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HomeMy WebLinkAbout08-1463V GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Q$ - /?/? 3 Civil Term TARA E. HARVEY, : ACTION IN DIVORCE Defendant 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 •-? w GAVIN M. HARVEY, Plaintiff vs. TARA E. HARVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Of- / yL 3 Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Gavin M. Harvey, a competent adult individual, who resides at 205 Charles Street, Carlisle, Cumberland County, Pa. 17013. 2. Defendant is Tara E. Harvey, a competent adult individual, who resides at 65 Apache Trail, York Haven, York County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 10, 1997, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together; a custody petition has been filed contemporaneously under the above-captioned docket number. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in divorce. COUNT II - CUSTODY 11. Items 1 - 10 are herein incorporated by reference. 12. The parties are the natural parents of two children, namely Mickaela R. Harvey, born 5/22/99, and Trinity P. Harvey, born 4/23/05. 13. Plaintiff has filed a custody petition under the above-captioned docket number. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor children. Respectfully submitted, oate 3/y/g ane Adams, Esquire D. No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /c//o r A O ?4 "?Cw ?I?t f-4 rn rs; ?"' rr'r GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Civil Term TARA E. HARVEY, ACTION IN CUSTODY Defendant 1. Plaintiff is Gavin M. Harvey, who currently resides at 205 Charles St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Tara E. Harvey, who currently resides at 65 Apache Trail, York Haven, York County, Pennsylvania, 17370. 3. Plaintiff is the Father of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Mickaela R. Harvey 5/22/99 65 Apache Trail York Haven, Pa. 17370 Trinity P. Harvey 4/23/05 65 Apache Trail York Haven, Pa. 17370 Mother and Father married on May 10, 1997, and separated on or about February 1, 2008. Mother currently has primary physical custody of the children. CUSTODY COMPLAINT During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Tara E. Harvey 65 Apache Trail York Haven, Pa. 17370 2/1/08 to present Tara E. Harvey 65 Apache Trail 2003 - 2/1/08 Gavin M. Harvey York Haven, Pa. 17370 The mother of the children is Tara E. Harvey. She currently resides at 65 Apache Trail, York Haven, Pennsylvania. She is married to Gavin M. Harvey. The father of the children is Gavin M. Harvey. He currently resides at 205 Charles St., Carlisle, Pa. 17013. He is married to Tara E. Harvey. 4. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with family members. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated on or about February 1. 2008, when Father left the marital home. Father is seeking a custody Order which will provide him with liberal periods of partial custody with the children. Such request would be in the best interest of the children because it would ensure that the children have regular contact with both parents. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Date: -? C/ Q g e Adams, Esquire . No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint 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:3J Lf b b n C r.., o O 'Tl(r 3 i, .... n-I cn 3 CC cz- ,]rn ? c? GAVIN M. HARVEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARA E. HARVEY DEFENDANT 2008-1463 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 04, 2008 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John . Many-an, r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Or Ao i ??, .Z H' £ 1 Ow 99oz GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08- 1463 Civil Term TARA E. HARVEY, : ACTION IN CUSTODY/DIVORCE Defendant ACCEPTANCE OF SERVICE I, Roger Laguna, Esquire, represent Defendant, Tara E. Harvey, in the above- captioned matter; I hereby accepted service of the Notice to Defend, Complaint in Divorce, and Custody Complaint on or about the date lifted below, which was filed by Plaintiffs Attorney under the authorized to do so. oat4?*Zo/ ned number 4bd I hereby affirm I am Roger Lagun squire 1119 N. Front t Harrisburg, Pa. 7192 (717) 233-5292 ATTORNEY FOR DEFENDANT C77 f is ? -77 tj S G r n'? ?7 (10 ,C7 GAVIN M. HARVEY, Plaintiff vs. TARA E. HARVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. © 7- 1 (o? Civil Term : ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 31'p of'/? , 2008, by and between Tara E. Harvey, (Hereinafter referred to as "Mother"), of York Haven, York County, Pennsylvania, and Gavin M. Harvey, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Mickaela R. Harvey, born May 22, 1999, and; Trinity P. Harvey, born April 23, 2005; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Physical Custody of the children as that term is defined in the custody act, shall be shared between Mother and Father. 3. Custody Schedule. Father shall have liberal periods of partial custody with the child as mutually agreed by the parties and as listed in this section. Mother shall have custody of the children at all other times. a. Father shall have a period of physical custody with the children every Wednesday and Thursday evening from 5:00 P.M. until 8:30 p.m. b. Father shall have a period of physical custody with the children on every other weekend, from Friday at 8:00 p.m. through Sunday at 8:00 p.m. c. Father shall be entitled to an additional block of time with the child on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. d. The children shall always be with Mother on Mother's Day from 9:00 a.m. through 5:00 p.m. and Father on Father's Day from 9:00 a.m. through 5:00 p.m. unless otherwise agreed. e. Each party shall have two full non-consecutive weeks with the children during the summer time provided thirty (30) days notice is given to the other party. A week shall be defined as six consecutive overnights. f. Nothing in this stipulation will prevent the parties from making other arrangements upon mutual agreement. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITSS WHEREOF, the parties have hereto duly executed the present Stipulation anp f.;ustody Agreement the day and year first above written. 6 M.t ess Date: `3 . 3 ( d -?' Tara E. Harvey, Mother Date: V/< 5 dr V ?..? ?`? c"'° ??? ? - :, ?? -r, " r:i ??= ?+? i Yom. ,err .. ?::-} f;.,? %t: ?? APR 01 20U8,o?l1 GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08- 1463 Civil Term TARA E. HARVEY, ACTION IN CUSTODY/DIVORCE Defendant ORDER AND NOW, this Z,, I day of ,A1 ' 11 V , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on March 31, 2008, shall be entered as an Order of Court. cc: ?Roger Laguna, Esquire, for mother ne Adams, Esquire, for father eo t E.s Y/a./0$ "-=O? L Z :Z x d Z-- ?}J COOZ GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08- 1463 Civil Term TARA E. HARVEY, : ACTION IN CUSTODY/DIVORCE Defendant AFFIDAVIT OF CONSENT 2008. 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 5, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 0 Z - Z(a - ZOOS M WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of 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. 1 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. _ 7 Date: 02--2& -200 n M. ?a+ C? ^b j cc r GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08- 1463 Civil Term TARA E. HARVEY, ACTION IN CUSTODY/DIVORCE Defendant AFFIDAVIT OF CONSENT 2008. 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 5, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ` Tara E. Harvey, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c)AND 63301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of 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 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: Tara E. Harvey, Defendant T r ` GAVIN M. HARVEY, Plaintiff vs. TARA E. HARVEY, THIS AGREEMENT V4?? 2009, by and between nd Cou /y, Pennsylvania, hereina . HARVEY, of York Haven, York County, e"; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 1463 Civil Term : ACTION IN CUSTODY/DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT , made this ! ? ay of GAVIN M. HARVEY, of Carlisle, Cumberla fter referred to as "HUSBAND", and TARA E Pennsylvania, hereinafter referred to as "Wif WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 10, 1997 in Carlisle, Cumberland County, Pennsylvania, and; WHEREAS, there were two children born of this marriage; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a v^ M.? oZ-Z?- ?`? g/?9lo9 r ` fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE. The Wife has employed and had the benefit of having ROGER LAGUNA, ESQUIRE, as her attorney. Each party has carefully and completely read.this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that HUSBAND has filed a Complaint in Cumberland County, Pennsylvania, 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 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. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. 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 is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be 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 6'Ml-l O2-2G-19v9 /`? ?- .-,?,t?ILI 9 JA_ d?glof 40 . execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. (c) The parties will take any steps necessary to close any joint credit card accounts. z? ?/?9109 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in c siderattion,QQf the tax cone ence associ ted wi r eip o/f alimony._ 10. OTHER PERSONAL PROPERTY. Husband and Wife do herreby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the tangible personal property in Husband's possession shall be the sole and separate property of Husband; and Husband agrees that all of the tangible personal property in Wife's possession shall be the sole and separate property of Wife. Both parties agree that intangible personal property, including retirement benefits, shall remain the individual property of the registered or titled owner, unless otherwise provided in this agreement. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: (a) The Dodge Grand Caravan minivan and 1998 Dodge Dakota shall be and remain the sole and exclusive property of Husband. G ( o2-z`-uw9 2A2-b ( 01 'el c f Z// /0 (c) Wife shall retain the Chervolet Impala. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. REAL ESTATE. The parties previously held title to a marital home, located at 65 Apache Trail, York Haven, Pennsylvania, 17370. That home has been sold pursuant to a short sale and there were no proceeds. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. Other than as provided herein, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. z 16 Get Wife shall transfer the amount of $6000.00 from her 401(k) plan to Husband's 401(k) plan within thirty days of this agreement, if such / transfer can be made without a Qualified Domestic Relatio s Order. If a ualified Domestic Relations Order is required, the parties wil execute and file such Order within thirty days after the entry of the final De ree in Divorce e Qsz f 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each artj/ hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 15. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separately from 2008 forward. Transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6'Htl 02-2& -0061 /c Zlylal s J-4/_ 17 // f /of f , 16. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. G,,? ?C 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek 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 their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Adams, Esquire . South St. lisle, Pa. 17013 7) 245-8508 xnev for Huslbnd o eLagun , EE iiu iiu 1119 North F ont St. Harrisburg, P . 17102 (717) 233-5292 Attorney for Wife in M. a plusband Date: 02-2& -2009 Q Tara E. Harvey, Wife p,, Date: 6L I lq l / OZ-2G-2oo9 4?? 2! ` Gl f") ^' .?--> ;. , - ? ? ?Ti _ n ?4 ? i = ? , r :? 4 i ? ?.? ry W y..,.., - ? iry-i / 4V - u .f i ?? . ? ? ?? CA,) .? GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08- 1463 Civil Term TARA E. HARVEY, : ACTION IN CUSTODY/DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce 2. Date and manner of the service of the Complaint: Service accepted by Defendant's attorney on March 14. 2008: acceptance of service filed March 19, 2008 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: February 26, 2009 By Defendant: February 19, 2009 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 26. 2009 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 26, 2009 oatey//-3/09 Ily J Adams, Esquire D o. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ql ? OF IG.O ?gT IN THE COURT OF COMMON PLEAS OF GAVIN M. HARVEY CUMBERLAND COUNTY, PENNSYLVANIA . V. TARA E. HARVEY NO. 08 - 1463 CIVIL TERM DIVORCE DECREE AND NOW, A b r I 2-3 , 7o, it is ordered and decreed that GAVIN M. HARVEY plaintiff, and TARA E. HARVEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; the marriage settlement agreement, which was signed February 19, 2009 and filed February 26, 2009 shall be incorporated and not merged into this Decree. Prothonotary By the Court, -LY 40,f e9v IN THE COURT OF COMMON PLEAS ??10 GAVIN M. HARVEY, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-1463 Civil Term TARA E. HARVEY, ACTION IN DIVORCE Defendant DOMESTIC RELATIONS ORDER This Order creates and recognizes the existence of an Alternative Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan qualified under Section 401 of the Internal Revenue Code ("Code"). This Order is intended to constitute a Qualified Domestic Relations Order under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted and administered in conformity with those laws. PLAN: This Order applies to the EST 401(k) Plan. 2. PARTICIPANT: The person named as the Participant meets the requirements of the definition of Participant set forth in Section 4 below. The Participant's name, address, and relationship to the Alternate Payee are as follows: Name: Tara Harvey Address: 65 Apache Trail York Haven, PA 17370 Relationship: Spouse 3. ALTERNATE PAYEE: The person named as the Alternate Payee meets the requirements of the definition of Alternate Payee set forth in Section 4 below. The Alternate Payee's name, address, and relationship to the Participant are as follows: Name: Gavin Harvey Address: 205 Charles St. Carlisle, PA 17013 Relationship: Spouse 4. DEFINITIONS Alternate Payee: The Alternate Payee is a spouse, former spouse, child, or other dependent of a Participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable under the Plan with respect to the Participant. Plan Administrator: The Plan Administrator is the person or group legally responsible for administering the Plan. The Plan Administrator of the Plan is the ESI Employee Benefit Plan Administration and Investment Committee. Valuation Date: The Valuation Date is the date Plan assets are valued and investment earnings and losses are allocated to Participants accounts. Each business day is a Valuation Date. BENEFIT PAYABLE TO ALTERNATE PAYEE: The Order assigns to the Alternate Payee an amount equal to $6000 of the Participant's vested account balance under the Plan,pl er th e es a is m e Effective as the Valuation Date that coincides with the date on which the Plan Administrator determines that this Order is qualified, the Plan Administrator will segregate into a separate account the amount assigned to the Alternate Payee above. The segregated account will not be credited with further contribution from any source. The segregated account will be credited with investment earnings and losses that accrue after the date on which the segregated account is established. 6. FORM OF PAYMENT If the amount payable to the Alternate Payee is $5,000 or less, the Alternate Payee will receive an immediate lump-sum payment. If the amount payable to the Alternate Payee is greater than $5,000, the Alternate Payee shall receive the benefits assigned to the Alternate Payee in a lump sum payment, or monthly or annual installments, or a rollover into another account, as the Alternate payee elects in accordance with the terms of the Plan. 7. COMMENCEMENT If the amount payable to the Alternate Payee is $5,000 or less, the Alternate Payee will receive an immediate lump-sum payment. If the amount payable to the Alternate Payee exceeds $5,000, the Alternate Payee may elect to receive payment as soon as administratively feasible following the determination that his Order is a Qualified Domestic Relations Order. Otherwise, the Alternate Payee may not receive the payment until the earliest of (1) the date the Participant could receive a distribution under the Plan, (2) the Participant's termination of employment, or (3) the Participant's attainment of age 50. 8. DEATH PROCEDURES The Alternate Payee may designate a beneficiary to receive the Alternate Payee's benefits in the event of his or her death prior to distribution of the benefits. In the absence of a beneficiary designation, the Alternate Payee's benefits will be paid in accordance with the Plan provisions as if the Alternate Payee were a Participant who died without designating a beneficiary. 9. RETENTION OF JURISDICTION In the event that the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it to become qualified. This includes signing all necessary documents. For this purpose, the court expressly reserves jurisdiction over the dissolution proceeding involving the Participant, the Alternate Payee, and the Participant's interest in the Plan. 10. LIMITATIONS This Order: (1) does not require the Plan to provide any type or form of benefit or any option that it not otherwise provided under the Plan. (2) does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and (3) does not require the payment of benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 11. TAXATION The Alternate Payee shall be responsible for and pay any income taxes owing as a result of benefits paid to the Alternate Payee pursuant to this Order. 12. CERTIFICATION OF NECESSARY INFORMATION The Alternate Payee and the Participant shall provide the Plan Administrator with any additional information that the Plan Administrator may reasonably require to make the necessary benefit calculations contained herein. All payments made pursuant to this Order shall be conditioned on the parties' certification of the information provided. A copy of this Order shall be served on the Plan Administrator forthwith. This Order shall take effect immediately and remain in effect until further Order of this Court. CONSENTED: Tara E. Harvey, Part' D te: 0I3 0? Rog& Lagu7r'ont a, 1119 North S reef Harrisburg, Pa.?7 02 (717)233-5292 Attorney for Participant SO ORDERED, this f 1 K day of ? a o cc: ?Jane Adams> Esquire -- Roger Laguna, Esquire CT ?L --L 114116 ?=flj d'ane Adams, Esquire 17 . South St. C isle, Pa. 17013 17) 245-8508 Attorney for Alternate Payee , 2014 . ^ N d C n I: C- LI3 ? ; _?l T ., rn cn co Date: ?/-3/q BY THE COURT: MAR 31 ZRZ GAVIN M. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-1463 Civil Term n n c o TARA E. HARVEY, ACTION IN DIVORCE Defendant r +Tt DOMESTIC RELATIONS ORDER C% _ rn This Order creates and recognizes the existence of an Alternative Payee's righNio receive a portion of the Participant's benefits payable under an employer-sponsored defined cohtrib?tion'` plan qualified under Section 401 of the Internal Revenue Code ("Code"). This Order is intended to constitute a Qualified Domestic Relations Order under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted and administered in conformity with those laws. I . PLAN: This Order applies to the ESI 401(k) Plan. 2. PARTICIPANT: The person named as the Participant meets the requirements of the definition of Participant set forth in Section 4 below. The Participant's name, address, and relationship to the Alternate Payee are as follows: Name: Tara Harvey Address: 1210 York Haven Road, 1 ` floor York Haven, PA 17370 Relationship: Spouse 3. ALTERNATE PAYEE: The person named as the Alternate Payee meets the requirements of the definition of Alternate Payee set forth in Section 4 below. The Alternate Payee's name, address, and relationship to the Participant are as follows: Name: Gavin Harvey Address: 205 Charles St. Carlisle, PA 17013 Relationship: Spouse 4. DEFINITIONS Alternate Payee: The Alternate Payee is a spouse, former spouse, child, or other dependent of a Participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable under the Plan with respect to the Participant. J -Plan Administrator: The Plan Administrator is the person or group legally responsible for administering the Plan. The Plan Administrator of the Plan is the ESI Employee Benefit Plan Administration and Investment Committee. Valuation Date: The Valuation Date is the date Plan assets are valued and investment earnings and losses are allocated to Participants accounts. Each business day is a Valuation Date. BENEFIT PAYABLE TO ALTERNATE PAYEE: The Order assigns to the Alternate Payee an amount equal to $6000 of the Participant's vested account balance under the Plan. Effective as the Valuation Date that coincides with the date on which the Plan Administrator determines that this Order is qualified, the Plan Administrator will segregate into a separate account the amount assigned to the Alternate Payee above. The segregated account will not be credited with further contribution from any source. The segregated account will be credited with investment earnings and losses that accrue after the date on which the segregated account is established. 6. FORM OF PAYMENT If the amount payable to the Alternate Payee is $5,000 or less, the Alternate Payee will receive an immediate lump-sum payment. If the amount payable to the Alternate Payee is greater than $5,000, the Alternate Payee shall receive the benefits assigned to the Alternate Payee in a lump sum payment, or monthly or annual installments, or a rollover into another account, as the Alternate payee elects in accordance with the terms of the Plan. 7. COMMENCEMENT If the amount payable to the Alternate Payee is $5,000 or less, the Alternate Payee will receive an immediate lump-sum payment. If the amount payable to the Alternate Payee exceeds.$5,000, the Alternate Payee may elect to receive payment as soon as administratively feasible following the determination that his Order is a Qualified Domestic Relations Order. Otherwise, the Alternate Payee may not receive the payment until the earliest of (1) the date the Participant could receive a distribution under the Plan, (2) the Participant's termination of employment, or (3) the Participant's attainment of age 50. 8. DEATH PROCEDURES The Alternate Payee may designate a beneficiary to receive the Alternate Payee's benefits in the event of his or her death prior to distribution of the benefits. In the absence of a beneficiary designation, the Alternate Payee's benefits will be paid in accordance with the Plan provisions as if the Alternate Payee were a Participant who died without designating a beneficiary. 9. RETENTION OF JURISDICTION In the event that the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it to become qualified. This includes signing all necessary documents. For this purpose, the court expressly reserves jurisdiction over the dissolution proceeding involving the Participant, the Alternate Payee, and the Participant's interest in the Plan. 10. LIMITATIONS This Order: (1) does not require the Plan to provide any type or form of benefit or any option that it not otherwise provided under the Plan. (2) does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and (3) does not require the payment of benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 11. TAXATION The Alternate Payee shall be responsible for and pay any income taxes owing as a result of benefits paid to the Alternate Payee pursuant to this Order. 12. CERTIFICATION OF NECESSARY INFORMATION The Alternate Payee and the Participant shall provide the Plan Administrator with any additional information that the Plan Administrator may reasonably require to make the necessary benefit calculations contained herein. All payments made pursuant to this Order shall be conditioned on the parties' certification of the information provided. A copy of this Order shall be served on the Plan Administrator forthwith. This Order shall take effect immediately and remain in effect until further Order of this Court. CONSENTED: JE. ey, 7 { 1D Wier Lagu a, Esquire 1119 North rout Street Harrisburg, Pa. 17102 (717) 233-5292 Attorney for Participant J e Adams, Esquire 7 South St. Ca/lisle, Pa. 17013 (7 7) 245-8508 ttorney for Alternate Payee SO ORDERED, this 2, -71 day of Arc" cc: ?Jane Adams, Esquire R . g er Laguna, Esquire IC? m U I L< S hl bl 16 , 2010. Date-1)3 - 2& -ZO 10 BY THE COURT: GAVIN M. HARVEY, „ t H . PROTHON i I C'...Y : IN THE COURT OF COMMON PLEAS 1 Q�� � :20 Plaintiff : CUMBERLAND COUNTY, PENNSYLVAMSr BLAND COUNTY PENNSYLVANIA vs. : No. 2008 - 1463 Civil Term TARA E. HARVEY, : ACTION IN CUSTODY Defendant : PETITION TO MODIFY CUSTODY 1. Plaintiff is Gavin M. Harvey, (hereinafter "Father"), whose address is 627 N. West Street, Carlisle, Pennsylvania, 17013. 2. Defendant is Tara E. Zydor (formerly Harvey, hereinafter "Mother"), whose address is 145 Joan Drive, York Haven, Pa. 17370. 3. Mother and Father are the natural parents of two children, namely, Mickaela R. Harvey, bom May 22, 1999, (age 15) and Trinity P. Harvey, bom April 23, 2005 (age 9). 4. On April 2, 2008, a custody stipulation was entered regarding the children, pursuant to the parties' stipulation. 5. The custody Order provided that the parties would share legal and physical custody, with Father to have physical custody of the children overnights on every other weekend. 6. There has been a substantial change of circumstances in that: (a)The older child, Mickaela, is now age fifteen (15) and there has been a certain amount of friction between her and her Mother. (b)Mickaela lived with Father for a month during the summer time in 2014. (c)After a conflict on or about October 20, 2014, Mickaela left Mother's home, and has now moved into Father's home. (d)Mother refuses to sign an updated custody stipulation. 3.,122/p (` Attt 3/2 le SZ 7. Father is requesting modification of the prior custody Order, in particular, provisions that would provide for: (a) Father to have primary physical custody of Mickaela due to recent developments and Mickaela's move into Father's home, so that he can properly provide for educational, medical and emotional needs. (b)Appropriate periods of partial physical custody to be provided for Mother with the child. (c)Any other changes or additional terms deemed appropriate, given the current changes circumstances. 8. The relief requested is in the best interest of the child because it promotes the stability and safety of the child while providing for ongoing contact with both parents. 9. Father is requesting that the custody Order be modified as described herein. WHEREFORE, Father request this Honorable Court modify the custody Order in the above -captioned matter. Date: 10V1 SLI Respectfully submitted, Adams, squire No. 79465 West South Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR FATHER VERIFICATION I verify that the statements made in THIS PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Z (o bcT ZD I cj G�,IG� avin M. IH e , PI ntiff GAVIN M. HARVEY, FILE.0-0t" r JCE CF 1HEPR0TH0`0TAR'I 2514 OCT 21 fill .9: 20 CUMBERLAND COUNTY : IN THE COURT OF COMMON PLiikki NSYLVANIA Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2008 - 1463 Civil Term TARA E. HARVEY, : ACTION IN CUSTODY Defendant CRIMINAL RECORD I ABUSE HISTORY VERIFICATION I, GAVIN M. HARVEY, 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 plead 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, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory 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. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct Relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and relating offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene and otber sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minors) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating 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 any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply members A finding of abuse by Children & Youth Agency or 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: Date 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 to authorities. GAv;h M NAfvt I Pnnted Name Date: 2(0 OCT 4O(1/ GAVIN M. HARVEY PLAINTIFF V. TARA E. HARVEY DEFENDANT IN THE COURT OF COMMON PLEAS OF -40 CUMBERLAND COUNTY, PENNSYLVAISS',i Ztom" cx) — c 7zC2) 2008-1463 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 29, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Thursday, December 04, 2014 8:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. fp.. Custody Conciliator • The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990..For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. apik #07,/tv a be/I o /Wets S, (�s o 7, 7pc Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 l F THE PRO t HOH0 TAR 201010V -6 PM 1::1.2 cU GAVIN M. HARVEY, : IN THE COURT OF COMMONMBLRLAND LVAN AY Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2008 - 1463 Civil Term TARA E. HARVEY, : ACTION IN CUSTODY Defendant : STIPULATION AND CUSTODY AGREEMENT AND NOW this 3rcL Day of M,0 Veil') bee— , 201q, this Stipulation and Custody Agreement is made between the parties, namely, Tara E. Harvey, now known as Tara E. Zydor, (hereinafter referred to as "Mother"), of York Haven, York County, Pennsylvania, and Gavin M. Harvey, (hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, the parties are the natural parents of two children, namely, Mickaela R. Harvey, born May 22, 1999; and Trinity P. Harvey, born April 23, 2005; and WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is a prior Order of Court which was entered on April 2, 2008. The parties agree as follows: 1. Legal Custody. Father, Gavin M. Harvey, and Mother, Tara E. Zydor, shall have shared legal custody of their children, Mickaela R. Harvey, and Trinity P. Harvey. The parties shall have an equal right to make all major non -emergency decisions affecting their child's general well-being, including, but not limited to, all decisions regarding health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including, but not limited to, medical, dental, religious, or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each party shall notify the other of any medical, dental, optical and other appointments of a child with a healthcare provider, sufficiently in advance thereof so that the other party can attend. In the event of a medical emergency, the party with physical custody at the time shall make any emergency decisions, and shall promptly notify the other party as soon as practicable after the emergency is handled. 2. Physical Custody. Mother shall have primary physical custody of Trinity P. Harvey and Father shall have primary physical custody of Mickaela R. Harvey. The parties shall alternate periods of partial physical custody with the children as follows: a. Mother and Father shall alternate physical custody of the children on the weekends, such that both children shall go to one parties' house on one weekend, and the other parties' house on the next weekend. A weekend shall be defined as Friday at 7:00 p.m. through Sunday morning during the school year and Friday at 7:00 p.m. through Sunday afternoon during the summer. b. The parties shall equally share all holidays, including Easter, Thanksgiving, and Christmas, such that Mother shall have the first part of the holiday, from approximately 8:00 a.m. through 1:00 p.m. and Father shall always have the second part of the holiday, from 1:00 p.m. through approximately 8:00 p.m. c. Both children shall always be with Mother on Mother's Day and with Father on Father's Day regardless of which parties weekend the holiday falls on. d. Each party shall have two full non-consecutive weeks with the children during the summer time provided that thirty(30) days notice is given to the other party. A week shall be defined as six consecutive overnights. e. Nothing in this stipulation shall prevent the parties from making other arrangements upon mutual agreement. 4. Transportation. The parties shall share transportation for all exchanges. If the parties cannot agree otherwise, then the receiving party shall pick up the children for each exchange. 5. Disparaging Comments. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the children. 6. Relocation. Pursuant to 23 Pa.C.S.§5337, no party shall be permitted to relocate the residence of the child which significantly impairs the other parties' ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed custody relocation or the court approves the proposed relocation in a court Order. A person proposing to relocate must comply with 23 Pa.C.S.§ 5337, and give notice under this section. 7. Factors and Best interest of the children. In ordering any form of custody, the court can determine the best interest of the child, by considering ail relevant factors, including those listed in 23 Pa.C.S.§5328, giving weighted consideration to those that affect the safety of the child. The parties have considered all of the relevant factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the children, and it is in the best interest of the children and the parties to resolve this matter without litigation and with minimal conflict. 8. Stipulation. This Stipulation is entered pursuant to an agreement of the parties. The parties agree that this stipulation may be incorporated as an Order of Court and may be enforceable as an Order of Court. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this agreement and Order shall control. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. The parties consent to jurisdiction in Cumberland County, Pennsylvania. WITNESSETH: Tara E. Zydor, Date: GAVIN M. HARVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-1463 CIVIL ACTION - LAW TARA E. HARVEY, : IN CUSTODY Defendants ORDER AND NOW, this day of November, 2014, the Conciliator being advised the parties have reached an agreement and have signed a Stipulation, the Conciliation Conference scheduled for December 4, 2014, has been cancelled and the Conciliator relinquishes jurisdiction. H .ert X. Gilroy, Es Custody Conciliator c. GAVIN M. HARVEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2008 - 1463 Civil Term TARA E. HARVEY, : ACTION IN CUSTODY Defendant : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this /G day of , 2014 having reviewed the agreement between the parties signed and dated the 3RD day of November 2014, is hereby ORDERED and DECREED that the attached stipulation shall be entered and incorporated into this Order of Court. cc: Jane Adams, Esquire, for Father Tara E. Harvey, Mother 69- es /4.. eq' I4 J, ©/igger By the Court: _w rn CD Cd -1