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HomeMy WebLinkAbout01-05449+ } }4i} 4 IN THE COURT OF COMMON PLEAS } + OF CUMBERLAND COUNTY + , + } } + STATE OF PENNA. >. + } + + , ~, -:: + } } + LYN MICI~LE PFUHL N O. O1-5449 + + ; + } + + + VERSUS + * + HERBERT PFUHL, III DECREE IN + + DIVORCE ~Q + + + + ~ ~Q"1 /~ } + AND NOW, 20L~3 IT IS ORDERED AND + + + + + + DECREED THAT Lyn Mi Chele Pfuhl PLAINTIFF, + AND Herbert Pfuhl, III ,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; + + + } The Property Settlement Agreement between Lyn Michele Pfuhl, plaintiff, and + Herbert Pfuhl, III, defendant, dated May 7, 2003, shall be incorporated but ; + not merged into this decree. + + + + + f~ BY O R + + + r + + + + + + AT ES . J. + + + + % / + + + + + + + + ~ PROTHONOTARY + } + + ,i-nek's~N:~S£M~m,! aea b,~aa_ia aas~see.:4war ska,mtsa..eu',k~...,..~;.+~,v~:~rs.:w. xv~e~.SieY~d ""-~""~ reyitlie~tiyyby .• ~ a. ~~ y ~~ ~~ ~v PROPERTY SETTLEMENT AGREEMENT i~ This agreement is made this ~ day of ~~ .9'1 , 2003, by and between Herbert Pfuhl, III, of 619 Robert Street, Mechanicsburg, Pennsylvania 17055, hereinafter for the purpose of brevity referred to as "Husband", and Lyn Michele Pluhl of 591 Geneva Drive, Apartment #I, Mechanicsburg, Pennsylvania 17055, hereinafter for the purpose of brevity referred to as "Wife", Witnesseth: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on January 27, 1979, and diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are living separate and apart; and WHEREAS. Husband/Wife has instituted an action for divorce in the Court of Common Pleas of Cumberland County; and WHEREAS, the parties hereto are the parents of 4 children; Jessica born May 19, 1982, Megan born March 9, 1984, Herbert born January 9, 1988 and Errick born September 1, 1991 and WHEREAS, it is the desire of the parties, after long acid careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property and estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing betweeri them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees aild costs. NOW THEREFORE, in consideration of the several mutual promises and/or covenants and/or agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby, promises, covenants and agrees as follows: First: Divorce The parties hereto fiu-ther agree that the marriage is irretrievably broken, and that they mutually consent to a divorce and agree to execute al] necessary affidavits required by the Court at the appropriate times. This agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this agreement is lawful and ,,~ enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband-and Wife to execute the agreement. Husband and Wife each knowingly and understandingly waive any and all possible claims that this agreement isa for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby wan-ant, covenant and agree that, in any possible event, he and she are and shall forever be estopped liorn asserting any illegality or unenforceability as to all or any part of this agreement. Second: Releases Except as provided for in this agreement, Husband and Wife each hereby forever releases, remises, discharges and quitclaims the other and the estate o€ the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity. Each of the parties specifically covenants and agrees and warrants and represents that the execution of this agreement and its terms and provisions are accepted by them as including, inter alia, frill and complete payment by the other for any and all past, present or future obligations for support, care, education, maintenance, and property rights of the other. Each further covenants, warrants, represents and agrees that no action will be instituted by them (or claim of any kind be made) for their support, or for any claim for property or rights other than as set forth in this agreement, directly or indirectly, against the other, in any court or any jurisdiction whatsoever. The parties hereto recognize, aclulowledge and agree that each of them hereafter shall not have and does not have any rights or claims for support, care and maintenance or for any rights or claims of property because the provisiohs herein in the nature of apost-nuptial agreement are fair and reasonable and the property distributions herein are fair and reasonable. Wife acknowledges that the property conveyed to her is a fair acid substanial portion of and division of Husband's assets acid Wife's rights to equitable distribution of property; Husband acknowledges that property allocated to him is fair and a substantial portion of and division of the assets of the parties and Husband's rights to equitable distribution of property. Third: Release of Testamentary Claims Except as provided for in this agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last wills under the present or firture laws of any jurisdiction whatsoever, and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testatnent. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husba<id or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the will acid the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administrah-ix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Fourth: Leal Advice The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. The Husband/Wife has employed and had the benefit of counsel of Timothy J. O'Connell, Esquire, as his/her attorney. The- Wife has elected to represent herself in this matter. Each party acknowledges that he or she filly understands the facts and fully understands his or her legal rights and obligations and each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of the agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The respective parties do hereby warrant, represent and declare and do aclaiowledge and agree that each is and bas been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and incorne of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this agreement is hereby specifically waived, and the parties do not wish to make or append hereto any fw-ther enumeration or statement. Each of the parties hereto further covenants and further agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosuue or that there was any absence or lack of full, proper or independent representation. Fifth: Separation and Non-Molestation Agreement It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint or interference, direct or indirect, by each other. Each party agrees that he or she will not molest or harass the other, or compel or endeavor to compel the other to cohabit or dwell with hint or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the pv-ties shall, in any way whatsoever, interfere with the others employment or occupation. The parties are free to mutually and voluntarily make any efforts at reconciliation as he or she or they shall deem proper. The foregoing provision, however, shall not be taken to be an admission on the part of either Husband or Wife of the lawfuhiess or iuilawfulness of the causes leading to their living apart, and shall not be taken to be an admission on the part of either Husband or Wife as to whether either party committed desertion and continues in such desertion, and nothing contained in this agreement is to be deemed to justify such continued desertion. It is specifically intended and miderstood and agreed by and between the parties hereto that each is to be enabled to live not only separate and apart from each other, but is also free to act as if he or she were unmarried so far as any other persons are concerned and each covenants and agrees not to harass or embanass the other or airy other person who either party may hereafter see socially. Each of the parties hereto coveuatlts and agrees that neither will deny or endeavor to abridge any right of support or maintenance which the other might have because of any,alleged conduct with regard to any third persons; provided, however, that the parties hereto recognize that it is intended that this agreement shall and does supersede airy and all rights or claims to support. Each of the parties hereto covenants and agrees that he and she will not charge the other with adultery 6 in any action of any nature whatsoever, directly or indirectly, or whether involving the parties or third persons. Sixth: Debts All debts, contracts, obligations or liabilities incurred at any time in the past or future by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this agreement; and each of the parties hereto fiuther promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate iudemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. Husband specifically agrees to be responsible for the following: Personal Loan -PSECU $9,893.84 Signature Loan -PSECU $3,242.88 Home Equity -PSECU $8,315.64 Lowe's $1,015.00 Citibank $9,300.00 Citibank $4,300.00 PNC $408.00 Discover $2,950.00 Dell $1,696.00 Wife specifically agrees to be responsible for the following: Lowe's Discover Capital One Seats First USA JC Penney Boscov's Citgo $1,311.00 $2,423.00 $995.00 $2,056.00 $6,096.00 $264.00 $2,304.00 $288.00 Seventh: Equitable Distribution Real Estate. Wife agrees to transfer all of her right, title and interest in the marital domicile located at 619 Robert Street, Mechanicsburg, Pennsylvania 17055 to Husband, said transfer shall be subject to the mortgage thereon in favor of Washington Mutual which Husband specifically agrees to assume. Husband agrees to indemnify and hold Wife harmless from any claim, debt or obligation arising from ownership of said property. In consideration of said transfer, Husband agrees to pay Wife the sum of $8,000 acceptance of which is hereby acknowledged by wife. Husband's Pension. (a) Husband agrees to assign to Wife one half of that portion of his SERS pension that was accumulated during the marriage. This amount is $8,528.89. The formula used to determine the marital portion will be the total pension nntltiplied by a fiaction, the numerator of which is 5.6136 and the denominator of which is the total number of years of State service. The patties agree to executed and file a Qualified Domestic Relations Order implementing this paragraph. (b) Any time prior to the time of his retirement, he may tender to wife the sum of $8,528.89 and thereby satisfy his obligation under this section. In the event he tenders said anlount to wife, wife agrees to sign a stipulated order rendering the Qualified Domestic Relations order filed pursuant to sub paragraph (a) null and void. Automobiles. Wife agrees to and does hereby sell, set over, transfer and assign all of her right, title and interest in the 2000 Ford Mustang and 1997 Ford Explorer to Husband, releasing and relinquishing all claims to said vehicles. Husband agrees to indemnify and hold Wife harmless from any loan, debt, claim or other obligation arising out of the ownership of said vehicle: Husband agrees to and does hereby sell, set over, transfer and assign all of his right, title and interest in the 2001 Ford Explorer to Wife, releasing and relinquishing all claims to said vehicle. Wife agrees to indemnify and hold Husband harmless from any loan debt, claim or other obligation arising out of the ownership of said vehicle. Personal Property. The parties agree to set over, transfer and assign all their right, title and interest in the property now in the possession of the other. Eiehth: Alimony, Support and Counsel Fees The parties agree to waive any right each may have against the other for alimony, spousal support and counsel fees. Ninth: CustodV~Support Physical and legal custody of the parties minor children, Herbert and Erricl<, shall be in Wife subject to reasonable visitation in Husband as the parties shall agree. Husband shall pay the sum of $900 per month ($450 bi-weekly) for the support of the parties two minor children, Herbert and Errick. Husband will maintain health insurance on the two children and pay 75% of any uncovered medical expenses. In the event of a,~y change of circumstances of either party, either party may file with Domestic Relations for a determination and order of support pursuant to the guidelines then in effect. Each party agrees to maintain the other as primary beneficiary of airy life insurance provided by their employer until both minor children attain 21 years of age. Tenth: Confirmatory Documents Husband and Wife covenant and agree that they will forthwith (and within at least fifteen days after demand therefor) 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. The parties will further deliver to each other whatever personal papers, documents or writings that each now possess which are the property of the other. Eleventh: Agreement to Continue in Event of Divorce This agreement shall remain in full force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the death of either party under the terms of this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this agreement shall nevertheless remain in full force and in effect and shall survive such decree and shall not in any way be affected thereby, except as provided herein. 10 Twelfth: Agreement Binding on Heirs The terms, provisions and conditions of this agreement shall be binding upon any and all of their heirs, executors, administrators, successors and assigns of either the respective parties hereto, except as otherwise herein provided. Thirteenth: Auplicable Law This agreement shall be constnied under the laws of the Commonwealth of Pennsylvania. Fourteenth: Prior Agreements It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this agreement are null and void and of no effect. Fifteenth: Void Clauses If any term, condition, clause or provision of this agreement shall be determined or declared to he void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this agreement and in all respects this agreement shall be valid and continue in fiill force, effect and operation. No provision of this agreement shall be interpreted for or against any party because that party or that party's representative drafted this agreement in whole or in part. Sixteenth:. Enforcement It is expressly understood and agreed by and between the parties hereto that this agreement may be specifically enforced by Husband or Wife in a court of equity, aird the parties hereto agree that if an action to enforce this agreement is brought in equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said court on the ground that there is an adequate remedy of law. The parties do not intend or purport hereby to improperly confer jurisdiction on a court in equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of law, and in recognition of the general jurisdiction of courts in equity over agreements such as this one. Notwithstanding anything to the contrary herein, Wife or Husband may also proceed with an action at law for redress of auy of his or her rights under the teens of this agreement. In the event that for any reason whatsoever either patty is obliged to proceed at law for redress of his or her rights under the teens of this agreement, then it is specifically understood and agreed that for and in specific consideration of the other provisions and convents of this agreement, each shall waive any right to jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. It is specifically understood and agreed by the parties that in the event of a default under the terms of this agreement, the non-defaulting party shall have the right to file a petition for contempt and request such relief and remedies as authorized by law of the court. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees, costs and legal expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall or shall be obliged to retain or 12 engage cotmsel to initiate or maintain or defend proceedings against the other at law or equity ot• both or in any way whatsoever; provided that the party who seeks to recover such attorney's fees, costs, and legal expenses and expenses must first be successful in whole or in part, before there would be auy liability for attorney fees. All remedies provided by law and all remedies provided for in this agreement for enforcement of this agreement shall be deemed #o be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of auy other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent fitrther pursuit of such remedy. This agreement shall not be deemed to merge into the decree of divorce. In witness whereof, and intending to be legally bound hereby, the parties hereto have het•eunto set their hands and seals the date and year first written above. Witness: r ~_~ ~' _~ '_ ~--~~. (seal) ~~~ ~ `'~ ~ ~--,( ~~2 (seal) 13 LYN MICHELE PFUHL, Plaintiff v. HERBERT PFUHL, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-5449 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301c of the Divorce Code. 2. Date and manner of service of the complaint: September 20, 2001--See Acceptance of Service filed herewith. 3. Date of execution of the affidavit of consent required by Section 3301c of the Divorce Code: by plaintiff: June 13, 2003 and filed herewith; by defendant: June 13, 2003 and filed herewith. 4. Related claims pending: none 5. Date of plaintiffs Waiver of Notice in Section 3301c Divorce: dated June 13, 2003 and filed herewith. Date of defendant's Waiver of Notice in Section 3301c Divorce: dated June 13, 2003 and filed herewith. Timothy J. O'Connell, Esquire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for defendant ~ i,~AMNti'&415i4.La ~.~....~..., ,.. ._..r1 ~r r= .~..~- :. -..r~~ i~.N' lam' IY~4*&~v,,.dzaaasgvebeue.c~`ehSf:.~34tr1a.4" - -.. _~ .., ~) f;'~ C.~i O fnif' .r. G' ~y _ f' _ __ t ~> ..%_ JA ~~~ /"Z'~ LYN MICHELE PFLTHL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-5449 CIVIL ACTION LAW V. HERBERT PFLJHL, III DEFENDANT IN CUSTODY OBI DER OF COURT AND NOW, Monday, September 24, 2001 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, October 22, 2001 at 1:00 p.m. for aPre-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/ Melissa P Greevv 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~N~'oikcx~ saa~ ~s.~_. . _~., z ._ r, ,,.-~. :~~,uivose: o-~al4i ',5~~+++sr u. ~arsTM rn~~~«e5Ntl - Wk ~;~w LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMI3ERLAND COUNTY/,}PEN/NSYLVANIA v. NO. Ql _ S~Y4~ L.IU~I, ~~-h~ HERBERT PFUHL, III, Defendant. CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, upon considerafion of the attached Complaint, it is hereby directed that the parties and their respective counsel appeaz before _ day of , 2001 at , in the. on the for the 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. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date: By: Custody Conciliator LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA HERBERT PFUHL, III, Defendant. CIVIL ACTION -Law in Divorce/Custody NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. Your are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Court Administrator 4s` Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA u. NO. ~I - .S~~il~9 ~w~~~f'~ HERBERT PFUHL, III, Defendant. CIVIL ACTION -Law in Divorce/Custody AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaz accion dentro de los proximos veinte (20) dial despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una compazecencia escrita y redicano en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomaz accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o caulquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas auiso adicional. Usted puede perder dinero o propiedad a otros derechos importances paza used. SED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Court Administrator 4`~ Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 LYN MICHELE PFUHL, Plaintiff, v. HERBERT PFUHL, III, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE~~N}}NSY((LVANIA NO. O I - s'c` ~/ (~ l_I v ~ 1. ~~ CIVIL ACTION- Law in Divorce/Custody COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE COUNTI 1. Plaintiff is Lyn Michele Pfuhl, who currently resides at 619 Roberts Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Herbert Pfiihl, III, who currently resides at 619 Roberts Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 27, 1979 in Johnstown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. ~~ Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301of the Divorce Code. COUNT II--EQUITABLE DISTRIBUTION 9. The Plaintiff incorporates by reference Paragraphs I through 8 of the Complaint for Divorce as fully set forth herein, 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. ~u WHEREFORE, Plaintiffrequests your Honorable Court to equitably divide all marital property. COUNT III--CUSTODY 12. The Plaintiff incorporates by reference Paragraphs 1 through 11 of the Complaint for Divorce as fully set forth herein. 13. There were three (3) children born during this marriage, to wit: Megan L. Pfuhl, born March 9, 1984, Herbert P. Pfuhl, born January 9, 1988, and Errick M. Pfuhl, born September 1, 1991. 14. The children have resided with the following persons and at the following address in the past five (5) years: Persons Address Dates Plaintiff and 619 Roberts Street 1998 to Defendant Mechanicsburg, PA 17055 Present Plaintiff and 612 York Street 1997 to Defendant Mechanicsburg, PA 17055 1998 Plaintiff and 1409 Scott Avenue 1980 to Defendant Johnstown, PA 15902 1997 15. The Court of Common Pleas of Cumberland County, Pennsylvania, Family Division, has the sole and exclusive jurisdiction in this matter, pursuant to the Uniform Child Custody Jurisdiction Act for the following reasons: a. Cumberland County, Pennsylvania, has been the children's home county for the six (6) months preceding the commencement of the instant proceedings. b. It is in the best interest and welfare of the children that the Court of Common Pleas of Cumberland County, Pennsylvania, assume jurisdiction because the children have a significant connecfion with this jurisdiction, and there is available in this jurisdiction substantial evidence concerning the children's present or future care, protection, training and personal relationships. c. No other state has jurisdiction in this matter under the requirements of the Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody Jurisdiction Act. 16. The Plainfiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor children in this or any other state. 17. The Plaintiff does not know of any other person other than the Defendant herein who claims to have custody or partial custody rights with the minor children. 18. The Plaintiff submits that it is in the best interests and welfare of the minor children that she be granted primary physical custody of Megan L. Pfuhl, Herbert P. Pfuhl, and Errick M. Pfuhl, subject to Defendant's periods of custody. :~ ,' WHEREFORE, Plaintiffprays that this Honorable Court grant custody of the minor children of the Parties to Plaintiff. COUNT IV-EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 19. The Plainfiff incorporates by reference Paragraphs 1 through 18 of the Complaint for Divorce as fully set forth herein. 20. Defendant's presence in the marital residence will be disruptive to the enfire family as a whole. WHEREFORE, Plaintiff prays that your Honorable Court grant an Order for exclusive possession of the marital residence to Plaintiff. COUNT IV-ALIMONY AND ALIMONY PENDENTE LITE 21. The Plaintiff incorporates by reference Paragraphs 1 through 20 of the Complaint for Divorce as fully set forth herein. 22. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. ~„ 23. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony in her favor. Respectfully submitted, ROBINSON & GERALDO Date: ~~3~ ~ By: G raid S. Robinson, Esquire Attorney I.D. #27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717)232-8525 Attorney for Plaintiff .~ ~~ VERIFICATION 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. Section 4904, relating to unsworn falsification to authorities. ".~ _.. l r/ ~~ Lyn Michele Pfuhl ,..,,.ma:.~evti:iw,xvw fexalexeaAe.u:.i..s:mauM~s+v ..;A.wns.~, s~ s:.. r>3.„:,semi'-~,¢nixiasmM:,."..~:5,~~..~'-'-:~bwa-w°:KSdmver ,. _.. ~~ N ~. V ~4 ~~~o ~~~c I I ) {/~ ~~ ~~ `Cx1~ Cj ~~ n ~~ ~ _~ ,a ~ ~, l C ~ ~ r a .~ ,0 7 _ ~~. LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.OI-5449 HERBERT PFUHL, III, :CIVIL ACTION -LAW Defendant 1N DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on Sept~nbor 18 , 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to`aut~horities. Date: r,~~3~U3 oS ~i9.--~YZ~~r~ i~ ~ ~-~ Lyn Michele Pfuhl Social Security No. ~G~-5a -5~? yl,,. ~: =tzF.as'to~7Chf5t4.~"k~mx~5i[f[f2~%eaumawaawa:s~-t.~. ,.,. e:. ,~.~ ., n .,.- .f.~. x .w.-rs~~5.5i~•r ~'~,~- .. wte, x.. -. .veE~.nu~4~' . . imJ (~ [_ ..,_~ 7 _ , _._ __ - ~ ..,.; '{ i Y, L - ~r . , .~ C.-' ~ W c-') ~ si - `L. ~~ ~ ~ . Gi ~~. LYN MICHELE PFUHL, Plaintiff vs. HERBERT PFUHL, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-5449 CIVIL ACTION -LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit aze 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. ~iz ~~?~ .+ D d , ~yE Cam" ~_~ Date: (9113) p3 Lyn Michele Pfuhl Social Security No. ~.~.v.' ..~ ~. s:. k4x...~M4ti'. ,_._ _ _ y-„ ..,. c<5b4~YN9~ ..,. ~: id~1E~~4rko'Am~Fa~ra~,s ends ~~i ' wv~r . P qJv W . ~._ ~t ~ . ~~ ~ i '~ ~ ° ~.j E - T~~ _ ~ ~ ~ - ~~ ~ =-_ G..~ ~ ~ _` ._ . ' S ~ ~ .. ~ l ~~ a l~ l ~~ -fin /y/~/ V S ~~. ., ..M ., ~, LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.Ol-5449 HERBERT PFUHL, III, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: lo/~.~~~ Herbert Pfuhl, I Social Security No. o,~ - 4Fs -~S.z~ LYN MICHELE PFUHL, Plaintiff vs. HERBERT PFUHL, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5449 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE L I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: (pl ~3~p3 Herbert Pfuhl, zoz- ~& - ~~,z..~ Social Security No. lJ G.~ ' F~ S `- ~ Gr _ ' ' i W G ~ t-`fit _ r ~' L e 1; 4' ~~v ti" LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO.OI-5449 HERBERT PFUHL, III, Defendant. CIVIL ACTION - IN CUSTODY PROOF OF SERVICE The undersigned makes the following return of s..: vice: Lhe Order of Court scheduling the Custody Conciliation Conference for October 22, 2001 at 1:00 PM was served upon Herbert Pfuhl, III, the Defendant, on October 11, 2001 at 619 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, Dated: ROBINSON & GERALDO By: Gerald S. Robinson; Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717)232-8525 Attorney for Plaintiff r - - w Complete items 1, 2, and 3. Also complete A. eceivetl by ase Print Clearty) B. Date of Delbfi item 4 if Restricted Delivery is desired. , ~ ~ ~ ~ -gyp p l A Print your name and address on the reverse - so that we can return the card to you. ~ ~ atu ~~ Attach this card to the back of the mailpiec X Agent . or on the front if space permits. ^ Addres delive . nt from item 1? ^ Yes 1. Article Addressed to: //~~ If YE s below: ^ No F7G'~43rijCT ~1"Uf~G~ 1T ~~. ~i9 /Zd~~r.~T,~cEr ~-G~c 9`~/G'~~~it/A~-$~U~~?~~~~iti-U-. 3. Serve ^ Certi ^ Registered ^ Return r Merchand ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (EMm Fee) ^ Yes 2. Article Number (Copy from service label) IBS Form 3$'1'1;July 1999 Domestic Return Receipt 102595-ss-M-t7es 0 ueAt1$~!-i4~'{i.&~~` i~Jtl16Yi'~`n~ G53EC~°0.'Nrt.~~i~'e3 P.&L T.. ~.,..~'..a :F Uh..S.vs£i:itiW ~ YBW` ••°,~u.a.uu - .. - w ~~ :~ f`= 4 1 2~d7 !7 m m , - z . ~ ` , -e --- ~ ~ ' -C] -~,-~ > ~ .r 1~: LYN MICHELE PFUHL, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.01-5449 HERBERT PFUHL, III, :CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint filed in the above captioned action. Date: 09/20/01 Herbert P , I I X0,2 --4F3 -44S,Zjo Social Security No. c ~., - -~~, ~~ r= _. _ ~~;: W, ; ~ _ ' ,= - .- ".J ~ ~- _~ m =~' =~` _~ ~~ C, ~~ L COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYN MICHELE PFUHL Plaintiff NO. 01-5449 HERBERT PFUHL, III IN DIVORCE Defendant ORDER AND NOW, this ~! ~ day of ~~ L , 2003, the attached Stipulation and Agreement dated 2a o3 of the parties in this case is incorporated, but not merged, into this Order of Court. ATTEST: ~,~9 0~ ~4•~ 9 iU b ovo ~. ~ ~d . `~ ~~~ ~ 7 ~~ ~ ~~.~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LYN MICHELE PFUHL Plaintiff NO. 01-5449 HERBERT PFUHL, III IN DIVORCE Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 7s' day of May, 2003, the parties, Lyn Michele Pfuhl, Plaintiff, and Herbert Pfuhl, III, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Herbert Pfuhl, III, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERB") 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 PA C.S. §§ 5101-5956 ("Retirement Code"). 3. Member's date of birth is January 21, 1957, and his Social Security number is 202-48-4526. 4. The Plaintiff, Lyn Michele Pfuhl, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is October 29, 1957, and her Social Security number is 164-52-5796. 5. Member's last known mailing address is: 619 Robert Street Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 591 Geneva Drive Apartment #1 Mechanicsburg, PA 17055 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The alternate payee's share (equitable distribution portion) of the marital property component of the member's retirement benefit is $8,528.89. Alternate Payee is not to be paid interest on the equitable distribution portion. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit-does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiazies Form field with the Retirement Board prior to Member's death. a. If the last Nomination of Beneficiaries Form field by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's shaze of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries From field with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. b. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a fonn acceptable to SERS, which will authorize SERS to release to Altemate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the .~~, authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be property nominated under this pazagraph. 10. The Member and Alternate Payee expressly agree that at the time that the Member files a retirement application with SERS, the Member shall select: Option 4. A lump sum distribution in an amount greater than or equal to the total value of Alternate Payee°s portion (as set forth in paragraph 7 of this Stipulation) of the total accumulated deductions standing to the credit of the Member, as set forth in 71 Pa. C.S. Section 5705(a)(4)(iii), or any succeeding statute. The Alternate Payee shall be paid her equitable distribution portion out of the Option 41umn sum distribution. Member may select any monthly annuity option offered by SERS under the Retirement Code provided that Alternate Payee is paid her equitable distribution portion out of the Option 41ump sum distribution. No portion of the monthly annuity is to be paid to the Alternate Payee. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternates Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs Seven through Nine. 13. In no event shall Alternate Payee have greater benefits or rights other than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits aze paid to Member based upon cost of living or increases based on other than actuazial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Plaintiff/Alternate Payee Q Defendan e r Att or D ant/Member C7 r c- _-.. , . z;= ~,~. ~'; ; ~- ; _< ~, ~ - ~' r _.€ ~:: K X- ~'- - - l D < ~s~ LYN MICHELE PFUHL IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5449 CIVIL ACTION LAW HERBERT PFUHL, III, Defendant, IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY ~. AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor children, Megan Lyn Pfiihl born March 9, 1984, Herbert Paul Pfiihl born January 9, 1988 and Errick Martin Pfuhl born September 1, 1991. All decisions affecting the 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 the 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 the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees 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 the children. 3. While in the presence of the children, neither parent 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 1 duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 5. 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. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedules, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with 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/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent 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. Mother's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events for Megan Pfuhl; Father's name shall be listed with the school as the alternative parent to be contacted for Herbert Pfuhl and Errick Pfuhl. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events for Herbert and Errick, and Father to provide copies of report cards and notifications to Mother for Megan. 2 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Brian Uniacke, MD will continue to be the children's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that the children's legal names are Megan Lyn Pfuhl, Herbert Paul Pfuhl and Errick Martin Pfuhl and that they shall be known by these names for all purposes. The parties agree that they will instruct their respective families and friends that the children should not be referred to by any other name. II. PHYSICAL CUSTODY Father shall have primary physical custody of Megan Pfuhl. Mother shall have primary physical custody of Herbert Pfuhl and Errick Pfuhl. Unless otherwise indicated, all visits will be with all three (3) children simultaneously, to maximize the time the children get to be together. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Father and Mother will alternate weekends with all three (3) children simultaneously from the adjournment of school on Friday until Sunday at 6:00 p.m. 2. During the week following their non-custodial weekend, each parent shall have an optional mid-week dinner visit with all three (3) children on Tuesday or Wednesday evening from 5:00 p.m. unti18:00 p.m. 3. Thanksgiving vacation shall be divided as follows: Mother and Father will alternate Thanksgiving Day each year with all three children; Mother shall have all three children on the Friday and Saturday following Thanksgiving Day each year; Father shall have 3 all three children on the Sunday and Monday following Thanksgiving Day unti18:00 p.m. each year. 4. Mother and Father shall alternate the period from Christmas Eve until Christmas Day at 5:00 p.m. each year with Mother having Christmas Eve in 2002; the remainder of the Christmas vacation shall be divided equally between the parties with the party having custody of the children at 5:00 p.m. on Christmas Day having the first portion of the vacation period. 5. The Easter holiday from the adjournment of school on the Thursday preceding Good Friday until Easter Sunday at 6:00 p.m. with Mother in even years and with Father in odd years. 6. Father's Day weekend from the adjournment of school on Friday unti16:00 p.m. Sunday with Father every year. 7. Mother's Day weekend from the adjournment of school on Friday unti16:00 p.m. Sunday with Mother every year. 8. The parties shall alternate the following holidays: Memorial Day, July 4 and Labor Day beginning with Mother having custody of the children on Memorial Day in 2002. 9. With respect to President's Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shall have physical custody on the holiday Monday unti16:00 p.m. 10. Each parent, on at least fourteen (14) days' advance notice to the other, shall have seven (7) consecutive days of vacation (three weeks total per calendar year) with all three (3) children simultaneously, which shall not conflict with the holiday schedule. 11. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. 12. Transportation shall be shared equally. 4 III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. Herbert Pfuhl yn Michele Pfuhl .-°-~-- imothy J. O'Connell, Esquire Attorney for Plaintiff BY THE COURT: L/~ ~~ Date: ~ vns. ~ vi Ly'a J .~' ~~ 5 5. ) C_ ~ .... ~~ i'~ .= R:'.. `. ~l. _r ti. ~7 f~ '' -i~ ~ =~, 1- r ' ~' (_ t:~ s c iTi .~ --k -: t i7 =~ ~~p `~ SEC 0 i5 2001 ~D LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5449 HERBERT PFUHL, III, CIVIL ACTION -LAW Defendant CUSTODY ORDER TO RELINQUISH JURISDICTION The Custody Conciliator, having been notified that the parties were continuing to reside in the martial home as of October 19, 2001, and having received no subsequent request for an additional Custody Conciliation Conference, hereby relinquishes jurisdiction of the above- captioned matter. FOR THE COURT, ~ ~/~~ Melissa eel Greevy, Esquire Custody Conciliator -E~' ~~ LYN MICIIBLE PFUHL, Plaintiff vs. HERBERT PFUHL, III, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5449 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME State of Pennsylvania County of Dauphin Lyn Michele Pfuhl, being duly sworn according to law, deposes and says that she is the plaintiff in the above suit in which a fmal decree from the bonds of matrimony was entered and she elects to resume her prior name of Lyn Michele Fitzpatrick, and therefore, gives this written notice avowing said intention, in accordance with the provisions of the Act of Apri12, 1980, P.L. 63, No. 26, Section 702 (23 P.S. 702). ~.. Lyn Michele Pfuhl To be known as Lyn Michele Fitzpatrick Sworn and subscribed to Before me this~_ day Of , 2003. otary Public My Commission Expires: NOTARIAL SEAL STACEY A. A=OGLE, Notary Publk Susquehanna Twp., Dauphin County My Commlasion Expires Jan. 2, 2005 ~ ~ ~~8 w ~Q ` '~-- ~, ~ , ~ ~ ~._ _ , -~~~ ~ -- z`-~' - ..r . -C , r' _:, t, G- -C Ca '~ LYN MICHELLE PFUHL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5449 CIVIL ACTION LAW HERBERT PFUHL, III DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September Ol, 2005 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at MDJ Maulove's,1901 State St., Camp Hill, PA 17011 on Friday, October 14, 2005 at 9:00 AM for aPre-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/ Melissa P. Gree Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :; .,:~,.w~ i~,, i.. ,~~ ~ ". Uf~4 ,,,; . ~, it. :i al',i. ~~' -, ~iECEIVED AUG 3 0 2009 LYN MICHELE PFUHL, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5449 HERBERT PFUHL, III, :CIVIL ACTION -LAW Defendant/Petitioner :CUSTODY ORDER OF COURT AND NOW, this day of 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer on 2005, at o'clock _.M. for aPre-Hearing Custody Conference. At such at 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. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent order. Date: By the Court: Custody Conference Officer YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Carlisle, PA 17013 717!240-6200 LYN MICHELE PFUHL, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5449 HERBERT PFUHL, III, :CIVIL ACTION -LAW Defendant/Petitioner :CUSTODY COMPLAINT FOR CUSTODY 1. Petitioner is Herbert Pfuhl, III, residing at 619 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Lyn Michele (Pfuhl) Fitzpatrick, residing at 1101 Lindham Court, Apartment 503, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Petitioner seeks custody of Herbert Paul Pfuhl, born January 9, 1988, and Errick Martin Pfuhl, born September 1, 1991. 4. The children were not born out of wedlock. The children are presently in the custody of Herbert Pfuhl, III, who has had custody of the children since July 12, 2005. 5. For the past five years, the children have resided with the following persons at the following addresses: Custodian Herbert Pfuhl, III Lyn Michele Pfuhl Lyn Michele Pfuhl Address 619 Robert Road Mechanicsburg, PA 1101 Lindham Court, Apt. 503 Mechanicsburg, PA Dates birth to September 25, 2001 September 25, 2001 to July 12, 2005 Herbert Pfuhl, III 619 Robert Road July 12, 2005 to Mechanicsburg, PA present 6. The mother of the children is Lyn Michele (Pfuhl) Fitzpatrick who currently resides at 1101 Lindham Court, Apartment 503, Mechanicsburg, Pennsylvania. She is single. 7. The father of the children is Herbert Pfuhl, III, currently residing at 619 Robert Street, Mechanicsburg, Pennsylvania. He is divorced from respondent. 8. The petitioner currently resides with eldest daughter, Jessica A. Pfuhl, and girlfriend, Glenda M. Grosser. 9. The respondent currently resides alone. 10. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. The petitioner has no information of a custody proceeding concerning the children pending in a court in this Commonwealth or in any other court. t~i I • . 12. Petitioner 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. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because the children wish to reside with petitioner. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, petitioner requests this Court to award him primary physical custody of Herbert Paul Pfuhl and Errick Martin Pfuhl. c 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 VeriScation 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.A. Section 4904 relating to unsworn falsification to authorities. ~~~=- Date: $tZIP~(JS Herbert P II ~ 4p"s'~~r~~mat k.,a-a;v~~xier~a~aee.,~.....~+r~ K~s~, m ..~.._,. ,: ,:,. :::o--x«a Ali ~;::ffiS~id#~3r5[~+~YSaL~~,~aaeas.d ..~ a: ( u~.,.,, ... ~~ ~~ `\ ~\ ~) _ v C) i::_ rv' r [ l,% ~'[_. ..~ .{ 0 ~~ L~- C~ ~\~ ~~ W ~7 ~j Q T ~~ T -z7U ~`~~ ~~~Z ~y~ i~ ~f~m .. ~, , ~, R.ECEI~1'ED flf.T 2 u LUUS ;y~ LYN MICHELLE PFUHL, IN THE COURT O COMMON PLEAS F CUMBERLAND C IA Plaintiff v. NO. 01-5449 CIVIL TERM CIVIL ACTION -LAW HERBERT PFUHL, III, Defendant IN CUSTODY OLER, J. --- ORDER OF COURT AND NOW, this ~b~a day of October, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custodv. The Father, Herbert Pfuhl, III, and the Mother, Lyn Michelle Pfuhl, shall have shared legal custody of the minor children, Herbert Paul Pfuhl, born January 9, 1988, and Errick Martin Pfuhl, born September 1, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv: Father shall have primary custody of the children subject to Mother's rights of partial physical custody which shall be arranged as follows: A. October 16, 2005 from 11:00 a.m. to 3:00 p.m. B. Effective October 29, 2005, on alternating weekends from Saturday morning no later than 11:00 a.m. until Sunday evening at 7:00 p.m. C. The parties will flex the schedule with compensatory time for Mother in order to allow the boys to participate in hunting with Father as they have traditionally done. ,y , ~-a _~ r- ~ ~- i r, ~ `_-~=_ : :1 _: _: `i~i~ ~ -_ ~ -- t om- =,:_°i u, ~, ~: > ~=5 r~u .. NO. 01-5449 CIVIL TERM 3. Holidays. The following holiday schedule supersedes the regular schedule: A. Mother's Dav /Father's Dav. Mother shall have custody for Mother's Day weekend from the adjournment of school on Friday until 6:00 p.m. Sunday. Father shall have custody for Father's Day weekend from Friday after work until 6:00 p.m. Sunday. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th until December 25th at 5:00 p.m. Segment B shall be from December 25th at 5:00 p.m. until half way through the children's winter school recess. The parent having custody for Segment A shall have the remaining days of the children's winter school recess. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. Iri even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Thanksgiving. The parties will alternate the Thanksgiving holiday with Father having custody in odd-numbered years and Mother having custody in even-numbered years. D. The parties will share the remaining holidays by their mutual agreement. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 5. Relocation. The parties have negotiated the custody and partial custody portions of this Order based on the existing circumstances, and in particular, based on their present residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than 50 miles from his or her present residence, that party shall give the other parent at least 90 days written notice in advance of the proposed move, in order to give the parties an opportunity to confer, prior to relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the . ., -.. IVO. 01-5449 CIVIL TERM Court of Common Pleas of Cumberland County, Pennsylvania shall have jurisdiction to effect an appropriate Custody /Partial Custody Order. BY THE COURT: J. Wesl~ler; Dist: yL n Michelle Fitzpatrick, 1101 Lindham Court, Apt. 503, Mechanicsburg, PA 17055 ~mothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 - a ' ~\ 1 OCT 2 U 2005 LYN MICHELLE PFUHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5449 CIVIL TERM v. CIVIL ACTION -LAW HERBERT PFUHL, III, Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Herbert Paul Pfuhl January 9, 1988 Father Errick Martin Pfuhl September 1, 1991 Father 2. Father filed a Complaint for Custody on August 29, 2005. For purposes of this Conciliation Conference of October 14, 2005, Father's Complaint will be treated as a Petition for Modification of the parties' stipulated Order dated June 18, 2003. Present for the conference were: the Mother, Lyn Michelle Pfuhl, who participated pro se; the Father, Herbert Pfuhl, III, and his counsel, Timothy J. O'Connell, Esquire. This Conference was the parties' first Conciliation Conference as their prior Order was a result of a Stipulation entered without hearing. 3. The parties reached an agreement in the form of an Order as attached. ~D~IB~IJS/ ~e Date Melissa Peel Greevy, Esquire Custody Conciliator :261129