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HomeMy WebLinkAbout99-02355 (2) ;:~,::., .]i,'::' :~%"}~,\: ;2,'\,'::''':-- ~s,.." 'i'" ~;;. ~, . , ;. ~ , -....: ",,'" t rt'!- ~~~L., 777:" ',j .._~,;\::. " i; .~ :ii' ~;'- ~ .4- ."" -~ . "....... ',':'0. t{,),~~ ~!tJ ,.; " ''''l ::~. ..~ "' .,1 : C3'" ..;~.O- ;,~~~, 7' _ .".~ .:,,::;,' ,;:;~ ' ~~1:r . <..... -=-:- .;.> -lO:.' .:.;.' <eo .:c. <c. -=-:-. ,:00;, ... ':<<0 ':<<0 <.... .:.;. .:+:. ,.... -!r.- -!r.- .:00;' ,.. <c--:~:-:w.:-=-:-:.<C"'~' .;c.' __;.;t;<~ '" -- -'-.. ~ ~ -. ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ OF CUMBERLAND COUNTY ~ * ~ ~ STATE OF '-:h . PENNA. ~ ~ ~ ~ ~ ~ ~ ,', ~< ~ ;,; M f. ~ " ~ ;,; ~ ~ ~~ ~ ? ,'. ~ .', * ;,; ~ ~; *- ~~ ;0 ~ ~ .>. ~ " ~~ ~ .:. ~ ,'. * ~ ~.~ ~ ~.~ a ~.~ ~ ~~ ~ ~ ~ ;;; ~ ~ >.l ~ ~ ,...::-, :-:+:-. :-:.:. . .:+;..:+;. ,c.; ~ ,', ~ ~ ;0: ,'. ~ ~ ERIN G. ROBBINS, ....... ........... ~~- No....?9.::.............. ................~ .', * t >~ ~ ~.~ Plaintiff , " V crSlIS ~.~ ~ ~ ~.' ~y~~ ROBB:INS' . . . - . . i Defendant ;,; S ,-i ~ ~.i DECREE IN DIVORCE AND NOW, ... 4.t,.\(~f:-:I1........, 19?r~.., it is ordered and decreed that,...,........ ..~.~, .13<?J?I:lP:ll?................,.., plaintiff, and...."... ..,.,..... ~!, ~:. ~?!3!3.~~....."..,...,.... ...., 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; \\b~ , , .. .. :r?1~. ~.i.~.l. .~.t.t.l.~t. .A~~t; .i.~ ,~1'!~~r:,,:t;~,. .~1.!1; ,1'!Q1; .~~,... , into the Decree. ,. ................ .......................... ... lly The C ......L~...... Attest: a Prothonotary ~ .; ~ '"' v ~ ~ ~ ;,; ~ ,'. ., ~ ,', ~ ~.~ ~ :;~ " ~ ~.~ ,.. ~ ~ " ~ "~ ~ '.' ~ '.~ *- '.~ J, * ~ v ~ '.' ~ '.' --~------.~~,..",,-~~-~------~-) ~ .:+;. .:+;. .:+;. .:~:. .:+;. .-:.;. .:+;. -:.::. .:+;. -:.;." -6'// f.l) &cf. ('~ /Hp:ar '72 4 &tt.~ go/"?/);' /p1fi '')H~' ~ .ad. A<<1.eJ .' . '7'~ . . .C:\C.rcIlOtllct7\WPDOCSIDOMES'llCIR_IRobbina..,rc.mc...drallJ,7lO99:Mlltb 8,1999 '.1' 1: i " , ,1 .f MARITAL SETILEMENT AGREEMENT This Agreement, dated the 1- ,) day of O\\~ 1",,1: , 1999, by and :~ \", between Kerry R. Robbins (hereinafter referred to as "husband"), residing at 1225 Willow Mill .., '~ Road, Mechanicsburg, Pennsylvania and Erin Robbins (hereinafter referred to as "wife"), , '. q , residing at 1225 Willow Mill Road, Mechanicsburg, Pennsylvania, 17055. 1 ; a. Husband and wife were married in Enola, Pennsylvania, on October 16, 1981. BACKGROUND: The background of this Agreement is as follows: b. There are three (3) children born or adopted to this marriage, Kelly, Kerry and Seth who are all minor children. c. Various disputes and unhappy circumstances have arisen between husband and wife and as a result they intend to live separate and apart from each other, PURPOSE OF AGREEMENT: The purpose of this Agreement is to record the desire of parties and to amicably adjust, compromise and settle the following issues: a. All of the rights of the parties in and to property owned by them; b. All of the rights of either party in and to property now owned by the other or hereafter acquired by the other; c. All of the rights of either party in and to the estate of the other; d. All of claims of the wife against husband for maintenance, support, C:ICore"0fIIcc7\WPOOCSlDOMESTJelRobblnslRobblnJ",recmcN,draftJ.7J099:M.n:h 8. 1999 it is being entered into freely and voluntarily after having received such advice and/or with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties acknowledge that each has been fully informed of the wealth, property, estate, and income of the other. ALIMONY: The husband and wife irrevocably agree that the husband shall pay no alimony or support or maintenance of any kind whatsoever to wife. The wife has various sources of income including her beauty salon business, her crafts business, her rubber stamp business. In addition the wife has assistance from her mother who lives in the wife's residence. In addition the wife expects to have another party residing with her who will assist with living expenses. In addition, the wife engaged in an adulterous affair prior to separation. Furthermore, the wife has an adequate earning capacity if she were to return to standard beauty salon employment. The husband and wife agree that the wife shall pay no alimony or support or maintenance of any kind whatsoever to husband unless wife ever seeks and receives child support. The parties acknowledge that based on the above referenced statements, the husband would have been entitled to receive alimony or spousal support from wife. Since the parties have agreed to an amicable custody and child support arrangement, the husband agrees to relinquish his right to alimony or spousal support. However, if wife ever seeks and is awarded child support from husband for any of the parties' children, then husband shall be automatically entitled to spousal support from wife 3 C:ICorallOmce7lWPOocSlOOMESTlClRobblnslRobblns...rcemelll.draftJ.7lO99:M.rch 8. 1999 . . equal to the sum or sums awarded as child support from husband to wife. CHILD SUPPORT: The parties agree that the wife has various sources of income as identified more fully hereinabove or has a substantial earning capacity in the beauty salon business. At this time, the parties intend to share physical custody of the parties' minor children as follows: Husband will have primary physical custody of their daughter Kelly and Wife will have primary physical custody of Kerry and Seth, in accordance with a mutual custody agreement consented to the parties at a custody conciliation conference with Attorney Dawn Sunday and made part of a Court Order dated 1une 10,1999. Furthermore, due to the sharing of custody contemplated by the parties' agreement, it is agreed that neither party is or will be due any child support from the other parent. Therefore, both parties waive any and all child support from the other party. Notwithstanding anything to the contrary hereinabove, however, if the parties' daughter Kelly, would go to live with her mother while under the age of 18 years, the wife may request child support from the husband. MEDICAL AND HOSPITAL COVERAGE: Husband agrees to maintain medical and hospital insurance coverage, including major medical coverage for the parties' children upon a sharing of costs between husband and wife. Husband agrees to maintain medical and hospital insurance coverage, including major medical coverage for the wife until the Court enters a decree in divorce upon a sharing of costs between husband and wife. As long as wife is a covered beneficiary of such medical and hospital 4 C:ICon:IIOfllcc7lWPDOCSlDOMESTIClRobbl..IRobbl....In:.mc...d"ro.73099iM.n:b 8. 1999 insurance coverage provided through Husband's employment, wife shall pay to husband on a monthly basis 60% of the husband's out of pocket expenses to pay for such insurance coverage. When wife can no longer be covered as a spouse for said medical and hospital insurance coverage, then wife shall pay to husband on a monthly basis 50 % of the out of husband's out of pocket expenses to pay for such insurance coverages for so long as either Kerry or Seth are covered beneficiaries of such insurance coverages. Husband is in agreement that he will pay to Wife her reimbursement for doctor or medical bills for the minor children which he receives or may receive from the parties' medical insurance carrier so long as it is understood that Husband is pennitted to deduct any shared expenses to which Husband is entitled. For example, if Husband receives a check for $ 100 from their medical insurance provider which dollars Wife advanced on behalf of either Seth or Kerry Jr. or both, Husband will immediately pay these dollars to Wife upon receipt of payment from husband's medical insurance carrier- subject to any deduction for Husband's share for Husband's portion of any advanced but unreimbursed medical expenses. Husband and Wife agree to be responsible equally for any and all unreimbursed medical expenses for the parties' three children. Husband must be involved in any medical decisions. unless they are emergency in nature. Such medical expenses for parties' children must be detennined to be medically necessary before Husband shall be responsible for payment of husband's share ofunreimbursable medical expenses shall be required.. And Husband shall have the right to obtain a second opinion if he believes a medical procedure is not medically necessary. Husband is in agreement with paying half of the currently unpaid medical bills for the children as follows: the Doctor bill for Seth of $800.00; the Doctor bill for Kelly of $403.00; and the Doctor bill for Kelly of $90.00. Husband is only in agreement with sharing these bills which total 5 c:ICo"nOfllc;,7IWPOOCSlDOMES11C11lobbInaIRobblns,a.rumcnt.dlllU,7lO'19:Man:b.. 1999 the sum of $1,293.00. Husband will agree to be responsible for Kelly 's bills and to pay to Erin the sum of $153.50 toward Husband's unpaid balance of the equal share. Such payment can be paid by Husband at the parties' closing. PARTIES' PENSIONS RETIREMENT PLANS AND ANNUITIES: The parties agree the wife shall not be entitled to any interest in or share or distribution or deduction from pension plan or retirement plan or annuity. including but not limited to husband's 401 (K) retirement plan, which may be owned by husband. The parties agree the husband shall not be entitled to any interest in or share or distribution or deduction from any pension plan or retirement plan or annuity which may be owned by the wife. The parties are fully aware of the values of each other's pensions or retirement plans or annuities and agree to fully relinquish any interest either party may have, marital or otherwise, in the other spouse's pension or retirement plan or annuity. Further, the parties will cooperate and take whatever steps may be required of any pension plan or retirement plan or annuity plan administrator to cause the other spouse's interest to be removed from the other spouse's plan or annuity, including executing any separate agreement or other documents which may be required by a plan administrator. ATIORNEYS' FEES: Each party shall be responsible for his or her own attorneys fees in this matter. EQUITABLE DISTRIBUTION: A. Transfer of Real Property / Payment of Equitable Distribution; 6 C:ICllfOII0m..7IWPDOCSlOOMBS11C1llol>b1na\Robbino..,lftm"..drallJ,7J099:M.r<h 8. 1999 Wife shall pay 10 Husband the sum of THIRTY THOUSAND and 00/100 ($30.000.00) Dollars within sixty (60) days of the execution of this Agreement as payment of equitable distribution and wife shall cause to have husband removed as an obligor from the panies' mongage loan within sixty (60) days of the execution of this Agreement. Husband agrees to transfer his interest in the panics' marital residence to wife in its" AS IS" condition and agrees to cooperate with wife's refinancing of mongage to remove husband's interest in said marital residence and on said mongage. Wife agrees to execute a promissory note and a mongage for said sum of $ 30,000.00 to husband at the same time as the execution of this Agreement or upon subsequent demand by Husband. Said note and mongage shall be satisfied upon wife's payment to husband of said $ 30,000.00 as provided hereinabove. Said promissory note and mongage shall be prepared by husband's attorney. Possession of the panies' marital residence shall be delivered from Husband to Wife upon receipt of payment of dollars by Husband which are payable to Husband under the terms of this Marital Settlement Agreement. Wife shall cause her attorney or settlement agent to give Husband's attorney five days notice of a real estate closing for this transfer Wife shall cause payment of sums due to Husband to be paid to Husband within three business days following closing. The parties agree that such real estate closing shall not occur until August 10th or later. B. Indemnification of Husband for parties' mortgage debt; Wife agrees to indemnify and hold husband harmless with respect to the parties' mortgage debt until wife refinances said debt and removes husband from same. 7 . C:ICoraIIOfllc.7IWPDOCSIOOMBS11C1Robb1l11lRobbinl...ra.mc...drallJ.7J099:Mmh 8. 1999 C. Transfer to Wife of business interests, inventory, equipment and goodwill; The parties acknowledge that the wife is or has been engaged in various business enterprises out of the parties' marital residence including a beauty salon, a crafts business, and a rubber stamp business. The husband hereby transfers his interest in wife's businesses, their inventory, their equipment, their receivables and their goodwill to wife. D. 1998 Tax Refund; The parties acknowledge that the husband used approximately $ 1,500 from the parties' 1998 federal tax refund of which husband paid approximately $ 1,100 toward marital expenses including taxes and medical expenses and $ approximately $ 400 toward purchase of new tires for husband's van; the parties acknowledge that the wife spent the balance of said parties' 1998 federal tax refund toward other expenses. The parties agree to this split of the 1998 federal tax refund in consideration of the terms of this overall marital settlement agreement. E. All other Equitable Distribution; As far as all other equitable distribution, the parties shall retain the personal property on each of the attached schedules without any interest of other spouse in such property. Said schedules are incorporated herein as if set forth in full. No other dollars or property or interests shall be owing or paid or transferred to either party from the other except as provided 8 C:ICorellOm..7IWPDOCSIOOMESTIClRobbllll\Robbino.....omc...drellJ.7J099:M,r<h 8. 1999 herein. F. Seth Robbins' lawsuit; The parties agree that if the lawsuit on behalf of Seth Robbins is resolved in favor of the parties and their son, Seth Robbins, there shall be appointed a legal guardian for the estate of Seth Robbins, which legal guardian shall be a bank satisfactory to both parties or chosen by the Court of Common Pleas of Cumberland County. No payment from any fund or funds established for Seth shall be paid or payable without the consent of both parties. Husband hereby relinquishes any right or interest husband may have in said lawsuit or to any funds from said lawsuit and hereby assigns any and all interest husband may have in said lawsuit to Wife. Wife agrees to indemnify and hold Husband harmless from any and all costs and 1 or attorney's fees which may be incurred, assessed or imposed against the parties hereto by reason of the lawsuit on behalf of Seth Robbins. PARTIES' AUTOMOBILES: The husband shall be entitled to ownership and possession of his GMc van and husband's utility trailer. The wife shall be entitled to ownership and possession of her Subacu station wagon automobile. The parties shall cooperate in order to effectuate a transfer of titles to each other for each party's respectivc automobile. DISCHARGE OF EACH SPOUSE'S ESTATE: Except as may be otherwise provided for in this Agreement, husband and wife each hereby 9 C:ICllfOl\OfIIc.7IWPOOCSlOOMBS11C1llol>b1naI_...lftmc...dnllJ.7J099:M.r<h 8. 1999 forever releases, remises, discharges, and quitclaims the other and the estate of the other, for all lime to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever releases, remises, discharges, and quitclaims the other and the estate of each other, for all time to come and for all purposes whatsoever, of and from any and all rights, titles, interests, or claims in or against the other or in or to the real, personal, andlor mixed property of the other and all rights of courtesy (husband's common law right to wife's property) or dower (wife's common law right to husband's property), or claims in the nature of courtesy or dower, or of widow's or widower's rights and all rights, titles, interest and claims which he or she now has or ever may have in and/or to the other's estate, whether now owned or hereafter acquired, at his or her death, and all rights, titles, interests, and claims to take against the other's estate andlor under the Intestate Law, or of family exemption or similar allowance or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, or any state, commonwealth, or (b) territory of the United States, or (c) any other country, and each and every additional rights, title, interest, and claim or right to any accounting he or she has or ever may have in the other or as the husband's wife or widow or as wife's husband or widower, including any and all claims, demands, liabilities, and obligations, whether arising out of the marital relationship by reason of the ownership or joint ownership of any real or personal property, or by reason of any other matter or thing whatsoever, as well as each and every additional right, title, interest, and claim he or she has or ever may have against the other, his or her heirs, executors, administrators, and assigns, excepting only the obligations, rights, and claims imposed or inuring to the benefit of either of the parties by reason of the terms of this Agreement. Each of the parties hereto further covenants and agrees for himself and herself 10 C:IC"'1IOfIIce7lWPDOCSIOOMBS11~_".II...mc...drellJ.7J099:M'r<h 8. 1999 and his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any ofthc rights relinquished under this paragraph. MARITAL DEBTS OR OBLIGATIONS: The parties agree that Wife will reimburse Husband for half ofthe payments Husband pays with respect to the parties's marital loan from Husband's employer Exel Logistics. Said payment is $ 222.86 per month until the balance of approximately $ 5,600 is repaid in full. Wife shall reimburse husband monthly for half of said total unpaid sum, $ 2800.00, less the sum of $ 600, which sum of $ 600 represents a fair reimbursement to wife of sums expended or to 00 expended on shared living expenses and real estate taxes, for a net sum of $ 2,200 payable from wife to husband at parties' closing. The parties agree that from the date of this Agreement neither party shall incur any debt or obligation that obligates the other spouse. The parties agree that wife shall be responsible for all credit card debt through the date of execution of this Agreement. Further, the parties represent to each other that there are no other joint or marital debts except as shown on the attached Schedule "C. to this Agreement, which is attached hereto and incorporated herein by reference as if set forth in full. CONSENT DIVORCE: The parties have now resolved their differences and are in agreement to file for a No Fault Consent Divorce. The parties agree that they shall cooperate with each other in obtaining a No Fault Consent Divorce as provided by the laws of Pennsylvania and that in so doing, either party may file for a divorce at any time and both parties shall fully cooperate with each other and that 11 C:IC"'I\OfIIc.7IWPDOCSIOOMBS11~IRoIlbIna",...mc...drallJ. 7J099:M.,.h 8. 1999 both parties agree to execute and file the necessary consents and other forms to obtain a Pennsylvania No Fault Consent Divorce. LAST WILLS: Except as may be otherwise specifically 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 future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Each of the parties further convents 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, mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had husband and wife died during the lifetime of the other and that neither husband or wife will claim against or contest the Will of 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 Administratrix of the other parties estate. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns that he or she will never at anytime hereafter sue the other party or his or her heirs, executors, administrators and assigns for the purpose of enforcing any of the rights relinquished under this paragraph. 12 C:IC...IIOIIIc.7IWPOOCSlOOMBS11C1l101lbWIRobbIno,...........drellJ, 7J099:MI"h 8. 1999 INCORPORATION OF AGREEMENT INTO DIVORCE DECREE: Ills further understood and agreed by the parties that this Marital Settlement Agrccment shall be incorporated into any Divorce Decrcc and not merged therein. SEVERABILITY: If any term, condition, clause or provision of the 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 mcct her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations or the parties. 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 performance of any other obligations herein. 13 C:ICorenom..7IWPDOCSIOOMI!STIC\RobbinIIRobbIns..,raomc...drellJ.7J099:M.,.h 8. 1999 NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the husband at clo Ken Robbins, 5145 -I, East Trindle Road, Mechanicsburg, PA 17055, with a copy to Richard C. Rupp, Esquire. b. To the wife at 1225 Willow Mill Road, Mechanicsburg, PA 17055, with a copy to Lindsay Baird, Esquire WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope and intent of this Agreement or its terms nor in any way affect this Agreement. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 14 .C:IConl\Ofllcl7lWPOOCSlooMI!S'I1C\RcllllinaIRol>bllll......me...dllllJ.7lO99:M',.h 8.1999 SCHEDULE B .~, 'f PROPERTY TO BE RETAINED BY HUSBAND ,', ~" lir I' ~.., ';"'~.,.: . ,..;- rl ., , ( Captions arc simply current references to location of Various personal property items ) KELLY'S ROOM: Bunk Bed Dresser with 4 Drawers Dresser with 2 Doors TV Telephone and Caller I.D. Stereo All 4 Lights and Lava Lamp All Stuffed Animals in her room All CD's All Clothes, Shoes and Jackets that are Kelly's Desk Cradle (that Dad made) Mirror (that Dad made) Wooden Foot Stool (that Dad made) All Cheerleading Things Cork Board on the Wall Little Wooden Heart Stand All Posters Boardwalk Picture Doll Picture All Jewelry Alarm Clock All Blankets, Sheets and Pillows in Kelly's Room Everything that has to do with Jeremy All Pictures and Picture Frames in Kelly's Room Big Glass Bottle that has Wands in it Miniature Shelf with all Little Things on it Little 9 Hole House Shelf that is on the Wall Both Blue Shelves (that Dad made) All Dolls All Barbies All Ty Beanie Babies Doll House All Little Things in Kelly's Room *Erin cannot take any of Kelly's Things .'~ .~, '. c: ~: ~:' 21 C:ICoreIIOfllc.7IWPDOCSlooMESTJc\RobbinllRobbInt..,raemc...drellJ,7J099:M,,.h 8. 1999 ; SHED AND OUTSIDE - CONTINUED All Hand Tools, Power Tools - Saws and Drills Air Compressor Dollie chainsaw 2 Motorcycle Helmets Kits and Toys From Before Marriage and Match Box Cars Floor Jack Trailer Hitch Sled From Before Marriage Kelly's Doll House Kelly's Dolls Half of Family Pictures 100 Foot Black Extension Cord Large Dog Run Picnic Table Kelly's Bike Wheel Barrel Van Trailer DOWNSTAIRS BATHROOM: Oak Wash Stand Old Medicine Cabinet - Oak WASHROOM: Large Glass Barile Jar With Handle and Metal Lid BEAUTY SHOP: Sony Stereo Word Processor GARAGE: Nothing 23 C:ICoraII0fllc.7IWPOOCSlooMBS11c\RobbinIIRobblIll..,ra.mc...drellJ,7J\l99:M.,.h 8. 1999 SCHEDULE C MARITAL DEBT 1. Wife shall be responsible for the parties' mortgage on the marital Residence. 2. Wife shall be responsible for the parties' real estate taxes applicable to The marital residence. 3. Both parties shall be responsible for the Exel Logistics loan and wife shall reimburse husband for one-half of the monthly payments of principal and interest until the said loan is repaid as provided in the foregoing marital settlement agreement. 4. Wife shall be responsible for all credit card debt through date of execution of this Agreement. 26 ~ \Q ~ .:3 I-" " sf ~~ - x: l+=r a.. Cl~ ~b 1,:. U) 3(1) U l.!~ tc ~~) Cl Ifj~ ~: ~ lO oo:z: 3 ~ 0\ en (,) . . . " i ERIN G. ROBBINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 99- oZlS:J CIVIL TERM IN DIVORCE KERRY R. ROBBINS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that If you fail to do so, lhe case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any olher 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may requesl marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland Counly Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 7 In accordance with Scction 3301 (c) of the Divorce Code, the marriage bClwcen the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right 10 request that the Court requirc the panies to participate in counscling. WHEREFORE, the Plaintiff requcsts your Honorable Court to decree that the Plaintiff be divorced from the Defendant. COUNT 11- EQUITABLE DISTRIBUTION 9 Paragraphs I through 8 of the Complaint arc incorporated herein by reference as though set forth in full. 10 Plaintiff and Defendant have acquired property, both rcal and personal during their marriage from October 16, 1982 until present. II Plaintiff and Defendant have been unablc to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. /7J~~ &w-A 'Lindsay D. Baird, Esquire Attorncy for the Plaintiff 37 S. Hanovcr Street Carlisle, P A 17013 717 - 243-5732 ~ >. 0' r; IT, c: ~ j:; .. '''')" ." UJ~'! - , .! ':~ <;,.. :-c ~ \. w...., Cl. ,. . '. " 2it, .. a 'i.-, l" "~. ,. 1.1.;1__ N ,:'~ ,~5 O:~: Cr: o. i.:::.", f~': .u; "'j tJ_ '" 0 (/) U ':;-J ~ '-,L'>-... ~ ~ ~ C'6 "-d v, ~ \ '0 Cl V 0 tI.1 ~ 0 l1 Vi V, ~ (-j ~ !\oj" '- ~ ~ ~o-. ~t'-- ~l " , ~ N ~ w- I-' .. si wQ u~ :z: lE- n.. ~~ ~_. Co \0 0: 0_ ~~ o:H.1 t<> :::> ~: cs: ::;: 1:5 en :::> en U F \: 'i} , , ERIN G. ROBBINS, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 1 'l- NO. 99. ~ CIVIL TERM v. KERRY R. ROBlllNS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 20, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on April 21, 1999 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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 :::::m ":::";;iOO '0 '"fhOdd.~ 4 !~ >- tn ~ ~ ~ .. g~ - 8~ x:: a.. 91 'ra \,0 OEF :5 W'_ ff!w. Cl ffi ::> ~ c:c f5 en 0'\ , . ERIN G. ROBBINS, Plaintiff v. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA .),1)"")- NO. 99. ~ CIVIL TERM KERRY R. ROBBINS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 20, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on April 21, 1999 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: ~J".{I- /(./tfi9 1;.LrleJ,f? >- If) ~ ~ .;z .. gj. ~o I:I:~ x: I c.. Cl~ "I- g2\O ~~ '-:1"'-. - ~~ fLUI ~ (.!) .:r ::l 1-. ex: ~ u.. en 0 '" U fi: I/) ~ ~ ..:J .. a~ ~~ - cc13 ;c ~~: a.. 2;;! 2 \D :S~ 0:: :;!w (.!) ~iE f.CiE. ::> CI: ~ 15 C'l C'l U ': . . - >- \0 ~ ~ ..:1 Q .. 8~ ~.,. f ftit ::;;; ~[: \0 ~~ ~i tELl: c.!l i!: ::J ...: 15 en a cn ) >. \ ( . .. \ . . . COUNTERCLAIM AND NOW, the Defendant through his attorneys, Rupp and Meikle, and Richard C. Rupp alleges the following Counterclaim against Plaintiff. 12. The Plaintiff is not a member of the Armed Services of the United States or its Allies. COUNT - I 13. Defendant avers that as additional grounds on which his claims for divorce are based are that Plaintiff committed acts of indignities against the Defendant during the parties' marriage. WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce dissolving the marriage between Plaintiff and Defendant and such further relief as the Court may determine equitable and just. COUNT II 14. Paragraphs 12 and 13 of Defendant's Counterclaim are incorporated herein by reference as if set forth in full. 15. The Defendant avers that as additional grounds on which this action for divorce is based is that the Plaintiff committed acts of adultery during the parties' marriage. WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce 2 dissolving the marriage between Plaintiff and Defendant and such further relief as the Court may determine equitable and just. COUNT III 16. Paragraphs 12 through 15 of Defendant's Counterclaim are incorporated herein by reference as if set forth in full. 17. The Defendant avers that as additional grounds on which this action for divorce is based is that the marriage is irretrievably broken and the parities will have lived separate and apart for longer than two years as of April 18, 2001. WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce dissolving the marriage between Plaintiff and Defendant and such further relief as the Court may determine equitable and just. COUNT IV - EOUlT ABLE DISTRffiUTION 18. Paragraphs 12 through 18 of Defendant's Counterclaim are incorporated herein by reference as if set forth in full. 19. The Defendant and Plaintiff have acquired property both real and personal during their marriage until their date of separation, which property is marital property. 20. The Defendant and Plaintiff have or may have owned prior to their marriage property both real and personal, which property has increased in value during the marriage andlor 3 which has been exchanged for other propeny which has increased in value during the marriage, or which has been converted unto marital property all of which property is marital property. 21. The Defendant and Plaintiff have been unable to agree as to an equitable division of the parties' marital property prior to the date of the filing of this Counterclaim. WHEREFORE, the Defendant requests your Honorable Court to enter a Decree in Divorce dissolving the marriage between the parties and enter a judgment providing equitable division of the marital assets and enter an award of alimony pendente lite and permanent alimony, and such other relief as the Court deems just and equitable. COUNT V . ALIMONY 22. Paragraphs 12 through 21 of Defendant's Counterclaim are incorporated herein by reference as if set forth in full. 23. The Defendant is living with his three children and is supporting his three children. The Defendant lack sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 24. The Defendant requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 25. The Plaintiff has the earning capacity of $35,000.00 gross per year or more. 26. The Plaintiff is believed to be receiving income on a monthly basis from her mother who resides in the parties' marital residence. 27. The Plaintiff caused the parties' divorce by and through her adulterous acts both 4 ~ "- ~ >- C") ~ ~ ~ ..::l . ~ I-' N ".:1..:r \ UJ~~ C)~c; '0 ~~:5 ::c r-, ;;~ ~ rt- _~. a.. _e- (\I) '"I- ..."'~ ~c:i :":J~;= ~ ~ ~ ~E C) ..- ~ ~/) <'l ::Jz u.;t;: 0:: :.r.:z 1;.IW ~ (l.. fJJCl.. I i= ct u.. CJ"l .:; ~ 0 '" U F ;~ t ; 4. The relationship of plaintiff to the children Is that of mother. The ptalntifrs household includes: HBml: Relationship Erin G. Robbins Mother Kerry R. Robbins Father Kelly M. Robbins Daughter Kerry E. Robbins Son Seth F. Robbins Son Dorothy Fitzgerald Maternal Grandmother i: ~ " f' ~ 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: ~ Address Basis of Claim NONE S. The relationship of defendant to the children is that of father. The defendant's household is the same as above. 6. Plaintiff has not particlpated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; b) Plaintiff is willing to accept custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. Wherefore, plaintiff requests the court to grant custod >- 01 (; (I'; c: j::, .. n - LJ).. <,); , u.:: f~:-j J (.~ . .J,.' :=J ;',~'~ 6~::' ('oJ ~:l r.: 1.'~riJ LL ~ Co. ~-:' f '1- .J. ,-. o..t ::J LI_ e., 0 en (~ MAY 4 199t,) ERIN G. ROBBINS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-2355 CIVIL TERM v. KERRY R. ROBBINS, Defendant IN CUSTODY ORDER OF COURT AND NOW, C:;, l \ 1'1<\ , 1999, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before \-\\(\--n-t \ L. ~' ~<.,(}, ,theconciliator,at , \ (i . PI:>. on the \\ day ,~-c . ,1999, at L\ ',C):) p.m., for a Pre- earing 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. POR THE COURT, BY:~OO.J,-RM\ao% . Custody Conciliator \ ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 PORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 cc: ,. ", "0 ()~ I'~'.f 1" .;. .1' Fl.,; :l .', .. . "rl'" C'II.-. .'. . .J ,'11,1 \J'~I~i~i:<::'I:L\''':- r " [ r 5-~,~f' M. ~~~/~4 ~ S-o.f'.9' ~ ~,/ ';j; 4 K3~ .f. /,;J 'y/ ~ /2 ~t'e/':'" /-'I. ~ #. >- ..:I' ?i ~ ..., ~q N :s~ O.~~ - ()~: fE9. Q: .;_,=:1 g@ "--"0,- <=> ~'l~ w..... ,') n!l-:I a: .":::2: ...:.J:.w -'- "- mu.. ~ oe:; ..., ~~ "- '" :::.> 0 '" u ERIN G. ROBBINS, : IN THE CXlURT OF CXXolMOO PLEAS OF Plllintiff . CUMBERLAND <XXlNTY, PENNSYLVANIA . . . vs. : NO. 99-2355 CIVIL TERM CIVIL ACTION - LAW KERRY R. ROBBINS, : Defendant IN CUSTODY aIDER OF CXXlRT AND tDI, this \ ~) day of ) V IJL consideration of the attached CUstody Concililltion Report, directed as follows: , 1999, upon it is ordered and 1. The Mother, Erin G. Robbins, and the Father, Kerry R. Robbins, shall have shared legal custody of Kelly M. Robbins, born october 26, 1983, Kerry E. Robbins, born July 23, 1986, and Seth F. Robbins, born Decentler 14, 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. 2. The parties shall have custody of the Children in accordance with the following schedule: A. Kerry E. Robbins and Seth F. Robbins shall reside primarily with the Mother and Kelly M. Robbins shall reside primarily with the Father. B. During the school year, the parties shall alternate having custody of all three Children on weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. C. During the school year, the non-custodial parent shall have the option to have two weekday evening periods of custody with the Child or Children from after school until before bedtime. The specific days and times for these periods of custody shall be arranged by agreement of the parties. D. During the sUlllller school break, the parties shall alternate having custody of all three Children on a biweekly basis, with the exchange of custody to take place every two weeks on Sunday evening unless otherwise agreed upon by the parties. The non-custodial parent shall have the option of having custody of the Children during the interim weekend when the other party has custody and at additional times as arranged by agreement of the parties. In the event the non-custodial party misses a weekend period of custody because the custodial parent has taken the Children on vacation, the non-custodial parent shall be entitled to have a make-up period of weekend custody during the next two week cycle. The alternating biweekly schedule shall begin on the first Sunday after termination of the school year end 8I1ell end on the Sunday following the last full week before school reSlllles at the end of the sunmer. In 2000 and thereafter, the biweekly schedule shall begin with the parent having custody who also has custody of the Children under the regular weekend schedule for the first weekend after school ends. In 1999, the biWeekly Sllll1ller schedule shall begin with the Mother having custody of the Children during the first two weeks after the Father moves out of the marital residence. 3. The parties shall share or alternate having custody of the Children over holidays as follows: A. c::HiUsDIAs: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. until Chl:"istmas Day at 1:00 p.m., and Segment 8, which shall run fl:"Oln Christmas Day at 1:00 p.m. until Oecerroer 26 at 7:00 p.m. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd Olllooered years. B. THANKsGIVING: The Mother shall have custody of the Children on Thanksgiving Day in odd nUl!tlered years and on the Friday following Thanksgiving in even numbered years. The Father shall have custody of the Children on Thanksgiving Day in even OllllDered years and on the Friday following Thanksgiving in odd numbered years. C. ALTIlRNATING HOLIDAYs: The Father shall have custody of the Children in odd numbered years on Ne-.. Years Day, Memorial Day and Labor Day. The Father shall have custody of the Children in even numbered years on Eastel:" Sunday and July 4th (obsetved). The Mother shall have custody of the Children in odd numbered years on Easter Sunday and July 4th (obsetved). The Mother shall have custody of the Children in even numbered years on New Years Day, Memorial Day and Labor Day. D. FNmJlR'S DAY/MarBER's DAY: The Father shall have custody of the Children every year on Father's Day and the Mother shall have custody of the Children every year on Mother's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The non-custodial party shall have liberal telephone contact with the Children at reasonable times. 5. The Mothel:" shall not require the parties' daughter, Kelly, to have contact with the Mother's boyfriend during the Mother's periods of custody pending finalization of the parties' divorce. 6. Unless otherwise agreed by the parties, the party receiving ~~~ ~I., ~ ... :::: ~8 ~~.s-~ i~5~ .... JJ ;.g.:l~- .... ~ ~i .... 1Il = . "';1; JJ lIl-C i!~~ c . - c . ~ 'a ~ "... gJ ~~ ~>< lOt <Ii 1.::E] mOll 1SO: ~~ = .. - tl m2l '" = E ~.~ lXl =..a~ ;~ ~ @ iiiSl~~ . ~ ::E . 0:: ~ 2 Cl 1S I ffi . . , JUN 9 1999,,) .' \..l ; -- '- - Sunday evening unlcss othcrwise agrccd upon by thc parties. Thc non-custodial parcnt shall have the option of having custody of thc Child during thc intcrim wcckcnd whcn thc othcr party weekend custody during thc next two week cycle, Thc altcrnating biwcekly schcdule shall begin , ! : ".1, },::: ". r< t~: I.', f. F r;/ has custody and at additional timcs as arrangcd by agrccmcnt of the partics. In thc cvcnt thc non-custodial party misses a wcekend period of custody bccause the custodial parent has taken the child on vacation, the non-custodial parent shall bc cntitlcd to have a make-up period of ,., ., ..., on the first Sunday after termination of the school ycar and shall cnd on the Sunday following >'J '~r \;- the last full week before school resumes at the cnd of summer. In 2006 and thereafter, the biweekly schedule shall begin with the parent having custody who also has custody of the Child ~;: -,~ .J., , , under the regular weekend schedule for the first wcckend after school ends. , ~ ';.! 3. The parties shall share or alternate having custody of the Child over holidays as , r,; follows: l A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. until Christmas Day at 1:00 p.m" and Segment . . ~ B, which shall run from Christmas Day at I :00 p.m. until December 26 at 7:00 p.m. The Mother "< ! shall have custody ofthc Child during Scgmcnt A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years and during Segment B in odd numbered years, B. THANKSGIVING: The Mother shall have custody of the Child on Thanksgiving Day in odd numbered years and on the Friday following Thanksgiving in even numhercd ycars. The Fathcr shall havc custodyofthc Child on Thanksgiving Day in cven C. ALTF.RNATJNG HOJ.lDA YS: Thc Father shall have custody of the ;J~ ~:;; ~ .!' '" numbcred years ,lOci on the Friday following Thanksgiving in odd numhcred years, Sunday and July 4th (obscrved). The Mothcr shall have custody ofthc Child in even numbered Ii)' ~~ ".' >].' ;t ~ ;~ '.t~. ~ l I i $ Child in odd numhcred ycars on Ncw Y cars Day. Memorial Day and Lahor Day. Thc Fathcr shall have custody of tbc Child in evcn numbcrcd ycars on Eastcr Sunday and July 4th (ohservcd). Thc Mothcr shall havc custody ofthc Child in odd numbcred years on Easter ycars on Ncw Ycars Day, Memorial Day and Labor Day. D. FATHER'S DA Y/MOTHER'S DAY: The Father shall have custody of the Child cvery year on Father's Day and thc Mother shall have custody ofthc Child every year on Mother's Day. E. Thc holiday custody schcdulc shall supcrscdc and takc prccedcnce over the rcgular custody schcdulc. 4. The non-custodial party shall have libcral telcphone contact with the Child at reasonablc timcs. 5. Unless othcrwisc agreed by thc partics, thc party rcceiving custody of the Child shall bc rcsponsiblc to providc transportation for thc exchangc of custody. 6. If either party intcnds to rcmovc thc Child from lhc Commonwcalth of Pennsylvania for and ovcrnight pcriod or longer, that party shall notify thc other party in advancc and providc a telephone numher where lhc Child can bc reachcd. 7. Both parties shall cooperatc and ensurc that the Child allcnd his regularly scheduled activitics during his or her periods of custody. ;>.. <") ~ '" !i '"" <i:i we: :~~ 0<- ~ F{:!;,1 .,.~ OQ; go - )'.-::..1 ff ~. '" '.') a:iE {;J , oJ,:; ii(:J C:::i !!.)o.: t5 v, . :& ::i '" U f./? rilL DEe 2 0 2005 rJ^ ERIN G. ROBBINS, N/KlA ERIN G. KECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 2355 CIVIL TERM KERRY R. ROBBINS, Defendant CIVIL ACTION-LAW IN CUSTODY STIPULATION AND AGREEMENT +h THIS AGREEMENT AND STIPULATION entercd into this .lQ.. day of Deccmber, 2005, by and between Kerry R. Robbins (hereinaftcr referred to "Father") and Erin G. Robbins (hereinafter referred to as "Mother"); WHEREAS, Erin G. Robbins is the natural mothcr of the child Seth F. Robbins, born December 14, 1991, (hcreinafter referred to as "child"); and, WHEREAS, Kerry R. Robbins is the father of the child; and, WHEREAS, the parents are separated and living in separate residence; and, WHEREAS, the partics bclieve it to bc in the bcst interest of the child that the Father shall have physical custody ofthe child; and, WHEREAS, the parties wish to enter into an Agreement relative to the custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promiscs and agreements as hereinafter set forth, thc parties agrcc as follows: 1. The parties shall have sharcd legal custody of Seth F. Robbins, born Deccmber 14, 199 I. Each parent shall havc an equal right, to bc exerciscd jointly with thc other parent, to make all major non-emergency dccisions affecting the child's general well-bcing including, but not limited to, all dccisions regarding their health, education and rcligion. 2. Thc partics shall havc custody oflhc Child in accordancc with thc following schedule: A. Scth F. Robbins shall rcside primarily with thc Father. B. During thc school year, thc partics shall altcrnatc having custody ofthc Child on weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. C. During thc school year, the non-custodial parent shall havc the oplion to have two weekday cvcning periods of custody with the Child from after school until before bedtime. The specific days and timcs for thesc pcriods of custody shall bc arranged by agreement of the parties. D. During the summer school break, the parties shall alternate having custody of the Child on a biweekly basis, with the exchange of custody to take place every two weeks on Sunday evening unless otherwise agreed upon by the parties. The non-custodial parent shall have the option of having custody of the Child during the interim weekend when the other party has custody and at additional times as arranged by agreement of the parties. In the event the non-custodial party misses a weekend period of custody because the custodial parent has taken the child on vacation, the non-custodial parent shall be entitled to have a make-up period of weekend custody during the next two weck cycle. The alternating biweekly schedule shall begin on the first Sunday after termination of the school year and shall end on the Sunday following the last full week before school resumes at the end of summer. In 2006 and thereafter, the biweekly schedule shall begin with the parent having custody who also has custody of the Child under the regular weekend schedule for the first weekend after school ends. 3. The parties shall share or alternate having custody of the Child over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. until Christmas Dayat I :00 p.m., and Segment B, which shall run from Christmas Day at I :00 p.m. until Deccmbcr 26 at 7:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have cllstody ofthe Child during Segment A in even numbered years and during Segment B in odd numbered years and during Segment B in odd numbered years. B. THANKSGIVING: The Mother shall have custody of the Child on Thanksgiving Day in odd numbered ye~Is and on the Friday following Thanksgiving in even numbered years. The Father shall have custody of the Child on Thanksgiving Day in even numbered years and on the Friday following Thanksgiving in odd numbered years. C. ALTERNATING HOLIDAYS: The Father shall have custody ofthe Child in odd numbered years on New Years Day, Memorial Day and Labor Day. The Father shall have custody ofthe Child in even numbered years on Easter Sunday and July 4th (observed). The Mother shall have custody of the Child in odd numbered years on Easter Sunday and July 4th (observed). The Mother shall have custody of the Child in even numbered years on New Years Day, Memorial Day and Labor Day. D. FATHER'S DA Y/MOTHER'S DAY: The Father shall have custody of the Child every year on Father's Day and the Mother shall have custody of the Child every year on Mother's Day. IV" 9/ ,0' ,- (.-. ~..) \~~. ~- J I.: -"- , , , ..: , , O' ,", 'f) G:: ;..;~ fClq U :. I r:.: C;'; 1I. .n 0 c', ~.:;. ,~ '_J rio, 90; - ;13S-S c;.;J/ ferfl'\ Ro~b'i(\S rY/KJA kr::a< vs. RO'Ui'1-S 0.11 jJ II /\ ~ S f r; (; r +0 / J - j b - 0 <) o.rt /to! 5 [tLl1/1l {"'of ERIN G. ROBBINS, N/K/A ERIN G. KECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 2355 CNIL TERM KERRY R. ROBBINS, Defendant CIVIL ACTION-LAW IN CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into this 13fhday of December, 2005, by and between Kerry R. Robbins (hereinafter referred to "Father") and Erin G. Robbins (hereinafter referred to as "Mother"); WHEREAS, Erin G. Robbins is the natural mother of the child Seth F. Robbins, born December 14, 1991, (hereinafter referred to as "child"); and, WHEREAS, Kerry R. Robbins is the father of the child; and, WHEREAS, the parents are separated and living in separate residence; and, WHEREAS, the parties believe it to be in the best interest of the child that the Father shall have physical custody of the child; and, WHEREAS, the parties wish to enter into an Agreement relative to the custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have shared legal custody of Seth F. Robbins, born December 14, 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 child's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall have custody of the Child in accordance with the following schedule: A. Seth F. Robbins shall reside primarily with the Father. B. During the school year, the parties shall alternate having custody of the Child on weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. C. During the school year, the non-custodial parent shall have the option to have two weekday evening periods of custody with the Child from after school until before bedtime. The specific days and times for these periods of custody shall be arranged by agreement of the parties. D. During the summer school break, the parties shall alternate having custody of the Child on a biweekly basis, with the exchange of custody to take place every two weeks on Sunday evening unless otherwise agreed upon by the parties. The non-custodial parent shall have the option of having custody of the Child during the interim weekend when the other party has custody and at additional times as arranged by agreement of the parties. In the event the non-custodial party misses a weekend period of custody because the custodial parent has taken the child on vacation, the non-custodial parent shall be entitled to have a make-up period of weekend custody during the next two week cycle. The alternating biweekly schedule shall begin on the first Sunday after termination of the school year and shall end on the Sunday following the last full week before school resumes at the end of summer. In 2006 and thereafter, the biweekly schedule shall begin with the parent having custody who also has custody of the Child under the regular weekend schedule for the first weekend after school ends. 3. The parties shall share or alternate having custody of the Child over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. until Christmas Day at I :00 p.m., and Segment B, which shall run from Christmas Day at I :00 p.m. until December 26 at 7:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years and during Segment B in odd numbered years. B. THANKSGIVING: The Mother shall have custody of the Child on Thanksgiving Day in odd numbered years and on the Friday following Thanksgiving in even numbered years. The Father shall have custody of the Child on Thanksgiving Day in even numbered years and on the Friday following Thanksgiving in odd numbered years. C. ALTERNATING HOLIDAYS: The Father shall have custody of the Child in odd numbered years on New Years Day, Memorial Day and Labor Day. The Father shall have custody of the Child in even numbered years on Easter Sunday and July 4th (observed). The Mother shall have custody of the Child in odd numbered years on Easter Sunday and July 4th (observed). The Mother shall have custody ofthe Child in even numbered years on New Years Day, Memorial Day and Labor Day. D. FATHER'S DAY/MOTHER'S DAY: The Father shall have custody of the Child every year on Father's Day and the Mother shall have custody of the Child every year on Mother's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The non-custodial party shall have liberal telephone contact with the Child at reasonable times. 5. Unless otherwise agreed by the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. If either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer, that party shall notifY the other party in advance and provide a telephone number where the Child can be reached. 7. Both parties shall cooperate and ensure that the Child attend his regularly scheduled activities during his or her periods of custody. 8. The Father shall have the option to remove the child from enrollment in the Cumberland Valley School District. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent or hamper the free and natural development of the Child's love and respect for the other parent. WITNESS: }Iwj 1J,.d1/ l Date: -~ '. \ " V ,J:i.~\._ C\. 'i\o-t,~u~ ~ l \ Date: OJ / ~J () ~ . . dab.dir/domestic/robbins/custody.stip -- ~ DEe 2 0 Z005 f~l;f\ I . ERIN G. ROBBINS, N/K/A ERIN G. KECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 2355 CNIL TERM KERRY R. ROBBINS, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this/);uday of December, 2005, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: I. The parties shall have shared legal custody of Seth F. Robbins, born December 14, 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 child's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall have custody of the Child in accordance with the following schedule: A. Seth F. Robbins shall reside primarily with the Father. B. During the school year, the parties shall alternate having custody of the Child on weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. C. During the school year, the non-custodial parent shall have the option to have two weekday evening periods of custody with the Child from after school until before bedtime. The specific days and times for these periods of custody shall be arranged by agreement of the parties. D. During the summer school break, the parties shall alternate having custody of the Child on a biweekly basis, with the exchange of custody to take place every two weeks on Sunday evening unless otherwise agreed upon by the parties. The non-custodial parent shall have the option of having custody of the Child during the interim weekend when the other party has custody and at additional times as arranged by agreement of th~ parties. In the event the non-custodial party misses a weekend period of custody because the custodial parent has taken the child on vacation, the non-custodial parent shall be entitled to have a make-up period of weekend custody during the next two week cycle. The alternating biweekly schedule shall begin on the first Sunday after termination of the school year and shall end on the Sunday following the last full week before school resumes at the end of summer. In 2006 and thereafter, the biweekly schedule shall begin with the parent having custody who also has custody of the Child under the regular weekend schedule for the first weekend after school ends. 3. The parties shall share or alternate having custody of the Child over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. until Christmas Day at I :00 p.m., and Segment B, which shall run from Christmas Day at I :00 p.m. until December 26 at 7:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years andl during Segment B in odd numbered years. B. THANKSGIVING: The Mother shall have custody of the Child on Thanksgiving Day in odd numbered years and on the Friday following Thanksgiving in even numbered years. The Father shall have custody of the Child on Thanksgiving Day in even numbered years and on the Friday following Thanksgiving in odd numbered years. C. ALTERNATING HOLIDAYS: The Father shall have custody of the Child in odd numbered years on New Years Day, Memorial Day and Labor Day. The Father shall have custody of the Child in even numbered years on Easter Sunday and July 4th (observed). The Mother shall have custody of the Child in odd nunlbered years on Easter Sunday and July 4th (observed). The Mother shall have custody of the Child in even numbered years on New Years Day, Memorial Day and Labor Day. D. FATHER'S DAY/MOTHER'S DAY: The Father shall have custody of the Child every year on Father's Day and the Mother shall have custody of the Child every year on Mother's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The non-custodial party shall have liberal telephone contact with the Child at reasonable times. 5. Unless otherwise agreed by the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. If either party intends to remove the Child from the Commonwealth of Pennsylvania for and overnight period or longer, that party shall notifY the other party in advance and provide a telephone number where the Child can be reached. 7. Both parties shall cooperate and ensure that the Child attend his regularly scheduled activities during his or her periods of custody. , - 8. The Father shall have the option to remove the child from enrollment in the Cumberland Valley School District. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent or hamper the free and natural development of the Child's love and respect for the other parent. BYTHE~/ 1. ~vid A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ~n G. Robbins 1225 Old Willow Mill Road Mechanicsburg, Pennsylvania 17050-1805 \/rfJ \ fJ..} "'(". to:,: In :~' \._ -:.c" f,,:", f-.... ..........{ ..,...... 1b;: .......... ............,.-"-...- ..................".....~.. >- ~~ t.-"':: tu5;:'2 2ft; '.1.. .. r)t- Te r'--l'-'- WQ cr! liJ FE ~ N W f..t..1 Q Of', ~~ = c'"' <'? N O::J )~. ,.- ::!.::: "'" ., ~) (,) - ---- DEe 2 Il 2005 .lln p ERIN G. ROBBINS, N/K/A ERIN G. KECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 2355 CNIL TERM KERRY R. ROBBINS, Defendant CIVIL ACTION-LAW IN CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into this 13fhday of December, 2005, by and between Kerry R. Robbins (hereinafter referred to "Father") and Erin G. Robbins (hereinafter referred to as "Mother"); WHEREAS, Erin G. Robbins is the natural mother of the child Seth F. Robbins, born December 14, 1991, (hereinafter referred to as "child"); and, WHEREAS, Kerry R. Robbins is the father of the child; and, WHEREAS, the parents are separated and living in separate residence; and, WHEREAS, the parties believe it to be in the best interest of the child that the Father shall have physical custody of the child; and, WHEREAS, the parties wish to enter into an Agreement relative to the custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: I. The parties shall have shared legal custody of Seth F. Robbins, born December 14, 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 child's general well-being including, but -... not limited to, all decisions regarding their health, education and rdigion. 2. The parties shall have custody of the Child in accordance with the following schedule: A. Seth F. Robbins shall reside primarily with the Father. B. During the school year, the parties shall altemate having custody of the Child on weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. C. During the school year, the non-custodial parent shall have the option to have two weekday evening periods of custody with the Child from after school until before bedtime. The specific days and times for these periods of custody shall be arranged by agreement of the parties. D. During the summer school break, the parties shall alternate having custody of the Child on a biweekly basis, with the exchange of custody to take place every two weeks on Sunday evening unless otherwise agreed upon by the parties. The non-custodial parent shall have the option of having custody of the Child during the interim weekend when the other party has custody and at additional times as arranged by agreement of the parties. In the event the non-custodial party misses a weekend period of custody because the custodial parent has taken the child on vacation, the non-custodial parent shall be entitled to have a make-up period of weekend custody during the next two week cycle. The alternating biweekly schedule shall begin on the first Sunday after termination of the school year and shall end on the Sunday following the last full week before school resumes at the end of summer. In 2006 and thereafter, the biweekly schedule shall begin with the parent having custody who also has custody of the Child under the regular weekend schedule for the first weekend after school ends. . 3. The parties shall share or alternate having custody of the Child over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. until Christmas Day at I :00 p.m., and Segment B, which shall run from Christmas Day at I :00 p.m. until December 26 at 7:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years and during Segment B in odd numbered years. B. THANKSGIVING: The Mother shall have custody of the Child on Thanksgiving Day in odd numbered years and on the Friday following Thanksgiving in even numbered years. The Father shall have custody of the Child on Thanksgiving Day in even numbered years and on the Friday following Thanksgiving in odd numbered years. C. ALTERNATING HOLIDAYS: The Father shall have custody of the Child in odd numbered years on New Years Day, Memorial Day arLd Labor Day. The Father shall have custody ofthe Child in even numbered years on Easter Sunday and July 4th (observed). The Mother shall have custody of the Child in odd numbered years on Easter Sunday and July 4th (observed). The Mother shall have custody of the Child in even numbered years on New Years Day, Memorial Day and Labor Day. D. FATHER'S DAY/MOTHER'S DAY: The Father shall have custody of the Child every year on Father's Day and the Mother shall have custody of the Child every year on Mother's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The non-custodial party shall have liberal telephone contact with the Child at reasonable times. 5. Unless otherwise agreed by the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. If either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer, that party shall notify the other party in advance and provide a telephone number where the Child can be reached. 7. Both parties shall cooperate and ensure that the Child attend his regularly scheduled activities during his or her periods of custody. 8. The Father shall have the option to remove the child from enrollment in the Cumberland Valley School District. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent or hamper the free and natural development of the Child's love and respect for the other parent. WITNESS: }4,,,/ ~.J-J< Date: _~ . ,. . I 0' '~yL\"~.- (\ 'i'Zo--G\:'.0u\..iLJ ~ \ ~' ~~ :t--- E' (' bb' ~ nn 1. illS /' 6' v...., .k Dll~ ~R.Robbins U..!, ~/()~ . . Date: dab.dir/domestic/robbins/custody.stip