Loading...
HomeMy WebLinkAbout03-3390ROBERT E. MCDONALD, Plaintiff VS. LAWANDA M. MCDONALD, Defendant NOTICE PENNSYLVANIA : : CIVIL ACTION : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CI/MBERLAN-D COUNTY 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 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~'~s available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Ccurt House 1 Courthouse Square Carlisle, PA 17013-3387 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 PA 17013 717-249-3166 ROBERT E. MCDONALD, Plaintiff vs. LAWANDA M. MCDONALD, Defendant CIVIL ACTION NO. IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NOTICE OF RIGHT TO COUNSELING YOU are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 ROBERT E. MCDONALD, Plaintiff vs. LAWANDA M. MCDONALD, Defendant : CIVIL ACTION : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAIqD COUNTY PENNSYLVANIA CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Robert E. McDonald, a citizen of Pennsylvania, residing at 9 North 29th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Lawanda M. McDonald, a citizen of Pennsylvania, residing at 1203 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on June 16, 1996, in Dauphin County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the )arties to participate in counseling. COUNT Request for a Fault Divorce Under 3301(a) (6) of the Divorce Code The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the: availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, enter a Decree Code. Plaintiff respectfully requests of Divorce, pursuant to 3301(a) (6) that the Court of the Divorce COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, ?laintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT IV Request for Confirmation of Custody Under 3104 Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff is Robert E. McDonald, residing at 9 North 29th Street, Camp Hill, Cumberland County, Pennsylvania. 23. Defendant is Lawanda M. McDonald, residing at 1203 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania. 24. Plaintiff seeks custody of the following children: Name Present Residence Age Lauren C. McDonald 9 North 29th Street 5 Camp Hill, PA 17011 Jada-Briana N. 1203 Yverdon Drive Camp Hill, PA 17011 McDonald 9 North 29th Street 1 Camp Hill, PA 17011 1203 Yverdon Drive Camp Hill, PA 17011 25. The children were not born out of wedlock. 26. The children are presently in the custody of Plaintiff, who resides at 9 North 29th Street, Ca~ Hill, Cumberland County, Pennsylvania, and Defendant, who resides at 1203 Yverdon Drive, Camp Hill, Pennsylvania. 27. During the past five years, the children have resided with the following persons at the following addresses: Person Lauren C. McDonald Address 6029 Meade Court Date 9/10/97 - Robert E. McDonald Lawanda M. McDonald Chantall Garfield Jada-Briana N. McDonald Lauren C. McDonald ~obert E. McDonald Lawanda M. McDonald Chantall Garfield Jada-Briana N. McDonald Lauren C. McDonald Robert E. McDonald Lawanda M. McDonald Chantall Garfield Jada-Briana N. McDonald ~auren C. McDonald Robert E. McDonald Jada-Briana N. McDonald Lauren C. McDonald Lawanda M. McDonald Chantall Garfield Harrisburg, PA 17112 6029 Meade Court Harrisburg, PA 17112 9 North 29th Street Camp Hill, ]?A 17011 9 North 29th Street Camp Hill, PA 17011 1203 Yverdon Drive Camp Hill, PA 17011 2/01/02 2/02/02 7/31/02 8/01/02 7/6/03 7/7/03 present 7/7/03 present 28. The mother of currently resides at County, Pennsylvania. the children is Lawanda M. McDonald who 1203 Yverdon Drive, Camp Hill, Cumberland 29. She is married to Robert E. McDonald. 30. The father of currently resides at County, Pennsylvania. the children is Robert E. McDonald who 9 North 29th Street, Camp Hill, Cumberland 31. He is married to Lawanda M. McDc,nald. 32. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with Lauren C. McDonald and Jada-Briana N. McDonald. 33. The relationship of Defendant to the children is that of mother. The Defendant currently resides with Lauren C. McDonald, Jada-Briana N. McDonald and Chantall Garfield. 34. Plaintiff has not participated as a party or witness, or in ~nother capacity, in other litigation concerning the custody of the children in this or another court. 35. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. ~36. Plaintiff does not know of a person not a party to the proceedings who has physical custody c.f the children or claims to have custody or visitation rights with respect to the children. 37. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can provide a more stable environment witlhin which the children will grow and flourish. 38. Each parent whose parental rights to the children has 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: None. 39. Defendant shall have the right to reasonable and liberal visitation with the children. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody to Plaintiff and 5hat Defendant be granted reasonable rights of visitation. Respectfully submitted, DISiNtER a~d~SSIN~ER kt~orney for' ~!aint~ff Supreme'Court ID # ~5556// 28 North 32nd Street Camp Hill, PA 17011 (717) 9'75-2840 VERIFICATION I, Robert E. McDonald, verify that the statements made in the Divorce 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. ROBERT E. MCDONALD : PLAINTIFF : IN 'ITiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3390 CIVIL ACTION LAW LAWANDA M. MCDONALD DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Friday, July 18, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, August 25, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference; an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT E. MCDONALD, Plaintiff vs. LAWANDA M. MCDONALD, Defendant CIVIL ACTION NO. 03-3390 IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF MAILING COMMON-WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Karen L. Koenigsberg, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, return receipt requested, a true and correct copy of the Plaintiff's Consolidated Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated July 28, 2003 attached hereto as Exhibit "A". Sworn to and subscribed before me this ~&Dday of , 2oo3. Karen L. Koenigsberg Attorney for Plaintiff Supreme Court ID #85556 28 N. Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 /Notary I MEG/~I/L L~E~GHO~KY, No~y PUlSe! ~H~,~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · pilnt your name and address on the reverse so~l~,w'.,e, can return the card to you. · Att~ch'th~;card th the back of the mai[piece, or <~n the'~'~nt if space permits. Cc ,p 9o1\ C. Signature ery-adc~mss different from item 1 ? [] Yes If YES, enter delivery address below: ri No 2. t~zticle Number (Copy from service label) 7002 0860 0D04 2518 4621 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 3. Se ' Type ~C'e~ified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F6e) I~es UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Perm t No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box · EXHIBIT "A" SHERIFF' S RETURN - REGULAR CASE NO: 2003-03390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCDONALD ROBERT E VS MCDONALD LAWANDA M CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - DIVORCE MCDONALD LAWANDA M DEFENDANT , at 1837:00 HOURS, at 1203 YVERDON DRIVE CAMP HILL, PA 17011 LAWANDA M MCDONALD a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 29th day of July by handing to the , 2003 DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ ~ day of  ~ A.D. pz~othonot ary ' So Answers: R. Thomas Kline 07/30/2003 DISSINGER & DISSINGER ^UO 2 6 7003 ROBERT E. MCDONALD, Plaintiff LAWANDA M. MCDONALD, Defendant IN THE CO[JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3390 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT. AND NOW, this Z 7' day of Re/~po~ ~"e , 2003, upon consideration of the attached Custody Conciliation Summary nding hearing or an agreement of the parties, it is hereby ordered and directed as follows: 1. Le.qal Custody. Robert E. McDonald and Lawanda M. McDonald shall have shared legal Custody of the minor children, Lauren C. McDenald, born September 10, 1997, and Jada-Briana N. McDonald, born February 2, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Pending further Order of Court or an agreement of the parties, the parties' minor child, Lauren C. McDonald, born September 10, 1997, shall be registered to attend school in the Camp Hill School District. 3. Physical Custody. The parents will shard parenting time during the school year in the following fashion: A. To commence, Tuesday, August 26,, 2003, Father shall have custody from Sunday evenings at 7:00 p.m. until Thursday mornings when the children are taken to school or the daycare provider. Mother will have custody each week from Thursday after work until Sunday at 7:00 p.m. and each Monday, Tuesday and Wednesday from 2:30 p.m. until 5:30 p.m. B. During the summer school recess, the custodial schedule will reverse from that which is in place during the scheol year, with Mother having custody from Sunday at 7:00 p.m. until Thursday at the time the children are NO. 03-3390 CIVIL TERM taken to the daycare provider and Father having custody from Thursday after work until Sunday at 7:00 p.m. During the summer schedule, Mother will have custody of the children on Thursdays and Fridays from 2:30 p.m. until 5:30 p.m, 4. Holidays. The holiday schedule shatl supersede the regular schedule. A. Thanks,q ving. Father shall have custody for Thanksgiving Day from 9:00 a.m. to 3:00 p.m. Mother's custodial period for the Thanksgiving holiday shall begin at 3:00 p.m. Thanksgiving Day, and continue throughout her custodial period. B. Christmas.. Mother will have custody from Noon on Christmas Eve until Noon on Christmas Day. Father will have custody from Noon on Christmas Day until Noon on December 26th. 5. A hearing is schedule, d, in Courtroom Number ¢ of the Cumberland County Courthouse, on the /'7~f~ day of _,~/)¢t/x~/~ -- ,2003,~t /'! ,.,g 0 o'clock /o ..M., at which time testimony will be taken. For the purposes of the hearing, the Father, Robert E. McDonald, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/partY a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: A 17011 Dist: Karen L. Koenigsberg, Esquire, 28 N 32n~ Street, Camp H~II, P Stephanie L. Mihalko, Esquire, One S. Baltimore Street, Dillsburg, PA 17019 ROBERT E. MCDONALD, Plaintiff LAWANDA M. MCDONALD, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3390 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT_ IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME. Lauren C. McDonald Jada-Briana N. McDonald DATE OF BIRTH September 10, 1997 February 2, 2002 CURRENTLY IN THE CUSTODY OF Mother and Father Mother and Father 2. Father filed a Complaint in Divorce with a Custody Count on July 16, 2003. A Custody Conciliation Conference was held on August 25, 2003 and was attended by the following individuals: the Father, Robert E. McDonald, and his counsel, Karen L. Koenigsberg, Esquire; the Mother, Lawanda M. McDonald, and her counsel, Stephanie L. Mihalko, Esquire. 3. The parties were not able to reach an agreement with regard to the sharing of custodial time or the choice of school district. Because school starts for the Camp Hill School District, where Father resides, on Wednesday, August 27, 2003, and because school starts for the West Shore School District, where Mother resides, on Tuesday, August 26, 2003, it was necessary for the Custody Conciliator to make an Interim Order for the Court. Because both parties are seeking primary physical custody, it is presumed that the Conciliator's recommendation will not be satisfactory to one of the parties and therefore this Interim Order contains a paragraph providing for a custody hearing. The parties have factual disputes with regard to the status quo since separation. 4. Father's position on custody is as follows: Father seeks primary physical custody during the school year, offering Mother alternate weekends, a sharing of holidays, and primary custody during the Summer school recess. Father believes the children should reside primarily with him because he has been actively involved in their lives, in particular during the period of time when Mother was working second shift. Father also presents a recently published newspaper article reflecting significantly higher scores on standardized NO. 03-3390 CIVIL TERM statewide assessment tests known as "PSSA" in the Camp Hill School District than were achieved in the West Shore School District. Father points out that the parties' five year old child attended Camp Hill schools last year and participated in Girl Scouts there as well. Father works 9:00 a.m. to 5:00 p.m. at Highmark. He raises concerns regarding Mother's short temper and differs with her on the use of spanking as punishment for misbehavior. Father appeared at the Conference with a calendar indicating his representation of the custodial time that the parties have shared since separation in July 2003. 5. Mother's position on custody is as follows: Mother works 6:30 a.m. to 2:30 p.m. She resides in the West Shore School District and has enrolled her oldest daughter to another relationship and the parties' oldest child in Washincjton Heights Elementary School. Mother seeks primary custody of the children and suggests, that Father have one overnight during the week and alternate weekends. She claims that this was the custodial plan that they had been following. Mother points out that the youngest child is only eighteen (18) months old and is in the midst of potty training and making the transition from the bottle to r does not believe that Father ca~ take care of the two younger the sippy cup. M..othe! _ --, ,-,'-'-t to see her older daughter, Chantall, g~ven parental children by himself and aoes ~ut ,-,,~. ' responsibilities during Father's period of custody. Mother does not believe Father is capable of doing the girls hair in the mornings before school. She wilt be available each day after Lauren is dismissed from school at 3:30. Melissa Peel Greevy, F__~'quire ~ bate Custody Conciliator :217595 ROBERT E. MACDONALD, Plaintiff VS. LAWANDA M. MACDONALD, : Defendant : : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COIYNTY, PENNSYLVANIA 03-3390 CIVIL CIVIL ACTION - LAW O_~_~ER AND NOW, this .~ ~ day of October, 2003, upon agreement of Judge Bayley, the captioned matter set for Wednesday, December 17, 2003, at 1:30 p.m., will be heard before the Honorable Edgar B. Bayley in Courtroom Number 2 instead of before the undersigned. BY THE COURT, SS, J. The Honorable Edgar B. Bayley~ ~,'~ aren L Koenigsberg, Esauire For the Plaintiff v/Stephanie L. Mihalko, Esquire ' For the Defendant :rlm ROBERT E. MCDONALD, * Plaintiff, * VS. * LAWANDA M. MCDONALD, * Defendant. * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 03-3390 CIVIL ACTION - LAW CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. The parties hereby agree to share legal custody of the minor children, Lauren C. McDonald, born September 10, 1997 and Jada-Briana N. McDonald, born February 2, 2002. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Mother's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Father's primary responsibility to provide Mother with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 2 II PHYSICAL CUSTODY The parents shall share physical custody of the children. Father shall have primary physical custody during the school year. Mother shall have partial custody during the school year. Mother shall have primary physical custody during summer school recess. Father shall have partial custody during the summer school recess. Failing mutual agreement to the contrary, the following schedule shall apply: During the school year, Father shall have custody from Sunday evenings at 7:00 p.m. until Thursday mornings when the children are taken to school or the daycare provider. Mother will have custody each week from Thursday after work until Sunday at 7:00 p.m. and each Monday, Tuesday and Wednesday from 2:30 p.m. until 5:30 p.m. During the summer school recess, the custodial schedule will reverse from that which is in place during the school year, with Mother having custody from Sunday at 7:00 p.m. until Thursday at the time the children are taken to the daycare provider and Father having custody from Thursday after work until Sunday at 7:00 p.m. During the summer schedule, Mother will have custody of the children on Thursdays and Fridays from 2:30 p.m. until 5:30 p.m. Father shall have custody for Thanksgiving Day from 9:00 a.m. to 3:00 p.m. Mother's custodial period for the Thanksgiving holiday shall begin at 3:00 p.m. Thanksgiving Day and continue through her custodial period. In odd years, Mother will have custody from noon on Christmas Eve until noon on Christmas Day. Father will have custody from noon on Christmas Day until noon on December 26th. In even years, the schedule will reverse and Father will have custody from noon on Christmas Eve until noon on Christmas Day. Mother will have custody from noon on Christmas Day until noon on December 26th. Father's Day weekend from 7:00 p.m. Friday until 8:00 p.m. Sunday with Father every year. 3 Mother's Day weekend from 7:00 p.m. Friday until 8:00 p.m. Sunday with Mother every year. With respect to President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shall have physical custody on the holiday Monday until 8:00 p.m. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The parents are encouraged to place telephone calls to the children between 8:00 p.m. and 8:00 p.m. so as not to interfere with dinner or bedtime. The children shall be permitted free access to place calls to their parents at any time they desire. This Stipulation shall be entered as an Order of the Court. awanoa M. McDonald, D~fendant R(~bert E. McDonald, Plaintiff alan L. K~)enigs6~g, I~sq~ir~ //~ Attoi'ney for Plaintiff n~ifer L. Frechette, Esquire Att0tney for Defendant AGREEME~ /~ AGREEMENT made this//day of ~ , 2003, by and between Robert E. McDonald ("Husband"), of 9 North 29th Street, Camp Hill, Cumberland County, Pennsylvania and Lawanda M. McDonald ("Wife") of 1203 Yverdon Drive, Can) Hill, Cu~erland County, Pennsylvania. WITNESSETH :: WHEREAS, the parties hereto are Husband and Wife, having been married on the sixteenth (16th) day of June in 1996. There was born two (2) children of this marriage, said children being: Lauren C. McDonald, age six (6), and Jada-Briana N. McDonald, age one (1}. The parties have no other issue, living or deceased, and i ihave no adopted children. Wife has another child from a previous iirelatlonshlp whose name is Chantall Garfield, age eleven (11). ii WHEREAS, diverse unhappy differences, disputes and i idifficulties have arisen between the parties and as a result they llhave lived separate and apart since June 28, 2003. A proceeding for the divorce of the parties has been filed by the Plaintiff in the Court of Common Pleas of Cumberland County on July 16, 2003, No. 03-3390. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife; and possible claims by one against the other and against their cespective estates. NOW THEREFORE, in consideration of the above recitals and the nutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows:~ AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the uight of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be availalble to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the ~isputes or unhappy differences which have occurred prior to or ~hich may occur subsequent to the date hereof. Husband filed a mutual consent, no-fault divorce pursuant to zhe terms of Section 3301(c) of the Divorce Code of the Commonwealth of Pennsylvania, and this Agreement is contingent upon the Husband proceeding with said divorce, and Wife filing her Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree thereto upon the expiration of the Naiting period. Said Affidavit and Waiver shall be promptly ~ransmitted to counsel for Husband who will immediately file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. Husband also filed a divorce count based on fault grounds. -2- Upon receipt of a copy of the agreement signed by Wife, Husband agrees to withdraw his claim for divorce under 3301 (a) (6) of the Divorce Code. 2. EFFECT OF DIVORCE DECREE, The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete and final settlement, with reference to each party of: so All of the respective property and property rights of the parties, bo The obligation of each party for the support of the minor children of the marriage, c. The custody of the minor children of this marriage, do The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of ivorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this A~reement under the Divorce -3- ~ode of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. DATE OF ~XECUTION The "date of execution" or "execution date" of this Agreement be defined as the date upon which it is executed by the )arties if they have each executed the Agreement on the same date. )therwise, the "date of execution" or "execution date" of this · reement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support payments, if any, )rovided for in this Agreement shall take effect as set forth in ~his Agreement. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial ~ccuracy of the financial disclosure of the other. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have fully explained to Husband by his counsel, Karen L. Koenigsberg, Esquire. Wife acknowledges that she has the right to choose counsel of her own for a full explanation as to the effect Df the provisions of this Agreement and. she has elected not to do ~o. Wife represents that she fully understands the facts and has fully informed as to her legal rights and obligations and she -4- acknowledges and accepts her legal rights and obligations and acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that she is entering into it freely and voluntarily, after having received advice from counsel, and she acknowledges 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. By signing this document without counsel, Wife acknowledges that she will be bound by the legal rights and obligations set forth herein. Wife acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having chosen not to seek advice of counsel, and she acknowledges 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. seq., whereby the Court has the right and duty to ~etermine all marital rights of the parties including divorce, ~limony, alimony pendente lite, equitable distribution of all narital property or property owned or possessed individually by zhe other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination -5- or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. REAL ESTATE Husband shall retain the unimproved property located in reystone Acres and purchased for $40,000.00 on December 4, 2000. Husband shall either refinance the mortgage on that property or assume the mortgage in his name alone. Upon proof that Husband has obtained financing in his sole name, Wife shall execute a deed ~onveying the property to Husband. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but ~ithout limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other. 11. RETIREMENTS/PENSIONS It is acknowledged that Husband has a 401k that was partially earned during the marriage. The marital portion of this account is $23,627.59. In exchange for the specific releases from marital debt as set forth herein, Wife waives any claim she may have to the retirement account. -6- 12. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: so The 1999 Ford Expedition shall become the sole and exclusive property of Husband, subject to its liens and encumbrances. The 2003 Volkswagen Jetta shall become the sole and exclusive property of Wife, subject to its liens and encumbrances. The titles to the said motor vehicles shall be executed by 5he parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 13. MISCELLANEOUS PROPERTY Ail marital property not otherwise listed in this Agreement shall be hereafter owned by the party to whom the property is titled, and if untitled, by the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 14. LIABILITIES ASSUMED BY WIFE Wife shall assume individual respective debts listed below: responsibility for the -7- So HACC Student Loan--approximate value is less than $2,000.00 as of the date of separation bo Member's First Loan--approximate value of less than $3,000.00 as of the date of separation Wife will hereafter assume the full amount of each respective debt due and owing as of the date of execution hereof, and shall indemnify and hold Husband and his property harmless from any and ~11 liability with respect to the debts hereby assumed by Wife. [5. LIABILITIES ASSU~ED BY HUSBA~-D Husband shall assume individual respective debts listed below: responsibility for the 1. Carlisle Property - $40,000.00 2. Members First Car Loan - $21,000.00 3. Discover Credit Card - $7,000.00 4. Chase Credit Card - $8,000.00 5. Household MasterCard - $6,000.00 6. Visa - $4,000.00 7. Members First Loan - $17,000.00 TOTAL: $103,000.00 Husband will hereafter assume the full amount of each respective debt due and owing as of the date of execution hereof, and shall indemnify and hold Wife and[ her property harmless from any and all liability with respect to the debts hereby assumed by Husband. 16. ASSUMPTION OF ENCUMBRANCES -8- Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, iiencumbrances or liens. Each party in ]possession of property to be l!awarded to the other warrants that all dues, fees, assessments, i!mortgages, taxes, insurance payments and the like attendant to !lsuch'~ property are current, or if not current, notice of any i!arrearages or deficiency has been given to the receiving party iiprior to the execution of this Agreement. 117. LIABILITY NOT LISTED .. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, .iother than those described in this Agreement, for which the party ills or may be liable. A liability not disclosed in this Agreement Nill be the sole responsibility of the party who has incurred or nay hereafter incur it, and each party agrees to pay it as the ~ame shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, Dbligations and liabilities. 18. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated ~eeking to hold Wife liable for the debts or obligations assumed Dy Husband under this Agreement, Husband will, at his sole ~xpense, defend Wife against any such claim, action or proceeding, ~hether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by ~ife in connection therewith. -9- 19. INDEMNIFICATION OF HUSBAI~D If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or )roceeding, whether or not well-founded, and indemnify him and his )roperty against any damages or loss resulting therefrom, Lncluding, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 20. WAIVER OF ALIMONY The parties acknowledge that inflation may increase or ~ecrease, their respective incomes may change, that either may be ~mployed or unemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or otlher economic circumstances, the parties acknowledge that they each have sufficient property and resources to provide for her or h2. s reasonable needs and that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination ~or all time of either party's obligation to contribute to the ~upport and maintenance of the other. It shall be, from the ~xecution date of this Agreement, the sole responsibility of each Df the respective parties to sustain himself or herself without ~eeking any additional support from the other party. 21. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and local 5ax returns required to be filed by Husband and Wife have been -10- filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. Husband and Wife further represent there are no tax deficiencies )roposed or assessed against Husband and/or Wife for such periods, ~nd neither Husband nor Wife executed any waiver of the Statute of ~imitations on the assessment or collection of any tax for such )eriods. 22. TAXES FOR YEAR OF DIVORCE Husband agrees to be liable and obligated and shall timely pay and hold Wife and her property harmless from any liability of Husband for federal income tax (including penalties and interest) as shown on his separate United States individual income tax return for the tax year 2003. Wife agrees to be liable and obligated and shall timely pay and hold Husband and his property harmless from any liability of Wife for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax year 2003. In the event the Internal Rew~nue Service determines an allocation between the parties for federal income taxes for the calendar year 2003, differently from that computed above in this paragraph, then Husband and Wife agree they will allocate liability for their federal income taxes for 2003, between themselves pursuant to the computation under this paragraph. Any difference shall be accounted for between Husband and Wife, and paid for by one to the other, so as to conform to the tax liability allocation herein with any ultimate tax liability determined by the Internal Revenue Service 23. PRESERVATION OF RECORDS -11- Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 24. AFTER-ACQUiRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 25. LEGAL FEES Each party will be responsible for their respective counsel fees and costs involved in securing a 90-day no-fault divorce to be instituted by Husband as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent any breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 26. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Husband and Wife agree and hereby do release and renounce any Elaim they may have against the other party for spousal support, alimony pendente lite, alimony and ma~ntenance. -12- 27. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party ha:cmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this Agreement. 28. WARR/%NTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 29. PROPERTY RELEASE It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed whiclh the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which nay arise under this Agreement or for the breach of any provision uf this Agreement. All property hereunder is transferred subject to all existing encumbrances and liens thereon. The transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that. such other party may suffer -13- ~r may be required to pay on account of such encumbrances or liens. Such party will, at his or her sole expense, defend the 9ther against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the )arties have intended to effect an equitable distribution of their ~ssets. The parties have determined that the division of said property conforms to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the party; the opportunity of each party for futu~e acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. -14- 30. M'OTUA~ RELEASES Husband and Wife each do hereby' mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title aIld interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of ~any former acts, contracts, engagements or liabilities of such iother or by law of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other state, ommonwealth or territory of the United States, or any other ountry, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, ~limony, alimony pendente lite, counsel fees, equitable ~istribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any )rovision of this Agreement. ~1. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were -15- lnmarried. Each may also reside at such place or places as he or ~he may select. Each may, for his or her separate use or benefit, ~onduct, carry on and engage in any business, occupation, )rofession or employment which to him or her may seem advisable. ~ife and Husband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 32. OENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. The support provisions of this Agreement shall take effect immediately upon execution. 33. WAIVER OR MODIFICATION TO BE IN WRITING No modification, recession, amendment 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. Any oral representations or modifications concerning this instrument shall he of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. -16- 34. ~g3TUAL COOPERATION Each party shall on demand execute and deliver to the other !~party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other i documents, and shall do or cause to be done every other act or ~thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 35. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by it shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 36. 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, legal representatives, assigns and successors in any interest of the parties. 37. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations other than those expressly set forth herein. 38. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the -17- opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 39. INCORPORATION OF SCHEDULES Ail Schedules and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body' of it. 40. OTHER DOCU~4ENTATION Wife and Husband covenant and agree that they will forthwith (and within ten (10) days after demand therefore execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writin~[s as may be necessary or desirable for the proper effectuation of this Agreement. 41. NO WAIVER OF DEFAUI~T 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 ~onstrued as a waiver of any subsequent default of the same or ~imilar nature, nor shall it be constructed as a waiver of strict )erformance of any obligations herein. ~2. 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 -18- void, unenforceable or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or [lter the remaining obligations of the parties. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. EXECUTED in quintuplet written. on the day and year first RObert E. McDonald above Lawanda M. McDonald -19- ROBERT E. MCDONALD, : Plaintiff : VS. : : CIVIL ACTION iLAWANDA M. MCDONALD, : NO. 03-3390 Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 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 § 3301(c) of the Divorce Code was filed on July 16, 2003 and served on July 28, 2003. 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 in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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 falsification to authorities. R bert E. Mc~fonaI-d, Plaintiff ROBERT E. MCDONALD, Plaintiff vs. LAWANDA M. MCDONALD, Defendant CIVIL ACTION NO. 03-3390 IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEFENDANT'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 § 3301(c) of the Divorce Code was filed on July 16, 2003 and served on July 28, 2003. 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 in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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: /~ '[R~ - 03 LAwanda M. McD'onald, Defendant ROBERT E. MCDONALD, Plaintiff vs. LAWANDA M. MCDONALD, Defendant CIVIL ACTION NO. 03-3390 IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PRAECIPE TO TP.A~SMIT 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: 3301(c) of the Divorce Code. Irretrievable breakdown under § 2. Date and manner of service of the Complaint: July 28, 2003, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff ~£~ ~; by Defendant 0~6~£ ~ ~0%. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of, Notice in § 3301(c) Divorce filed with the Prothonotary: /~,/ / / Date Defendant's Waivergf~otice in § 3301(c) Divorce filed with the Prothonotary: i/~/~/ /V Respectfully submitted, Date: DISSIN~ERAND DISSINGER Attorney' for Plaintiff 28.N. 32nd Street Camp Hill, PA 17011 717-975-2840 cc: Lawanda M. McDonald Robert E. McDonald IN THE COURT OF COMMON PLEAS Robert E. Plaintiff VERSUS Lawanda M. Mcdonald, Defendant OF CUMBERLAND COUNTY STATE OF ~~¢~ PENNA. Mcdonald, NO. 03-3390 DECREE IN DIVORCE AND NOW, J~?~ v ,¢..7 Robert E. Mcdonald DECREED THAT Lawanda M. Mcdonald AND ~¢?, IT IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. The Agreement of the parties, dated December 3% 20013, is incorporated, but not merged in this Decree. 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; THERE ARE NO OUTSTANDING ISSUES BETWEEN THE PARTIES THAT REMAIN UNRESOLVED. BY THE COURT: ATTE/ PROTHONOTARY