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HomeMy WebLinkAbout03-4052BELINDA PUNIHAOLE Plaintiff V. HERMAN M. PUNIHAOLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.O3 - qD..q*~ CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. 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 Lawyers Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BELINDA PUNIHAOLE Plaintiff HERMAN M. PUNIHAOLE Defendant CIVIL ACTION - LAW ._ NO.C~- /~°5~,Y- C1VILTERM IN DIVORCE Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN DIVORCE UNDER SECTION 3301(c} AND 3301(d} OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiffby and through her attorney Peter J. Russo, and seeks to obtain a Decree in Divorce fi.om the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiffis an adult individual resid'mg at 20 Pine Creek Drive, Carlisle, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 20 Pine Creek Drive, Carlisle, Cumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 8 years and has resided continuously therein for at least six months prior to filing of this Compla'mt. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 6 years and has resided continuously therein for at least six months prior to filing of this Complaint. 5. Pla'mtiff and Defendant were married on April 25, 1986 in Las Cruses, Dona Ana County, New Mexico. There are 2 children of the parties under the age of eighteen (18): David Punihaole Thomas Punihaole 4/8/87 9/9/88 COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is an active member the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. 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, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Belinda Punihaole, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT III - CUSTODY 17. Plaintiff hereby incorporates by reference averments 1 through 16 of this Complaint as if each averment were set forth fully hereunder. 18. Plaintiff is Belinda Punihaole residing at 20 Pine Creek Drive, Carlisle, Cumberland County, Pennsylvania. 19. Defendant is Herman M. Punihaole residing at 20 Pine Creek Drive, Carlisle, Cumberland County, Pennsylvania. 20. Plaintiffseeks custody of the following children: Name Present Residence DOB David Punihaole 20 Pine Creek Drive 4/8/87 Carlisle, PA Thomas Punihaole 20 Pine Creek Drive 9/9/88 Carlisle, PA 21. The children were not bom out of wedlock. 22. The children are presently in the custody of the both Plaintiff and Defendant, who reside at, 20 Pine Creek Drive, Carlisle, Cumberland County, Pennsylvania. 23. In the last five years the children have resided with the following persons and at the following addresses: Name Belinda and Herman Punihaole Belinda and Herman Punihaole Address Dates 2203 Douglas Drive 7/95-7/02 Carlisle, PA 20 Pine Creek Drive Carlisle, PA 7/02-present 24. The Defendant, the father of the children, is residing at 20 Pine Creek Drive, Carlisle, Cumberland County, Pennsylvania. He is married. 25. The Defendant currently resides with the following persons: Name Relationship Belinda Punihaole Wife David Punihaole Son Thomas Punihaole Son Pennsylvania, with Plaintiff. 32. 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, Plaintiff requests this Honorable Court to order that the Plaintiff retains primary physical custody of the children with visitation for the Defendant. Legal custody of the children will be held jointly by the parties. Peter J. Russo 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BELINDA PUNIHAOLE Plaintiff HERMAN M. PUNIHAOLE Defendant Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE VERIFICATION I, Belinda Punthaole, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Belinda Punihaole PETER J. RUSSO, ESQUIRE PA Supr~e Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BELINDA PUNIHAOLE Plaintiff HERMAN M. PUNIHAOLE Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Desiree M. Nemec, hereby certify tha~I am on this day serving a copy of the foregoing documents upon the person (s) aiad in the manner indicated below; Service by Certified Mail, and Addressed as Follows: Date: HERMAN M. PUNIHAOLE Griffin Services, Inc. Building 330 Engineer Avenue Carlisle Barracks Carlisle, PA 17013 BELINDA PUNIHAOLE Plaintiff HERMAN M. PUNIHAOLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION o LAW NO.Ch_K -qO.q'~.CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is hereby made and entered into this '~ -/PI day of ~ {4~ , 2003, by and between BELINDA PUNIHAOLE, "Wife," and M. PUNIHAOLE, hereinafter "Husband." Witnesseth: Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, determine and provide for thc support of Wife, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the panics hereto arising directly or indirectly out of thc marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand thc full hnportancc of thc Agreement they are entering into; Now, Therefore, thc parties, in consideration of the foregoing premises, and the mutual promises and undertakings bereinaRer set forth, agree as follows: I. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart fi.om each other and to reside fi.om time to time at such place or places as he and she shall respectively deem fit, free fi.om any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the pan of either Husband Or Wife of the lawfulness or unlawfidness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be flee fi.om interference, authority and contact by the other as if he or she were single and tmmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart fi:om the other. 3. DISTRIBUTION OF VEHICLES Wife shall assume all payments, including all loan, insurance and repair bills connected with any and all vehicles presently in her possession, specifically a 2000 Volkswagon Passat and 1997 Chevy Cavalier. Husband shall execute any and all documents required to transfer any interest he may have in said vehicles to Wife. Husband shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in his possession. Wife shall execute any and all documents required to transfer any interest she may have in said vehicles to Husband. 4. DISTRIBUTION OF POSSESSIONS As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, flee and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in her possession. Husband shall have as his own, flee and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in his possession. 5. DISTRIBUTION OF PERSONAL PROPERTY Husband and Wife shall reta'm as his or her own any and all personal effects, clothing, and personal jewelry currently in their possession. The parties further agree that any property not assigned in this Agreement, as marital or nonmarital property will be deemed the property of the physical possessor of said property. 6. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401k's and other retiremem accounts which are held in their names as personal property, free and clear ofcla'ans fi.om the other party. Husband shall not modify the survivor's benefits which have been established for Wife. 7. JOINT ACCOUNTS The parties shall stop using all joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 8. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Unless otherwise set forth herein, Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate nfight be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. Unless otherwise set forth herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of separation of thins Agreement. Unless otherwise set forth herein, Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless fi.om any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 9. OTHER MARITAL ASSETS During the course of this marriage, the parties purchased a marital residence located at 20 Pine Creek Drive, Carlisle, PA 17013. The parties have agreed that Wife shall assume sole ownership of said martial residence. Wife shall refinance the mortgage on the martial residence or sell the marital residence by December 31, 2006. Wife shall hold Husband harmless l~om any obligation associated with the martial residence. Husband shall execute a deed in favor of Wife contemporaneously with the execution of this Agreement. 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and fi.om all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 12. CHILD SUPPORT & ALIMONY Husband shall pay Wife One Thousand Four Hundred Dollars ($1,400.00) per month as spousal support until a divorce decree is entered and then, upon the entry of a divorce, said support obligation shall convert to non-modifiable alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for alimony are fair, adequate and satisfactory based on actual need, ab'flity to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court and may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties. Alimony shall be made payable through Cumberland County Domestic Relations. Husband shall pay $600.00 per month, per child until each child graduates from college. Child support shall be made payable through Cumberland County Domestic Relations. Husband shall also maintain health insurance for Wife for a minimum of two years from the execution of this agreement. Husband shall also maintain a life insurance policy which names Wife and the children as beneficiaries that provides a benefit equal to the Husband's total alimony and child support obligation for a ten year period. 13. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other. 14. INCOME TAX RETURNS Husband and Wife agree to individual tax returns for 2003 and thereafter until their divorce is final. Each party shall be solely responsible for any and all Federal, State and Local tax liability beginning in 2004 and thereafter. Each party shall have the exclusive right to any and all refunds based on their Federal, State and Local tax returns beginning in 2004 and thereal~er 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take aga'mst the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 16. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or fi'om making any just or proper defense thereto. 17. SUBSEQUENT DIVORCE The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to §3301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. _RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will m-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Cot~. 20. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each oftbem or their respective counsel. 22. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 24. MODIFICATION AND WAIVER This Agreement shah constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded fi.om modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 25. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 26. INCORPORATION 1NTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 29. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation 31. AGREEMENT B1NDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 32. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. In Testimony Whereof, witness the signature of the parties hereto this ,2003. Witness day of 4~ BELINDA PUNIHAOLE STATE OF : .. COUNTY OF.' SS. On this, the . personally appeared 7 ~"day of HERMAN M. ~OLE ,2003, before me, a Notary Public, and in due form of law acknowledged the foregoing Property Settlement Agreement to be his act and deed, and desired that the same might be recordedassuch. Sworn to and subscribed before me this '7' ~day of~e(~, ~.' ,2003. COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. On this, the ~' ~f' day of ~'~q/r , 2003, before me, a Notary Public, personally appeared BELINDA PUt. HAOLE and in due form of law acknowledged the foregoing Property Settlement Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this 7 afiaY of ~,J7~ ,2003. · uoro Cumberland Oounty My Oomml# on Expire~ durle 21, 2004 BELINDA PUNLHAOLE PLAINTIFF V. HERMAN M. PUNIHAOLE DEFENDANT IN 'I~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-4052 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Monday, August 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, Sel~tember 23, 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: /s/ Dawn S. Sunday, 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 TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATi'ORNEY 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 (i ~0 BELINDA PUNIHAOLE, PLAINTIFF V. HERMAN M. PUNIHAOLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4052 CIVIL TERM IN DIVORCE/CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, COMES, the parties in the above-captioned matter, to wit, Belinda Punihaole, represented by Peter J. Russo, Esquire and Herman M. Punihaole, unrepresented, and request that the attached Order of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: BELINDA PUNIHAOLE Date: Date: c~ /i,)o 5' Date: BELINDA PUNIHAOLE, : PLAINTIFF : ., V. : : HERMAN M. PUNIHAOLE, : DEFENDANT : SEP 1§ ZOO3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4052 CIVIL TERM IN DIVORCE/CUSTODY CUSTODY ORDER AND NOW, this ~_~day of~__, of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED THAT: 1. The parties shall share legal custody of the parties' minor children, David Punihaole, born April 8, 1987, and Thomas Punihaole, bom September 9, 1988. 2. The Mother shall have primary physical custody of the parties' minor children. 3. Father shall be entitled to liberal pedods of visitation, upon his request, as the parties mutually agree. 4. Both parents shall permit reasonable telephone access to the child while the child is in his or her custody. 5. The parents are encouraged to accommodate the reasonable requests of the other parent for alternations of any agreed upon schedule; as the circumstances and best interests of the child require. 6. Each party shall be responsible to provide transportation in order to pick the children up at the commencement of their pedods of visitation. 7. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the dght to bring any actions or actions in law or equity for such breach, and 2003, upon consideration the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing her rights under this Agreement. 8. Neither party shall do anything which may estrange the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 9. Any ongoing modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor Child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 11. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. Peter J. Russo, Esquire Herman Punihaole, Pre Se ~BY THE CURT, ~ SEP 3u2003 BELINDA PUNIHAOLE Plaintiff VS. HERMAN M. PUNIHAOLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4052 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 23au day of September~ 2003 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference schedule for today, September 23, 2003 is cancelled. FOR THE COURT, Dawn S Sunday, Esquire Custody Conciliator