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HomeMy WebLinkAbout03-1865IN THE COURT OF COMMON PLEAS F D CO ,MAINE MYE?N,rIFF : OF CUMBERLAN PENNSYLVANIA : NO.U-3 " 1 P CIVIL TERM vs. CIVIL ACTION -LAW STODY WILLIAM CHARLES MYERS ; ACTION FOR DIVORCE 1 CU DEFENDANT M RIGHTS NOTICE TO DEFEND AND CLAIM the following you wish to defend against the claims set forth in you have been sued in court. If y the case may proceed must take prompt action. You are warned that if you fail to do so, the court. A judgment pages, you be entered against you by without you and a decree of divorce or annulment may papers by the plaintiff. entered against you for any other claim or relief requested in these may also be You, including custody or visitation of your you may lose money or property or other rights important to y children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, yo counseling. A list of marriage counselors is available in the office of the 7 may request marriage Carlisle, PA 17013-338 One Courthouse Square, Prothonotary at the Cumberland County Courthouse, LAWYER'S NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, SE IF YOU DON ED, YOU MAY LO XPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANT FEES OR E THE RIGHT TO CLAIM ANY OF THEM. PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT YOU SHOULD TAKE THIS AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET HAVE A LAWYER OR CANNOT YOU CAN GET LEGAL HELP. FORTH BELOW TO FIND OUT WHERE t Bar Association Cumberland Coun y 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 SUSAN ELAINE MYERS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL TERM VS. WILLIAM CHARLES MYERS : : CIVIL ACTION -LAW ACTION FOR DIVORCE / CUSTODY DEFENDANT COMPLAINT FOR NO-FAULT DIVORC CODE T TNDF.R SF CTION 3301(c) OF THE DIVORCE AND NOW, comes the Plaintiff, SUSAN ELAINE MYERS, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is SUSAN ELAINE MYERS, an adult individual, who resides at 111 Runson Road, Camp Hill, Cumberland County, Pennsylvania, 17011. The Plaintiff has resided in Cumberland County for over ten (10) years. 2. Defendant is WILLIAM CHARLES MYERS, an adult individual, who currently resides at 114 Le Anne Court, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on October 12, 1991. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant was a member of the United States Military. 9. Plaintiff and Defendant have two (2) children from their marriage, RACHEL ELIZABETH MYERS, born April 6,1996, and WILLIAM JOSHUA MYERS, born August 9, 1998. COUNT I REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE thereto. 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, SUSAN ELAINE MYERS, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, SUSAN ELAINE MYERS, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT III - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following minor children who reside with the Plaintiff: NAME AGE SEX DATE OF BIRTH RACHEL ELIZABETH MYERS 7 years Female April 6, 1996 WILLIAM JOSHUA MYERS 4 years Male August 9, 1998 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM Plaintiff and Defendant Plaintiff ADDRESS 111 Runson Road Camp Hill, PA 111 Runson Road Camp Hill, PA FROM I TO 1998 to January 10, 2003 January 10, 2003 to Present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody of their children and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of the children. WHEREFORE, Plaintiff, SUSAN ELAINE MYERS, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming Shared Legal Custody with Plaintiff, SUSAN ELAINE MYERS, and Defendant, WILLIAM CHARLES MYERS, and Primary Physical Custody with the Plaintiff, SUSAN ELAINE MYERS, and Partial Physical Custody with the Defendant, WILLIAM CHARLES MYERS, of the parties' two (2) minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS. Dated: April -?P 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay o, Esquire Counsel for Vla tiff PA I.D. # 64 5021 East Trindle Road suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: S LRS 1- ? w ? C ? 1 y? I 1 SUSAN ELAINE MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1865 CIVIL ACTION LAW WILLIAM CHARLES MYERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW Friday, April 25, 2003 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 21, 2003 at 10:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sunday, Esq 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?! i??? ?l,I??It?:J l,HP+I t• (! ICJ SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1865 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the day of -? , 2003, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Susan Elaine Myers, Plaintiff in the above-captioned matter. 3. On May 1, 2003, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9123, and addressed to the Defendant, William Charles Myers, at 114 LeAnne Court, Enola PA 17025. 4. The return receipt card signed by the Defendant, William Myers, showing a date of service of May 3, 2003, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. .- 9aS SUSAN KAY< D ELLO, Counsel for Plaint' SWORN TO AND SUBSCRIBED before me, a Notary Public, this 1144-?rX day of 2003. Notary Public cio Z)QpdS My Commission Expires: Notarial Seal Kimberly R. Hanford, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Apr. 4, 2005 EXHIBIT "A" Cl ?? l fl N* ` I n L 1.3 t'_:s ?'tl ? ? _. ?; G's ' _ 1, .: ?.., ?' (?.` . C r j t _; t SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-1865 CIVIL TERM : CPA L ACTION - LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiff is SUSAN ELAINE MYERS (hereinafter sometimes referred to as "Mother") who currently resides at 111 Runson Road, Camp Hill, Cumberland County, Pennsylvania, 17011. Defendant is WILLIAM CHARLES MYERS (hereinafter sometimes referred to as "Father") who currently resides at 114 LeAnne Court, Enola, Cumberland County, Pennsylvania, 17025. RACHEL ELIZABETH MYERS, born on April 6, 1996, and WILLIAM JOSHUA MYERS, born on August 9, 1998, are the natural children of the Mother, SUSAN ELAINE MYERS, and the Father, WILLIAM CHARLES MYERS, and are the subjects of this Stipulation for Agreed Order of Custody. It is Mother and Father's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their Mother and Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, SUSAN ELAINE MYERS, and Defendant, WILLIAM CHARLES MYERS, have entered into a mutual agreement regarding the custody of their children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS, and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share equally Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. Neither Mother nor Father may make unilateral, arbitrary decisions in these areas. 3. Mother and Father agree to keep the other informed'. of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. Day-to- day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both Father and Mother's names shall be listed with the school as the parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Mother shall have Primary Physical Custody of the minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS during the school year and Partial Physical Custody of the children during the children's summer vacation. Father shall have Partial Physical Custody of the minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS during the school year and :Primary Physical Custody of the children during the children's summer vacation, according to the following schedule: A. During the school year, Father shall have the children on alternating weekends, when Father shall get the children after school Friday afternoon, through Sunday evening at 6:30 to 7:00 p.m. at which time Father shall return the children to Mother's residence; B. Father may request one (1) evening during the week with the children beginning after school through 8:00 p.m. when Father shall return the children to Mother's residence. Father shall provide Mother with a minimum of forty-eight (48) hours notice of the evening he wants to have the children; C. Beginning the first Monday of the first fill week following the last day of school, Father shall begin his Primary Physical Custodial time. Father's time shall extend through the last full week before the first day of school. During this time Mother shall have alternating weekends beginning Friday after the end of her work day, when Mother shall pick up the children from their day care location or Father's residence. Mother shall have the children through Sunday at 9:00 p.m. when she shall return the children to Father's residence; D. During Mother's period of Partial Physical Custody, Mother shall have the children every Tuesday evening beginning at the end of Mother's work day when she shall pick up the children from their day care location or Father's residence through Wednesday morning when Mother shall return the children to their day care provider; E. The parties shall alternate the following holidays. If either parent has a special request for a holiday and the other parent has no specific plans, the parent with the specific plans may take the children. Father shall have the odd numbered holidays and Mother the even numbered holidays in the odd numbered years, to alternate annually thereafter: 1) New Year's Eve and Day (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (this day may be extended later in the evening to attend fireworks); 5) Labor Day; 6) Thanksgiving Day; F. Christmas. Mother and Father shall alternate Christmas with Father getting Schedule A in the odd numbered years and Mother getting Schedule B in the odd numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 6 00 p.m. through Christmas Day at 12:00 p.m. B. To begin Christmas Day at 12:00 p.m. through the day after Christmas at 6:00 p.m. G. Father shall have the children on Father's. Day and Mother shall have the children with her on Mother's Day; H. Mother and Father shall each have the option of requesting one to two (1-2) non-consecutive weeks of vacation during the year with their children, providing written notice to each other of the time they are requesting for vacation a minimum of six (6) weeks prior to their requested time. The party to provide notice of a time for the children's vacation to the other parry first shall have that vacation time over the later in time vacation request of the other party for that same time. 1. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. Holidays shall begin at 5:00 p.m. the evening before the holiday and extend through 8:00 p.m. the day of the holiday, unless the parties agree to other times. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their children for more than eight (8) hours during their individual custodial time with the children. 12. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get their children. 13. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. The parties agree to discuss sharing the costs of any extraordinary expenses for their children. 14. The parry from whose home the children are coming shall provide to the other party adequate and appropriate clothing, outerwear and any additional items for the children's period of visitation with that party. 15. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 16. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties. 17. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parties. WITNESS SUSAN EL E S Y V// ?. 2 t4,10 WI SS WILLIAIvI C S COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND On this, the ,):3"?day of June, 2003, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when SUSAN ELAINE MYERS and WILLIAM CHARLES MYERS, whose names are subscribed to the within Stipulation for Agreed Order of Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. SIL, Q Notary Public ?QS My Commission Expires: r -l C\) Notarial Seal Kimb erlyY R. Hanford, Notary Public dw*eburg 9oro, Cumberland County Commission Expires Apr. 4, 2005 IWmlev, z v1 C.' v -fn; C? f ; rn W ? rn ti fT „-per JUN 2 7 2003 V SUSAN E. MYERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-1865 CIVIL ACTION LAW WILLIAM C. MYERS Defendant IN CUSTODY ORDER AND NOW, this 25" day of June. 2003 , the conciliator, having received no request from counsel to reschedule the Custody Conciliation Conference originally scheduled for May 21, 2003, hereby relinquishes jurisdiction. FOR THE COURT, CLu?C Dawn S. Sunday, Esquire Custody Conciliator a? Cf] 5 c Z SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1865 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiff is SUSAN ELAINE MYERS (hereinafter sometimes referred to as "Mother") who currently resides at 111 Runson Road, Camp Hill, Cumberland County, Pennsylvania, 17011. Defendant is WILLIAM CHARLES MYERS (hereinafter sometimes referred to as "Father") who currently resides at 114 LeAnne Court, Enola, Cumberland County, Pennsylvania, 17025. RACHEL ELIZABETH MYERS, born on April 6, 1996, and WILLIAM JOSHUA MYERS, born on August 9, 1998, are the natural children of the Mother, SUSAN ELAINE MYERS, and the Father, WILLIAM CHARLES MYERS, and are the subjects of this Stipulation for Agreed Order of Custody. It is Mother and Father's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their Mother and Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, SUSAN ELAINE MYERS, and Defendant, WILLIAM CHARLES MYERS, have entered into a mutual agreement regarding the custody of their children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS, and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share equally Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. Neither Mother nor Father may make unilateral, arbitrary decisions in these areas. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. If either parent should be unreachable at their office or residence, then that party shall provide the other parry with the necessary information to facilitate notification of an emergency. Day-to- day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both Father and Mother's names shall be listed with the school as the parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Mother shall have Primary Physical Custody of the minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS during the school year and Partial Physical Custody of the children during the children's summer vacation. Father shall have Partial Physical Custody of the minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS during the school year and Primary Physical Custody of the children during the children's summer vacation, according to the following schedule: A. During the school year, Father shall have the children on alternating weekends, when Father shall get the children after school Friday afternoon, through Sunday evening at 6:30 to 7:00 p.m. at which time Father shall return the children to Mother's residence; B. Father may request one (1) evening during the week with the children beginning after school through 8:00 p.m. when Father shall return the children to Mother's residence. Father shall provide Mother with a minimum of forty-eight (48) hours notice of the evening he wants to have the children; C. Beginning the first Monday of the first Rill week following the last day of school, Father shall begin his Primary Physical Custodial time. Father's time shall extend through the last full week before the first day of school. During this time Mother shall have alternating weekends beginning Friday after the end of her work day, when Mother shall pick up the children from their day care location or Father's residence. Mother shall have the children through Sunday at 9:00 p.m. when she shall return the children to Father's residence; D. During Mother's period of Partial Physical Custody, Mother shall have the children every Tuesday evening beginning at the end of Mother's work day when she shall pick up the children from their day care location or Father's residence through Wednesday morning when Mother shall return the children to their day care provider, E. The parties shall alternate the following holidays. If either parent has a special request for a holiday and the other parent has no specific plans, the parent with the specific plans may take the children. Father shall have the odd numbered holidays and Mother the even numbered holidays in the odd numbered years, to alternate annually thereafter: 1) New Year's Eve and Day (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (this day may be extended later in the evening to attend fireworks); 5) Labor Day; 6) Thanksgiving Day; F. Christmas. Mother and Father shall alternate Christmas with Father getting Schedule A in the odd numbered years and Mother getting Schedule B in the odd numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 6:00 p.m. through Christmas Day at 12:00 p.m. B. To begin Christmas Day at 12:00 p.m. through the day after Christmas at 6:00 p.m. G. Father shall have the children on Father's Day and Mother shall have the children with her on Mother's Day; H. Mother and Father shall each have the option of requesting one to two (1-2) non-consecutive weeks of vacation during the year with their children, providing written notice to each other of the time they are requesting for vacation a minimum of six (6) weeks prior to their requested time. The party to provide notice of a time for the children's vacation to the other party first shall have that vacation time over the later in time vacation request of the other party for that same time. 1. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. Holidays shall begin at 5:00 p.m. the evening before the holiday and extend through 8:00 p.m. the day of the holiday, unless the parties agree to other times. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their children for more than eight (8) hours during their individual custodial time with the children. 12. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get their children. 13. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. The parties agree to discuss sharing the costs of any extraordinary expenses for their children. 14. The party from whose home the children are coming shall provide to the other party adequate and appropriate clothing, outerwear and any additional items for the children's period of visitation with that party. 15. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 16. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall The made in writing and signed by both parties. 17. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parties. C AM" S WITNESS SUSAN EL r t/ WI SS WILLIAM[ C S MfER'S COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND On this, the d3?4day of June, 2003, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when SUSAN ELAINE MYERS and WILLIAM CHARLES MYERS, whose names are subscribed to the within Stipulation for Agreed Order of Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Q.? Notary Public My Commission Expires: GFA?k y )o-)OS Notarial Seal Kimberly R. Hanford, Notary Public rksburg Boro, Cumberland County dr y Commission Expires Apr. 4, 2005 kMa C^r ?1:? r •T Z7 i=i ri C Ca rn fT SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1865 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR CUSTODY ORDER OF COURT AND NOW, this L day of A44 , 2003, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, SUSAN ELAINE MYERS, and Defendant, WILLIAM CHARLES MYERS, shall SHARE LEGAL CUSTODY of the parties' minor children, RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS. In accordance with the language contained in the within Stipulation, the Plaintiff, SUSAN ELAINE MYERS, shall have PRIMARY PHYSICAL CUSTODY during the school year and PARTIAL PHYSICAL CUSTODY of RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS during the minor children's vacation from school. Defendant, WILLIAM CHARLES MYERS, shall have PARTIAL PHYSICAL CUSTODY during the school year and PRIMARY PHYSICAL CUSTODY of RACHEL ELIZABETH MYERS and WILLIAM JOSHUA MYERS during the minor children's vacation from school. J. MNVAIASNN3d ?s:i?ta? i--?«roo 3JIy-?C-i?]":I: MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this i'day of 2003, by and between SUSAN ELAINE MYERS and WILLIAM CHARLES MYR RECITALS Wife's Birthday and Social Security Number: August 17, 1964 216-80-9554 Husband's Birthday and Social Security Number: September 6, 1967 167-60-5905 Date of Marriage: October 12, 1991 Place of Marriage: Camp Hill, Cumberland County, Pennsylvania Last Marital Residence: 111Runson Road, Camp Hill, Cumberland County, PA 17011 Date of Separation: January 10, 2003 Children: RACHEL ELIZABETH MYERS, born on April 6, 1996 WILLIAM JOSHUA MYERS, born on August 9, 1998 Pending Court Proceedings: None Divorce Court of Common Pleas No. 03-1865 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, 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 of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all rimes and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either parry may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABI LITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania 17050, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to William Charles Myers at 114 LeAnne Court, Enola, Pennsylvania, 17025, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt 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. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 7 Prior to or at the time of the execution of this Agreement Husband shall make all necessary arrangements to have his tangible personal property removed from the marital residence. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1995 Plymouth Neon, titled jointly in Husband and Wife's names, shall hereafter be the sole and exclusive property of Husband. Husband and Wife agree to cooperate in the execution of all documents necessary to change the title to the vehicle to the name of the Husband, alone. At this time this vehicle has no loans upon it. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. B. The 2001 Dodge Grand Caravan, titled jointly in Husband and Wife's names, shall hereafter be the sole and exclusive property of Wife. Husband and Wife agree to cooperate in the execution of all documents necessary to change the title to the vehicle to the name of the Wife, alone. The loan on this vehicle is a joint loan in both Husband and Wife's names. Wife agrees to refinance this vehicle solely in her name, as soon as she is financially able, but no later than one (1) year from the date of the execution of this Agreement. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties have closed all joint checking and savings accounts with Members First Bank. The monies in these accounts were used to pay marital debt. The parties have each established their own individual bank accounts. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to their joint and individual bank accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. LIFE INSURANCE Husband has a term life insurance policy. Husband agrees to maintain this life insurance policy with Wife as the trustee of the proceeds of the life insurance policy to be held in trust for their children, Rachel and William. Wife has a life insurance policy through her employer. Wife agrees to maintain this life insurance policy with Husband as the trustee of the proceeds of the life insurance policy to be held in trust for their children, Rachel and William. 5. RETIREMENT INTEREST Husband Husband does not have any retirement interests. Wife's Highmark 401k Wife has a 401k through her present employer, Highmark. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's 401k with Highmark. 6. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Wife has requested to keep the marital residence and Husband has agreed. Husband shall receive as his equity in the marital residence the sum of Five Thousand Dollars and No Cents ($5,000.00). Wife shall refinance within thirty (30) days from the date of this Agreement the first mortgage with Washington Mutual and the second mortgage with Household Finance, which are both on the marital residence, removing Husband's name. Wife shall give Husband his equity in the marital residence at that time. Wife shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. 7. JOINT DEBTS AND LIABILITIES The only joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) First and Second Mortgage on the Marital Residence: Wife shall refinance both the first and second mortgage on the marital residence removing Husband's name from both the mortgages. Wife shall be responsible for all mortgages, loans, liens, taxes, and insurance on the marital residence. 2) Vehicle Loan: Wife agrees to refinance the loan for the 2001 Dodge Grand Caravan into her sole name, removing Husband's name from the loan and assume full responsibility for said loan, no later than one (1) year from the date of the execution of this Agreement. 3) Other Joint Debts: Husband agrees he shall be responsible for the following debts: 1) Providian Visa, in Husband's name alone, approximate amount of debt: $3,000.00. Husband agrees to remove Wife's name as an authorized user of this account. 2) Husband's student loans, in Husband's name alone. Wife agrees she shall be responsible for the following debts: 1) Providian Visa, in Wife's name alone, approximate amount of debt: $3,000.00. Wife agrees to remove Husband's name as an authorized user of this account. 2) Capital One, in Wife's name alone, approximate amount of debt: $500.00. Wife agrees to remove Husband's name as an authorized user of this account. 3) Household Bank, in Wife's name alone, approximate amount of debt: $500.00. Wife agrees to remove Husband's name as an authorized user of this account. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. 10 B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third parry or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnicadon as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 10. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terns of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they finther release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 11 11. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 12. COUNSEL FEES AND EXPENSES Husband and Wife agree they will share equally (50/50) all counsel fees and expenses incurred in connection with the parties' marital dissolution, child custody and support. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. WITNESS COUNTY OF CUMBERLAND SUSAN ELAIN MYE WIFE X M CHARL S S HUSBAND SS: On this, the _? day of &%Ul? 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared SUSAN ELAINE MYERS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Com ' 'on Fpm ryes: ?9.(?l. 4) X005 12 Notarial Seal Klmbady H. Hanford, Notary Public My Com l 13om, Cumberland County My Commission Expires Apr. 4, 2005 COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the 13-* day of O?K , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the t3 dersih gned officer, personally appeared WILLIAM CHARLES MYERS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public ° My Commission Expires: CH qt "S Notarial Seal Kfmberfyy R. Hanfortl, Notary Public tiiechsnk?burg Boro, Cumberiantl County my CommissIon Expires Apr. 4, 2005 13 SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-1865 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, WILLIAM CHARLES MYERS, do hereby acknowledge that I am the Husband in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an attome to represent me on the issue of the Marital Property Settlement Agreement. Date: 4, i 3 2003 WS LAM C iLES M RS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the 134'\ day of 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersi ed officer, personally appeared WILLIAM CHARLES MYERS ]mown to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of Right to Counsel for Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: I) aDAS EXHIBIT "A" J;K F HBty N=A4 ommisab . L .. ' ^ l ' t_l C ? LP.C 'l? ?S''. ?? " .._ •i I ? r f 7 ( lL cy ? ' : (?i - t .? ? ?' ' ? ? ? ;..-Tl %> C °) - ?' C _ . `ern .. ._-? -l{ .. ? U1 F -G SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-1865 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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 and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on May 3, 2003. The Affidavit of Service Certified Mail was filed with the Cumberland County Prothonotary on May 15, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: August 11, 2003 Defendant: August 13, 2003 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 5. 1 certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on August 11, 2003 by the Plaintiff and on August 13, 2003 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: August QQ 2003 Suite 100 Mechanicsburg PA 17050 (717) 796-1930 ?. c ? _? _: ? 171 C'f• t : ) . r . ... rt. ?c; a° :? ' a Z j - %% r n ? ?c_ -• : ? _ .. .,,, SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.03-1865 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 23, 2003. 2. The marriage between the 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 the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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 unworn falsification to authorities. DATE SUSAN ELAINE MYE c7 c. c, ?.., ? ma emu, a. +rn ??? ;,_, [" fir,: ?t.. ra G ? -i i.J ??, r. ? j? . ? _ ?_ '.` •? jm ? ? ? ' ?' SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.03-1865 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR. DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 23, 2003. 2. The marriage between the 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 the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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. O ? ? Iv?CLI DATE AM CH ES WERS ? a 't 'TJ C7.1 = L? ?C: _ to SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-1865 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF IN TENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE ODE 1. I consent to the entry of a final decree of 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. y/// / -3 . DATE SUSAN ELAINE MYE S CD i Ovj t ? o , T a+ SUSAN ELAINE MYERS, PLAINTIFF VS. WILLIAM CHARLES MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-1865 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF IN TENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of 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 unswom falsification to authorities. 7 DATE WII.LI CHARLES RS '? w o _ rrx ? T r ;r,? a ? r .-,try IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. iLAIN7ItT N O. 03-1865 CIVIL 70V VERSUS IVILLIAI7 CXAi?L£S Ny£l?s, DEMVr)AV7 DECREE IN DIVORCE AND NOW, Y 2003 IT IS ORDERED AND DECREED THAT 4/z £/ATN£ />YL S PLAINTIFF, AND 0ILLIAI7 QAi?L£s NIIEI?S -,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONE THE ATTEST: ?? PROTHONOTARY iii ? ? ?? ?D• .8??' ,. r, ?, ? •. WILLIAM CHARLES MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-1865 CIVIL TERM SUSAN ELAINE MYERS, CIVIL ACTION -LAW DEFENDANT ACTION FOR CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is William Charles Myers, residing at 428 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Susan Elaine Myers, residing at 111 Runson Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following children: Name Present Residence A. Rachel Elizabeth Myers 111 Runson Road B. William Joshua Myers 111 Runson Road The children were not born out of wedlock. The children are presently in the custody of Susan Elaine Myers who resides at 111 Runson Road, Camp Hill, Cumberland County, Pennsylvania 17011. Camp Hill, PA. 17011 Camp Hill, PA. 17011 Age 11 8 During the past five years, the children have resided with the following persons and at the following addresses: Name of Person Address Dates Susan Elaine Myers 111 Runson Road, Camp Hill, Pennsylvania 2002 to present William Charles Myers 2620 Market Street, Camp Hill, Pennsylvania 2005 to 7/20/07 William Charles Myers 114 Leeann Court, Enola, Pennsylvania 2003 to 2005 William Charles Myers 111 Runson Road, Camp Hill, Pennsylvania 2002 to 2003 The mother of the children is Susan Elaine Myers, currently residing at 111 Runson Road, Camp Hill, Cumberland County, Pennsylvania 17011. She is divorced. The father of the children is William Charles Myers, currently residing at 428 Lamp Post Lane, Camp Hill, Pennsylvania He is married. 4. The relationship of plaintiff to the child is that of a parent, namely father of the children. The plaintiff currently resides with the following persons: Name Relationship A. Colleen M. Myers Wife B. Michael J. Hood Step son C. Matthew D. Hood Step son 5. The relationship of defendant to the child is that of a parent, namely mother of the children. The defendant currently resides with the following persons: Name Relationship A. Rachel Elizabeth Myers Daughter B. William Joshua Myers Son 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The court, term and number, and its relationship to this action is: Cumberland County, No. 03-1865, Action for Custody, Same Case. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this actions is: N/A- Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The name and address of such person is: MLA 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. The father has learned that the mother has been involved with an individual by the name of Douglas Nesbit who has a criminal record for driving while under the influence of alcohol and indecent assault of a child under 13 years of age; and B. The mother has admitted that she had been dating the said Douglas Nesbit for seven (7) months and that she became aware of the criminal convictions of driving while under the influence of alcohol and the indecent assault of a child under 13 years of age in December, 2006 and did not disclose this information to the father; and C. The said Douglas Nesbit is registered under the Megan's Law Website as a Sex Offender; and D. The father has great concern for the safety and welfare of his children; and E. Father has attempted to resolve this matter with mother in an amicable manner by requesting that the children not be exposed to the said Douglas Nesbit and that she take immediate steps to bar Douglas Nesbit from ever having any contact with the children; and F. Mother has recently admitted that she has begun to have telephone contact with Douglas Nesbit; and G. Father has learned that mother was involved in a car accident with the children and was never informed by the mother. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests the court to grant Custody of the children to Plaintiff. Anthony L. Luca, Esquire Attorney for Plaintiff 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. illiam Charles yers, Plaintiff '? ?' ! ?+ .. ? ?? -i --?? ?;, ?. .?`?: ?.?' WILLIAM CHARLES MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-1865 CIVIL ACTION LAW SUSAN ELAINE MYERS . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 14, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 11, 2007 __ at 9:00 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?????? ? ???? p ?'? ? G L ?? ? ? G ?. a ?y i. i ^ 7 F9 ? t ? t b ? ?? t±:J ? „,, ;; ?l -?? WILLIAM CHARLES MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 03-1865 CIVIL TERM SUSAN ELAINE MYERS, Defendant ACTION FOR CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the Piaintiff, William Charies Myers. - V-t 31, Anthony L. uca, Esquire 1 03 Front Street Boiling Springs, PA 17007 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, William Charles Myers, in the above captioned case. respectfully submitted. SAIDIS. FLOWER.&-LI IS C& LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay; E: Supreme Court ID 1 26 West High Stree Carlisle, PA 17013 717-243-6222 Dated: 1 .' I/Z/07 44693 a ? co OEC1! a1pJ? ?P WILLIAM CHARLES MYERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2003-1865 CIVIL ACTION LAW SUSAN ELAINE MYERS Defendant IN CUSTODY ORDER OF COURT AND NOW, this _I ?L_ A day of , 2007 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 1, 2003 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. The parties shall attend a minimum of four (4) co-parenting sessions unless recommended otherwise by the counselor. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall cooperate in selecting the counselor and contacting the counselor's office within ten (10) days of the date of the custody conciliation conference to schedule the initial sessions.. The parties acknowledge their commitment to working through the counseling process to establish a parenting arrangement which will promote their Children's emotional well-being. 3. In order to promote a cooperative parenting relationship and the safety of the Children, each party shall notify the other parent of any history of arrests or convictions of any friends, paramours, relatives or other individuals having regular contact with the Children. 4. On a trial basis and continuing until the follow-up conciliation conference scheduled in this Order, the Father's alternating weekend periods of custody shall be extended through Monday morning, when the Father shall take the Children to school. The Mother's related request for extended weekend custodial time during the summer school break is reserved and shall also be addressed at the time of the follow-up conciliation conference. 5. In an effort to avoid misunderstanding leading to conflict, the parties shall confirm scheduling agreements including dates and times by email. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. The parties and counsel shall attend a follow-up conciliation conference in the office of the conciliator, Dawn S. Sunday, on March 11, 2008 at 10:30 a.m. for the purpose of reviewing the custodial arrangements following the parties' completion of co-parenting counseling. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: arol J. Lindsay, Esquire - Counsel for Father .,Aanne Harrison Clough, Esquire - Counsel for Mother -11 ViWJ1' ASW3d ,u Nnoo o? iH39"";3 s o :1 Wd 11330 LOOZ MVIO iIOdd 3KI O '0"QMd M MM 17 2008 WILLIAM CHARLES MYERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2003-1865 CIVIL ACTION LAW SUSAN ELAINE MYERS Defendant IN CUSTODY ORDER OF COURT AND NOW, this c;? day of" ' 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 1, 2003 and December 12, 2007 are vacated and replaced with this Order. 2. The Father, William C. Myers, and the Mother, Susan E. Myers, shall have shared legal custody of Rachel Elizabeth Myers, born April 6, 1996, and William Joshua Myers, born August 9, 1998. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other parry. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. During the school year, the Mother shall have primary physical custody of the Children and the Father shall have partial custody on alternating weekends from Thursday after school through Monday after school and during one (1) weekday evening during alternating weeks, with the specific day of the week selected by agreement between the parties. M B. During the summer school break, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody on alternating weekends from Thursday after camp through Monday after camp and during one (1) weekday evening during alternating weeks, with the specific day of the week selected by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Alternating Holidays: The period of custody on the alternating holidays shall run from 5:00 p.m. on the evening before the holiday through 8:00 p.m. on the holiday. In even numbered years, the Father shall have custody of the Children for Easter, Independence Day and Thanksgiving and the Mother shall have custody of the Children for New Year's, Memorial Day and Labor Day. In odd-numbered years, the Mother shall have custody of the Children for Easter, Independence Day and Thanksgiving and the Father shall have custody for New Year's, Memorial Day and Labor Day. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children for Mother's Day and -the Father shall have custody for Father's Day, with the period of custody running from Saturday at 5:00 p.m. through Sunday at 8:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the summer vacation schedule. 5. Each party shall be entitled to have custody of the Children for two (2) nonconsecutive weeks during the summer school break each year upon providing at least thirty (30) days advance notice to the other parent. Unless otherwise agreed, the parties shall schedule vacation periods of custody under this provision to include that parent's regular weekend periods of custody. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. In the event either party is unavailable to provide care for the Children during his or her custodial time for a period of eight (8) hours or more, that parent shall contact the other parent to offer the opportunity to provide care for the Children during that parent's unavailability before contacting third party caregivers. 7. Unless the exchange of custody is taking place at school or camp, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. The parent who has custody of the Children immediately after school shall be responsible to ensure that the Children complete their homework and attend any regularly scheduled activities. 9. The parties shall keep each other informed of the progress of the Children's educational and social adjustments on an ongoing basis and shall notify each other of any activities or events concerning the Children. Neither party shall schedule activities or appointments during the other parent's custodial time except by agreement between the parties. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CO , Edward E. Guido J. cc: ,/carol J. Lindsay, Esquire- Counsel for Father ./banne Harrison Clough, Esquire - Counsel for Mother I :9 tN S% RW 0001 ??- , :,D o w WILLIAM CHARLES MYERS Plaintiff VS. SUSAN ELAINE MYERS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-1865 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachel Elizabeth Myers April 6, 1996 Mother William Joshua Myers August 9, 1998 Mother 2. A custody conciliation conference was held on March 11, 2008, with the following individuals in attendance: the Father, William Charles Myers, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Susan Elaine Myers, with her counsel, Joanne Harrison Clough, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ,1/4/ Ss Gt 5'e t,\ VIA\pe-KS Changes to Child Custody/ Support for William J. and Rachel E. Myers 1. Custody of William J. Myers (DOB 8/9/1998) will be 50/50 week on, week off with the week beginning on Sunday evening at 8:OOpm. As Rachel E. Myers (DOB 4/6/1996) is now 18 years of age, this agreement will apply to Rachel until June 7th, 2014 when she graduates from Camp Hill High School. 2. With the custody being week on week off, there will no longer be separate weeks of vacation. If weeks need to be switched to accommodate vacation weeks they should be traded so that neither parent will have more time. 3. The current holiday schedule should remain intact and supersedes vacations. 4. Any costs or expenses exceeding $50 will be discussed before purchase if made and when agreed on will be split 50/50 by both parents. Routine school/other expenses less than $50 should be paid by the parent whose custody fall on the week the payment is due. 5. All clothing and personal items will be taken back and forth to either household for William's use and neither parent shall interfere with the use of these items at either location. 6. Father will pay $20 a month towards William's cell phone bill. 7. When William begins to drive parents will discuss car insurance and will split the insurance costs. 8. Both parents will maintain medical and dental insurance. 9. This change shall begin on May 11, 2014 at 8:OOpm. 10. Each parent will maintain a debit card with money for school lunches. 11. Child support would be discontinued as each parent will have 50% of the overnights. I agree to all of the above and am voluntarily making these changes. I am requesting that these changes be made to both the child custody agreement as well as the child support administered by Cumberland Country Domestic Relation. Date , Susan E. Myers /49 COMMUNWEALCH Of PENNSYLVANIA) COUNTY OF CUMBERLAND ) SS: , William C. Myers Date SWORN BEFORE ME ON 1__0F4e.42, 201 y_ CZ* MONWE OF PENNSYLVANIA NOTARIAL SEAL JILL SMEICIFI, Notary Public Hampden Twp., Cumberland County t My Commission Expires February 12, 2017 WILLIAM CHARLES MYERS vs. MAR 17 SOB IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SUSAN ELAINE MYERS • Defendant 2003-1865 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 1/441 AND NOW, this day or ' _ — , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 1, 2003 and December 12, 2007 are vacated and replaced with this Order. 2. The Father, William C. Myers, and the Mother, Susan E. Myers, shall have shared legal custody of Rachel Elizabeth Myers, bom April 6, 1996, and William Joshua Myers, bom August 9, 1998. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. During the school year, the Mother shall have primary physical custody of the Children and the Father shall have partial custody on alternating weekends from Thursday after school through Monday after school and during one (1) weekday evening during altemating weeks, with the specific day of the week selected by agreement between the parties. 3 illa B. During the summer school break, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody on alternating weekends from Thursday after camp through Monday after camp and during one (1) weekday evening during alternating weeks, with the specific day of the week selected by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even -numbered years, the Mother shall have custody of the Children during Segment A and the Father shall custody during Segment B. In odd -numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Alternating Holidays: The period of custody on the alternating holidays shall run from 5:00 p.m. on the evening before the holiday through 8:00 p.m. on the holiday. In even numbered years, the Father shall have custody of the Children for Easter, Independence Day and Thanksgiving and the Mother shall have custody of the Children for New Year's, Memorial Day and Labor Day. In odd -numbered years, the Mother shall have custody of the Children for Easter, Independence Day and Thanksgiving and the Father shall have custody for New Year's, Memorial Day and Labor Day. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children for Mother's Day and. the Father shall have custody for Father's Day, with the period of custody running from Saturday at 5:00 p.m. through Sunday at 8:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the summer vacation schedule. 5. Each party shall be entitled to have custody of the Children for two (2) nonconsecutive weeks during the summer school break each year upon providing at Least thirty (30) days advance notice to the other parent. Unless otherwise agreed, the parties shall schedule vacation periods of custody under this provision to include that parent's regular weekend periods of custody. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. In the event either party is unavailable to provide care for the Children during his or her custodial time for a period of eight (8) hours or more, that parent shall contact the other parent to offer the opportunity to provide care for the Children during that parent's unavailability before contacting third party caregivers. 7. Unless the exchange of custody is taking place at school or camp, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. The parent who has custody of the Children immediately after school shall be responsible to ensure that the Children complete their homework and attend any regularly scheduled activities. 9. The parties shall keep each other informed of the progress of the Children's educational and social adjustments on an ongoing basis and shall notify each other of any activities or events concerning the Children. Neither party shall schedule activities or appointments during the other parent's custodial time except by agreement between the parties. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido cc: j aro1 J. Lindsay, Esquire— Counsel for Father J6anne H. 'son Clough, Esquire - Counsel for Mother