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HomeMy WebLinkAbout99-07492Flo" y u iI Z 0 h V Z Ind%`5' a 24v RICHARD E. ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA ROXANNE M. REESE, IN CUSTODY Defendant. ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before X. Esquire, the Conciliator, on the a \ day of p at q' S6 o'clock U .m., in t,1M t?? (114 1,,; VryA (O CCU, t t"4F Cumberland County, Pennsylvania, 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 shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a Temporary or Permanent Order. BY THE COURT, Date: bPo 1l<, N94 Custody Conclliat r YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, 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 lead 72 hours prior to any hearing or business before the Court. BY THE COURT: Date: A2-o -o- I . RICHARD E. ANDERSON, Plaintiff, vs. ROXANNE M. REESE, Defendant. AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN CUSTODY ORDER OF COURT day of in consideration of Plaintiffs Petition, a rule is issued upon Defendant to show cause why she should not be held in contempt of Court for violation of the existing Custody Order. Rule returnable days after service. BY THE COURT: RICHARD E. ANDERSON, Plaintiff, vs. ROXANNE M. REESE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 %. 7'1 9 z 7-?- IN CUSTODY COMPLAINT FOR CUSTODY, PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT AND PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, RICHARD E. ANDERSON, through his attorneys, FLOWER, FLOWER & LINDSAY, and avers the following: 1. The Plaintiff is an adult individual, residing at 108 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is an adult individual, residing at 2026 North Street, Harrisburg, Dauphin County, Pennsylvania 17101. 3. The Plaintiff seeks custody of STEVIE K. ANDERSON, who resides at 2026 North Street, Harrisburg, Dauphin County, Pennsylvania 17101, who was born June 2, 1995, and is presently 4 years of age. The child was not born out of wedlock. The child is presently in the custody of Defendant, ROXANNE M. REESE, who resides at 2026 North Street, Harrisburg, Pennsylvania 17101. During the past five years, the child has resided only with Defendant, or with Defendant and Plaintiff together while they were cohabiting. The mother of the child is Defendant, ROXANNE M. REESE, currently residing at 2026 North Street, Harrisburg, Pennsylvania 17101. She is divorced. The father of the child is Plaintiff, RICHARD E. ANDERSON, currently residing at 108 Big Spring Terrace, Newville, Pennsylvania 17241. He is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with his wife, DEBORAH ANDERSON. 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the child in question at 2026 North Street, Harrisburg, Pennsylvania 17101. 6. Plaintiff has participated as a party in other litigation concerning the custody of the child in another jurisdiction. The parties were divorced by Order of the Honorable Vernon D. Roof of the Court of Common Pleas of Cameron County, Pennsylvania, by Decree dated January 25, 1999, to No. 98-5592, which Decree incorporated by reference a Separation and Property Settlement Agreement dated September 15, 1998, a copy of which Decree is incorporated herein and attached hereto as Exhibit "A". 7. Said Agreement provides in Article VI that the parties shall share custody of the child and that the Father shall have partial custody from 6:00 p.m. on Friday until 8:00 p.m. II on Sunday, on alternating weekends. The Agreement further provides for alternating holidays with the exception of Christmas, which is divided, and is silent with respect to additional periods of partial custody. 8. The Agreement further provides at paragraph 3.7 that Wife was to transfer to Husband, Husband's clothing, tool box, two rifles and miscellaneous automotive, hand and power tools. 9. The Plaintiff has no information of a custody proceeding concerning the pending in a court of the Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings who. has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the will be served by granting the relief requested because modification of the existing Custody Order, as set forth in more detail below, will provide stability and security to the child in question, and will not deny her the right to spend time with her father. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the to the Plaintiff. PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT 8. In spite of repeated requests, Defendant has to date not transferred to Plaintiff the aforesaid items of personal property. 9. Defendant has repeatedly and willfully acted in a manner contrary to the Agreement of the parties and the Court's Order with respect to Husband's right of partial custody, specifically as follows: A. On Friday, October 8, 1999, Plaintiff made arrangements with Defendant to pick up their daughter at 6:00 p.m. in Harrisburg. Plaintiff arrived at Defendant's home at that time, and Defendant and the parties' daughter were not home, and Plaintiff was denied this period of partial custody. B. Plaintiff and Defendant had traded weekends for custody and agreed that Plaintiff would have their daughter the weekend of September 17, 1999. When Plaintiff arrived to pick up his daughter at 6:00 p.m. at Defendant's home, neither Defendant nor her daughter were home, and Plaintiff was denied this period of partial custody. C. On July 2, 1999, the parties agreed that Plaintiff would pick up their daughter at Defendant's home at 6:00 p.m. Plaintiff had to work later than anticipated and was not permitted to make a long distance call from work to advise of the delay. He arrived at 7:30 p.m. at Defendant's home. He was met at the door by Defendant's boyfriend who advised that Defendant and their daughter were not at home. Plaintiff was later advised by the child that she was, in fact, at home when he came to pick her up, and Plaintiff was denied this period of partial custody. PETITION FOR MODIFICATION OF CUSTODY ORDER 10. Plaintiff requests that the present Court Order pertaining to custody of the aforesaid child be modified or clarified to include the following provisions: A. With respect to the biweekly visitation, transportation should be shared, such that Plaintiff picks up the child at Defendant's residence on Friday, and Defendant picks up the child at Plaintiffs residence on Sunday. Defendant will not require Plaintiff to be there when she picks up the child of the parties, but will pick up the child from Plaintiffs wife, DEBORAH as well. B. Plaintiff shall have partial custody of the child for one-half of the summer vacation. Unless the parties negotiate a different arrangement, they will each have partial custody of the child for alternating one week periods of time throughout the summer. C. Plaintiff must be immediately advised by Defendant of any change in the child's residence. D. Plaintiff must be consulted and must approve any change in the day care arrangements for the child, and must be notified of any changes within 48 hours before the change. E. The provisions for holidays shall remain the same with the exception of Christmas. Plaintiff shall have partial custody of the child from Christmas Eve until Christmas night. Defendant will have the same period of partial custody in December of 2000, and this will alternate from year to year. WHEREFORE, the Plaintiff requests that a Rule be issued upon Defendant to show cause why she should not be held in contempt for violation of the Court Order, and requests the modification of the Custody Order as set forth above. FLOWER, FLOWER & LINDSAY Attorneys for Plaintiff B`% Date: December /3 , 1999 James D. Flower, Jr. 11 East High Street Carlisle, PA 17013 (717) 243-5513 I.D. No. 27742 VERIFICATION I, RICHARD E. ANDERSON, the undersigned, hereby verify that the statements made herein 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. L, l Richard . Anderso Date: ;I i I ROXANNE M. ANDERSON, Plaintiff vs. RICHARD E. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA No. 98-5592 : CIVIL ACTION - LAW : IN DIVORCE DECREE IN DIVORCE AND NOW, the 25 day of d? V 1999, the Court by virtue and authority vested in it by law, DECREES that Roxanne M. Anderson and Richard E. Anderson are hereby divorced from the bonds of matrimony and the said parties shall be at liberty to marry again. AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the terms, provisions, and conditions of a certain Property Settlement Agreement between the parties dated September 15, 1998, and attached hereto are hereby incorporated in this Decree and order by reference as fully as though the 'same were set forth herein at length. Said agreement shall not merge with, but shall survive this Decree and Order. BY THIS COURT: /::?/ yaymn/ 0 ?G5 J. ROXANNE M. ANDERSON, Plaintiff vs. IF ICHARD E. ANDERSON, Defendant ri IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE / CUSTODY ?pk day of THIS AGREEMENT, made this 19981 by and between ROXANNE M. ANDERSON of Etters, York County, ?ennsylvania, hereinafter referred to as Wife; and RICHARD E. ANDERSON of Etters, York County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on April 30, 1992, in Hagerstown, Maryland; and WHEREAS, the parties are both bona fide residents of the rnmmonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since June 1, 1998; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while ) N they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, there is one dependent child to the marriage, namely Stevie R. Anderson, born June 2, 1995; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other, good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at times hereafter to live separate and apart from each other and reside from time to time at such place or places as they shall Pectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party molest the other or compel or endeavor to compel the other to Lt or dwell with him or her by any legal or other proceedings. 2 The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on'- divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife will file a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each 3 I _i knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it (being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 incorporation of Agreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such 4 F 4G ?* c4 .ncorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the 5 -•n"property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Rights of Equitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Marital Residence. Husband agrees to transfer to Wife all his interest in the marital residence at 300 Ridge Road, Lot #22, Etters, York County, Pennsylvania 17319, including the 1982 Nova 14 x 70 Mobile Home. Wife shall have sole and exclusive possession thereof, and Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Wife all his right, title, and interest in and to the marital residence. 3.5 Automobiles. Husband agrees to transfer to Wife all his interest in the 1996 Jeep Cherokee. Wife shall have sole and exclusive possession thereof, and Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual 6 form conveying, transferring, and granting to Wife all his right, title, and interest in and to the vehicle. Wife agrees to accept all responsibility for payment of the Dauphin Deposit lease secured thereby and further agrees to indemnify Husband and hold him harmless therefrom. Wife agrees to transfer to Husband all her interest in the 1994 Chevrolet S-10. Husband shall have sole and exclusive possession thereof, and Wife shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husband all her right, title, and interest in and to the vehicle. Husband agrees to accept all responsibility for payment of the Member's 1st loan secured thereby and further agrees to indemnify Wife and hold him harmless therefrom. Wife agrees to transfer to Husband all her interest in the 1.1976 Chevrolet Vega Motor Home. Husband shall have sole and exclusive possession thereof, and Wife shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husband all her right, title, and interest in and to the vehicle. Husband agrees to accept all responsibility for payment of the PNC Babk loan secured thereby and further agrees to indemnify Wife and hold him harmless therefrom. 3.6 Personalty. The parties have agreed between themselves a division of all household furnishings and personal property 7 which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties (acknowledge and agree that the assets in the possession of the iother spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may Ihave with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, I lif untitled, are presently in the sole possession of one of the i (parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.7. Property to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: Husband's clothing, tool box, two rifles, and Imiscellaneous automotive, hand, and power tools. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and have incurred certain bills and obligations and have amassed Ia variety of debts. It is hereby agreed, without the necessity of 8 ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 Specific Outstanding Debts of Husband. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Wife from any claim regarding same: the first one-half of the current outstanding balance of the consolidation loan to Member's 1st. 4.3 Specific outstanding Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Husband from any claim regarding i 9 same: the second one-half of the current outstanding balance of the consolidation loan to Member's 1st. ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimony. Pursuant to this Agreement of the parties, neither party shall claim alimony or spousal support from the other, and each specifically waives any right they may have to the same. 5.2 Child Suonort. The parties agree to resolve any question of child support through the Domestic Relations Office of Cumberland County, Pennsylvania. ARTICLE VI - CUSTODY AND VISITATION 6.1 Primary and Legal Custody. The parties shall share legal custody of the child, Stevie R. Anderson, jointly. The Mother shall have primary physical custody of the child. 6.2 Visitation. The Father, shall have visitation with the child, from 6:00 p.m. on Friday through 8:00 p.m. on Sunday, starting Friday, October 23, 1998, and alternating every other weekend thereafter. The parties agree that it is of the essence that each parent call the other at least 48 hours in advance if there is any change of schedule or if they are unable to pick up the child. If Father is unable to exercise a weekend visitation and gives at least 48 hours' notice, he shall be permitted to 10 ;elect a weeknight visitation with at least 5 days' notice to Bother. 6.3 Holidays. The parties shall alternate physical custody ind visitation with the child during the five holidays of New Years Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day; whereby the child shall spend Thanksgiving 1998 with Father, New Year's 1999 with Father, Memorial Day of 1999 with Father, Independence Day 1999 with Mother, Labor Day 1999 with Father, Thanksgiving 1999 with Mother, New Year's 2000 with Mother, Memorial Day 2000 with Mother, Independence Day 2000 with Father, and alternating the five holidays accordingly thereafter. Father shall be entitled to visitation each Father's Day, and Mother shall be entitled to visitation each Mother's Day. Holidays shall run from 9:00 a.m. through 9:00 p.m. Father shall be entitled to visitation with the child each Christmas Day from 11:00 a.m. through 3:00 p.m. 6.4 Additional times by mutual agreement. The Father shall also have such additional visitation with the child as the parties mutually agree. ARTICLE VII - MISCELLANEOUS PROVISIONS 7.1 Attorneys Fees upon Breach. Each of the parties agrees should either of them be in breach of contract and fail to v with the terms of the Agreement herein the breaching party 11 shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 7.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, .fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or i improper or illegal agreement or agreements. 7.3 Counsel Fees. Husband and Wife agree to be responsible for share the attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 7.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the i estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, 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, 12 rr the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, 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 any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, 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 thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, 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 thereof. Both parties acknowledge that they have been advised that each may 13 have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 7.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 7.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach 14 )r default shall be deemed a waiver of any subsequent default of the same or similar nature. 7.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 7.8 Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 7.9 Binding. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7.10 Entire Agreement. This Agreement constitutes 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. 7.11 SeverabilIf any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid 15 if n'a and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 7.12 Equitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 7.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance ipon that disclosure. 7.14 -Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall `orever be binding and conclusive on the narties_ and anu _ndependent action may be brought, either at law or in equity, to :nforce the terms of the Agreement by either Husband or Wife until .t shall have been fully satisfied and performed. The :onsideration for this contract and agreement is the mutual :enefits to be obtained by both of the parties hereto and the ovenants and agreements of each of the parties to the other. The 16 ,® adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. 4ITNESSED BY: ?4" E 0?, RICHARD E. ANDERSON, HUSBAND as ?,?ile\ 1 , Notarial Seal r/ Camp Hill Boro BCumberland Counlty My Commission Expues Nov. 15, 1909 RO7 7NE N. ANDERSON, WIFE 17 .IAN 31 200P RICHARD E. ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROXANNE M. REESE, N0.99-7492 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 'UA-?- day o A, 200 , upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Richard E. Anderson, and the Mother, Roxanne M. Reese, shall enjoy shared legal custody of Stevie K. Anderson, bom June 2, 1995. 2. The Mother shall enjoy primary physical custody of the minor child. Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. B. For summer vacation to include two periods of two consecutive weeks. Father shall notify Mother at least sixty (60) days in advance as to when lie intends to exercise summer vacation, and Father shall give more notice if he is able and is aware of his work schedule. In the event Mother desires to reserve a particular week or two in the summer for her vacation, Mother shall notify Father as much in advance as possible. 4. Both parties will keep each other advised if there is any requirement to modify or otherwise alter the scheduled time for pick-up and delivery of the minor child. In the event Father is going to be late, Father must notify Mother in advance. Father's wife may pick up the minor child as a substitute for Father. However, it shall be Father's obligation to assume custody of the child as scheduled if Mother is not available during the times Father has work or is otherwise unable to pick up the child. 5. The parties shall alternate physical custody of the minor child on New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving pursuant to the parties existing schedule. 6. Father shall always have custody of the minor child on Father's Day and Mother shall always have custody of the minor child on Mother's Day. 7. For the Christmas holiday, Mother shall always have custody from Christmas Eve at noon until Christmas Day at noon and Father shall always have custody from Christmas Day at noon until December 26 h at 6:00 p.m. 8. The holiday, Christmas, and Mother's and Father's Day schedules shall supersede the alternating weekend schedule and shall take precedence over other custody provisions. 9. For exchange of custody, the Father shall pick up the minor child at the beginning of his period of temporary custody and the Mother shall pick up the time at the time custody of the child is returned to the Mother. The parties may alter this arrangement as they agree. 10. Both parties shall keep the other parent advised with respect to their phone numbers and address. 11. Both parties are entitled to receive all medical, educational, and other important information concerning the minor child and this Order authorizes all professionals to deal with both parents in connection with the welfare and information relating to the minor child. 12. Father shall be kept advised with respect to the name and phone number of the childcare provider for the minor child. 13. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. 14. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. 15. In the event either party takes the child out of the area for more than two consecutive nights, that parent must notify the other parent as to a phone number and location where they will be staying. 16. On a personal property issue that is in dispute between the parties, Mother agrees to make available to Father a certain toolbox which includes tools. In the event Father is satisfied that these tools are the ones he felt he should receive pursuant to the divorce action, and Father is willing to take possession of these tools, Father shall give Mother the sum of $200.00 in exchange for the tool box and tools. BY THE COURT, Edgar B. Bayley cc: James D. Flower, Jr., Esquire AYMA Kristin A Garrett, Esquire a` -? -Q Q R Ks RICHARD E. ANDERSON, Plaintiff ROXANNE M. REESE, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7492 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Stevie K. Anderson, born June 2, 1995. 2. A Conciliation Conference was held on January 21, 2000, with the following individuals in attendance: The Father, Richard E. Anderson, with his counsel, James D. Flower, Jr., Esquire; and the Mother, Roxanne M. Reese, with her counsel, Kirsten M. Garrett, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Gilroy, Esquire Custody Conciliator ? ? ? •,Y l` i [? •/?