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HomeMy WebLinkAbout99-05237,.i I IN THIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOSEPH C. LIGHTFOOT, ?4r J J~ PLAINTIFF N O 99_5237 VERSUS MARGARET S. LIGHTFOOT, DEFENDANT DECREE IN DIVORCE AND NOW, N OV(!,(oc.3 1.5 , 2-C40, IT IS ORDERED AND DECREED THAT JOSEPH C. LIGHTFOOT ,PLAINTIFF, AND MARGARET S. LIGHTFOOT ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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 MARITAL SETTLEMENT AGREEMENT SIGNED BY THE PARTIES ON AUGUST 23, 2000 IS INCORPORATED HEREIN AS A FINAL ORDER. E C CIVIL % r /I •,CS-? CLvt - C?sLtCGtl?? ? li "h IV ? .1 JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 0M rd day of AuaraA 2000, by and between Margaret S. Lightfoot, hereinafter referred to as "Wife", and Joseph C. Lightfoot, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on September 1, 1990; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 99-5237 Civil Term by complaint filed on August 26, 1999; and, WHEREAS, the parties are the parents of Elena C. Lightfoot, born December 31, 1989 and Lauren M. Lightfoot, born October 24, 1996; and, WHEREAS, differences have arisen between the parties and it is the intention of the parties to live separate and apart. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; 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 oragainst their espective 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: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant t'., Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court upon the written request of either party. 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 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 Wife is represented by Ruby D. Weeks, Esquire 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 is represented by David A. Baric, Esquire, 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. 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. 3 4. TANGIBLE PERSONAL PROPERTY Husband shall transfer to Wife any right, title and interest he has in a 1997 Mazda 626. Wife shall transfer to Husband any right, title and interest she has in a 1993 Pontiac Bonneville. 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. Each party shall hereafter be solely liable for the debt secured by the respective vehicles and shall indemnify the other from any and all claims associated with said debt. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. Said real estate is currently valued at $95,000.00 minus a mortgage indebtedness to Pennsylvania Housing Finance Agency of $75,000.00 leaving a $20,000.00 equity balance. Wife waives any ownership interest she may have in any subsequent real estate owned by Husband. Husband shall quitclaim over to Wife the property and contemporaneously Wife shall convert the debt for the property into her name alone. B. WAIVER OF RETIREMENT BENEFITS: Husband has earned and established a 401(k) Plan and ESPP benefits with Carlisle SynTec Incorporated. The balance of Husband's 401(k) Plan for equitable distribution purposes was $100,000.00 as 4 of September 30, 1999 and the balance of the ESPP was $8,800.00 as of January 19, 2000. Husband shall take the steps necessary to have one-half of the current shares ESPP sold and the cash surrendered to Wife. Husband shall take the steps necessary to have distributed from the 401(k) Plan to Wife the sum of $40,000.00. Neither party shall have any further right or interest in any retirement plan or benefit of other. C. At the time of execution of this Marital Settlement Agreement, the parties do not desire to finalize the divorce proceedings but do desire to establish an agreement between themselves as to a division of marital property should either party hereafter seek entry of a divorce decree to finalize this matter. In no event shall either party be entitled to claim any amounts of property other than or property other than as set forth herein. ti. DEBTS AND OBLIGATIONS 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. Husband shall be solely responsible for the balance due and owing on a GM Mastercard. Wife shall be solely responsible for the balances on the following accounts in her separate name: Bon Ton, PNC Visa, Hecht's and Members First. 5 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 herein above 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, rernise, quitclaim and forever discharge the other and the estate of the otherfrom 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, 6 engagements or liabilities of the other party, arising byway 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 po>ndente 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 Iogal action pursuant to the provisions of the Divorce Code or otherwise to enforce the prnvisions 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 Cade 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 p;rsonal 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 ,r derstanding of the parties. There are no covenants, conditions, representations or a:clreements, written or oral, of any nature whatsoever, other than those herein contained. 7 i 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. SEVERABILITYAND 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. 8 19. OTHER DOCUMENTATION The parties agree that they shall, upon written request from either party execute any and all written instruments or documents required to effectuate the terms of this Agreement. 20. WAIVEROFALIMONY 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. WHEREFORE, the parties intending to be legally bound hereby, execute this Agreement the date first written above. Ma aret S. Lightffoot C3oseph C. Lig oot dab. di r/domesticllightfooVsettlement2.agr ?- a? i? ? ?;. u _? ?.n ?' .i??l i. :.1_ ?? ? J :? Ci (> bw JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this LI_Zhay of r) , 2000, in order to satisfy the requirements of law pertaining to the equitable distribution of certain pension rights or benefits, IT IS HEREBY ORDERED AND DECREED as follows: This Order shall apply to the Carlisle Companies Employee Incentive Savings Plan (hereinafter "Plan") in which the Plaintiff, Joseph C. Lightfoot, participates in connection with his employment with Carlisle SynTec Incorporated, in Carlisle, Pennsylvania. The Plan Administrator is Hewitt & Associates. 2. The accumulated benefits under the Plan are the marital property of Joseph C. Lightfoot and Margaret S. Lightfoot. The parties intend, by this Qualified Domestic Relations Order, to allocate these benefits between themselves. 3. The name of the Plan Participant in said pension is Joseph C. Lightfoot and his mailing address, as of the date of this Order, is 12 Wiltshire East, Carlisle, Cumberland County, Pennsylvania 17013. His social security number is 051-66-5117. 4. The Former Spouse under this Order is Margaret S. Lightfoot, whose address is 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. Her social security number is 056-66-8121. Yy, ? Y`. 5. The parties were married on September 1, 1990 in Madrid, New York. 6. The Former Spouse's share of Participant's benefits under the Plan is Forty Thousand and 00/100 Dollars ($40,000.00) in Participant's account under the Plan. 7. As soon as administratively feasible after the date of this Order, the Plan shall transfer Former Spouse's share to a separate account under the Plan in Former Spouse's name. Hereafter, Former Spouse shall have the right to direct investment of Former Spouse's separate account. In the event of Former Spouses' death before distribution to Former Spouse, the balance in Former Spouse's account shall be paid to Former Spouse's estate. 8. Former Spouse shall receive distribution of the balance payable as a lump sum distribution to her account with Charles Schwab, 22A North Second Street, Harrisburg, Pennsylvania, Account No. 29-22-9708 as soon as administratively possible. 9. This Order shall continue to be effective with respect to any successor or transferee plan of the Plan, including any plan into which the Plan is merged. This order shall continue to be effective following the termination of the Plan. 10. Each party shall, upon receiving a request, perform any act reasonably necessary to carry into effect the terms of this Order. 11. Former Spouse shall be responsible for, and shall pay, any taxes which are due on account of any amount received from the Plan. The Plan shell report all distributions to Former Spouse pursuant to this Order as income to Former Spouse. v Tax withholding on the Former Spouse's account distributions shall be at the rate of a single person with three(3) exemptions. 12. No prior Qualified Domestic Relations Order has been entered which would require payment of benefits to another alternate payee other than the former spouse pursuant to this Order of Court. 13. The court retains jurisdiction to make such further orders as appropriate to enforce and clarify the provisions of this Order. r Uuy u, vvee sq. David A. Baric, Esq. FaA0g)z / ? rgaret S. Lightfoot C. Joseph C. Lightfoot BY THE COURT, ti - J I V A ' ;I JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: divorce 1 code. Ground for divorce: irretrievable breakdown under Section 3301(c) of the . 2. Date and manner of service of the complaint: Service via certified mail- restricted delivery upon the Defendant on August 28, 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 August 28, 2000 by the defendant August 23, 2000 (b) (1) Date of 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 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: (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: August 28, 2000 Date defendant's waiver of notice in Section 33010 divorce was filed with the Prothonotary: August 28. 2000 David A. Baric, Esquire Attorney for the Plaintiff, Joseph C. Lightfoot ? i c? n ,? CD LJ CJ JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 5 23 7 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 JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- .6.2 j7 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Joseph C. Lightfoot, an adult individual who currently resides at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Margaret S. Lightfoot, an adult individual who currently resides at 53 Brian Drive, Carlisle, 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 September 1, 1990, in Madrid, New York. 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. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 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, Elena C. Lightfoot, born December 31, 1989 and Lauren M. Lightfoot, born October 24, 1996. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree which effects the custody of thq parties' minor children. Date: Q gPo l q q Respectfully sub mitt d, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 r' ?Y a?H l;'^F da b.dir/domestic/lightfoot/compla int.p Id 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. :9 Joseph C. Ligh fdot DATED: ?$ a(D 99 C n > Co - - m m F Z W ; A E i _ < n ti R? G, Z ? y > y V R1 O ? u DTI ?y L" ( l? U (1? 00 IT J U i JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY 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 October 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. 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. 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. 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 Joseph C. Li tfoot JOSEPH C. LIGHTFOOT, t IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r Vs. CIVIL ACTION - LAN : IN DIVORCE MARGARET S. LIGHTFOOT, , Defendant 1199-5237 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 9, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: b ? Ll? wo Margar S. Lightfoot, Defendant Sworn and subscrib d to bef a me this L3V day iYAI of ca,n) 2019, Noa?r pYW? My Canes ? ?20W No ary Public JOSEPH C. LIGHTFOOT, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA s Va. : CIVIL ACTION - LAW : IN DIVORCE MARGARET S. LIGHTFOOT, _ Defendant #99-5237 CIVIL TERM WAIVER_ OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER-9 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: L? O) 3 Am) /ILL//I 0,1, /1'I7'SI [ ]S MargaredX. Lightfoot, De ndank? t ,.,, ?.. .: -- ,: ?' -, ? _ ?- _ -, ?- -- :? JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE 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. M:7t David A. Baric, Esquire DATE: November 13, 2000 M1M1 SE/.?NDER: 4 . conlpIw Meru I "or 2 for addx mw UMwa. e s cmpNy hem 3.4a. uq/b. printrUr YM ad m6 do nwN of any km, w Mo" M M""aIY CEM •pAaasmtlafh rdm b the boM Of aia mag0len. or an ft back If op" dou m( • WrIN .MM R HW. Ree.ubd'an IM ?Iq . • 7M Rfum Mayf wal show ro Whorn d,a' n(da ?, d.wamd. 3. ANde Addressed b: MI 1 49h., 41M, I also wish to receive the [a. Ligpn 70ij Received By. (Print Nome) signs ure: (Addmew s orAgeeYnt)?.. PS X , following services (for an extra fee): 1''' ???0...rrr Addressee's Address f Restricted Dsllvery can Postmaster for fee. it. ? Registered ? Express Mall ? Rohn RecNd I and tee Is pea) Ce Insured CAD YrOqted t? l? f , i• ! %lLl 1, X r-? 71 U ?? JOSEPH C. LIGHTFOOT Plaintiff V. MARGARET S. LIGHTFOOT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW #99-5237 CIVIL TERM NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 717-249-3166 Ruby D. We s Attorney for Plaintiff JOSEPH C. LIGHTFOOT, Plaintiff Va. MARGARET S. LIGHTFOOT, Defendant : IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA s CIVIL ACTION - LAN s IN DIVORCE #99-5237 CIVIL TERM PETITION FOR AWARD OF ALIMONY ALIMONY PENDENTE LITE COURT COSTS. COUNSEL FEES EQUITABLE DISTRIBUTION AND INSURANCE RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: COMES NOW, Plaintiff, Margaret S. Lightfoot, by her attorney, Ruby D. Weeks, Esquire, and she respectfully represents that: 1. Plaintiff is Joseph C. Lightfoot, an adult individual residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Margaret S. Lightfoot an adult individual residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant are husband and wife, having been married on September 1, 1990. Plaintiff filed a Complaint in Divorce on August 26, 1999. COUNT I. REQUEST FOR DIVISION OF PROPERTY 4. Paragraphs one through three are incorporate herein and made a part hereof as though fully set forth herein. 5. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 6. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT II. COUNSEL FEES, COSTS, EXPENSES 7. Paragraphs one through six are incorporate herein and made a part hereof as though fully set forth herein. B. Defendant, Margaret S. Lightfoot, has retained the services of Ruby D. Weeks, Esquire, and the counsel fees, costs, and expenses for representation in this action will be substantial and continuing. 9. Defendant is without sufficient funds, income, or assets to pay such counsel fees, costs, and expenses. 10. Defendant will need to retain the services of an appraiser and other experts with regard to this action. 11. Plaintiff is financially able to provide for these expenses of Defendant. COUNT III. ALIMONY PENDENTE LITE 12. Paragraphs one through eleven are incorporate herein and made a part hereof as though fully set forth herein. Defendant lacks sufficient means of support at present to fully provide for her reasonable needs. 13. Defendant requests an award of alimony pendente lite. 14. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 15. Plaintiff is financially able to provide for the reasonable needs of Defendant. IV. INSURANCE RELIEF 16. Paragraphs one through fifteen are incorporate herein and made a part hereof as though fully set forth herein. 17. Defendant lacks sufficient means of support at present to provide health or life insurance coverage on herself. 18. Plaintiff is financially able to carry health and life insurance coverage personally or through his employer for her and to carry medical, dental and eye insurance coverage personally or through his employer for Defendant. V. SPECIAL RELIEF 19. Paragraphs one through eighteen are incorporate herein and made a part hereof as though fully set forth herein. 20. Plaintiff has been removing marital funds from joint accounts or marital assets in Husband's separate name and Wife has no idea how he is using these assets. she believes he has appropriated them for his own use and seeks an accounting fo such assets and a freeze on Husband's further dissipation of marital assets. WHEREFORE, Plaintiff prays that Your Honorable Court enter an award for equitable distribution of property, counsel fees, costs and expenses, alimony and alimony pendente lite, and insurance relief and special relief to prevent Husband's dissipation of marital assets in favor of the Defendant and against the Plaintiff. Respectfully submitted, Dated: Z.LCcc-a-- Ruby D. Weeks, Esqui e Attorney for Defendant 10 West High Street Carlisle, PA 17013 (717) 243-1294 CC: David A. Baric, Esquire, Plaintiff Ruby D. Weeks, Esquire, Defendant E. Robert Elicker, Esquire, Divorce Master OF PENNSYLVANIA COUNTY OF CUMBERLAND on Personally appeared before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct. Sworn to and sub c abed to before me this day of Cbc '4! F -e'Z _ , 199`i. a IC'k nl" :?Ctij Notary Public Margaret S. Lightfoot CAM A. MOIBIM, Nawy Pobic CO" Bern, CwsbwIwW Cowry MY C&W*d o b *W Jv" 28, 4000 v c\ v z H N OM. J CN ? d J ? N W ? H GI H H'? N N J W O N N aWAq Py1 N H b ',V N I1C N r, o x O 4 q 0 y x N C w y (D N m a H H M 0 H O HN H H V ? J w !•? p R H n Y• H M m O r H tq H x p H 'A p1 H oa n?a C H r H n0 O H m H z• o °x SKr H O b '9 JOSEPH C. LIGHTFOOT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET S, LIGHTFOOT, CIVIL ACTION DEFENDANT NO P-5XV/ IN DIVORCE ORDER OF COURT Upon consideration of Defendant's Petition for Hearing on the petition for special relief and Defendant's response thereto, a hearing shall be set on _ the day of "l1 (,t 1 CA , 2000, at /U ; 3O ?i •vn in Court Room No. q before the Honorable Judge /"-?'a-?d? _ BY THE COURT, ,o-Judge cc: Ruby D. Weeks, Esquire a_l J- ©Q David Baric, Esquire for Plaintiff 7 RKS v1;1'C ? 1. ;i? i;l' ???/i ?'? t. JOSEPH C. LIGHTFOOT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET S. LIGHTFOOT, CIVIL ACTION DEFENDANT I(I 5237 NO. 9t=1 IN DIVORCE ORDER OF COURT AND NOW, this day of 2000, upon consideration of the Petition for Special Relief requested by the Defendant, Margaret S. Lightfooot, it is Ordered and Directed that, (1) an award of temporary possession of the marital residence be issued to Margaret S. Lightfoot (2) husband is to submit an accounting of all joint marital accounts, including but not limited to the 1" Union Bank, joint Financial Trust account number 1316117, joint Members 181 checking account number 171613, joint Members 141 savings account number 171613, joint Members 1" checking account number 124257, joint Members 1't savings account 124257, (3) husband is to return to the wife one-half of marital funds that have been removed. (4)Order Husband to cease removing further joint marital assets and to add wife's name to the accounts for the children. BY THE COURT, Judge JOSEPH C. LIGHTFOOT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET S. LIGHTFOOT, CIVIL ACTION DEFENDANT cjq_5D3 7 NO.2 IN DIVORCE NOTICE TO DRFMM 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 an Order 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. 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 717-249-3166 av u Y 1:51 s; Pf I?: JOSEPH C. LIGHTFOOT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET S. LIGHTFOOT, CIVIL ACTION DEFENDANT NO.fI.5),311N DIVORCE DEFENDANT'S PETITION FOR SPECIAL RELIEF COMES NOW Petitioner, Margaret S. Lightfoot, Defendant in the above. captioned divorce action, by her attorney Ruby D. Weeks, Esquire, who avers as follows: 1. Defendant is Margaret S. Lightfoot, an adult individual residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Joseph C. Lightfoot,an adult individual residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant are Husband and Wife, having been married on September 1, 1990. 4. Plaintiff filed a Complaint in Divorce on August 22, 1999. POSSESSION OF THE MARITAL RESIDENCE 5. The parties are the owners of real estate located at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. 6. Wife seeks to have possession of the marital residence until such a time as property is equitably distributed. ACCOUNTING FOR JOINT ASSETS TAKEN BY THE HUSBAND 7. Mrs. Lightfoot believes that Plaintiff is removing marital assets from joint bank accounts into accounts in his sole name, in particular from First Union Bank and into accounts for the children of the parties naming himself as sole custodian. 8. Wife seeks an accounting of same and joint Financial Trust account number 1316117, joint Members lot checking account number 171613, joint Members 1°t savings account number 171613, joint Members 1°t checking account number 124257, joint Members 1°t savings account 124257, and - 1 distribution to her of one-half of marital funds that have been removed. Wife is also seeking to have the Husband ordered to cease removing further joint marital assets and to add her name to accounts for children. WHEREFORE, Petitioner, Margaret S. Lightfoot, by her attorney Ruby D. Weeks, Esquire, respectfully requests that Your Honorable Court (1) Award temporary possession of the marital residence to Margaret S. Lightfoot (2) order husband to submit an accounting of all joint marital accounts, including but not limited to the 1` Union Bank, joint Financial Trust account number 1316117, joint Members 1°t checking account number 171613, joint Members I" savings account number 171613, joint Members 1't checking account number 124257, joint Members 141 savings account 124257, (3) Order husband to return to the wife one- half of marital funds that have been removed. (4)Order Husband to cease removing further joint marital assets and to add her name to accounts for children. Respectfully Submitted, Ruby D. Weeks, Esquire, Attorney for Plaintiff-Petitioner C: David Baric, Attorney for Plaintiff Margaret Lightfoot, Defendant/Petitioner 2 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND se s Personally appeared before me, a Notary Public in and for the Commonwealth and county aforesaid, the undersigned, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct. Sworn to and subscr'bed to befor me this day of No, 'h 10 , 2C ,j . Notary Public macga t Lightfoot ? ? CERTIFICATE OF SERVICE I certify that I served a copy of Petition for Special Relief upon Joseph C. Lightfoot, by depositing the same in the United States Mail, certified, from Carlisle, Pennsylvania on the ? day of 2000, to his attorney, David Baric, addressed as follows: David Baric, Esquire 17 West South Street Carlisle, PA 17013 _ a-9-aov,7 Date Ruby D. Week b, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17103 (717) 243-1294 O H 0 O ? U H °i El Boa H O H wU U H zHU C4 a H Q z H O a Oa W N U W U a " q .N u m w a N N m 0 O O a D „tl H N a .d '? N W F W w Q N N a H pN?p N N ri V? w N o m H .N-1 a N N Q 3 yNj7 ? ,.W JOSEPH C. LIGHTFOOT, Plaintiff VS. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN Divorce #99-5237 CIVIL TERM PRAECIPE To The Prothonotary of Cumberland County Court of Common Pleas 2000Please withdraw my Petition for Special Relief filed on February 8, . Date: February 11, 2000 Ruby D. Weeks, Esquire cc: Margaret Lightfoot, Defendant David Baric, Esquire for Plaintiff ?1 H H O ergo N W W . H a q m Di W ? f.. 1? S y N J D O 3 m W m m p N H ?? in M ut ro m ro H H 0 ? xn H Di m O m H q w m ? N O C t v M y a H H O y q r rt H m 0 O H m ro x O ? m m ? ro x w F, v w ? 7 r 0 M Y z M O r H pH 3 H z tl O n m (J H b3gl x n? " o H H C'OH 0 H ro H x Ko P3 ?7. 0 xyKr x to H O q M JOSEPH C. LIGHTFOOT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5237 CIVIL TERM MARGARET S. LIGHTFOOT, CIVIL ACTION-LAW Defendant IN DIVORCE/CUSTODY ORDER OF COURT 1? ?v AND NOW THIS _ 1 L day of ?ciC1 X999, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ?(6-A ??(J the conciliator, at Inc ?A ` 1x,C , Cwr4rclc?c?Cc-) (cc 6k,w_ on the? day of 1 Fr.? f996tIL *A./P. M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order BY THE COURT, BY AN 4L ACj Custody Cond iator ( -Z?,) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 00.1..'120 Pri I:no PEN'NST.,/ m v4 ?? 00 l?/ may. /?/- 6 JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Joseph C. Lightfoot, an adult individual residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Margaret S. Lightfoot, an adult individual residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present residence Age Elena C. Lightfoot 53 Brian Drive 10 Carlisle, Pennsylvania 17013 Lauren M. Lightfoot 53 Brian Drive 03 Carlisle, Pennsylvania 17013 The children is presently in the custody of Defendant, who resides at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children has resided with the following persons at the following addresses: Persons Residences Dates Joseph C. Lightfoot and 53 Brian Drive birth to Margaret S. Lightfoot Carlisle, Pennsylvania 17013 present The natural mother of the children is Margaret S. Lightfoot, currently residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. She is married. The natural father of the children is Joseph C. Lightfoot, currently residing at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania. He is married. 4. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other 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. 5. 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. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the children. Respectfully submitted, SCH ER O'B?RIIEN, BA?RIC 8, David A. Baric, Esquire I. D. # 44853 17 West South Street Carlisle, PA 17013 Date: /?G/? (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. Joseph C. L htfoot DATE: OIO(0 LO o U ~ ? Z U r ca l J z y ut _ ce m ? J JAN 'I .: ,,, .1d H JOSEPH C. LIGHTFOOT, Plaintiff v. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this 30" day of &99"2 , 2000, upon agreement of the parties, the attached Custody Stipulation and Agreement is made an Order of Court. BY THE COURT, David A. Baric, Esquire Attorney for Plaintiff Ruby D. Weeks, Esquire Attorney for Defendant 14 J. ? Lta"? '-Y? 5.31-&C .1 ar ?i JOSEPH C. LIGHTFOOT, Plaintiff V. MARGARET S. LIGHTFOOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5237 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY CUSTODY STIPULATION AND PARENTING AGREEMENT This Agreement and Stipulation entered into the day and year hereinafter set forth, is by and between Margaret S. Lightfoot, natural mother, by her attorney, Ruby D. Weeks, Esquire, and Joseph C. Lightfoot, natural father, by his attorney, David A. Baric, Esquire, who aver as follows: Plaintiff is Joseph C. Lightfoot, natural father and an adult sui juris, who resides at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Margaret S. Lightfoot, natural mother and an adult sui juris, who resides at 53 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Mother and father are the parents of two children, Elena C. Lightfoot, born December 31, 1989 and Lauren M. Lightfoot, born October 24, 1996. 4. The parents, Margaret S. Lightfoot and Joseph C. Lightfoot, agree to the following custody terms regarding custody of Elena C. Lightfoot and Lauren M. Lightfoot, and request the terms be entered as an Order of Court: A. The parents shall have joint, shared, legal custody of the children. B. The mother shall have actual physical custody of the children, with partial custody awarded to the father as follows: Commencing the weekend following the execution of this agreement, and every other weekend thereafter from 5:00 p.m. Friday to 8:30 p.m. Sunday. 2.(a) When the Father has partial custody of the children on the weekend he shall also have partial custody of the children during the preceding week on Monday and Wednesday from 5:00 p.m. to 8:30 p.m. (b) During the week the father does not have partial custody during the weekend he shall also have partial custody of the children on Tuesday and Thursday from 5:00 p.m. to 8:30 p.m. (c) The father shall be responsible for feeding the children and assuring that homework is accomplished during these periods of partial custody. 3.(a) The father has three weeks of vacation each year and shall have three weeks of partial custody each year, not necessarily to be taken consecutively, but to be taken in at least seven day blocks. However, he shall provide the mother no later than May 30 of each year the schedule as to when he intends to exercise this time. (b) The mother shall have three weeks of vacation with the children each year, not necessarily to be taken consecutively. The mother shall notify the father no later than June 15 of each year when she intends to exercise this time. (c) These summer vacation periods supercede the normal alternating weekend schedule and are not in addition to that time. That is, the alternating weekend schedule resumes following such periods. 4. The parents agree to divide custody during holidays as follows: (a)(1) The Christmas holiday shall commence from 9:00 a.m. Christmas Day until noon on December 31 with the father having partial custody of the children during this period in even-numbered years, and the mother in odd numbered years. (a)(2) The other parent not having the Christmas holiday shall have custody of the children the weekend before Christmas from after school on Friday until 8:30 p.m. on Sunday. (b) The school Easter and Thanksgiving holidays shall commence from after school dismissal for the holiday until 8:30 p.m. the following Sunday. The father shall have partial custody of the children for these holidays in odd- numbered years and the mother in even numbered years. (c) The parents shall alternate each Memorial Day, July 4, and Labor Day from 9:00 a.m. to 8:30 p.m., commencing with the mother having Memorial Day in the year 2000. (d) Each parent shall have time with the children on the parents' birthday and each child's birthday. (e) The father shall always have the children from 9:00 a.m. to 8:30 p.m. on Father's Day; the mother shall always have the children on Mother's Day. (f) The parents agree to make every effort to accommodate family reunions and family activities of each parents' employer and the parents agree to provide a minimum of two weeks advance notice of such events. (g) In the event that either parent is required to travel for business or is otherwise unavailable to exercise custody of the children and would be required to place the children with a third party for care, the other parent will have the right to have the children in his or her custody during that period. (h) The provisions of this section supercede and override the alternating weekend schedule. 5. The father may have partial custody of the children during such additional periods as the parents shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. 6. The father agrees to assure the children attend activities scheduled for the children during his periods of partial custody, such as but not limited to school events, activities and outings, swimming and other such lessons, birthday and other parents to which the children are invited by their friends. The parents agree to keep each other timely advised as to these events and activities. The father shall provide transportation to and from his period of partial custody. 8. Time is of the essence regarding the father's pick-up and return of the children for periods of the father's partial custody. The parents agree that if the father has not picked up the children within one hour of the set time or called to change plans in an emergency, that period of partial custody is forfeited by the father and the mother and children are free to make other plans. .1• II 9.(a) The parents agree that they will notify the other parent when a child is away from the father or mother's primary residence for more than two consecutive nights and will provide an address and phone number where the child can be reached. (b) Both parents agree the children shall have reasonable telephone contact with the other parent when they are in the care of the parent who then has custody. 10. The parents shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any time of the times set out herein. It is intended, however, that time be of the essence, and that the parents as strictly as possible comply with the times set forth herein. 11. The parents will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. 12. Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. 13. Husband and wife acknowledge that it is in the best interests of the children to have reasonable and liberal contact with both parents so as to maintain a normal parent-child relationship with both parents. 14. The parents agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other r II•-' 15. 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 Agreement. IN WITNESS WHEREOF, the parents hereto intending to be legally bound by the terms hereof, set forth their hands and seals this d3 R day of ?' 2000. Ruby D. Weeks, Esquire Attorney for Defendant 10 West High Street Carlisle, PA 17013 (717) 243-1294 David A. Baric, Esquire Attorney for Plaintiff 17 West South Street Carlisle, PA 17013 (717) 249-6873 Margaret S. Lightfoot Defendant - Mother Joseph C. Lig of Plaintiff - Father dab. d it/domestic/I ig htfoot/c ustody2. ag r •I 91 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the ;PL day of C tiuc%,A to?-, 2000, before me, a Notary Public, the undersigned officer, personally appeared Margaret S. Lightfoot, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained. NWAMSM CerW wor r.rkWG"r M Cw* w (? ?? X11 WNA `.. My fammNslan 2?cdre=. luroTN, z:.a! i Notary Public COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the 1W day of 2000, before me, a Notary Public, the undersigned officer, pers ally appeared Joseph C. Lightfoot, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that he executed the same for the purposes therein contained. _ r Pll&Iic Notarial Seal Jenni(or S. Lindsay, No Hand tary Pubtir Cadisln Boro, Cumbs Nov. Count ; My Commission Expire 2).21)(;', Momber, Ppnnsv^ ania A sva:unnot r; me,r iJ i L ll n1 41 ? r ? 2 5 m ? ? z ? w z ? O if AUG 3 () 200ijD? JOSEPH C. LIGHTFOOT, i IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA i Va. CIVIL ACTION - LAW i IN DIVORCE MARGARET S. LIGHTFOOT, _ Defendant #99-5237 CIVIL TERM NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Defendant in the above matter, having been grantned??a Final Decree in divorce from the bonds of matrimony on the 15"" day of Na10 M 6aL , 20j5A, hereby elects to retake and hereafter use her previous name of _ Margaret A. Saunders. v TO BE KNOWN AS: cUMXUNWEALTH OF PENNSYLVANIA as COUNTY OF CUMBERLAND , On the 11-1 day of 20,( before me a Notary Public, personally appeare A i known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. l ? n=!?a? 4. ml3A.? m. 1 NWANUOM Notary Public ?A W AY nfy A* 60a Amo 28,2003 ?? 0 ? _ ? ?l :, ? ? ? ?