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HomeMy WebLinkAbout07-6637Constance P. Brunt, Esquire Supreme Court ID 929933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbru ntO-)CPBruntLaw.com JAMES T. KETELSLEGER, Plaintiff VS. KIMBERLY A. KETELSLEGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. bq- &US1 Civil --W 1 ) : CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntgb-CPBruntLaw.com Attorney for Plaintifft JAMES T. KETELSLEGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 07- 4 b -3 7 ' - KIMBERLY A. KETELSLEGER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, JAMES T. KETELSLEGER, by and through his attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, KIMBERLY A. KETELSLEGER, upon the grounds hereinafter set forth. 1. Plaintiff is JAMES T. KETELSLEGER, an adult individual, who currently resides at 418 Appletree Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is KIMBERLY A. KETELSLEGER, an adult individual, who currently resides at 3503 Stockwood Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 18, 1990, in Portsmouth, Newport County, Rhode Island. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. 2 WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. Respectfully submitted, DATE: f le CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cl2brunt CPBruntLaw.com Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in the foregoing 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. DATED: / 42ez=2- T JAMES T. KETEL LEGER, Plaintiff 14 M ties/ D Constance P. Brunt, Esquire Supreme Court ID 929933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt&CPBruntLaw.com Attorney for Plaintiff JAMES T. KETELSLEGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KIMBERLY A. KETELSLEGER, : CIVIL ACTION -LAW : NO. 07 - 6637 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, THERESA BARRETT MALE, ESQUIRE, attorney for the Defendant, KIMBERLY A. KETELSLEGER, in the above-captioned divorce action, hereby accept service of the Complaint in Divorce filed on October 31, 2007, and certify that I am authorized to do so. Date: /? ° 1 6 7 THERESA BARRETT MALE, ESQUIRE Supreme Court ID # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 FAX (717) 233-6862 tbm(&tbmesguire.com Attorney for Defendant ,, -i t i Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cobrunt&CPBruntLaw.com Attorney for Plaintiff JAMES T. KETELSLEGER, Plaintiff V. KIMBERLY A. KETELSLEGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 6637 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree In 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: /4 ! / $ Z-- J ES T. KETELSLEGER, Plaintiff 6?? CD C`J F `' ? A Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cabrunt&CPBruntLaw.com Attorney for Plaintiff JAMES T. KETELSLEGER, V. Plaintiff KIMBERLY A. KETELSLEGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07 - 6637 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE I consent to the entry of a final Decree In Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. _A I verify that the statements made in this Waiver of Notice 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: -4- JAMES T. KETELSLEGER, Plaintiff -2- C n 4, Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cpbrunt&CPBruntLaw.com Attorney for Plaintiff JAMES T. KETELSLEGER, Plaintiff V. KIMBERLY A. KETELSLEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 6637 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree In 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: IDI9/ 0P A. KIMBERLY . KETELSL GER, D endant ,?. ? Clime r 4 CO' y Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cobrunt&CPBruntLaw.com Attorney for Plaintiff JAMES T. KETELSLEGER, Plaintiff V. KIMBERLY A. KETELSLEGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 6637 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver of Notice 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: l °/ 9 d joKI BERLY A. KETE SLEGER Defendant -2- C`J ^' ?::, ?:s c:? ? C"a ?--i ? ? ? ? ---°. i t ? r?' _ -?c. _ ?7 , ^ '? i _ ,.? ? - . .. = t ,-?-? t.? ro ? a Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntACPBruntLaw.com Attorney for Plaintiff JAMES T. KETELSLEGER, Plaintiff V. KIMBERLY A. KETELSLEGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07 - 6637 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: By Acceptance of Service dated November 7, 2007 and filed on October 10, 2008. ;__ a 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff on 10/9/08; by Defendant on 10/9/08. (b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: Not applicable; (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: Not applicable. 4. Related claims pending: None. 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: Not applicable. (b) Date Plaintiffs Waiver Of Notice was filed with the Prothonotary: 10/10/08. Date Defendant's Waiver Of Notice was filed with the Prothonotary: 10/10/08. Respectfully submitted, DATE: /o/ off jzglaf CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cgbrunt __CPBruntLaw.com Attorney for Plaintiff c?J Iii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES T. KETELSLEGER, Plaintiff VERSUS KIMBERLY A. KETELSLEGER, Defendant No. 6637 2007 DECREE IN DIVORCE AND NOW, DECREED THAT , PLAINTIFF, AND KIMBERLY A. KETELSLEGER 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; PROTHONOTARY c* /' "3r? 'N4 • 0v1; F^ • Iy ,070*, IT IS ORDERED AND JAMES T. KETELSLEGER .;4? r°u of Quintina. M. Laudermilch. Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 635 N. 1 ?'h Street, Suite I O l , Lemoyne_ PA 17013 . (7 ] 7) 724-9821 tlaudermitch c dzrrimglaw.com ~ ;; ; ,_ , , , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES T. KETELSLEGER, Plaintiff/Respondent CIVIL ACTION -LAW ~ . 1JOCxet ivo. GUU ~-bbs ~ KIMBERLY A. KETELSLEGER, (In Divorce) Defendant/Petitioner : PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, comes Defendant/Petitioner, Kimberley A. Ketelsleger, by and through her counsel Quintina M. Laudermilch, Esquire of Daley Zucker Menton Miner and Gingrich, LLC and tiles this Petition to Enforce Marital Settlement Agreement and in support thereof avers as follows: 1. Petitioner, Kimberle}~ A. Ketelsleger, is the Defendant in the above-referenced divorce matter. 2. Respondent, James T. Ketelsleger, is the Plaintiff in the above-referenced divorce matter. 3. The parties were married on August 18, 1990 in Portsmouth. Newport County, Rhode Island. 4. Two children were born of the marriage, namely Cameron J. Ketelsleger (DOB 2/17'1994? and Sarah M. Ketelsleger (DOB 7/19/1997). 5. The parties separated on January 17., 2006 and a final Decree in Divorce was entered on October 14. 2008 by the -Honorable Edward E. Guido. 6. Prior to the entry of the final Decree in Divorce, the parties successfully engaged in mediation to resolve the economic issues incident to the divorce and executed a Marital Settlement Agreement dated October 9, 2008 which outlined the terms of the parties' agreement (hereinafter "Agreement"). A copy of the October 8, 2008 Agreement is attached hereto as Exhibit "A'~ and incorporated herein by reference. 7. 1 n addition to resolving the economic issues incident to the divorce, the Agreement outlined specific obligations regarding the support of the parties' children. 8. At the time of the parties' divorce, and for three (~) years thereafter. the children resided primarily with Petitioner. 9. 'The Agreement established an initial monthly support obligation to he paid by Respondent to Petitioner, as well as a directive that Respondent pay to Petitioner ?0% of all bonuses, net of taxes, which .Respondent receives each year, the payment of which must be made within 30 days of receipt of the bonus (see Paragraph 17. p. 16). 10. T'he Agreement further allows for modification of the support obligation subject to certain conditions, including, but not limited to, any change in the primary --esidence of the children, annual adjustments based on the parties income and the existing support guidelines in effect at the time. when Cameron turns 18 or graduates from high school (see Paragraphs 17.a, l 7.e and 17.f, 'pp. 16-17). l 1. The Agreement further states that the parties are to equally share the legal fees associated with recalculating the support figures (see Paragraph 17.e) and Respondent is responsible for the legal fees incurred by Petitioner in enforcing her rights under the Agreement (see f aragraph 29. p. 26). 12. In March 201 1. Respondent received a bomis; however, Petitioner did not receive the amount owed to her from the bonus until July 2011, well past the 30 days from the date the bonus was received, which is in clear violation of the Agreement. I3. In October 2011, the parties' oldest child. Cameron, who was still a minor at the time, began to live primary with Respondent and Respondent unilaterally ceased all support payments to Petitioner even though Sarah, the parties' youngest child, continued to reside primarily with Petitioner. 14. inn December 12, 2011 the undersigned contacted Respondent to request the necessary income information to recalculate the support obligation given the change in primary residence of Cameron; however, Respondent ignored the request. 15. On January 30, 2012, pursuant to Paragraph 29 of the parties" Marital Settlement r'~greement regarding Breach, the undersigned forwarded a letter to Respondent: advising that enforcement action would be taken i.f Respondent did not provide the information within fifteen (15) days. l6. Respondent emailed the undersigned on February 3. 2012 explaining his position to the support payments but refused to provide the information requested. 17. Respondent ultimately provided the requested information by email dated February l0, 2012. 18. After multiple emails between Respondent and the undersigned regarding the recalculated support amount and the costs incurred to enforce the Agreement and calculate the support tigures. Respondent finally made a payment to Petitioner on March 10, 2012 for the support due and owing to Petitioner since November 201 1 and on or about April K, 2012 he paid the cost ~_>f the legal fees owed to Petitioner but only 15% of the bonus he received in 2012, and not the 20°% required by the Agreement. ] 9. Petitioner and the undersigned have made repeated attempts to collect the remaining bonus amount due to Petitioner but Respondent refuses to make the payment. 20. In June 2012, the parties' son Cameron graduated from high school In anticipation thereof, Petitioner requested the undersigned to recalculate the support based on Cameron's emancipation and the annual adjustment based on the parties' respective incomes. 21. The parties agreed to the recalculated support amount, which was effective as of .tune 8. 2012, w°hen Cameron graduated high school. 22. Because Respondent makes his support payments one month in advance, Respondent o~~es an additional amount to Petitioner for the June 2012 support payment, which he previously paid in May 2012 at the lower support amount. ~. Despite repeated requests, Respondent refuses to pay the iegaC fees incurred Petitioner t:o enforce the agreement, he refuses to pay the additional amount owed to Petitioner for June ZOl2 and he refuses to pay the remaining amount due to Petitioner from his 2012 bonus. 2~. Respondent has breached the terms of the parties Agreement and Petitioner is seeking to have the Agreement enforced. 25. Petitioner is requesting that Respondent immediately pay the remaining amount due from his 2012 bonus ($969.42), that he pay the amount due and owing for the June 2012 support payment ($388.65), and one half the legal fees incurred by Petitioner to have the support recalculated ($152). 26. In addition, Petitioner is requesting that Respondent pay to Petitioner $ ] .500 plus any additional legal fees she may incur in the event a hearing is scheduled on this matter, for the fees Petitioner has incurred in seeking enforcement of the Agreement. 7. The undersigned has contacted counsel for Respondent via Email on Ocl:ober 4, 2012 to seek his concurrence regarding the filing of this Petition. On October 8, 20+12, the undersigned. received a response via email transmission indicating that counsel for Respondent does not concur with the filing of same. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order directing Respondent to pay Petitioner $1,510.07 for the amount owed to Petitioner under the terms of the Agreement, as well as, X1,500 for the counsel fees incurred by Petitioner in seeking enforcement of the Agreement. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ,._. Date: - / `t` ! ~-- B f~ `~ ~ Q~Citntina M. Laudermilch, Esquire Attorney LD. No. 94664 635 N. 12`h Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 tlaudermilch@dzmmglaw. com Attorneys,for Defendant/Petitioner VF.RIFTC'ATT()N I, Kimberly ~. Ketelsleger, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 't~ .~/ ~- ~ ~ ~--~~C~ -~_ Ki erly A~~~telsleger, De endunliPel ioraep MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~~- day of ~~~ , 2008, by and between KIMBERLY A. KETELSLEGER, now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "KIM", -AND- JAMES T. KETELSLEGER, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "JIM", WITNESSETH: WHEREAS, JIM and KIM were lawfully married on August 18, 1990, in Portsmouth, Newport County, Rhode Island, and there having been two children born of this marriage: CAMERON JAMES KETELSLEGER (DOB: 02/17/1994) and SARAH MARIE KETELSLEGER (DOB: 07/19/1997); and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties separated on January 17, 2006, and intend to live separate and apart from one another hereafter, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of KIM by JIM or of JIM by KIM; the settling of all matters relating to the custody and support of their minor children; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities anal rights growing out of the marriage relationship; and WHEREAS, the provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. KIM has employed and had the benefit of counsel of THERESA BARRETT MALE, ESQUIRE, as her attorney. JIM has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as his attorney. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, JIM and KIM, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for JIM and KIM at all times hereafter to live separate and apart from each other and to reside, from time to time, at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. 2. FINANCIAL DISCLOSURE AND THE USE OF A MEDIATION PROCESS. After consultation with their respective counsel regarding the options for use of legal services in divorce and for different methods of conflict resolution, the -2- parties elected to use a mediation process to make the decisions necessary under the circumstances. The parties worked with MELISSA PEEL GREEVY, J.D., as their mediator and engaged in a total of eight (8) mediation sessions. In that process„ the parties waived formal discovery and made voluntary full and fair disclosure of all assets; incomes, debts and other information needed for full and complete settlement. Each party had the opportunity to request information, and each received copies of any documents requested including, but not limited to, statements regarding investment, retirement, checking and savings accounts, deeds and real estate settlement sheets. Neither party wishes to make or append hereto any further enumeration or statement. As a result of the documents exchanged and the disclosure process, each party acknowledges that he or she is sufficiently familiar with the assets and income of the other to make an informed decision regarding the content of this agreement. Earh party warrants that he/she is not aware of any marital asset which is not identified in this agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all property valued by means of appraisals or otherwise. In arriving at the agreements set forth in this Marital Settlement Agreement, JIM and KIM have applied their individual standards of reasonableness and acceptability. The conclusions they have reached are based in part on their respect and regard for each other. From time to time, in order to measure the appropriateness of their conclusions, the parties have consulted with their respective counsel for legal advice and have considered what might happen if the matter were adjudicated in court, but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here. JIM and KIM represented to one another throughout the mediation process that their negotiations were in good faith and that each had fully and completely disclosed all financial information necessary or requested in order #o resolve the parties' property and support rights fairly. By their signature on this Agreement, -3- they reaffirm those representations, upon which each of them has relied in making this Agreement. The parties acknowledge that no independent investigation has been made by their mediator or their respective counsel of the character or of the value of the parties' property, or the extent of debt or amount of income of the parties, other than an inspection of paystubs, income tax returns and the various documents voluntarily provided by the parties. The parties have instructed counsel that they desire to make this Agreement without any further independent investigation by counsel. The parties understand and acknowledge that they are relying on mutual disclosures made in their mediation process in making this Agreement and that they are not relying on their mediator or counsel for any independent verifications of the accuracy or completeness of these disclosures. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to, a claim of constructive trust. 3. SUBSEQUENT DIVORCE. JIM has filed a Complaint in Divorce in The Court Of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 07- 6637 Civil Term, claiming that the marriage is irretrievably broken under the no-fault„ mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code as soon as practicable following the expiration of the 90 day period from date of filing and service of the Complaint In Divorce. The said affidavits and other documents necessary to obtain the divorce at that time shall be executed by the parties promptly upon request and delivered to JIM'S counsel for filing with the Court. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. -4 Neither party to such action shall seek alimony,. alimony pendente lite, or support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, ar order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option of the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 4. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. -s- 5. DEBTS AND OBLIGATIONS. JIM represents and warrants to KIM that he has not, and in the future he will not, contract or incur any debtor liability for which KIM or her estate might be responsible, and he shall indemnify and save KIM harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him in his individual name at any time. KIM represents and warrants to JIM that she has not, and in the future she will not, contract or incur any debt or liability for which JIM or his estate might be responsible„ and she shall indemnify and save JIM harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her in her individual name at any time. Except as may be otherwise specifically set forth herein, each party shall be solely responsible for any debts or liabilities incurred in his or her individual name at any time, and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of such debts or obligations.. 6. MUTUAL RELEASES. JIM and KIM do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he/she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary; or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights .~ which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is the intention of JIM and KIM to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 7. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, jewelry, artwork, and other household personal property between them. The parties agree that each shall be and remain the sole and separate owner of any tangible personal property as is currently in his/her respective possession, and each hereby releases and relinquishes any right, title or interest in the tangible personal property now in the possession of the other party. Should it become necessary, the parties each agree to sign upon request any titles or documents necessary to give effect to this paragraph. 8. MARITAL RESIDENCE. The parties acknowledge that they are the joint owners of a residence situate at 3503 Stockwood Street, Mechanicsburg, Cumberland County, Pennsylvania, which is encumbered by a first mortgage with Countrywide Home Loans. The parties agree that the said residence shall be transferred to KIM'S sole and absolute ownership. Contemporaneously with the execution of this Agreement, JIM will execute and acknowledge a deed transferring -~- ownership of the said property to KIM, which will be delivered for recording at such time as KIM formally assumes the mortgage as set forth hereinafter. KIM will pay all costs of preparing and recording the said deed and any fees associated with the assumption or refinancing of the mortgage. KIM will be solely responsible for payment for the Countrywide mortgage balance and will indemnify and save JIM harmless from any liability thereon. KIM has enjoyed sole possession of the said marital residence since separation on January 17, 2006, and will be solely responsible for payment of all expenses incident to the use and ownership of the said marital residence from that date forward, including without limitations, any and all mortgage payments, taxes, liability and fire insurance premiums, utilities, sewer, water, refuse collections, assessments, proper maintenance, repairs, additions and improvements. KIM will indemnify and hold JIM harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. KIM will exercise all necessary efforts to formally assume the Countrywide mortgage encumbering the property as soon as practicable following entry of the final Decree In Divorce or within 90 days from the date that Kim receives written notification of the final Decree In Divorce, in order to fully and completely release JIM from any further liability thereon. In the event that KIM is unable to formally assume the mortgage or to otherwise obtain JIM'S full and complete release from the said mortgage as set forth above, KIM will either refinance the mortgage entirely so as to obtain JIM'S release or shall promptly list the said residence for sale as soon as practicable upon reasonable terms and conditions in order to satisfy the mortgage. Such refinancing or listing for sale shall occur within 90 days from the date that Kim receives written notification of the final Decree In Divorce. 9. JIM'S RESIDENCE. The parties acknowledge that JIM purchased a residence at 418 Appletree Road, Camp Hill, Cumberland County, Pennsylvania, following the separation of the parties. Such property shall remain JIM'S sole and -s- separate property, and KIM hereby waives any right, title or interest therein.. All expenses incident to use and ownership of the said property shall be JIM'S sole responsibility, and he will indemnify and hold KIM harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. 10. VEHICLES. JIM will retain use and possession of the 1996 Toyota Camry, the 1993 GMC van, and the 1995 Four Winns boat, free of any claim by KIM. KIM shall retain ownership, use and possession of the 2003 Pontiac Montana as her sole and separate property, free of any claim by JIM. The parties shall promptly cooperate in the execution and delivery of any titles or other documents necessary to effectuate any required transfer of title or registration consistent with this provision. The parties shall be solely responsible for maintaining appropriate insurance on the vehicles and boat assigned to them herein. 11. LIFE INSURANCE. The parties acknowledge that JIM currently has an Allstate Life Insurance Policy with a $250,000.00 death benefit, and that KIM has a term life insurance policy through her employment with a $50,000.00 death benefit. The parties agree that the children of the parties, CAMERON and SARAH, shall be named, in equal shares, the irrevocable beneficiaries of JIM'S Allstate Life Insurance Policy. JIM shall appoint KIM as trustee of the death benefits for the benefit of the children. Upon the execution of this Marital Settlement Agreement, KIM will be solely responsible for paying the premiums due on JIM'S Allstate Life Insurance Policy. It is the intent of the parties that KIM will provide benefits in the amount of $100,000,00 to the children, in equal shares, upon her death. KIM shall, at her option, either designate the children, in equal shares, the irrevocable beneficiaries of her said $50,000.00 term life insurance policy through her employment and of another life insurance policy with death benefits of $50,000 (or a single life insurance policy with death benefits of $100,000.00) or designate the children, in equal shares, the -9- irrevocable beneficiaries of her said $50,000.00 term life insurance policy through her employment and promptly execute a Will providing for the bequest of $50,000.00 of her estate in equal shares to separate testamentary trusts for the benefit of the parties' children, prior to any other devises or bequests. J1M shall be named as the Trustee of such testamentary trusts. Said testamentary trusts shall provide for expenditures and disbursements of the principal and income of the separate trust at the discretion of the Trustee for the health, maintenance, support and education, including college and other post- secondaryeducation expenses, of the beneficiary of the trust. Such testamentary trusts shall also provide for the distribution of any remaining principal and accumulated income to the child who is the beneficiary of that separate trust at such time as he/she reaches the age of 30, or to such of his/her issue, per stirpes, as are living on the date of distribution in the event that the said child dies before reaching the age of 30. In the event that any life insurance policy referenced above insuring the life of one of the parties expires or is otherwise terminated and that party is unable to obtain a replacement policy providing benefits in the same amount, that party shall promptly execute a Will providing for the bequest of the same amount of his/her estate in equal shares to separate testamentary trusts for the benefit of the parties' children, prior to any other devises or bequests, or shall revise the terms of any existing Will containing such a testamentary trust to increase the bequest to the children to the total amount of death benefits which such party is required by the terms of this provision to provide. Said testamentary trusts shall contain the same terms and conditions as set forth above. The other parent of the children shall be named as the Trustee of such testamentary trusts. All obligations by either party pursuant to this Paragraph 11 shall terminate at such time as the youngest surviving child of the parties reaches age 2.5. 12. JIM'S RETIREMENT ASSETS AND ACCOUNTS. The parties acknowledge that JIM is a participant in a defined benefit pension with his former -10- employer, KPMG, and a defined benefit pension -with his current employer, Delta Dental. In addition, JIM participates in a 401(k) plan through his employment with Delta Dental and has an Individual Retirement Account with Edward Jones. JIM shall retain these and any other such pensions and retirement accounts as he may hereafter acquire, and all benefits to be derived therefrom, as his sole and separate property, free and clear of any right, claim, title or interest by KIM. 13. KIM'S RETIREMENT ASSETS AND ACCOUNTS. The parties acknowledge that KIM participates in a retirement plan through T1AA-CREF and that she also has an Individual Retirement Account with Edward Jones. KIM shall retain these and any other such retirement assets and accounts as she may hereafter acquire, and all benefits to be derived therefrom, as her sole and separate property, free and clear of any right, claim, title or interest by JIM. 14. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like program or account carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme. Each party expressly states that it is his/her respective intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. In the event that the beneficiary designation is not formally changed prior to the death of the party, such that the other party continues to be named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary shall be deemed to be the Estate of the deceased party, and all benefits shall be distributed to the personal representative for the Estate of the deceased party, free of any claim by the other party. -11- Any party receiving payment of any benefits as a result of the death of the other notwithstanding this provision shall immediately deliver them to the personal representative for the deceased party's Estate. Contemporaneously with the execution of this Agreement or promptly upon subsequent request, each party shall execute any additional waivers or other documents that may be required by a plan administrator or financial institution to effectuate the provisions of this paragraph and to waive any claims helshe may now or hereafter have to any survivor benefit or any other interest of any nature. 15. DISTRIBUTION OF CASH ASSETS AND INVESTMENT FUNDS. KIM is the owner of a Members 1ST Money Management Account, which shall remain her sole and separate property, free any claim by JIM. The parties are also the joint owners of an Edward Jones Investment Account No. 896-09305-1-2, which shall be transferred to JIM'S sole and separate ownership within 30 days of the date of execution of this Agreement, and KIM hereby waives any further interest therein. In addition, KIM will pay directly to JIM the difference between the sum of $10,000.00 and the value of the Edward Jones Investment Account at the date of its transfer to JIM'S ownership. This payment shall be made by KIM within 30 days from the date of that transfer. Under no circumstances is KIM liable for payment of more than $10,000.00. Each party shall remain the sole and separate owner of any other bank or depository accounts in his/her individual name, free of any claim by the other party. 16. PARENTING ARRANGEMENTS. The parties will share decision- making authority (also known as "legal custody") of their two minor children, with both parents having the right to control and participate in making major decisions in the children's lives, including educational, medical and religious decisions. Both parties shall be afforded equal access to the children's medical, dental or other records. Each party shall be responsible to inform the other on a timely basis of any information -12- relating to the children which could reasonably be expected to be of interest to a parent. As soon as practicable after receipt by a party, copies of the children's school schedules, special events notifications, report cards, extracurricular information and schedules, and similar notices shall be provided to the other party. In the event of a medical emergency involving a child, the parent then having custody shall have the authority to make any emergency medical treatment decisions, providing that he or she notifies the other parent of the emergency as soon as possible so that the other parent may participate in further treatment decisions. Notwithstanding shared decision-making authority (legal custody) by both parents, non-major decisions involving a child's day-to- day living shall be made by the parent in whose home the children are then present. The parties agree that the children will reside primarily with KIM with regular parenting time with JIM, generally arranged around the following schedule: a. On alternating weekends from Friday after work until Sunday evening at 7:30 p.m. b. On alternating Thursdays following JIM'S custodial weekends from 4:00 p.m. to 7:30 p.m. This will be extended to 8:30 p.m. during the summer school vacation. c. On alternating Mondays preceding JIM'S custodial weekends from 4:00 p.m. to 7:30 p.m. This will also be extended until 8:30 p.rn. during the summer school vacation. d. At such other times as JIM and KIM agree, with consideration to be given to the children's increasing ages and maturity. With regard to the summer vacation period and scheduled vacation time with the children, KIM and JIM agree as follows: -13- a. Each parent will have two non-consecutive uninterrupted weeks of vacation time with the children each year, which need not be during the summer school vacation. The parties may waive by mutual agreement the requirement that such vacation time be exercised non-consecutively for certain situations, provided that there is maximum advance notice of a request for such waiver and discussion by both parties. b. Educational leave days in accordance with the children's school district's policies may be used for vacation time by either parent. c. Either child may have one week of summer visits each with KIM'S parents and JIM'S father. d. The parties acknowledge that both CAMERON and SARAH have summer camp activities. These activities will be taken into consideration by the parties in their scheduling of their custodial time. e. All efforts will be made for the children to attend family reunions and gatherings for the families of both parents, with consideration being made by both parties to discuss scheduling and availability as early as possible. f. JIM wilt have the option to enjoy two additional long summer weekends during the summer school vacation period to extend from Friday after work until Monday at noon. -14- g. KIM and JIM agree to share holiday time with their children as follows: (1.) KIM and JIM will alternate Thanksgiving, with KIM having the children with her in 2008 and JIM having the children with him in 2009. (2.) Christmas will either be shared equally between the parties or alternated such that the parent who did not have the children with him/heron Thanksgiving of that same caPendar year shall have them for the Christmas holiday. (3.) KIM and J!M will alternate Easter, with the children having spent Easter, 2008 with JIM. (4.) KIM shall have the children with her on Memorial Day and July 4th, and JIM shall have the children with him on Labor Day each year. (5.) The holiday periods take precedence over any other normally-scheduled period of parenting time. If any holiday period reserved to one parent herein occurs on the other parent's normally-scheduled alternating weekend, the parent whose weekend is affected may at his/her option request to exercise his/her weekend on the weekend before or after the holiday, providing that reasonable advance notice is given. 17. SUPPORT. JIM has been paying child support in the amount of -15- $2,100.00 per month. Beginning May 1, 2008, JIM will pay child support to KIM in the amount of $1,300.00 per month, by depositing said payments to KIM'S designated bank account by the 17`" of the prior month. Upon receipt of notice, JIM will also be responsible for timely reimbursement to KIM of the premiums she pays for the Allstate Life Insurance Policy referenced above in Paragraph 11. As additional child support, JIM shall pay to KIM 20% of all bonuses, net of taxes, which he may receive after January 1, 2008. JIM shall make this additional support payment within 30 days of his receipt of any such bonus payment and shall provide KIM with a copy of the bonus check to confirm the amount of the bonus. JIM'S obligation for payment of child support shall be subject to modification as follows: a. Such obligation shall be modifiable upon the occurrence of any changes in the primary residences of the children. b. In the event that either KIM or JIM becomes disabled, such that the disability continues for three months or more, the child support obligation shall be subject to modification. KIM and JIM agree to review their child support arrangement at that time to consider adjustment in light of the disabled parent's income. c. In the event of the involuntary unemployment of either party, the child support obligation shall be subject to modification, and KIM and JIM will review their child support arrangement to consider any appropriate adjustment at that time. Any such modification shall become effective after 2 payments have been made at the then- existing child support rate following written notification of the involuntary unemployment. -16- d. In the event of a voluntaryjob change by either JIM or KIM, resulting in a lesser income, child support will continue at the same level for one year after the actual termination of employment end written notification of the job change to the other parent. e. Annually in March, both parties shall provide copies of al! W-2 forms received for the preceding calendar year and any paystubs from bonus checks received for the purpose of re-evaluating the level of support for the subsequent 12-month period (April through March). At the discretion of either party, the determination of child support, consistent with the Pennsylvania support guidelines per Rule 1910.16-1 et seq. in effect at that time, shall be calculated by a member of the legal or accounting professions chosen by KIM, utilizing the base salary only for both parties. This calculation excludes the additional child support payment which JIM shall make to KIM from his bonuses, as more particularly described above. The cost of such calculation shall be equally divided between the parties. f. At such time as CAMERON graduates from high school, withdraws from high school, or reaches his 18th birthday, whichever occurs last, KIM and JIM will reevaluate the base chiid support consistent with the Pennsylvania support guidelines per Rule 1910.16-1 et seq, in effect at that time, utilizing base salaries to establish the appropriate level of child support for one child and will reduce the additional payment of child support from bonuses from 20% to 15% of such bonuses, net of taxes. In the event that CAMERON resides primarily with KIM during any summer vacation periods during the course of his college orpost-secondary education, JIM -i7- shall continue to pay child support for him for a maximum of ~i months during any such summer vacation period in the amount equal to the difference between the one-child level and the two- child level of support calculated pursuant to the Pennsylvania support guidelines per Rule 1910.16-1 et seq. in effect at that time, utilizing base salaries only. JIM's obligation to pay summer support is contingent upon CAMERON taking a minimum of 12 credits in the semesters immediately prior to and after that summer. Such summer vacation support payments for CAMERON'S benefit shall be limited to a maximum of four summers, commencing in the year of CAMERON'S graduation from high school or the year in which he reaches age 18, whichever occurs last. g. Except as set forth herein, any obligation by JIM for payment of child support, including any additional payments related to bonuses received, shall terminate at such time as SARAH graduates from high school, withdraws from high school, or reaches her 18th birthday, whichever occurs last. Nonetheless, if SARAH resides with KIM during any summer vacation periods during the course of her college orpost-secondary education, JIM shall continue to pay child support for her for a maximum of 3 months during any such summer vacation period in the amount equal to the difference between the one-child level and the two-child level of support calculated pursuant to the Pennsylvania support guidelines per Rule 1910.16-1 et seq. in effect at that time, utilizing base salaries only. JIM's obligation to pay summer support is contingent upon SARAH taking a minimum of 12 credits in the semesters immediately prior to and after that summer. Such summer vacation support payments for SARAH'S benefit shall be limited to a -18- maximum of four summers, commencing in the year of SARAH'S graduation from high school or the year in which she reaches age 18, whichever occurs last. h. In the event that either child resides with either parent during afull- course level (12 credits) post-secondary school year, the amaunt equal to the difference between the one-child level and the two- child level of support which would be payable by the non-resident parent for children, calculated as set forth herein, will be paid throughout that school year to the resident parent. This amount shall be calculated pursuant to the Pennsylvania support guidelines per Rule 1910.16-1 et seq. in effect at that time with the calculation including the base salaries and bonuses established in the March of the year immediately preceding that school year by the exchange of all W-2 forms received for the preceding calendar year and any paystubs from bonus checks received. Such payments shall be paid first from the remaining balance in either of the educational trust funds referred to below in Paragraph 20 until such funds have been exhausted and then paid by the non-resident parent. i. The obligation for post-high school support for a child during the course of pursuit of college or other post-secondary education under the terms of this Paragraph 17 shall not be a mandatory obligation after the fourth year of that child's anniversary of graduation from high school or after that child has reached the age of 22, whichever last occurs. Nothing herein shall be construed to extend a parent's obligation for child support owed to a minor child as set forth in the statutes and case law of the Commonwealth of -19- Pennsylvania or the Pennsylvania support guidelines per Rule 1910.16-1 et seq. after that child has reached the age of 18 years or has graduated from high school, whichever shall later occur. j. The cost for the children's camp and extra-curricular activities will be shared and allocated between KIM and JIM pro rata to their gross base salaries as established annually in March in sub- paragraph 17.e. above for any such costs incurred during the subsequent 12-month period (April through March). The initiap allocation of such expenses in this Agreement is 70% for JIM and 30% for KIM. The extra-curricular activities which will be shared between the parties include the ballet lessons, music lessons, sports, summer camps, LEAP, and educational learning enrichment summer programs in which the children are currently engaged or such other activities on which the parties may agree hereafter. The parties shall also share in the expenses of costumes, leotards and shoes for SARAH, necessary instruments and music for music lessons, and sports uniforms, shoes and registration fees for either child for such activities as are agreed on by the parties. Notwithstanding the foregoing, in the event that KIM at any time hereafter initiates a child support proceeding contrary to the terms of this Agreement, all child support obligations on JIM'S part as set forth in this Agreement, including all obligations for payment of post-high school educational expenses as set forth in Paragraph 20, shall be null and void, effective immediately. Further, written notification shall be given to the other party, prior to a party's seeking any adjustment in the child suppart obligation for any reason. -20- 18. MEDICAL INSURANCE AND MEDICAL EXPENSES. Unless his obligation for payment of child support as set forth herein is modified or terminated in accordance with the provisions of this Agreement, JIM will continue to provide dependent medical, dental and vision insurance for the children as available through his employment with Delta Dental as Fong as he remains employed by Delta Dental and for such period as the children remain eligible for coverage under that plan as dependents. JIM shall be responsible for payment of the premium cost for such plans. In the event that JIM is no longer employed by Delta Dental and is unable to provide coverage for the children as dependents under its employee medical insurance plan, the parties will cooperate to identify the most cost-efficient medical insurance available for the children. (n the event that either parent is paying child support to the other pursuant to any provision of Paragraph 17, the cost of such medical insurance coverage shall be allocated between the parties as part of the calculations of child support pursuant to the Pennsylvania support guidelines in Rule 1910.16-1 et seq. as described in Paragraph 17 above. In the event that neither parent is paying child support to the other pursuant to any provision of Paragraph 17, the cost for such coverage shall be allocated between the parties pro rata to their net incomes as they would be calculated pursuant to the Pennsylvania support guidelines in Rule 1910.16-1 et seq. in effect at that time, including the base salaries and bonuses established in the March of the year immediately preceding. The parties' obligation for such medical insurance coverage shalt continue only so long as the children remain eligible for coverage as their dependents. Any parent who is receiving payment of child support for a child pursuant to any provision of Paragraph 17 will pay the first $250.00 per year of unreimbursed agreed upon medical expenses for that child. Expenses exceeding the first $250.00 per year of unreimbursed agreed upon medical expenses for that child, including expenses for counseling, shall be allocated between KIM and JIM pro rata to their net incames derived in the calculations of that child support pursuant to the Pennsylvania -21- support guidelines in Rule 1910.16-1 et seq. as described in Paragraph 17 above. The initial pro rata allocation of such unreimbursed medical expenses shall require JIM to pay 70% and KIM to pay 30%, subject to modification annually as set forth in Paragraph 17 above. Emergency procedures following medical insurance guidelines will not require the prior agreement of the parents. In the event that (a.) either parent is paying the difference between the one-child level of support and the two-child level of support or (b.) neither parent is paying child support to the other for a child pursuant to any provision of Paragraph 17, al! unreimbursed agreed upon medical expenses far that child, including expenses for counseling, shall be allocated between the parties pro rata to their net incomes as they would be calculated pursuant to the Pennsylvania support guidelines in Rule 1910.16-1 et seq. in effect at that time, including the base salaries and bonuses established in the March of the year immediately preceding. Any obligation of the parties for payment of medical expenses for their children shall terminate as set forth in Paragraph 17 above. JIM will continue to provide medical insurance for KIM'S benefit through his employment plan until the entry of the final Decree In Divorce or for 90 days following the date of execution of this Agreement, whichever shall first occur. Thereafter, KIM shall be solely responsible for providing her own health insurance coverage at her cost.. KIM shall be solely responsible for payment of all unreimbursed medical expenses for herself. 19. CHILD DEPENDENCY EXEMPTIONS. Provided that the children continue to reside primarily with KIM, she shall enjoy the ability to utilize the dependency exemptions and all credits or deductions associated with the children for federal income tax purposes. If a child resides primarily with JIM for either the school year or summer school vacation period, he steal! enjoy the ability to utilize the dependency exemption and all credits or deductions associated with that child for federal income tax purposes for such calendar year(s). if a child who is eligible to be -22- claimed as a dependent for federal income tax purposes in any given tax year does not reside primarily with either parent during either the school year or summer school vacation period, the parties will alternate the right to utilize the dependency exemption and all credits or deductions associated with that child for federal income tax purposes for such tax year(s), with JIM having such right in the first such year. 20. POST-HIGH SCHOOL EDUCATIONAL EXPENSES. The parties acknowledge that they have set aside funds in an Edward Jones custodial account for CAMERON'S educational expenses and that JIM'S father has also provided some educational funds in trust for the children. The parties shall share copies of the statements issued for the childrens' said trust accounts on a quarterly basis. The parties agree that the payment of the children's post-secondary educational expenses shall be handled as follows: a. Educational expenses shall include tuition, room and board, books, transportation, and a computer for post-secondary education up to the receipt of a bachelor's degree. b. Any funds to be contributed by KIM and JIM will be based on the cost of resident in-state school tuition and room and board at the time that the subject child enrolls in any post-secondary education. c. The first 25% of educational expenses as defined herein will be paid by student loans acquired by the student and monies earned by that child. d. The remaining portion of such educational expenses as defined herein shall be paid first from CAMERON'S custodial account and -23- then from the trust account established by JIM'S father. The balance of each child's educational expenses defined as set forth herein and not paid by other sources will be prorated between the parties with JIM paying 70% thereof and KIM paying 30% thereof. Any parental responsibility far post-secondary educational expenses will cease upon the individual child's attainment of 25 years of age or his/her graduation from afour-year post-secondary educational program, whichever shall first occur. 21. WAIVER OF ALIMONY. The parties recognize and acknowledge that the distribution of their marital assets described herein is a skewed distribution providing KIM with a significantly greater portion of the marital assets than those being distributed to JIM. They further agree that this skewed distribution of assets is premised upon KIM'S waiver of any and all rights to alimony, alimony pendente lite, spousal support or maintenance following the execution of this Agreement, except as expressly set forth herein. 22. TAXES. By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as maybe otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equitable division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. As soon as practicable following the execution of this Agreement, each party shall deliver to the other complete copies of all records in his or her possession -24- establishing the tax basis and any adjustments thereto of any assets being distributed to the other party. The parties acknowledge that they have flied various joint income tax returns during the course of their marriage. In the event that any additional taxes, . penalties or interest are assessed as a result of any such joint return, such additional liability shall be divided between the parties such that JIM shall pay 70% and KIM shall pay 30%. In the event that any additional refund is received related to any prior .joint income tax returns, such refund shall be allocated between the parties, with JIM receiving 70% and KIM receiving 30%. KIM and JIM acknowledge that they filed a joint return for the 2007 tax year, resulting in receipt of a refund. Such refund for the 2007 tax year will be allocated between the parties, with JIM receiving 70% and KIM receiving 30%. The 2007 Economic Stimulus Payments received by the parties shall be distributed with JIM receiving $600, and KIM receiving the balance of $657. 23. LEGAUMEDIATION EXPENSES. J1M and KIM shared the expenses of their mediation process. JIM has paid the filing fees for the initiation of the divorce action and will pay his counsel fees for the preparation of this Marital Settlement Agreement and all of the final documents necessary to obtain a Decree In Divorce. Except as specifically set forth herein, the parties will each pay their own respective counsel fees. 24. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents as may be reasonably required to give full force and effect to the provisions of this Agreement. 25. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with -25- the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. ENTIRE AGREEMENT. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 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 SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 29. BREACH. !f either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her, regardless of whether the issues relating to the breach are resolved by settlement or by determination of the court. In the event of an alleged breach of any term of this Agreement, the aggrieved party steal! provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of 15 days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. -ZS- 30. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. 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 shalt be stricken from this Agreement, and in al! other respects this Agreement shall be valid and continue in full force, effect and operation. 32. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and steal! inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ' (SEAL) I BERL A. KE ELSLE R ~'°- ~~~~~-- ~ ~- SEAL ____( ) J MES T. KETELSLEGER -27- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN . On this ~'~ day of ~~~~ , 2008, before me, the undersigned officer, personally appeared KIMBERLY A. KETELSLEGER and JAMES T. KETELSLEGER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Agreement, and acknowledged that they executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA Constance P~Bru tSNotary Public Susquehanna Twp., Dauphin County My Commission Expires Oct. 20, 2009 -28- CERTIFICATE OF SERVICE AND ~10W, this t9th day of October, 2012, I, Gloria M. Kine, Paralegal, hereby certify that I have this day served a copy of t:he foregoing document via regular U.S. mail, addressed as follows: John F. king, Esquire 4076 Market Street Camp Hill, PA 170 t 1 Attorney for Plaintiff/Respondent / /~` r'' ~+._.~ Gloria M. Rine IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .DAMES T. KE.TELSLEGER. Plaintiff/Respondent v. KIMBERLY A. KETELSLEGER, Defendant/Petitioner CIVIL ACTION -LAW Docket No. 2007-6637 (In Divorce) RtJLE ~~~ day of_ ~_ ~ __ , 2012, upon consideration of the Petition AND NOW, this to Enforce Marital Settlement Agreement, a Rule is issued upon Plaintiff/Respondent, James T. Ketelsleger, to show cause why Defendant/Petitioner's Petition to Enforce Marital Settlement Agreement should not be granted DAYS FROM'I'HE DATE OF SERVICE. RULE RE"I'URNABL Service shahl be _ a ~ ~ '~' -n accomplished by first class mail to counsel for Plaintiff/Respondent. ~~ ~ ~~*t ~ ~ - m z -~ u ~D ~ ~O BY THE COtTRT:~ 2 v~ ~ o~ ~ ~ f D,c -{ J. DIS"TRIBt1"PION: / (~~uintina M. Laudermilch, Esquire, Daley 7,ucker Menton Miner & Gingrich, LLC, 635 N. ] 2~'' Street, Suite 101. Lemoyne, PA 17043, Attorney for Defendant/Petitioner `/ .lohn F. King, Esquire, 4076 Market Street, Camp Hill, PA 17011, Attorney for Plaints/Respondent ~6f" ~s wta . /,ed /D/,~G//~ ~G ~, '. ') C~ h.,~ C.:.3 -'fit ~ PV ...__i IN THE COURT OF COMMON PLEAS ~ ~ ~ r=r, CUMBERLAND COUNTY, PENNSYLVANIA ~ r^~- "'~ ~~ , JOHN F. KING LAW, P.C. r-- ~;- <= ~-' ~ ~-~r ~, .-v -- John F. King, Esquire , x,`:- ~ - ID#61919 ~' ~ `~' `~' ~~~ 4076 Market Street .~ r~ - - . ~ , , Camp Hill, PA 17011 (717)695-2222 (717) 695-2207 FAX JAMES T. KETELSLEGER CIVIL ACTION -LAW Plaintiff/Respondent v• Docket No. 2007-6637 KIMBERLY A. KETELSLEGER Defendant/Petitioner IN DIVORCE ANSWER TO PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW comes the Plaintiff/Respondent, James T. Ketelsleger, by and through his counsel, John F. King, Esq., and files this Answer to Defendant/Petitioner's Petition to Enforce Marital Settlement Agreement, and avers as follows: L Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. The averments contained in paragraph 11 are denied as stated, and proof therefore is demanded. By way of further answer, it is averred that the Marital Settlement Agreement contains detailed terms regarding support, and it is further averred that the Marital Settlement Agreement, when reviewed in its totality, speaks for itself. 12. It is admitted that the payment was made in full in July 2011. The averments contained in paragraph 12 are denied, and proof therefore is demanded. By way of further answer, it is averred that the Petitioner has received all monies due and owing her under the terms of the Marital Settlement Agreement, as a result of all bonuses received from the Respondent since the execution of the Marital Settlement Agreement. By way of further answer, it is averred that in the past Mr. Ketelsleger had waited upon Mrs. Ketelsleger's delivery of expense lists in order to combine all of the expenses owed by him, including the payment for the bonus, which he thought was going to be the procedure in this given instance. 13. The averments contained in paragraph 13 are denied, and proof therefore is demanded. By way of further answer, it is averred that all support payments due and owing under the Marital Settlement Agreement have been paid by the Respondent. 14. The averments contained in paragraph 14 are denied, and proof therefore is demanded. By way of further answer, it is averred that the Respondent had no record of having received any contact from the Respondent on or about December 12, 2011. By way of further answer, it is averred that the support obligation was recalculated, and all payments due and owing from the Respondent have been paid. 15. Admitted. 16. It is admitted that the Respondent initially did not provide the information requested based upon his inquiries made in his email made on or about February 3, 2012. 17. It is admitted that the Respondent provided income information to the Petitioner, a week later, having satisfied himself from the communication of February 3, 2012. 18. It is admitted that the Respondent has paid all support obligations as required by the Marital Settlement Agreement. It is denied that the Respondent was required to pay 20% of the bonus he received in 2012, and proof therefore is demanded. It is denied that the Respondent had any support due and owing to Petitioner in November 2011, or December 2011, or January 2012, due to the fact that the Respondent had a significant credit in his support obligation, as a result of the prepayments that he regularly and routinely made in that regard. 19. "Che averment that the Respondent continues to have a support obligation that has not been paid is denied, and proof therefore is demanded. 20. Admitted. 21. Admitted. 22. The averments contained in paragraph 22 of the Petition are denied, and proof therefore is demanded. By way of further answer, it is averred that the Respondent has made all support payments that he is obligated to make under the Marital Settlement Agreement. 23. Any averment that the Respondent is required to pay additional legal fees of the Petitioner, a.nd proof is therefore demanded. The averment that the Respondent has not paid all support obligations as required by the Marital Settlement Agreement are denied, and proof thereof is demanded. 24. It is denied that the Respondent has breached the terms of the Marita] Settlement Agreement, and proof thereof is demanded. 25. Any averment that the Respondent has support obligations which he has not paid are denied, and proof therefore is demanded. Any averment that the Respondent has an obligation to pay additional fees are denied, and proof thereof is demanded. By way of further answer, it is denied that the Petitioner ever presented the Respondent with a bill identifying the legal fees that she incurred to have the support recalculated, and proof thereof is therefore demanded. It is admitted that the Respondent, pursuant to the terms of the Marital Settlement Agreement, is responsible for one-half of said legal fees which will be paid upon presentation of a bill indicating the legal fees incurred by Petitioner for said recalculation. 26. The averment that the Respondent should pay additional attorney fees of the Petitioner are denied, and proof thereof is demanded. 27. Admitted. WHF,REFORE, the Respondent respectfully requests this Honorable Court to enter an Order denying the Petitioner's relief as sought in her Petition to Enforce Marital Settlement Agreement. Dated: _ ~- , 2012 Respectfully submitted, JOHN F. KING LAW, P.C. ~ .-, By: ` John F. King, Esquire `' ID#61919 4076 Market Street Camp Hill, PA 17011 VERIFICATION I, James T. Ketelsleger, hereby acknowledge that I am the Respondent in the foregoing action; that I have read the foregoing Answer to Petitioner to Enforce Marital Settlement Agreement; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. _~ ---'~ 1 ~,, Jaxfes T. Ketelsleger Dated: /' li Y~ , 2012 CERTIFICATE OF SERVICE I hereby certify that I am this 7/7~ day of 2012, serving the Answer to Petition to Enforce Marital Settlement Agreement upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Quintina Laudermilch, Esq. .Daley Zucker Meilton Miner & Gingrich 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 Sharry Semans 0-) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES T. KETELSLEGER, Plaintiff CIVIL ACTION - LAW V. No. 2007-6637 Civil Term KIMBERLY A. KETELSLEGER, (In Divorce) Defendant PRIOR JUDGE: Edward E. Guido ORDER AND NOW, this / day of fV , 2013, upon consideration of Defendant's Motion for Continuance, the Hearing on the Petition to Enforce the Marital Settlement Agreement before the Honorable Edward E. Guido on March 8, 2013 at 9:30 a.m. in the Cumberland County Court House, Carlisle, Pennsylvania is rescheduled to the y _ day of ''z , 2013, at I.30 a.m.+'*?k., in Courtroom 3__, at the Cumberland County Court House. BY THE C _.'7 ....-1 -. `E J. - Distribution: ? John F. King, Esquire, John F. King Law, P.C., 4076 Market Street, Camp Hill, PA 17011, Counsel for Plaintiff ? Quintina M. Laudermilch, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 635 North 12th Street, Suite 101, Lemoyne, PA 17043, 717-724-9821, Counsel for Defendant Quintina M.Laudermilch,Esquire `y DALEY ZUCKER MEILTON &MINER, LLC C. caa - -_H, 635 North 12`h Street, Suite 101 Lemoyne,PA 17043 (717)724-9821 tiaudertnilc:h@d7MMiaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA 'S-{ ; JAMES T. KETELSLEGER, , Plaintiff CIVIL ACTION—LAW V. No. 2007-6637 Civil Term KIMBERLY A.IKETELSLEGER, (In Divorce) Defendant PRIOR JUDGE: Edward E. Guido PRAECIPE TO WITHDRAW PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT TO THE PROTHONOTARY: Plaintiff hereby withdraws her Petition to Enforce Marital Settlement Agreement filed on October 19, 2012 in the above-captioned matter. DALEY ZUCKER MEILTON & MINER, LLC a Date: By. uintina M. Laudermilch, Esquire Supreme Court I.D. #94664 635 North 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Pamela S. ,M/yers, Paralegal with Daley Zucker Meilton & Miner, LLC, hereby certify that on this of June, 2013, a true and correct copy of the foregoing document was served on Plaintiff's counsel, by mailing same by first class mail, addressed as follows: John F. King,-Esquire John F. King Law, P.C. 4076 Market Street Camp Hill, PA 17011 (counsel for Defendant) Pamela S. Myers, Paralegal Daley Zucker Meilton & Miner, LLC 635 North 12th Street Suite 101 Lemoyne, PA 17043 (717) 724-9821 JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2007-6637 CIVIL ACTION-LAW KIMBERLY A. KETELSLEGER, Defendant IN CUSTODY COURT ORDER -A — AND NOW,this 110 day of%J U/-k/ 2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following Custody Order is entered: I A hearing is scheduled in Court Room No. .3 of the Cumberland County Courthouse on the day of_ 2013 at j-'J#4 in.At this hearing,the father shall be the moving party and Aall proceed initially with testimony.Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case,the issues currently before the Court,a summary of each parties position on these issues,a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness.This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the custody schedule the parties have been following pursuant to the marital settlement agreement dated October 9, 2008, shall remain in place, with the understanding that the custody schedule will be consistent with what is been happening over the past year or so if that schedule is not precisely in line with the marital settlement agreement. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation.Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY TH RT C= rn F Judge Cn C C:3 j (D cc: Jobn F. King, Esquire C-) C:) ,-'*9andra Meilton, Esquire C= &-, Z: JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2007-6637 CIVIL ACTION -LAW KIMBERLY A. KETELSLEGER, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Sarah Marie Ketelsleger,born July 19, 1997. 2. A Conciliation Conference was held on July 26,2013,with the following individuals in attendance: The father, James T. Ketelsleger, with his counsel, John F. King, Esquire, and the mother, Kimberly A. Ketelsleger, with her counsel, Sandra Meilton, Esquire. 3. The parties have been conducting custody for a number of years pursuant to a marital settlement agreement that incorporated a custody schedule. Generally,the mother has primary physical custody and the father has approximately 40%of the oven-tights on a monthly basis. Father has now petitioned the Court seeking primary custody. At the initial conciliation conference,the parties agreed to initiate some counseling with the minor child and that was accomplished. However,the parties are unable to reach and agreement as father still is pursuing primary custody and mother does not believe a change in custody would be in the best interest of the child. 4. A hearing is necessary and the Custody Conciliator recommends the entry of an Order in the form as attached. Date: July A—,2013 0/ Hubert X. qray, Esquire Custody ciliator Sandra L.Meilton,Esquire �+. 1 l_l 1� �Y! �{ Daley Zucker Meilton&Miner,LLC ' r 1� 635 N. 12`h Street,Suite 101 L ry 03 3V 1.�3 l� 5_ PM Lemoyne,PA 17043 smell 724-9821 CUMBE�R�,P'.ND cool r�" smeilton(a�dzmmlaw.com P Fly�l����r����A JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6637 CIVIL TERM KIMBERLY A. KETELSLEGER, CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY Judge Guido PETITION.REOUESTING CUSTODY EVALUATION AND NOW, comes the Defendant/Petitioner, Kimberly A. Ketelsleger, and files the within Petition averring as follows: 1. Plaintiff/Respondent is James T. Ketelsleger, who currently resides at 418 Appletree Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Father". 2. Defendant/Petitioner is Kimberly A. Ketelsleger, who currently resides at 3503 Stockwood Street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Mother". 3. The parties are the parents of a minor daughter, Sarah Marie Ketelsleger; 16 years old, whose was born on July 19, 1997 hereinafter referred to as "Sarah". 4. The parties recently appeared for a custody conciliation conference on July 26, 2013. 5. The matter did not settle at said Conciliation and has been assigned to the Honorable Edward E. Guido for hearing. 6. By order dated July 30, 2013, a hearing in this matter has been scheduled for September 20, 2013 at 9:30 a.m. 7. There are a number of extenuating circumstances in this case which indicate the necessity for a full custody evaluation. 8. Sarah has been diagnosed with depression and anxiety (adjustment disorder with depression). 9. Sarah is involved in individual.counseling with Lauren Polson, MSW, LCSW, with Guidance Associates, who Sarah sees weekly. 10. The family is also engaged in family counseling with Dennis Graybill, MA, with Guidance Associates, which is done biweekly. 11. Sarah is also being seen by Courtney Baker, M.D., a psychiatrist with Holy Spirit r Hospital Children's Behavioral Health Services, on an every three week basis. 12. At the recommendation of Dr. Baker and Ms. Poison, Sarah participated in an inpatient/outpatient program at the Penn State Milton S. Hershey Medical Center/Pennsylvania Psychiatric Institute in February and March, 2013 where she was under the care of Irving Perez, M.D., a psychiatrist. In this program, Sarah was seen and treated by Dr. Elamir, a psychiatrist, Dr. Angela A. Gorman, a licensed clinical psychologist and Dr. Perez. These health care professionals have information relative to Sarah's condition that need to be considered with regard to her custodial arrangement. 13. Sarah's current medications are: Welbutrin 75 mg. once a day, Buspar 5 mg. three times a day, and Lamotrigine 50 mg. once a day. Adjustments are still being made to Sarah's medicine at each appointment with Dr. Baker. 14. Because of Sarah's diagnoses and the individuals involved with her treatment, Mother believes that a full custody evaluation should be performed so that through that process, the evaluator can speak with all of the individuals involved with Sarah's counseling and treatment and be in a position to provide this Honorable Court with an overview of Sarah's diagnoses, treatment and prognosis and to provide guidance with regard to what custodial arrangement would be in Sarah's best interest. 15. Mother respectfully requests that this Honorable Court order that a full custody evaluation be performed by Arnold T. Shienvold, Ph.D., of Riegler Shienvold and Associates, in Harrisburg, Pennsylvania. 16. Because of the differences in the parties' incomes and because it is Father's request to change the parties' current custodial arrangement, Mother requests that Father be fully responsible for the payment of all costs incident to the custody evaluation. 17. Given the short time frame between the conciliation conference on July 26, 2013 and the September 20, 2013 hearing date, is anticipated that the evaluation will not be completed in time for the hearing. 18. Assuming Mother's request is granted, Mother is also requesting that the September 20, 2013 hearing date be continued to afford Dr. Shienvold sufficient time to complete the evaluation. 19. Immediately following the custody conciliation conference, by letter dated July 26, 2013 to Father's counsel, Mother's counsel requested Father's agreement to a custody evaluation being performed. Mother's counsel's paralegal followed up said letter with a telephone call on August 9, 2013 regarding the filing of this Petition. Father's counsel advised that they do not concur with the filing of the Petition. WHEREFORE, Defendant/Petitioner respectfully requests this Honorable Court to order that a full custody evaluation be performed by Arnold T. Shienvold, Ph.D., of Riegler Shienvold and Associates,with payment for said evaluation being paid fully by Plaintiff/Respondent,James T. Ketelsleger. Defendant/Petitioner further respectfully requests that, if her request for evaluations is granted, the September 20, 2013 hearing be continued to afford sufficient time for the evaluation to be completed. Respectfully Submitted, DALEY ZUCKER MEILTON & MINER, LLC andra L. Meil#on, Esquire/I.D.No. 32551 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Counsel for Defendant/Petitioner 1 VERIFICATION I,the undersigned, Kimberly A. Ketelsleger, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. A Kim rly A. K elsleger Dated: CERTIFICATE OF SERVICE. AND NOW, this day of 2013 1, Quintina M. v Laudermilch, Esquire, of Daley Zucker Meilton & Miner, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 intina M. Laudermilch JOHN F. KING LAW, P.C. John F. King, Esquire ID#61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 FAX JAMES T. KETELSLEGER : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Docket No. 2007-6637 KIMBERLY A. KETELSLEGER : CIVIL ACTION - LAW Defendant : IN DIVORCE JUDGE: Hon. Edward E. Guido PLAINTIFF/RESPONDENT'S ANSWER TO PETITION REQUESTING CUSTODY EVALUATION AND NEW MATTER AND NOW comes the Plaintiff/Respondent, James T. Ketelsleger, and answers the Petition Requesting Custody Evaluation as follows: c ~ ` MM C= 1. Admitted. r"a 2. Admitted. �C_- r Zo -� 3. Admitted. 4. It is admitted that the parties appeared for a custody conciliation conference on July 26, 2013. By way of further answer, the Custody Complaint underlying this matter was filed on December 28, 2012, and was answered by the Defendant/Petitioner on January 25, 2013. An initial custody conference was held on February 28, 2013. At that conference, there was an agreement between the parties that their legal counsel would confer with Lauren Polson (Guidance Associates) from whom Sarah was receiving care. By way of further answer, it is averred that after the conference, the parties' legal counsel were informed that Ms. Polson had begun maternity leave. By way of further answer, it was averred that the conference with Ms. Polson finally took place on May 28, 2013. By way of further answer, it was averred that there was an.agreement at that time by the parties, through their legal counsel, to also confer with Dennis Graybill (Guidance Associates) who was providing family counseling for the parties and their child, which telephone conference took place on June 25, 2013. 5. Admitted. 6. Admitted. 7. It is denied that there are a number of extenuating circumstances in this case which indicate the necessity for a full custody evaluation. By way of further answer, it is averred that this case involves a 16 year old child who has, since 2012, expressed a well- reasoned preference to reside primarily with her Father, who current exercises custodial care on an approximate 40/60%basis. 8. Admitted. 9. Admitted. 1.0. Admitted. H. It is admitted that there is a psychiatrist with Holy Spirit Behavioral Health Services who monitors prescribed medication for the subject child. It is denied that there are any therapeutic services being provided by said psychiatrist, and proof thereof is therefore demanded. 12. It is admitted that Sarah participated in a therapy program at the Pennsylvania Psychiatric Institute in February and March 2013. It is denied that any of the health care professionals that were involved in that therapy have any information which needs to be considered with regard to her custodial arrangement. 1.3. Admitted. 14. It is denied that a full custody evaluation should be performed. By way of further answer,the subject child's counseling with Ms. Poison and her diagnosis all existed in December 2012 when this instant action was commenced. By way of further answer, all of the information as alleged in the Defendant/Petitioner's Petition Requesting Custody Evaluation was available to her no later than March 2013. By way of further answer, it is believed, and therefore averred, that the Petition for Custody Evaluation is an attempt on the part of the Petitioner/Defendant to unduly delay the decision by the Court on a custody action which was filed in December 2012. By way of further answer, it is believed, and therefore averred, that it would not be in the subject child's best interests for there to be an expenditure of significant money for the performance of a custody evaluation, which money could be better utilized in the financial support of the subject child. l 5. The averments contained in paragraph 15 of the Petition are not statements of fact, and therefore, no answer is required. If it should be determined that an answer is required, it is denied that there is any need for a custody evaluation in this matter. 1.6. The averments contained in paragraph 16 of the Petition are not statements of fact; and therefore, no answer is required. If it should be determined that an answer is required, it is admitted that there is a difference in the parties' income. Father filed the initial Custody Complaint on December 28, 2012. It is denied that Father should be responsible for payment of any costs incident to a custody evaluation being petitioned for by Mother over seven (7) months after the filing of the initial Custody Complaint. 17. It is admitted that the hearing is scheduled for September 20, 2013. It is denied there is any need for a custody evaluation in this case. 18. The averments contained in paragraph 18 of the Petition are not statements of fact, and therefore, no answer is required. If it should be determined that an answer is required, Father denies any need for a continuance of the hearing scheduled for September 20, 2013.. l 9. It is admitted that a letter was sent by Petitioner's counsel, Sandra Meilton, after the last custody conference, which letter was dated approximately seven (7)months after the filing of the Custody Complaint. It is admitted that the Plaintiff/Respondent, through legal counsel, advised that he did not concur with the relief sought in the Petition. WHEREFORE, the Plaintiff/Respondent respectfully requests this Honorable Court to deny the relief sought in the Defendant's Petitioner's Petition Requesting Custody Evaluation. NEW MATTER 20. The responses contained in paragraphs 1-19 are incorporated herein as set forth in length. 21. All of the information necessary for the determination by either party for the need of a custody evaluation has been known to both of the parties since the initiation of the instance custody complaint, which was filed on December 28, 2012. 22. It is believed, and therefore averred, that the initiation of a custody evaluation, some nine (9) months after the initiation of the Custody Complaint would unduly or inappropriately delay the judicial determination of the custodial care of the child, which has been before the Court since December 28, 2012. 23. It is believed, and therefore averred, that the two professionals that are currently involved with the child and the family, those being Lauren Polson, MSW,LCSW, and Dennis Graybill, MA, will be available, and will adequately provide to the Court any information necessary for the Court's determination on a professional level. 24. It is believed, and therefore averred,that during discussions and therapeutic sessions with both Lauren Polson and Dennis Graybill,there has never been any indication from either of those professionals that a custody evaluation would be called for or helpful in this custodial matter. WHEREFORE,the Plaintiff/Respondent respectfully requests this Honorable Court to deny the relief sought in the Defendant's Petitioner's Petition Requesting Custody Evaluation. Dated: August , 2013 Respectfully submitted, JOHN F. KING LAW, P.C. By: Jo . King, Esquire ID 1919 4076 Market Street Camp Hill, PA 17011 VERIFICATION I, James T. Ketelsleger, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Answer to Petition and New Matter; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. Dated: g Xz? , 2013 James T. Ketelsleger CERTIFICATE OF SERVICE I hereby certify that I am this day of 2013, serving the Answer to Petition Requesting Custody Evaluation upon the perso and in the manner indicated below which service satisfies the requirements of the Pe sylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Sandra Meilton, Esq. Daley Zucker Meilton Miner& Gingrich 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 Sharry Semans Sandra L.Wilton,Esquire DALEY ZUCKER MEILTON&MINER, LLC 635 N. 12`h Street, Suite 101 Lemoyne,PA 17043 (717)724-9821 smeilton n,dzmmlaw.com JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA V. : 2007-6637 CIVIL TERM KIMBERLY A.KETELSLEGER CIVIL ACTION- LAW rn E= Defendant/Petitioner IN CUSTODY AFFIDAVIT OF' SERVICE C:) COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) AND NOW, this 26th day of August, 2013,personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on August 22, 2013, at 1:50 p.m., she personally served a copy of the Rule entered by the Honorable Edward E. Guido in the above matter on August 20, 2013, by handing an envelope containing a copy of the Rule and a letter addressed to John F. King, Esquire, dated August 22, 2013, to Sharry Semans, assistant to John R, King, Esquire, at the law office of John F. King, Esquire, 4076 Market Street, Camp Hill,PA 17011 and making known to her the contents of the envelope. Said letter and copy o tfie Rule were also forwarded via'first elass mail to Mr. King on;August 22,"2013. Gloria M. Rine Sworn to and subscribed before me this 26th day of August, 2013. No Public (SEAL) �ManrwFjkLTHOr KSrw u► NOTARIAL SEAL AMY EWING, �y,Pubic . Of LWW'VM,C mbelMnd Counlf►_ 11,,2094 CERTIFICATE OF SERVICE AND NOW,this 26th day of August, 2013, 1, Gloria M. Rine,Paralegal to Sandra L. Meilton,Esquire, of Daley Zucker Meilton&Miner, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 i Gloria M. Rine JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY A. KETELSLEGER, 2007—6637 CIVIL TERM Defendant ORDER OF COURT AND NOW,this 5TH day of SEPTEMBER, 2013, after consideration of Defendant's Petition for a Custody Evaluation and Plaintiff's response thereto the Petition is DENIED without prejudice. We will hear the available evidence at the hearing scheduled for Friday, September 20,2013, at 9:30 a.m. after which Defendant may renew her request for an evaluation. B ,.the Court; Edward E. Guido, J. John F. King, Esquire Sandra Meilton, Esquire 9 MW C/1, .w -•`• (J) CJ C f R L r Sandra L.Meilton,Esquire �'} i I . d `�j f j Daley Zucker Meilton&Miner,LLC 635 N. 12th Street, Suite 101 23 SEP 12 AM U: 39 Lemoyne,PA 17043 (717)724-9821 CUMBERLAND COUNTY smeilton(2 dzmmlaw.com PENNSYLVANIA JAMES T. KETELSLEGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2007-6637 CIVIL TERM KIMBERLY A. KETELSLEGER, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY Judge Guido PETITION AND NOW, comes the Defendant/Petitioner, Kimberly A. Ketelsleger, and files the within Petition averring as follows: 1. Plaintiff/Respondent is James T. Ketelsleger, who currently resides at 418 Appletree Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Father". 2. Defendant/Petitioner is Kimberly A. Ketelsleger, who currently resides at 3503 Stockwood Street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Mother". 3. The parties are the parents of a minor daughter, Sarah Marie Ketelsleger, 16 years old, whose was born on July 19, 1997 hereinafter referred to as "Sarah". 4. The parties are scheduled for a hearing before the Honorable Edward E. Guido on September 20, 2013 at 9:30 a.m. 5. Lauren Polson, MSW, LCSW, of Guidance Associates of Pennsylvania, assists Sarah as a therapist. .r ' , 6. Ms. Poison is not available to appear in person for the September 20, 2013 but can be available to testify via telephone. 7. As a therapist for Sarah, Ms. Poison has information that will be relevant to the issue before the Court. 8. Ms. Poison will be able to provide information regarding the history of her involvement with Sarah. She will provide information with regard to Sarah's diagnosis and treatment regimen as well as her observations of Sarah, her Mother and her Father as therapy has progressed. Finally, Ms. Poison will provide her recommendations with regard to ongoing treatment and Sarah's prognosis. 9. Defendant therefore avers that circumstances exist as to make it desirable and in the interest of justice that Ms. Poison be permitted to testify via telephone on September 20, 2013 at the hearing. 10. Counsel for the Plaintiff concurs with this request. WHEREFORE, Defendant/Petitioner respectfully requests this Honorable Court to allow the testimony of Lauren Polson to be done via telephone at the September 20, 2013 hearing. Respectfully Submitted, DALEY ZUCKER MEILTON & MINER, LLC andra L. Meilton, Esuire, I.D.No. 32551 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Counsel for Defendant/Petitioner COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant in the within action; that she takes this affidavit on behalf of Defendant as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief iiz--t(--, /....„e',;(1- A'' 4i/?Pd -,_ andra L. Meilton Sworn to and subscribed before me this /J W1 day of c, -se *- 2 , 2013. Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gloria M.Rine,Notary Public Lemoyne Boro,Cumberland County My Commission Expires Nov.15,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE AND NOW, this 1(A day of � ', 1 , 2013 I, Gloria M. Rine, Paralegal, of Daley Zucker Meilton& Miner, LLC, hereby certify that I have this day served a copy of the within document,by mailing same by first class mail,postage prepaid, addressed as follows: John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 C r .. Gloria . Rine Sandra L.Meilton,Esquire Daley Zucker Meilton&Miner, LLC 635 N. 12th Street, Suite 101 `'`' 3 S P 12 Ail 6: 36 Lemoyne,PA 17043 (717)724-9821 CUMBERLAND COUNTY smeiltonAdzmmlaw.com PENNSYLVANIA JAMES T. KETELSLEGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2007-6637 CIVIL TERM KIMBERLY A. KETELSLEGER, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY Judge Guido PETITION AND NOW, comes the Defendant/Petitioner, Kimberly A. Ketelsleger, and files the within Petition averring as follows: 1. Plaintiff/Respondent is James T. Ketelsleger, who currently resides at 418 Appletree Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Father". 2. Defendant/Petitioner is Kimberly A. Ketelsleger, who currently resides at 3503 Stockwood Street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Mother". 3. The parties are the parents of a minor daughter, Sarah Marie Ketelsleger, 16 years old, whose was born on July 19, 1997 hereinafter referred to as "Sarah". 4. The parties are scheduled for a hearing before the Honorable Edward E. Guido on September 20, 2013 at 9:30 a.m. 5. Dennis Graybill, MA, of Guidance Associates of Pennsylvania, assists the parties and their minor daughter, as a family counselor. 6. Dennis Graybill is not available for the September 20, 2013 hearing as he is scheduled to be on vacation on said date. Mr. Graybill will be traveling at the time of trial and will not be available via telephone. 7. As the family counselor for the parties and their minor child, Mr. Graybill has information that will be relevant to the issue before the Court. 8. Mr. Graybill will be able to explain his work with the family and issues he is attempting to address through family counseling. He will provide information with regard to Sarah's diagnosis and treatment regimen, his observations of the parties and their child as they participate in therapy sessions and overall participation in the child's care and treatment. Finally, he will be able to provide his recommendations with regard to ongoing treatment and the child's prognosis. 9. Defendant therefore avers that exceptional circumstances exist as to make it desirable and in the interest of justice that Mr. Graybill be permitted to testify via deposition rather than oral testimony. 10. Defendant respectfully requests that she be able to use Mr. Graybill's deposition rather than delay the September 20, 2013 hearing. 11. Pursuant to Pa.R.C.P. 4020, Defendant respectfully requests that she be able to submit the deposition of Dennis Graybill in lieu of live testimony. 12. Counsel for the Plaintiff concurs with this request. WHEREFORE, Defendant/Petitioner respectfully requests this Honorable Court to allow the deposition of Dennis Graybill to be used at trial and submitted at the time of trial in lieu of presenting testimony of Dennis Graybill orally in open court. Respectfully Submitted, DALEY ZUCKER MEILTON & MINER, LLC Xdz-4,4e1(-14 Sandra L. Meilton, Esire, I.D. No. 32551 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Counsel for Defendant/Petitioner COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant in the within action; that she takes this affidavit on behalf of Defendant as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sandra L. Meilton Sworn to and subscribed before me this // 1'/day of - /r?i P-ioN , 2013. r3 Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gloria M.Rine,Notary Public Lemoyne Boro,Cumberland County My Commission expires Nov.15,2015 MEMBER,PENNSYLVANIA ASSOCIATION Of 461-Wit CERTIFICATE OF SERVICE q i-k AND NOW, this L day of )1' ' e/2 -( , 2013 I, Gloria M. Rine, Paralegal, of Daley Zucker Meilton& Miner, LLC, hereby certify that I have this day served a copy of the within document,by mailing same by first class mail,postage prepaid, addressed as follows: John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 10) i)`' 1.,„41-4.-- Gloria M. Rine Sandra L.Meilton, Esquire, Ry DALEY ZUCKER MEILTON&MINER, LLC `'' H ` 635 N. 12'h Street, Suite 101 y� Lemoyne,PA 17043 !. r3i �t : (717)724-9821 �� � � smeilt6n@dzoimlaw.com PENNSYLyA.NIA► JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. 2007-6637 CIVIL TERM KIMBERLY A. KETELSLEGER, CIVIL ACTION LAW Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION Attached hereto is Defendant's Criminal Record/Abuse History Verification being filed with the Court pursuant to Pa.R.C.P. 1915.3.1. Respectfully Submitted, DALEY ZUCKER MEILTON & MINER, LLC Date: 12 f IV By: , Sandra L. Meilto ,Esquire Attorney I.D. #3551 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 717-724-9821 Attorney for.Defendant JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : 2007-6637 CIVIL TERM KIMBERLY A. KETELSLEGER, : CIVIL ACTION-LAW Defendant/Petitioner : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I Kimberly A. Ketelsle er hereby swear or affirm subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that 1. Unless indicated by my checking the box next to a crime below, neither I nor an other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction including pending charges: Check Crime Self Other Date of all that Sentence household conviction apply member guilty plea no contest plea or ❑ 18 Pa.C.S. Ch. 25 -pending charges (relating to criminal ❑ ❑ homicide) El (relating Pa.C.S. &2702 (relatin to aggravated ❑ ❑ assault El (relating Pa.C.S. §2706 (relating to terroristic ❑ ❑ threats El (relating Pa.C.S.§2709 1 (relating to stalking) ❑ ❑ El 18 Pa.C.S. §2901 (relating to kidnapping) ❑ ❑ ❑ 18 Pa.C.S.§2902 (relating to unlawful ❑ ❑ restraint 1 El 18 Pa.C.S. &2903 (relatin to false ❑ ❑ imprisonment) El 18 Pa.C.S. §2910 (relating to luring a child ❑ ❑ into a motor vehicle or structure ❑ 18 Pa.C.S. 83121 (relating to rape) ❑ ❑ El 18 Pa.C.S. §3122.1 (relating to std ❑ ❑ sexual assault) ❑ 18 Pa.C.S. §3123 (relating to involuntary ❑ ❑ deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 (relating to sexual ❑ ❑ assault ❑ 18 Pa.C.S. §83125 (relating to aggravated ❑ ❑ indecent assault) ❑ 18 Pa.C.S. §3126 (relating to indecent ❑ ❑ assault ❑ 18 Pa.C.S. §3127 (relating to indecent ❑ ❑ exposure) 2 • i El (relating Pa.C.S. §3129 (relating to sexual ❑ ❑ intercourse with animal) 18 Pa.C.S. §3130 ❑ (relating to conduct ❑ ❑ relatina to sex offenders El (relating Pa.C.S. §3301 (relating to arson and ❑ ❑ related offenses) 18 Pa.C.S. §4302 ❑ (relating to incest) ❑ ❑ 18 Pa.C.S. §4303 ❑ (relatiniz to concealing ❑ ❑ death of child) El 18 Pa.C.S. §4304 (relating to endangering ❑ ❑ welfare of children) El (relating Pa.C.S. §4305 (relating to dealinRin ❑ ❑ infant children) El (relating Pa.C.S. §5902(b) (relatingtto prostitution ❑ ❑ and related offenses) 18 Pa.C.S. §5903(c) or E] '01 ❑ ❑ (relatiniz to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 ❑ (relating to corruption of ❑ ❑ minors 3 ❑ 18 Pa.C.S. §6312 (relating to sexual abuse ❑ ❑ of children) ❑ 18 Pa.C.S. 86318 f relating to unlawful ❑ ❑ contact with minor) El 18 Pa.C.S. §6320 f relating to sexual ❑ ❑ exploitation of children) ❑ 23 Pa.C.S. §6114 Lrelating to contempt for ❑ ❑ violation of protection order or agreement) ❑ Driving under the influence of drugs or ❑ ❑ alcohol Manufacture, sale ❑ delivery, holding ❑ ❑ offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor an other member of my household have a history of violent or abusive conduct including the folly F heck Self Other Date l that ply household member A finding of abuse by a Children & Youth ❑ Agency or similar agency in Pennsylvania ❑ ❑ or similar statute in another jurisdiction 4 Abusive conduct as defined under the ❑ Protection from Abuse Act in Penns lvania ❑ ❑ or similar statute in another jurisdiction ❑ Other: 3. Please list anv evaluation counseling or other treatment received following conviction or finding of abuse: 4. If.any conviction above applies to a household member, not a party, state that person's name date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse histoKy, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. &4904 relating.to unsworn falsification to authorities . 4ek:� 4 , ""g::1, Sfghature Ril'y4tr-11 A, s �. Printed Name Rule 1915.4-1. Alternative Hearing Procedures for Partial Custody [or Visitation] Actions. 5 CERTIFICATE OF SERVICE AND NOW, this / day of , 2013, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, of Daley Zucker Meilton & Miner, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 Gloria M. Rine JAMES T. KETELSLEGER : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Docket No. 2007-6637 KIMBERLY A. KETELSLEGER : CIVIL ACTION - LAW h Defendant : IN DIVORCE r"Co cii =--n M �M JUDGE: Hon. Edward E. Guido �. - �� CD--q C 4" C r- C)�� ii r� �3 i CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, James T. Ketelsleger, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 PA.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence All That Household Conviction Apk Member Guilty Plea,No Contest Plea or Pending Charges ❑ 18 PaC.S. Ch 25 ❑ ❑ (relating to criminal homicide) ❑ 18 PaC.S.§2702 ❑ ❑ (relating to aggravated assault) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 PaC.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 PaC.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 PaC.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 PaC.S. §3121 ❑ ❑ (relating to rape) ❑ 18 PaC.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 PaC.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 PaC.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 PaC.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 PaC.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 PaC.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 PaC.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 PaC.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 PaC.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 PaC.S. §4302 ❑ ❑ (relating to incest) ❑ 18 PaC.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 PaC.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 PaC.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 PaC.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 PaC.S. §5903(c) ❑ ❑ or(d) (relating to obscene and other sexual materials and performances) ❑ 18 PaC.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 PaC.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 PaC.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 PaC.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 PaC.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ I l- /3 influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date All That Household Member ❑ A finding of abuse by a ❑ ❑ Children& Youth Agency of similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined ❑ ❑ under the Protection from Abuse act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification of authorities. l� Sigpufture Printed Name ` " L JAMES T. KETELSLEGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6637 CIVIL TERM KIMBERLY A. KETELSLEGER, CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY G ORDER OF COURT AND NOW, this l day of , 2013, upon consideration of the attached Petition, it is hereby ordered and decreed as follows: The testimony of Lauren Polson, MSW, LCSW, of Guidance Associates of Pennsylvania, shall be done via telephone at the hearing set before this Honorable Court in the above matter on September 20, 2013. BY THE COURT: J. Distribution: F.King,Esquire,4076 Market Street,Camp Hill,PA 17011,Counsel for Plaintiff Sandra L. Meilton,Esquire, Daley Zucker Meilton &Miner,LLC, 635 N. 12th Street, Suite 101,Lemoyne, PA 17043, Counsel for Defendant 911V113 M C C� :) � 41 JAMES T. KETELS.LEGER, IN THE COURT OF COMMON PLEAS Plaitiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6637 CIVIL TERM KIMBERLY A. KETELSLEGER, CIVIL ACTION-LAW Defendant/Petitioner : IN CUSTODY G ORDER OF COURT AND NOW, this l { day of , 2013, upon consideration of the attached Petition,it is hereby ordered and decreed as follows: The deposition of Dennis Graybill shall be used at trial and submitted at the time of trial in lieu of presenting oral testimony of Dennis Graybill in open court at the hearing set before this Honorable Court in the above matter on September 20, 2013 at 9:30 a.m. BY THE COURT: J. Distribution: Jo F.King,Esquire,4076 Market Street,Camp Hill,PA 1.7011,Counsel for Plaintiff andra L. Meilton, Esquire, Daley Zucker Meilton&Miner,LLC, 635 N. 12`h Street, Suite 101,Lemoyne,PA 17043, Counsel for Defendant CU ` a�Lt LL t z7 rrl rj r1-r4l -<)r> . t J b " E- - 4 x C= JAMES T. KETELSLEGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6637 CIVIL TERM : r -_ -� "LI M KIMBERLY A. KETELSLEGER, CIVIL ACTION - LAW e?i-- �'CD Defendant/Petitioner : IN CUSTODY ' CD ' C)-� ORDER OF COURT �- , �r_ AND NOW, this CPO day of , 2013, upon coitsadentior of the attached Petition Requesting Custody Evaluation, it is hereby ordered and decreed as follows: 1. The hearing set for September 20, 2013 at 9:30 a'ri::..a.m. shall be continued until _ Q , 20 IV, at Cj: a.m./tea: 2. A full custody evaluation shall be performed by Arnold T. Shienvold, Ph.D. of Riegler Shienvold&Associates, Harrisburg, Pennsylvania. 3. The custody evaluator shall make specific recommendations for the legal and physical custody of Sarah. If the evaluator makes specific recommendations, the evaluator shall state the specific reasons for the recommendations. 4. The parties shall participate fully with the evaluator on a timely basis, including retaining the evaluator upon appropriate terms, scheduling appointments, paying promptly, participating in all sessions and in appropriate testing recommended by the evaluator -7O,90 � U S. The cost of the custody evaluation shall be paid/o by the Plaintiff 6. The cost for the evaluator's time for depositions and/or testimony for hearing shall be paid by the party seeking the testimony. 7. The evaluator may consult with and/or interview any person the evaluator reasonably believes can provide relevant information, including other experts and/or fact witnesses. r 8. The evaluator may utilize the services of another qualified professional (e.g. to perform additional services) without Court approval. 9. The evaluator's file (including notes, exhibits, correspondence, test interpretations and, to the extent it is not a violation of copyright law or applicable professional rules, raw test data) shall promptly be made available to counsel for the parties. 10. Provided that the parties cooperate on a timely basis, the evaluator shall deliver his report to counsel for the parties, any unrepresented party, the guardian ad litem, if any, and to the court at least 30 days prior to the first day of trial. The report shall not be filed of record. 11. If the report or any information from the evaluator is provided to the Court, the evaluator shall be subject to cross examination by all counsel and any unrepresented party regardless of who obtains or pays for the services of the evaluator. 12. The evaluator shall be provided with a copy of this Order. 13. The evaluator's report shall not be inappropriately disseminated. BY THE COURT: J. �Di-stribution: :/Jo F.King,Esquire,4076 Market Street,Camp Hill,PA 17011,Counsel for Plaintiff andra L.Meilton,Esquire, Daley Zucker Meilton&Miner,LLC, 635 N. 12`t' Street, Suite 101,Lemoyne, PA 17043, Counsel for Defendant: • JAMES T . KETELSLEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY A. KETELSLEGER, CIVIL ACTION - LAW M Defendant NO. 2007-6637 CIVIL TERM-<> E—:z —4c IN RE: CUSTODY ? ORDER OF COURT _ ti AND NOW, this 20th day of September, 2013, after hearing we enter the following temporary order that will be reviewed at the hearing scheduled on January 10, 2014 , at 9 : 30 a.m. . 1 . The parties shall have shared legal custody of their daughter, Sarah, born July 19, 1997 . 2 . Mother shall continue to have primary physical custody subject to periods of partial physical custody in father as follows : A. Overnights every other Monday, Tuesday, Wednesday, and Thursday from 5 : 30 p.m. until the beginning of school the next morning. Father shall pick the child up at mother ' s home and drop her off at school . B. Every other weekend from Friday at 5 : 30 until Sunday at 6 : 30 . C. Such other times as the parties will agree . 3 . The child is not to be alone with her brother unless a parent is present . 4 . The custodial parent shall verify that the child is taking her medication. 5 . The holiday schedule set forth in the marital settlement agreement dated October 9, 2008, shall remain in full force and effect. 6 . During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7 . Each party shall be entitled to reasonable telephone or e-mail contact with the child when she is in the custody of the other party. The parties shall provide to one another an emergency contact telephone number, e-mail address or contact person. 8 . The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child or otherwise harass or interfere with the parties ' period of partial custody. 9 . Sarah shall continue counseling with Lauren Polson, MSW, LCSW, and the parties and Sarah shall continue therapeutic family counseling with Dennis Graybill, MA. The w parties shall be guided by the recommendation of the counselors . 10 . Should either party have the child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number where the child is spending the night . By the Court, Edward E. Guido, J. John F. King, Esquire For the Plaintiff Sandra L. Meilton, Esquire For the Defendant : lfh P g�a��0 JAMES T. KETELSLEGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.2007-6637 CIVIL TERM _l flw KIMBERLY A. KETELSLEGER, CIVIL ACTION- LAW Defendant IN CUSTODY ORDER OF COURTS f AND NOW,this c� 7 day of CE L 7 , 2013, after the first day of hearing before this Honorable Court on Plaintiff's Petition for Modification of a Custody Order, and after the parties hereto having conferred and agreed upon the entry of the custodial terms contained herein, it is hereby ORDERED and DECREED that: 1. The parties shall continue to share legal custody of Sarah Marie Ketelsleger. 2. Kimberly A. Ketelsleger shall continue to have primary physical custody of Sarah Marie Ketelsleger with James T. Ketelsleger having regular parenting time pursuant to the following schedule: a. On alternating weekends from Friday at 5:30 p.m. until Sunday at 8:00 p.m. b. Every Tuesday from 5:30 p.m. until Wednesday morning. C. Every Wednesday from 5:30 p.m. until Thursday morning. d. At such other times at the parties mutually agree. 3. All other custodial provisions set forth in the parties signed Marital Settlement Agreement dated October 9, 2008, which are not superseded by the terms contained herein, shall remain in full force and effect. 4. The subject child shall not be left unsupervised in the presence of her brother and/or his friends. 5. Copies of the statements reflecting the subject child's monthly cell phone use shall be provided to each party on a monthly basis. 6. Mother's name shall be added to the subject child's bank accounts, so as to allow for access by Mother of the monthly statements. Mother shall also be provided copies of statements for any other account into which child's funds are deposited, on a monthly basis. 7. The exchanges of information required by Paragraphs 5 and 6 shall not be handled through the children, but shall be exchanged directly between Mother and Father, or electronically passed or sent via U.S. mail between Mother and Father. 8. The parties anticipate a recalculation of Support to be determined in March, 2014, which newly calculated support obligation shall be retroactive to include September, 2013 through March, 2014. 9. The holiday schedule shall take precedence over the regular custody schedule. 10. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Each party shall be entitled to reasonable telephone or e-mail contact with the child when she is in the custody of the other party. The parties shall provide to one another an emergency contact telephone number, e-mail address or contact person. 12. The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child or otherwise harass or interfere with the parties' periods of partial custody. 13. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the child. 14. Sarah shall continue counseling with a counselor mutually agreed upon by the parties and whose services are covered by the parties' medical insurance coverage. The parties and Sarah shall continue therapeutic family counseling with Dennis Graybill, MA. The parties shall be guided by the recommendations of the counselors. 15. Should either party have the child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number where the child is spending the night. 16. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa.C.S. §5337. 17. It is the intention of this agreement reached by the parties that there will be no further legal proceedings in this matter and that neither party will file a petition with the Court to have this matter once again reviewed by the Court. In the event that issues arise such that one party desires to change this agreed to schedule, the parties shall engage the services of Reigler, Shienvold and Associates (either Arnold T. Shienvold, Ph.D. or Kasey Shienvold, Psy.D., M.B.A.) for a custody evaluation. The parties shall share the cost of the evaluation 70%-30% with Father paying 70% and Mother paying 30% and the parties shall be guided by the advice of the evaluator. BY THE T J. Distribution: n F.King,Esquire,4076 Market Street,Camp Hill,PA 17011,Counsel for Plaintiff Sandra L. Meilton, Esquire, Daley Zucker Meilton&Miner,LLC, 635 N. 12'' Street, Suite 101, Lemoyne, PA 17043, Counsel for Defendant ' L Z7 1,3