HomeMy WebLinkAbout98-06757
I(J
I ~
Ii
.
Jl
7
f
d
1
....
<:2:>
(
'-
~
J
SUSAN /), GRAil AM,
Plaintiff
v,
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, I'ENNSYL VANIA
CIVIL ACTION - LAW
NO, ?P, (, ?!:,'? (}, L.i (--x;~)J /
IN CUSTODYIVISITATION
DENNIS L. MYERS,
Defendant
ORDER OF COURT
You, DENNIS L. MYERS. Defendant, have been sued in court to obtain partial custody or
visitation of the children: GREGORY MYERS AND JENNIFER MYERS,
You~eordere<!toappearin~ersonat <"'\ ....:,. \--\:\1,': ~~\, M~\\''il,\(,,-.hr()\lf\
00 rr-~yC' \: '\ '\.'J'\" '\'\'-''-1, /"( , ,-at:., , \11:11'1"1 "~ 1,{j J::.M., for '
~ a conciliation or mediation conference,
_ a pretrial conference,
_ a hearing before the court,
If you fail to appear as provided by this order, an order for custody, partial custody or
visitation may be entered against you or the court may issue a warrant for your arrest.
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,
Cumberland County Bar Association
2 Liberty A venue
Carlisle, Pennsylvania 17013
(717) 249-3166
r'
L
.. : - "
'. ".':
,,", ...
I "
/<9/f17g- dtl (~,i1''''/!/ !} :'-'J ,tJ~?
I;; -N,y'f t.;;J.'tu ~/M.(.~ z /"t? 'r C-r--'-/
/J /119,( (~ 1Mt:i'--O/ ,/-'..;r/t ~",/4,
y ..7
'1
'i
!
; .
;
I
!
I
~
I:'
:~~,
'\
Under the renns ofrhe Marilal Selllelnelll Agreement daled May .1, 1 C)() I. which is allached
hereto as Exhibit A. bOlh primary physical custody and le!lal custody of bolh children were vesled
in the morher. Susan D, Graham. the Plainliffherein
4, During the past five years. Ihe children have resided wirh the following persons and
althe following addresses:
Jennifer Myers:
A. Defendant Dennis L, Myers
194 Birch Lane. Carlisle, P A
November 16, 1998 - Present
B, Plaintiff Susan D, Graham
21 Beech Cliff Drive, Carlisle. P A
March 18, 1990 - November 16. 1998
Gregory Myers:
A, Plaintiff Susan D, Graham
21 Beech Cliff Drive, Carlisle, P A
March 18, 1990 - Present
5, The mother of the child is Susan D, Graham, currently residing at 21 Beech Cliff
Drive, Carlisle, Cumberland Counry, Pennsylvania 17013, She is married,
6, The father of the children is Dennis L, Myers, currently residing at 194 Birch Lane,
Carlisle, Cumberland County, Pennsylvania 17013, He is married,
7 The relarionship of Pl:,intill'w Ihe children is thdlof Mother I he I'h.inrill' currently
resides with rhe following persons
b'wru:
Ilelationship
I fusband
Richard Graham
Gregory Myers Son
Tyler Graham Son
8, The relationship of Defendant 10 rhe children is that of Father, The Defendant
currently resides with Ihe following persons:
tla.ml:
Relationship
Dianne Myers Wife
Jennifer Myers Daughter
9, Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court,
Plaintiff has no information of a custody proceeding concerning the children pending in a
court of this Commonwealth,
Plaintiff does not know of a person not a party to the proceedings who has physical custody
of the children or claims to have custody or visitation rights with respect to the children,
10, The best interest and permanent welfare of the children will be served by granting the
relief requested because:
A, The Plaintiff believes and avers that Jennifer Myers has been instructed
by the Defendant. nortn h"vl' any cnntacl. of any narure. wilh the PllIinlill'
D. The Plaintill. believes and avers thai her thirteen year old daughter,
Jennifer Myers is not capable of delennining the custody arrangements that operate
in her besr interesr.
C. The Plaintifl' believes and avers that rhe action of the Defendant in
retaining the minor child. Jennifer Myers, contrary to the on going custody
arrangemenr is motivated by a desire to reduce his monthly child support obligations
and to undennine the authority of the Plaintiff as a parenr. The Defendant has made
no effort to contact the Plaintiff and discuss any aspect of this mailer.
D, The situation between the parties is such that they are not able to
communicate and develop a plan regarding the child's best interests without the
involvement of the court,
E, The Plaintiff is concerned about the emotional well-being of this child
and the damage that will be occasioned as the result of the current unresolved custody
situation.
J I. Plaintiffrequests that the Court schedule a Custody Conference and enter a custody
Order providing for an agreed upon schedule of custody ofthe minor children and family participation
in counseling,
12. Each parent whose parental rights to the children has not been tenninated and the
person who has physical custody of the children has been named as parties to this action, There are
no other persons who ale klluwn 10 have a claim or righrlu custody or visitation in this maller,
WIIEREFORE. Plaintitl'requests the Coun 10 enrer an order of custody for the minor
children and direct the panicipation of the enrire family in counseling,
Respectfully submilled,
LAW OFFICES
/'
, /
;/( f~ t (. ,-"C tc {/,
Kathleen Carey Daley, Esqui e
Allorney No, 30078
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
/
MAIlIIl AGE SP.1"I'LI~lIm'r AGllJo:W'II-:rl'J'
'rillS ^GRI:;l:HEI~T is madp llJlcl L'nt.C'rcd into IJl't'''f'L'Jl f)t'l1l1i~ 11.
Myers and Susan D. r.ty(!r~, herrdnc1fter rflfprr,...d to (lr; ltUS)hlllC] allc]
~Iife. The parties were m~rried on /,u<Just 2, 190(1, ilnd ther,. ,1r"
two (2) children born or adopted of their lI1il l'ri "'jf', to wi.,t,
Gregory H, flyers, born April 21, 1983, ~nrl ,1<!Jlllifer L. llyers,
born July 19, 1985.
As a consequence of di.sputes and unhilf'PY d.iffprpnceli, the
parties have separated. The parties desire to confirm their
separation and make arrangements in cOllnection thprf'with,
including the settlement of their property rights, custody,
support, and all other rights and ohligatjons ar;sinCl out of the
marriage relationship.
It is therefore agreed:
1. COllSIDERATION
The consideration for this Agreement is the Pltltva1 promises
and agreements herein contained.
2. SEPARATION ArIL1 NONllI'."F:RPT:m,:tJrF:
A. It ~lill be lawful for each party at, all times hereafter
to live separate and apart from thp othpr p"rt.y at such place or
places as he or she may from time to time choose or deem fit,.
D. Ritch party nllaJJ h/a [1'1'" frllfll illt~"fl'H'IlC", alltlH1fit,y
noel control, direct CJ1' indirf>Cf:, 1.)1' tll" nth/r, ,'IH fllll., il!~ if lip
or she wer(' single <1!1l)unnlilrrir>d. /leit'I"'T ,;hil1.1 1'011"'1 fh" ot:lll'r
or cOlllpel or endc,1Vor to ccm,!,,,,] th" uti",!' 1<> (."t'ill>i I or eI,,.,-'J J
with him or her.
3. I-IU'i'lI}\,L Hr:J.l,:t,~I;
Subject to the provision!' of this Aor""'"",nt, r>i1ch I,art;.' hilS
released and discharged, and by thi s A'lrpPIl'C'nt dC'PE f(1" II i 11I"...1 f
or herself, and his or her heirs, leoill reprr>sr>ntativr>s,
executors, administrators, and a!;5igns, r"plf'ilse uncI di ~;c!li1rCJP the
other of and from all causes of action, clilims, rights, or
demands whatsoever, in law or equity, which either of the parties
ever had or now has against the other, ex~prt any or ell Ciluse or
causes of action for divorce.
4. FULL UlSCLOSUFlE
The provisions of this Agr~elllent and their legaJ ~ffect ~re
fully understood by each party to this Agrepment,' and each party
acknowledges that the Agreemellt i!' fai.r and equitahle, that, i.t is
being entered into voluntarily, and t.hat it is not tl>e result of
any duress or undue illfJ uence, lTu"bantl ilnc1 vii ff> each represent
and warrant to the other thut he or she hus maele a fu.1l and
complete disclosure to the other of aJ I assets of any nature
::!
whatsoever in which nueh Pill.f.}' !Iii:; tlll j III "r,.~t, of till' !'iOIlJ'cr-r;
and amount of the incor.1p of f;UClt l'ill"ty of p'. pr\, t....'ll. \Jhat!H.)("v(lr,
and of all other filet.s relatill<j tu thE.' SlIl>j"t't mat't'r of this
Agreement. ~Iif~ reprcscnts thill' she W,1S rCl'resl'nted hI' I:athle"n
Carey Daley, Esquirn, in reilehing this Agr"""'C'nt, illld lIU"billlcl
represents that he W~s represented by l'l'thur I:. Pill', CI'<]lIirp, in
reaching this Agrecrlent, Both pilrti es r"prr-,,,,,nt t.ha t-. the terms
of this Agreement have been fu 111' cxpl iI i ned to t hent by thei r
respective counsel.
5. EQUl1'M1J,C D]VJSION
By this Agreement the parties have intended to effect an
equitable division of their marital pro!">rty. This division is
not intended by the parties to constitute in ~ny way a sale or
exchange of assets.
6. SlJBSF.QUEIJ'1' DJ VClRCE
A. AGREENEN1' N01' A BAR ;ru 01 VOkCE PROCEEDINGS _ Th i s
Agreement shall not. be considered to affpct or bar the right of
Wife or Husband to a limited or absolute divorce on lawful
grounds if such grounds now exist or shall her~after exist., or to
such defense as may be avai lable to either party. This [\yreement
is not intended to cOfldone and sh~ll not be decmerl to be a
condonation of the part of either party herpto of allY act or acts
3
011 the pclrt of the other pllrtv which It(lVP (~t'c.""l~;i'()JH.d +-11(' di~~pllt.('r;
or unhappy d1 fferences which ha"" OCr'urrr>d J'I'icJ!' ~(' IIr ,.,hi ('h 1/I,lY
occur subsequent to the d~t~ her00f.
'fh,.. p,'rt': l~:, inf-.PlleI tu
secure a mutual consent, no-fault div<.>rcl' purr.uilnt to thp tpn's
of Section 201 (c) of the Oi vorc" Code' of 19HII.
B. EFFEC~' 01' OIVOncr. DECneE - ';'he part.i "8 aqrl'l' UIi,t lIJ1l"ss
otherwise specifically provi.ded herein, this Agrp'-'e'cnt shall
continue in full force and effect after such time,as a final
decree in divorce m~y he entered with If'Spel't to the pal'ti es.
C. AGREENEN'l' TO BF. INCORPOHA'l'Ef1 I II PI VORCE f1ECHEE _ The
parties agree that the terms of this Aqrel'ment shall be
incorpor~ted iflto any divorce decree which may he entered with
respect to them.
1. The parti es do hereby W~rr<ln t and repr"sent to
the other that should either of then, outain a decree,
judgment or order of separ<ltion of divorce in any
state, county, or jurisdic~ion, each of them will take
all reasonable steps to incorporate for the purpose of
enforcement only, but not merge, this Agreement as part
of any such decree, judgment, or order,
2. Nevertheless, it is specifically understood
and agreed by and between the parties herC'to, and each
of said parties does hereby warrant alld represent to
4
the other thilt nhould flilhpr of t )". l'dJ t j('H nhl'.dll .1
decree, juc]qnlf}nt, or order of n"I'dr"l1t ion eJr di....'orefl ill
any state, county, or juri~~dict:joll, pitch uf the partjpn
lIgree that all of the provisions of thi!, l."re"l""nt
~hall not be affectpd in any Wt'Y by ~11Jt'h S"Pdl"f,tjon or
divorce, it being agreed by thl' l'arti.u; tlwt thi.:,;
Agreement shall continue ifl full force ~nd effect ~fter
such time as a final decree in divorce may h(. r:/Itr'['(,,)
lI11d shall survive for enforcement puq'OS,.s, anrl shall
not be merged into any such decree, jurlgole/lt" or order.
Thus, this Agreeme/lt sh~ll continue tu retain its
independent character as a contract regardless of its
incorporation as 11 part of any such decree, jUdgment,
or order as noted above.
7. DIVISION (IF PERSOIJAL PHOPEH'l'Y
Husband and Hife agree tha t the foll oHine) per!'<ona] property
shall be the sole and separate property of Hife:
A. dining room suite
B. clothes washer and dryer
C. rototiller
D. all gardening tools
E. all items of personal property that ueloll<Jecl to IHfe
prior to the marriage inClUding, but not limited to the
following:
(i) dry sink
(2) dishes
(3) pots and paflS
(4) crock pot
(5) tupperware
(6) silverware
5
.'
I;>. ell i ldrPII t fl IH~dl.O(Hl1 furn j f.Ul'I'
G. foyer CurniLure
H. master bedroom suite
I, livi n9 room furni turf!:
( 1 ) couc h
(2) rocking chair
(3) recliner
(4) 26" color television
J. all kitchen items including thu!;,.. pur('h;";f'd du/';/,q th..
marri~ge.
K. all Wife's personal items such as clotlrill'J Cllld je\;r~lry
I,. VCR
M. VCR movie tapes
N. 19" color television
O. 12" black/white television
P. coffee table
Q. china
R, all personal items of the children slIch a!< clothing,
toys and VCR tapes
IHfe agrees that the following per!<cnal property shall be
the sole and separate property of Husband:
A. four-wheeler, all-terrain vehicle
B. stereo equipment
C. VCR movie tapes which are curn'!ntly in his possession
D. ten-cup coffee maker
E. all liquor that was in the house
F. all of his guns
G, gun cabiflet
H. fireworks
I. lawn mower
J. tools other than gard~ning tools
K. all of Husband's camping items
L. wheel horse ri.di nq mOl'er anel tractor incJ uding the
wagon, plow and mower deck
~1. weedwacker
N. all of Husband's person~l items such as clothi,!!g
O. coal stove
P. used refrigerator
Q, chest freezer
R. one queen size bed
S. one dresser
T. one microvave
6
'l'he pnrtjp}j do herpul' fiJH.'ci fic(lJ]y ""'di\'l', TPlf',1~~r', '.,....ruJlJl1cf.,
and ror(~ver tlhilnc10n whiltpver cln iJilH, if (lilY, hfl or ntH! II"')' 1I(1\'0
with rnHpect to tile ~bov(! itt'lll" which !lh,11 1 lIf'c'''r'''' till' !lolf' iwrl
8opar~te property of tho other.
8. DIV 181 ON OF /,IO'1'OR VEl11 CI.!:B
~lith respect to the motor vehicles owned by one or voth of
the parties, they ~gree ~s follows:
The 1986 Chevrolet Celevrity st~tion wagon
currently titled in the name of Husbaflcl ~nd Wife shall
become the sole and separate property of Wife.
The 1986 Ford Ranger pick-up truck currelltly
titled in the names of Husband and ~l.i.ffJ shall bf.conre
the sole and separate property of Husband.
The titles to the said motor vehicles shall be executed by
the parties, if appropd,ate, for effectuating transfer a!l herein
provided, on the date of execut~on of this Agn~ement or at any
time thereafter at the request of either party.
9. AF~'ER-AC<l[TIRED Pf:RSONAL PROPEH'I'Y
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, a 11 i. telns of
personal property, tangible or intangible, hereRfter acquired by
7
him or her, with Cull powpr in hil'l or" h"I' 1(1 di~'J'C'~;" {If tJ.(. :.i1PP
as full}' and (>[f(~ctiv(tjy, ilt ill] rf"!"JJ,.(.t~ ,11111 for ,'1] I'llqlfl!1Pr:,
as though he or uhe wert' unO',1)'l i..<1.
lU. DIVISION 01' HEAL PHOrI:HTY
lIusb~nd ~nd Wife hereby ~gree and acknowledge t.hat they OI.n
certain real property located ~t 21 Bpcch Cliff Drive, Carlisle,
Cumberland Coullty, Pnnnsylvani., 17013, ,18 t.ellants by the
entireties.
~life agrees to pay Husband fi[b'('1l t.housand dollars
($15,UOO.OU) for Husband's interest in saie1 real property. These
funds shall be paid within twenty (2U) days of execution of tllis
agreement.
Husband hereby agrees to convey all his right, ti tle ~nd
interest in said property to Wife. He agrees to execute a deed
or other instrument of conveyanci.ng necessary to e[[('ctuate this
transfer at the time of the exe~ution ,of this document.
The parties acknowledge that there is afl existing mortgage
against this property held by Harri.s Savin'lS and Loan. \life
shall hold Husband harmless and indemni fy hi m from liabi 1 j ty for
this obligation and other obligations ar,i sing from this property.
8
J J. ilL IWlfl,(
Duth {JartiL'H ~lekno\...lcdg(l (1nd aqrc(' t.hilt till' I'rr'V;!.;1ulI!; of
this Jlgre('ment providing [or "'luit"l:le dist'rihllti"n o[ 1J"'1';t~l
property il':(I fair, adequc1tp and 5i1tir.L1cttlry to thl'JlI <lIH~ ilrfl
accepted by them i.n lieu o[ and in full and [illal ~(>ttlf>m0nt and
satisf~ction of any claims or <!"nlands that eitl)(,r lJ'i'Y n01'1 or
here~fter have ~gainst the othpr fur support, mail1t(>n~nce or
alimony, Husb~ncl and Hi fc further, voluntari I}' <:Int! il1tPlligently
waive and relinquish any right to s(!ck fronl the otllf,r ~lJY p~yrnent
for support or alimony.
14. PEflSION Pf:CGHNl
Each party hereto shall maintain sole OImership over their
individual pension plans and that aflY other pension or profit
sharing plans or other employment-related benefit plans which
they presently have. The Husbancl, hereby I',ai ves ~lId relCilses his
interest in the Wife's employmept plans, including pellsiun plans,
employee stock ownership plans, prof it sl'<:Ir5l1g or uther plans.
Wife hereby waives and releases her interest in thE' lllJsb~nd' s
employment plans including pension plans, employee stuck
ownership plans, profit sharing or other plans,
IlJ
1'>. CIII LIJ!'I':J
A.
CUS'l'tlDY Mil> VIS1'l't\'1'1011 -
\:i fp !d1aJ 1 bnv" [Il-irlli,ry
physic~l ~nd legill ClIGtotly of th,' chi l<1r"".
reside with their mother.
H u s ban d s llil 11 b.., il f f (> r d f' d p.:l r t' Ll 1 C \ I ,,\' 0 d Y u 1I d .. r t h ..
'J'11I' ('hi Idt-pfl shilJ J
following schedule:
1. Every other weekend the children shilll be
with their filther from SaturdilY iI t 10,00 A .1,1.. unt i 1
Sunday ~t 6:00 P,M.
2. The following holidays shill] be ro\'<.tpd
between ~life and Husband: E~ster, 1,Iemorial [)~y, Fourth
of July, Labor Day, Thanksgiving, Christmas Eve and
Christmas Day.
3. The children's hi.rthdays shall be rotilted
between Wife and Husband.
4. \'/ife shall have the ch51drcn on \'lif",' s birthd~y
~nd on Mothers' Day and Husband shall have thR children
on Husband's birthday and on Fathers' DnY.
S. Husband shall have the ch!J dren for 2 \'JE'eks
vacation each summer. Husband agrl'f.'s to provitle NifE'
with thirty (30) days noticE' of his intention to
exercise this provision and to not; fy IVifE' of the
children's whereabouts if he t~kes the childrefl aw~y
from his residence for a vaciltion.
11
13. VISl'l'NI'JON 1,'^I\I;-I!1' Tll,m - 1'1", 1',1[1 iI"; r"('l,qllizl' that
there may be circu",lJti1ll<:t~H frc)nl tir:lfl ttl t.ir.le \.;bieh lillii' pr('VI~I1t.
the exercise of visitation ~t th... <I<Jrcpd d~tl>!> illld ti~le';. To
that end, the parties i1yrf'e th~t ,.."eh ,,'i11 ClivI' tiluf'ly ;]lId
reasonable noti ee to tile other of thl' c:-:i,;tl'ncp of "uch
circumstances.
C. ILLNESS OF CHILD - In the event of <lny sl,riou,; illness
of the child at any time, ~ny party then having cuz!:ody of the
said child shall inunedi.ately conuTlunicate ,dth the oth"r party by
telephone or any other means, informing the other party of the
nature of the illness. During such illne,;s, each party sllall
ha~e the right to visit the child a,; often as hp or she desires,
consistent with the proper medical care of the silid child. The
word "illness" as used herein shall mean any disability which
confines the child to bed under the direction of a licpnsed
physi.cian for a period in excess of forty-pi.ght (48) hours.
D, BEST INTEREST OF CHILD, - 'rhe parties shull exert every
reasonable effort to maintain free acces,; ~ndunh~J1'['ercd contact
between the child and each of the parti es, and to foster a
feeling of affection Letween the child and the other party.
Neither party shall do anything which Hlay estrange the child from
the other party, or injure the child's ol'ini on af. to hi smother
or father, or which may hamper the frep and natural development
of the child's love and respect for the other ['arty.
12
.'
1 h. CII' "I> :;t1I'1'(IH'I'
Child support shall be paid by 1I11,d,and to IIi fc' ,>I tile rilte
of $116.5U per week plus ilrn,~raqe!' or "t <IllY uther rill~' sde by
the Domestic Rel~tions Office ,'<:<:or<1inq to tht- i1Pl'licable
guiuelines.
17. HEALTH I fJSUIIM1CE - ell IJ.I>IIEN
wife ~grees to provide health inSUri1l1CP for the childrl'n for
so long as it is available to her at no or rninilllal COBt by her
employer.
If said insurance becomes unavai lable to l1i [" ~ntl
Husband has entitlement to insur~f1ce which can he provided to him
at no or minimal cost, said insur~nce will bl' furnished by
Husband,
In the event that neither Husband nor ~;j,fe have
insurance furnished to them by their employpr, at no or minimal
cost, then the cost of insurance shall be bornp such that fifty
percent (50%) shall be alloc~t~d to Husband and fjfty percent
(50%) shall be allocated to Wife.
18. MISCELLANEOUS PRUV J blOlJS - CJi ILIlIIEIJ
A. College - Husband and tHfe agrep to parti cipate in the
payment of undergraduate or eq\l.ivi'llpnt- hi.gl'er educi'ltional
expenses for the children.
pro fo..-/i.n.1',I.,
be divided c.~~lly between
rrhe cillculfltjlln
uf ollJ:iq.:ltiuIIE'. slla1]
I "
Husband rand \-1.1. f'2 F
{XL.." "" (.... .
';- j J) I
--'-
13
a. Bxtrill>rdin~ry Hedic.l] l-:"I"'1I1:r',; - f.11 f':<t,-,q,rdi nilry
medical expenses (those not c<.'\'pred by j nf:\lrf'n("~') nll11] 1 bt>>
equally divided by lIuslJillld "nd Wi fl'. /funh...,,,t ,1<111'''': to rf'imhurne
these expenses to Wife on iI qUilrterly bMdn upon IIi f(, ,'"pplying
to Husband proof of s~id expensps.
C. Estates - Husband ~nd Nife both il<Jrpe <111(1 i1d;I1O\dedge
that they h~ve financial responsibility towards tlH' support of
their minor chi ldren. Tn con"idering that obli gi'ti(;m, /lushi'ncl
and Wife agree ~s follows:
1. Husband agrees to provi.de $50,000.00 worth of
life insurance made p~y~ble at his death for the
benefit. of hi.s minor chi ldren. Thi s benefi t shall bf!
made payable in such a w~y th~t income and l'rinc.iplc
can be used for the support of the children through
their minority and shall be dist.ributed t.o them ~t
their majority or at a later date, <IS cletermined .in the
sole discretion of lIusband.
2. Wife agrees to provit1e in her p:;tate f('r till'
children so that a benefit of at Ipast $50,000.00 will
be payable for the benefit of the minor children, This
benefit may be comprised of life insurilnce. pension
benefits or other as:;els \Jhl.ch could be solei and "hich
proceeds \40uld be used for the c"re of the m; nor
ld
childrf!n.
Wif(l iHjrp('5 to l"%"f','t f' !J(.!, f'!,t,it,-, ill l;w'll a
way that the incof1l{-~ alld {1l'jJt('j 1'].. f t I'P' 11(:'1 l.~;t;+tl' f,ld'"
be used durillg the chi Idren' s minori ty wit!, .1 IlIlnl' 'WI"
payments to be made at m~jurity ur ilt. ilny lal:,,1' t.in'!.'
~lhich l;ife, in her sole discrptiun, (]0(>r.,S ,1I,prul,r;a!:".
19. GENERAL PROVISIONS
A. IiARHANTY AS ~'O EXIS'I'II1G UBI.lGAT]ONS - E~ch party
represents that they have not her!'tofore illcurred or coutr;ll.:ted
for any debt or liability or obligation for I'hich the !'stat!' of
the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify
or hold the other party h~rmlpss fro", and a<Jil j nst allY ane1 all
such debts, liabilities, ur obligations of every kind I'hich may
have heretofore been incurred by thl'"" il1cludl ng those for
necessities, except for the obligations arising out of this
Agreement.
a. WARRAN~'Y I\S TO FUTUr.E oar.: (;I\1'IOIW - !-life ~1I,1 Husband
each covenant, warrant, represent, and bgree tbat each will now
and at all times hereafter Silve harmless and kenp the other
indemnified from all debts, charges, and liabilities incurred by
the other after the execution d~te of this ^gre",,,ellt, E"xcP.l't as
may be otherwise specifically pro\'ided for by the tern,s of this
15
Agrcwment and that n<';Lhcr of 1.1"'0' RI,,,ll ',,'r"i'flt'r inl'\I/' illl;-
li.:lbility whatsoever for which th" "st,lt'. uf th., nth.., n'i1j' be:'
liable.
c. IUDE~lNIFlt:A'rlON - I-:~ch party r"prr'Rent5 illlt) \.',lITants to
the other that he or she hus not il1currpc] iillY debt', C'hl;<Ji,t.ion,
or other liabiLity, oth"r than thos!.! dcscriberl in thiR ^gr""mcnt,
on which the other party is or m~y be liabl". Each party
covenants and agrees that if any cIa i 01, acti on, or pJ;oeeC'<1ing is
hereafter initiated seeking to hold the other ~arty li~ble for
any other debt, obligation, liability, act, or omi05ion of such
party, such party will, ~t his or her sole expense, defend the
other against any such claim or den,and, whether or not well-
founded, and that he or she will indemnify and hold harmless the
other party ill respect to all d~mages resulting therefrom.
Damages, as used herein, shall include any claim, acti on,
demand, loss, cost, expense, liability (joint or severable),
penalty, and other damage, incll!ding without limitatioll, counsel
fees and other costs and expenses reasonably incurred ill
investigating or in attempting to avoid same or oppose the
imposi.tion thereof or in enforcing this indeoll1;,ty, re~'ul ti.ng to
Husband or Wife from (al any inaccurate representation made hy or
on behalf of either Husband or \life to the othc'r in or pur!'uant
to this Agreement; (b) breach of any of the "arranti f!S ol<,,;e by or
16
on bphalf of tlle Husbc1Jld or \;ifp ill or I'tJI::lli1J1t t(l tllin
^qreement; or (c) hr(>i1ch or de[illllt in til" ""1'[""''',111<''' hI' lIusl,itnd
or ~Iife of ~ny of tJIl: obl;gations to b,' I'('r[orn",cl by sllt'h pilrty
hereunder. 1'he Husband or Hi[p shall r..iOlhurst' tll<' nthC')' on
dem~nd for any payment made bl' such party at allY tin,,? aftt'r the
elltry of the divorce decree, based upun the jtldgment elf <lny court
of competent jurisdiction or pursuallt to ~ bonil fi.de corlprur.1iSE'
or settlement of claims, demands, or act.ions, in rp!>pect of any
damages to which the forcgoiflg indemnity reliltes.
The Husband or Hife agrees to give the other prompt ~Iritten
notice of any Ii tiga tion threa tened or i IIsti tuted against. either
party which might constitute the basis of ~ cIa';", for indemnity
by either the Husband or Hife against the other purst'allt to the
terms of this Agreement..
D. SEVERABILI~'Y - If any term, cOllrlitioll, cl~use, or
provision of this Agreement shall be dE'term.inecl or declared to be
void or invalid in law or other,wise, then only that term,
condition, clause, or provisi.on shall be str.ickefl from this
Agreement alld in all other respects this Agreement shall he valid
and continue in full force, effect, and operation. Likewise, the
failure of any party to meE't his or her u~liqa~.iDns under any olle
or more of the paragraphs herein, wi tll the e:<cepti on of the
satisfaction of the conditions precedent, shall .in f10 way void or
alter the remaining obligatiorls of the ('<lrURs.
17
E. (l')'III.;1l f)UCU~1EW('I.'I'l<>lJ - \:11:" illlll 111l!,(,,),,,1 (.,......",1111 illld
agree that they will fUl'tllHith ";<<'<:::\1\'," ,11'\ ;",,1 "J 1 \d; \ ('I'n
instruments, assignnu~nt5, rp.lci1n(.'~;, silt..;t;f"cti(lUB, dp(.(h;, nolp:;
or such other writings ~s m~y be nC'cessiHY or dC's; rabl.. fOl' the
proper effectuation of this IIgH,,'n:cnt, ~nd as thl'ir p':q'f'c\,ive
counsel shall mutu~lly agree should be so executC'd in urder to
carry out fully and effectively the terms of this IIgrf'l'ment.
F. ENTIRE IIGREF.I,IENT - This IIgrcem,nt. contains the entire>
understanding of the parti es, and tl'ere a re no rpl'n'sentClti uns,
warranties, covenants, or undertakings other thnn those e~;[>ressly
set forth herein.
G.
WAIVER OR MODIFICATION TO BE IN WRl~JNG
110
modification or waiver of any of the terms hereof shall be valid
unless in writing and signed by both part;es nnd no waiver uf nny
breach hereof or default hereunder shall be dccmpd a ~'aiver uf
any subsequent default of the same or similar naturn.
II. MUTUAL COOPERATION - E~ch party shall, at any time and
from time to time hereafter, take ~ny and all stl'pS and execute,
acknowledge, and deliver to the other party any and all further
instruments Clnd/or documents that the othpr pilrty 'MY reasonably
require for the purpose of giving full forcp and effect to the
provisions of this Agreement:.
18
I. Lilli GOVI':HNlIIG - This II'JrI'f'Jl1C'nt: sh,,1 J ,,,' C{'":;' rUl'd "l1d
governed in accordance with thE' laws of thl> l'umnloIl\H>(,lth of
pennsylvania.
J. BINDING EPPECT - Except as otherwisf' stated herein, this
Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
K. NO WAIVER OP DEPAUL'!' - This Agreement shall remain in
full force and effect unless and until terminated under and
pursuant to the terms of this IIgn>ement. 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
of 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 strict performance of any other
obligations herein.
L. HEAlJINGS NOT PAR'!' OP IIGREJ::~IENT - Any heil di n9 prBcE'd ing
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience or r(>ference anel ShDll not
constitute a part of this Agreement nor shall they affect its
meaning, construction, or effect.
19
I-t, AUDilE:;:; OF PAH'I'II::; - I:,,..h 1',11 t Y ::h,II I ,tt ,Ii I t i,"":; h'r-J'
the other informed of hi,; or h..r pIill'" <'f 'f';ddencr, illId ;;hall
promptly notify the other of lIny chait'll', g i v; IHJ till! aeldr(>::s of
the new place of residence,
N. I111IVEH OF CLlIIHS iIG,\111S'l' r.s','lI'n:s - Exc"l't as her"in
otherwise provided, each party may dispuse> of his or her property
in any way, al1d each party hereby I/1Ii vas 1I1lc1 rel i nquin"e!' any and
all rights he or she may have or hereafter acqu[r~, under the
present or future 11lwS of pennsy I van ia or another juri gdi.ction,
to share in the property or the esta te of the other as a re!'ul t
of the marital relationship, including, without limitation,
dower, curtesy, their statutory equivalents, l'Iidow',; allowance,
homestead rights, right to taY.e in intestacy, riyht to take
against the will of other, and right to act as administrator or
executor of the other's estllte, and eDch party will, at the
request of the other, execute, acknowlec1ge, and deliver any and
all instruments which may be ne.cessary or advisllble to carry into
effect this mutual waiver and relinquishment of all such
interests, rights and claims,
O. AT'rOHNEY' 5 FEES FOH EllFORCmlEH'l' - In the event that
either party breaches any provision of this l,grpr~ment., and the
other party retains counsel to assist in nnfurciny the terms
20
thereof, the parties hert'by .1<Jrl'p. thllt the brr>ilchillg I',ll'ty will
pay all rCilHonaule nltorneyn' f{,f~~, COUl-t eOHt:s, and l.lXllPuncn
incurred by the other party ill ,'nf<>!Tin'J tho ^CJrr>"mcllt.
IN WI'!'UBSS WIIEREOF, and intending to be bonnd hereby, thE'
. t/{"
parties have signed and sealecl tIllS Agre...ment un the _
day
of
1)'\(": \/
I.
, 1991, at 1I11rrisburg, PennsylvlInia.
In the presence of:
/:'Ji(:", Cu{J L1cR7f-
C~/4~~
I
\. .\ ~'" '/
StlSAN D. ~IYERS
I
(SE^L)
,." ,
. I . .,.1 (
f u ...t: ~ ...~" t.. i.... J/ I;" .;.; J..
".... - - .-/
( SEAl, )
UENNJS L. ~lYEHS
21
Sl1S,\N 1>. (iRt\lIAM.
Plaintiff
IN 1111, ('Ollln OF (,O~I~I()N Pl.h\S
(1I- ('II~lIl1,RI.AN/l ('01 INTY.
PH\NSYI.VANIA
vs.
/lENNIS L. MYERS.
/lclendanl
('IVII. ACTION. I.A \\'
j\;O. ')X.6757 CIVII.IERM
('( ISTO/lYIVISITAI'ION
OIWEI{
AND NOW. this
(S'. dayof___,/s-~~'i!."7
_' !,)'1'). upon recdpl oflhe
Concilialor's Rcport. it appcaring thai the parlies have agreed 10 the lerms and provisions of this
inlcrim Order which was diclaled in their presence and approved hy them and Ihdr counsel. il is
herehy ordcred and directed as lilllows:
I. The parties shall share legal custody or their minor children. Grcgory.
d.o.h. April 21. 19S3. :lI1d Jenniler. d.o,h. Julv 19. I <)X5.
2. Mothcr shall have primary physical cUSlody or Gregory and Father
shall have primary physical cuslody oUcnniler. suhjeclto the ",Ilowing schedule
of partial cuslody and visitation:
A. Each party shall havc holh children on an altcrnating weekcnd
hasis beginning on Friday at which time the children shall get off OIl the
bus SlOp closest to their rcsidcncc and shall cnd on Monday morning at
which timc the childrcn shall gcl on Ihc bus at thcir rcsidcnccs. This
altcrnating wcckcnd schcdulc shall commencc on January I, 1999. wilh
Mothcr. This schcdulc will he modilieel somewhat Ii,,' January I. 1999.
ill Ihat Ih~ ,'hildr~1I shall h,' 1\ IIh \loth,'1' h,'~illltill~ al I ~:OO 11111111 alld
Ih~1I shall ~~I (\lIlh~ hu\ IIII' ,,'hlllllllll .Iallll;iry 4, 11)1)l), illlh~ 1I111lllillg_
Th~ r~~ular lilll~ li';ulI~ litr th~,,' alt~rnatill~ 1\~d;~lId ~uslod)' s~h~dul~s
shall ~1l1ll1ll~1I~~ Illl.lalluary ll, 11)1)1). I\hi~h shall h~ Falh~r's lirst
\\'~~k~lId. alld th~ sch~dul~ shall alt~rnat~ th~r~an~r.
J. Th~ parli~s ar~ dir~~I~d III ~lIgage th~lIIsel\'Cs alld their lIIinllr ~hildren
in cllullseling. The purplls~ Ill'lh~ clluns~ling sessilllls is III spccilicall)' address
any ~slr;lngclllcl1l issu~s Ihat arc Ilccurring hcl\\'e~n th~ childr~n and eith~r par~nl.
The parties shall suhl1lilth~ CIlSts Ill' thes~ counseling s~ssions 10 Iheir r~specti\'C
insurance carricrs. Th~ partics shall he respllnsibl~ to shar~ in the costs Ill' an)'
unrcimburscd porlion ol'thcsc counseling sessions on a 50/50 hasis.
4. Thc partics shall rccon\'Cnc for llllothcr custody conciliation
confcrcncc hcforc Michacl L. Ban!:s, Esquirc, on Thursday, Murch 4,1999,
ut4:00p.m.
I3Y THE COURT,
~. Ad-
/ .I.
/
Kathleen Carey Daley, Esquire
Philip H. Spare, Esquire
Cc-f~ou J~'-CU~({..:L
1/19/'i9 .
A.-I"'.
m1b
Sl !S,\N D. (iRAIIA~1.
Plaintiff
1:'-1 Till': ('()( IIn (lj' ('( )~I~I< IN PI,b\S
(u: ('( :~IIlI:RI.,\ND ('01 iN IY.
PEN:'-ISYI.V ANI/\
,'s.
CIVIL A('IION . LA \\'
DENNIS 1.. MYERS.
Dcli:ndant
NO. 'lX.('757 ('IVII. TER~I
ClISTODYIVISITATI< IN
JUDGE PREVIOUSLY ASSIGNED: Nonc
ClISTOJ)Y CONCILIATION CONFERENCE SIII\1i\1AIH' Iml'OIU
IN ACCORDANCE WITII CUMBERLAND COUNTY Rt ILl' OF CIVil.
PROCEDURE 1915.3-X(b). thc undcrsigncd Custody Conciliator submits thc li'lIowing rcport:
I. Thc pcrtincnt information conccrning thc child(rcn) who is(arc) thc subjcct of this
litigation is as follows:
NAME
BIRTIIDATE
CURRENTLY IN
Cl !STODY 01'
Gregory Myers
.lenniler Myers
April 21. 19X3
.luly 19. 1985
2. A Conciliation Conference was hcld on Dcccmbcr 23. 1998. and thc following
individuals were present: the PlaintilTand hcr attorncy. Katbleen Carcy Daley. Esquire; thc
Defcndanl appcared with his attorney. Philip H. Spare. Esquire.
3. Items resolved by agreement: See attached Oreler.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. NI"od li.r ',,!'arall" ~"III1,d 10 rl'llfo'OIlI ohildlll"lIl: Nl'ilhl"l 1';'l'Iy IO""0'lod.
X. Nood li'l illdopolldolll "sydllll11gi~al Ol'alllalioll or ClIl1l1sdillg: NOllo rO'llIo"od alllllho
Conciliator do~s nol helieve illIY is IH:ccssary.
<). Othor l11allo" or commollls: Tho partics shall rOCOIlWIW Ii'r allolhor cllslody
concilialion conli:rollco hdi"o Michael I.. Ballgs. Es"uiro, on J\larch 4. 1')<)<). at 4:00 ".111.
Dale: Jalluary II. 1<)<)<)
I'
,fi/I' (/
!~ll({" ...1 I -.J~ {7-~. j
Michael L. Ballgs 7
Cllslody Conciliator
JAN 1 2 20~Oi \
Sl 'SAN D. (il(,\IIA:\1.
PlainliJ'J'
\'S.
I~ I III-< 'Ollln (l/. ('( 1:\1:\ION PLEAS
01 (.t !:\IIlI'I(L/\ND ('( l/ INT\'.
I'I:~NSYI. VANI,\
DENNIS L. MYERS.
Dc Icndalll
NO. 'IN.1I7S7 ('/VII. TERM
('l/STODY IVISITATI( IN
olwlm OF COllin"
AND NOW this
/I'-
. ~()()(). having not heard from
I
day of ,lv, .... .
U
the parties Il)r some time. the undersigned Conciliator assumes the mailer has "een resolved and
hereby relinquishes jurisdiclion of the case. I I' eilher of the partics wishcs lilrlhcr procecdings in
this action. Ihcy should petilion thc Court ancw.
FOR TJ IE COURT.
01 .. t)//~
/I / A-1):J K) ,
MICHAEL L. BANGS
Custody Concilialor
Kathleen Carey Dalc)'. Esquirc
Philip H. Spare, Esquire