shall huve Group /3, In odd number years, Mother shall have Group A. and Father shall hu ve Group B. 3. Yaeatil!!l,J)me: Euch parent shall be entitled to two one week uninterrupted week of custody of the child, The parties shall provide the other purent with a minimum 30 days written notice of their intcnded vaealion period C, Seminuf for Separuling Parents, Futhel' shall complete the Sepamting Parents seminar within June 1, 2004. 5 I I I , In I I;,; , \ {/I II' I , I " , .' , " ('/ I " " I I fi 1:1 " I " , " I r.J L,i I I , I ! i I ,. .. NOV ? 9 70a$ TINA M. BAI~ N/K/A TINA HUTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1538 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. DONALD A. BAIR, JR. AlK/A DON A. BAIR, Defendant OLER, J. m ORDER OF COURT AND NOW, this ~ day of --i) t' c..; ..,1.. J ,2004, upon consideration of the attached Custody Conciliation Summary Report, It Is hereby ordered and directed as follows: 1. This Order VACATES this Court's prior Order of March 31,2004. 2. Leaal Custodv: Mother and Father shall share Joint legal custody of Don A. Balr D. O. B. May 13, 1996: A. Access to Information: Each parent shall be entitled to access to any and all Information regarding the health, education, religion and general well being of the child and each parent shall be entitled to communicate with and receive Information and documents from any person or entities having such Information and/or documents regarding health, education, religion and general well being of the child so that Informed decisions can be made. B. Communication: Each parent shall permit and encourage communication by the other parent with doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel regarding the child's health, education and welfare. C. Maior Decisions: All major non-emergency decisions affecting the chlld's health. education, religion and general well being shall be shared jointly by the parents. Major decisions shall include but not limited to: 1. Non-emergency major medical decisions including medical medications, dental, orthodontic, optical, psychological, psychiatric, elective surgery and the like; II. Selection of or change In health care providers and counselors or therapist; .. ,.. ,:1' cr' N '>- r:~; .. b C) ,; U.I. , ("f' I f[!-.j! ~"'- (!j-r: ",n,; J r (,I N f,]f;; I .'--lU (..) It.'r I./.J I-~ C~l n 1.1., ..:~,.. ,.- CJ t':~:! ~:) ,,:~ N C,l NO. 98-1538 CIVIL TERM III. Selection or change In residence; Iv. Seleotlon or change In school to be attended; v. Selection or religion and religious training; and vI. General welfare decisions. D. t-!2.!!::.M!lor Decisions: Non-major decisions Involving the chlld's day to day living shall be made by the parent then having custody, but to the extent possible, the parents shall attempt to make such rules and follow such schedules as would provide the child with continuity regardless of the than existing custodial parent. E, Emeraencv Decisions: Emergency decisions regarding the child shall be by the parent then having custody, but that parent shall communicate to the other parent the nature and extent of the emergency and shall provide the other parent with all Information pertaining to the treatment so the other parent may be involved in the decision making process at the earliest possible time. F, Information ExchanCle: Each parent shall prOVide the other parent with Information concerning the well being of the child Including, but not limited to, the child's report cards, school meeting notices, vacation schedule, class schedule of either the child or the parent's graduate schedule, school conferences, results of diagnostic tests, notices of activities, order form for school pictures, communications from health care providers and the like within five (5) days of receiving such information, G, Cooies of Documents: Upon receipt by a parent, copies of child's school schedules, special events notifications, report cards and the like shall be provided to the other parent. Each parent shall share with the other parent any other Information and documents, or copies thereof, that each parent possesses regarding the child within reasonable time as to make the records and Information of reasonable use to the other parent. H. Notice of Activities: Each parent shall provide the other parent with at least forty-eight (48) hours advance notice of school CJr extracurricular activities. . NO: 98-1538 CIVIL TERM I. Sc~oo! Absenc~,; The custodial parent shall notify the other parent of all school absences and the reason for such absences within forty- eight (48) hours of any occurrence, J, Appointments: The parent arranging any non-emergency medical, dental, optical, psychological appointments and/or treatment for the child shall notify the other parent within three (3) days of the scheduling of the appointment and at least forty-eight (48) hours prior to any such appointment. K. Mall: Each parent upon receipt of mail or packages addressed to the child from the other parent or any member of the other parent's family, shall see to It that such unopened mall or package are Immediately givan to the child. L. Residence Address: Each parent shail at all times provide the other parent with his or her residence/home address where the child can be reached when In that parent's custody. If either parent Intends on relocating from his or her current residence, or any other residence hereafter established, regardless of its 10catlDn and/or any requirement to obtain court approval as herein provided or otherwise required by law, th~ relocating parent shall provide the other parent with any and all information regarding the Intended relocation, but not limited to, the new address, the reasons for relocation, the Intended date of relocation, the persons to comprise the household In the new residence and Information regarding school, church, physicians and other health care providers that the relocating parent intends to use after relocation. Notice of relocation shall be provided sixty (60) days prior to such Intended relocation. Neither parent shall remove the child from the Cumberland County Court of Common Pleas Cumberland County, Pennsylvania jurisdiction on a permanent basis without first obtaining the other parent's written consent or a court order approving said relocation. M. Telephone contact: Both parents shall be afforded reasonable telephone contact with the child while In the other parent's custody and for said purposes each parent shall provide the other parent with his or her phone number where the child can be reached when in that parent's custody. Each parent, shall not unreasonably interfere with the child's right to privacy during such telephone conversations. nor shall listen to that conversation on an extension telephone. Each parent shall see the child calls the other parent upon receipt of any telephone message requesting such a return call. NO. 98-1538 CIVIL TERM N. Temporarv (\bsances from the CommonweW!b..; If either party Intends on removing the child from his or her residence for a period In excess of forty-eight (48) hOllrs, that parent shall provide the other parent with the address and phone number where the child can be reached during the period of absences. 3. physical Custody: The following shall apply regarding the physical custody of the child: A. Father shall have partial custody every Friday from 4:00 p,m. to 8:00 p.m. or until after the football game. B. Father shall have clIstody from 5:00 p.m. to 7:00 p.m. each Tuesday and Thursday evening, C. Effective November 27, 2004, on alternating Saturdays from 10:00 a.m. to 6:00 p.m. D. Effective November 28, 2004, on alternating Sundays from Noon until 8:00 p.m, E. Notice: Father will give Mother 24 hours notice if he Is unable to participate In 'any of the scheduled custodial times. If Father cancels a Tuesday or Thursday three (3) out of four (4) weeks, then the Tuesday and Thursday visits shall be discontinued. In the event that Father Is more than 20 minutes late for the beginning of any period of custody, Mother shall be free to make other plans for that custodial period. F. Mother shall have custody at all other times when Father does not have custody, 4. Holidav/Special Days Schedule: Partial custody for major holidays shall be according to the following schedule: A, Christmas: Christmas shall be divided as follows: Segment A shall be from Christmas Eve at Noon until December 25th at Noon; Segment B shall be from Christmas Day at Noon until December 26th at 6:00 p.m. In odd- numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years Father shall have Segment A and Mother shall have Segment B. TINA M. BAIR N/K/A TINA HUTH, Plaintiff DONALD a. BAIR, JR. NK/A DON A. BAIR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1538 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY OLER, J.--- ORDER OF COURT AND NOW, this t~.'~ day of ['~-,-~ -,~,,J _, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES this Court's prior Order of March 31,2004. 2. Legal Custody: Mother and Father shall share joint legal custody of Don A. Bair D. O. B. May 13, 1996: A. Access to Information: Each parent shall be entitled to access to any and all information regarding the health, education, religion and general well being of the child and each parent shall be entitled to communicate with and receive information and documents from any person or entities having such information and/or documents regarding health, education, religion and general well being of the child so that informed decisions can be made. B. Communication: Each parent shall permit and encourage communication by the other parent with doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel regarding the child's health, education and welfare. C. Maior Decisions: All major non-emergency decisions affecting the child's health, education, religion and general well being shall be shared jointly by the parents. Major decisions shall include but not limited to: i. Non-emergency major medic, al decisions including medical medications, dental, orthodontic, optical, psychological, psychiatric, elective surgery and the like; ii. Selection of or change in health care providers and counselors or therapist; NO. 98-1538 CIVIL TERM iii. Selection or change in residence; iv. Selection or change in school to, be attended; v. Selection or religion and religious training; and vi. General welfare decisions. D. Non-Major Decisions: Non-major decisions involving the child's day to day living shall be made by the parent then having custody, but to the extent possible, the parents shall attempt to make such rules and follow such schedules as would provide the child with continuity regardless of the then existing custodial parent. E. Emergency Decisions: Emergency decisions regarding the child shall be by the parent then having custody, but that parent shall communicate to the other parent the nature and extent of the emergency and shall provide the other parent with all information pertaining to the treatment so the other parent may be involved in the decision making process at the earliest possible time. F. Information Exchan.qe: Each parent shall provide the other parent with information concerning the well being of the child including, but not limited to, the child's report cards, school meeting notices, vacation schedule, class schedule of either the child or the parent's graduate schedule, school conferences, results of diagnostic tests, notices of activities, order form for school pictures, communications from health care providers and the like within five (5) days of receiving such information. G. Copies of Documents: Upon receipt, by a parent, copies of child's school schedules, special events notifications., report cards and the like shall be provided to the other parent. Each parent shall share with the other parent any other information and documents, or copies thereof, that each parent possesses regarding the child within reasonable time as to make the records and information of reasonable use to the other parent. H'. Notice of Activities: Each parent shall provide the other parent with at least forty-eight (48) hours advance notice of school or extracurricular activities. NO.'98-1538 CIVIL TERM I. School Absences: The custodial parent shall notify the other parent of all school absences and the reason for such absences within forty- eight (48) hours of any occurrence. J. Appointments: The parent arranging any non-emergency medical, dental, optical, psychological appointment,,; and/or treatment for the child shall notify the other parent within three (3) days of the scheduling of the appointment and at least forty-eight (48) hours prior to any such appointment. K. Mail: Each parent upon receipt of mail or packages addressed to the child from the other parent or any member of the other parent's family, shall see to it that such unopened mail or package are immediately given to the child. L. Residence Address: Each parent shall at all times provide the other parent with his or her residence/home address where the child can be reached when in that parent's custody. If either parent intends on relocating from his or her current residence, or any other resider~ce hereafter established, regardless of its location and/or any requirement to obtain court approval as herein provided or otherwise required by law, the relocating parent shall provide the other parent with any and all information regarding the intended relocation, but not limited to, the new address, the reasons for relocation, the intended date of relocation, the persons to compriSe the household in the new residence and information regarding school, church, physicians and other health care providers that the relocating parent intends to use after relocation. Notice of relocation shall be provided sixty (60) days prior to such intended relocation. Neither parent shall remove the child from the Cumberland County Court of Common Pleas Cumberland County, Pennsylvania jurisdiction on a permanent basis without first obtaining the other parent's written consent or a court order approving said relocation. M. Telephone contact: Both parents shall be afforded reasonable telephone contact with the child while in the other parent's custody and for said purposes each parent shall provide the other parent with his or her~phone number where the child can be reached when in that parent's custody. Each parent, shall not unreasonably interfere with the child's right to privacy during such telephone conversations, nor shall listen to that conversation on an extension telephone. Each parent shall see the child calls the other parent upon receipt of any telephone message requesting such a return call. NO. 98-1538 CIVIL TERM N. Temporary Absences from the Commonwealth: If either party intends on removing the child from his or her residence for a period in excess of forty-eight (48) hours, that parent shall provide 'the other parent with the address and phone number where the child can be roached during the period of absences. the child: Physical Custody: The following shall apply regarding the physical custody of A. Father shall have partial custody every Friday from 4:00 p.m. to 8:00 p.m. or until after the football game. B. Father shall have custody from 5:00 p.m. to 7:00 p.m. each Tuesday and Thursday evening. C. Effective November 27, 2004, on alternating Saturdays from 10:00 a.m. to 6:00 p.m. D. Effective November 28, 2004, on alternating Sundays from Noon until 8:00 p.m. E. Notice: Father will give Mother 24 hours notice if he is unable to participate in any of the scheduled custodial times. If Father cancels a Tuesday or Thursday three (3) out of four (4) weeks, then the Tuesday and Thursday visits shall be discontinued. In the event that Father is more than 20 minutes late for the beginning of any period of custody, Mother shall be free to make other plans for that custodial period. F. Mother shall have custody at all other times when Father does not have custody. 4. Holiday/Special Days Schedule: Partial custody for major holidays shall be according to the following schedule: A. Christmas: Christmas shall be divided as follows: Segment A shall be from Christmas Eve at Noon until December 25th at Noon; Segment B shall be from Christmas Day at Noon until December 26th at 6:00 p.m. In odd- numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years Father shall have Segment A and Mother shall have Segment B. NO. 98-1538 CIVIL TERM B. Child's Birthday: The parties will arrange for the child to spend time with both parents on the child's birthday. C. Father's Day and Mother's Day: Father's Day will be with Father 9:00 a.m. to 8:00 p.m. and Mother's Day will be with Mother 9:00 a.m. to 8:00 p.m. D. Other Holidays: Other holidays shall be divided into two groupings. Group A shall be Memorial Day, Independence Day and Labor Day; Group B shall be Easter, Trick or Treat and Thanksgiving. In even- numbered years, Father shall have Group A and Mother shall have Group B. In odd-numbered years, Mother shall have Group A and Father shall have Group B. 5. Vacation Time: Each parent shall be entitled to two (2) non-consecutive weeks of uninterrupted custody of the child. The parties shall provide the other parent with a minimum 30 days written notice of their intended vacation period. Dist: /J. Wesley Oler, Jr., J. ooStin F. Grogan, Esquire, 3901 Market Street, Camp Hill, PA 17011 n A. Bair, Jr., 5406 Oxford Drive, Mechanicsburg, PA 17055 0..03: O TINA M. BAIR N/K/A TINA HUTH, Plaintiff DONALD a. BAIR, JR. NK/A DON a. BAIR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1538 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME' Don A. Bair DATE OF BIRTH CURRENTLY IN THE CUSTODY OF May 13, 1996 Mother 2. A Custody Conciliation Conference was held on November 4, 2003 following Mother's Petition to Modify Custody filed on September 27, ::)004. Attending the Conference were: the Mother, Tina Huth, and her counsel, Austin Grogan, Esquire; the Father, Donald A. Bair, Jr., attended pro se. Date The parties reached an Agreement in the form of an Order as attached. Melissa Peel Groovy, Esquire Custody Conciliator :239401