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HomeMy WebLinkAbout98-02349 \. i ~ '1 ::. \. \l ~ ~, ) I I I ".f 1'// I ~ \ \\l .1 ......1 I , , ! ......1 '.. j .';) ! ~I ~j >1 ('()i t'tl I , I c.. I ",\ I , I ~1 reeder ",stlpwlatlon of the parties April 27, 1999 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 98. 2349 CIVIL TERM IN DIVORC!: KAREN L, REEDER, VS. DOUGLAS D. REEDER, Defendant STIPULA TION OF THE PARIfES 1, The parties hereto are the parents of Justin D, Reeder, born June 17, 1993, 2, On June 2, 1998, this Honorable Court entered an Order based on an Agreement reached at conciliation, The parties Intend by this Stipulation to modify the Court's June 2, 1998 Order In the following details: A, Paragraph 3 of the June 10. 1998 Order is modified so that the parties shall share physical custody of the child in an alternating schedule over a 14 day period during which the child will be in the physical custody of father from Wednesday at 2:00 p,m. until Friday at 5:15 p,m,; with mother from Friday at 5:15 p.m, until Tuesday at 2:00 p,m,; with father from Tuesday at 2:00 p.m, until Wednesday at 5:15 p.m,; with mother from Wednesday at 5:15 p,m, until Friday at 2:00 p.m.; with father from Friday at 2:00 p,m. until Monday at 7:30 a,m,; with mother from Monday at 7:30 a,m, until Wednesday at 2:00 p,m, B. During the period stated above when mother has physical custody of the child, and the child Is attending school, father will pick up the child after school and deliver him to mother after her work day, C. In the event that mother is off work during the period when she has partial custody of the child, father will return the child to her physical custody at 2:00 p,m, D, So long as mother resides in Perry County, father willl'eturn the child to her at the Buggy Bath Car Wash in Carlisle, Pennsylvania, .~' . ':+:' ,:.:.' ':+:. ':.:' ':+:. .:+:.,:+:' ',;<<. .:+:' ',:+;, .:<<, .:+;, ':+:' ':+;, ':+:. ':+: .;+:' ':+:. -:+;, ,:+:,;. .':+:':':+:'; :.~:...:+:. ,':t:- .:+:' ,:+;",*,.:-+:.::~ ' """ - - _h'", .. "h 'h ,. "'" "" .'. "'h, . . h. h., . h,. " h "h~ ! ~ 8 * " M ~ f;-.ic. w..' ,i.:: ~i:, . .' ~ ~ * $ * ..' " " .., ~ ~ ~i " " ~ ~ " " ~ .:. " . . 0:; " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF _ PENNA. ~ ~ ',' 0:; " ;,', ~ ,', ~ ~I v ~ ... ~'~ ~ KAREN L. REEDER, " I " ~ Plaintiff. N () .~8:c2J49.CiviL... 19 .., ~ ~ ',' V(11'_.lU....1 .POUGLAS D. REEDER, *- ',' " ~ Defendant IN DIVORCE ,'; i '.' ~ ~, DECREE IN D I V 0 R C E 9:.3.2A.M. AND NOW. ...... .~. >..,...,....., 197'i~lt Is ordered and decreed that". ....,. .... 1<.AREN, .L~. J<E~Dj':.R...........,..,..., plaintiff, and. , . , . . . . . . . . , . . . . . . . . . .OOlJ.C,'!'AS.Q, . RJ':EOER . . . . . . . . . . . ", defendant, are divorced from the bonds of matrimony. ,', ~ ~ ',' ~ f'. .', ~ The court retains jurisdiction of .the following claims which have bElen raised of record In this action for which a final order has hot yet been entered; No.NE,', , .The.term,s .of.th~ .11aJ:gi'l1 S\'lt,q\'l!'1,el1t .!\Cll::'\l\l!'1.~T)t. p,,,,i;~{:1. , , , . .,J,alll,lilry. ,13.,. .1$199. .ars. .incD.r.pora.tsd. b.ut. no,t . .ged, .into, .this. .Decres, J, - , ,~-,.. I~ H '. '.. .....0-, " ,.!ll ':+:. .:.;. .:+;. .:+:. .:+;.,>>:. .:.:. .:+;. .:<<. '-,:. Prothonotary ".' .:.:. .:.:. .:+;. <.~, .:.;. ':+:. ':+:. .:.;. .:.;. .:+;, .:.~, ~ '.' ~ ~ '.~ ~ ,'~ ~ ~ \ ,~~ ~ ,', ~ ~ ... ,,~ ~ ,,~ ~ ~ '.~ ~ ~ '.' ~~. ":'\ ~ " P.l! ,', ~ ,', ~ ~. ~ ~ ~,~ 8 ~,~ ~ .'. ~ ~ ... w ~., *- \' ,', ~ ,', ~ ~ ...' ~ ... ;', ~ .', ~ * ',' '. . . . . " DOUGLAS D. REEDER, Defendant IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 98. 2349 CIVIL TERM IN DIVORCE KAREN L. REEDER, Plaintiff VII. ~E I' j h I THIS Agreement made this __~___.._ day of _~I ~. ~ p. 'I ' 1999, by and between KAREN L. REEDER, of 17 Sheck Drive, Newport, Perry County, Pennsylvania, hereinafter I I referred to as WIFE, and DOUGLAS D. REEDER. of ::.nl\. (Y7 0.17 fa,\ t,J, herelnafte~: C <\(11. d tiC 11"" be(ltl"') (.',^v1i>, I ,-,'11 referred to as HUSBAND, '1 . WITl'l,ESSETH: WHEREAS, the parties hereto are husband and wife, having been joined in marriage on June 8, 1991, in Plainfield, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No, 98-2349, Civil Term; and WHEREAS, the parties hereto are desirous of settling fully and filially their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims against the other or against their respective estates, NOW, THEREFORE, in consideration of these considerations, llnd the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and '.' . . .. , ," I, '.' , .f reeder - moo January 1tJ, 1999 I ' . . . . suffiolency of whloh Is hereby aoknowledged by eaoh of the parties hereto, HUSBAND and WIFE, eaoh Intending to be legally bound, hereby oovenant and agree as follows: 1, Advice of Counsel: The parties hereto acknowledge that each has been notified oi his or her right to oonsult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, WIFE is represented by Carol J. Lindsay, Esquire, and HUSBAND Is represented by Philip H, Spare. Each party acknowledges and accepts that this agreement Is, in the circumstances, fair and equitable, and that It Is being entered Into freely and voluntarily, after having received such advice and with such knowledge as each has sought frolll counsel, and that execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2, Divorce: The parties agree to the entry of a Decree In Divorce. The parties will execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3, Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and Individual property of the party In whose possession it Is as of the date of this agreement, with the exception of some family photographs which the parties will divide to their satisfaction, In the event that one party wishes a photograph in the possession of the other, that party will be permitted to make a copy of the photograph, and the parties will equally share the cost. WIFE will retain the 1993 Mercury Tracer. and HUSBAND will transfer to WIFE within ten days of the date of this Agreement all his right, tille and Interest in said vehicle, HUSBAND will retain the 1992 Ford F 150 Pickup and the 1977 Jeep C.J 5 and within ten days of the date of this Agreement, WIFE will transfer to HUSBAND any and all of her right, title 2 '. ' \',j roltdttr-msa January 1.1,1999 and Interest in said vehicles, None of the vehicles are encumbered by liens, Nevertheless, the parties shall indemnify and hold each other harmless on account of any claim or charge on the vehlcle(s) which he or she Is retaining, HUSBAND will retain all of his tools and building equipment. The parties will retain any financial, retirement or other accounts in banks or other depositories which are Individually titled In their names, Including but not limited to 401-K Plans, pension plans or retirement plans. The parties own two cemetery plots which they will divide, each retaining one such plot. The parties will execute any and all documents required by the cemetery In order to effect this transfer of Interest. 4, Real Property: The parties are owners of a home at 137 Red Tank Road, Boiling Springs, Pennsylvania which Is set for sale on ,January 13, 1999. From the proceeds of sale, the parties will pay to Douglils D, Reeder the costs of preparing the home for sale which they estimate to be $3,044,00. The parties will also pay a loan secured by WIFE's vehicles to Members First in the amount of $7,080,05, Said loan was used during the marriage for debt consolidation, The parties will equally divide the remaining proceeds of sale, 5, Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support, The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6, Marital Debt: The parties acquimd during their marriage certain debt, some of which will be paid from the proceeds of sale of the marital home, Each party agrees to be responsible and to hold the other harmless from any claim for any account which is titled in his or her name, specifically, WIFE will pay the Bank America and NBA MC'.sterCard accounts titled in her name only. HUSBAND will pay the Discover, MasterCard and Visa accounts In his name only, 3 roedor - maa January 1.3, 1999 , Each part)' will Incur no debt for which the other may be liable, and will Indemnify and hold the other harmless for any debt stllncurred, 7. Exchange of Information: The parties have requested from each other and received any information regarding their assets, liabilities, Income and expenses which the party requires prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking Into account all of the relevant factors set out In Section 3502 of the Divorce Code, 23 Pa, C,S'93502 Including the h:mgth of the marriage; any prior marriage of the parties; the age, health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by each party to the education, training or Increased earning power of the other; the opportunity of each party for future acquisitions 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 appreciate of the marital property, Including the contribution of a party as homemaker; the value of the property set apart to each party; the standard of liVing of the parties during the marriage; the economic circumstances of each party Including federal, state and local tax ramifications at the time of the division of the property, and whether the party will be serving as custodian of any dependent minor children, 8, Modification: No modification, rescission, or amendment of this agreement shall be effective unless In writing signed by each of the parties hereto, 9. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania, 4 roodor - mSR Januory 1,3, 1999 , 10, Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representallves, assigns and successors In any Interest of the parties. 11, Agreement Not to bo Merged: This agreement shall be Incorporated Into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree, The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amendod, and In addition, shall retain any remedies In law or In equity under this agreement as an Independent contract. Such remedies In law or equity are specifically not waived or released, 12, Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 13. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come. and for all purposes whatsoever, of and from any and all rights, titles, interests or claims In or against the property (including income and gain from property hereafter accruing, of the other) or against the estate of Guch other, of whatever nature and wheresoever situate, which she or he 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 widows' or widowers' 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 Pennsylvania, any other State, or any other Country, or any rights which either spouse may 5 reeder - maa January 13, 1999, have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result 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 before 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, 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, subject, however, to the implementation and satisfaction of the condition precedent as set forth herein above, 14. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs Incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party, In the event of breach, the other party shall have the righi, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, WITNESSES: (;/ (, ") I /('(,../(, -.I . - .IL__" f '.-, . " j,/\'((I// 1"'-", f' ,. ( ,{/ trt (f. ) / L -~~~ , tlu!"l /" ..de-e Karen L. Reeder Ii>) J,. /')(/11 ) ~~ ~ '\\~~ Douglas D. Reeder 'I f- 6 ("') ~D (') ~ ....0 ~I'I ,.. '1'" I tl3 ~~; "'0 it :I! ~O tl,' "'l ,.- ~(, N "n'l (Xl :.'i ~"',1 r't:,: ..\L, ,.,- . " .'{~~TJ ~~CI :z 1; (', ,:-1,) C: ft., ;')lll ~ t.,) :;1 ~'{j .j.- ....;: .~. n b; t'-... "n(j) O'lr-(! Zt"\' -..,. . [,} ,~-.~; 2;(5 :-i:~Cj -,:~ C", 'J:' -.- ,~c: ~---:\ -< \ . It) (;0 "" -"C' ::0 N ._J ::::) 0, .,. :.,i. i.:~~~ ,') "'1<'" .". '1 ,- - ~t \'")-- '''\.'' "~"I n , ~~ 't:.. '.u ~.< @, (,) " .,..., , en ~ I ..' J \lJ ... ..... ... l, 0') - ,"'"' ~ -.l ~) ~i ~\ Ir, " V. C'. v- I.. (~ C. e (> ~ t r .f II (') \':" , J S'; ':tJ 'I :t:-", ~n. -',-J Djf;r, :--\J (';; ~, I\.'J Ff~; (, Ci:l '-"",1 'H~ ~~~ C:- ;r--~ .-~ :,~_. ( 1,,;:- '.'1 -~.) '-Co ---.1 :q ..< 1'- 0- ...; " AFFIDAVIT OF CONsgr:rr 1, A Complaint In Divorce under ~ 3301(c) of the Divorce Code was flied on April 27. 1998. 2. The marriage of plaintiff and defendant Is irretrievably broken and ninety days have elapsed from the date of filing and service 01 the Complaint. 3. I consent to the entry of a final Decree In Divorce after service of notice of Intention to request entry of ths Decree. I verify that the statements made In this Affidavit are true and correct to the best of my knowledge, Information and belief. t understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 4904 relating to unsworn falslflcetlon to authorities. r \...,~ <)J'.iLO Douglas D. Reeder, Defundant ~.., \ '-. . -w..J,.:" .1.... - Dale: '1 \ \;, \ 'y) WAIVER OF NOTICE OF INI!,;NTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODe 1. I consent to the entry of a final Decree of Divorce wllhout notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce Is granted. 3. I understand that I will not be divorced until a Divorce Decree 15 entered by the Court and that a copy of the Decree will be sent to me Immediately after It Is flied with the Prothonotary. I verify that the statements made In this Affldavll are true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. \~.., n l \ , "J' -.'....,... \\".... ,,~ . ouglas D. Reeder, Defendant 1'\ \\(, I " C') '_"Ii "" I ~~- l..U , I '1: iT, :r',w ! 'TJ q {-. ..,.~, , J , ., I" ,1._ t, 1'.....' ! 1\ Ui I "' , "r ~-~~: , i i-J .-; , ", r. l ::l "" t ,"' ,'" ~;-~ , i' 1 . (,"I :;:1 :,,) 5-~1 .;..,C .. . .,. -.' , KAREN L. REBDER. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff VS, : CIVIL ACTION. DIVORCE : NO, 98 . 2349 CIVIL TERM DOUGLAS D. REEDER Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of Complaint in the above captioned matter on behalf of DOUGLAS D. REEDER, Defendant above, and certify that I am authorized to do so. ~ Joseph D, Buckley, EsquIre 1237 Holly Pike Carlisle, PA 17013 (717) 249.2448 MJ\Y 12, 1998 Date c> ,,-() C ,:J ~", '1'. "'0 \i'~I< ~ n rn i . , :~_'~' 1:':;," 1"'-_) t~y" n;1 r~~ r; i ".--. " J;:Ci ~i;..~~:; ~) ." ;L-. () " ~ I !.UTI '\1'_' ill , ,':) , CJ " .\ .~', I .Il , :j'-Il ~~ "T". ~n ~< \,J) '.:> ..j KAREN L, REEDER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS, : CIVIL ACTION - DIVORCE : NO, 98 - 2349 CIVIL TERM DOUGLAS D, REEDER Defendant : IN DIVORCE ACCEPTANCE OF SERYJ.CE. I aocept service of Complaint in the ubove captioned matter on behalf of DOUGLAS D, REEDER, Defendant above, and certify that I am authorized 10 do so, ~,,~ . Joseph ,Buc ley, Esquire 1237 Holly Pike Carlisle, PA 17013 (717) 249.2448 May 12, 1998 Date KAREN L. REEDER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANII\ vs. I NO. 98-2349 CIVIL TERM DOUGLAS D. REEDER, Defendant CIVIL AC~ION - LI\W CUSTODY aIDER OF COORT AND 1Q/, this II) ~ day of , ~ oonsideration of the attaohed Custody ~ation and direoted as follows: , 1998, upon Report ,ll is ordered 1. The Mother, Karen L. Reeder, and the Father, Douglas D. Reeder, shall have shared legal custody of Justin D. Reeder, born June 17, 1993. Eaoh 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 not limited to, all decisions regarding his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child for one weekday overnight period and one weekend overnight period each week with the specific days and times to be arranged by agreement of the parties. When the Child has school the next day, the Father shall return the Child by 6:30 p.m. The Father may have custody of the Child at any additional times arranged by agreement of the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B which shall run from Christmas Day at 12:00 noon until Decerrber 26 at 12:00 noon. The Mother shsll have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. Thanksgiving: The parties agree that they shall eaoh have custody of the Child for half of Thanksgiving Day every year, with the specific time for. the midday exchange to be arranged by mutual agreement. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noorl until Easter Sunday at 12:00 noon, and Segment B, which shall run from EasteL' Sunday at 12:00 noon until the following Monday at 12:00 noon. 'rhe FatheL' shall have custody of the Child during Segment A in odd nurrbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even nUlTt>er.ed years and during segment B in c.dd numbered years. D. Alternat:!!!9 Holidays: The parUes shall alternate having custody of the -CfiIld from 9:00 a.m. until 7:00 p.m. on the following holidays: New Years Day, Memorial Day, July 4th, and Labor Day. The Mother shall have custody of the Child in even nUlTt>ered years on New Years Day and July 4th and, in odd numbered years on Memorial Day and l,abor Day. 'l'he Father. shall have custody of the Child in even nurrbered years on Memorial Day and Labor Day, and in odd numbered years on New Years Day and July 4th. E. Mother's Day/Father's Day: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m., and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. F. The holiday custody schedule shall supet'sede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for up to three (3) non-consecutive weeks each year when that party is on vacation from work or for an occasional day or overnight trip with the Child's grandparents. Each party shall provide to the other thh"ty (30) days advance notice of any intent to exercise the right to custody under this provision. 6. In the event. either party is hospitalized, the other party shall have custody of the Child during that period and shall provide r.easonable access to the Child for the Child's grandparents. 7. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Ordet. shall control. ' co: BY THE ~::) ~ (J661::~e...g..- IJeff6L", EIi-vJ'INd E. C;;;u,'dl.J Carol J . Lindsay, Esquire - Counsel for Mother (-)1 eu Joseph D. B\lCkley, Esquire - Counsel for Father) I ~l<I_,L, -- J. (P-/(-rf jIf5 'n ~ ~ G0 ~. z ., ~ 0 ~ ~ r: ~ ~ ~ ~ (J .J ~ ~ r ro \.LI ~ if) ~ 0 ~ z u Z x .c ~ CiI 0 ~ .: i:.i 0.. ~ Z Z ci e>: 0 &: ,. <.5 ~ ~ CO 0 il c.: .. . r: :.:J ~ 0 ~ '" . <: Q " \.LI ( ~ ~ <Q :r: --I U \.LI ~ Z (/) L~W OI"FIClES SNEl8AKER. BRENNEMAN 81 SPARE KAREN T.. REEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-2349 CIVIL TERM CIVIL ACTION - LAW v. DOUGLAS D. REEDER, Defendant CUS'rODY ORDEI\ AND NOW, this _ '?S_. day of 'n:;>\r'lf\\:1:.(, 1998, upon oonsideration of the attached PetitIon for MOdification, it is hereby directed that the part.ies and their respective counsel app~ar before t~'l:./.J(\ '':,~X\l1'l .' Esquire, the conciliator, at;;!'1 \,),\-\Ct\(\,.:>\" 4-,1;-\r\V'lQ\~J'X(~ .' Pennsylvania, on the _ '~:_ day df [)( \.c,\L\\:(' ,'" 998, at '1 _ o'clock ~.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, t.o 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 present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FO.R THE COUR'r, By: ct'ir\ \ D'/\ Jj, 0\11N\ltu h. ~~, Custody conBTITatc(!)' l~,) The Court of Common Pleas of Cumberland County is required by law to comply with t.he Americans with Disabi.lities 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 L.AW oFFICES , SNl:LP^KER_ BRjENNEMAN 8l SPARE 6. prior to Mother's relocatIon, Father saW Justin on a \ \ , regular basis in excess of the minimum two overnights per week set forth in the June 10, 1998 Order of Court. Father would pick Justin up at preschool at approximately 3:15 p.M. weekdays and return him to Mother approximately 6:30 p.M. 7. since Mother's relocation, Mother hae been uncooperative in scheduling Father's time with Justin resulting in Father spending less time with Justin. 8. It is in Justin's best interest to spend significant periods of time with his Father. 9, Father noW resides at 239 Montsera Road, carlisle (Dickinson Township), cumberland county, Pennsylvania with his girlfriend, Anna Hair and Ms, Hair's daughter, Amber Hair, 10. Father provides a stable home environment for Justin, WHEREFORE, Father requests your Honorable Court to modify the June 10, 1998 Order of court to provide for shared legal and shared physical custody of Justin between Father and Mother. Respectfully submitted, SNELBAKER, BRENNEMAN , SPARE, P. C. By: _12 pn 1 p . S are, "Esquire 44 W, Main street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Douglas 0, Reeder Date: September 2, 1998 -2- KAREN L. REEDER, IN THE COUR1' OF CU>lMON PLEAS OF Plaintiff . CUMBERLAND COlJN'!'Y, I.'ENNSYI,vANIA . . . vs. : NO. 98-2349 CIVIL 'l'ERM : OOUGLAS D. REEDER, CIVIL AC'l'ION _ LAW Defendant CUS'!'()[)Y OODEROFCXXlR'l: Atro tOI, this /6 (4' day of J~ t'(fc considel;'ation of the attached Custody C c 1 at on and dil;'9cted as follows: , 1998, Upon Repol;'t, it is ol;'dered 1. The Mothel;', Kal;'en L. Reedel;', and the Fathel;', Douglas D. Reedel;', shall have shared legal custody of Justin D. Reedel;' , born June 17, 1993. Each pal;'ent shall have an equal dght, to be exel;'cised jointly with the othel;' pal;'ent, to make all majol;' non-emer-gency decisions affecting the Child's genel;'al well-being including, but not limited to, all decisions regal;'ding his health, education and I;'eligion. 2. The Mothel;' shall have primaJ;'f physical custody of the Child. 3. 1'he Fathel;' shall have partial physical custody of the Child for one weekday overnight period and one weekend overnight pedod each week with the specific days and times to be al;'l;'anged by agl;'eement of the parties. When the Child has school the next day, the Father shall retuJ;'O the Child by 6:30 p.m. 1'he ~'ather may have custody of the Child at any additional times al;'ranged by agl;'eement of the [Jal;'ties. 4. The pal;'ties shall share 01;' alternate having custody of the Child on holidays as follows: A. Chl;'istmas: The Christmas holiday shall be divided into Segment A, which shall I;'un from Chdstmas Eve at 12:00 noon until Christmas Pay at .12:00 noon, and Segment B which shall run from Christmas Pay at 12:00 noon until DeceniJer 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in even nurrbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd nllllDered years and dudng Segment B in even nllJTtJered years. B. ~sgiving: The parties agree that they shall each have custody of the ChITd for half of ThanksgiVing Day eveJ;'f year, with the specific time for the midday exchange to be arranged by mutual agreement. I.f \ ! I t ( c. Easter: The Easter holiday shall be divided into Segment A, which EX/UnIT A shall run from the Saturday before r,'.aster at 12:00 noon until Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon until the following Monday at 12:00 noon. The Father shall have custody of the Child during Segment A in odd Illunbered years and during Segment B in even numbered years. The Mother shall have t.'ustody of the child during Segment A in even numbered years and during Segment B in odd numbered years. D. Alternating Holidays: The parties shall alternate having custody of the ch1ld fran 9:00 a.m. until 7:00 p.m. on the following holidays: New Years Day, Memorial Day, July 4th, and Labor Day. '!'he Mother shall have custody of the Child in even nurrhered years on New Years Day and July 4th and, in odd nurnbored years on Memorial Day and Labor Day. The Father shall have custody of the Child in even murbered years on Memorial Day and Labor Day, and in odd numbered years on New Years Day and July 4th. Mother's Day/Father's Day: 'l'he Mother shall have custody of the Child every year on Mother's Day fran 9:00 a.m. until 7:00 p..n., and the Father shall have Cllstody of the Child every year on ~'ather's Day from 9:00 a.m. until 7:00 p.m. '!'he holiday custody schedule shall supersede and take precedence over the regular ClIstody schedule. E. F. 5. Each party shall be entitled to have custody of the Child for up to three (3) non-consecutive weeks each year when that party is on vacation from work or for an occasional day or overnight trip with the Child's gr.andparents. Each party shall provide to the other thirty (30) days advance notice of any intent to exercise the right to custody under this provision. 6. In the event either party is hospitalized, the othet' party shall have custody of the Child during that period and shall provide reasonable access to the Child for the Child's grandparents. 7. This Order is entered pursuant to an agreement of the parties at II Custody Conciliation Conference. The parties may nodify the provisions of thi,s Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. TRUE (i;()py FROM REOOAD In TIltlIftOIly whenJOf, I her8 unto III my hIM II1d seel of llIIl ,. r;tat Carlisle. PI Tb Ill, daYI 0 l.l tu. 19 '(7\' .I\....u .' ' .<~\,1 -f'J-- '" /L . -r '" L...Jlmtt\o ',' 1'-4 CJ{{,'I' 'w'" ~'\ J cc: ~ol[ . Lindsay, Esquire - Counsel for Mother Joseph D. Buckley, Esquire - Counsel for Father BY THE COURT, ^ I '.~ \ f ,.CI V\ ' I I 5( ( ~ll t,l..... l zjtLLH"- COn~9~ E WQff9r. LdlU1ILd E, [/-" ',ILJ J:' EXIIIBIT ^ 1915 ..~-B I -,- -- - '" """" ~ ___ ..... .,..,...-:;" ~__"",,'" '0"""'" _to IN ~.~n~~ custodY conc1.11.ato~ SU tOe unde'C51.gn...... 'nn the ChHd '<Iho 1.5 the subject conce~n.'.. ~'l 1N~" rP l'Iothe~ "e. NO' 98-2349 . CI~IL ~crl~ - L~~ . \ IN C\lS'tOD'l ._.Dn;l L \$\1.DE\l.. lV"'""-.' P1a1.ntHf {)CIJG~S p. {l.E\1.DE\l.1 pef.endant l'Ql~~: ~ t!o. aui.()> ~ . ' fo'(\\'3t1.on 1 'the Q6~tl.nent .n . of th1.~ 11.t1.gati.on 1.S as f.ollO'<ls. ~ ~ June 17 I 1993 ,,,,tin p. _, <yo"''''' s, 199" .,,, ". f.",,,,,,, ", ",ld '" . - .,,,,,, 2 1\ concH1.at1.on con da~ce' 'the l~otne'C I \<.a~en L. e ' d '<I1.th . ,,,,, lS 1.1\ atten .. . tn ~ DOUglaS I). Ree e~ I '011""'" ,,,,,,. ''''';. ,ot"" -'''.'''' '''''' · , counsell ca~ol J. S ~el \'!.aqul.~e. . '" ",,,,,,1, ",n' p ". '" ' "" oOtt'" '" ,,,,,, " t ~ed an ()'Cde~ .n de~ '<Ih1.ch the ,. '"' """ <<..,,,,,( :: : ,,,,,,,,,,'',,, ,",'''''"'',~"" " ",,,,., ,''' "".un" to '" ..'~"'f "",_ "'" "" '.-. ",d of..." ,,,, """" _' ... <<'oO'" <"':' '" "",_",,,,, ,,, '''' t~~'''' ...",,,,,,1 P"'"" <"",,,,' "",on. _ ,~.,.." ",,- ,,- ,n "" """'" ",,,,,,,,,, ,.",.M ..',"" "" "'~, ".'" "'" .,tn' ",,",, ~ ", ",,"p'''''''''' ,o' · 0' "",on '''' '''' ,;;:""tl' _"" 'hO;:;' ",nd ,,,,, "" "","'';' _ ,,,,, "",. "."" ",,,,,,,", . , _ 0' "" "".", ' ...'''''' """,,,,,,,, '''''. thO "'"..." '0 ."""" " ,,,, _",", to p'" up "" """ ...." thO ":.;' , ,....' ,,,, "'hO' ." CO; ,,,, '" ,o' "",,,, '" """, ",_'" yo<' P" _ 0_, "'" '" ",'''' th'~ '" " ,,,, _ntn""" ",l1d ...'" en' .,t<'" 1 to ,..... .. ..'- , ~ ~,,,oO "" "" "". -, to "."",,1' . - ",. ,."e....- d 't '<11.1.1 bEl necesaa., t.... ~ """",,,"" ' '011"''' "" ,. ,. , "" "",- "," , '" ,. ..., ,'''' .. '"' ,._" p""~:::' <<'o' _"""'" """:;"';;, "" -" ,,,,,,,,,,", "'" "', "I,~' ,'",. 0' "",tsftI "" -:: .f"" ",,",,. '" ",,,,,,, to '''' l') "'.", onld'" thO ",nd ..." assu~ances that he c " \ \ \. .) .." .,'i'l the Mother has willingly reinstated the every day pariods of after school custody for the Father, the return time has been 5:00 p.m. rtlther than 6:30 p.m. due to the Mother's rrove to Newport. The Father believes it is in the Child's best interest to spend more time with him and he is now seeking shared phYSical custody on It SO/50 b"sis. The ~'ather stated that he seeks modification, despite the fact that the Mother has reinstated the schedule to which the pa~"tieB infot1ll1ll1y agreed under the June 1998 Or:der providing for aclc1itiona1 periods of custody, becau~e he was not p~"ovided that opportunity fOllOWing the Mother's periods of hospitalization dudng the S~~r. The Mother's offer to specifically state the after school arrangements in a nXXUfied Order did not satisfy the Father's concerns. The Father instead proposed that the parties share custody on a three (3) day / two (2) day ongoing schedule for exchange. 5. The Mother's position on custody is as follows: The Mother believes that there has been no chilnge in circumstances since the prior CUstody Order was entered in June 1998. The Mother. indicated that the Father had custody of the Child during her hospi talizations in the SUlTlller as pr.ovided for in that Order.. The Mother acknowledged that she has moved to Newport to live with her pal:'ents tempor.arily due to the fact that she lost income due to her absence from work during the hospitalizations and was unable to afford her apartment in CarliSle. The Mother indicated that she intends to move back to the Carlisle area within approximately two months when she has saved enough rroney for a security deposit. The Mother believes the schedule provided for in the June 1998 Order continues to serve the Child's best interests and should not be modified. However, the Mother was willing to aclc1 a provision to the Or:der expressly stating the parties' informal agreement that the Father would have custody of the Child every day after schOOl until she returns frem work. ACCOrding to the Mother, the only changes to the custody arrangements necessitated by her move to Newport are that the Father must drive five minute$ more for exchanges and ,the Child must be returned one hour earlier each day on weekday periods of custody when the Father does not have the Child overnight. 6. The Conciliator recOlllnends an Order in the form as attached SCheduling a Hearing in this matter and adding certllin provisions to which the parties agreed pending the Hearing concerning the place of exchange and expressly providing for the Father to pick up the Child after school every day. It is expected that the Hearing will require one-half day. ((j~,~~ Dawn s. SUnday, Esgu re Custody Conciliator ()ch ~ Date I\.{. N9( .