HomeMy WebLinkAbout99-06931b.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
L i
STATE OF PENNA.
N 0. 99
/ - II
VERSUS
DECREE IN
DIVORCE
nj ?y-oy Ir-? x001 @ 1, 010 p.M .
AND NOW, IT IS ORDERED AND
DECREED THAT 'Zet_SG•. 4a, PLAINTIFF,
AND (,U. ?Iill ?N I?Fc?GL?L/!t-? / [J/J/7LiLB4 J. , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
BY
ATTEST:
PROTHONOTARY
?? ? ?
l +.
MARRIAGE SETTLEMENT AGREEMENT
AGREEEMENT DIADE this 0 i day of November 2001, by and
between TERESA KAY IRVIN COPENIIAVER (hcrcinaftcr Wife) and WILLIANI
EDWARD COPENHAVER,.IR. (hereinafter Husband), at Camp Hill, Pennsylvania.
WHEREAS, the parties hereto arc husband and wife having been married on
May 3, 1956, at Lock Haven, Pennsylvania.
WHEREAS, there arc two (2) children born of this marriage; said children being
DUSTIN MATTHEW COPENHAVER and STEPHANIE MARIE COPENI [AVER.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Wife and Husband to live separate and apart
for the rest of their natural lives, and the parties desire to settle hilly and finally their
respective financial and properly rights and obligations as between each other including,
without limitation by specifications: settling of all matters between them relating to the
ownership and equitable distribution of real and personal property; settling ofall matters
between them relating to the past, present and future support, alimony and/or
maintcnancc of Wife by Husband or of IFlusband by Wife; settling of all matters between
them relating to the past, present and future support and/or maintenance of the children;
the implementation of custody/visitation arrangements for the minor children of the
parties; and in general, the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the
mutual promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties,
Wife and Husband, each intending to be legally bound hereby, covenant and agree its
follows:
Divorce and Separation. The parties agree to the entry of a decree in
divorce pursuant to Section 3301(C) of the Divorce Code of 1950. Husband and Wife
shall at all times hereafter have the right to live separate and apart from each other and to
reside from time fo time at such place or places or places as they shall respectively deem
fit, free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be tilt
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of fhc
causes leading to their living apart.
The parties acknowledge that it divorce action has been filed in the Court of
Common Plcas of Cumberland County, Pennsylvania at docket number 99-6931. 'file
parties agree that they will execute Affidavits of Consent and Waivers of Notice of
Intention to Request Entry of it Divorce Decree in the aforementioned matter. 'f'ile
plaintiff shall file it Praccipe to Transmit Record and obtain a divorce decree.
2. Division of Propertv. Husband and Wife agree that if the following
constitutes an equitable distribution of the marital property.
A. Ilusband's Property. The following property shall become the
sole and exclusive property of Husband: Flusbattd agrees that at the time of the signing
of this agreement that all of the property in his possession shall be his cxclusivc property
and all property in the possession of Wife shall be her exclusive property.
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Husband shall be the exclusivc owner of the 1996 Ford Blarcr and shall be solely
responsible for any loans on said vehicle.
B. Wife's Property. 'fhe following property shall become the sole
and exclusive property of Wife: Wife agrees that al the tinnc of the signing of this
agreement that all of the property in her possession shall be her exclusive property and adl
property in the possession of Husband shall be his exclusive property.
Wife shall be the exclusive owner of the 1996 GMC Safari and shall be solcly
responsible for any loans on said vehicle. Husband agrees to cxccutc any documents
necessary to transfer title and loans to W i fc.
3. Tax Refund. The parties have heretofore filcdjoint federal and slate tax
returns. Both parties agree that in the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax is made against either of them,
each will indemnify and hold harmless the other from and against any loss or liability; for
any such tax deficiency or assessment and any interest, penalty and expense incurred in
connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint retums.
4. Additional Documentation. The parties agree to cxccutc any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
5. Transfers Subject to Existing Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
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lien or liens set forth above. The respective transferee of such properly agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumhralice.
6. Representations and Warranties. The parties represent and warrant to
each other that the property described in this Agreement represents all of the property in
which they; have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
7. Equitable Division. By this Agreement the parties have intended to effect
an equitable division of their jointly owned property. The parties have determined that an
equitable division of such property conlbrins to ajust and right standard, with due regard
to the rights of each party. The division of existing mutual 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 finds or other property not constiuning a part
of the marital estate. It is the intent of the parties to treat all transfers herein as non-
taxable.
3. Relinquishment of Rights. Except as expressly provided herein.
Husband forever relinquishes any right, title or interest he may now or hereafter have in
any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes
any right, title or interest lie may now or hereatler have in any tangible or intangible
assets now belonging to Husband.
9. After-Acquired Property. Each of the parties shall hereafter own and
enjoy independently orally claim or right of the other, all items of property. be they real,
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personal or mixed, tangible or intangible, which are hcrcaftcr acquired by hint or hcr,
with full power in him or hcr to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
10. Debts. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: Husband and Wife are not aware of any past duc dchts at the time
of signing of this Agreement. Should any such debts be revealed at a later time. 1 lusbantd
and Wife shall come to a mutual agreement as to the responsible party and how much
each party should be liable for. In the case of a disagreement, the partics may sect: a
legal remedy.
Husband and Wife shall each be solely responsible for all debts in their respective
names, including but not limited to personal loans, charge accounts and credit cards.
Both parties represent and warrant to the other that as of the slate of this Agrcemcnt they
have not incurred, and in the future will not contract or incur, any debt or liability for
which the other or the estate of the other might be responsible.
11. Liabilities. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hcrcaftcr save
harniless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her. as the case nay be, and from all actions, claims
and demands whatsoever will' respect thereto, and front all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the slate of this Agrcemcnt, contract nor incur any debts or liability for which
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the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and loom all expenses, legal costs. and
counsel fees unless provided to the contrary herein.
12. Counsel Fees, Costs and Expenses. Each party shall be responsible Ibr
his or her own legal fees, costs and expenses incurred in connection with their separation
and/or dissolution of their marriage.
13. Alimony. Wife agrees not to seek alimony.
14. Child Support.
A. Husband shall pay to Wil'c for the use, benefit, support and maintenance of
the minor children, the sum of One Hundred Seventy-five Dollars (S 175.00) per week.
The support payments set forth hcrein shall continue until the children shall complete
high school, become emancipated, marry, die or attain age nineteen (19), whichever first
occurs, at which time they will be reduced proportionately. Upon the youngest child's
completing high school, becoming emancipated, marrying, dying, or attaining age
nineteen (19), whichever first occurs, the support payments shall terminate.
B. Husband shall provide Blue Cross, Blue Shield, Major Medical or
equivalent coverage for the benefit of the children for so long as he is obligated to
contribute to their support pursuant to the provisions of this Agreement.
C. Wife acknowledges that the provisions herein made for the support.
maintenance and education of the children are fair, adequate, reasonable in([ satisfactory
to her. The parties agree that in the event of a marital change in the cost of living or the
financial circumstances of either party, or of a change in the present custody
arrangement, the amount of the support payments shall be subject to an appropriate
adjustment by agreement, or if the parties are unable to agree, by a court of competent
jurisdiction.
D. It is specifically and mutually understood and agreed and recognized by
and between !hc parties hereto that Wife shall claim the U.S. Individual Income Tax and
any other federal, state or local income or other tax exemptions for the children and that
Husband will not interfere in any way or take any step or do any act which would
interfere with Wife securing the benefit of such tax exemptions.
E. The parties agree that during any period of seven (7) or more l'onSCCUIIVe
days in which the children are in partial or temporary custody of Husband, that I lusband
shall be entitled to a credit against the payments otherwise required pursuant to this
section of this Agreement as follows: For each fall week, Husband shall reduce the
support payments by fifty (50%) percent of the weekly amount owed. Husband shall be
entitled to no reduction for any period less than seven (7) days consecutive days.
15. College Support. The parties acknowledge and agree that each shall pay
one-half of the college expenses incurred by their children that exceed funds received
from grants, scholarships, children's earnings, educational loans and funds available front
Uniform Gift to Minors Accounts in obtaining a four-year Undergraduate dc_rce. 'rhis
obligation shall continue Until each child reaches the age oftwenty-four (24). or
graduates, whichever first occurs. The parties agree that Husband's responsibilities to
provide college support is conditioned upon the requirement that Husband will not be
obligated to pay any other support, for the same child at the same time.
16. Custodv of Elinor Children. Wife and 1-1Usband agree to abide by the
already existing Stipulation for Custody executed by both parties on March 15. 1999 and
order for Stipulation for Custody dated and executed on Apri123, 1999. attached hereto
as Exhibit "A."
17. Life Insurance. In order to assure that the children born to this marriage
are financially protected should Husband die prior to the children reaching the age of
twenty-four (24) years, Husband shall maintain a life insurance policy designatin; Wifc
as the sole irrevocable beneficiary, in trust, for the children of the parties in the amount of
not less than One-Hundred Thousand Dollars (S1oo,000.00) insuring Husband's life and
Husband shall maintain said insurance until the youngest living child attains the age of
twenty-four (24).
in order to assure that the children born to this marriage arc financially protected
should Wife die prior to the children reaching the age of twenty-four (24) years. Wife
shall maintain a life insurance policy designating Husband as the sole irrevocable
beneficiary, in trust, for the children of the parties in the amount of not less than One-
Hundred Thousand Dollars (5100,000.00) insuring Wife's life and Wife shall maintain
said insurance until the youngest living child attains the age of evenly-four (24).
18. Pull Disclosure. The respective parities do hereby warrant, represent and
declare and do acknowledge and agree that each is and has been fully and completely
inforncd of and is familiar with and cognizant of the wealth, real and/or personal
property, estate and assets, earnings and income of the other and that each has made a full
and complete disclosure to the other of his or her entire assets and liabilities and any
fiurthcr enumeration or statement thereof in this agreement is specifically waiwcd.
19. Releases. Each party does hereby remise, release, quitclaim and Ibrever
discharge the other and the estate of the other from any and every claim that each other
may now have, or hereafter have or can have at any time, against the other, or in and to or
against the other's estate, or any part thereof, whether arising out of any lixmcr contracts,
engagements or liabilities of the other, or by way of dower or claim in the nature of
(lower, widow's rights, or under the intestate laws, or the right to take against each
other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this agreement.
20. Indemnification. Each party represents and warrants to the other that he
or site has not incurred any debt, obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable. Each party covenants and
agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the
other party liable for any other debts, obligations, liability, act or omission ol'such party,
such party will at his or her sole expense, defend the other against any such claim Or
demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, costs, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indenutity, resulting to Husband or Wilc firom any
inaccurate representation made by or on behalf of either Husband or Wilb to the other in
this Agreement, any breach of any of the warranties made by Husband or Wife in this
agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or institute against either
party which might constitute the basis for a claim for indemnity pursuant to the terms of
this Agreement.
21. General Provision. This Agreement constittrtcs the entire understanding
of the parties and supersedes any and all prior agreements and negotiations between
them. There are no representations or warranties other than those expressly set forth
herein.
22. Fair and Equitable Contents. The provisions of this Agreement and
their legal effect are understood by Husband and Wife. Each party confirms that he or
she fully understand the temis, conditions and provisions of this Agreement and believes
them to be fair, just, adequate and reasonable under the existing circumstances. The
parties further confirm that each is entering into this Agreement freely and voluntarily
and that the execution of this Agreement is not the result of any duress, undue influence,
collusion or improper or illegal agreement or agreements.
23. Breach. It is expressly stipulated that if cither party fails in the due
performance of any of bis or her marital obligations under this Agreement, the other party
shall have the right, at his or her election, to site for damages for breach tbercol; to site
for specific perfornamcc or to seek any other legal rennedies as may be available, and the
defaulting party shall pay the reasonable legal fees for any services rendered by the non-
defaulting party's attorney in any action or proceeding to compel performance hereunder.
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24. Execution of Documents. Each party shall on demand execute any other
documents that may be necessary or advisable to carry out the provisions ofthis
Agreement.
25. Mollification. No modification, rescission or antcntlmcnt to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
26. Severability. In any provision of this Agreement is held by Court of
compctcnt jurisdiction to be void, invalid or unenforceable, the remaining provisions
hereof shall nevertheless survive and continue in fall force and effect without being
impaired or invalidated in any way.
27. Applicable Law. This Agrcement shall be construed under the laws of
the Commonwealth of Pennsylvania.
28. Merger. In the event that either of the parties shall recover a final
judgement or decree of absolute divorce against the other in a court of compctcnt
jurisdiction, the provisions of this Agreement shall be merged into such judgement or
decree and shall become part thereof as the Order of the Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
clay and year first above written.
Witness:
-T RES KAY IWVIN C0ft-NI-IAVr
WILLIAM ED 3 . f?
VERIFICATION
I verify that the statements made in this Marriage Settlement Agreement are true
and correct. I understand that Use statements herein are made subject to the Penalties of
IS pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: Teresa Kay Irv' Copenhav?i
12
N?
COMMONWEALTH OF PENSYLVANIA
. SS.
COUNTY OF CUMBERLAND
Personally appeared before my, it Notary Public in and for the aforesaid
ConnnODwcal th and County, TERESA KAY IRVIN COPENHAVER, who being duly
sworn according to law deposes and says that she is a party of the foregoing Agreement
and she executed same for the purposes therein contained.
Witness my hand and seal this _,? clay of JIL e »w ,5cr .2001.
Notary
My Commission Expires: /
Notarial Seat
Natltlew A. Roth, Notary Public
Manlehn, Dauptiln fgwty
COMMONWEALTH OF PENSYLVANIA,Exptresauy27.zoa¢
Member. Pwr.VNaNe AeW*OCn Of Mot&la
. SS.
COUNTY OF CUMBERLAND
Personally appeared before my, a Notary Public in and for the aforesaid
Commonwealth and County, WILLIAM EDWARD COPENHAV ER, JR., who being
duly sworn according to law deposes and says that she is a party of the foregoin;
Agreement and he executed same for the purposes therein contained. /
Witness my hand and seal this 2C) -4 clay of VO d? )n 2c-<. 3001.
My Commission Expires: /
Notarial sea
{(btltleen A. FWUi, idotroy Pu!;e:
Harrfaburg, Dr. Ir JuY2rA2
Orly CopyttL alon Pxp -
13 Mambo6 pon 4$,e& Awoclatbn 01 Naffilee
Exhibit "A"
14
A
TERESA X. COPENHAVER,
Plaintiff
V.
WILLIAM E. COPENHAVER, JR.,
Defendant
ORDER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 97 '" o?a /4 (_IV t?
CIVIL ACTION - LAW
AND NOW, this 0? -5 day of Q 1999, having
reviewed the Petition for Custody and the parties' Stipulation in this
matter, the Court is satisfied that the best interests and welfare of
the children of the parties, Dustin M. Copenhaver, born September 30,
1986, and Stephanie M. Copenhaver, born October 2, 1988, will be served
by the following:
a. Legal custody of the children shall be shared by the
parties.
b. Primary physical custody of the children shall be enjoyed
by Mother, Plaintiff, Teresa K. Copenhaver.
C. Partial physical custody of the children shall be enjoyed
by Father, Defendant, William E. Copenhaver, Jr. for the
purpose of visitation in accordance with the following
schedule:
i. Father shall enjoy partial physical custody of the
children on alternate week-ends. During Father's
designated weekends, his visitation shall begin at 6:00
p.m., Friday and extend until 6:00 p.m. Sunday, or such
other time as the parties may agree based on the work
schedules of the parties. Father's first weekend of
custody in accordance with this schedule shall begin on
February 26, 1999.
ii. Father shall be entitled to two uninterrupted weeks
of physical custody every summer. Father shall
provide Mother with at least fourteen (14) days
notice of the dates and times on which he chooses to
exercise this period of physical custody. The
selection of such dates shall be subject to Father's
prior notice to Mother, if any, of his vacation
plans.
iii. On Father's Day each year.
iv. On alternate Christmas holidays from 12:00 p.m.
Christmas Eve until 12:00 p.m. Christmas Day, in one
year, and from 2:00 p.m. on Christmas Day until 12:00
p.m. December 26th in the next year. Father shall
enjoy the first year's schedule for Christmas in the
year 2000.
v. On Thanksgiving Day each year from 3:00 p.m. until 10:00
a.m. the following day. On alternate years Thanksgiving
weekends beginning at 6:00 p.m. Friday and extending
until Sunday night at 6:00 p.m. with visitation for
Father for Thanksgiving weekend starting in the year
1999.
vi. On other holidays and during school breaks, including
the Christmas and Thanksgiving school holidays, on a
mutually agreed shared basis with Father, taking into
consideration the work schedules of the parties and
the activities of the children.
vii. At other times upon mutual agreement of the parties.
d. Notwithstanding Father's schedule of partial custody set
forth above, Mother shall be entitled to custody of the
children:
i. Mother shall be entitled to two uninterrupted weeks of
physical custody every summer. Mother shall provide
Father with at least fourteen (14) days notice of the
dates and times on which she chooses to exercise this
period of physical custody. The selection of such dates
shall be subject to Mother's prior notice to Father, if
any, of her vacation plans.
ii. On Mother's Day each year.
iii. At other times upon mutual agreement of the parties.
e. The parties shall, to the maximum extent possible, share
custody of the minor children on the children's
birthdays, and to allow the noncustodial party access to
the children when convenient to the custodial parent.
Fry
f. The parties shall cooperate to the maximum extent
possible in their efforts to serve the best interests of
the children in their parenting decisions.
g. This partial custody schedule is established in
recognition of Mother's and Father's work schedules.
Upon a change in Mother's or Father's work schedules,
this partial custody schedule shall be subject to
modification by agreement of the parties, or by this
honorable Court.
h. The parties shall not relocate the children from this
jurisdiction unless mutually agreed by the parties or
upon further order of Court.
BY THE COURT:
J.
TRUE C.^-PY FROM GECOPE) d
In T:-;t m ..-.. : :1
and ilia s,4 of said Court at Carlisle, Pa.
This ...o?'atq',...r'day of...l. Ctan4C ., 19...
4..? ..............
Prothonotary
!r
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{
5027.3-4/Stipulation for Cl tod' '-LA/tke 03/15/99 10:14am
TERESA K. COPENHAVER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMERLAND COUNTY, PA
V. NO. 44'- as?? l?[UC c?/LJ?
WILLIAM E. COPENHAVER, JR., CIVIL ACTION - CUSTODY
Defendant
STIPULATION FOR CUSTODY
b !:>
AND NOW, this As A day of March, 1999, tha,jparties:
[77,
;i
hereto enter into a Stipulation For Custody as followscrl
". r
WHEREAS, the parties hereto are Wife and Husb'aRd vl o ham
agreed to separate and to live separate and apart; and Z ^
WHEREAS, the parties are the parents of Dustin M.IO
Copenhaver, date of birth, September 30, 1986, and Stephanie M.
Copenhaver, date of birth, October 2, 1988; and
WHEREAS, the parties have reached an agreement regarding the
best interests of their minor children, Dustin M. Copenhaver and
Stephanie M. Copenhaver.
NOW THEREFORE, Plaintiff and Defendant stipulate and agree
that the best interests and welfare of their said children will be
served by the following:
1. The Plaintiff Teresa K. Copenhaver currently resides at
1700 Dighton Street, Camp Hill, Cumberland County, Pennsylvania 17011,
since August 1994.
2. The Defendant William E. Copenhaver, Jr. currently
resides at 139 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania
17043, since February 1999.
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3. Plaintiff seeks shared legal and primary physical
custody of Dustin M. Copenhaver and Stephanie M. Copenhaver all
currently residing at 1700 Dighton Street, Camp Hill, Cumberland
County, Pennsylvania 17011.
4. The children were not born out of wedlock.
5. The children are presently in the custody of their
Mother, the Plaintiff.
During the past five years, the children have resided
with the following persons and at the following addresses:
From February 1999 to present: with Plaintiff, Teresa K.
Copenhaver, at 1700 Dighton Street, Camp Hill, Cumberland
County, Pennsylvania 17011.
From August 1994 to February 1999: with Plaintiff, Teresa K.
Copenhaver, and Defendant, William E. Copenhaver, Jr., at
1700 Dighton Street, Camp Hill, Cumberland County,
Pennsylvania 17011.
From June 1989 to August 1994: with Plaintiff,
Teresa K. Copenhaver, and Defendant, William E.
Copenhaver, Jr., at R.D. #1 Box Al-319, Lock
Haven, Clinton County, Pennsylvania 17745.
6. The Mother of the children is the Plaintiff. She is
married to the Defendant. The parties are presently living separate
and apart.
7. The Father of the children is the Defendant. He
currently lives alone.
8. Neither party has participated as a party or witness,
or in another capacity, in other litigation concerning the custody of
the children in this or another Court.
9. Neither party has any information of a custody
proceeding concerning the children pending in a Court of this
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Commonwealth or any jurisdiction.
10. Neither party knows 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.
11. The best interest and permanent welfare of the children
will be served hereby because both parties are loving parents able to
care for the children. The proposed relief granting Plaintiff primary
custody will afford the children the maximum stability in their home
environment. The proposed schedule of partial custody and visitation
will accommodate Defendant's work schedule and will afford the
Defendant liberal contact with his children.
12. 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. There are no
other persons who are known to have or claim a right to custody or
visitation of the children.
13. The parties agree to submit this Stipulation to the
Court with the following terms being made part of an Order of Court
for custody in the above-captioned matter:
a. Legal custody of the children shall be shared by
the parties.
b. Primary physical custody of the children shall be
enjoyed by Mother, Plaintiff, Teresa K.
Copenhaver.
C. Partial physical custody of the children shall be
enjoyed by Father, Defendant, William E. j
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?7
r..
Copenhaver, Jr. for the purpose of visitation in
accordance with the following schedule:
Father shall enjoy partial physical custody
of the children on alternate week-ends.
During Father's designated weekends, his
visitation shall begin at 6:00 p.m., Friday
and extend until 6:00 p.m. Sunday, or such
other time as the parties may agree based on
the work schedules of the parties. Father's
first weekend of custody in accordance with
this schedule shall begin on March 26, 1999.
ii. Father shall be entitled to two uninterrupted
weeks of physical custody every summer.
Father shall provide Mother with at least
fourteen (14) days notice of the dates and
times on which he chooses to exercise this
period of physical custody. The selection of
such dates shall be subject to Father's prior
notice to Mother, if any, of his vacation
plans.
iii. On Father's Day each year.
iv. On alternate Christmas holidays from 12:00
p.m. Christmas Eve until 12:00 p.m. Christmas
Day, in one year, and from 2:00 p.m. on
Christmas Day until 12:00 p.m. December 26th
in the next year. Father shall enjoy the
first year's schedule for Christmas in the
year 2000.
V. On Thanksgiving Day each year from 3:00 p.m.
until 10:00 a.m. the following day. On
alternate years Thanksgiving weekends
beginning at 6:00 p.m. Friday and extending
until Sunday night at 6:00 p.m. with
visitation for Father for Thanksgiving
weekend starting in the year 1999.
vi. On other holidays and during school breaks,
including the Christmas and Thanksgiving
school holidays, on a mutually agreed shared
basis with Father, taking into consideration
the work schedules of the parties and the
activities of the children.
vii. At other times upon mutual agreement of the
parties.
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d. Notwithstanding Father's schedule of partial
custody set forth above, Mother shall be entitled
to custody of the children:
i. Mother shall be entitled to two uninterrupted
weeks of physical custody every summer.
Mother shall provide Father with at least
fourteen (14) days notice of the dates and
times on which she chooses to exercise this
period of physical custody. The selection of
such dates shall be subject to Mother's prior
notice to Father, if any, of her vacation
plans.
ii. On Mother's Day each year.
iii. At other times upon mutual agreement of the
parties.
e. The parties shall, to the maximum extent possible,
share custody of the minor children on the
children's birthdays, and to allow the
noncustodial party access to the children when
convenient to the custodial parent.
f. The parties shall cooperate to the maximum extent
possible in their efforts to serve the best
interests of the children in their parenting
decisions.
g. This partial custody schedule is established in
recognition of Mother's and Father's work
schedules. Upon a change in Mother's or Father's
work schedules, this partial custody schedule
shall be subject to modification by agreement of
the parties, or by this honorable Court.
h. The parties agree that the children will not be
- 5 -
relocated from this jurisdiction unless mutually
agreed.
The Plaintiff and Defendant do verify that they stipulate as
set forth above and that the statements herein are true and correct to
the best of their knowledge and information and belief. Plaintiff and
Defendant understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to
authorities.
This Stipulation for Custody shall be construed under the
laws of the Commonwealth of Pennsylvania.
Plaintiff and Defendant acknowledge that they have read and
understand this Stipulation.
Plaintiff has bee represented by LeRoy Smigel. Defendant
has had an opportunity to obtain counsel but has determined that he
understands the agreement and does not wish to be represented by
counsel in this matter.
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'Teresa K. Cope ver, Pl?aintiff William E. openhaver, Jr.,
-91
Defendant
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TERESA KAY IRVIN COPENHAVER,
PLAINTIFF
V.
WILLIAM EDWARD COPENHAVER, JR.:
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PA
No. 99-6931
CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court f'or
entry of a divorce decree:
Ground for divorce: irretrievable breakdown under §3301(c) of the
Divorce Code.
2. Date and manner of service of the Complaint: The Complaint was hand-
delivered and served on the defendant on November 21, 1999 as evidenced by an
Acceptance of Service executed by defendant on November 21, 1999.
3. (a). Date of execution of the affidavit of consent required by §3301(c)
of the Divorce Code: by plaintiff November 20, 2001; by defendant November 20, 2001.
(b)(1). Date of execution of the affidavit required by §3301(d) of the
Divorce Code: N/A;
(b)(2). Date of filing and service of the plaintiffs affidavit upon the
respondent: N/A.
4. Related claims pending: None.
5. (a). Date and manner of service of the notice of intention to file
praccipe to transmit record, it copy of which is attached: N/A.
(b). DateplaintiffsWaiver of Notice in§3301(c)Divorce was filcd
with the Prothonotary: A copy is attached hereto and is being filed simultaneously with
this Praccipe.
(c). Date defendant's Waiver of Notice in §3301(c) Divorce was filed
m.,,.,
with the Prothonotary: A copy is attached hereto and is being filed sinuillaneously will)
this Pmecipe.
Date: v/ I3y. /_
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TERESA KAY IRVIN COPENHAVER,
PLAINTIFF
V.
WILLIAM EDWARD COPENHAVER, JR.,
DEFENDANT
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PA
NO. (1-4j -- l031 l' t?' L
CIVIL ACTION-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 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, Cumberland
County Courthouse, Carlisle, Pennsylvania, 17013.
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
j ADIERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the Court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing of business before the Court.
smw
15037.24/tke//Divorce ComplainiNoeernbcr 10, 1999 11:51 AM
TERESA KAY IRVIN COPENHAVER,
PLAINTIFF
V.
WILLIAM EDWARD COPENHAVER, JR.,
DEFENDANT
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PA
NO. 9 ci•G99J C -
CIVIL ACTION - DIVORCE
DIVORCE COMPLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, Teresa Kay Irvin Copenhaver, by her attorneys, SMIGEL,
ANDERSON & SACKS, and represents as follows:
COUNTI
DIVORCE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is TERESA KAY COPENHAVER, a/k/a TERESA IRVIN
COPENHAV ER, who currently resides at 1700 Dighton Street, Camp Hill, Cumberland County,
Pennsylvania, and has resided there since on or about August, 1994.
2. Plaintiffs Social Security No. is 211-56-4281.
3. Defendant is WILLIAM EDWARD COPENHAVER, JR., who currently resides
in Lebanon County, Pennsylvania, with a mailing address of P.O. Box 239, Ono, Pennsylvania,
and has resided there since on or about October, 1999.
4. Defendant's Social Security No. is 183-54-7327.
5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least six (6) months immediately previous to the filing of this Complaint.
6. The Plaintiff and Defendant were married on May 3, 1986, at Lock Haven,
Clinton County, Pennsylvania.
7. There have been no prior actions of divorce or for annulment between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling.
10. Plaintiff avers that there are children of the parties under the age of 18, namely:
DUSTIN MATTHEW COPENHAVER born 9/30/86
STEPHANIE MARIE COPENHAVER born 10/2/88
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
COUNT II
ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE
11. Plaintiff repeats and realleges the averments of paragraphs I through 10, which
are incorporated by reference herein.
12. Plaintiff requires support to adequately maintain her lifestyle in accordance with
the standard of living established during the marriage.
WHEREFORE, Plaintiff requests the Court to award her reasonable alimony pursuant to
Section 3701 of the Divorce Code.
-1) -
COUNT III
MAINTENANCE OF LIFE INSURANCE UNDER SECTION 3502(d)
13. Plaintiff repeats and reallegcs the averments of paragraphs 1 through 12, which
are incorporated by reference herein.
14. Plaintiff is the owner of a life insurance policy or policies for which Defendant is
the designated beneficiary or has been the designated beneficiary during the marriage.
15. Defendant is the owner of a life insurance policy or policies for which Plaintiff is
the designated beneficiary or has been the designated beneficiary during the marriage.
16. In order to assure that the children born to this marriage are financially protected
should Defendant die prior to the children reaching the age of twenty-one (21) years, Defendant
should be directed to maintain a life insurance policy naming the Plaintiff as the beneficiary, in
trust, for the children in the amount of One Hundred Thousand Dollars (5100,000.00)
WHEREFORE, Plaintiff requests the Court to enter an Order directing Defendant to
maintain a life insurance policy insuring his life designating Plaintiff as irrevocable beneficiary,
in trust, for the children of the parties in the amount of One Hundred Thousand Dollars
($100,000.00).
COUNT IV
ALIMONY PENDENTE LITE, COSTS AND
EXPENSES UNDER SECTION 3702
17. Plaintiff repeats and realleges the averments of paragraphs 1 through 16, which
are incorporated by reference herein.
18. Plaintiff has no adequate means of support to sustain herself during the course of
this litigation.
3-
19. Plaintiff does not have sufficient funds to pay for costs or expenses incidental to
this action.
WHEREFORE, Plaintiff requests the Court to award alimony pendente lite, costs and
expenses.
COUNT V
EQUITABLE DISTRIBUTION
20. Plaintiff repeats and realleges the averments of paragraphs 1 through 19 which are
incorporated by reference herein.
21. Plaintiff and Defendant possess various items of both real and personal marital
property which is subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property
after inventories and appraisements have been filed by the parties.
Date: ft -lO-T?
Respectfully submitted,
SMIGEL, ANDERSON & SACKS
By: ,
LeRoy Smi 1, Esquire I.D. 09617
-4 ?9
2917 North Front Street
Harrisburg, PA 17110-1260
(717) 234-2401
Attorneys for Plaintiff
-4-
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unswom falsification to authorities.
Date: P ?/, a 2 Z?'
Teresa Kay m Cope er
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PLAINTIFF
V.
WILLIAM EDWARD COPENHAVER, JR.,
DEFENDANT
IN THE COURT OF COMMON
CUMBERLAND COUNTY, PA
NO. 99-6931 Civil
CIVIL ACTION- DIVORCE
CERTIFICATE OF SERVICE
I, LeRoy Smigel, Esquire, hereby certify that a true and correct copy of Divorce
Complaint Under Section 3301(c) of the Divorce Code was served upon the Defendant was
hand-delivered on November 21, 1999.
Defendant has accepted service of the Divorce Complaint as evidenced by the attached
Acceptance of Service.
Date: if , 'Z2' k 5
SMIGEL, ANDERSON & SACKS
By:
LeRoy Snu ,el, Esquire
ID9 09617
'_917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Plaintiff
TERESA KAY IRVIN COPENHAVER,
PLAINTIFF
V.
WILLIAM EDWARD COPENHAVER, JR.,
DEFENDANT
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PA
NO. 99-6931 Civil
CIVIL ACTION - DIVORCE
ACCEPTANCE OF SERVICE
AND NOW conics William E. Copenhaver, Jr., Who, pursuant to Pa.R.C.P. No.
402(b), states: I accept service of the Divorce Complaint Under §3301(c) of the Divorce
Code in the above captioned matter.
Date:l I-a 1- 99
William E. Copenhaver, Jr., Defendant
LIA
TERESA KAY IRVIN COPENHAVER.
PLAINTIFF
WILLIAM EDWARD COPENHAVER, .IR.
DEFENDANT
IN THE COURT OF CO\I\,ION PLEAS
CUNIBER!.AND COUNTY. 13A
No. 99-6931
CIVIL ACTION- DIVORCE
AFFIDAVIT OF CONSENT
A complaint in divorce under §3301(c) of the Divorce Code was filed on
November 16, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify Ili-it the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of I S PaC.S.
§4904 relating to unsworn falsification to authorities.
n
Date: 11-7z-0 1 By: ?--
Teresa Kay vin Cop-c aver
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TERESA KAY IRVIN COPENHAVER.
PLAINTIFF
V.
WILLIAM EDWARD COPENHAVER, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PA
No. 99-6931
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER §3301(0) OF THE DIVORCE CODE
I consent to the entry or 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. 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.
I verify that the statements made in this affidavit arc true and correct. I
understand that false statements herein arc made subject to the penalties of IS PaC.S.
§4904 relating to unswom falsification to authorities. /111
Date: 11-7,0-0 ByJ? 16a Z
Teresa Kay frvin Cop iavcr
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TERESA KAY IRVIN COPENHAVER.
PLAINTIFF
V.
WILLIAM EDWARD COPENHAVER, JR.
DEFENDANT
IN THE COURT OF COM\,ION PLEAS
CUMBERLAND COUNTY. PA
No. 99-6931
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT.
1. A complaint in divorce under §3301(c) ofthe Divorce Code was filed on
November 16, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
1 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 PaC.S.
§4904 relating to unswom falsification to authorities.
Date: 1 l 7 ° ° / By: I4l1, gzc-?- z
William Edward
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fERESA KAY IRVIN COPENFIAVER. IN THE COURT' Of CO\I\-ION PLEAS
CUMBERLAND COUNTY. PA
PLAINTIFF
No. 99-6931
v.
WILLIAM EDWARD COPENI-IAVER,.IR.: CIVIL ACTION - DIVORCE
DEFENDANT
WAIVERO! DEC NREE UONDERC33010C OFT DIVORCE CODE `111`
1. 1 consent to the entry of a final decree of divorcc without notice.
1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if 1 (10 not claim them before a divorce is granted-
3. 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.
I verify that the statements made in this affidavit arc true and correct. I
understand that false statements herein arc made subject to the penalties of I S PaC.S.
§4904 relating to unsworn falsification to authorities.
By. ?f l'
Date: William Edward Copenhavcr 1 .
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TERESA KAY IRVIN COPENHAVER,
PLAINTIFF
v.
WILLIAM EDWARD COPENHAVER, .IR.
DEFENDANT
IN'rIIE COURT OF CONIN40N PLEAS
CUMBERLAND COUNTY. PA
No. 99-6931
CIVIL ACTION - DIVORCE
AFFIDAVIT OF NON-d11L1'rARY SERVICE
COMMONWEALTH OF PENNYSLVANIA
SS.
CONTY OF CUMBERLAND
Plaintiff, being duly sworn according to law, deposes and says that she is (lie
Plaintiff in the above captioned matter; that she personally know the Defendant is over
the age of IS years; and that he currently resides at 416 Meadow Drive, Camp I lill. PA
17011.
Plaintiff further avers that Defendant is not in the Military Service or in any
branch of the armed forces of the United States or its Allies or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its
Amendments.
By: Z?ili
Teresa Kay 1 'in Copcnl vcr, plauuill
Sworn to and subscribed before me this ?Q 'day of o y e Sri le e.2001.
My commission expires:
Ptota" seal
tJdary my Pub9c
My CNTvdssfon msJuu;yy 27, zooz
Memnon. PMMyNanta 0.ssocNtion 01 Notauas
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TERESA KAY IRVIN COPENHAVER,
PLAINTIFF
WILLIAM EDWARD COPENHAVER, .IR.
DEFENDANT
IN THE COURT OF C(M]NION PLEAS
CUMBERLAND COUNTY, PA
No. 99-6931
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
1, Tcresa Kay Irvin Copenhaver, hereby certify that a true and correct copy of the
Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3 301(c) of
the Divorce Code, Affidavit of Consent and Praccipc to Transmit Record was served
upon the Defendant via hand-delivery on November 9? 2001.
Defendant has accepted service of the aforementioned documents as evidenced by
the attached Acceptance of Service.
Date: 11-7,0-01 By:
Teresa Kay vm Copen . ver, pro se
fy? .-
TERESA KAY IRVIN COPENHAVER,
PLAINTIFF
WILLIAM EDWARD COPENHAVER, JR.
DEFENDANT
IN THE COURT OF CONIMON PLEAS
CUMBERLAND COUNTY, PA
No. 99-6931
CIVIL ACTION -DIVORCE
ACCEPTANCE OF SERVICE
AND NOW comes William Edward Copenhaver, Jr., who, pursuant to Pa.R.C.P.
No. 402(6), states: I accept service of the Waiver of Notice of Intention to Request Entry
ofa Divorce Decree Under §3301(c) ofthc Divorce Code, Affidavit of Consent and
Praccipc to Transmit Record.
Date: I k- po - O I By:
William Edward op nhavcr, I
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TERESA KAY IRVI CO VER ,
NT FF
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PA
NO. 99-6931 CIVIL
V.
WILLIAM EDWARDDCO ENHAV R, JR.,
ENDANT
CIVIL ACTION - DIVORCE
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of the undersigned as counsel for Plaintiff in the
above-captioned action.
Date: November 7, 2001
SMIGEL, AN ERRSON & StC,KS, LLP
By:
LeRoy Smigel, Esquire ID #09617
2917 North Front Street
Harrisburg, PA 17110-1260
Phone: 717-234-2401
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned as acting pro se in the above-captioned
action.
Date: ,? / O/
eresa Kay Irv' '-Copenhave , Plaintiff
Address: __/ J ()
S??iyn "///z Phone: 111 7 / S S -7'1
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