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HomeMy WebLinkAbout99-04770a .o 40 It -Q J ?ww i S: { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF + PENNA. TROY A. RAUDABAUGH t , PLAINTIFF VERSUS LUCINDA K. RAUDABAUGH, DEFENDANT No. 99-4770 CIVIL DECREE IN DIVORCE AND N0W,crf0t4ww 3` DECREED THAT TROY A. RAUDABAUGH 3?-'?v 02- IT IS ORDERED AND AND LUCINDA K. RAUDABAUGH ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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 PARTIES MARITAL SETTLEMENT AGREEMENT DATED OCTOBER 12, 2000 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ff • J. P OTHONOTARY r TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4770 CIVIL TERM CIVIL ACTION-LAW MARITAL SETTLEMENT AGREEMENT > THIS AGREEMENT, made this IZ Yday of ?1'- , 2000, by and between LUCINDA K. RAUDABAUGH, hereinafter referred to as "Wife", and TROY A. RAUDABAUGH, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on July 23, 1988; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 99-4770 Civil Term by complaint filed on August 9, 1999; and, WHEREAS, the parties are the parents of Ashley A. Raudabaugh, born 11/28/92 and Ryan T. Raudabaugh, born 6/22/97; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their 1 respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Husband is represented by David A. Baric, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Wife is represented by Mary Dissinger, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 4. TANGIBLE PERSONAL PROPERTY Wife shall become the sole owner of the 1994 Toyota Camry she presently drives, while Husband shall become the sole owner of the 1995 Mercury Villager he currently drives. Each party shall hereafter bear personally any and all expenses or car payments attributable to their respective vehicles. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 111 Farm Road, Newville, Pennsylvania. The parties purchased the marital residence in 1996. The property has been listed for sale with a real estate broker and is under contract for sale. Proceeds from the sale of the home shall be divided equally between the parties after deductions for any cost, expense and lien payoffs associated with the sale of the marital residence located at 111 Farm Road, Newville, Pennsylvania. 4 B. WAIVER OF RETIREMENT BENEFITS Wife earned retirement benefits through her employer during the marriage. Husband hereby expressly waives any right to claim any pension/profit sharing/retirement rights of wife, vested or contingent, and wife shall retain full ownership of such rights as her sole and separate property. Husband earned retirement benefits during the marriage. Wife hereby expressly waives any right to claim any pension/profit sharing/retirement rights of husband, vested or contingent, and husband shall retain full ownership of such rights as his sole and separate property. C. INTANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. 5 6. DEBTS AND OBLIGATIONS Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 7. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite. counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force and effect. 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 18. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 20. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony or other post-divorce spousal maintenance or support. WITNESS: Aks ra C?? DJC?_?,n T,ROr RAUDABAUGH I 4, in; (y1o udobaak' UCINDA K. RAUDABAUGH dab.d i t/domestic/ra u da ba u g h/settlement.ag r ,;, ?.: ? ?_ - __ J :: ', ..-, ? , ? ;S ?. = - - .. <? TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMM ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4770 CIVIL TERM CIVIL ACTION-LAW 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 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Service upon the Defendant via certified mail, restricted delivery on August 16, 1999. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff October _12 2000 by the defendant October 12, 2000 (b) (1) Dateof execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: October 16, 2000 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: David A. Baric, Esquire Attorney for Plaintiff, Troy A. Raudabaugh ;_ ,_ =? S -, _, _? ?r 0 LO c? rq CO -6 7:? 14 ci x o U ? h Z ? a ? J u U Y ? Z 3 ? ? u ! Z y ut _ n ? ? V TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 41r7() CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 47r70 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Troy A. Raudabaugh, an adult individual who currently resides at 2616 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Lucinda K. Raudabaugh, an adult individual who currently resides at 111 Farm Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 23, 1988, in Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Defendant is not in the Armed Forces of the United States. Plaintiff is a member of the United States Naval Reserve. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - DIVISION OF PROPERTY 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired automobiles, bank accounts, home furnishings and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - CUSTODY 12. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 11 of this Complaint. 13. The parties have two children of their marriage, Ashley A. Raudabaugh, born November 28, 1992 and Ryan T. Raudabaugh, born June 22, 1997. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree which effects the custody of the parties' minor children. Respectfully submitted, &-44. David A. Baric, Esquire I. D. # 44853 Date: ?S r4? 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/domestic/ra uda ba ug h/compla int.pid VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. -?? Troy A. Raudabaugh DATED: ?? TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 994770 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 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 August 9, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 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. 6. 1 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:- l 2 - C (C, Troy A. Raudabaugh ?? .a1 ... .I . i.l? J ? i.l C, ? i iC) iJ TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 994770 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S 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 August 9, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on August 16, 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. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 1 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. 1 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: 451o?L? 6?luaqha"" ucinda K. RaudabaugffJ ?. TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMM ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4770 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, David A. Baric, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & S RER ??? 41t David A. Baric, Esquire DATE: October 13, 2000 The AwNq WE MOwtiwrom er.?twdan 3. Artlde Addressed to: Lue`Ink Ka Gudabaugh III Forum Kaad ll NFIWVIIIF., PA I-7a4I geliver to addressee only 6. Re?ivedB y: (P nr No/r1oJ-? a 1 I K? l SENDER: • ConpNN hefts l uW dlW W .wvkva wCanpx 9.A.werg4b. le. • PfNlt W"IR II.IM YIO .C?IMu d1 11M IfM of P" /ORII N EIS N?IJII IMII1 1114 CYd f0 yy.wu .Attica tls.`antt 60 fa font slue merptiw, Or w tM Mcx M rpsa do" not e. Sip : (Addrossee t) X = P3 Form 11, December 1 I also wish to Main the f011%*Q services (for an ext 1. g ra foe): Crecy Address G 1 2. Restricted Dsnwry COnWA i Podmasterforfee. K ? Repbtered I,gCerdw ? Express man ( In ured ? Return Roo* far Alen wdw ? coD ? 7. Date 0")enyery n. Addreesee's Aderaw?only lfrequested ^j Ind fee is peb? , Domestic Return Receipt -- ,, ;, ?= _- TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4770 CIVIL TERM CIVIL ACTION-LAW ORDER OF COURT AND NOW, this P 4 day of TIA--e , 2000, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE 0:?00 J. k6D V \5 ?.? ('iU JL'? I ) 1..I L' [, ) TROY A. RAUDABAUGH, Plaintiff V. LUCINDA K. RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4770 CIVIL TERM CIVIL ACTION-LAW CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION, entered into the day and year hereinafter set forth, by and between Lucinda K. Raudabaugh, (hereinafter referred to as "Mother") and Troy A. Raudabaugh, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Ashley A. Raudabaugh, born November 28, 1992 and Ryan T. Raudabaugh, born June 22, 1997, (hereinafter referred to as "Children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an Agreement relative to the custody and partial custody of the children; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties will hav joi rt legal custody of the children, notwithstanding the 5 lo- foregoint, Mother make medical decisions for the children w,'+"f A b4:rl arA face JC c,,\..-I l.er, Cti`6{sk,. \ K. .a i r:)h-7 r 4. 2. The Mother will have custody F""chil l " '°" r= 6° primary physical cuustody of thedren. ? ?y 1.,,,,, ",.y r : 51,1- 3. The Father will have partial physical custody of the children as follows: a. Every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. b. For the weeks when Father exercises his period of partial physical custody of the children during the weekend Father shall have the children on Wednesday evening, and for the weeks that Mother has the children during the weekend, Father shall have the children on Monday and Thursday evenings. During the school year on the Monday, Wednesday or Thursday evenings of Father's period of partial physical custody he shall have the children from 5:30 p.m. until 5:00 p.m. and during the summer from 5:30 p.m. until 9:00 p.m. C. One week during the summer. d. On such holidays as the parties agree. e. At other such times as the parties may from time to time agree. 4. In the event either party requires childcare for the children during his or her periods of custody, the party shall make a reasonable effort to offer the other party the opportunity to provide the care before contacting a third party babysitter. 5. On Monday and Thursday evenings when Father exercises his period of partial physical custody of the children, Father shall be responsible for complete transportation of Ashley. Mother shall be responsible to transport Ryan from the day care provider to the residence at 111 Farm Road, Newville, Pennsylvania where Fatherwill pick up Ryan. Father will be responsible to return both children to Mother at the conclusion of his period of partial physical custody. 6. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall furthertake any necessary steps to ensure that the health and well being of the children are protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 8. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 10. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WI ESS: Tr A. Raudabaugh DATE: O ( OD / -- Lucinda K. Raudabaugh DATE: -57- L? (, l n c:? =o i.7 U