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HomeMy WebLinkAbout07-5251 MARTHA B. EYLER, Plaintiff vs. CHRISTOPHER T: EYLER, II Defendant IN THE COURT OF COMMQN PLEAS CUMBERLAND COUNTY, .PENNSYLVANIA CIVIL ACTION - LAW NO . ~7- 6'~,5'~ l:. i vi l ~Par'nr1 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are .warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse,l Courthouse Square, 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 TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. .IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY ` OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland•County Bar Association Carlisle, PA 17013 Telephone Number: 717-249-3166 y MARTHA B . EYI,ER, Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORL~E ' CGItPIJ12Z1T L~D~R 3=CTZKJDt 33p1(C} OF T8$ DIVK?R,ClG CODlE -„ ~-~- 1. Plaintiff is Martha 8. Eyler who currently resides at 205 Conodoguinet Avenue, Apartment.#11, Camp Hill, PA • 17011,, since June 15, 2006. 2. Defendant is Christopher T. Eyler, II, who currently resides at 320 Fairmount Avenue, Waynesboro, PA 17268, since February 20, 2007. 3. Martha B. Eyler, Plaintiff, and Christopher T. Eyler, II, Defendant, have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were marrieri on~31 July 1998 at Waynesboro, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7.: Plaintiff and Defendant have been advised that counseling is available, and that they have a right to request that the Court require the panties. to participate in counseling. „ 8. Plaintiff requests the Court to enter a decree of divorce. 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 e ,, ~ 18 Pa.C.S.S4904, relating to unsworn falsification to authorities. R EY , Plaintiff Date : a'--,~~ ^~7 .. Gv \, ~_ WILLIAM S. DANiELS "" Attorney for Plaintiff Superior Court Flo. 27735 1 West High St., Suite 205 Carlisle, PR 17013 Tel: 717-243-3831 e 1 MARTHA B. EYLER, Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. IN DIVORCE 'PROOB' OF SERVICE The undersigned attorney for Plaintiff in the within Action In Divorce certifies that the Service of Original Process was made on the Defendant by mail in accordance with Pennsylvania Rules of Civil Procedure 1930.4(c). A certified true and correct copy of the Complaint in Divorce filed with the ,Prothonotary of Cumberland County on 31 August 2007 was mailed by both regular and certified mail restricted to addressee only, return receipt requested, on 31 August 2007 to: Christopher T. Eyler, II 320 Fairmont Avenue Waynesboro, PA 17268 ~ Very respectively submitted, , Ci `' ` William S. Daniels Attorney for Plaintiff Supreme Court No. .27735 1 West High Street, Ste. 205 Carlisle, PA 17013 Tel. 717-243-3831 ~~ J ~ J ... S' b 0 D 7p C7 c~ cN-a' 4 ~;~' ,~ ~'. -.c to -- ;:~ ~~ r`"` C_ ~ _~., `° ~.. ;~. MARTHA B. EYLER, PLEAS Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.07-5251 IN DIVORCE MOTION TO AMEND COMPLAINT IN DIVORCE TO INCLUDE ADDITIONAL CLAIM TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Plaintiff, by her attorney, William S. Daniels, Esquire, respectfully represents and moves this court as follows: 1. Plaintiff is MARTHA B. EYLER, who currently resides at 205 Conodoquinet Avenue, Apartment #11, Camp Hill, Pennsylvania, 17011. 2. Defendant is CHRISTOPHER T. EYLER, II, who currently resides at 11806 Clearview Road, Hagerstown, Maryland 21742. 3. A Complaint in Divorce was files to the above term and number on August 31, 2007. 4. The Complaint, as filed, contained only grounds for divorce. 5. Pursuant to Pa.R.Civ.P. 1920.13, plaintiff wishes to amend the complaint to include a count for custody which could have been joined with the action for divorce. WHEREFORE, Plaintiff respectfully moves this Honorable Court to allow her to amend the Complaint in Divorce to include the following claim for relief: Custody. Respectfully submitt , VERIFICATION I verify that the statement made in this additional count to amend the captioned Complain in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. /,~ /, 7 (~ WILLIAM S. DANIELS, Attorney for Plaintiff T~7 B. EYLF~, Plaintiff ~ `'~ r~ ~ .w:... ~ ~' .~;= -c Via,-z- r•` ~° ~--_ f~ .,,~ G'- j `~ ..' MARTHA B. EYLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER T. EYLER,II N0.07-5251 CIVIL TERM Defendant IN DIVORCE AMENDMENT TO COMPLAINT UNDER ~3301(c) OF THE DIVORCE CODE COUNT I CUSTODY 9. The prior paragraphs of this Complaint are incorporated herein by reference hereto. 10. The plaintiff is children's mother, MARTHA B. EYLER, residing at 205 Conodoquinet Avenue, Apartment #11, Camp Hill, Pennsylvania 17011. 11. The defendant is children's father, CHRISTOPHER T. EYLER, II, residing at 11806 Clearview Road, Hagerstown, Maryland 21742 12. Plaintiff seeks custody of the following children: Name Present Residence Age BRANDON JACOB EYLER 205 Conodoquinet Ave., Apt. #11, 9 years Camp Hill, PA 17011 ALEXIS KAYE EYLER 205 Conodoquinet Ave., Apt. #11, 8 years Camp Hill, PA 17011 Brandon was born 24 days before father and mother wed. The children are presently in the custody of Martha B. Eyler who resides at 205 Conodoquinet Avenue, Apartment # 11, Camp Hill, Pennsylvania 17011. During the past five years, the children have resided with the following persons at the following addresses: Father, Christopher T. Eyler, II, and Mother, Martha B. Eyler: 6997 Anthony Highway, Waynesboro, PA, May 2003 to July 2005; 4 Church Road, Newville, PA, July 2005 to February 2006; Spring Road, Carlisle, PA, February 2006 to 3 June, 2006; Mother, Martha B. Eyler: Spring Road, Carlisle, PA, 3 June to 15 June, 2006; 205 Conodoquinet Avenue, Apt. #11, Camp Hill, PA, 15 June 2006 to current. The mother of the children, Martha B. Eyler, is currently living at 205 Conodoquinet Avenue, Apt. #11, Camp Hill, PA 17011. She is married. The father of the children is currently residing at 11806 Clearview Road, Hagerstown, MD 21742. He is married. 13. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides alone/separated from husband/father of children. 14. The relationship of the Defendant to the children is that of father. ~ 15. Plaintiff has not participated as a party or witness, or in another. capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 16. The best interests and permanent welfare of the children will be served by granting the relief requested because of the ages of the children and the respective circumstances surrounding the parties' patterns of living and caretaking. 17.E 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 known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order the court to grant custody of the children. Respectfully submi WILLIAM S. DANIELS, Esquire Attorney for Plaintiff VERIFICATION I verify that the statement made in this additional count to amend the captioned Complaint in Divorce 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. B. E R Plaintiff ENDORSEMENT I, CLINTON T. BARKDOLL, Esquire, on behalf of the Defendant, CHRISTOPHER T. EYLER, II, do hereby consent to the within Amendment, Countl-Custody, to the parties' Complaint under Secti n 330 (c) of e Divorce Code. Date: S-(y'-lJ p r CLINTON T. BARKDOLL • Attorney for the Defendant n ~ -` ~i -.., , C.7 ~T'~ ~ ~~ ~ ~~, 'v ,; r ~" O a ~~ r /- MARTHA B. EYLER, Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.07-5251 CIVIL TERM IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. The parties shall have joint legal custody of their minor children, legal custody being defined as the legal right to make major decisions affecting the upbringing of the children, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy for promoting the children's best interests. 2. Each party has a right to be kept informed of the children's educational and medical development and shall have a right of access to the children's educational and medical records. Each party shall be entitled to complete and full information concerning the children from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. Within ten (10) days of the date of this stipulation, Plaintiff shall provide Defendant with a complete list of all the children's teachers, medical care providers, close friends and the friends' parents, along with telephone numbers and addresses for each. 3. Each party shall promptly notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other party. 4. Plaintiff, mother, shall have primary physical custody of the children, son Brandon. and daughter Alexis. 5. Defendant, father, shall have partial physical custody of the children, using the following rotation cycle: A. Defendant, father, may have partial physical custody every other weekend from Fridays at 6:00 P.M. until Sundays at 6:00 P.M. B. Defendant, father, may have partial physical custody on every other holiday as follows: (1) EVEN YEARS (i.e., 2008, 2010, 2012, etc.) a. New Years Day, from 2:00 P.M. until 6:00 P.M. b. Easter Sunday, from 6:00 P.M. the night before until 2:00 P.M. Easter Day. c. Fourth of July, from 6:00 P.M. the night before until 2:00 P.M. Independence Day. d. Thanksgiving Day, from 6:00 P.M. the night before until 6:00 P.M. "Black Friday." Years Day. e. Christmas Day, from 2:00 P.M. until 2:00 P.M. New (2) ODD YEARS (i.e., 2009, 2011, 2013, etc.) a. Memorial Day, from 6:00 P.M. the day before until 2:00 P.M. Memorial Day. b. Labor Day, from 2:00 P.M, the night before until 2:00 P.M. Labor Day. c. Christmas Eve, from 2:00 P.M. until 2:00 P.M. Christmas Day; then from 6:00 P.M. December 26th until 2:00 P.M. New Years Eve. C. If Defendant, father, has partial physical custody on a holiday falling within his scheduled weekend, the weekend schedule applies. D. Children's birthdays and parents' birthdays shall not change the foregoing schedule: respective birthdays may be celebrated within the regularly scheduled weekends. E. Summer vacation. Defendant, father, may have partial physical custody of children every other week, from 6:00 P.M. on Fridays until 6:00 P.M. on the following Friday, commencing the first Friday after school dismisses for the summer, and ending the weekend before school begins in the fall. For purposes of camp, organized sports programs, and similar enrollments, parties agree to cooperate in facilitating the continuity of children's participation by appropriate modifications during the summertime. 6. Pick-up and drop-off times may be subject to a fifteen minute grace period; otherwise, time is of the essence. Parties agree that they shall specifically coordinate the locations of meeting for pick-up and return of children at points half-way between each parties' residence. 7. Any changes in schedule shall be coordinated by mutual agreement in advance. If temporary delays in meeting scheduled times are encountered, notice by text messages of e-mail shall be sent to the other party advising them of the contingency. No impromptu communications shall be made except in emergencies. 8. The parties recognize the custodial/Camp Hill area provides the child with a familiar and congenial environment in which the children possess significant relationships with friends, relatives, teachers and classmates. Therefore, neither party shall remove the children from the Camp Hill area, or more than one hundred (100) miles from their r present residences, for the purpose of changing the residence of the children to a location outside the Camp Hill area, or for any other reason, without the express written agreement of the other party, or with .leave of the Court of Common Pleas of Cumberland County, Pennsylvania obtained prior to removing the children and not obtained on an ex partebasis. If either party desires to establish a residence with the children more than one hundred (100) miles from the present residences, he or she shall give the other party at least ninety (90) days written notice in advance of the proposed move and all information requested by the other party about the proposed move. If the parties are unable to agree about the proposed relocation, the court of Common Pleas of Cumberland County, Pennsylvania, shall have exclusive jurisdiction of the parties and the children to enter an appropriate primary custodylpartial custody Order. Neither party shall relocate with the child unless and until such Order is entered by the Court of Common Pleas of Cumberland County. 9. Each party shall have reasonable telephone and mail access to the children when in the custody of the other parent. 10. Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the children are with that parent. 11. Neither party shall disparage the other party in front of the children, attempt to alienate the affections of the children from the other party, or allow third parties to attempt to alienate the affections of the children from the other party. 12. The parties shall not involve the children in any of the disputes concerning him/her, including but not limited to financial matters. 13. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the children at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regarding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate alternate notification of an emergency. 14. The foregoing schedule is based upon Plaintiff living in Camp Hill, Cumberland County, Pennsylvania, and Defendant living in Hagerstown, Maryland. The relocation of either party from their current residences may form a basis for change of this custody schedule and no such relocation shall take place without the non-relocating party's express consent or court order after a full hearing. This requirement has no bearing on the non-custodial parent's freedom of choice to displace his residential home. Its purpose is to enable parties to ascertain and adjust, if necessary, the scheduled frequency and duration of partial custody. Besides the custodial parent's entitlement to know tYie location of her children, the time-space factors involved in commuting must be reasonably and practically accommodated. s' 15. Each party shall promptly notify the other of any travel plans, travel arrangements, and any delays which might affect the custodial arrangements. Each party shall provide the other party notice reasonably in advance of any scheduled trip with an itinerary including names of hotels or residence addresses and telephone numbers for the applicable periods of time. 16. This Stipulation shall be entered as HA E. E ER Plan ff ~~ ~~ WILLIAM S. DANIELS, Esquire Attorney for Plaintiff BY THE COURT: an Order ~ Court. r: °' ~~~ - CHR STOPHER T. LER, II /~//%)/~e~da~ ~ S CLINTON BARKDOLL, Esquire Attorney for Defendant ~ a - Z-Gc:- ~' J. ~ • L '* MARTHA B. EYLER, Plaintiff vs. . CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. IN DIVORCE PROOF OF SERVICE The undersigned attorney for Plaintiff in the within Action In Divorce certifies that the Service of Original Process was made on the Defendant by mail in accordance with Pennsylvania Rules of Civil Procedure 1930.4(c). A certified true and correct copy of the Complaint in Divorce filed with the Prothonotary of Cumberland County on 31 August 2007 was mailed by both regular and certified mail restricted to addressee only, return receipt requested, on 31 August 2007 to: Christopher T. Eyler, II 320 Fairmont Avenue Waynesboro, PA 17268 Very respectively submitted, C~c William S. Daniels Attorney for Plaintiff Supreme Court No. 27735 1 West High Street, Ste. 205 Carlisle, PA 17013 Tel. 717-243-3831 .~ ATTACHMENT TO PROOF OF SERVICE. Eyler v Eyler, No. 07-5251 Civil Term r` .• •. 0 ~ _ ~"' Postage $ ~,- ~ ",, ~` Certified Fee ~2.b5 4S~ L.E p ~~ .~ hh+ ~ j O p Retum Receipt Fee (EndoreemeM Re uired) ~~. ~ S ,// v Here rk~, U~ ~ q ~ ~ ~~ ~ Restricted Delivery Fee (Endorsement Required) ~~`1~ ~ © ~.. ~' Total Postage & Fees $ 39' ~~ ~ , ~,:7 1"~ J p Stree .Apt No.; -----------, n~ -------------- ~ -------- ---------..._. ~ ..---~ 8 _..---- Return receipt requested was signed by the defendant, Christopher t. Eyler, II, and received by sender through regular mail delivery, but it has been misplaced. (See Acceptance of Service document filed by defendant in lieu of availability of return receipt.) G~ WILLIAM S. DANIELS, Esquire Attorney for Plaintiff ,'- MARTHA B. EYLER, PLEAS Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.07-5251 IN DIVORCE ACCEPTANCE OF SERVICE I accepted service personally of the captioned Complaint in Divorce during September 2007 by certified mail, restricted delivery to the undersigned only. The accompanying return receipt requested was signed by me at that time as the directed recipient of original service of process, and was relinquished to the U.S. Postal Ser~ce for return to sender, Attorney W.S. Daniels. ll // Date: / CH OPHER T. EYLER, II, Defendant '_ .~ :_; ~ ~~ ~; :,,:, ET r ~ L: ~rJ ~ _ ~~ C.J MARTHA B. EYLER, Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.07-5251 IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301© of the Divorce Code was filed on August 31, 2007. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~ 4904 relating to unsworn falsification to authorities. Date: j.2 ~~d _ ~~d~ B. EY R, Plaintiff ~ ~ r,_, ^~r ~ ~. ~ ,~r ~ r- ' jr ~ 4i ~~ MARTHA B. EYLER, Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE CnURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.07-5251 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~GZ ~~ Q'h~~ (~ R B. EY R, Plaintiff ,_ , ~ vv ~ ~° t17~ A' ~' ~' ~ : ' C ~ ~ ~ ~ '~.t - ,,,C IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH. Martha B. Eyler, Civil Action -Law Plaintiff v. No. F.R. 2007- 5251 Christopher T. Eyler, II Defendant In Divorce a.v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service of this Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 5. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date: S -~~ ~~ b Christopher T. Eyler ~h ~ ~`~t~' ~f.~ , ~ ~ ~ ~ ~_ .w .~ ~.~ ~; `~ ~ ca _ ~'' ~~ :`;%r ~` ~~ '~' IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH. Martha B. Eyler, Plaintiff Civil Action -Law v. Christopher T. Eyler, II Defendant . No. F.R. 2007- 5251 In Divorce a.v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I ve,-if; that the sutemGnts :: ade in this Aff~~it are tr!~e and correct. T understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: s„16'~~ C7 c' ~, ~ Q te r; = ~.. ~ _ T . -~c ~ `-mac', mac _ cs' ~ r-~~, ~' ; c~ ~.. y ~ - ~a r`~ ~ .~ ~~ ~ ! ~y i ~ f ~ W ~ t ~ ~ • ~ ~ ~_ S BSI AGREEMENT Between MARTHA B. EYLER and CHRISTOPHER T. EYLER, II William S. Daniels, Esquire Clinton T.Barkdoll, Esquire Counsel for Counsel for Martha B. Eyler Christopher T. Eyler, II 1 t ~ a f + e , ~ / ~~ AGREEMENT made this`d day of May, 2008, by and between MARTHA B. EYLER ("Wife") and CHRISTOPHER T. EYLER, II, ("Husband") . W-I-T-N-E-S-S-T-H WHEREAS, the parties hereto are Wife and Husband, having been married on July 31, 1998 in Waynesboro, Franklin County, Pennsylvania. There are two children born as a result of this marriage, who are: BRANDON JACOB EYLER, son, born July 7, 1998, SSN 176-78-2918; and ALEXIS RAYE EYLER, daughter, born November 6, 1999, SSN 190-78-3820. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of marital property; the past, present and future support, alimony, alimony pendente lite and maintenance of Wife by Husband or of Husband by Wife; and in 2 ~ ~ e 1 ~ t ~ ~ ~ general, any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the 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 hereto, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to bar the rights of Wife or Husband to a divorce or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a no-fault divorce pursuant to the provisions of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended; in support of said intention they mutually confirm that they have lived separate and apart from each other continuously since on or about June 4, 2006, and that a Complaint in Divorce was filed in Cumberland County Court, Pennsylvania, on August 31, 2007, which is docketed to No.CIVIL 2007 07-5251 CIVIL TERM. 3 ~ • • 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE Upon either of the parties' recovering a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement shall be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This Agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings in any jurisdiction, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. 4. ADVICE OF COUNSEL Wife has been represented by WILLIAM S. DANIELS, Esquire. Husband has been represented by CLINTON T. BARKDOLL, Esquire. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, • r 4 • , including their assets, liabilities and income. Each of the parties acknowledges and agrees that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion andlor improper or illegal agreement. 5. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contract, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried.' Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other. 6. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, 5 • ~ * R • ~ alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under 6 a t ^ ~ ~ { a the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under her or his will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 7. WARRANTY DISCLOSURE Each of the parties has been independently advised of and is fully cognizant of her or his respective rights to a full and 7 w ~ e r ~ ~ fair disclosure of the financial status of the other prior to the execution of this Agreement. Wife and Husband represent and warrant that they have disclosed to each other in full their respective assets, liabilities and income; that they are each aware of the extent of each other's financial situation; and that this Agreement was negotiated and entered into on the basis of such financial status. The parties both confirm that each of them is knowingly and intelligently waiving his or her respective rights to any further enumeration or statement thereof; and that in executing this Agreement, each forever waives any future right to set aside the said Agreement, or to defend against its enforcement or any portion thereof based upon the other's financial status, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 8. WAIVER OR MODIFICATION TO SE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. 9. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 10. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto 8 ~ ! ~ w -~ k ~ ' a and their respective heirs, executors, administrators, successors and assigns. 11. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 12. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith and within at most ten (10) days after demand therefor 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. 13. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall neither affect in any way the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of 9 w .~ a , ~ a strict performance of any other obligations herein. 14. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15. CONTRACT INTERPRETATION; COSTS AND ATTORNEYS' FEES For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Wife and Husband agree that this Agreement was prepared jointly by them with their respective counsel of choice. Costs for no-fault divorce in Cumberland County, Pennsylvania, contemplated following execution of this Agreement shall be borne by Wife and Husband in equal shares. Attorneys' fees for individual counsel of parties' selection shall be respectively borne by Wife and 10 Husband independently. 16. ADDRESS AND TELEPHONE NUMBER OF PARTIES As long as the parties have any minor children or children attending college, or any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 17. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, RETIREMENT BENEFITS, AND LIFE INSURANCE Wife and Husband do hereby waive, release, and give up any rights arising from their marital relationship which either may have against the other for spousal support, alimony pendent elite, alimony, retirement benefits, and life insurance commitments to secure obligations for the future, or other maintenance of any kind except as otherwise specifically provided herein. 18. CUSTODY PROVISIONS A. CUSTODY COURT ORDER The parties agree that custody of parties' minor children shall be governed by their Stipulation for an A reed Order of Court, dated April 28, 2008, as approved and may be modified by the Court based upon significant changed . ~- . 11 w `+ ~ ~ a circumstances, and which is incorporated herein by reference. B. Illness of Child In the event of any serious illness of a child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other reasonable means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as she or he desires, consistent with proper medical care. The word "illness" as used herein shall mean any disability which confines a child to bed under the direction of a licensed physician for a period in excess of forty-eight hours. C. Children's Preferences Husband and Wife recognize that the children may have wishes and preferences of their own with respect to the custody arrangements and Husband and Wife agree to give reasonable consideration to those preferences. D. Disclosure of Children's Location At all times, Husband and Wife agree to keep each other fully informed as to the precise location of the children, including the address and telephone number where the children can be reached. E. Telephone and Mail Access At all times, Husband and Wife agree that they shall 12 r ~~ a ~ ~J ~ ~ • ~ provide each other with reasonable telephone and mail access with their children. 19. CHILD SUPPORT Wife and Husband agree that they shall discharge their respective duties children, and that the obligor parent Domestic Relations PACSES Case Number 20. BANKRUPTCY OR end obligations to support their minor the contribution of funds to such support by shall be monitored and controlled through the Section of Cumberland County, indexed to 179104788. REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No 13 ~ <~ ~ ~ ~ r obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 21. EFFECT OF DIVORCE ON BANKRUPTCY The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that Husband's obligations under the terms of this Agreement shall not be subject to discharge in bankruptcy because they acknowledge that such are necessary for Wife to meet her financial obligations and to support and maintain her standard of living and that of the parties' children. Husband represents that there are no bankruptcy proceedings presently pending in which he is involved. Husband expressly agrees not to file a bankruptcy action prior to the completion of his obligations pursuant to this paragraph. This debt shall not be discharged in a bankruptcy action filed by or on behalf of Husband. If Husband files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this Paragraph are in the nature of maintenance and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if Husband institutes any 14 J ~{ ~ ~- v • 4 action in bankruptcy or any other bankruptcy proceeding is instituted in which Wife's right to these monthly payments becomes a matter for judicial review, Husband agrees to consent to any motion filed by Wife with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 22. BANK ACCOUNTS The parties agree that all of their intangible personal property, i.e., bank accounts, credit cards, and other funds, if any, has been satisfactorily divided between them, and has become the sole and exclusive property of the respective holder, to which the other party waives any and all right or claim. 23. TANGIBLE PERSONAL PROPERTY Wife and Husband mutually agree that they have effected a satisfactory division of their furniture, household furnishings, appliances, and other household and personal property between them; they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in her or his possession, whether said property was heretofore owned jointly or individually by the parties hereto; and this Agreement shall have the effect of an assignment or receipt from each party to 15 ~ V~ ~ r u a R x the other for such property as may be in the individual possession of each of the parties hereto, with the effective date of said bill of sale being the date of this Agreement. 24. MOTOR VEHICLES With respect to the motor vehicle owned by both parties, they agree that Wife and Husband have each taken one vehicle separately titled and registered in their individual names for which they respectively bear sole responsibility and obligation. 25. TAX CONSEQUENCES Transfers of property incident to divorce are income tax free. The basis of such items so transferred follows the respective asset; that is, the basis does not change because of the transfer. 26. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and al.l claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) 16 ,! t ~ • M • • • ~ t which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. C. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 27. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by her or him after execution of this Agreement, with full power in her or him to dispose of the same as fully and effectively, in all respects and for all purposes, as though she or he were unmarried. 28. EXISTING AND FUTURE PERSONAL OBLIGATIONS The parties hereby agree that all existing personal liabilities, debts and obligations of every description which 17 ~ Ir ~ r u • r,. n~ • have been incurred by either of them shall be paid in a timely fashion by the party who is assigned responsibility for the said liability in accordance with the provisions of preceding paragraphs hereof. Wife and Husband each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Wife or Husband by the provisions aforementioned. Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts, if 18 ,~ ~ . r ~• • ,. ~, any, have been terminated, and that no charges have been incurred by either party against any joint account, if any, from the date of their separation. 29. ACKNOWLEDGr~NT OF SOCIAL SECURITY NUMBERS Wife hereby warrants that her Social Security Number is 159-68-1043; and Husband hereby warrants that his Social Security Number is 196-66-2899. 30. INCOME TAX RETURNS The parties agree that they have filed and shall continue to file personal income tax returns separately for which each shall be solely responsible and to cooperate fully in so doing throughout future tax years as may be applicable; thereafter, each shall be independently responsible for their respective individual income tax returns. 31. DEPENDENCY EXEMPTIONS FOR INCOME TAX Wife shall be entitled to claim all dependency exemptions for the children for income tax purposes. Husband hereby waives any right to claim such exemptions on all of his future income tax returns except as follows. Wife and Husband agree that Husband may claim dependency exemptions for their two minor children every third year providing that there are no arrearages on the parties' order for children's support due Wife at the end of the tax year for which Husband would claim the exemptions, and that he qualifies for said dependency exemptions under the 19 ~ f ~ • ~ l~ • ~ ~~ i Internal Revenue Code. Husband's claim for dependency exemptions may commence with Tax Year 2008 and continue every three years thereafter, e.g., 2011, 2014, etc., for so long as entitlements prevail. Should the conditions herein prescribed for such claims by Husband not be fulfilled for the Tax Years specified, such exemptions are forfeited to Wife, and Husband's claim shall be deferred until the next third year scheduled. 32. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party shall pay all attorneys' fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. 33. CLOSING Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. 20 V ~ • ~ ~ Ca • ~ ~• J IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. (SEAL) ~R~ B. EYLER ~/~~~~~~~ ( SEA 1) IRISTOPHER"T. EYLER, II COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 7y On this, the `~ day of /Yl~ 2008, before me, the undersigned officer, personally appeared MARTHA B. EYLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand a d official seal. Q~j c~:AL ) L%!/ ` Notary Public NORARW. TEAL WILLYMIB OMlttf PblorY a~ CJIKtiLE ~OROIIGM. C COUNTY My Cgr~NMbn E~pM~ Oct 19,2004 21 Witness: ..,... lA~R N 8 MAi1JIW a~N Yd~ YiYNKla d~llJMlMMIq . aOQS . a 1 tap ~ ~nop MIN rr i ~ ~. • «• COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this, the ,l ~ day of /Y~~ 2008, before me, the undersigned officer, personally appeared CHRISTOPHER T. EYLER, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. G~ ~ ~S~i ( SEAL ) ~~~~ Notary Public M~LNM a ~M~S ~E~OR011pN, C~RtAMDCCUNrv ~'M ~ oct iv, zoos 22 ~...»~...-.. ,~ if iAi1SiATON ~}~1Q ~ MIWJrW aiid~l4 YIp104! ~;~IKa~CKMIS~+AU7.M~1 ~ ~ ~ raga noriN ~~~' ~ ! J'lf ~ I -y ! A t ~ ,, J I ~'1 e~ ~ ~~ ~~ ~~d 9 I ~ ~~ 3~OZ ~ ! f' ~ ~ a e ~w~ Martha B. Eyler Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Christopher T. Eyer, II To the Prothonotary: Defendant ~ NO• 07-5251 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a dTV~e c~re~ ~Tr ~ 1. Ground for divorce: _--~:-: x" ~ ~f..T 4 ~ Irretrievable breakdown under§3301 (c) .r.~` ~ -•c ~;~ ~SGt1~>al}~~) of the Divorce Code. ~ ~- °' (Strike out inapplicable section). ~ ~~~~ ~ ~ ~ ~~ w 2. Date and manner of service of the complaint: August 31 , 2007, by r uli~ a~ ..,. .,~ certified mail, restricted delivery, to the adressee only, return receipt requested. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff May 1 2, 2 0 0 8 by defendant May 1 6, 2 0 0 8 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: N ~ ~' (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pendinc,~.one 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 1 6, 2 0 0 8 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 1 6, 2008 Attorney for Plaintiff /1~~~ William S. Daniels CJ ^~ L;'.` ~ c~~ ~~, «~ .,.,,,, ~~ ~:":, y ~ °'~ : C~> - -~ ca ,, ~~" I N THE CO`U R7 OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. _~ Martha B. Eyler Plaintiff NO. 075251 Civil Term VERSUS Christopher T. Eyler ~Zz Defendant DECREE IN DIVORCE AND NOW, ~2 ( E7 208 IT IS ORDERED AND DECREED THAT Martha B. Eyler ,PLAINTIFF, AND Christopher T. Eyler, II ,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; The Marital Settlement Agreement between the parties dated Mav '! K ~nnA i c i nn~rr~nr~l-cra hn4- nn~- mornoA i n thi c T1c`.rcc t ~, n MARTHA B. EYLER, PLEAS Plaintiff vs. CHRISTOPHER T. EYLER,II Defendant IN THE COURT OF COMMON . PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.07-5251 IN DIVORCE AMENDMENT OF COMPLAINT ORDER AND NOW, this G~ ~ day of May, 2008, plaintiff's Motion to Amend Complaint is hereby granted. By the Court ~`'°~`;i ~~' ~ 6 Vin' °~~ ~o ~,-~' ~i~1~~'i1~3A~~~1~~ 0 ~ ~ h ~d 91 A~W 80(~Z 1Ct~s~ ~.~4d ~~. ~a ~;~i:?:~C~--~~~1~ .. ,.. ~ ~. MARTHA B. EYLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER T. EYLER,II N0.07-5251 CIVIL TERM Defendant . IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. The parties shall have joint legal custody of their minor children, legal custody being defined as the legal right to make major decisions affecting the upbringing of the children, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy for promoting the children's best interests. 2. Each party has a right to be kept informed of the children's educational and medical development and shall have a right of access to the children's educational and medical records. Each party shall be entitled to complete and full information concerning the children from each other and from any doctor, dentist,. teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. Within ten (10) days of the date of this stipulation, Plaintiff shall provide Defendant with a complete list of all the children's teachers, medical care providers, close friends and the friends' parents, along with telephone numbers and addresses for each. 3. Each party shall promptly notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other party. 4. Plaintiff, mother, shall have primary physical custody of the children, son Brandon and daughter Alexis. 5. Defendant, father, shall have partial physical custody of the children, using the following rotation cycle: A. Defendant, father, may have partial physical custody every other weekend from Fridays at 6:00 P.M. until Sundays at 6:00 P.M. B. Defendant, father, may have partial physical custody on every other holiday as follows: (1) EVEN YEARS (i.e., 2008, 2010, 2012, etc.) a. New Years Day, from 2:00 P.M. until 6:00 P.M. v .~ ' ' ` b. Easter Sunday, from 6:00 P.M. the night before until 2:00 P.M. Easter Day. c. Fourth of July, from 6:00 P.M. the night before until 2:00 P.M. Independence Day. d. Thanksgiving Day, from 6:00 P.M. the night before until 6:00 P.M. "Black Friday." Years Day. e. Christmas Day, from 2:00 P.M. until 2:00 P.M. New (2) ODD YEARS (i.e., 2009, 2011, 2013, etc.) a. Memorial Day, from 6:00 P.M. the day before until 2:00 P.M. Memorial Day. b. Labor Day, from 2:00 P.M. the night before until 2:00 P.M. Labor Day. c. Christmas Eve, from 2:00 P.M. until 2:00 P.M. Christmas Day; then from 6:00 P.M. December 26th until 2:00 P.M. New Years Eve. C. If Defendant, father, has partial physical custody on a holiday failing within his scheduled weekend, the weekend schedule applies. D. Children's birthdays and parents' birthdays shall not change the foregoing schedule: respective birthdays may be celebrated within the regularly scheduled weekends. E. Summer vacation. Defendant, father, may have partial physical custody of children every other week, from 6:00 P.M. on Fridays until 6:00 P.M. on the following Friday, commencing the first Friday after school dismisses for the summer, and ending the weekend before school begins in the fall. For purposes of camp, organized sports programs, and similar enrollments, parties agree to cooperate in facilitating the continuity of children's participation by appropriate modifications during the summertime. 6. Pick-up and drop-off times may be subject to a fifteen minute grace period; otherwise, time is of the essence. Parties agree that they shall specifically coordinate the locations of meeting for pick-up and return of children at points half-way between each parties' residence. 7. Any changes in schedule shall be coordinated by mutual agreement in advance. If temporary delays in meeting scheduled times are encountered, notice by text messages of e-mail shall be sent to the other party advising them of the contingency. No impromptu communications shall be made except in emergencies. 8. The parties recognize the custodial/Camp Hill area provides the child with a familiar and congenial environment in which the children possess significant relationships with friends, relatives, teachers and classmates. Therefore, neither party shall remove the children from the Camp Hill area, or more than one hundred (100) miles from their ,~ .- • ~ . present residences, for the purpose of changing the residence of the children to a location outside the Camp Hill area, or for any other reason, without the express written agreement of the other party, or with leave of the Court of Common Pleas of Cumberland County, Pennsylvania obtained prior to removing the children and not obtained on an ex partebasis. If either party desires to establish a residence with the children more than one hundred (100) miles from the present residences, he or she shall give the other party at least ninety (90) days written notice in advance of the proposed move and all information requested by the other party about the proposed move. If the parties are unable to agree about the proposed relocation, the court of Common Pleas of Cumberland County, Pennsylvania, shall have exclusive jurisdiction of the parties and the children to enter an appropriate primary custody/partial custody Order. Neither party shall relocate with the child unless and until such Order is entered by the Court of Common Pleas of Cumberland County. 9. Each party shall have reasonable telephone and mail access to the children when in the custody of the other parent. 10. Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the children are with that parent. 11. Neither party shall disparage the other party in front of the children, attempt to alienate the affections of the children from the other party, or allow third parties to attempt to alienate the affections of the children from the other party. 12. The parties shall not involve the children in any of the disputes concerning him/her, including but not limited to financial matters. 13. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the children at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regarding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate alternate notification of an emergency. 14. The foregoing schedule is based upon Plaintiff living in Camp Hill, Cumberland County, Pennsylvania, and Defendant living in Hagerstown, Maryland. The relocation of either party from their current residences may form a basis for change of this custody schedule and no such relocation shall take place without the non-relocating party's express consent or court order after a full hearing. This requirement has no bearing on the nan-custodial parent's freedom of choice to displace his residential home. Its purpose is to enable parties to ascertain and adjust, if necessary, the scheduled frequency and duration of partial custody. Besides the custodial parent's entitlement to know the location of her children, the time-space factors involved in commuting must be reasonably and practically accommodated. ,. ~I> 15. Each party shall promptly notify the other of any travel plans, travel arrangements, and any delays which might affect the custodial arrangements. Each party shall provide the other party notice reasonably in advance of any scheduled trip with an itinerary including names of hotels or residence addresses and telephone numbers for the applicable periods of time. 16. This Stipulation shall be entered as HA E. E ER Plan ff /~ WILLIAM S. DANIELS, Esquire Attorney for Plaintiff .b 2-- '~'~" ~ an Order ~ Court. /:~° s :• f~`' CHR STOPHER T. LER, II /~~~;/f e ea~dafL _ S CLINTON BARKDOLL, Esquire Attorney for Defendant ~- ~~ - ~~P BY THE C URT: IJ r~{~~i ~~''i~AS~RJ ~~ ~t_. QZ ~'~ 1~d 9 ! ~,~ ~O~Z 1.i~lUidv~-~,~+~u~ ~Hl IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY Martha B. Eyler Civil Action Plaintiff/Respondent v. No. 07-5251 Christopher T. Eyler, II Defendant/Petitioner Custody PETITION TO MODIFY CUSTODY ORDER 1. The Plaintiff/Respondent is Martha B. Eyler a sui juris adult living and residing at: 6 Country Club Place West, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant/Petitioner is Christopher T. Eyler, II, a sui juris adult living and residing at 11806 Clearview Road, Hagerstown, Washington County, Maryland 21742. 3. The Petitioner seeks custody of the following children: :lame Present Residence Awe Brandon J. Eyler 6 Country Club Place West 10 Alexis K. Eyler Camp Hill, PA 17011 9 4. The Brandon J. Eyler was born out of wedlock, Alexis K. Eyler was not born out of wedlock. The children are presently in the primary physical custody of Martha B. Eyler. 5. During the past three years, the children have resided with the following persons at the following addresses: Persons A. Mother & Father Addresses 1910 Spring Rd. Carlisle, PA 17013 Dates - June 3, 2006 B. Mother & Paramour' C. Mother & Paramour 205 Conodoguinet St. Camp Hill, PA 17011 6 Country Club Place West Camp Hill, PA 17011 6. Aug. 2006 -June 2008 June 2008 to present The mother of the children is Martha B. Eyler who resides at 6 Country Club Place West, Camp Hill, PA 17011 She is single. 7. The father of the child is Christopher T. Eyler, II who resides at 11806 Clearview Rd., Hagerstown, MD 21742 He is married. 8. The relationship of the Petitioner to the child is that of father. The Petitioner currently resides with the following persons: Name Relationship Barbara Eyler Wife 9. 1 The exact date that Paramour moved in with Mother is not known, only that it occurred sometime during this two year i,~riod. 2 The relationship of the Respondent to the child is that of mother. The Respondent currently resides with the following persons: Name Relationship Paul Neel paramour Brandon J. Eyler son Alexis K. Eyler daughter 10. The Petitioner has not participated as a party or witness in other litigation concerning the custody of the children in this or any other Court. The Order currently in place was a stipulated Order. Said Order is attached hereto. 11. The Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. The Petitioner does not know of a person nor a party to this proceeding who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested herein. The Petitioner is requesting primary physical custody of his son, Brandon, because: A. The Petitioner is better equipped to provide a stable home environment for his son, Brandon, at this time, than the Respondent. B. Brandon desires to live with his father and is unhappy in his current home environment. C. Brandon's grades are dropping and the Petitioner feels Brandon's unhappy home life is affecting his grades. D. Respondent often does not show up with the children at the stipulated time and place for the custody exchange and the children are deprived of their visit with Father. 3 E. The Respondent's paramour does smoke, and Brandon and Alexis's doctor ha.s expressed concern about the effect of smoking on the children's health. 14. Each parent whose parental rights to the children have not been terminated and the :person who ias physical custody of the children have been named as parties to this action. 15. A copy of this Complaint was mailed to the Respondent, Martha B. Eyler, at her home address in Camp Hill via regular mail on ~~' 2009, and to her attorney, William Daniels, Esquire, on 2009. WHEREFORE, the Petitioner respectfully requests the Court to grant custody ofd, :Brandon, to him and continue with the curren* partial custody orders for Alexis. Respectfully submitted, KULLA, BARKDOLL, ULLMAN & PAINTER, P.C. ~ ~' BY. ,/ .~ J ` Clinton T. Barkdoll, Esquire Attorney for Petitioner VERIFICATION I verify that the statements set forth in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. .-~~~ ;~ ,. Date: ~ ~ ~- Christopher T. Eyler, II MARTHA B. EYLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER T. EYLER,II N0.07-5251 CIVIL TERM Defendant IN CUSTODY c ,-, ~ -- STIPULATION FOR AN AGREED ORDER OF CUSTODY ~~;i; =' AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: c- ~-`~ ,~ . _. :,~ ._ 1. The parties shall have joint legal custody of their minor children,~:`~-, legal custody being defined as the legal right to make major decisions ~-"~- affecting the upbringing of the children, including but not limited to .:~ medical, :religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy for promoting the children's best interests. 2. Each party has a right to be kept informed of the children's educational and medical development and shall have a right of access to the children's educational and medical records. Each party shall be entitled t.o complete and full information concerning the children from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. Within ten (10) days of the date of this stipulation, Plaintiff shall provide Defendant with a complete list of all the children's teachers, medical care providers, close friends and the friends' parents, along with telephone numbers and addresses for each. 3. Each party shall promptly notify the other of any matter relating to the chi-ldren which could reasonably be expected to be of significant concern to the other party. 4. Plaintiff, mother, shall have primary physical custody of the children, son Brandon and daughter Alexis. 5. Defendant, father, shall have partial physical custody cf the children, using the following rotation cycle: A. Defendant, father, may have partial physical custody every other weekend from Fridays at 6:00 P.M. until Sundays at 6:00 P.M. B. Defendant, father, may have partial physical custody on every other holiday as follows: (1) EVEN YEARS (i.e., 2008, 2010, 2012, etc.) N ca ~'} ~ '~1 --~ --: ~~f ~ T GTE ~~~ C..J _L T "i ~ s- :.'~ ~ ~ a. New Years Day, from 2:00 P.M. until 6:00 P.M. b. Easter Sunday, from 6:00 P.M. the night before until 2:00 P.M. Easter Day. c. Fourth of July, from 6:00 P.M. the might before until 2:00 P.M. Independence Day. d. Thanksgiving Day, from 6:00 P.M. the night before until 6:00 P.M. "Black Friday." e. Christmas Day, from 2:00 P.M. until 2:00 P.M. Neia Years Day. (2) ODD YEARS (i.e., 2009, 2011, 2013, etc.) a. Memorial Day, from 6:00 P.M. the day before until 2:00 P.M. Memorial Day. b. Labor Day, from 2:00 P.M. the night before until. 2:00 P.M. Labor Day. c. Christmas Eve, from 2:00 P.M. until 2:00 P.M. Christmas Day; then frcm 6:00 P.M. December 26th until 2:00 P.M. New Years Eve. C. If Defendant, father, has partial physical custody on a holiday f.slling within his scheduled weekend, the weekend schedule applies. . D. Children's birthdays and parents' birthdays shall not change the foregoing schedule: respective birthdays may be celebrated within the regularly scheduled weekends. E. Summer vacation. Defendant, father, may have partial physical custody of children every other week, from 6:00 P.M. on Fridays ur.~til 6:00 P.M. on the following Friday, commencing the first Friday after school dismisses for the summer, and ending the weekend before school begins in the fall. For purposes of camp, organized sports programs, and similar enrollments, parties agree to cooperate in facilitating the continuity of children's participation by appropriate modifications during the summertime. 6. Pick-up and drop-off times may be subject to a fifteen minute grace period; otherwise, time is of the essence. Parties agree that they shall specifically coordinate the locations of meeting for prick-up and return of children at points half-way between each parties' residence. 7. Any changes in schedule shall be coordinated by mutual aq_reement in advance. If temporary delays in meeting scheduled times are encountered, notice by text messages of e-mail shall be sent to the other party advising them of the contingency. No impromptu communications shall be made except in emergencies. 8. The parties recognize the custodial/Camp Hill area provides the child with a familiar and congenial environment in which the children possess significant relationships with friends, relatives, teachers and classmates. Therefore, neither party shall remove the children from the Camp Hill area, or more than one hundred (100) miles from their present residences, for the purpose of changing the residence of the children to a location outside the Camp Hill area, or for <iny other reason, without the express written agreement of the other party, or with leave of the Court of Common Pleas of Cumberland County, Pennsylvania obtained prior to removing the children and not obtained on an ex partebasis. If either party desires to establish a residence with the children more than one hundred (100) miles from the present residences, he or she shall give the other party at least ninety (90) days written notice in advance of the proposed move and al]_ information requested by the other party about the proposed move. If t:he parties are unable to agree about the proposed relocation, the court of Common Pleas of Cumberland County, Pennsylvania, shall have exclusive jurisdiction of the parties and the children to enter an appropriate primary custody/partial custody Order. Neither party shall. relocate with the child unless and until such Order is entered by the Court of Common P]_eas of Cumberland County. 9. Each party shall have reasonable telephone and mail access to the children when in the custody of the other parent. 10. Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the children. are with that parent. 11. Neither party shall disparage the other party in front of the children, attempt to alienate the affections of the children from the other party, or allow third parties to attempt to alienate the affections of the children from the other party. 12. The parties shall not involve the children in any of the disputes concerning him/her, including but not limited to financial matters. 13. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the children at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regarding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate alternate notification of an emergency. 14. The foregoing schedule is based upon Plaintiff living In Camp Hill, Cumberland County, Pennsylvania, and Defendant living in Hagerstown, Maryland. The relocation of either party from their current residences may form a basis for change of this custody schedule and no such relocation shall take place without the non-relocating party's express consent or court order after a full hearing. This requirement has no bearing on the non-custodial parent's freedom of choice to displace his residential home. Its purpose is to enable panties to ascertain and adjust, if necessary, the scheduled frequency and duration of partial custody. Besides the custodial parent'e; entitlement to know the location of her children, the time-space factors involved in commuting must be reasonably and practically accommodated. 15. Each party shall promptly notify the other of any travel plans, travel arrangements, and any delays which might affect the custodial arrangements. Each party shall provide the other party notice reasonably in advance of any scheduled trip with an itinerary including names of hotels or residence addresses and telephone numbers for the applicable periods of time. 16. This Stipulation shall be entered as HA E. E ER G,`~ P~f f ~~ WILLIAM S. DANIELS, Esquire Attorney for Plaintiff ~ 2- 2-dO' S an Order ,q~f Court . ::' /r , /f I ~ _ CHR STOPHER T. LER, II /~~1/f e~da~ _ ~/~-~ CLINTON BARKDOLL, Esquire Attorney for Defendant BY THE C URT: ~• WI~~ ~ ~ ZO o~ FlLFD-0F~IGE 2~~9 APP -3 Pfd i ~ ~f3 =rt~'dt~f~~ TN Crc.~ l~.'1'1 P~ a asaoy MARTHA B. EYLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-5251 CIVIL ACTION LAW CHRISTOPHER T. EYLER, II . 1N CUSTODY DF,FENDANT ORDER OF COURT AND NOW, _ Tuesday, Apri107, 2009 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel. appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 07, 2009 at 9:30 AM for aPre-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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. Tlie 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/ jacgueline M. Yerne~ Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ofi ~~ PFD ~ T ~!'Y 2QQ9 APR _8 ply ,~; 5 f ~'~x a' ntr"j '..~r..l~t~ ~~;~ MARTHA B. EYLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-5251 CIVIL ACTION -LAW CHRISTOPHER T. EYLER, II, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 16th day of December, 2009, more than ninety days having passed since the parties requested a Continuance and neither party has requested a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, V" ~- acq ine M. Verney, Esquire, Custody onciliator . a: 20(19 DEC 1 ~ ~M #0= 3? CJ~~. ; ,.F, ~:,~~i~ p~~~t~~'ft:.llf~t~l~~ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DIST.RI T OFD PENNSYLVANIA -CUMBERLAND COUNTY ~' m c.... Martha B. Eyler Civil Action ,~ x Plaintiff/Respondent cit ~ - ~ v. No. 07 - 5251 .,,_ '• Christopher T. Eyler, II ~ 4 Defendant/Petitioner Custody STIPULATIONAND AGREEMENT THIS STIPULATIONAND AGREEMENT is made this day of , 2009 by and between Martha B. Eyler of 1830 Pine Road, Newville, Cumberland County, Pennsylvania hereinafter referred to as "Mother", and Christopher T. Eyler, II of 11806 Clearview Road, Hagerstown, Washington County, Maryland 21742. hereinafter referred to as "Father" 1. Mother and Father are the natural parents of Brandon J. Eyler and Alexis K. Eyler. 2. The Brandon J. Eyler was born out of wedlock, Alexis K. Eyler was not born out of wedlock. 3. With the exception of the action filed to the above-captioned number and term, neither party has participated as a party in other litigation concerning the custody of the children in this Court. 4. Neither of the parties has information of a custody proceeding concerning the children in a Court of this Commonwealth. 5. Neither of the parties knows of any person not a parry to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 6. Plaintiff, Martha B. Eyler, is represented by William Daniels, Esquire and Defendant, Christopher T. Eyler, II, is represented by Clinton T. Barkdoll, Esquire with regard to this matter 7. The parties have reached an agreement with regard to the custody of their children and desire to reduce their agreement to an Order of Court. NOW, THEREFORE, the parties, intending to be legally bound and waiving their right to be present when this Stipulation and Agreement and Order of Court are presented and executed, hereby stipulate and agree that the Court may enter the attached Order of Court in the above- captioned case. IT IS HEREBY ORDERED AND DECREED as follows: 1. Legal custody of the parties' minor children, Brandon J. Eyler, born July 7, 1998, and Alexis K. Eyler, born November 6, 1999, shall be equally shared between Martha B. Eyler, Plaintiff, hereinafter referred to as "Mother", and Christopher T. Eyler, II, Defendant, hereinafter referred to as "Father". 2. Beginning with the Fa112009 school year, the parties shall share physical custody of their minor children as follows: a) Father shall have primary physical custody of Brandon from Sunday evenings at 6:00 p.m. through Friday evenings at 6:00 p.m.; b) Mother shall have primary physical custody of Alexis from Sunday evenings at 6:00 p.m: through Friday evenings at 6:00 p.m.; c) Father will have physical custody of Alexis and Brandon from 6:00 p.m. Friday through 6:00 p.m. Sunday. The following weekend Mother will have physical custody of 2 Alexis and Brandon from 6:00 p.m. Friday through 6:00 p.m. Sunday. Custody exchanges will continue in a like manner with the parties having custody of both children every other weekend. d) During the children's summer vacation, the parties will have physical custody of the children every other week, on a week to week basis, commencing the first Friday after school dismisses for the summer, and ending the weekend before school begins in the fall. For purposes of camp, organized sports programs, and similar enrollments, the parties agree to cooperate in facilitating the continuity of the children's participation by appropriate modifications during the summertime. e) All custody exchanges will occur at a mutually agreeable location in Shippensburg, Pennsylvania. 3. Brandon will be enrolled in the Washington County, Maryland school system, effective immediately. 4. All other terms of the prior Custody Order filed May 16, 2008, which is attached hereto and incorporated herein, will remain in place. 5. Mother and Father agree to work together to insure the best interests of their children. Each parent agrees to at all times encourage the children to comply with the terms of this Stipulation as it relates to the periods of partial custody to be spent with the party. While in the presence of the children, neither of the parties shall make any remark or do anything that can be in any way construed as derogatory or uncomplimentary to the other and it shall be the duty of each to uphold the other party as one to whom the children should respect and love. FURTHER, the parties agree that, in procuring this agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other party. 3 J r IN WITNESS WHEREOF, the parties, intending to be legally bound by the terms and conditions of this agreement, execute this agreement by signing below. Witness '~ ! i r G Witness a t~8. Eyler '~ f • ~,./ Christopher T. Eyler, II 4 I verify that the facts set forth in the above Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. .,~ ,, ,. , ~ , e '~~..I~fartha yler I verify that the facts set forth in the above Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. 1 ~~~~ ate ~,.... .. ~~ ~.~- ~+ /`~ ,,. ~` Christopher T. Eyler, II JAN 0 6 2010l~ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY Martha B. Eyler Plaintiff/Respondent v. Christopher T. Eyler, II Defendant/Petitioner Civil Action No. 07 - 5251 Custody ORDER OF COURT t'? c ~'r f t,:, .; .~ ~- z- L7J ~~ t~ ~.; ~~ ~~ `_:; ~3 ~;~ -„ `~ n ..~ NOW, this day of j 1J7 ~ , 2010, upon presentation and consideration of the within Stipulation and Agreement, IT IS HEREBY ORDERED AND DECREED as follaws: 1. Legal custody of the parties' minor children, Brandon J. Eyler, born July 7, 1998, and Alexis K. Eyler, born November 6,1999, shall be equally shared between Martha B. Eyler, Plaintiff, hereinafter referred to as "Mother", and Christopher T. Eyler, II, Defendant, hereinafter referred to as "Father". 2. Beginning with the Fa112009 school year, the parties shall share physical custody of their minor children as follows: a) Father shall have primary physical custody of Brandon from Sunday evenings at 6:00 p.m. through Friday evenings at 6:00 p.m.; b) Mother shall have primary physical custody of Alexis from Sunday evenings at 6:00 p.m. through Friday evenings at 6:00 p.m.; c) Father will have physical custody of Alexis and Brandon from 6:00 p.m. Friday through 6:00 p.m. Sunday. The following weekend Mother will have physical custody of Alexis and Brandon from 6:00 p.m. Friday through 6:00 p.m. Sunday. Custody exchanges will continue in a like manner with the parties having custody of both children every other weekend. d) During the children's summer vacation, the parties will have physical custody of the children every other week, on a week to week basis, commencing the first Friday after school dismisses for the summer, and ending the weekend before school begins in the fall. For purposes of camp, organized sports programs, and similar enrollments, the parties agree to cooperate in facilitating the continuity of the children's participation by appropriate modifications during the summertime. e) All custody exchanges will occur at a mutually agreeable location in Shippensburg, Pennsylvania. 3. Brandon will be enrolled in the Washington County, Maryland school system, effective immediately. 4. All other terms of the prior Custody Order filed May 16, 2008, which is attached hereto and incorporated herein, will remain in place. 5. Mother and Father agree to work together to insure the best interests of their children. Each parent agrees to at all times encourage the children to comply with the terms of this Stipulation as it relates to the periods of partial custody to be spent with the party. While in the presence of the children, neither of the parties shall make any remark or do anything that can be in any way construed as derogatory or uncomplimentary to the other and it shall be the duty of each to uphold the other party as one to whom the children should respect and love. A~~ C'. E~~k~,CC !'2. le,~ Cc~ 4 es .ri.~~~, ~ Va`w By the Court_