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Home My WebLink About98-05815 " ~ o -...{ ~ J 3 o "'< ~ ...... . .:\ ~ '" " (),l . I . '<'I, . ~: ~i i .1 ~l I I STACY LOlllSE LOWE. Plaintiff \'s. PHILIP ALAN LOWE. Dd'cndant ,JAN I !/14YY , , IN Till,: COI 'RT OF COMMON PLEAS OF l'l !MIII'RI.ANI> CO(INTY. PENNSYLV ANIA NO, lJX-5X 15 CIVIl. TERM CIVIL ACTION - ClISTODY OImER AND NOW this /.. <"-1'1, day Of~- .1999. it being reported to the Conciliator that the parties have reached an agreement which makes thrther proceedings unnecessary. the undersigned Conciliator hereby relinquishcs jurisdiction and returns the mailer to the Court Administrator. Ifeither of the parties wishes further proceedings in this action. they should petition the Court anew. ec: Mary Kollas Kennedy. Esquire Samuel L. Andes, Esquire FOR THE COURT, t~~~ 3N~!' J() Custody Conciliator -I<" .W~*~~'"~~:~.:~~~:.::.:.~:.::.:~::.:. l' !i ~ ~ . ..: :.: :.; .".:- :.; -:.;, ':+:. .:+:' -:4 /..:, .~ w ... IN THE COURT OF COMMON PLEAS w ',' ~ ~ Ii OF CUMBERLAND COUNTY ~ w ',' ~ lei .,~S-~. PENNA. I' ",~~',.~~~,,l ,. .', ";:,;:::,;-'; .' ~ $ $ ~ ~\ STATE OF ~\ * ~ *:1 . i ~: ~l >"1 ~n " ~l STACY LOUISE LOWE, $ :,\" 98-5815 Civil PLAINTIFF ~ ... \", ) ~ PHILIP ALLEN LOWE, s DEFENDANT ,', * $ i.. ~~ "'J ~! .,.i f.) . ) ~) ...) ~ $ DECREE IN DIVORCE AND NOW, ,Fl:b(v ~ 1 {Pi""" 19 ~,~, ~ ~ ... ~ ... , it is ordered and $ " ~ decreed that ,stacy, Louise, Lowe, and, ,Philip, ,Allen ,Lo.w,e , are divorced from the bonds of matrimony. ~ ~ ~ , , , , " plaintiff, , , , '. defendant, $ ~ ~ '.' * ~ * $ The court retains jurisdiction of the following claims which have been raised of record in this action for which 0 final order has not yet been entered; The Marriage Settlement Agreement bet.ween the parties .was executed on January 18, 1999 and is incorporated but not merged into this D'ecre'e" in' Oi1ioi:'ce; , 'Tlie' Custody' Agreeme'rit 'bE,t:Ween 'the' 'parnes' was f.:i.~,?~, ,01}, ,J.~l)1,l;1!,Y ,19" ,1,99,9, and ,~!?, i,n.c:9rp,oz:~ti!,q ,1;J!"t, ,1}9!:, ,l1)e+g,~d. ;Lflto this Decree in Divorce. ~ ~ ~ ~ ~ ~. ~ ~ $ i~ I~ ~ ~ ./ ~ lJ y The C lit" J I : t t! ,r-; I, , . ____/. , , ... l.l /' ,.., '~, '" . . Alle,l: I''''~ fl '-' : /1 -#~ -.E , -~t""....., r-. k~ /,;,~~'rA""'''''I",::''-k~ J jJ, ,.'.d' C);-/ 7~y?I'(,~ K -':;:de"", y;;'t'~ {/ Pf'othonotary $ J. * ~ ~ ~ -, '~ .:.:' -:.;. -:+;. -:+;, ,a.;. ':~;, ':+:- -:.;" -::<e:- ':+:. .:+;, .:+:. , L' /./ 'c ' '>:.'.~' ._) /1 /":/ l~"._ ~ d #. -.. ,,/' -." // 'J~ .,.,0,'?{,.~,_'- '/~"I',A,':_" ;t., '(' ,..'. ,. '_1:.::7" ., _ _, ..._ , "<L.". :.t._~(. ,./ - ,~ '. , STACY LOUISE LOWE. Plaintil1. IN TIlE COURT OF COMMON PI.E,\S OF ('lIMBERLAND COUNTY. PENNSYI.VANIA v, NO, 98-5815 Civil AI/~., PHILIP ~ LOWE. Defendant CIVIL ACTION - LAW IN DIVORCE AGREEMENT This Agreement is made this 1J!.,i:& day of \ I ~,"v' ~l ' 1999, by and between STACY LOUISE LOWE of Cumberland County, Pennsylvania ("Wife") and PHILIP ALAN LOWE of Cumberland County, Pennsylvania ("Husband"), WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on April 24, 1993, in Camp Hill, Pennsylvania; WHEREAS, certain unhappy differences. disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: - - - - .-.- ....i ,,____."..........,0.,.";. The settling orallmallers between them relating III the ownership or real and persunal property including properly heretolllre or suhsequenlly acquired by either parly. 2 The settling of all disputes. rights and/or interests helween them arising out or or by reason oflheir marriage including but not limited to the past. presenl and future support. alimuny, counsel fees. costs or maintenance of Wife by Husband or of Ilusband by Wire, 3, In general. tbe sell ling of any and all actual and possible claims by each party againsllhe other or against their respective estates, NOW THEREFORE. in consideratioo of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration. the receipt and adequacy of which is hereby acknowledged by each orthe parties hereto, Wife and Husbaod, each intending 10 be legally bound hereby. coven anI and agree as follows: I. Advice '!fCOIlIl.l'cl, The provisions oflhis Agreement and their legal eRect have been fully explained to the parties by their respective counsel. Mary Kollas Kennedy. Esquire. of Camp Hill, P A, for Wife and Samuel L. Andes, Esquire. of Lemoyne, P A, for Husband, The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, Ihal each has fully disclosed his or her respective linancial situations to the other including his or her property. estate, assets. liabilities. income and expenses, thaI each is familiar with and fully understands Ihe taels. including the property. estate, assets, earnings and income of 2 4, I}kl'l of 1l/"!I/'('('/It'CI'<,<,--I//('(J'l)o/'{/I/()//. No MerKel' The panics agree that unless otherwise speciJically provided herein this Agrcement shall continue inlililtilrce and ellect aileI' such time as a linal dccision in divorcc may hc cntcrcd with respcct to the partics, Hushand and Wife agrce that the terms of this Agreement shall he incorporated but nnt merged into any divorce decree which may he entered with respect to the parties and there/ilre Wile and Hushand agree and each of the parties docs hereby warrant and represenl to the other that should either of them ohtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonahle steps to have this Agreement incorporated as part of any such decree, judgment or order. The parties /izrther agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the par1ies and the suhject matter of the Agreement for the purpose of enforcement of any of the provisions thereof Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said panics does herehy warrant and represent to the other that should either of the parties obtain a decree, judgement or order of separation or divorce in any state, country or jurisdiction. each of the parties agrees that all of the provisions of this Agreement shall not he affected in any way by any such separation or divorce, it heing agreed hy the parties that this Agreement shall continue in full force and effect aileI' such time as a final decree a divorce may be entered and shall survive and not be merged into any such decree, judgment or order, 4 i I, i 5 1,/fi.'I'1 (1/1 /In'()/'('(' The parties ugree to take alllegul steps (including timely und prompt suhmission ofull documents allllthe tuking ofull uction including executing the uppropriute wuivers of notice of the master's hearing. right to tile l'xceptions. and right to tile uppeul) necessury to ussure that u divorce pursuuntto Section 3301 of the Divorce Code is entered us soon as possible, but in any event not later than three (3) months from the dute of execution of this Agreement. To that end. the purties have executed und ugree \0 promptly tile the uffidavits required to obtuin u divorce pursuant to ~ 3301(c) of the Divorce Code If, aller the execution of this Agreement. either party delays or contests the obtaining of a tinal, unappealed divorce decree. tlmt party shall be fully responsible for ull attorney's fees. costs and/or expenses incurred us a result or such dcluy in obtaining the decree, 6, IJ.fec/ (!f No /Ji\'Orce, This Agreement is predicated upon and mude subject to the attainment ofa finat decree in divorce under Sections 3301(c) of the Divorce Code und therefor, except as otherwise provided for herein. this Agreement will be null and void if a tinal decree in divorce is not obtained with three (3) months of the date of execution of this Agreement. 7, Warranly of f)isc/osllre, Husband and Wire represent und warrant that they have disclosed to each other the full extent of their assets, income and liabilities, Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation oflack of sufficient disclosure of assets or II1come, s 8 1"<flllll/hI<' 1 Ji.l'II'Ihlll/fI/I '!ll'rol,,'r(I', (a) IJrellll.\('.I', Wife holds title of the premises identified as 140 St Johns Drive. Camp Hill. Cumberland County.!'A 17lJII (the "Marital Residence") Wile shall retain the Marital Residence and will be solely responsihle to pay the mortgage and any other expenses associated with the property, Accordingly. Wife agrees to indemnify and hold harmless Husband from and against any such liabilities. costs or expenses relating to the Marital Residence aileI' the date of execution of this Agreement. (b) IJer,wJ//l/ll'roper(I'. The parties have agreed to distribution of the personal property outside this Agreement. Each party hereby warrants that the personal property in his or bel' possession as of the date of this Agreement shall become their property and the other out of possession shall have no further claim. thereon, (e) Uahililie.l'. The marital debt consists of the following: \, MasterCard, Account Number 546710500258334, in the amount of Three Thousand Six Hundred Forty One Dollars and Twelve Cents ($3.641,\2), 2, Avco Loan, Account Number 10375423. in the approximate amount of Two Thousand Six Hundred Dollars (2,600,00), 3, Members First Loan, Account Number 162790-04, in the approximate amount of Six Thousand One Hundred Dollars ($6.100,00), The parties agree that Husband shall assume debts Numbered I and 2, Husband shall indemnity and hold harmless Wife from and against any liabilities, costs or expenses including attorney fees relating to these debts after the date of execution of this Agreement. 6 Wife agrees 10 assume the deht Numhered.1 Wife shall indemnily and hold harmless Ilushand fhlll1 and against any liahilities, costs or expenses including aHorney lees rclating to this deht aileI' the date of exccution of this Agreemem, (d) Alllollwhtle, Wile shall receive title to her 1'J'J7 Sahle Automohile and Hushand slmll execute the necessary papers to allectthis transf'cr to Wile Wile shall he solely responsible to make the payments on this automobile and Wile shall indemnily and hold harmless Husband from any liabilities associated with this automobile (e) Child .'i1lf!f!OI'l. The parties understand that the right of support for their minor children lies in the children and. as a result. this Paragraph may be unenforceable and subject to modification by a separate petition in the future, The parties. however. wish to recite that Husband shall pay support lor the two (2) minor children of the marriage at the rate of Seven Hundred Filly Dollars ($750,00) per month, I-lu,; 10......., d ,1".>11 h~ ~+:;-J.J~d k <-l~'.,..., O'7e 01 d-,;\C\^') ~ ~tic.., ..:1<;' (t.",\ ~~'~ t,..... '1"'1"> <,v\'p",r"t. \"L (I) ----r/9'Jii 7llX ['IIiIl!,- The parties agree to tile ajoint tax return for the year ~O,; 'J 1998, Husband and Wife further agree that any refund received will be divided equally between them, (g) Reliremelll, Each party shall retain his or her own retirement account with L.B, Smith. lnc, ~(.., MI <J.~~ves ;).,'1 <:..\:::1;..., 1\:l ~ <:4\.,,,,, ~ I\l..-h~e... t- Plr ~ ~"-c",,;t: Sf- 9, Credit, Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability, From the date of execution of this Agreement. each party shall use only those cards and accounts for which that party is individually liable, 7 I (J ("Jlmld 1'1''''\' Ilusband and Wile agrcc cach party shall bc rcsponsible IIII' his or hcr ownlcgallecs and cxpcnscs, cxccpl Ihal. in thc cvcnt ofa hrcach of this Agrcclllclll. lecs shall bc rccovcrablc by a non-brcaching party in an aClionlo cnll'rcc thc provisions of this agrcclllcnt II, 11'0/'1'<11/(1' C/.I 10 l'i,I/,I''' (Jh!/!:allol/.I, Wifc and Ilusband cach covcnants. rcpresents, warrants. and agrccs Ihat, cxCCpl as Illay bc othcrwisc spccifically providcd Illr by thc tcrms of this Agrccmcnt. ncithcr ofthcm shall hcrcaller incur any liability whatsocvcr tor which thc othcr or Ihc cstatc oflhc othcr may be liablc. and each now and at alltimcs hcrcallcr shall indemnify and hold harmlcss Ihe other party from and against any such liabilities. costs or expenscs, including attorncy's fecs. relating lhcrcto incurrcd by lhc othcr party allcr thc dalc of execution of this Agrcemcnt. 12, Wal'raJllic,l' a,\' 10 1,~\'i,\'lill!< Oh!i!<aliol/s, During the course of the marriagc, Husband and Wife havc incurred certain liabilities and it is hereby agrced, without lhc neccssity of ascertaining for what purposc and for whose use each of the bills was incurred. that of thosc liabilities Ihal were incurred prior 10 the date of execution of this Agreemcnt, Wile and Husband each covenants, represents. warrants and agrees that. except as may be otherwise specifically provided for by the terms of this Agrecment. as of the date of execution of this Agreement. no unpaid liabilities remain which were incurred by him or hcr or on his or her behalf for which the other party may be deemed liable; and, if any such debts or obligations should be dctermincd to have existed as of the date of execution of this Agreement, the party who incurred that debt shall indemnitY and hold the other party harmlcss for and against any loss or liability and costs or expense. including attorney's fees, incurred as a result of those liabilities, 8 13. MlIllIlI' Ud"",,,''\, Except. and only except. till' all rights. agreements and ohligations of whatsoever nature arising under or which may arise under this Agreemel1l or ti>r the breach of any part of this Agreemel1l. Wife and Ilushand each do hereby mutually remise, release. quitclaim and l(lreVer discharge the other and the estate of the other. 1(11' all time t<1 come. and 1(11' all purposes whatsoever. of and from any and all rights, title and il1leresl. or claim in or against the property (including income. and gain from property herealler accruing) oflhe other or against the estate of the other. of whatever nature and wheresoever situate, which he or she now has or at any time herealler may have against the other, the estate oflhe other or any part thereof: whelher arising (a) out of any former acts. contracts. engagements or liabilities of such other. (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance. or (d) under the intestate laws. the right to take against the spouse's will. 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 (i) Pennsylvania. (ii) any other State. Commonwealth or territory of the United States. or (iii) any other country, Except. and only except for all rights. agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement. the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction, The parties further release and waive any rights which either party may have 9 now or hcrcallcr against the other including but not limited to daims 1111' past. present or IIllure support or maintenancc. alimony. alimony pcndcntc Iitc. propcrty division (induding bulnot nccessarily limitcd to equitablc distribulion). counscllecs, costs or cxpcnscs, whctbcr arising as a rcsult ofthc marital relation or othcrwisc. wbctbcr undcr tbc Divorcc Codc or otherwisc E.xccpt. and only except. for all rigbts. agrccmcnts and obligations of whatsocvcr naturc arising undcr or which may arise under tbis Agrecmcnt or Illr tbc brcach of any part of this Agrccmcnt. it is thc intcntion of Wile and Husband to givc to cacb other by the cxccution of this Agrecmcnt. and IllIl, complete and general release with rcspect to any and all property of any kind or naturc. whcthcr real, personal or mixed, which the othcr now owns or may berealler acquirc, 14, MII/lla! Wail'as. Except as provided for in this Agreement. Wile and Husband do bereby waive, release. and give up any rights tbat they may respectively have, eitber at the present or in the future, against the other for equitable distribution, alimony. support. maintenance. or lor any other right resulting from their status as Wife and Husband Wife and Husband agrce that neither party may apply to any court lor a modification of this Agreement, with respect to alimony, distribution of property, or otherwise. whether pursuant to the Divorce Code or any other present or future statute or authority, Except as provided for in this Agreement. it shall be the sole responsibility of Wife and Husband to sustain herself or himself without seeking any support from the other party from the date of execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnity and hold the other party harmless from and against any loss resulting therefore, including counsel fees and costs, 10 .' 15 IV""'L'!'''!' Mfltl1/iml/"l/ll1 h"/1/ IJ'l'I/lIIg No modificalion or waivcr of any oflllc Icrms hcrcofshall hc valid unlcss in \\Tiling and signcd hy holh parlics and nil waiver of an)' hrcach hcrcof or dclilull hcrcundcr shall hc dcemcd a waivcr of any suhscqucnt del;loll of Ihc same or similar nature. 16, /1-11/11//11 ('''''PL'l'<Ili,,1I. Each parly shall. al any lime and Iromlimc 10 lime hereatler. take any ,md all steps to cxcculc. acknowledge and deli vcr to Ihc olher pany any and all limher instrumenls and/or (within at leaslfil1ccn days allcr demand Ihcrclilrc) documcnts Ihallhc olher party may reasonably require li'r Ihe purpose of giving filII lorce and ellcct 10 thc provisions orlhis Agreement 17, I.all' (!/!)L'I/I/.~l'h'lI/li" Applimh/(', This Agreement shall be conslrued in accordance with the laws oflhe Commonweallh of Pennsylvania which are in etlcCI as oflhc dale of execution of this Agreement 18, II/Iewalilll/, This Agreement constitules the entire understanding of thc parties and supersedes any and all prior agreements and negotiations between them, There are no other representations, lerms. covenallts. conditions, agreements or warranties. express or implied. oral or written of any nature whatsoever, other than those expressly set forth herein, 19, Severahility. Ifany term, condition. clause or provision of this Agreement shall be determined or declared to be void or illvalid in law or otherwise, then only Ihat term. condition. clause or provision shall be stricken l1'om this Agreement and in all other respects this Agreement II ... .- ~. , shall be valid and continue in Illlllllrce. elreCI and operatinn I.ikewise. lhe tililllre or any part~' to Illeet her or his obligations under any nne or more or the I'aragmphs herein, with the exception or the satislilction or the condilions precedent. shall in no way void or alter thc rClIlainin!,( ohli!,(ations or lhe parties 20 ('olll/'C/CIIIIIl'If!J'l'lali(JI/, For purposes ofimerpretation and I'll!' the purpose or resolving any ambiguity herein. Husband and Wire agree that this Agreement was prepared jointly by their respective attorneys, 21, Wail'l'!' (if Uahilily. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is. for any reason, illegal or for any reason whatsoever of public policy. unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that. in any possible event. he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and year first above written, Su Louis, Lowe z4~ Philip A ,Lowe /lacA/ 12 COMMONWEALTH OF PENNSYLVANIA COUNTYOF ('"",11,', I,~,,,( SS On this ,~_ day or:.ki.lcl~LY_",,__' 1999. STACY LOUISE LOWE Known to me (or satisfactorily provcn) to be thc pcrson) whosc namc is subscribcd to thc within instrumcnt. and aCKnowlcdgcd that shc exccutcd the samc for thc purposcs thcrein containcd, In witncss whcrcof: I hcrcunto sClmy hand and ollicial seal. I I, ['; ,',11 [ ~ , " , " ; />,(1) . ___/L_a! ..y..._l, /c.l.e '- : Notary Public' My Commission Expircs: {),,} II., 1'1', 'i COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss: ) On this _ day of . 1999. PHILIP ALAN LOWE, Known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aCKnowledged that he executed the same for the purposes therein contained, In witness whereof: I hereunto set my hand and official seal. Notary Public My Commission Expires: 13 IN lliE CCURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVIINIA STACY LOUISE LOWE, PLAINTIFF NO. 5815 CIVIL 1998 vs. PHILIP ALLEN LOWE, DEFENDANT PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdo~n under Section 3301 (c) ~EXXOOlll{Xj( of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the ccmp1aint: Complaint was served bv certified m~il on nr.tohpr 1h, 1QQA ;::Inn I.J:=lC! Fj'eoo nn nt"'t-nhor 1:', 199A 3. Complete either Paragraph A. or 2. A. Date of execution of ~he af:idavit of ccnse~t required by Section 3301 (c) of the Divorce Code: by the plaintiff January 18, 1999 by the defendant January 26, 1999 B. (1) Date of execution of the plaintiff's af:idavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Defendant was served by first class mail and and executed the notice on Januarv 26. 1999. Plaintiff on January 18, 1999. notice . ,I ,l Plaintif -'] " " I , .1] n , ~'J , "J -ij 'II ).:- d. ) " " .. , ;:- , ;, ..''J -< , . ,~ ,. ' .--' STACY 1.0llISE I.OWE. PllIintilr IN TIll' COURT OF COMMON pl.I;AS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 1'1 "LIP ALAN LOWE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGIITS YOU IIA VE BEEN SUED IN COURT. If you wish to defend lIgainst the e1l1ims set for1h in the following pages, you must take promptlletion. You are wamed that if you filii to do so, the case may proceed without you and a decree of divorce or annulment mllY be entered against you by tbe Court, A judgment may also be entered against you for any other claim or relief requestcd in these papers by the PllIintilf You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend nmrriage counseling prior to a divorce decree being handed down by the Court, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. You are lIdvised that this list is kept as a convenience to you and you arc not bound to choose a counselor li-orn the lis!. All necessary an'angements and the cost of counseling sessions are to be home by you and your spouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP, Coul1 Administrator Cumberland County COUl1house One Courthouse Square Carlisle, Pennsylvania 17013 17, Inthc pllst Iivc ycars. Philip David Lowc IInd Malthcw John Lowc havc rcsidcd with Ihc lilllowing pcrsons and atlhc lilllowing addrcsscs: Philip Lowc ami Stllcy Lowc 1.10 St. Johns Drivc Camp I iii!. Pcnnsylvania 1711 II 16. Plaintiff is awarc of no pcnding cnswdy procccding conccming Ihc childrcn in a clIIII1 of Ihis Commonwcalth, 17, 'Illc Plaintifr sceks primary physical and legal cllslody with visitation or the childrcn. I>hilip David Lowe and Matthcw John Lowe. tothe Dcfendant. 18. 'Illc bcst intcrcsts and permanent wcllilre ofthc childrcn will bc servcd by granting the rclicf rcqllcstcd bccallsc: (a) Plaintiff has sharcd thc rolc of primal)' care givcr to Ihc childrcn. (b) Plaintiff is morc likely to filcilitate a rclationship bclwccn thc othcr parcnt and thc childrcn. (c) Plaintiff can providc a nUl1uring. stablc. and loving cnvironmcnt filr thc childrcn. 19. Whilc no custody agrecmcnt has bccn rcachcd as of thc date or thc filing of this Complaint, Plaintiff is willing to ncgotiatc a lair and reasonablc agrecmcnt of allmatlcrs with Dcfcndant and is hopcful that Dcfcndant may also bc willing to cntcr into a cllstody agrccment. 20. To thc cxtcnt that a wl;t1cn custody agrccmcnt might bc cntcrcd into bctwccn thc p1ll1ics. Plaintilr dcsircs that snch writtcn cllstody agrccmcnt bc approvcd by thc COllrt and incolllOratcd in any divorcc dccrce which may bc cntcrcd, 3 COlINT IV - R.:OIIEST nm AI'I'ROYL,\J. OF ANY S.::o:LJ::i\1 ENT.L\G.IH,J.:M.t:NT ANI) IN('ORI'ORA'I'I<lli.I.Ili.:.RI::..O... IN U1VOIU'E IH:C1U:t:; 21. Paragraphs I through 20 of this COl1lplaiutarc incorporatcd herein by refcrcncc as thoogh sct forth io full, 22. 'Illc public policy ofthc COl1ll1lonwcalth of Pcunsylvaoia cncouragcs partics to al1larital disputc to ncgotiatc a sclllcmcot of their dillcrcnccs, 23, Whilc no sclllcmcot has bcco rcachcd as of thc datc of thc liIing of this Complaiot. Plaiutiff is williug to ncgotiatc a filiI' and rcasonablc sclllcmcnt of allmallcrs with Dclcndantand is hopcfulthat Dcfcndantmay also bc \\;lling to cntcr into a marital sclllcmcnt agrccmcnt. 24. To thc cxtcnt that a wrillcn sclllcl1lcnt agrccmcnt might bc cntcrcd into bctwccn thc partics. Plaintiffdcsircs that sucb wdttcn agrccmcnt bc approvcd by thc Court and incollJOratcd in any divorcc dccrcc wbich may bc cntcrcd dissolving thc l1larriagc bctwccn thc partics, WHEREFORE. thc Plaiutiffprays that Judgmcnt and Dccrcc bc cntcrcd as follows: (a) As to Count I, that a dccrcc bc cntcrcd divorcing PlaintifTfromthc bonds of matdmony with thc Dcfcndant pursuant to 23 Pa.C.S, Scction 330 I (c) or (d); and (b) As to Count II. that an Ordcr bc cntcrcd cquitably dis!libuting property ofthc marriage; and 4 '~ . . . - ~ ~' -, ,J\c.u ~L STACY LOUISE LOWE, Plaintifl' : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 98-5815 CIVIL PHILlI' ALAN LOWE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PROPOSED ORDER AND NOW, this \'1ih JlnuLl1,1'i79 , day of DeeemlleF, 1998, upon presentation of the following CUSTODY AGREEMENT, it is hereby ordered that the attached Agreement be made an Order of Court in the above captioned matter. ,- .() (': BY THE COURT: (" ,-:" , i ~i;oL / , ; ., - V' 0 . J. C' U' ,J STACY LOUISE LOWE. Plaintill. : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, : NO, 98-5815 CIVIL PHILIP ALAN LOWE, Defendant : CIVIL ACTION - LAW : IN DIVORCE CUSTODY AGREEMENT AND NOW, this day of November, 1998, the parties hereto. intending to agree on a plan of custody for their minor sons, provide as follows: WHEREAS, the parties arc the parents of the minor children PHILIP DAVID LOWE, born June 7, 1995, and MATTHEW JOHN LOWE, born August 20, 1997; and WHEREAS, the minor children were born of the marriage between the parties; and WHEREAS, the marriage between the parties is irretrievably broken and a divorce proceeding is commenced under the above caption; NOW THEREFORE, the parties, STACY LOUISE LOWE(hereinafier referred to as "Mother") and PHILIP ALLEN LOWE(hereinafier referred to as "Father"), agree to the following custody and visitation schedule, I, The parties shall share legal custody of the children, 2, Primary physical custody of the children shall be in Mother, .. ....... 3. Partial physical custody of the children shall be in Father on the filllowing schedule: a, Every Wednesday at 12:00 noon or when FlIther gets oil" work, overnight, until Father must be at work or until 12:00 noon, whichcver lirst occurs, b, Every other weekend from Friday lit S:OO p,m. until SundllY lit 7:00 p,m.. c, Holidays - 1I0lidays shllll include ElIster, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, The parties shall alternate custody on holidays so that in 1999, Mother has custody of the cbildren on Easter, Fourth of July and Thanksgiving, and Father has custody on Memorial Day and Labor Day, These periods of custody will be more specifically determined between the parties, d, Christmas - Christmas shall be divided into two segments: (a) Noon, December 23 to noon, December 25; and (b) Noon, December 25 to noon, December 27. Mother shall have custody of the children during segment (a) and Father shall have custody during segment (b) in ]998, Thereafter, the parties shall alternate each year so that Mother has segment (b) in 1999 and so on, e, Vacations - Each party shall be entitled to to four(4) one week periods of custody exercised in one week blocks for purposes of vacationing and visiting with family, The parties agree to provide eaeh other with two(2) weeks advance written notice of their intention to exercise these periods of vacation, Each parent will keep the other advised of the telephone number and address where the children will be during these periods of visitation, Holidays shall take precedence over vacation requests, 2 i (, . . <" 4, The parties agree that neither party will relocate more than 40 milcs Irom Cump Hill, Pcnnsylvania with thc ehildrcn without giving thc other party atlcast 120 days prior writtcn notice of such reloeution, 5, The parties may modify this agrcemcnt at any time in a writing signed by both Mother and Father. 6, The parties further agrce thatlhis Agreement may be entered as an Order ot'Court in the matter captioned above. WHEREFORE, intending to be legally bound, the parties set their hands hereto on the date first recited above, I Mary Kallas Kenn dy Attorney for Plaintiff STACY LOUISE LOWE Plaintiff ~,\{~~ i[?egA~ Attorney for Defendant /4L PHILIP ALLEN LOWE Defendant J .~" ,.~.- ,..,..".,