HomeMy WebLinkAbout00-06702
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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JUDY A. THOMAS,
Plaintiff
No. 00-6702 CIVIL TERM
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VERSUS
DAVID A. THOMAS,
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Defendant
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DECREE IN
DIVORCE
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AND NOW,
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DECREED THAT JUDY A. THOMAS
, PLAINTIFF,
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AND
DAVID A. THOMAS
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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No issues are outstanding. All issues have been resolved and settled by
the Parties' Marital Agreement dated November 21, 2002, filed of record
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Decree.
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ATTEST:
J.
PROTHONOTARY
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
DAVID A. THOMAS, CIVIL ACTION - LAW
Defendant IN DIVORCE
MARITAL AGREEMENT
BETWEEN
DAVID A.
THOMAS
AND
JUDY A.
THOMAS
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TABLE OF CONTENTS
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
SECTION I
General Provisions....................................... 3
SECTION II
Property Distribution Provisions.............. ........ ... 12
SECTION III
Counsel Fees, Alimony, Spousal Support, Health Insurance,
Child Support And Expenses, And Dependency Exemptions. . .. 23
SECTION IV
Closing Provisions and Execution............. ............ 28
Notary Page.............................................. 29
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INTRODUCTION
THIS AGREEMENT made this 21st day of November, 2002, by and
between JUDY A. THOMAS ("Wife") of 102 Hampden Avenue, Camp Hill, PA
17011 and DAVID A. THOMAS ("Husband") of 4632 S. Clearview Drive, Camp
Hill, PA 17011.
WIT N ESE T H
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WHEREAS, the parties hereto are husband and wife.
They were
married on May 20, 1991 in Camp Hill, Cumberland County, Pennsylvania.
They have lived separate and apart in the same household from October 2,
2000 through February 14, 2001, and they have been physically separated
on February 15, 2001.
WHEREAS, There were three (3) children born of this marriage:
Jacob C. Thomas, born January 26, 1993; Adam J. Thomas, born January 26,
1993; and Rebecca E. Thomas born March 26, 1996 (the ~Children").
WHEREAS,
diverse and unhappy differences,
disputes and
difficulties have arisen between the parties and it is the intention of
Husband and Wife to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling fully and
finally their respective financial and property rights and obligations
as between each other including, without limitation by specification:
the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of
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all matters between them relating to the past, present and future
support, alimony and/or maintenance of Wife by Husband or of Husband b'{
Wife; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual
promises, covenants and undertakings hereinafter set forth and for other
good and valuable consideration, receipt of which is hereby acknowledged
by each of the parties hereto, Wife and Husband, each intending to be
legally bound hereby, covenant and agree as follows:
THIS SPACE INTENTIONALLY LEFT BLANK
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SECTION I
GENERAL PROVISIONS
SECTION 1.01. INCORPORATION OF PREAMBLE: The recitals set forth
in the Preamble of this Agreement are incorporated herein and made a
part hereof as if fully set forth in the body of the Agreement.
SECTION 1.02.
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the right of
Husband and Wife to an absolute divorce on lawful grounds if such
grounds now exist or shall hereafter exist or to such defense as may be
available to either party. This Agreement is not intended to condone
and shall not be deemed to be condonation on the part of either party
hereto of any act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have occurred or
may occur subsequent to the date hereof.
SECTION 1.03. DIVORCE DECREE: The parties acknowledge that their
marriage is irretrievably broken and that they will secure a mutual
consent no-fault divorce decree in the above captioned divorce action.
Upon the execution of this Agreement, or as soon as possible under the
terms of said Divorce Code if said documents can not be signed upon the
execution of this Agreement, the parties shall execute and file all
documents and papers, including affidavits of consent, necessary to
finalize said divorce. If either party fails or refuses to finalize
said divorce or execute and file the documents necessary to finalize the
divorce, said failure or refusal shall be considered a material breach
of this Agreement and shall entitle the other party at his or her option
to terminate this Agreement.
SECTION 1.04.
EFFECT OF DIVORCE DECREE:
Unless otherwise
continue in full
in Divorce may be
specifically provided herein, this Agreement shall
force and effect after such time as a final Decree
entered with respect to the parties.
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SECTION 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE:
The terms of this Agreement shall be incorporated into any Divorce
Decree which may be entered with respect to them.
SECTION 1.06. NON-MERGER: This Agreement shall not merge with the
Di vorce Decree, but rather, it shall continue to have independent
contractual significance and each party shall maintain their contractual
remedies as well as court remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute.
SECTION 1. 07. DATE OF EXECUTION: The "date of execution",
"execution date" or "date of this Agreement" shall be defined as the
date of execution by the party last executing this Agreement.
SECTION 1.08. DISTRIBUTION DATE: The transfer of property, funds
and/or documents provided for herein shall only take place on the
"distribution date" which shall be defined as the date of execution of
this Agreement unless otherwise specified herein.
SECTION 1. 09. ADVICE OF COUNSEL: The provisions of this Agreement
and their legal effect have been fully explained to the parties by their
respective counsel, Samuel L. Andes, Esquire for Husband, and Diane G.
Radcliff, Esquire, for Wife. The parties acknowledge that they have
received independent legal advice from counsel of their selection and
that they fully understand the facts and have been fully informed as to
their legal rights and obligations. They acknowledge and accept that
this Agreement is, under the circumstances, fair and equitable and that
it is being entered into freely and voluntarily after having received
such advice and with such knowledge, 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 collusion or improper or illegal agreement or
agreements.
SECTION 1.10. FINANCIAL DISCLOSURE: The parties confirm that
each has relied on the substantial accuracy of the financial disclosure
of the other, as an inducement to the execution of this Agreement and
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each party acknowledges that there has been a full and fair disclosure
of the parties' marital assets and debts and the parties' respective
incomes, which has been provided to each party.
SECTION 1.11.
DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS:
Each party understands that he or she has the right to obtain frorn
the other party a complete inventory or list of all of the property that
ei ther or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such propertjT
valued by means of appraisals or otherwise. Both parties understand
that they have the right to have a court hold hearings and make
decisions on the matters covered by this Agreement. Both parties
understand that a court decision concerning the parties I respective
rights and obligations might be different from the provisions of thiEl
Agreement.
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is in
his or her best interests, and that the Agreement is not the result of
any fraud, duress, or undue influence exercised by either party upon the
other or by any other person or persons upon either party.
Given said understanding and acknowledgment, both parties hereby
waive the following procedural rights:
Section 1.11.01. Invento~: The right to obtain an inventory of
all marital and separate property as defined by the Pennsylvania
Divorce Code.
Section 1.11.02. Income and E:>tpense Statement: The righttc
obtain an income and expense statement of the other party as
provided by the Pennsylvania Divorce Code, except in instances
where such an income and expense statement is hereafter required to
be filed in any child support action or any other proceedings
pursuant to an order of court.
Section 1.11.03. Discovery: The right to have any discovery as
may be permitted by the Rules of Civil Procedure, except discovery
arising out of a breach of this Agreement, out of any child support
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action, or out of any other proceedings in which discovery is
specifically ordered by the court.
Section 1.11.04. Determination of Marital and Non-Marital
Property: The right to have the court determine which property is
marital and which is non-marital, and equitably distribute between
the parties that property which the court determines to be marital.
Section 1.11.05. Other Rights and Remedies: The right to have the
court decide any other rights, remedies, privileges, or obligatiom3
covered by this Agreement, including, but not limited to, possible
claims for divorce, spousal support, alimony, alimony pendente lite
(temporary alimony), counsel fees, costs and expenses.
SECTION 1.12. BANKRUPTCY: The parties hereby agree that the
provisions of this Agreement shall not be dischargeable in bankruptcy
and expressly agree to reaffirm any and all obligations contained
herein. In the event a party files such bankruptcy and pursuant thereto
obtains a discharge of any obligations assumed hereunder, the other
party shall have the right to declare this Agreement to be null and void
and to terminate this Agreement in which event the division of the
parties' marital assets and all other rights determined by this
Agreement shall be subject to court determination the same as if this
Agreement had never existed.
SECTION 1.13. SOCIAL SECURITY BENEFITS: The parties agree
that, subj ect to the rules and regulations of the Social Security
Administration, each of the parties shall continue to be eligible for
Social Security benefits to which he or she would ordinarily be
qualified as a party to a divorce after a marriage of ten (10) years or
more in duration, if the parties' marriage is determined to be of ten
(10) or more years in duration.
SECTION 1.14. PERSONAL RIGHTS: Husban.d and Wife may and shall,
at all times hereafter, live separate and apart. They shall be free
from any control, restraint, interference or authority, direct or
indirect, by the other in all respects as fully as if they were
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unmarried. They may reside at such place or places as they may select..
Each may, for his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, profession or employment which to
him or her may seem advisable. Husband and wife shall not molest,
harass, disturb or malign each other or the respective families of each
other nor compel or attempt to compel the other to cohabit or dwell bj'
any means or in any manner whatsoever with him or her.
SECTION 1.15. MUTUAL RELEASES: Except as other wise expressly
provided in this Agreement, Husband and Wife 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 purposeE:
whatsoever, of and from the following:
Section 1.15.01. Claims Against Property or Estate: Any and all
right, title, interest and/or claims in or against the other party,
the property (including income and gain from property hereafter
accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now has or
at any time hereafter may have against such other party, the estate
of such other party or the property of the other party or any part
thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other;
Section 1.15.02. Dower. Curtsey. Widows Rights: Any and all
rights and claims of dower or curtsey, or claims in the nature of
dower or curtsey or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to
take against the spouse's will;
Section 1.15.03. Life Time Conveyances: 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) the Commonwealth of
Pennsylvania, (ii) State, Commonwealth or Territory of the United
States, or (iii) any other country;
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Section 1.15.04. Marital Rights: Any rights which either party may
have or at any time hereafter have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel
fees, equitable distribution, costs or expenses, whether arising aEl
a result of the marital relation or otherwise;
Section 1.15.05. Future Earnings:
to the future earnings of the other
Any and
party;
all rights and claimEl
Section 1.15.06. Breach Exception: The foregoing shall not appll'
to all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach
of any provision 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 no~'
owns or may hereafter acquire, except and only except, all rights
and agreements and obligations of whatsoever nature arising OJ:'
which may arise under this. Agreement or for the breach of any
provisions thereof.
SECTION 1.16.
WAIVER OR MODIFICATION TO BE IN WRITING:
No
modification or waiver of any of the terms hereof shall be valid unless
in writing and signed by both parties and no waiver of any breach hereof
or default hereunder shall be deemed a waiver of any subsequent default
of the same or similar nature.
SECTION 1.17. MUTUAL COOPERATION: Each party shall, at any time
and from time to time hereafter, take any and all steps and execute,
acknowledge and deli ver to the other party, any and all further
instruments and/or document that the other party may reasonably require
for the purpose of giving full force and effect to the provisions of
this Agreement.
SECTION 1.18. AGREEMENT BINDING ON HEIRS: This Agreement shall
be binding and shall inure to the benefit of the parties hereto ana.
their respective heirs, executors, administrators, successors ana.
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assigns.
SECTION 1.19. INTEGRATION: This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements
and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
SECTION 1.20.
OTHER DOCUMENTATION: Wife and Husband covenant and
agree that they will forthwith (and within at least twenty (20) days
after demand therefor), execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes, stock certificates,
or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement, and/or as their respective counsel shall
mutually agree, should be so executed in order to carry out fully and
effectively the terms of this Agreement.
SECTION 1.21. NO WAIVER OF DEFAULT: This Agreement shall remain
in full force and effect unless and until terminated under and pursuant
to the terms of this Agreement. The failure of either party to 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 subsequent default of the same or similar
nature, nor shall it be construed as a waiver of strict performance of
any other obligations herein.
SECTION 1.22. BREACH: If for any reason either Husband or Wife
fails to perform his or her obligations owed to or for the benefit of
the other party and/or otherwise breaches the terms of this Agreement,
then the other party shall have the following rights and remedies, all
of which shall be deemed to be cumulative and not in the alternative,
unless said cumulative effect would have an inconsistent result or would
result in a windfall of the other party:
Section 1.22.01. Specific Performance: The right to specific
performance of the terms of this Agreement, in which event the non-
breaching party shall be reimbursed for all reasonable attorney's
fees and costs incurred as the result of said breach and in
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bringing the action for specific performance.
Section 1.22.02. Damages: The right to damages arising out of
breach of the terms of this Agreement, which damages shall include
reimbursement of all attorney's fees and costs incurred as the
result of the breach and in bringing the damage action.
Section 1.22.03. Divorce Code Remedies: The right to all remedies
set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23
PA. C.S.A. 3502(e), and any additional rights and remedies that may
hereafter be enacted by virtue of the amendment of said statute or
replacement thereof by any other similar laws.
Section 1.22.04. Other Remedies: Any other remedies provided for
in law or in equity.
SECTION 1.23. LAW OF PENNSYLVANIA APPLICABLE: This Agreement
shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
SECTION 1.24. SEVERABILITY: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be void
or invalid in law or otherwise, then only that term, condition clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall remain valid and continue in full force,
effect and operation. Likewise, the failure of either party to meet his
or her obligations under this Agreement under anyone or more of the
sections and paragraphs hereunder, with the exception of the
satisfaction of a condition precedent, shall in no way avoid or alter
the remaining obligations of the parties.
SECTION 1.25. HEADINGS NOT PART OF AGREEMENT: Any headings
preceding the text of the several sections, paragraphs and subparagraphs
hereof, are inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
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SECTION 1.26. INCOME TAX MATTERS: Wi th respect to income tax
matters regarding the parties the following shall apply:
Section 1.26.01. Prior Returns: The parties have heretofore filed
joint federal and state returns. Both parties agree that in the
event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against either
of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or
assessment therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failure to
disclose the nature and extent of his or her separate income on the
aforesaid joint returns.
Section 1.26.02. Future Returns: The parties acknowledge that
they will be filing individual and separate tax returns for the tax
year 2002 and thereafter.
SECTION 1.27. PRESERVATION OF RECORDS: Each party will keep and
preserve for a period of four (4) years from the date of their divorce
all financial records relating to the marital estate, and each party
will allow the other party access to those records as may be reasonably
necessary from time to time.
SECTION 1.28. MANNER OF GIVING NOTICE: Any notice required by
this Agreement shall be sent to a party at the address listed on page 1
above, or such other address as that party may from time to time
designate.
SECTION 1.29. EFFECT OF RECONCILIATION: This Agreement shall
remain in full force and effect even if the parties reconcile, cohabit
as Husband and Wife or otherwise, or attempt a reconciliation. This
Agreement shall continue in full force and effect and there shall be no
modification or waiver of any of the terms hereof unless the parties, in
writing, signed by both parties, execute a statement declaring this
Agreement or any term of this Agreement to be null and void.
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SECTION II
DISTRIBUTION OF PROPERTY AND DEBTS
SECTION 2.01.
FINAL EQUITABLE DISTRIBUTION OF PROPERTY: The
division of all property and debts set forth in this Agreement is
equitable and in the event an action in divorce has be~ri or is hereafter
commenced, both parties waive and relinquish the right to divide and
distribute their assets and debts in any manner not consistent with the
terms set forth herein and further waive and relinquish the right to
have the court equitably divide and distribute their marital assets and
debts. It is further the intent, understanding and agreement of the
parties that this Agreement is a full, final, complete and equitable
property division.
SECTION 2.02. AFTER-ACQUIRED PROPERTY: Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the
other, all property, tangible or intangible, real, personal or mixed,
acquired by him or her, since the date of the parties' marital
separation, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as though
he or she were unmarried and each party hereby waives, releases,
renounces and forever abandons any right, title, interest and claim in
and to said after acquired property of the other party pursuant to the
terms of this Section.
SECTION 2.03. WAIVER OF INHERITANCE: Each of t'he parties hereto
does specifically I waive, release, renounce and forever abandon any
right, title, interest and claim, if any, either party may have in and
to any inheritance of any kind or nature whatsoever previously, or in
the future, received by the other party.
SECTION 2.04. PERSONAL PROPERTY: With respect to the tangible
personal property of the parties including, but without limitation with
specific reference to, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, tools, pictures, books,
works of art and other personal property ("the Personal PropertyN), the
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parties agree as follows:
Section 2.04.01. Division: Husband and Wife do hereby acknowledge
that they have previously divided the Personal Property. Hereafte:~
Wife agrees that all of the Personal Property in the possession 0::
Husband shall be the sole and separate property of Husband; and
Husband agrees that all of the Personal Property in the possession
of Wife shall be the sole and separate property of Wife.
Section 2.04.02. Exceptions to Division:
notwithstanding the parties agree as follows:
The foregoing
Section 2.04.02.A.: The pictures of the Children and family
taken during the marriage shall be equally divided between the
parties.
Section 2.04.02.B.: The baby books and scrap books shall be
the sole property of Wife and shall remain in her primary
possession. These items will be made available for Husband to
view or use at any time.
Section 2.04.02.C.: The boxes of special mementoes created by
Wife shall be the sole property of Wife and shall remain in
her primary possession. These items will be made available
for Husband to view or use at any time.
Section 2.04.02.D.: The Computer printer and scanner shall be
the sole property of Husband.
Section 2.04.02.E.: The hitch for Wife's van,
from the hitch for Husband's vehicle, shall
property of Wife.
if different
be the sole
Section 2.04.02.F.: If any of the above referenced items of
personal property are in the possession of the party who is
not entitled to that property, then the parties shall promptly
make arrangements with each other so as to enable each party
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to receive and remove the items to which that party is
entitled from the other party's possession within fourteen
(14) days of the date of this Agreement.
Section 2.04.03. Waiver: The parties do hereby specifically
waive, release, renounce and forever abandon whatever claims, if
any, he or she may have with respect to the Personal property which
shall become the sole and separate property of the other.
SECTION 2. 05 . VEHICLES. BOATS AND THE LIKE: wi th respect to the
vehicles, boats, snowmobiles, motorcycles and the like owned by one or
both of the parties, or the trade in value thereof, ("the Vehicles") if
the Vehicles have been sold or traded in prior to the date of thiE:
Agreement, the parties agree as follows:
Section 2.05.01. Wife's Vehicles: 1995 Ford Winds tar shall be the
sole and separate property of Wife.
Section 2.05.02. ~usband's Vehicles: 1997 GMC Jimmy and the flat
bed trailer shall be the sole and separate property of Husband.
Section 2.05.03. Identification: Identification of a Vehicle
herein shall include not only the Vehicle, but also the sale or
trade-in value thereof if it had been sold or traded in prior to
the date of this Agreement.
Section 2.05.04. Transfer of Titles: The titles to the Vehicles
shall be executed by the parties, if appropriate, for effectuating
transfer as herein provided on the date of execution of this
Agreement and said executed titles shall be delivered to the proper
party on the distribution date.
Section 2.05.05. Title and Power of Attorney: For purposes of
this Section the term "title" shall be deemed to include "power of
attorney" if the title to the Vehicle is unavailable due to
financing arrangements or otherwise.
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Section 2.05.06. Liens: In the event any Vehicle is subject to a
lien or encumbrance the party receiving the Vehicle as his or her
property shall take it subject to said lien and/or encumbrance and
shall be solely responsible therefor and said party further agrees
to indemnify, protect and save the other party harmless from said
lien or encumbrance.
Section 2.05.07. Waiver: Each of the parties hereto doeEl
specifically waive, release, renounce and forever abandon whatever
right, title and interest they may have in the Vehicles that shall
become the sole and separate property of the other party pursuant:
to the terms of this Section.
Section 2.05.08. Automobile Insurance: Within fourteen (14) days
of the date of this Agreement the parties shall mutually cancel
their j oint automobile policy and each party shall secure an
individual policy covering their respective vehicles. If any
refund is due as the result of that cancellation, it shall be
divided between the parties equally.
SECTION 2.06. REAL ESTATE: The parties are the owners of a certain
tract of improved real estate known and numbered as 4632 Clearview
Drive, Camp Bill, PA 17011 ("the Real Estate") having an approximate
value of $120,000.00 and which is encumbered with a mortgage owed to Sun
Trust Mortgage Company having an approximate balance of $96,000.00 ("the
Mortgage"). With respect to the Real Estate and the Mortgage the parties
agree as follows:
Section 2.06.01. Conveyance: Wife shall make, execute and deliver
all documents in the usual form conveying, transferring and
granting to Husband all of Wife's right, title and interest in and
to the Real Estate, and Wife specifically ~aives, releases,
renounces and forever abandons all Wife's right, title and interest
therein. The deed of conveyance therefor shall be executed by Wife
at the signing of this Agreement and held in escrow by Wife's
attorney's pending the refinance or sale as set forth in Section
2.06.03. below, or sale as set forth in Section 20.06.04. below, at
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which time the deed shall be delivered to Husband for recordation.
Section 2.06.02. Liens and Encumbrances: The said conveyance
shall be subject to all liens and encumbrances including, but not
limited to, the lien of the Mortgage and further shall be under and
subject to any covenants and restrictions of record. Husband shall
hereafter be solely responsible for the payment of the Mortgage and
shall indemnify, protect and save Wife harmless therefrom.
Section 2.06.03. Refinance: Husband shall refinance the Mortgage
within seven hundred thirty (730) days [two (2) years] of the date
of this Agreement so as to release Wife from further liability
thereunder. The costs of refinancing shall be paid by Husband.
The seven hundred thirty (730) day time period may be extended upon
further mutual agreement of the parties. If Husband wishes to
extend this seven hundred thirty (730) day time period, Husband
shall provide Wife with written notification thereof at least sixty.
(60) days prior to the end of the original seven hundred thirty
(730) day time period. If Wife then agrees to the extension
requested by Husband, Husband shall prepare and the parties shall
execute a written agreement for that extension before such
agreement shall be binding upon the parties. Oral agreements to
extend this time period shall not be legally binding upon the
parties.
Section 2.06.04. ~: In the event Husband is unable to secure
the refinancing and release as required above, then the Real Estate
shall be listed for sale and sold at the best pric€ obtainable. At
settlement on said sale the net proceeds after payment of all
normal and reasonable settlement costs and payment of all existing
liens, mortgages and encumbrances, shall be paid to Husband as
Husband sole and separate property.
Section 2.06.05. Taxes upon Sale: Further in the event of sale,
Husband shall be solely responsible for the timely and prompt
reporting and payment of any and all taxes, including capital gains
taxes or the equivalent, and shall report the same on Husband's
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applicable income tax returns and shall indemnify, protect and hold
Wife ha~mless therefrom.
Section 2.06.06. Home E~enses: Husband shall hereafter be solely
responsible for the payment of all of the expenses pertaining to
the Real Estate including but not limited to taxes, utilities"
maintenance and repairs and shall indemnify, protect and save Wife
harmless therefrom. If any such expenses are currently incurred
under an account in Wife's name, individually or jointly with
Husband, then Husband shall make the necessary arrangements to have
said accounts transferred into his sole name within fourteen (14)
days of the date of this Agreement.
SECTION 2.07. RETIREMENT AND PENSION PLANS: Each of the parties
does specifically waive, release, renounce and forever abandon all of
their right, title, interest or claim, whatever it may be, in any
Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K
Plan, Keogh plan, Stock Plan, Tax Deferred Savings Plan, any employee
benefit plan and/or other retirement type plans of the other party,
whether acquired through said party's employment or otherwise, ("the
Retirement Plans"). Hereafter the Retirement Plans shall become the
sole and separate property of the party in whose name or through whose
employment said plan or account is held or carried. If either party
withdraws any sums from the Retirement Plans distributed to him or her
pursuant to the terms of this Section, that party shall be solely liable
for any and all taxes and penalties resulting from that withdrawal.
SECTION 2.08. BANK ACCOUNTS/STOCK/LIFE INSURANCE: The parties
acknowledge that they have previously divided to their mutual
satisfaction all of their bank accounts, certificates of deposit, bonds,
shares of stock, ihvestment plans and life insurance cash value, ("the
Accounts"). Pursuant to the terms of that agreement the following shall
apply to the Accounts:
Section 2.08.01. General Division of Accounts: All the Accounts
held in the name of Husband shall become the sole and separate
property of Husband; and all the Accounts held in the name of Wife
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shall become the sole and separate property of Wife.
Section 2.08.02. Exceptions to Division of Accounts: The
foregoing notwithstanding, the following division and distributio::l
shall apply regarding the Accounts:
Section 2.08.02.A. Joint Commerce Checking Account: The
parties have previously closed their joint checking account
with Commerce Bank and equally divided the funds in that
account. That distribution is hereby ratified and there shall
be no further distribution of the funds that were previously
held in that account.
Section 2.08.02.B. Children'~ Member'~ ]st Account: The Joint
Membe:c's 1st savings account held for the benefit of the
Child:cen shall be closed and the funds derived therefrom
divided equally between the parties. Each party shall then
hold his or her share for the benefit of the Children.
Section 2.08.02.C. Children's Savings Bonds: Wife shall hold
the U.S. Savings Bonds for the benefit of the Children.
Section 2.08.02.D. Children's CDS:
Child:cen's Certificates of Deposit
Children.
Husband shall hold the
for the benefit of the
Section 2.08.02.E. Children's Funds: Neither party shall
expend any funds listed in Section 2.08.02 .B.- 2.08.02 .D.
above except upon mutual agreement of the parties, except that
such funds remaining upon a child reaching age 22 (as to funds
that are designated for a single child alone) or upon the
youngest Child reaching age 22 (as to funds not designated for
a single child) shall be paid to the Child or children upon
the child or youngest child reaching age
SECTION 2.09. SOUND BARRIER CHECK: The parties previously
equally divided the funds received from the Commonwealth of Pennsylvania
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as payment for the erection of a sound barrier on the Real Estate. That
distribution is hereby ratified and there shall be no further
distribution of those funds.
SECTION 2.10. TAX PROVISIONS: The parties believe and agree that
the division of property made to be made pursuant to the terms of this
Agreement is a non-taxable division of property between co-owners rather
than a taxable sale or exchange of such property. Each party promises
not to take any position with respect to the adjusted basis of the
property assigned to him or her or with respect to any other issue which
is inconsistent with the terms of this Section on his or her applicable
federal or state income tax returns.
SECTION 2.11. WIFE I S DEBTS: Wife represents and warrants to
Husband that since the parties' marital separation she has not
contracted or incurred any debt or liability for which Husband or his
estate might be responsible. Wife further represents and warrants to
Husband that she will not contract or incur any debt or liability after
the execution of this Agreement for which Husband or his estate might be
responsible. Wife shall indemnify and save Husband harmless from any
and all claims or demands made against him by reason of debts or
obligations incurred by her.
SECTION 2.12. HUSBAND I S DEBTS: Husband represents and warrants
to Wife that since the parties' marital separation he has not contracted
or incurred any debt or liability for which Wife or her estate might be
responsible. Husband further represents and warrants to Wife that he
will not contract or incur any debt or liability after the execution of
this Agreement for which Wife or her estate might be responsible.
Husband shall indemnify and save Wife harmless from any and all claims
or demands made against her by reason of debts or obligations incurred
by him.
SECTION 2.13. MARITAL DEBT:. During the course of the marriage,
Husband and wife have incurred certain bills and obligations and have
amassed a variety of debts, ("the Marital Debts"), and it is hereby
agreed, without ascertaining for what purpose and to whose use each of
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the Marital Debts were incurred, the parties agree as follows:
Section 2.13.01.
Wife's Debts:
for the following
bills and debts:
Wife shall be solely responsible
I
Section 2.13.01.A. First USA Account #5417-1171-4732-2513:
The First USA credit card account #5417-1171-4732-2513, which
was closed in December, 2000, and had a balance of $2,578. 4~~
as of February 1, 2001, plus the continuing finance chargeB
which have accrued or will accrue on that account hereafter.
Wife shall pay the above account and financing charges in
regular monthly installments of no less than the minimum
amount required under the terms of that account until that
account is paid in full.
Section 2.l3.01.B. Payment to Husband: $1,200.00 payable to
Husband at the signing of this Agreement, which amount is the
adjustment necessary to equalize the distribution between the
parties of the amounts owed on the First USA credit card
account #5417-1171-4732-2513 to be paid by Wife and is
referenced in Section 2.13. 01.A. above and the First USA
credit card account #4417-1286-9545-0963 to be paid by Husband
and is referenced in Section 2.13.02.A. below.
Section 2.13.01.C. Vehicle Loan: Any vehicle loan for Wife's
Vehicle(s) .
Section 2.l3.01.D. Taxes from Retirement Withdrawals: Any
and all taxes resulting from her withdrawal of any funds from
her Retirement Plans;
Section 2.13.0l.E. Other Debts: Any and all other debts,
liabilities, obligations, loans, credit card accounts, and the
like incurred in Wife's sole name, and not otherwise provided
for herein.
Section 2.13.02.
Husband's Debts:
Husband shall be solely
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responsible for the following bills and debts:
Section 2.13.02.A. First USA Account #4417-1286-9545-0963 The
First USA credit card account #4417-1286-9545-0963, which was
closed in December, 2000, and had a balance of $4,038.58 as of
January 18, 2001, plus the continuing finance charges whic:::t
have accrued or will accrue on that account hereafter.
Husband shall pay the above account and financing charges in
regular monthly installments of no less than the minimum
amount required under the terms of that account until that
account is paid in full.
Section 2.13.02 .B. Vehicle Loan:
Husband's Vehicle(s);
Any vehicle loan for
Section 2.13.02.C. Mortgage and Refinance Ccsts: The
Mortgage and the costs of the refinance of the Mortgage;
Section 2.13.02 .D. Real Estate Sales Costs: Any and all
taxes resulting from the sale of the Real Estate;
Section 2.13.02.E. Taxes from RetirAment Withdrawals: Ally and
all taxes resulting from his withdrawal of funds from his
Retirement Plans;
Section 2.13.02.F. Other Debts: Any and all other debts,
liabilities, obligations, loans, credit card accounts, and the
like incurred in Husband's sole name and not otherwise
provided for herein.
Section 2.13.03. Indemnification: Each party agrees to hold the
other harmless from any and all liability which may arise from the
aforesaid bills which pursuant to the terms herein are not the
responsibility of the other party.
Section 2.13.,04.
shall be canceled
Cancellation of Joint Debts: Any j oint debt
so that nei ther party can make any further
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charges thereunder, and if
this Agreement, then the
immediately repay the same.
said charges are made in violation o~
party incurring said charge shaLL
Section 2.13.05. Non-Disclosed Liability: Any liability not
disclosed in this Agreement shall be the sole responsibility of the
party who has incurred or may hereafter incur it, and the party
incurring or having incurred said debt shall pay it as it becomes
due and payable.
Section 2.13.06.
No Further Joint Debt:
From the date of this
Agreement, each party shall only use those credit card accounts or
incur such further obligations for which that party is individually
and solely liable and the parties shall cooperate in closing any
remaining accounts which provide for joint liability.
Section 2.13.07. Refinance: In the event a party is assuming a
liability for which the parties are jointly liable, that party
shall refinance the same within sixty (60) days of the date of this
Agreement so as to release the other party from any and all
liability thereunder. This provision shall not apply to the Real
Estate Mortgage, the refinance of which is governed by the
provisions of Section 2.06 herein.
SECTION 2.14. INDEMNIFICATION: Any party assuming an obligation
pursuant to the terms of this Agreement shall indemnify, protect and
hold the other party harmless from and against all any and all liability
thereunder, including, but not limited to, any attorney's fees and costs
incurred by the other party as the result of defending against the
obligation and/or enforcing the provisions of this indemnification.
THIS SPACE INTENTIONALLY LEFT BLANK
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SECTION III
COUNSEL FEES. ALIMONY, SPOUSAL SUPPORT,
HEALTH INSURANCE. CHILD SUPPORT AND
EXPENSES. AND DEPENDENCY EXEMPTIONS
SECTION 3.01. COUNSEL FEES: The parties hereby waive any right
and/ or claim each may have, both now and in the future, against the
other for counsel fees, costs and expenses. Each party shall pay his or
her counsel fees incurred in this action.
SECTION 3.02. ALIMONY AND SUPPORT: Except as other wise herein
provided, the parties hereto agree and do hereby waive any right and/or
claim they may have, both now and in the future, against the other for
alimony, alimony pendente lite, spousal support and maintenance.
SECTION 3.03. HEALTH INSURANCE: The following shall apply
regarding health insurance on the parties and their Children:
Section 3.03.01. Heal th Insurance for Spouse: It is hereby
acknowledged chat neither party currently provides health insurance
coverage for the other party. It is agreed that pending the entry.
of the divorce decree or thereafter, neither party shall be
required to provide such health insurance coverage for the other
party, whether directly or by way of Cobra coverage.
Section 3.03.02. Health Insurance for Children: Any party
currently carrying health insurance on the Children shall continue
to provide health insurance coverage on the Children as long as
they remain eligible therefor and that coverage is available to hiIT.
or her through employment at a reasonable cost.
Section 3.03.03. Health Insurance Documentation: Any party having
the insurance coverage on the Children shall be required to provide
the other party with all documentation pertaining to the insurance
including, but not limited to, medical insurance cards, benefit
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booklets, claim submission forms and all statements pertaining to
the determination of insurance coverage as to each claim made
thereunder.
SECTION 3.04.
CHILD SUPPORT AND EXPENSES:
The
following shall
the Children:
apply regarding child support matters and expenses for
Section 3.04.01. Regular S~pport: Given the fact that the parties
share custody of the Children on an equal basis, neither party
shall be required to pay the other parent any child support as long
as physical custody remains shared equally by the parties.
Section 3.04.02. Monetary Payment in the Event of a ~hild S~~~ort,
Order: It is acknowledged and agreed that the waiver of child
support set forth in the preceding Section 3.04.01. has been made
in part on the basis of the shared custody and in part on the
overall equitable distribution of marital property and debts and
the waiver of the claim for alimony herein provided. It is also
acknowledged that this waiver child support may not be enforceable
by the court. So that neither party is harmed by the potential
unenforceablity of this provision and to account for the claims
that each party may have against the other party to a monetary
equitable distribution payment or in the alternative to a payment
of alimony, it is agreed as follows:
Section 3.04.03. Monetary Amo~nt: In the event either party
secures an order for child support against the other for a payment
over and above the expenses to be shared as hereafter provided,
then the party obtaining child support shall be obligated to pay
the party paying the support the amount of $30,000.00.
Section 3.04.03.A. Payments: The $30,000.00 shall be payable
in monthly installments equal to the amount of the child
support order, to be paid by a wage attachment through the
Domestic Relations Office in which the child support order has
been entered.
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Section 3.04.03.B. Excess;
remains unpaid when the child
right to receive such payment
the obligation terminated.
If any amount of this paymenc
support order is terminated, the
shall be deemed to be waived and
Section 3.04.03.C. Contingency: The obligation to make this
payment shall arise only for those times that child support is
to be paid by the other party and custody is shared equally by
the parties. It shall be suspended for any period in which
child support is not required to be paid by the other party.
It shall terminate when no child support obligation can
possibly arise due to age of the children and graduation fronl
high school.
Section 3.04.04. Day Care Expenses and Child Care Credit: The
parties shall share the day care expenses for the Children. Wife
shall pay 60% of those expenses and Husband shall pay 40% of those
expenses. The federal income tax child care credit for each Child
shall be claimed by the Party entitled to claim the Child or
Children on his or her tax return as a dependent.
Section 3.04.05. Medical Expenses; The Parties shall share the
medical, dental and optical expenses for the Children. Wife shall
pay 60% of those expenses and Husband shall pay 40% of those
expenses. The party paying such expense shall be reimbursed by the
other party of his or her share upon receipt of bills or other
proof of the amount of such expenses.
Section 3.04.06. Insurance Coverage: If the medical expenses are
covered in whole or in part by insurance then the amount of payment
owed by each Parent shall be determined after the insurance payment
is made. In the event payment is due before the application of the
insurance coverage, then each party shall promptly pay his or her
percentage share when the expense is incurred and when the
insurance payment is received it shall be divided between the
Parents on the basis of the percentage of payment each party made
of the bill for which said reimbursement insurance payment is made.
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Section 3.04.07. Documentation: Any party having the insurance
coverage on the Children shall be required to provide the other
party with all documentation pertaining to the insurance including"
but not limited to, medical and dental insurance cards, benefit
booklets, claim submission forms and all statements pertaining to
the determination of insurance coverage as to each claim made
thereunder.
Section 3.04.08. Sport Expenses: The
regarding the payment of the expenses
participation in sports:
following shall apply
for the Children's
Section 3.04.08.A.
of the expenses
participation.
Baseball Expenses:
incurred for the
Husband shall pay all
Children's baseball
Section 3.04.08.B. Hockey Expenses: Wife shall pay all of
the expenses for the Children's hockey participation.
Section 3.04.08.C. Soccer Expenses: The parties shall share
the expenses for the Children's participation in soccer, so
that Wife will be required to pay sixty percent (60%) of those
expenses and Husband will be required to pay forty percent
(40%) of those expenses.
Section 3.04.08.D. Other Sports Expenses: If the Children,
or any of them, no longer participate in a sport listed or
participates in another sport, the parties will reapportion
these expenses so that Wife will be required to pay sixty
percent (60%) of those expenses and Husband will be required
to pay forty percent (40%) of those expenses.
Section 3.04.09. Activities Expenses: Should the Children desire
to engage in new activities, they shall not be enrolled in such
activities abaent mutual agreement of the parties. If the parties
mutually agree to such enrollment, then the costs thereof shall be
divided 60% to Wife and 40% to Husband.
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Section 3.04.10. Clothing E'tPenses:
clothing expenditures for the Children
and 40% by Husband.
Any mutually agreed
shall be paid 60% by
upon
wife
SECTION 3.05. DEPENDENCY EXEMPTIONS:
Wife shall be entitled to
claim the dependency exemptions for the parties' children, Jacob C.
Thomas and Adam J. Thomas in even numbered years and for the parties'
child, Rebecca E. Thomas in odd numbered years, on her applicable tax
returns. Husband shall be entitled to claim the dependency exemption for
the parties' children, Jacob C. Thomas and Adam J. Thomas in odd
numbered years and for the parties' child, Rebecca E. Thomas in even
numbered years on his applicable tax returns. The parties will execute
8.11 required IRS documents necessary to effectuate the terms of this
Section.
THIS SPACE INTENTIONALLY LEFT BLANK
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SECTION IV
CLOSING PROVISIONS AND EXECUTION
SECTION 4.01. COUNTERPARTS: This Agreement may be executed in
counterparts, each of which shall be deemed to be an original, but all
of which shall constitute one and the same agreement.
SECTION 4.02. FACSIMILE SIGNATURE:
and be bound by facsimile signatures hereto.
Each party agrees to accept:
SECTION 4.03 BINDING EFFECT: BY SIGNING THIS AGREEMENT, EACH
?ARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, ~I
EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE:
AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER
A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound hereby, have signed sealed and acknowledged this Agreement in
various counterparts, each of which shall constitute an original once
signed by both parties.
WITNESS:
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Date:
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the'2...\C day of k..bUI' "'" lru) 2002, before me the
undersigned officer, personally appeared, JUDY A. THOMAS, known to me
(or satisfactorily proven) to be the person whose name is subscribed to
the within Agreement, and acknowledged that JUDY A. THOMAS executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
Notarial Seal .
Diane G. Radcliff, NO~dPuCobl~n
C Hill Bora, Cumbe"an ~
M:~gmmission Expires Jan. 11. 20 4
Member, pennSYlvamaAsSoclatlonOfNotarie~
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
~
On this the ..)../i'T day of _~tl..(....;k- 2002, before me the
undersigned officer, personally appeared, DAVID A. THOMAS, known to me
(or satisfactorily proven) to be the person whose name is subscribed to
the within Agreement, and acknowledged that DAVID A. THOMAS executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have
otarial seal.
.
Notarial Seal .
Diane G. Radcliff, NO~rydPu~~nty
C Hill Boro, Cumbe"an 4
Mya~gmmission Expires Jan. 11, 200
Member, pennSYlvanlaAsSOClationofNotarte.~
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF'
CUMBERLAND COUNTY, PENNSYLVANIA,
NO. 00-6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE OF TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court: for
entry of a divorce decree:
1. GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2.
DATE
a.
b.
c.
OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
Date of filing of Complaint: October 2, 2000
Manner of Servjce of CompJaint:
Date of Service of Complaint:
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF
THE DIVORCE CODE:
a. Plaintiff: November 21, 2002
b. Defendant: November 21, 2002
OR
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF
THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON
THE DEFENDANT:
a. Date of F.xeclltion: N/A
b. Date of Pi 1 i ng: N/A
c. Date of Servi ce: N/A
4. RELATED CLAIMS PENDING:
No issues are pending. All issues have been resolved pursuant to the parties'
Marital Agreement dated November 21, 2002, which Agreement is to be
incorporated into but not merged with the Divorce Decree.
5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIP'E TO
TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE E~:ERED
UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE:
a. Date of Service: N/A
b. Manner of Service: N/A
OR
DATE WAIVER OF NOTICE IN SECTION 3301(C)
PROTHONOTARY:
a. Plaintiff'R Waiver: November 22, 2002
b. Defennant'8 Waiver: November 22,
DIVORCE WAS
FILED WITH THE
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Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
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JUDY A. THOMAS
PLAINTIFF
V.
DAVID A. THOMAS
DEFENDANT
IN 1HE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6702 CML ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 10th day of Octoher, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the ~dayof November , 2000, at 12:00 p.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR 1HE COURT,
By: Isl
Melissa P. Greevy. ES~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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 Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JUDY A. THOMAS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
DAVID A. THOMAS,
NO. 06- (P 70-:>--
(Li('-r~"
Defendant
CIVIL ACTION - LAW
DIVORCE
ORDER
You, David A. Thomas, have been sued in Court to obtain a Custody
Order.
You
are
hereby
Ordered
to
appear
in
person
at
on
at
.M., for
a conciliation or mediation conference.
a pretrial conference
a hearing before the Court.
I f 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.
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU DO NOT HAVE
THE OFFICE SET FORTH
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800)990-9108 or (717)249-3166
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. Oc-
QUlL<-r~'1
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action.
You are warned that if you fail to do so, the case may proceed without
you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may
lose money or property or other rights important to you, including
custody or visitation of your children.
Wben the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary at 1 Courthouse Square, Carlisle, PA 17013.
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.
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU DO NOT
THE OFFICE SET
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800)990-9108 or (717)249-3166
Thomas, judy\complaint
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AMERICAN WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the Court. You must
attend the scheduled conference or hearing.
Date:
BY THE COURT
J.
Thomas, jUdy\complaint
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JUDY A. THOMAS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. HJ - ~ 702. Q;;) J~
Vs.
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
DIVORCE
COUNT I
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Judy A. Thomas, who currently resides at 4632 S.
Clearview Drive, Camp Hill, Cumberland County, PA 17011 since July
1999.
2. Defendant is David A. Thomas, who currently resides at 4632
S. Clearview Drive, Camp Hill, Cumberland County, PA 17011 since July
1999.
3. Both Defendant and Plaintiff have been bona fide residents in
the Commonwealth for at least six months immediately previous to the
filing of the Complaint.
4. The Plaintiff and Defendant were married on May 20, 1991 at
Camp Hill, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and
that Plaintiff may have the right to request that the Court require
the parties to participate in counseling.
WHEREFORE, plaintiff requests the Court to enter a decree of
divorce.
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COUNT II
REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN
UNDER 3301(d) OF THE DIVORCE CODE
8. Paragraphs 1 through 7 are incorporated herein by reference.
9. The marriage of the parties is irretrievably broken.
10. After two (2) years have elapsed from the date of
separation, Plaintiff intends to file her Affidavit of having lived
separate and apart.
11. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the Court
to require the parties to participate in such counseling.
WHEREFORE, once two (2) years have elapsed from the date of
separation
Plaintiff
and
has
filed her Affidavit,
Plaintiff
respectfully requests that this Court enter a Decree in Divorce,
pursuant to Section 3301(d) of the Divorce Code.
COUNT III
REQUEST FOR DIVORCE DUE TO INDIGNITIES
UNDER 3301(a) (6) OF THE DIVORCE CODE
12. Paragraphs 1 through 11 are incorporated herein by
reference.
13. Defendant has offered such indignities to Plaintiff, the
innocent and injured spouse, as to render her condition intolerable
and life burdensome.
WHEREFORE, Plaintiff requests the Court to enter a decree of
divorce.
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COUNT IV
CUSTODY
14. The Plaintiff is Judy A. Thomas, residing at 4632 S.
Clearview Drive, Camp Hi 11 , PA 17011, Cumberland County.
15. The Defendant is David A. Thomas, residing at 4632 S.
Clearview Drive, Camp Hill, PA 17011, Cumberland County.
16. Plaintiff seeks shared physical custody of the following
children:
Name
Present Residence
Age
Jacob C. Thomas
4632 S. Clearview Drive
Camp Hill, PA 17011
January 26, 1993
Adam J. Thomas
4632 S. Clearview Drive
Camp Hill, PA 17011
January 26, 1993
Rebecca E. Thomas
4632 S. Clearview Drive
Camp Hill, PA 17011
March 26, 1996
17. The children were not born out of wedlock.
18. The children are presently in the custody of both parents
who reside at 4632 S. Clearview Drive, Camp Hill, PA 17011.
During the past five years, the children have resided with the
following persons and at the following addresses:
List All Persons
List All Addresses Dates
Judy A. Thomas
David A. Thomas
4632 S. Clearview Drive 7/99 - Present
Camp Hill, PA 17011
Judy A. Thomas
David A. Thomas
207 S. Sporting Hill Road 1992 - 7/99
Mechanicsburg, PA 17055
The mother of the children is Judy A. Thomas, currently residing
at 4632 S. Clearview Drive, Camp Hill, PA 17011. She is married.
The father of the children is David A. Thomas, currently residing
at 4632 S. C1earview Drive, Camp Hill, PA 17011. He is married.
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19. The relationship of Plaintiff to the children is that of
mother. The Plaintiff currently resides with the following persons:
Name Relationship
David A. Thomas Husband
Jacob C. Thomas Son
Adam J. Thomas Son
Rebecca E. Thomas Daughter
20. The relationship of Defendant to the children is that of
father. The Defendant currently resides with the following persons:
Name
Relationship
Judy A. Thomas
Jacob C. Thomas
Adam J. Thomas
Rebecca E. Thomas
Wife
Son
Son
Daughter
21. 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.
22. Plaintiff has no information of a custody proceeding
concerning the children pending in a Court of this Commonwealth.
23. Plairitiff 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.
24. The best interest and permanent welfare of the children will
be served by granting the relief requested.
25. Each parent whose parental rights to the children have not
been terminated and the person who has physical custody of the
children have been named as parties to this action.
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WHEREFORE, Plaintiff requests the Court grant her shared physical
and legal custody of the children.
YOFFE & YOFFE. P.C.
Thomas, judy\complaint
BY~~ /J1~
~EFFR N. Y FE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
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JUDY A. THOMAS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs.
NO.
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
DIVORCE
VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the foregoing
Complaint are true 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.
Dated: '1 /I~!q{)
.~io~
Thomas, judy\complaint
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT,
YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS
AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED.
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on October 2, 2000 (the date
of the commencement of the Divorce Action) and have continued to
live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsifications to authorities.
Date: October 3. 2002
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Adult affidavit of service
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
NO.02-5630
CIVIL TERM
CIVIL ACTION - LAW
v.
DIVORCE
ALLAN W. STACKHOUSE,
Defendant
AFFIDAVIT OF SERVICE
I, the undersigned, being duly affirmed according to law,
deposes and says:
1. I am over 18 years of age.
2. I am not related to either party to this action.
3. I served a true and correct copy of the Complaint in
Divorce properly endorsed with a Notice to Plead and
Peti tion for Special Relief /Inj unction with Temporary
Injunction and Order for Hearing upon the Defendant,
Allan W. Stackhouse, on //'';12.-<t>L. by
handing a copy of the aforesaid documents to the
Defendant at the following address:
p~'" (StDDLl' fL.o4D
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BY:~cA~~ ~
Signature
KtCj~14/1-{) }b./I fUA/
Printed Name
Sworn to and subscribed before
~e a Nota~y ~ublic in and for
C<2 N\.k-~unty, Pennsylvania
this day of ~ 2002.
Notarial Seal
Diane G. Radcliff, Notal'f Public
Camp Hill Bora, Cumberland countY
My Commission Expires Jan. 11, 2004
Member, pennsylvaT1laAssociatlOnofNotari9l=
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-6702
DAVID A. THOMAS,
Defendant
Civil Action - Law
In Divorce
ACCEPTANCE OF SERVICE
I, the Defendant in the above captioned action, hereby accept
service of the Complaint filed in the above captioned matter on
October 2, 2000.
Date: October 5. 2000
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on October 2, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true
and correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated: Itplltl'2--
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DY A. THOMAS
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WATVRR OF NOTTCR OF' TNTRNTION TO REOURST
RNTRY OF A DTVORCR DRCRRR lWDER
SRCTTON 330J Ie) OF' THR DTVORCR CODR
1. I consent to the entry of a final decree in divorce without
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 is entered by the Court and that a copy of the decree
will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true
and correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated: 1{j),!C'7-
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on October 2, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true
and correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated:
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without
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 is entered by the Court and that a copy of the decree
will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true
and correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated:
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.SA SECTION 4304.1, ALL DIVORCES MUST INCLUDE THE PARTIES' SOCIAL
SECURITY NUMBERS.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE.
DATE Novernber 22, 2002
COUNTY Cumberland County, PA
DOCKET NUMBER No. 00-6702
PLAINTIFF'S NAME Judy A. Thornas
PLAINTIFF'S SS # 180-56-2156
DEFENDANT'S NAME David A. Thornas
DEFENDANT'S SS# 167-38-6267
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JUDY A. THOMAS,
Plaintiff,
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NOV 1 4: 200,Zj
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
No. 00-6702 Civil Action - Law
DAVID A. THOMAS,
Defendant.
In Custody
ORDER OF COURT
AND NOW, this 8th day of November, 2000, the Conciliator, being advised that the
parties continue to reside in the same residence, hereby relinquishes jurisdiction in this case.
Melissa Peel Greevy, Esquire
Custody Conciliator
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JUDY A. THOMAS
PLAINTIFF
V.
DAVID A. THOMAS
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6702 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 5th day of February, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliat
at 214 Senate Aveuue, Suite 105, Camp Hill, PA 17011 on the 6th day of February ,2001, at 11:00 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme 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.
FOR THE COURT,
By: Isl
Melissa P. Greev Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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 Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-6702 CIVIL ACTIOI\I
DAVID A. THOMAS,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this
day of
, 2001, upon
consideration of the Complaint filed in this matter, it is hereby directed that the parti<es
and their respective counsel appear before , the conciliator, at
, Pennsylvania, on , the
day of
,2001,at
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, to define and narrow the issues
to be heard by the Court, and to enter a temporary order. All children aged five or ollder
may also be present at the conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO INOT
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.
COURT ADMINISTRATOR, FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
FOR THE COURT,
BY
CUSTODY CONCILIATOR
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JUDY A. THOMAS,
Plaintiff
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-6702 CIVIL ACTION
DAVID A. THOMAS,
Defendant
IN CUSTODY
PETITION FOR ENTRY OF CUSTODY ORDER
ANO NOW comes the above-named Defendant, David A. Thomas, by his attorney,
Samuel L. Andes, and petitions the court for an entry of a custody order in the above
matter, based upon the following:
1. The' Petitioner herein is the Defendant, David A. Thomas, an adult individual
who resides at 4632 S. Clearview Drive, Camp Hill, Cumberland County, Pennsylvania.
2. The Respondent herein is the Plaintiff, Judy A. Thomas, an adult individual who
resides at 102 Hampden Avenue, Camp Hill, Cumberland County, Pennsylvania.
3. The parties are husband and wife and are the parents of three minor children,
Jacob C. Thomas, born 26 January 1993, Adam J. Thomas, born 26 January 1993
(Adam and Jacob are twins) and Rebecca E. Thomas, born 26 March 1997.
4. This action was originally commenced by Plaintiff but this court, after a
conference before the conciliator, declined to enter an order because the parties and the
children all resided together at the same residence.
5. Since the prior proceedings in this case, Defendant has learned that Plaintiff
has secured another residence and plans to move into that residence at the beginnin~1 of
February and take the minor children with her.
6. Defendant seeks an award of primary physical custody of the minor childron
because he believes such an award is in the children's best interest for several reasons,
which include:
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a. Defendant's temperament and work schedule make him better
available to provide for the day to day needs of the children; and
b. Plaintiff is involved with another man and that has distracted her
from the children and the regular performance of her parental obligations to
the children; and
c. Defendant will remain in the home the children know and their
older half brother, who is Defendant's child, will continue to reside at that
residence and be available for them; and
d. Defendant is better able to provide for the reasonable needs of the
children.
7. Now that the parties are separated, or will be separated in the immediate future,
the parties require an order of court awarding custody of the children and setting a
schedule of temporary custody.
WHEREFORE, Defendant prays this court to enter an order awarding him primary
physical custody of the children and awarding both parties shared legal custody of the
children.
s~
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
II
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF CUMBERLAND
DAVID A. THOMAS, being duly sworn according to law, deposes and says that the
facts set forth in the foregoing document are true and correct to the best of his
knowledge, information, and belief.
JJ4r
DAVID A. THOMAS
,
Sworn to and subscribed
before me this 30 #, day
of.!J~ ,2001.
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
vs.
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
CUSTODY
INTERIM ORDER OF COURT
AND NOW, this /3 -tA day of February, 2001, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. oS of the Cumberland County
Courthouse, on the /6I*' day of ft~' L , 2001, atl.:...3d. o'clock 2i..m., at
which time testimony will be taken. For the purposes of the hearing, the Mother, Judy A.
Thomas, shall be deemed to be the moving party and shall proceed initially with testimony.
Counsel for the,parties and/or the parties per se shall file with the Court and opposing
counsel/party a memorandum setting forth each party's position on custody, a list of witnesses
who are expected to testify at the hearing, and a summary of the anticipated testimony of €iach
witness. This memoranda shall be filed at least ten days prior to the hearing date. Pendin!g
further Order of Court the following Order shall be in effect.
2. Legal Custody. The parties, Judy A. Thomas and David A. Thomas, shall have
shared legal custody of the minor Children, Jacob C. Thomas, born January 26, 1993, Adam
J. Thomas, born January 26,1993, and Rebecca E. Thomas, born March 26,1997.
3. Physical Custody. Contingent upon, and effective upon the parties' separation,
which is presently ,anticipated to be February 16, 2001, the following shared physical custody
arrangement shall be in effect:
A. To commence on February 16, 2001, the parties shall alternate weekends
from Friday after wo(~until Sunday at 4:00 p.m. With the impending
separation it is anticipated that the weekend of February 16th shall be
Father's first custodial weekend.
B. Alternating Sundays from Sunday at 4:00 p.m. until Monday. It is
anticipated that Mother's initial Sunday overnight shall occur on February
18, 2001. Sunday overnight shall be alternated between the parties.
C. Mother shall have the Children after school on Tuesday and Thursday
evenings overnight until they depart for school the following day. Father
shall have Mondays and Wednesdays overnight from after work until they
depart for school the following day.
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No. 00-6702
D. In the event that school is dismissed for bad weather or a school holiday,
the parent who had the Children the night previous to the day that school
is oot shall make plans for the missed school day.
4. Neither party will smoke in the car or in the house when the Children are present.
5. The parties shall participate in co-parent counseling with Melinda Eash of Riegler,
Shienvold and Associates for a minimum of three sessions. The focus of this counseling shall
be to improve communication and the parties' ability to work together to make decisions for
their Children. To the extent that this counseling is un-reimbursed by health insurance, the!
parties shall share equally in the cost of these professional services.
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Dis!: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
Samuel L. Andes, Esquire, 525 N. 12~ Street, PO Box 168, Lemoyne, PA 17043
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
vs.
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE:
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY QE
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Jacob C. Thomas
Adam J. Thomas
Rebecca E. Thomas
January 26, 1993
January 26, 1993
March 26, 1997
Mother and Father
Mother and Father
Mother and Father
2. A Custody Conciliation Conference was held on January 6, 2001, with the following
individuals in attendance: the Mother, Judy A. Thomas, and her counsel, Diane G. Radcliff,
Esquire; the Father, David A. Thomas, and his counsel, Samuel L. Andes, Esquire.
3. The parties came into this Custody Conciliation Conference seeking primary
physical custody of their Children. No long-term agreement with regard to custody of these
Children was reached. However, the parties agreed to enter an Interim Order to continue CI
schedule similar to what has been happening for the last few months and to enter co-parent
counseling. The Order entered shall not become effective until Mother vacates the marital
home which is presently planned to occur on February 16, 2001.
4. Father's position on custody isi1s follows: Father contends that he should have
primary physical custpdy because he believes that Mother's priorities are misplaced and
because he does not'trust her to use good judgment with the Children. He initially proposed a
custodial schedule of' only alternating weekends and special occasions. He represents that
Mother has imposed the present custodial schedule without his agreement since some time in
October or November of 2000. He states that at times she takes the Children to school or
daycare when they are ill and has delayed getting prescriptions filled. He also expresses
concern that Mother recently took the Children to stay with their Grandmother when school
was closed for snow and failed to take snow boots along with them.
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No. 00-6702
5. Mother's position on custody is as follows: Mother states that she has always beien
the parent responsible for taking the children to their doctor's appointments and sports
practices. She states she attends school conferences and supervises homework. '
Additionally, she coaches soccer for the boys. She contends she has not returned the
Children to daycare until the physician has said that they may return. With regard to delay in
filling a prescription, Mother reports that the first pharmacy she had contacted had told her it
would take six hours in order to get the prescription filled. Therefore, she chose to use
another pharmacy which was open later in the evening. Mother expresses concerns that
Father refuses to speak with her regarding the Children and has discussed issues regarding
their martial difficulties in the presence of the minor Children.
6. The parties agreed to an Interim Custody Order in the form as attached which
provides, in part, that they will attend counseling in hopes of resolving their issues and
improving parental communication prior to a hearing before the Court. A hearing in this matter
will take approximately one-half day.
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Melissa Peel Greevy, Esquire
Custody Conciliator
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Date
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-6702 CIVIL ACTION
DAVID A. THOMAS,
Defendant
IN CUSTODY
DEFENDANT'S MEMORANDUM
AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes,
and files the following Memorandum in accordance with this Court's Order of 13 February
2001 :
1. DEFENDANTS POSITION ON CUSTODY. Defendant believes that the best
interest of the children are for him to be awarded primary physical custody of them, for
several reasons, which include the fact that he is living in the marital home which is the
only home they have known for several years, the fact that his son by a prior marriage
lives with him when the son is not away from college and the children are close to that
child, his schedule allows more flexibility which gives him the opportunity to care for the
children without as much child care, and he has historically provided more care for the
child than has the mother, who is distracted by her social life. He believes the court
should enter an order giving him primary physical custody and allowing the Plaintiff
periods of temporary custody on alternating weekends and one or more evenings per
week, plus vacations and holidays.
2. WITNESSES. At the present time the Defendant plans to call the following
witnesses in his case in chief:
1. Linda and Michael Wright. Linda Wright is the Plaintiff's sister and
she and her husband will testify about the parties' care of the children and
the Defendant's'fitness to have primary custody of his children.
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2. Betty Snyder. Mrs. Snyder is the Plaintiff's mother and she will
testify about the parties' care of the children and the Defendant's ability to
provide a proper home for them.
3. Charles Thomas. Mr. Thomas is Defendant's father and he will
testify about the relationship between father and the children, father's ability
to provide for the children, and both parties' care for the children in the past.
Defendant reserves the right to call such additional witnesses as may be appropriate to
respond to Plaintiff's case-in-chief.
Respectfully Submitted,
~,~:.'A~;~'~
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761.5361
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Defendant's Memorandum
upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows:
DIANE G. RADCLIFF, ESQUIRE
3448 TRINDLE ROAD
CAMP HILL, PA 17011
Date: to ~
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Attorney for Defendant
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JUDY A. THOMAS,
Pla.intiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
~USTODY ORDER
AND NOW,
this J7~ day of
,J~
2002, upon
consideration of the within Stipulation executed by JUDY A. THOMAS
("Mother") and DAVID A. THOMAS ("Father") (individually "Parent" and
collectively "Parents") pertaining to their minor children, Jacob C.
Thomas born January 26, 1993, Adam J. Thomas born January 26, 1993 and
Rebecca E. Thomas born March 26, 1996 (the "Children"), IT IS HEREBY
ORDERED AND DECREED as follows:
A. LEGAL CUSTODY: The Parents shall share and have joint legal
custody of the Children. Each Parent shall be entitled to
participate, jointly with the other Parent, in all major non-
emergency decisions affecting the Children's health, education,
religion and general well being. Pursuant to the foregoing the
following shall apply:
1.
Access ~o Information:
access to any and all
documentation regarding
can be made.
Each Parent shall be entitled to
information, persons, entities and
the same so that informed decisions
2. Non-major Decisions: Non-major decisions involving the
Children's day to day living shall be made by the Parent then
having custody, but to the extent possible, the Parents shall
attempt to make such rules and follow such schedules as would
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provide the Children with continuity regardless of the then
existing custodial Parent.
3. EmergE"Dcy Deci sions: Emergency decisions regarding the
Children shall be made by the Parent then having physical
custody, but that Parent shall communicate to the other Parent
the nature and extent of the emergency and shall provide that
other Parent with all information pertaining to the treatment
so that the other Parent may be involved in the decision
making process at the earliest possible time.
4. CopieR of Dor.uments: Upon receipt by a Parent, copies of the
Children's school schedules, special events notifications,
report cards and the like shall be provided to the other
Parent, unless they are otherwise available to the other
Parent. Each Parent shall share with the other Parent any
other information and documentation, or copies thereof, that
each Parent possesses regarding the Children wi thin such
reasonable time as to make the records and information of
reasonable use to the other Parent, unless otherwise available
to the other Parent.
5. Noti CE" of Act i vi ti es: Each Parent shall provide the other
Parent with at least 48 hours advance notice of school or
other activities whenever possible.
6. No Derogatory CommentR: Neither Parent shall make any
derogatory comments about the other Parent in the presence of
the Children and to the extent possible shall prevent thirci
parties from making any such comments in the presence of the
Children.
7. No Discussion: Neither Parent shall discuss any aspect of the
custodial situation with the Children and shall not utilize
the Children for purposes of conveying information or
inquiries pertaining to the Children to the other Parent.
8. Appointments: Each Parent shall notify the other Parent of
any medical, dental, optical and psychological appointments
and/or treatment for the Children sufficiently in advance
thereof so that the other Parent can attend.
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9. CarE" ProvioE"rs: Each Parent shall provide the other Parent
with the name, address and phone number of any babysitter or
other daycare providers that regularly watch the Children for
that Parent. Neither parent shall fire, discharge, hire or
retain another day care provider without the consent of the
other Parent.
10. TE"lE"phonE" CContac;t: Both Parents shall be afforded reasonable
telephone contact with the Children while in the other
Parent's custody and for said purposes each Parent shall
provide the other parent wi th his or her home phone number
where the Children can be reached when in that Parent' B
custody.
11. T"IDporary Abs"nc;E" from CCommonwE"alth: If either Parent
intends on removing the Children from the Commonweal th of
Pennsylvania for a period in excess of forty-eight (48) hours
that Parent shall provide the other Parent with the addresEl
and phone number where the Children can be reached during the
period of absence.
12. Relor.ation: Neither Parent shall remove the Children from the
jurisdiction of the Court of Common Pleas of Cumberland
County, pennsylvania on a permanent basis without providing
the other Parent with at least ninety (90) days advance notice
thereof. Said ninety (90) day time period is designed to
allow the Parents to negotiate a modification of this:
Stipulated Agreement and in absence thereof to be able to
petition the Court for a modification if the same iB
appropriate under the circumstances.
B. PHYSICAL CUSTODY: The following shall apply regarding physical
custody of the Children:
1. Primary CCllstooy: The Parents shall have joint physical
custody.
2. CCllstooy Sr.hE"o1l1E'" The Parents' rights of custody shall be in
accordance with the following schedule:
a.
AJt"rnating W"E"k"nos:
custody on weekends from
at 5:00 p.m.
The Parents shall alternate
Friday after work until Sunday
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b.
Alternatjng ~lndays:
custody from Sunday
school on Monday.
The Parents shall alternate
at 5:00 p.m. until they depart for
c. Mid Week Period: Mother shall have custody of the
Children after school on Tuesday and Thursday evenings
overnight until they depart for school the following day,
Father shall have custody of the Children after school on
Mondays and Wednesdays overnight until they depart for
school the following day.
d. Non-School Days: In the event school is dismissed for bad
weather, or is a school holiday or a non school day, the
Parent who had the Children the night preceding the day'
that school is out pursuant to the provisions of the
preceding subparagraphs, shall have custody for that day'
until the time the next custodial period begins and shall
be responsible for making plans for the care of the
Children during that day.
e.
Holidays:
following
below:
The Parents shall alternate custody on the
major holidays under the terms and as set forth
1. Raster: From 9:00 a.m. to 6:00 p.m.
2. Memorial Day: From 4:00 p.m. on the Friday before
Memorial Day until 6:00 p.m. on Memorial Day
3. Independence Day (Ohserved): From 9:00 a.m. until
after the fireworks on Independence Day (Observed)
if that Parent is taking the Children to the
fireworks and if at such time custody is to be
returned to the other parent in accordance with the
terms of this Order, he or she shall deliver the
Children to the Other Parent's home; and, if the
Children are not going to the fireworks, then until
6:00 p.m. on Independence Day (Observed)and if at
such time custody is to be returned to the other
parent in accordance with the terms of this Order,
he or she shall deliver the Children to the Other
Parent's home.
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4 . Labor Di'lY: From 4: 00 p. m. on the Friday before
Labor day until 6:00 p.m. on Labor Day.
5.
Thanksgiving: From 6:00 p.m.
before Thanksgiving until 6:00
following Thanksgiving Day.
on the Wednesday
p.m. on the Friday
6. Chri stma s Evp C':hri stma s Morn ing: From December
24th at 4:00 p.m. until December 25th at 2:00 p.m.
7. Chri stmas Aftprnoon Dpccpmhpr ?!ith: From December
25th at 2:00 p.m. until December 26th at 4:00 p.m.
8. Npw Ypars Evp: From December 31st at 4:00 p.m. until
January 1st at 4:00 p.m.
9. New Years Day: January 1st at 4:00 p.m. unti:~
January 2nd at 4: 00 p. m.
10. Hal i day Scchedlll P: The following schedule shall
apply to the above referenced holidays:
HOLIDAY ODD YEARS EVEN YEARS
EASTER Mother Father
MEMORIAL DAY Father Mother
INDEPENDENCE DAY Mother Father
LABOR DAY Father Mother
THANKSGIVING DAY Mother Father
CHRISTMAS EVE-CHRISTMAS Father Mother
MORNING
.
CHRISTMAS AFTERNOON- Mother Father
DECEMBER 26TH
NEW YEARS EVE Mother Father
NEW YEARS DAY Father Mother
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11. ChriRtmaR Rr~ak W~~k: The Christmas Break Week is
hereby defined as the week commencing at 4:00 p.m.
on December 26th and ending at 4:00 p.m. until
December 31st. If both Parents take off of work for
the Christmas Break Week, then in odd numbered
years Mother would have custody of the Children for
the first half of the Christmas Break Week and
Father would have custody of the Children for the
second half of the Christmas Break Week; and in
even numbered years Father would have the Children
for the first half of the Christmas Break Week and
Mother would have custody of the Children for the
second half of the Christmas Break Week. If only
one Parent takes off work, the Parent who is not
working shall have custody of the Children durin9
the work day and the evenings would follow the
regular custody schedule set forth above.
f. Moth~r's Day: Mother shall have custody each Mother's
Day from 9:00 a.m. until 6:00 p.m.
g. Fath~r'R Day: Father shall have custody of the Children
each Father's Day from 9:00 a.m. until 6:00 p.m.
h. Va~ation Tim~: Each Parent shall be entitled to one (1)
week of custody of the Children under and subject to the
following terms and conditions:
1. Wp.~k to F.n~ompaRR Wp.p.kend: To the extent possible
the week shall be scheduled to encompass the
selecting Parent's regular alternating weekend.
2. W~~kend Swit~hing: If said scheduling set forth in
subparagraph 1 above is not possible or practical,
then the Parent selecting the custodial time period
that encompasses the other Parent's regular
alternating weekend shall switch weekends with the
other Parent so that neither Parent has custody of
the Children for more than 2 consecutive weekends.
3. Written Noti~e: Each Parent must provide the other
Parent with at least thirty (30) days advance
written notice of his or her intention to exercise
each of these custodial weeks.
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4. Conn i r.t: Should a conflict arise between the
selection of said weeks the first Parent to notify
the other Parent of his or her selection shall have
the right to exercise custody on the weeks selected
and the other Parent shall select other times for
his or her weeks so as to avoid any conflicts.
C. MISCELLANEOUS CUSTODY TERMS: The following miscellaneous custody
terms shall apply:
1.
Transportation: The transportation necessary for
custodial exchanges herein set forth shall be shared by
Parents with the Parent receiving custody providing
transportation for that custodial exchange.
the
the
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2. Smoking: Neither Parent will smoke in the car or in the house
when the Children are present.
3. Medi r.al Treatmp.nt: Both parents must agree on any medical
treatments for ongoing conditions with the children. The
parent coordinating the medical treatment plan shall
communicate the treatment plan to the other parent at the
inception of the treatment plan, and discuss any changes to
the plan with the other parent prior to changing the treatment
plan. Both parents will agree upon any changes to the
treatment plan prior to the changes being started. Exceptions
to this would be if the changes occur due to an emergent
nature. Both parents should be aware of any medication being
taken by the children. The parent who is visiting is
responsible for administering the medication as directed. This
allows both parents to be knowledgeable at all times of the
children's medical conditions so that in the case of an
emergency, the parent with the children at the time has full
knowledge of the children's medical conditions.
4. Other Ar.tivities: Should the children desire to engage in new
activities, they shall not be enrolled in such activities
absent mutual agreement of the parties.
5. Prer.p.dence: The holiday schedule shall take precedence over
any other custodial period set forth herein. The other
miscellaneous custodial periods shall take precedence over the
regular alternating weekend and midweek custodial periods set
forth herein.
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6. Unavailability: In the event either Parent is going to be out
of town or is otherwise unavailable to exercise his or her
custodial periods, they shall notify the other Parent
accordingly and the other Parent shall be provided with the
opportunity to have custody for the period of unavailability.
7. AddreRR-Notjfir.ation: For school purposes basis and medical
emergency purposes, Mother's address and phone number shall be
listed as the primary address for the Children. It iE'
understood that this provision shall not be deemed to affect
the equal sharing of time with the Children and shall not bE'
deemed to mean that the Children shall attend school in
Mother's school district. Rather this address is to be used
because Mother is more likely to be the parent who can take
off of work to attend to the Children for these purposes and
is therefore the Parent who should be called first. The
foregoing notwithstanding, if a Parent does not live in the
school district in which the Children attend school, then the
Parent who lives in the Children's school district shall be
listed as the primary gddress and residence for the Children.
For all purposes, both Parent's address and phone number
shall be provided to the Children's school and medical care
providers so that both parties may be contacted, regardless of
which Parent has been listed as the first contact person.
8. Change in Sr.hool DiRtrir.t: Neither parent shall change the
school district the Children are to attend without the mutual
agreement of the parents.
9. Ar.tivitieR: Both Parents shall mutually agree on the
extracurricular activities in which the children are to
participate, it being agreed, however, that the Children's
participation in existing activities has been mutually agreed
upon by the parties. The parents shall cooperate and act
reasonably in selecting the activities of the children,
considering at all times the best interest of the Children.
Both parents are encouraged to participate in the activities
of the children. Both parents will agree at the time of the
sign up of the activity to take the children to practices
and/or games when the practices or games occur during his or
her custodial time.
10. Modifir.ation: The Parents shall be at liberty, and are
encouraged, to modify the custodial periods herein provided to
accommodate their respective schedules and special events,
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subject, nonetheless in all respects to the mutual agreement:
of the Parents for any such modifications.
J.
DISTRIBUTION TO:
ATTORNEY FOR PLAINTIFF:
~Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
PLAINTIFF:
Judy A. Thomas
102 Hampden Ave.
Camp Hill, PA 17011
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DEFENDANT:
I David A. Thomas
4632 S. Clearview Dr.
Camp Hill, PA 17011
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PEJ\lNS'llVANIA
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JUDY A. THOMAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 -6702
DAVID A. THOMAS,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION
lo:r \ I
AND NOW This 2..\ day of ~O_"I-}. 2002, JUDY A. THOMAS and DAVID
A. THOMAS hereby stipulate and agree that the foregoing Custody Order
shall be entered by the Court in the above captioned matter.
IN WITNESS WHEREOF the parties, intending to be legally bound
hereby, have set their hands and seals the day and year below written.
WITNESS:
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DAVID A. THOMAS
[I!2ft 07-
{SEAL}
{SEAL}
Date:
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