HomeMy WebLinkAbout09-2066THIS AGREEMENT made and entacd into this Z day of A4 g
200, by and between PATRICK FELTON, hereinafter called the "Husband and
AMY L. FELTON hereinafter called the "Wife".
pv1TNg3sET -
WHEREAS. the parties .vote married to each other on w'2010; and
WHEREAS, there were two ch9dren born of the marriage, specifically:
TABITRA ANN FBLTON bom April. 23, 2001, and ORACLE ELIZABETH FELTON
born August 27, 2003;
%HEREAS, each of the parties has had the advice of competent legal counsel
who have represented each of dum;
NOW, THEREFORE, in consideration of these promises and other good and
valuable consideration, end of the mutual promises hereinafter set forth to be performed
by the parties if it's geed as follows:
1
CAUI#jg io . The consideration of thic Agreement is the mutual
promises and agreements herein COnrtained.
2. n The parties have separated and shall continue to live
separate and apart daring the remainder of their natural lives. Each shall be free from
itttt ference, authority and contrMl, direct and iuodired, by the other as fully as if he or she
were single and unmarried.
3. rttn'D. art 4ertaau*L 111is ag reernent may be signed in we or
'"ore eounterpam each of which. when executed with the same formality and in the same
manner u the original. shall constitute an orighW.
4. CmpvMpft LL% 7Nis Agreement shall be construed and governed in
accordance with the law of the State of Florida.
3. Mllhtal UndetrataadW '['his Agreement contains the entire
understAnding of the Parties. 'Lucre are no mpresentauions. promises or undertakings
other chart those expressly set forth herein.
6. Waint of Strict Performori . ?he failure of either party to Insist
upon strict perfonnartcc of uny of the provisions of Oils Ageement shall not be comtrued ?j
as a waiver of any kind and if either of the parties shall faU to insist upon strict !
pMorntance of any of the terms. conditions or promises herein contained it shall not be
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03/10/2006 FR! 11:15 FAX
Petrick M. Feilon v. Amy L. VWW
GN No. FMCE 05.1.1266 (75) (91)
INT-da` Av""M c / ftge 2
deemed a waiver of any subsequent breach or default or the terms, conditions or promises
herein contained.
7. Inr4mmatign, The article headings of this Agreement are for the
convenience of the reference only and shall not affect the interpretation of any provision
hereof.
8. 1{(no• 12 ft of Cmtmts and- Ramps
A. The Wife has had independent legal advice by counsel of her own
selection in the preparation of this Agreement specifically.
KAREN ZANN, ESQ. The Husband has had independent legal
advice by counsel of his own selection in the preparation of this
Agrecumtt, specifically, binrseif.
B. Each party fully urderst ands the facts, and each is signing this
Agreement freely and voluntarily, intending to be bound by it.
9. AuthacshiQ. In the event that It becomes necessary for any reason to
construe this Agreement as permitted by the Rules of Evidence of the State of Florida,
this Agreement will be construed as being jointly prepared and written by all parties
hereto.
10. glielal InvididitY. If any provision of this Agra menu is held to be
invalid or unenforceable, all of the other provisions shall nevertheless continua in full
force and effect.
11, parental Respo WAjtrof Miiwr Child:
A. The parties shall have shared parental responsibility of the rninor
children. Each recopixes the deep love, devodon, sud dedication
of the other to the children. Each rec oSnizes that the other has the
fight to, and shall fully participate with the other and with the
children, in all-important stutters pertaining to the children's
health, welfare, education and upbringing. The Wife shall be
deemed the primary residemial parent of said children. The
Husband shall have liberal and frequent contact and access with his
children. The minimum contact and scene to which the Husband
shall be entitled is:
ULAN ¦. GLAWN. P. a6earw? eawr?r _ sum rn. ? tieoe ewriinrlt aouYnnuo i+o rr+.i. FLOM" 3"' ray ftow"a" e/ea«w
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Pmrick M. Felton v. Avv L. Felren I
Cart No. FMCS 05.1430 05) t9t1
Pwandns Agreanent I pros 3
i. The Husbuid shall have alternate weekends with the children
inidins with him from Friday at 5:30 P.M. until SuMay at 7:00
P.m.
ii. The Husband shall have weekly visitation one night each week
picking the children up. having dinner with them, and returning
them at their bedtime.
iii, The Husband shall have the children reside with him followine
one see after the MW ends .^lu?r ..t.' • .?aa?-a:.?p(' A
3
KYA"V'4 a, . w - Qu!14?a? ien4 y Peu? g°t
f i 4 ? ?' holiday vacation pwiodtAll other holidays including school
` holidays shall be equally divided between tilt panies.
B. All decisions regarding the health, religious and secular education
of the children, their travel, welfare, and upbriaging shall be made
on a joint decision ntaldrtg basis
C. Each party shall notify the other promptly of any serious illness or
accident befalling any of the minor children.
D. Enctxnt;eme Loyd ands; Each party alull attempt to
ensure that the chgdtn maintain unhampered contact with both
parties and each shah! not do anything that would estrange the
children from the other pony or that would impair the natural
development of the ehildnen's love and respect for either party.
Both patties shall exercise in the utmost of good faith, his or her
beet efforts at all times to encourage and foster the maximum
relations of love and affection between the Children and their
mother and father, Neither stall in any stray impede. obs(ruct, nor
interfere with the exercise by the other of his or her right of
companionship with the Children, and neither of them at any time
shalt in any manner disparate nor criticize the ocher parent, nor
allow others io do to in the presertae of the children.
?i E. Both p" a shall be entitled to participate with and aumld special
p? aeliVities in which the children are engaged, such as religious
111??\ ac ivities, school programs. sports events and other extracurricular
smivities, programs, sized important sod al eveaus in which the ! 1
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G. F. ersency Decisww-Unilaftrally Pwgiutd: It is understood
that some decisions must be made on an emergency-type basis, and
in mach event each of dose patties rants the other the right to
make such decisions and each to obligate the other under those
circumsrances in the event of a ttus medical or other emergency on
behalf of the children. In the event of any such emergency, the
nett duty of the parent with whom the child or children are at the
time of the emergency shall have the obligation to immediately
inform the other parent as soon as practicable alter the occurrence.
H. QM Telobagic igdo& Whets the Children are with
the other patrv!g, the parent with whom the Children ere not shall
have open and reasonable right of telephonic communications with
the Children at all tithes.
L Notification and Aacm in tbt went of Bloats or Accident. Each
of the parries agree that If either of therm has any knowledge of any
illness or accident or other circumstances seriously affecting the
Children's bealth and general welfare, either Husband or Wits, as
the case may be, will promptly notify the odw of such
circumatancta, and the party who is notified shall have immediate
access to the Children, notwitltstoQding where sold Child may be.
Wherever the Children art, each of the parties shall be Informed of
where they can lave telephonic communicatiow with the Children
end shall have right to such communication.
J. Entitlernent IComplM Vdgaagm. Each party shall be entitled to
complete and detailed information from all pediatrieianx,
physicians, consultants, or specialist encoding du Children for any
reasor? whatsoever and to be furnished with copies of any reports
Pavitk K. Petm v. Any L. peltm /
can No. FMCS 05440e" (911
rePOWna AgrOMM a / PW r
children are in or in which they may be engaged or involved. Each
peewit shell be entitled to reg6ve all school records of the children
and notice of any school events,
F. Both parties shall participate in all major decisions affecting the
child.
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given to ono or the other parent. Each sbeU be antlrled to cotrlplerv
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03/1012006 FRI 11:17 FAX
.. tYtriek M. Felton v, Amy L Fatw /
Cue No. F'MCE 03-14366 (36! (91)
parf"tins Arveftwo I Paso s
and detailed itlfortuatlon from all teachm. school, summer camps
or other Institutions where the Children may attend or with which
they may become asaaclated in any way. Each of the parents
should be furnished with copies of %U reports given to the other.
K. laf nmd of Zk_reaboula! lxch of the p"es shall key the
other reasorAbly ids n ed at all tithes of the whereabouts of the
nniDw children when they are with either of the parties or with
other.
L. Nan= to beMaklai&W. Neither of the ptsties will in any time or
any reason cause the minor children to be known, identified, or
designBW by arty other last turtle other than Felton and neither
shall initiate or cau9c the designation of Frther or Mother or their
equivalent to be used by the minor children with reference to any
persm odd tbm the parties hereto.
12. CQvettant to Introduce AgmMent in Eyidoxe. Each of the parties
hereto agrees that he or she either as Petitioner or Respondent sb&U offer in evidence this
Agreement in any action for legal separation or dixioluuon of marria sc of the parties
hereto, and consents and agrees that the Court having jurigdiction of such action shall and
by these presents does have the authority and power to incorporate itt any decree of
judgment entered in such cause. the provisiorts of this Agreement in their entirety and the
provislons of this Agmerom in their entirety shall be and become part of any such decree
of judsmont in such cause.
IN WI'T'NESS WHEREOF, the parties have executed this Parental A,greeatertt and
have hereunto set their heads and seal the day and year first written above.
Wic
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DO HEREBY CI
and correct copy
and file in the of
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Florida.
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5!4!200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICK FELTON,
NO. 09-2066 Civil Term
PETITIONER
CUSTODY
EMERGENCY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY
AND NOW, to wit, this q'? day of rn aA -- 2009, comes Petitioner, Patrick
AMY COX- FELTON, CIVIL ACTION - LAW
RESPONDENT
Felton, by and through his counsel Hoffineyer and Semmelman, LLP, and David C. Schanbacher, Esquire, and
files this Emergency Petition for Contempt and Modification of Custody and states as follows:
1.
Petitioner, Patrick Felton, (hereinafter referred to as "Father"), is an adult individual who presently
resides at 13 Glenamoy Road, Unit 102, Timonium, Baltimore County, Maryland 21093.
2.
Respondent, Amy Cox-Felton, (hereinafter referred to as "Mother"), is an adult individual who
presently resides at 1102 Market Street, Unit 7, New Cumberland, Cumberland County, Pennsylvania 17070.
3.
The parties were married on October 31, 2000 and subsequently divorced in 2006 in the State of
Florida. There were two children born of the marriage, namely Tabitha A. Felton, date of birth, April 23, 2001
(age 8); and Gracie E. Felton, date of birth August 27, 2003 (age 5).
If.
5/4/200910:18:39 AM=m=Felton Pet for Contempt.doc=F#2
4.
The parties entered into a Comprehensive Mediated Settlement Agreement dated April 7, 2006, which
was adopted as an Order of Court in the State of Florida, in the Circuit Court of the 17t' Judicial Circuit, in and
for Broward County, Florida, Docket No. 0514266 (35) (91). A copy of the Agreement is attached as Exhibit
"A" and incorporated by reference herein.
5.
As part of that Agreement, the parties stipulated to certain custody rights which were attached to
Exhibit "A" as Parenting Agreement Dealing with Minor Children Issues signed on March 9, 2006.
6.
The parties' agreement was registered in Cumberland County, Pennsylvania to the above-referenced
docket number on April 2, 2009 since neither party nor the children reside in Florida, and Mother and the
children now reside in Cumberland County, Pennsylvania.
7.
Pursuant to their Agreement, the parties share legal custody with Mother having primary physical
custody of the children. Father is to have alternate weekends plus weekly visitation one night each week as well
as vacations during the summertime. They also share custody on every other holiday, including school and
religious holidays. The Christmas vacation is divided so that the custodial parent has the children for the first
five days (including Christmas Day) in odd numbered years while the non-custodial parent has the children for
the balance of the Christmas break. In even numbered years, the non-custodial parent has the children for the
entire holiday period.
COUNT I - CONTEMPT
8.
Mother is in willful and intentional violation of the Order for the following reasons:
A. Health and Welfare of Children. The parties are responsible under shared legal custody, to
discuss with each other issues regarding the children's health, welfare, education and upbringing.
Further, all decisions regarding these issues are to be made on a joint decision making basis. The
parties have a responsibility of maintaining a safe and healthy environment for the children.
2
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5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
On or about April 23, 2009, Father and his current wife stopped by Mother's residence on
their way to a school function and took photographs through a window of Mother's home,
which are marked Exhibit "B", attached hereto and incorporated by reference herein.
Father is deeply concerned about the unsanitary conditions in which the children are living
at Mother's home, which Mother has not disclosed to Father or attempted to rectify. Father
has photographs of the same conditions which existed during the time of the parties'
separation and divorce in Florida, which caused Father concern at that time as well.
Additionally, Father learned from the older child that at her last visit to the pediatrician the
doctor was not happy with Mother or the child because the child has gained 18 pounds in
the past year and is considered obese by use of the Body Mass Index (BMI) scale. Mother
is not practicing proper nutrition with the children.
B. The parties are to notify the other parent promptly in the event of a serious illness or
accident involving the children. Mother failed to notify Father of an ankle injury
sustained by the oldest child in October of 2006 until eight weeks after the injury and the
child was not properly treated, causing problems with the ankle to this day. The child also
broke a secondary/permanent tooth in an accident at school and again Father was not
notified.
C. Alternate Weekends. Father has been frustrated in his attempts to spend the alternate
weekends with his children. On no less than two occasions in January 2009, those dates
being January 16" and January 23rd, Father arrived at the residence of Mother to pick up
the children for his period of custody. However, Father was refused his request and did not
see his children until January 30, 2009. During calendar year 2008, Father was only
permitted visitation on February 15-17, March 14-16, April 18-19, summer vacation from
July 5-Augsut 3, and on December 24, 2008-Janaury 2, 2009. Father made regular and
continuous attempts to communicate with Mother via phone calls to the land line located
at 1102 Market Street, Unit 7, New Cumberland, Pennsylvania 17070 and to the mobile
phone that belongs to Mother, a-mails to Mother and even letters sent via U.S. Mail,
certified, return receipt requested. Father began these communications in November 2007,
immediately upon being offered and accepting a position in Maryland. Mother has not
replied to most of the communication.
D. School Holidays. The children had school holidays on President's Day 2009 and Holy
Thursday 2009, but Father was not permitted to alternate these holidays with Mother.
Further, during the 2008 calendar year, Mother only permitted Father to exercise custody
of the children on one holiday, rather than alternating them throughout the year.
Additionally, on Holy Thursday, Mother insisted Father return the children to her by 1:00
PM on Easter Sunday because "since I'm letting you have them a day early for their
weekend visitation, I want them back early on Easter". Father should have had the entire
Easter holiday weekend until 7:00 PM on Easter Sunday.
E. Counseling. Pursuant to the Agreement of the parties, specifically paragraphs 11 a and b,
all decisions regarding the health, religion and secular education of the children, their
travel, welfare and upbringing shall be made on a joint decision making basis. On or about
January 15, 2009, Mother unilaterally decided to take the oldest child to a therapist without
any input from Father. Father was subsequently asked to be part of a counseling session on
Friday, January 16, 2009. The therapist divulged to Father that Mother criticized Father for
different parenting styles. However, Father contacted the therapist and Mother in writing
to advise that Mother was in violation of the Agreement since he was not consulted as to
permission of the child to engage in therapy and that the counseling shall be terminated
3
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immediately or Father would file a Contempt of Court charge. Father ascertained that the
scheduled counseling session on January 22, 2009, did not take place and that his request
to cancel that session had been fulfilled.
F. Decisions regarding health, religious and secular education and being provided
school records and notice of school events. Pursuant to Paragraphs I LB and E, Mother
had Father's name removed from the teacher's mailing list for information regarding Holy
Communion and an event in May 2009 surrounding this. Mother is also not providing the
parental support needed for Tabitha to excel in school. In spite of the teacher's assessment
that Tabitha is a bright child, her homework is not being completed or turned in on a
timely basis. Mother is also not reviewing and signing the paperwork regarding the
completion of homework assignments as provided by the teacher. Father has a-mails to
and from the teacher regarding the teacher's concerns that Tabitha is not receiving the
motivation, support and monitoring at home with regards to academic responsibilities.
G. Periods of custody and encouragement of love and affection. Mother is continually
attempting to thwart Father's periods of custody and interfere in his relationship with the
children by scheduling events and activities for the children during Father's periods of
custody without his consent. Both children have also approached Father with concerns,
issues and displeasure that Mother regularly criticizes Father and has done so in front of
other family members and friends. Further, on July 5, 2008 during the custody exchange,
Mother's paramour was present and confronted Father in a threatening manner. Father
attempted to ignore this individual, but the paramour continued to accost Father in front of
the children. Father registered a complaint with the New Cumberland Police Department
and a written report is on file.
H. Open telephonic and communication pursuant to paragraph 11.H. of the Order, the
parties are to permit open telephone communication when the children are with the
other parent. Further, the parties are to make decisions jointly and to discuss issues.
Father has repeatedly left messages for Mother on her land line, but Mother refuses to
return his calls claiming the phone is in her mother's and at her mother's house. However,
Mother is apparently receiving the voicemails based upon comments she is making to
Father. And the children are upset because Mother is not informing them that Father called
and left a message. Father has acquiesced to Mother's request and left messages on both
the land line and cellular phone and still receives no replies.
1. Pursuant to paragraph's 11.E and I U, both parents are to receive copies of any
reports given by the school, including school records and notification of special
events. Father did not receive copies of any progress reports for the older child for
kindergarten or first grade until he personally wrote the school and provided them with a
copy of the Custody Order. Mother is not providing Father with this information. The
younger child is now in kindergarten and Father has not received any reports from Mother
regarding the child's progress.
WHEREFORE, Father respectfully requests that this Honorable Court grant the following relief:
A. Mother is found in Contempt and directed to abide by all the provisions of the Parenting
Agreement which has been registered as an Order in Cumberland County, Pennsylvania.
B. Father is permitted makeup time for those weekends when he has not had custody of his children
per the schedule in the Mediated Agreement and Order.
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514/200910:18:39 AM=nn=Felton Pet for Contempt.doc=F#2
C. Mother shall pay Father counsel fees in the sum of $2,000.00 for the preparation of this petition
together with additional fees and costs if this matter proceeds to a hearing.
D. Any other equitable relief the Court deems appropriate.
COUNT II -MODIFICATION
9.
Paragraphs 1 through 8 are hereby incorporated by reference as if set forth at length.
10.
Mother, as evidenced by the photographs in Exhibit "B," as well as the allegations in Count I, is not
providing a safe, healthy environment for the children and is not considering what is best for them, including
fostering a relationship between the Father and the children.
11.
The best interest and permanent welfare of the children will be served by modifying the current order as
follows:
A. Majority physical custody. Father shall have majority physical custody subject to Mother's
rights of partial physical custody, commencing immediately. However, Father is willing, if
given majority custody, to continue the children's enrollment in their current schools for the
balance of the 2008-2009 school year (which ends on June 5, 2009). Father will then make
arrangements for the children to attend school in Maryland commencing with the 2009-2010
school year.
B. Partial physical custody. Mother shall have periods of partial physical custody as follows:
(1) Alternate weekends from Friday at 6:00 PM until Sunday at 6:00 PM commencing on
C. Transportation of the children for all custody exchanges shall be shared equally by the parties.
The parties shall meet at Exit 10 on Interest 83 to exchange the children for all periods of
custody.
D. Conciliation. A conciliation conference shall be scheduled to establish additional periods of
custody to be determined by the conciliator.
12.
Each parent whose parental rights to the children have not been terminated, and any person who has
physical custody of the children has been named parties to this action.
5
5(4(200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
WHEREFORE, Father respectfully requests this Honorable Court grant the following relief:
A. Majority physical custody. Father shall have majority physical custody subject to Mother's
rights of partial physical custody, commencing immediately. However, Father is willing, if
given majority custody, to continue the children's enrollment in their current schools for the
balance of the 2008-2009 school year (which ends on June 5, 2009). Father will then make
arrangements for the children to attend school in Maryland commencing with the 2009-2010
school year.
B. Partial physical custody. Mother shall have periods of partial physical custody as follows:
(1) Alternate weekends from Friday at 6:00 PM until Sunday at 6:00 PM commencing on
C. Transportation of the children for all custody exchanges shall be shared equally by the parties.
The parties shall meet at Exit 10 on Interest 83 to exchange the children for all periods of
custody.
D. Conciliation. A conciliation conference shall be scheduled to establish additional periods of
custody to be determined by the conciliator.
E. Any other equitable relief the Court deems appropriate.
DATE: M LAM Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP
BY: `?? G
David C. Schanbacher, Esquire
Attorney for Plaintiff
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
VERIFICATION
The foregoing Emergency Petition for Contempt and Modification of Custody is based upon information
which has been gathered by me and counsel. The actual language contained in the pleading is that of counsel
and not my own. I have read the Petition for Contempt and Modification of Custody and to the extent that the
document is based upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief.
This statement and verification are made subject to the penalties of Pa.C.S. Section 4904 relating to
unworn falsification to authorities, which provides that if I knowingly make false averments, I may be
subject to criminal penalties.
Date: 5/1/09
PATRICK FELTON
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA
FMCE Case No.: 0514266 (35)(91)
IN RE: THE MARRIAGE OF:
PATRICK FELTON,
Petitioner/Husband,
and
INSTR #41059 95598
OR BK 1865 Pages 228 - 229
RECORDED 04/21/06 07:44:30
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2065
#6,2 Pages
AMY FELTON,
Respondent/Wife. CY,
FINAL JUDGMENT OF DISSOLUTI ON OF MARRIA9r<1
-- c) co
THIS CAUSE came on to be heard'for Final -e=
Hearing, and it appe-*ing
tai the
Court that: this cause is at issue; and the Court having heard testimony, and being
otherwise fully advised in the premises, the Court finds, and it is:
ORDERED AND ADJUDGED as follows:
1. That this Court has jurisdiction of the parties hereto and the subject matter
herein.
2. That the marriage between the Petitioner and the Respondent is irretrievably
broken, and the bonds of matrimony heretofore existing are declared to be dissolved
a vinculo matrimonni between Petitioner/Husband, PATRICK - FELTON, and
Respondent/Wife, AMY FELTON.
3. That the Marital Settlement Agreement entered into between the parties on
EXHIBIT "A" V
April 7, 20062 and Addendum entitled "Parenting Agreement Dealing With Minor
Children Issues" dated March 9, 2006, introduced into evidence as Composite A and
filed simultaneously herewith, were freely entered into by the parties, after full
disclosure, and in its entirety, and the Agreement and Addendum are incorporated by
reference into this Final Judgment and the parties are ordered to comply with it.
4. The Court reserves jurisdiction of the parties and the subject matter solely
to enforce the terms of the Agreement and Addendum, and for such other matters as
may be provided by applicable law.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward
County, Florida, this 0- day of AIPM ,2006.
CIRCUIT COURT GE
Copies furnished:
Karen M. Zarin, Esquire, 1323 S.E. Third Avenue, Fort Lauderdale, FL 33316
Allan M. Glaser, Esquire, 11900 Biscayne Blvd, Suite 807, Miami, FL 33301
STATE OF FLORIDA
BROWARD COUNTY
I DO HEREBY CERTI
and X rect copy of t?
and a ip the office
Florida;
hand
?`•• • • w •yvVA?
within a ing i'a a
Ina ortreoo
Ci of Bfo
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND -° '
FOR BROWARD COUNTY, FLORIDA .6 '
FMCE Case No.: 05-14266 (35)(91) °.
IN RE: THE MARRIAGE OF:
PATRICK FELTON,
Petitioner/Husband,
and
AMY FELTON,
Respondent/Wife.
MEDIATED MARITAL SETTLEMENT AGREEN 0-'T
THIS AGREEMENT, made and entered into this 17 `h day:-6f Aptil,
2006, by and between AMY FELTON, hereinafter referred to as the Wife, and
PATRICK FELTON, hereinafter referred to as the Husband.
WITNESETM
WHEREAS, the parties are Husband and Wife and were married to each
other on October 31, 2000, in the State of Florida ; and
REAS, there have been two (2) children born of this marriage, to-wit:
TABITHA k-W FELTON, born April 23, 2001; and GRACIE ELIZABETH
FELTON, born August 27, 2003; no further children are contemplated; and.
WHEREAS, the parties desire to settle all of their respective rights and
obligations by this Agreement, as it is their intention to live separate and apart
from each other for the rest of their lives; and
WHEREAS, the parties desire to enter into an Agreement for the purpose of
confirming their separation and making arrangements therefor, including the
settlement of their property rights, the custody rights of their children, shared
parental responsibility, the support and maintenance of the family, and other rights
and obligations growing out of the marriage relationship.
NOW, THEREFORE, in consideration of the mutual promises and
agreements herein contained, the said parties have agreed and do hereby agree and
covenant as follows:
1. SEPARATION: It shall be lawful for each party at all times
hereafter to live separate and apart from each other at such place or places as he or
15
g130 f
she may from time to time choose or deem fit. Each parry shall be free from
interference, authority and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither parry shall molest the other, compel or
endeavor to compel the other to cohabit or dwell with him or her. Neither party
shall in any way interfere with the other party's private affairs, relationships with
significant others, or social relationships in any manner whatsoever. This
prohibition shall'apply to the parties and their respective friends, co-workers and
associates. Neither party shall in any way defame or disparage the other's character
or the character of the other party's co-workers, associates or subsequent spouses,
if any.
2. SHARED PARENTAL RESPONSIBILITY/ CUSTODY/
VISITATION: The parties acknowledge that both are good parents and desire to
continue being actively involved in their children's lives. The parties agree that
they can together make decisions in the best interests of their children and can
isolate their prior marital conflicts from their role as parents. Therefore, the parties
shall have shared parental responsibility for the minor children born of the
marriage and shall retain full parental rights and responsibilities with respect to the
minor children, subject to the following terms and conditions:
A. The Wife shall have the primary residential custody and
supervision of the minor children, and shall be entitled to relocate to New
Cumberland, Pennsylvania, on or before July 1, 2006. The visitation and shared
parental responsibility are set forth in the attached Parenting Agreement Dealing
With Minor Children Issues.
B. Both parties shall foster and encourage their children's
relationships with both grandmothers.
3. CHILD SUPPORT: The Husband shall pay the sum of $1,600
per month for basic support, payable at the rate of $800 on the first and $800 on
the fifteen of each month, payable to the Broward County Support Enforcement
Division, P.O. Box 14248, Fort Lauderdale, Florida 33301, along with any
administrative fee, beginning on July 1, 2006. Additionally, the Husband shall
pay directly to the Wife the sum of $500 toward the children's daycare/aftercare
expenses only upon the Wife's obtaining full time employment and not prior to
July 1, 2006; said payment shall end six months thereafter, that is, as of January 1,
2007, and in its place, the Husband shall pay the Wife 50% of the then existing
daycare/aftercare expenses for the children. The Wife shall supply the Husband
with written documentation of the daycare/aftercare expenses. For any summer
month in which the Husband has the children for 3 weeks, the child support and
daycare costs shall be reduced by 50%. Lastly, the Husband shall continue the
children's medical/dental/vision insurance premium through his policy until the
k-
Wife is able to obtain insurance commensurate with the present policy for the
children. The Husband shall then pay the Wife the medical insurance premium for
the two children, up to an amount of $500.00 per month; the Wife shall cover any
additional premium costs. If the Wife is able to obtain less expensive
commensurate health insurance coverage, she shall do so. The parties shall equally
split any co-pays or uncovered medical / dental/ vision expenses. With respect to
the daycare and medical insurance premium, they shall be due to the Wife on the
first of each month; in the event that the Husband is ever more than fifteen (15)
days late in any payment, the payments shall become added to the child support
paid through the SED.
4. INSURANCE: Medical/Life
Once the Wife has obtained medical insurance for the children, she
shall keep the same in full force and effect and shall provide the Husband with a
copy of the policy and any necessary insurance cards.
The Husband shall maintain a term life insurance policy in the amount
of no less than $250,000.00, naming the children as beneficiaries, and he shall
provide the Wife yearly proof of same, within ten (10) days of request.
5. AGREEMENT TO MEDIATE: The parties agree that should
any disputes arise regarding the terms of this Agreement, they shall first attend a
mediation with a Florida certified Family Mediator prior to filing litigation, with
the parties splitting the mediation fees 50/50.
6. EQUITABLE DISTRIBUTION:
A. Personal PropejV: Prior to July 1, 2006, the parties shall
mutually and equally divide their personal household property, and each shall
become the sole owner and possessor of his or her property and each waives all
claims thereto, with the exception of anything contrary set forth below. In the event
of any disagreement, the parties shall submit the matter to Matthew Schaefer for
binding mediation.
B. Vehicles: The Wife shall be entitled to and shall assume full
responsibility for her 2003 Ford Expedition and loan on that vehicle, and once it is
paid off, the Husband shall execute the title over to her. The Wife shall make
timely payments thereon, beginning April 1, 2006, sous not to endanger the
Husband's credit, and she indemnifies the Husband therefor and releases him from
all liability thereon and shall hold him harmless from any and all liability resulting
from the Ford Expedition loan, including any attorney's fees he may incur.
C. Financial Accounts: Each party shall be the sole owner of any
financial accounts in his or her individual names and the other waives all rights
thereto, including but not limited to any checking, savings, retirement, stock, or
any other type of financial account whatsoever. Additionally, the Husband shall be
pmt'
the sole owner of the Pennsylvania State Employee Credit Union account; the Wife
shall have her name removed therefrom within thirty (30) days of the date of the
execution of this Agreement, and shall no longer utilize the account in any fashion
as of the date of the execution of this Agreement.
D.. Husband's Business: The Wife waives any and all claims to the
Husband's sports medicine practice, and the Husband assumes any and all liability
associated therewith.
E. House Proceeds: The Wife shall be entitled to 100% of the net
house proceeds, including all escrowed amounts, with the exceptions set forth
below. Specifically, all expenses of sale, including attorney's fees, real estate
commissions, and other related sale expenses, together with the payment of the
existing first mortgage and the home equity loan shall be paid from the gross
proceeds of the sale of the house. The Wife shall then be entitled to any balance
remaining.
F. Attorneys Fees and Arrears: The Husband shall pay the Wife the
sum of $5,000.00, less credits for $400.00 support previously paid, $200.00 toward
the Wife's February surgery co-pay, and $52.86 for new shoes he bought for the
children, for a total credit of $652.86, with.a resulting balance of $4,347.14 to be
paid on or before April 10, 2006, which sum covers the Husband's contribution for
attorneys fees and the arrears set forth in the Wife's Motion for Contempt, through
March 31, 2006, unless otherwise addressed herein.
G. Children's Stocks/Funds: The stock and mutual fund accounts in
the Husband's name in trust for the children shall remain the children's property,
and the account title shall become jointly titled in both the Husband's and the
Wife's names, in trust for the children, within thirty (30) days of the execution of
this Agreement.
H. Real Property:
1) The parties jointly owned the marital residence located at
911 Nandina Drive, Weston, Florida 33327. The parties shall immediately list the
home with a mutually agreeable realtor at a mutually agreeable price, and both
shall cooperate in all fashion to diligently sell the home at a reasonable fair market
value. If the home is not sold by June 30, 2006, the Husband shall continue to pay
the mortgages (first mortgage and a home equity line) as he has been paying, and
the Husband shall be entitled to a credit for one half of the mortgage amount from
the net proceeds for any months he pays the mortgage beyond June 30, 2006;
however, in the event that the house is still unsold by August 1, 2006, if the
Husband moves into the home, he shall no longer be entitled to a one-half credit
from the proceeds. Other than the above, the Wife shall be entitled to 100% of the
net proceeds from the home sale, including all escrowed amounts.
r?
7. DEBTS: The parties acknowledge and agree that there are no
joint marital debts between them. The Wife shall assume full responsibility and
liability for all credit card debts in her name, as well as the balance for the GE
Carecredit obligation; however, pursuant to the prior court order, the Husband shall
continue making all minimum payments on the Wife's debts through June 30,
2006. The Husband shall assume full responsibility and liability for all credit card
debts in his name. Neither party shall incur any further debts in joint names, and
each party shall be solely responsible for any debts in his/her individual names and
herein releases and indemnifies the other therefor.
8. TAXES: The Husband has, for the tax year 2005, filed his
return as head of household, filing separately. He has taken the two children as his
dependents and exemptions, along with the mortgage interest on the home. The
Wife approves of this arrangement and waives any and all rights to any refund that
the Husband may receive as a result of the filing of his 2005 tax return, and he
shall assume full responsibility and liability for any tax deficiency or penalty
associated therewith. For the tax year of 2006 and thereafter, the parties shall file
separately, and each party shall be entitled to one child as a dependency
exemption; once there is only one. child, the parties shall alternate the same, with
the Wife having it in odd years and the Husband having it in even years. For the
tax year of 2006, the Husband shall be entitled to the mortgage interest deduction.
Both parties affirm and acknowledge that they have not relied upon the advice cif
attorneys and that they have been advised to seek professional tax assistance if they
have any questions regarding the same.
9. DEFAULT: In the event that either party to this Agreement
defaults in his or her obligations hereunder, the party in default shall be liable to
the non-defaulting party for all reasonable expenses incurred, including attorney's
fees, in the enforcement of obligations created by this Agreement.
10. ACKNOWLEDGMENT AND RELEASE OF HUSBAND: The
Husband acknowledges that he has been advised of the contents of this Agreement
and has been represented by Allan M. Glaser, Esquire. The Husband further
acknowledges that the Wife has disclosed to him the amount and nature of her
assets and liabilities and has represented to him the amount of her present income,
all of which representations the Husband has relied upon. The Husband further
agrees and does hereby release, discharge and exonerate the Wife from any and all
claims for dower, special equity, division of property, inheritance, descent and
distribution, and/or preference as personal representative, except as herein
provided.
Subject to the provisions of this Agreement, the Husband releases and
discharges and does by this Agreement for himself and his heirs, legal
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representatives, executors and assigns, release the Wife of and from all causes of
action, claims, rights or demands whatsoever in law or equity, which he ever had
or now has against the Wife, except any and all cause or causes of action for
divorce. The Husband has provided a Financial Affidavit in this cause which he
represents is true and accurate and the Wife and relies thereon.
11. ACKNOWLEDGMENT AND RELEASE OF WIFE: The
Wife acknowledges that she has been advised of the content of this Agreement and
she has been represented by Karen M. Zann, Esquire. The Wife further
acknowledges that the Husband has disclosed to her the amount and nature of his
assets and liabilities and has represented to her the amount of his present income,
all of which representations the Wife has relied upon. The Wife further agrees and
does hereby release, discharge and exonerate the Husband from any and all claims
for dower, special equity, division of property, inheritance, descent and
distribution, and/or preference as personal representative, except as herein
provided.
Subject to the provisions of this Agreement, the Wife releases and
discharges and does by this Agreement for. herself and her heirs, legal
representatives, executors and assigns, release the Husband of and from all causes
of action, claims, rights or demands whatsoever in law or equity, which she ever
had or now has against the Husband, except any and all cause or causes of action
for divorce. The Wife has provided a Financial Affidavit in this cause which she
represents is true and accurate and the Husband relies thereon.
12. INDEMNITY OF HUSBAND: The Husband warrants that
except as otherwise herein specifically provided:
A. He will not at any time hereafter contract any debt, charge or
liability whatsoever for which the Wife, her legal representatives, heirs, assigns,
property or estate shall or may become liable.
B. He will save the Wife harmless against any debt, charge or liability
hereafter contracted by him.
13. INDEMNITY OF WIFE: The Wife warrants that except as
otherwise herein specifically provided:
A. She will not at any time hereafter contract any debt, charge or
liability whatsoever for which the Husband, his legal representatives, heirs,
assigns, property or estate shall or may become liable.
B. She will save the Husband harmless against any debt, charge or
liability hereafter contracted by her.
14. REPRESENTATIONS: The parties represent to each other:
A. Each party has had an opportunity to obtain independent legal
advice of his or her own selection in the negotiation of this Agreement; if the same
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has not been obtained, the party not obtaining the same shall have waived his or
her rights thereto. Each party understands the facts and has been fully informed as
to his or her legal rights and obligations, or has waived the same, and each has
signed this Agreement freely and voluntarily, intending to be bound by it.
B. Each has made a full disclosure to the other of his or her current
financial condition.
C. Each understands and agrees that this Agreement constitutes the
entire contract of the parties. It supersedes any prior understandings or agreements
between the parties upon the subject covered in this Agreement. There are no
representations, warranties, covenants or undertakings other than those expressly
set forth herein.
15. ATTORNEY'S FEES AND COSTS: Each party shall be
responsible for his or her attorney's fees and costs.
16. FUTURE DOCUMENTS:
A. Additional Documents: All parties shall at anytime and from
time to time hereafter take any and all steps and execute and deliver any and all
further instruments that a party may reasonably require for the purpose of giving
full force and effect to any of the provisions of this Agreement.
B. Estate Representation: All of the parties hereto covenant and agree
that at the request of any other party, or in the event of his or her death at the
request of his or her personal representative, administrator, or other legal
representatives, he or she shall execute and deliver any and all necessary proper
instruments to carry out the purposes and intent of this Agreement.
C. Failure to Execute: In the event that either party shall fail, refuse or
unreasonably delay executing or delivering any necessary or needed documents to
carry out the purposes and intent of this Agreement, then the person failing to
execute and deliver said documents shall be liable for any reasonably attorney's
fees and costs incurred from said individual's failure and/or refusal to timely
execute those documents.
D. Self-Execution: In the event that either party shall fail to timely
execute appropriate documents, then this Agreement shall operate as an execution
of those documents that should have been executed by any and all parties.
However, the party who fails to timely execute those documents shall still be liable
for any reasonably attorney's fees and costs resulting from the failure and/or refusal
to timely execute those documents. The parties agree that the provisions of this
paragraph shall not be construed as abrogating in any way the provisions made in
the preceding paragraphs of this Agreement which require the actual execution of
certain documents, nor shall it be construed as the execution of a note or any other
assumption of indebtedness.
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10
17. ENTIRE AGREEMENT: This Agreement, from the time it
shall take effect, shall supersede any and all prior Agreements whether claimed to
be oral or in writing. The parties have incorporated in this Agreement their entire
understanding.. No oral statement or prior written matter extrinsic to this
Agreement shall have any force or effect.
18. AGREEMENT NOT MERGED: It is understood and
agreed that this Agreement will be offered into evidence by either party in any
dissolution action, and if acceptable to the Court, shall be incorporated by
reference in the final judgment of dissolution of marriage. However,
notwithstanding incorporation in the judgment, this Agreement shall not be merged
in it, but shall survive the judgment and be binding on the parties for all time.
19. EFFECTIVE DATE OF THIS AGREEMENT: The effective
date of this Agreement shall be the date upon which the last party hereto executes
the same. This Agreement shall not be introduced into evidence in any court
proceedings whatsoever unless executed by all parties to the Agreement.
20. ENFORCEMENT OF AGREEMENT: The parties
specifically agree that all.terms and provisions of this Agreement shall be
enforceable by by the Circuit Court of Broward County, Florida.
21. OTHER PROVISIONS: Except as otherwise provided in this
Agreement:
A. Each party releases the other from all claims, demands, debts,
rights or causes of action up to the date of this Agreement, and except for any
claim which may be found within this Agreement.
B. Each party hereby irrevocably releases and relinquishes all
claims, rights and interests which that party may now have or may hereafter
acquire in any property, real, personal, or mixed, of the other party, whenever and
however such property may have been or may be acquired by the said other party,
and each party represents that all of said property, real, personal, or mixed, owned
by either of the parties at the time of their marriage or subsequently acquired,
separately or together, and owned by the parties or either of them at the time of
their separation, has heretofore been equitably divided and apportioned between
them and each party hereby ratifies and affirms that division.
C. Each party hereby irrevocably waives and releases the other
party from any and all claims that he or she may now have or may hereafter
acquire for alimony, support or maintenance, except for what is provided by the
terms of this Agreement.
D. Each party waives, releases, and relinquishes all rights that he
or she may have or may hereafter acquire as the other parry's spouse under the
present or future laws of any jurisdiction:
10
.J ?
(1) To elect to take against any Will or Codicil of the other
party now in force. This shall not apply to any Wills or Codicils executed after the
date of this Agreement;
(2) To share in the other party's estate and to exercise any
right of dower or curtsey he or she may now have or hereafter acquire in the other
party's estate;
(3) To act as administrator or executor of the other party's
estate except only as provided by Will or Codicil executed after the date of this
Agreement.
22. ALIMONY: As and for support, the Husband shall pay the Wife
the sum of $42,000.00, which shall be paid in monthly installments of $1,000.00
per month, beginning July 1, 2006, until paid in full. Said sum shall be neither
deductible nor taxable to either party, and said amount shall be non-modifiable in
term, amount, or duration for any reason whatsoever. Further, the Wife agrees that
the obligation shall not be enforceable by contempt. Otherwise, neither the
Husband nor the Wife will receive alimony from the other, and each hereby
permanently waives any right to receive alimony from the other, whether
temporary, permanent, periodic, rehabilitative, or lump sum, other than what is set
forth above, now or in the f nture.
23. WARRANTY OF THE PARTIES: The parties acknowledge
that the provisions of this Agreement are by them deemed to be fair, adequate, and
satisfactory as to each of them. The parties jointly represent that this Agreement
represents a full disclosure and a complete resolution of all matters in dispute, and
that neither party has made any representations, promises, or warranties to the
other except as set forth in this Agreement.
24. SEVERABILITY: In case any provision of this Agreement
shall be held invalid or be found to be contrary to or in violation of the laws of any
county, state or other jurisdiction, such invalidity or illegality shall not affect, in
any way, any other provision hereof, and all such other provisions shall continue
nevertheless in full force and effect.
25. INCORPORATION OF PREAMBLE CLAUSES: The parties
hereto hereby agree that all of the preamble clauses herein above set forth in this
Agreement are hereby incorporated by reference into, and are to be considered as
part of this Agreement and all of the parties are entering into same with the full
knowledge of the foregoing facts and agree as to the truth and correctness thereof.
26. LAW AND VENUE: This Agreement is and shall be deemed to
be a Florida agreement and shall be governed and construed in all respects by and
in accordance with the laws of the State of Florida.
i 14
27. MODIFICATION AND WAIVER: The modification or
waiver of any of the provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement. The failure of
either party to, insist upon 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.
28. DISPOSITION OF DOMESTIC VIOLENCE INJUNCTION:
An Agreed Order on Temporary Injunction for Protection Against Domestic
Violence With Minor Children was entered in Case No. DVCE 05-4712 (59) on
August 10, 2005. The parties have resolved their issues and no longer require the
provisions of the August 10, 2005, Order; however, the Husband shall continue to
comply with Paragraph 10 (financial obligations) until June 30, 2006. The parties
agree that the Court shall enter an order modifying the Domestic Violence Order,
as set forth above, which Order shall specifically allow the return of the firearms to
the Husband.
TON, WIFE PATRI F LTON, HUSBAND
STATE OF FLORIDA )
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared, AMY
FELTON, who is personally known tome, or who has produced FL y/- - ,y 35-0/ 2 - 73 -,5,--)1- 0
as identification, and who, after being duly sworn by me, deposes and says that she
is the person who executed the foregoing Marital Settlement Agreement and the
facts contained therein are true and correct to the best of her knowledge and belief.
SWORN TO and SUBSCRIBED before me this the 7 day of PRI't-
2006.
Notary blic
My commission expires
'p ?? Notary Public State of Florida
Gloria Lucia Angel
?cr ?o MY Commission DD520799
0?./21/2010
w •
STATE OF FLORIDA )
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared, PATRICK
FELTON, who is personally known to me, or who has produced
as identification; and who, after being duly sworn by me, deposes and says that he
is the person who executed the foregoing Marital Settlement Agreement and the
facts contained therein are true and correct to the best of his knowledge and belief.
SWORN TO and SUBSCRIBED before me this the Y day of '
2006.
Notary Public
My commission expires:
t?RY P ALLAN MASER
?O ?
MY COMOSION # DD 220280
# * EXPIRES: August 31, 2007
J,?AtOF F 010 9xd:u TM9 B*A Notary %r-"M
03/10Y=006 TRI 1114 !AX
PANG,kQMMEN DFALYNG Virl'rH MINO CHILDREN I$SUES
14010/014
THIS AGREEMENT made and entered into this ?_ day of
200j(, by and between PATRICK FELTON, hereinafter called the "Husband and
AMY L. FELTON hereinafter called the "Wifer.
AITNESSETH
WHEREAS, the parties were married to each other on st 1, 2000; and
WHEREAS, thew were two children bom of the marriage, specifically:
TABITHA ANN FELTON born April 23, 2001, and GRACIE ELIZABETH FELTON
born August 27, 2003;
WHEREAS, each of the Patties has had the advice of competent legal counsel
who have represented each of them;
NOW. THEREFORE, in consideration of these premises and other good and
valuable consideration, and of the tnutual promises hereinafter set forth to be performed
by the parties if it's agreed as follows:
I. QDAWU910n• The consideration of this Agreement is the mutual
promises and agreements herein contained.
2. inn The parties have separated and shall continue to live
separate and apart during the remainder of their oatural lives, Each shall be free from
Interference, authority and control, direct and izdirect, by the other as fully as if he or she
were single and untrtarried.
3. Cterpar Sitrrtatntes. This agreement may be signed in one or
more counterparts each of which, whav executed with the same formality and in the wane
manner as the original, shall constitute an original.
d• r i La This Agreement shall be construed and governed in
accordance with the law of the State of Florida.
9.1 Underatattdiul& 'Chia Agreement contains the entire
understanding of the parties. There are no represettmations, promises. or undertakings
other than those expressly set forth herein.
6. waimnf strict Ecdfgm nee. The failure of either party to Insist
upon strict performance of any of the provisions of Nsr Agreement shell not be construed
as a waiver of any kind and if either of the parties shall fail to insist upon strict
performance of any of the terms, conditiorw or premises herein contained it shall not be
AWw U. auMk 9 r.., osos+nt etwv" - suet sei,,+.ee amurut eeuur o, rWr, aaew 08,04, TFAI?,OMt ") MS-0e
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rai6ck M. Pet ton -, Amy L. Ikon I
Caw No. FMCS 05.14266 (A 191)
FAMAdas A TO A W / Put 2
deemed a waiver of any subsequent breach or default or the terms, conditions or promises
herein.contained.
7. tt >e ti n. The article headings of this Agreement are for the
convenience of the reference only and shall not affect the interpretabon of any provision
hereof.
f3. 1Cnowledgg of Counts and Represensatiorta:
A. The Wife ho had independent legal advice by counsel of her own
selection in the preparation of this Agreement specifically,
KAREN ZANN, ESQ. The Husband hu had independent legal
adviee by counsel of his own selection in the preparation of this
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Agreement, specifically, himself.
B. Each party fully understands the facts, and each is signing this
Agreement freely and voluntarily, intending to be bound by it.
9. Authors hi . In Ow event that it becomes necessary for any reason to
construe this Agreement as permitted by the Rules of Evidence of the State of Florida,
this Agreement will be construed as being jointly prepared and written by all parties
hereto
10. Fartlal__ InYalditr. If MY provision of this Agreement is held to be
invalid or umnforccable, all of the other provisions shall nevertheless continue in full
fomo and effect.
11, parental Res ibilitXof Minor Child:
A. The patties shall have shared parental responsibility of the mirror
children. Each recogaiates the deep love, devodw. and dedication
of the other to the children Each recognizes that the other has the
tight to, and shall fully participate with the other and with the
children, in all•ltnpormnt matters pertaining to the children's
health, welfare, education and upbringing. The Wife shall be
deemed the primary residential parent of said children. The
Husband shall have liberal and frequent contact and accts with his
children. The minimum contact and serest to which the Husband
shall be entitled is:
MAAM 11. 0 well. P.A. 41WAVWN Mari- sari see, 18. W=aTW9 e0VURAMO. 00 UL+M. FUMMOA W"41. T"'" M 1; 180410 0400
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Oi 10/2006 PRI "116 FAx -
Patrick M. Felton t. Ana L. Fdwn I
Care No. FMCS QM4W (35) (911
Perming Asrxrnent / Pap 3
i. The Husband shall have alternate weekends with the children
residing with him from Friday at 5:30 p.m. until Sunday at 7:00
p.tn.
I The Husband shall have weekly visitation one night each week
picking the children up, having dinner with them, and returning
them at their bedtime.
iii. The Husband shall have the children reside with him followine
one wee tit the sdw term ends •.t.' of a 3
,) Wes- ?Pip, ien`• ?Peunn the' C?i?n:?i?mv"?'vnlrr'?
r't t holiday vacation periodX 'I"?All other holidays Including school
holidays shall be equally divided between die parties.
B. All decisions regarding the health, religious and secular education l l
of the children, their.. travel, welfare, and upbringing shall be made
on a joint deWsion matting basis
C. Each party shall notify the other promptly of any serious illness or
accident befalling any of the minor children.
D. En9mg_ennc t of Love and ffectio : Each party shall Attempt to
ensure that the children maintain unhampered contact with both
parties and each shall not do anything that would estrange the
children from the other party or that would impair the natural
development of the children's love and respect for either party.
Both patties shall exercise in the utmost of good faith, his or her
beta efforts at all times to encourage and foster the maximum
relations of love and affection between the Children and their
mother and father. Neither shall in any way impede, obstruct, nor
imerfare with the exercise by the other of his or her right of
companionship with the Children, and neither of them at any time
shall in any manner disparage nor criticize the other parent, nor
allow others To do so in the pressonce of the children.
E. Both parties shall be entitled to participate with and attend special (?t
activities in which the children are engaged, such as religious
activities, school prograrm. spocts events and other extracurricular
activities, programs, and important social evem in which the / J
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+03)10'/2006 FRI 11, Is FAX
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P.trick M. Fstmn v, &my L. Felten
C^e No. FMCS 05-tom" (91)
ruw was lgteemcet P.aa 4
children are in or in which they may be engaged or involved. Each
patent shall be entitled to receive all school records of the children
and notice of any school evtnm
F. Both parties shall participate in all major decisions affecting the
child.
G. Emertency De-dlW03-Uniltterally pt cmiued: It is understood
that some decisions must be made on an emergency-type basil, and
in such event each of these paWes grants the other the right to
make such decisions and each to obligate the other under those
circumstances; m the event of a ma medical or other emergency on
behalf of the children. In the event of any such emergency, the
next duty of the parent with whom the child or children are at the
time of the emergency shall have the obligation to imtriediately
inform the other parent as soon as practicable after the occurrence.
H. Oven Telephonic QMrnunica on. When the Children are with
the other pacept, the parw%t with whom the Childrul are not shall
hive open and reasonable right of telephonic communications with
the Children at all times.
L Notification aid Accasa in the Event of Ilbvss or AeciOrnt. Ea&
of the parries agree that If tither of them has any knowledge of any
illness or accident or other circumstances seriously affecting the
Children's beach and general welfare, either husband or Wife, as
dtu case may be, will promptly notify the odor of such
circumstances, and the party who is notit od shill have immediate
acceaa to the ChUten, notwithstanding whale said Child may be.
Wherever the Children am, each of the parties shall be informed of
where they can leave telephonic communications with the Children
and shall have tight to such communication.
J. Entitlements Complete IdfMation. Each party shall be entitled to
complete and detallad information from all pediatricians,
pbrieians, consultants, or specialist attending the Children for any
reason whatsoever and to be furnished with copies of any rrports
given to Otto or the other parent. Each shall be entitled to complete
MiJM?
ADAM ¦. CLAJOC PA.. 119OMM4 MW7U%- kXM WT. 01001t10AVWE OOULMVAMM. nO MAMP. ROM1A 314%1. T'RLW-MOMC (l011
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Forlek M. Fci?oo %,. Amy L Fdton
Cue No. FMCS 05-14266 (36) (90
Pwintiq Agree nem / Patio 5
and detailed infolmaatlon from all teachers, school, summer camps
or other Institutions wbere the Children may attend or with which
they may become associated in any way. Each of the parents
should be furnished with copies of all reports given to the other.
K. Informed of Whereabou : Each of the parties shall keep the
other reasonably informed at all times of the whereabouts of the
minor children when they ace with either of the parties or with
others.
L. NgMeg,to be X intai g4. Neither of the parties will in any time or
any rem on cause the minor children to be known, identified, or
designated by arty other last name other than Felton and neither
shall initiate or cause the designation of Father or Mother or their
equivalent to be used by the minor children with reference to any
person other clear/ the parties hereto.
12. CQQvenant lam2uc__ . Agment in Mddsoce Each of the parties
hereto agrees that he or she either as Petitioner or Respondent sbal) offer in evidence this
Agreement in any action for legal ,separation or dissolution of marriage of the parties
hereto, and consents and agrees that the Court having jurisdiction of such action shall and
by these presents does have the authority sand power to incorporate in any decree of
judgment entered in such cause, the provisions of this Agreement in their andrety and the
pro'vislons of this Agreernem in their entirety shall be and become pan of any such decree
of judSavot in swh cause.
IN WITNESS WHEREOF, the parties have executed this Parental Agreement and
have hereunto set their hands and seal the day and year first written above,
Witrw"
Bi2 HERCOl11V](TIP
DO O HEREBY C?At?TIFI
and correct copy t
and file 'n the office of
County, ?Ftoo.
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EXHIBIT "B"
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5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICK FELTON,
PETITIONER
NO. 09-2066 Civil Term
CIVIL ACTION - LAW
CUSTODY
V.
AMY COX- FELTON,
RESPONDENT
CERTIFICATE OF SERVICE
I hereby certify that I have on this date served the Emergency Petition for Contempt and Modification
of Custody on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P.
440.
Service by certified mail, return receipt, restricted delivery, addressed as follows:
Amy Cox-Felton, Pro se
1102 Market Street
Unit 7
New Cumberland, Pennsylvania 17070
DATE:
BY:
David C. Schanbacher, Esquire
Attorney for Plaintiff
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
,r
SLED-OF RICE
OF THE PRTIHONOTARY
2009 MAY -6 Pik 1: 4 7
J?UNTY
q7o. cut? ?r-(- lll?
CK- t S'3Y2-,
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PATRICK FELTON IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 2009-2066 CIVIL ACTION LAW
AMY COX-FELTON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, May 08, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, June 04, 2009 at 3:30 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/ Dawn S. Sunday, Esq. OF
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
Ol THI THr) QTAP
2009 MAY -8 PM 12: 15
Um.
t'. :itll
5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
RESPONDENT
PATRICK FELTON,
V.
AMY COX- FELTON,
PETITIONER
NO. 09-2066 Civil Term
CIVIL ACTION - LAW
CUSTODY
EMERGENCY PETITION ,'N?.y, FOR CONTEMPT AND MODIFICATION OF CUSTODY
AND NOW, to wit, this `t ' day of rn ( {- , 2009, comes Petitioner, Patrick
Felton, by and through his counsel Hoffineyer and Semmelman, LLP, and David C. Schanbacher, Esquire, and
files this Emergency Petition for Contempt and Modification of Custody and states as follows:
1.
Petitioner, Patrick Felton, (hereinafter referred to as "Father"), is an adult individual who presently
resides at 13 Glenamoy Road, Unit 102, Timonium, Baltimore County, Maryland 21093.
2.
Respondent, Amy Cox-Felton, (hereinafter referred to as "Mother"), is an adult individual who
presently resides at 1102 Market Street, Unit 7, New Cumberland, Cumberland County, Pennsylvania 17070.
3.
The parties were married on October 31, 2000 and subsequently divorced in 2006 in the State of
Florida. There were two children born of the marriage, namely Tabitha A. Felton, date of birth, April 23, 2001
(age 8); and Gracie E. Felton, date of birth August 27, 2003 (age 5).
s
5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
4.
The parties entered into a Comprehensive Mediated Settlement Agreement dated April 7, 2006, which
was adopted as an Order of Court in the State of Florida, in the Circuit Court of the 17th Judicial Circuit, in and
for Broward County, Florida, Docket No. 0514266 (35) (91). A copy of the Agreement is attached as Exhibit
"A" and incorporated by reference herein.
5.
As part of that Agreement, the parties stipulated to certain custody rights which were attached to
Exhibit "A" as Parenting Agreement Dealing with Minor Children Issues signed on March 9, 2006.
6.
The parties' agreement was registered in Cumberland County, Pennsylvania to the above-referenced
docket number on April 2, 2009 since neither party nor the children reside in Florida, and Mother and the
children now reside in Cumberland County, Pennsylvania.
7.
Pursuant to their Agreement, the parties share legal custody with Mother having primary physical
custody of the children. Father is to have alternate weekends plus weekly visitation one night each week as well
as vacations during the summertime. They also share custody on every other holiday, including school and
religious holidays. The Christmas vacation is divided so that the custodial parent has the children for the first
five days (including Christmas Day) in odd numbered years while the non-custodial parent has the children for
the balance of the Christmas break. In even numbered years, the non-custodial parent has the children for the
entire holiday period.
COUNT I - CONTEMPT
8.
Mother is in willful and intentional violation of the Order for the following reasons:
A. Health and Welfare of Children. The parties are responsible under shared legal custody, to
discuss with each other issues regarding the children's health, welfare, education and upbringing.
Further, all decisions regarding these issues are to be made on a joint decision making basis. The
parties have a responsibility of maintaining a safe and healthy environment for the children.
2
a ,
5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
On or about April 23, 2009, Father and his current wife stopped by Mother's residence on
their way to a school function and took photographs through a window of Mother's home,
which are marked Exhibit "B", attached hereto and incorporated by reference herein.
Father is deeply concerned about the unsanitary conditions in which the children are living
at Mother's home, which Mother has not disclosed to Father or attempted to rectify. Father
has photographs of the same conditions which existed during the time of the parties'
separation and divorce in Florida, which caused Father concern at that time as well.
Additionally, Father learned from the older child that at her last visit to the pediatrician the
doctor was not happy with Mother or the child because the child has gained 18 pounds in
the past year and is considered obese by use of the Body Mass Index (BMI) scale. Mother
is not practicing proper nutrition with the children.
B. The parties are to notify the other parent promptly in the event of a serious illness or
accident involving the children. Mother failed to notify Father of an ankle injury
sustained by the oldest child in October of 2006 until eight weeks after the injury and the
child was not properly treated, causing problems with the ankle to this day. The child also
broke a secondary/permanent tooth in an accident at school and again Father was not
notified.
C. Alternate Weekends. Father has been frustrated in his attempts to spend the alternate
weekends with his children. On no less than two occasions in January 2009, those dates
being January 16`x' and January 23`d, Father arrived at the residence of Mother to pick up
the children for his period of custody. However, Father was refused his request and did not
see his children until January 30, 2009. During calendar year 2008, Father was only
permitted visitation on February 15-17, March 14-16, April 18-19, summer vacation from
July 5-Augsut 3, and on December 24, 2008-Janaury 2, 2009. Father made regular and
continuous attempts to communicate with Mother via phone calls to the land line located
at 1102 Market Street, Unit 7, New Cumberland, Pennsylvania 17070 and to the mobile
phone that belongs to Mother, a-mails to Mother and even letters sent via U.S. Mail,
certified, return receipt requested. Father began these communications in November 2007,
immediately upon being offered and accepting a position in Maryland. Mother has not
replied to most of the communication.
D. School Holidays. The children had school holidays on President's Day 2009 and Holy
Thursday 2009, but Father was not permitted to alternate these holidays with Mother.
Further, during the 2008 calendar year, Mother only permitted Father to exercise custody
of the children on one holiday, rather than alternating them throughout the year.
Additionally, on Holy Thursday, Mother insisted Father return the children to her by 1:00
PM on Easter Sunday because "since I'm letting you have them a day early for their
weekend visitation, I want them back early on Easter". Father should have had the entire
Easter holiday weekend until 7:00 PM on Easter Sunday.
E. Counseling. Pursuant to the Agreement of the parties, specifically paragraphs 11 a and b,
all decisions regarding the health, religion and secular education of the children, their
travel, welfare and upbringing shall be made on a joint decision making basis. On or about
January 15, 2009, Mother unilaterally decided to take the oldest child to a therapist without
any input from Father. Father was subsequently asked to be part of a counseling session on
Friday, January 16, 2009. The therapist divulged to Father that Mother criticized Father for
different parenting styles. However, Father contacted the therapist and Mother in writing
to advise that Mother was in violation of the Agreement since he was not consulted as to
permission of the child to engage in therapy and that the counseling shall be terminated
3
c
5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
immediately or Father would file a Contempt of Court charge. Father ascertained that the
scheduled counseling session on January 22, 2009, did not take place and that his request
to cancel that session had been fulfilled.
F. Decisions regarding health, religious and secular education and being provided
school records and notice of school events. Pursuant to Paragraphs 11.B and E, Mother
had Father's name removed from the teacher's mailing list for information regarding Holy
Communion and an event in May 2009 surrounding this. Mother is also not providing the
parental support needed for Tabitha to excel in school. In spite of the teacher's assessment
that Tabitha is a bright child, her homework is not being completed or turned in on a
timely basis. Mother is also not reviewing and signing the paperwork regarding the
completion of homework assignments as provided by the teacher. Father has a-mails to
and from the teacher regarding the teacher's concerns that Tabitha is not receiving the
motivation, support and monitoring at home with regards to academic responsibilities.
G. Periods of custody and encouragement of love and affection. Mother is continually
attempting to thwart Father's periods of custody and interfere in his relationship with the
children by scheduling events and activities for the children during Father's periods of
custody without his consent. Both children have also approached Father with concerns,
issues and displeasure that Mother regularly criticizes Father and has done so in front of
other family members and friends. Further, on July 5, 2008 during the custody exchange,
Mother's paramour was present and confronted Father in a threatening manner. Father
attempted to ignore this individual, but the paramour continued to accost Father in front of
the children. Father registered a complaint with the New Cumberland Police Department
and a written report is on file.
H. Open telephonic and communication pursuant to paragraph 11.11. of the Order, the
parties are to permit open telephone communication when the children are with the
other parent. Further, the parties are to make decisions jointly and to discuss issues.
Father has repeatedly left messages for Mother on her land line, but Mother refuses to
return his calls claiming the phone is in her mother's and at her mother's house. However,
Mother is apparently receiving the voicemails based upon comments she is making to
Father. And the children are upset because Mother is not informing them that Father called
and left a message. Father has acquiesced to Mother's request and left messages on both
the land line and cellular phone and still receives no replies.
1. Pursuant to paragraph's 11.E and 11.J, both parents are to receive copies of any
reports given by the school, including school records and notification of special
events. Father did not receive copies of any progress reports for the older child for
kindergarten or first grade until he personally wrote the school and provided them with a
copy of the Custody Order. Mother is not providing Father with this information. The
younger child is now in kindergarten and Father has not received any reports from Mother
regarding the child's progress.
WHEREFORE, Father respectfully requests that this Honorable Court grant the following relief
A. Mother is found in Contempt and directed to abide by all the provisions of the Parenting
Agreement which has been registered as an Order in Cumberland County, Pennsylvania.
B. Father is permitted makeup time for those weekends when he has not had custody of his children
per the schedule in the Mediated Agreement and Order.
4
{
5/4/200910:18:39 AM=nn--Felton Pet for Contempt.doc=R2
C. Mother shall pay Father counsel fees in the sum of $2,000.00 for the preparation of this petition
together with additional fees and costs if this matter proceeds to a hearing.
D. Any other equitable relief the Court deems appropriate.
COUNT II -MODIFICATION
9.
Paragraphs 1 through 8 are hereby incorporated by reference as if set forth at length.
10.
Mother, as evidenced by the photographs in Exhibit "B," as well as the allegations in Count I, is not
providing a safe, healthy environment for the children and is not considering what is best for them, including
fostering a relationship between the Father and the children.
11.
The best interest and permanent welfare of the children will be served by modifying the current order as
follows:
A. Majority physical custody. Father shall have majority physical custody subject to Mother's
rights of partial physical custody, commencing immediately. However, Father is willing, if
given majority custody, to continue the children's enrollment in their current schools for the
balance of the 2008-2009 school year (which ends on June 5, 2009). Father will then make
arrangements for the children to attend school in Maryland commencing with the 2009-2010
school year.
B. Partial physical custody. Mother shall have periods of partial physical custody as follows:
(1) Alternate weekends from Friday at 6:00 PM until Sunday at 6:00 PM commencing on
C. Transportation of the children for all custody exchanges shall be shared equally by the parties.
The parties shall meet at Exit 10 on Interest 83 to exchange the children for all periods of
custody.
D. Conciliation. A conciliation conference shall be scheduled to establish additional periods of
custody to be determined by the conciliator.
12.
Each parent whose parental rights to the children have not been terminated, and any person who has
physical custody of the children has been named parties to this action.
5
5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
WHEREFORE, Father respectfully requests this Honorable Court grant the following relief:
A. Majority physical custody. Father shall have majority physical custody subject to Mother's
rights of partial physical custody, commencing immediately. However, Father is willing, if
given majority custody, to continue the children's enrollment in their current schools for the
balance of the 2008-2009 school year (which ends on June 5, 2009). Father will then make
arrangements for the children to attend school in Maryland commencing with the 2009-2010
school year.
B. Partial physical custody. Mother shall have periods of partial physical custody as follows:
(1) Alternate weekends from Friday at 6:00 PM until Sunday at 6:00 PM commencing on
C. Transportation of the children for all custody exchanges shall be shared equally by the parties.
The parties shall meet at Exit 10 on Interest 83 to exchange the children for all periods of
custody.
D. Conciliation. A conciliation conference shall be scheduled to establish additional periods of
custody to be determined by the conciliator.
E. Any other equitable relief the Court deems appropriate.
DATE: m Gt?l ?? o?? ?l Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP
BY: - f
David C. Schanbacher, Esquire
Attorney for Plaintiff
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
6
VERIFICATION
The foregoing Emergency Petition for Contempt and Modification of Custody is based upon information
which has been gathered by me and counsel. The actual language contained in the pleading is that of counsel
and not my own. I have read the Petition for Contempt and Modification of Custody and to the extent that the
document is based upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief.
This statement and verification are made subject to the penalties of Pa.C.S. Section 4904 relating to
unworn falsification to authorities, which provides that if I knowingly make false averments, I may be
subject to criminal penalties.
Date: 5/1/09 /0;r-
PATRICK FELTON
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND INSTR # 105995598
OR BK 41865 Pages 228 - 229
FOR BROWARD COUNTY, FLORIDA RECORDED 04/21/06 07:44:30
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2065
FMCE Case No.: 0514266 (35)(91) #6, 2 Pages
IN RE: THE MARRIAGE OF:
PATRICK FELTON,
Petitioner/Husband,
and
AMY FELTON
,
Respondent/Wife.
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FINAL JUDGMENT OF DISSOLUTION OF MARRIA 9
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THIS CAUSE came on to be heard'for Final Hearing, and it appearin g to the
Court that. this cause is at issue; and the Court having heard testimony, and being
otherwise fully advised in the premises, the Court finds, and it is:
ORDERED AND ADJUDGED as follows:
1. That this Court has jurisdiction of the parties hereto and the subject matter
herein.
2. That the marriage between the Petitioner and the Respondent is irretrievably
broken, and the bonds of matrimony heretofore existing are declared to be dissolved
a vinculo matrimonni between Petitioner/Husband, PATRICK - FELTON, and
Respondent/Wife, AMY FELTON.
3. That the Marital Settlement Agreement entered into between the parties on
EXHIBIT "A" `-/
April 7, 2006, and Addendum entitled "Parenting Agreement Dealing With Minor
Children Issues" dated March 9, 2006, introduced into evidence as Composite A and
filed simultaneously herewith, were freely entered into by the parties, after full
disclosure, and in its entirety, and the Agreement and Addendum are incorporated by
reference into this Final Judgment and the parties are ordered to comply with it.
4. The Court reserves jurisdiction of the parties and the subject matter solely
to enforce the terms of the Agreement and Addendum, and for such other matters as
may be provided by applicable law.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward
County, Florida, this 0- day of 22006.
CIRCUIT COURT JTJ15GE
Copies furnished:
Karen M. Zann, Esquire, 1323 S.E. Third Avenue, Fort Lauderdale, FL 33316
Allan M. Glaser, Esquire, 11900 Biscayne Blvd, Suite 807, Miami, FL 33301
STATE OF FLORIDA
BROWARD COUNTY
I DO HEREBY CERTI
and onect copy of t
and a the office
Coun . orido.
WIT my hand
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within a* ing I'a a
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IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA
FMCE Case No.: 05-14266 (35)(91)
IN RE: THE MARRIAGE OF:
PATRICK FELTON,
Petitioner/ Husband,
and
AMY FELTON,
Respondent/Wife.
MEDIATED MARITAL SETTLEMENT
CiV (1-1 TIC- -
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AGREEMOT"
THIS AGREEMENT, made and entered into this 7 th day=bf Aptil,
2006, by and between AMY FELTON, hereinafter referred to as the Wife, and
PATRICK FELTON, hereinafter referred to as the Husband.
WITNESETM
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WHEREAS, the parties are Husband and Wife and were married to each
other on October 31, 2000, in the State of Florida ; and
REAS, there have been two (2) children born of this marriage, to-wit:
TABITHA FELTON, born April 23, 2001; and GRACIE ELIZABETH
FELTON, born August 27, 2003; no further children are contemplated; and.
WHEREAS, the parties desire to settle all of their respective rights and
obligations by this Agreement, as it is their intention to live separate and apart
from each other for the rest of their lives; and
WHEREAS, the parties desire to enter into an Agreement for the purpose of
confirming their separation and making arrangements therefor, including the
settlement of their property rights, the custody rights of their children, shared
parental responsibility, the support and maintenance of the family, and other rights
and obligations growing out of the marriage relationship.
NOW, THEREFORE, in consideration of the mutual promises and
agreements herein contained, the said parties have agreed and do hereby agree and
covenant as follows:
1. SEPARATION: It shall be lawful for each party at all times
hereafter to live separate and apart from each other at such place or places as he or
s.
she may from time to time choose or deem fit. Each party shall be free from
interference, authority and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither party shall molest the other, compel or
endeavor to compel the other to cohabit or dwell with him or her. Neither party
shall in any way interfere with the other party's private affairs, relationships with
significant others, or social relationships in any manner whatsoever. This
prohibition shall apply to the parties and their respective friends, co-workers and
associates. Neither party shall in any way defame or disparage the other's character
or the character of the other party's co-workers, associates or subsequent spouses,
if any.
2. SHARED PARENTAL RESPONSIBILITY/ CUSTODY/
VISITATION: The parties acknowledge that both are good parents and desire to
continue being actively involved in their children's lives. The parties agree that
they can together make decisions in the best interests of their children and can
isolate. their prior marital conflicts from their role as parents. Therefore, the parties
shall have shared parental responsibility for the minor children born of the
marriage and shall retain full parental rights and responsibilities with respect to the
minor children, subject to the following terms and conditions:
A. The Wife shall have the primary residential custody and
supervision of the minor children, and shall be entitled to relocate to New
Cumberland, Pennsylvania, on or before July 1, 2006. The visitation and shared
parental responsibility are set forth in the attached Parenting Agreement Dealing
With Minor Children Issues.
B. Both parties shall foster and encourage their children's
relationships with both grandmothers.
3. CHILD SUPPORT: The Husband shall pay the sum of $1,600
per month for basic support, payable at the rate of $800 on the first and $800 on
the fifteen of each month, payable to the Broward County Support Enforcement
Division, P.O. Box 14248, Fort Lauderdale, Florida 33301, along with any
administrative fee, beginning on July 1, 2006. Additionally, the Husband shall
pay directly to the Wife the sum of $500 toward the children's daycare/aftercare
expenses only upon the Wife's obtaining full time employment and not prior to
July 1, 2006; said payment shall end six months thereafter, that is, as of January 1,
2007, and in its place, the Husband shall pay the Wife 50% of the then existing
daycare/aftercare expenses for the children. The Wife shall supply. the Husband
with written documentation of the daycare/aftercare expenses. For any summer
month in which the Husband has the children for 3 weeks, the child support and
daycare costs shall be reduced by 50%. Lastly, the Husband shall continue the
children's medical/dental/vision insurance premium through his policy until the
INV
A
Wife is able to obtain insurance commensurate with the present policy for the
children. The Husband shall then pay the Wife the medical insurance premium for
the two children, up to an amount of $500.00 per month; the Wife shall cover any
additional premium costs. If the Wife is able to obtain less expensive
commensurate health insurance coverage, she shall do so. The parties shall equally
split any co-pays or uncovered medical / dental/ vision expenses. With respect to
the daycare and medical insurance premium, they shall be due to the Wife on the
first of each month; in the event that the Husband is ever more than fifteen (15)
days late in any payment, the payments shall become added to the child support
paid through the SED.
4. INSURANCE: Medical/Life
Once the Wife has obtained medical insurance for the children, she
shall keep the same in full force and effect and shall provide the Husband with a
copy of the policy and any necessary insurance cards.
The Husband shall maintain a term life insurance policy in the amount
of no less than $250,000.00, naming the children as beneficiaries, and he shall
provide the Wife yearly proof of same, within ten (10) days of request.
5. AGREEMENT TO MEDIATE: The parties agree that should
any disputes arise regarding the terms of this Agreement, they shall first attend a
mediation with a Florida certified Family Mediator prior to filing litigation, with
the parties splitting the mediation fees 50150.
6. EQUITABLE DISTRIBUTION:
A. Personal Property: Prior to July 1, 2006, the parties shall
mutually and equally divide their personal household property, and each shall
become the sole owner and possessor of his or her property and each waives all
claims thereto, with the exception of anything contrary set forth below. In the event
of any disagreement, the parties shall submit the matter to Matthew Schaefer for
binding mediation.
B. Vehicles: The Wife shall be entitled to and shall assume full
responsibility for her 2003 Ford Expedition and loan on that vehicle, and once it is
paid off, the Husband shall execute the title over to her. The Wife shall.make
timely payments thereon, beginning April 1, 2006, so as not to endanger the
Husband's credit, and she indemnifies the Husband therefor and releases him from
all liability thereon and shall hold him harmless from any and all liability resulting
from the Ford Expedition loan, including any attorney's fees he may incur.
C. Financial Accounts: Each party shall be the sole owner of any
financial accounts in his or her individual names and the other waives all rights
thereto, including but not limited to any checking, savings, retirement, stock, or
any other type of financial account whatsoever. Additionally, the Husband shall be
?m?
the sole owner of the Pennsylvania State Employee Credit Union account; the Wife
shall have her name removed therefrom within thirty (30) days of the date of the
execution of this Agreement, and shall no longer utilize the account in any fashion
as of the date of the execution of this Agreement.
D.. Husband's Business: The Wife waives any and all claims to the
Husband's sports medicine practice, and the Husband assumes any and all liability
associated therewith.
E. House Proceeds: The Wife shall be entitled to 100% of the net
house proceeds, including all escrowed amounts, with the exceptions set forth
below. Specifically, all expenses of sale, including attorney's fees, real estate
commissions, and other related sale expenses, together with the payment of the
existing first mortgage and the home equity loan shall be paid from the gross
proceeds of the sale of the house. The Wife shall then be entitled to any balance
remaining.
F. Attorneys Fees and Arrears: The Husband shall pay the Wife the
sum of $5,000.00, less credits for $400.00 support previously paid, $200.00 toward
the Wife's February surgery co-pay, and $52.86 for new shoes he bought for the
children, for a total credit of $652.86, with-a resulting balance of $4,347.14 to be
paid on or before April 10, 2006, which sum covers the Husband's contribution for
attorneys fees and the arrears set forth in the Wife's Motion for Contempt, through
March 31, 2006, unless otherwise addressed herein.
G. Children's Stocks/Funds: The stock and mutual fund accounts in
the Husband's name in trust for the children shall remain the children's property,
and the account title shall become jointly titled in both the Husband's and the
Wife's names, in trust for the children, within thirty (30) days of the execution of
this Agreement.
H. Real Property:
1) The parties jointly owned the marital residence located at
911 Nandina Drive, Weston, Florida 33327. The parties shall immediately list the
home with a mutually agreeable realtor at a mutually agreeable price, and both
shall cooperate in all fashion to diligently sell the home at a reasonable fair market
value. If the home is not sold by June 30, 2006, the Husband shall continue to pay
the mortgages (first mortgage and a home equity line) as he has been paying, and
the Husband shall be entitled to a credit for one half of the mortgage amount from
the net proceeds for any months he pays the mortgage beyond June 30, 2006;
however, in the event that the house is still unsold by August 1, 2006, if the
Husband moves into the home, he shall no longer be entitled to a one-half credit
from the proceeds. Other than the above, the Wife shall be entitled to 100% of the
net proceeds from the home sale, including all escrowed amounts.
7. DEBTS: The parties acknowledge and agree that there are no
joint marital debts between them. The Wife shall assume full responsibility and
liability for all credit card debts in her name, as well as the balance for the GE
Carecredit obligation; however, pursuant to the prior court order, the Husband shall
continue making all minimum payments on the Wife's debts through June 30,
2006. The Husband shall assume full responsibility and liability for all credit card
debts in his name. Neither party shall incur any further debts in joint names, and
each party shall be solely responsible for any debts in his/her individual names and
herein releases and indemnifies the other therefor.
8. TAXES: The Husband has, for the tax year 2005, filed his
return as head of household, filing separately. He has taken the two children as his
dependents and exemptions, along with the mortgage interest on the home. The
Wife approves of this arrangement and waives any and all rights to any refund that
the Husband may receive as a result of the filing of his 2005 tax return, and he
shall assume full responsibility and liability for any tax deficiency or penalty
associated therewith. For the tax year of 2006 and thereafter, the parties shall file
separately, and each parry shall be entitled to one child as a dependency
exemption; once there is only one- child, the parties shall alternate the same, with
the Wife having it in odd years and the Husband having it in even years. For the
tax year of 2006, the Husband shall be entitled to the mortgage interest deduction.
Both parties affirm and acknowledge that they have not relied upon the advice of
attorneys and that they have been advised to seek professional tax assistance if they
have any questions regarding the same.
9. DEFAULT: In the event that either party to this Agreement
defaults in his or her obligations hereunder, the party in default shall be liable to
the non-defaulting party for all reasonable expenses incurred, including attorney's
fees, in the enforcement of obligations created by this Agreement.
10. ACKNOWLEDGMENT AND RELEASE OF HUSBAND: The
Husband acknowledges that he has been advised of the contents of this Agreement
and has been represented by Allan M. Glaser, Esquire. The Husband further
acknowledges that the Wife has disclosed to him the amount and nature of her
assets and liabilities and has represented to him the amount of her present income,
all of which representations the Husband has relied upon. The Husband further
agrees and does hereby release, discharge and exonerate the Wife from any and all
claims for dower, special equity, division of property, inheritance, descent and
distribution, and/or preference as personal representative, except as herein
provided.
Subject to the provisions of this Agreement, the Husband releases and
discharges and does by this Agreement for himself and his heirs, legal
M
representatives, executors and assigns, release the Wife of and from all causes of
action, claims, rights or demands whatsoever in law or equity, which he ever had
or now has against the Wife, except any and all cause or causes of action for
divorce. The Husband has provided a Financial Affidavit in this cause which he
represents is true and accurate and the Wife and relies thereon.
11. ACKNOWLEDGMENT AND RELEASE OF WIFE: The
Wife acknowledges that she has been advised of the content of this Agreement and
she has been represented by Karen M. Zann, Esquire. The Wife further
acknowledges that the Husband has disclosed to her the amount and nature of his
assets and liabilities and has represented to her the amount of his present income,
all of which representations the Wife has relied upon. The Wife further agrees and
does hereby release, discharge and exonerate the Husband from any and all claims
for dower, special equity, division of property, inheritance, descent and
distribution, and/or preference as personal representative, except as herein
provided.
Subject to the provisions of this Agreement, the Wife releases and
discharges and does by this Agreement for.. herself and her heirs, legal
representatives, executors and assigns, release the Husband of and from all causes
of action, claims, rights or demands whatsoever in law or equity, which she ever
had or now has against the Husband, except any and all cause or causes of action
for divorce. The Wife has provided a Financial Affidavit in this cause which she
represents is true and accurate and the Husband relies thereon.
12. INDEMNITY OF HUSBAND: The Husband warrants that
except as otherwise herein specifically provided:
A. He will not at any time hereafter contract any debt, charge or
liability whatsoever for which the Wife, her legal representatives, heirs, assigns,
property or estate shall or may become liable.
B. He will save the Wife harmless against any debt, charge or liability
hereafter contracted by him.
13. INDEMNITY OF WIFE: The Wife warrants that except as
otherwise herein specifically provided:
A. She will not at any time hereafter contract any debt, charge or
liability whatsoever for which the Husband, his legal representatives, heirs,
assigns, property or estate shall or may become liable.
B. She will save the Husband harmless against any debt, charge or
liability hereafter contracted by her.
14. REPRESENTATIONS: The parties represent to each other:
A. Each party has had an opportunity to obtain independent legal
advice of his or her own selection in the negotiation of this Agreement; if the same
0
has not been obtained, the parry not obtaining the same shall have waived his or
her rights thereto. Each party understands the facts and has been fully informed as
to his or her legal rights and obligations, or has waived the same, and each has
signed this Agreement freely and voluntarily, intending to be bound by it.
B. Each has made a full disclosure to the other of his or her current
financial condition.
C. Each understands and agrees that this Agreement constitutes the
entire contract of the parties. It supersedes any prior understandings or agreements
between the parties upon the subject covered in this Agreement. There are no
representations, warranties, covenants or undertakings other than those expressly
set forth herein.
15. ATTORNEY'S FEES AND COSTS: Each party shall be
responsible for his or her attorney's fees and costs.
16. FUTURE DOCUMENTS:
A. Additional Documents: All parties shall at anytime and from
time to time hereafter take any and all steps and execute and deliver any and all
further instruments that a party may reasonably require for the purpose of giving
full force and effect to any of the provisions of this Agreement.
B. Estate Representation: All of the parties hereto covenant and agree
that at the request of any other party, or in the event of his or her death at the
request of his or her personal representative, administrator, or other legal
representatives, he or she shall execute and deliver any and all necessary proper
instruments to carry out the purposes and intent of this Agreement.
C. Failure to Execute: In the event that either party shall fail, refuse or
unreasonably delay executing or delivering any necessary or needed documents to
carry out the purposes and intent of this Agreement, then the person failing to
execute and deliver said documents shall be liable for any reasonably attorney's
fees and costs incurred from said individual's failure and/or refusal to timely
execute those documents.
D. Self-Execution: In the event that either party shall fail to timely
execute appropriate documents, then this Agreement shall operate as an execution
of those documents that should have been executed by any and all parties.
However, the party who fails to timely execute those documents shall still be liable
for any reasonably attorney's fees and costs resulting from the failure and/or refusal
to timely execute those documents. The parties agree that the provisions of this
paragraph shall not be construed as abrogating in any way the provisions made in
the preceding paragraphs of this Agreement which require the actual execution of
certain documents, nor shall it be construed as the execution of a note or any other
assumption of indebtedness.
1
17. ENTIRE AGREEMENT: This Agreement, from the time it
shall take effect, shall supersede any and all prior Agreements whether claimed to
be oral or in writing. The parties have incorporated in this Agreement their entire
understanding. No oral statement or prior written matter extrinsic to this
Agreement shall.' ave any force or effect.
18. AGREEMENT NOT MERGED: It is understood and
agreed that this Agreement will be offered into evidence by either party in any
dissolution action, and if acceptable to the Court, shall be incorporated by
reference in the final judgment of dissolution of marriage. However,
notwithstanding incorporation in the judgment, this Agreement shall not be merged
in it, but shall survive the judgment and be binding on the parties for all time.
19. EFFECTIVE DATE OF THIS AGREEMENT: The effective
date of this Agreement shall be the date upon which the last party hereto executes
the same. This Agreement shall not be introduced into evidence in any court
proceedings whatsoever unless executed by all parties to the Agreement.
20. ENFORCEMENT OF AGREEMENT: The parties
specifically agree that all terms and provisions of this Agreement shall be
enforceable by by the Circuit Court of Broward County, Florida.
21. OTHER PROVISIONS: Except as otherwise provided in this
Agreement:
A. Each party releases the other from all claims, demands, debts,
rights or causes of action up to the date of this Agreement, and except for any
claim which may be found within this Agreement.
B. Each party hereby irrevocably releases and relinquishes all
claims, rights and interests which that party may now have or may hereafter
acquire in any property, real, personal, or mixed, of the other party, whenever and
however such property may have been or may be acquired by the said other party,
and each party represents that all of said property, real, personal, or mixed, owned
by either of the parties.at the time of their marriage or subsequently acquired,
separately or together, and owned by the parties or either of them at the time of
their separation, has heretofore been equitably divided and apportioned between
them and each party hereby ratifies and affirms that division.
C. Each party hereby irrevocably waives and releases the other
party from any and all claims that he or she may now have or may. hereafter
acquire for alimony, support or maintenance, except for what is provided by the
terms of this Agreement.
D. Each party waives, releases, and relinquishes all rights that he
or she may have or may hereafter acquire as the other party's spouse under the
present or future laws of any jurisdiction:
i?
(1) To elect to take against any Will or Codicil of the other
party now in force. This shall not apply to any Wills or Codicils executed after the
date of this Agreement;
. (2) To share in the other party's estate and to exercise any
right of dower or curtsey he or she may now have or hereafter acquire in the other
party's estate;
(3) To act as administrator or executor of the other party's
estate except only as provided by Will or Codicil executed after the date of this
Agreement.
22. ALIMONY: As and for support, the Husband shall pay the Wife
the sum of $42,000.00, which shall be paid in monthly installments of $1,000.00
per month, beginning July 1, 2006, until paid in full. Said sum shall be neither
deductible nor taxable to either party, and said amount shall be non-modifiable in
term, amount, or duration for any reason whatsoever. Further, the Wife agrees that
the obligation shall not be enforceable by contempt. Otherwise, neither the
Husband nor the Wife will receive alimony from the other, and each hereby
permanently waives any right to receive alimony from the other, whether
temporary, permanent, periodic, rehabilitative, or lump sum, other than what is set
forth above, now or in the fir tore.
23. WARRANTY OF THE PARTIES: The parties acknowledge
that the provisions of this Agreement are by them deemed to be fair, adequate, and
satisfactory as to each of them. The parties jointly represent that this Agreement
represents a full disclosure and a complete resolution of all matters in dispute, and
that neither parry has made any representations, promises, or warranties to the
other except as set forth in this Agreement.
24. SEVERABILITY: In case any provision of this Agreement
shall be held invalid or be found to be contrary to or in violation of the laws of any
county, state or other jurisdiction, such invalidity or illegality shall not affect, in
any way, any other provision hereof, and all such other provisions shall continue
nevertheless in full force and effect.
25. INCORPORATION OF PREAMBLE CLAUSES: The parties
hereto hereby agree that all of the preamble clauses herein above set forth in this
Agreement are hereby incorporated by reference into, and are to be considered as
part of this Agreement and all of the parties are entering into same with the full
knowledge of the foregoing facts and agree as to the truth and correctness thereof.
26. LAW AND VENUE: This Agreement is and shall be deemed to
be a Florida agreement and shall be governed and construed in all respects by and
in accordance with the laws of the State of Florida.
r4
i
27. MODIFICATION AND WAIVER: The modification or
waiver of any of the provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement. The failure of
either party to, insist upon 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.
28. DISPOSITION OF DOMESTIC VIOLENCE INJUNCTION:
An Agreed Order on Temporary Injunction for Protection Against Domestic
Violence With Minor Children was entered in Case No. DVCE 05-4712 (59) on
August 10, 2005. The parties have resolved their issues and no longer require the
provisions of the August 10, 2005, Order; however, the Husband shall continue to
comply with Paragraph 10 (financial obligations) until June 30, 2006. The parties
agree that the Court shall enter an order modifying the Domestic Violence Order,
as set forth above, which Order shall specifically allow the return of the firearms to
the Husband. /
11?lyo TON, WIFE PATRI F LTON, HUSBAND
STATE OF FLORIDA )
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared, AMY
FELTON, who is personally known to me, or who has produced F1- - ? -,Y35-0/ 2 - 73 `5 c-?i'' O
as identification, and who, after being duly sworn by me, deposes and says that she
is the person who executed the foregoing Marital Settlement Agreement and the
facts contained therein are true and correct to the best of her knowledge and belief.
SWORN TO and SUBSCRIBED before me this the 7 day of PRI'L
2006.
Notary blic
My commission expires:
:or¢ ??.? Notary Public State of Florida
p, Gloria Lucia Angel
?OF M1?4 ?C?: 0.?.' ??DO20799
STATE OF FLORIDA )
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared, PATRICK
FELTON, who is personally known to me, or who has produced
as identification; and who, after being duly sworn by me, deposes and says that he
is the person who executed the foregoing Marital Settlement Agreement and the
facts contained therein are true and correct to the best of his knowledge and belief.
SWORN TO and SUBSCRIBED before me this the Y day of '
2006.
Notary Public
My commission expires:
t?ilY P
AUAN SLAM
MY COMMISSION # DD 2202DO
# * EXPIRES: August 31, 2007
Jr? OF F? ' ewou nn I}4'GpCt N01l1y SBIYICPE
'? p3/1pr200A 'r n2 11? la !Ax
L
PARENTING AGREEMENT' DgALING AM M 140 CHILDREN ISSUES
14010i01c
THIS AGREEMENT made and entered into this ' day of
200, by and between PATRICK FELTON, hereinafter called the "Husband", and
AMY L. FELTON hereinafter called the "Wife".
pVITNLSSETH-
7?-r
WHEREAS, the parties .vets married to each other on t t, 1, 2000; and,
WHEREAS, there were two children born of the marriage, specifically:
TA13TTIRA ANN FELTON born April 23, 2001, and GRACIE ELIZABETH FELTON
burn August 27, 2003;
WHEREAS, each of the parties has had the advice of competent legal counsel
who have represented each of them;
NOW, THEREFORE, in consideration of these premises and other good and
valuable consideration, and of the mutual promises hereinafter set forth to be performed
by the parties if it's agreed as follows:
1, Conalctsat1or1. The cavideration of this Agreement is the mutual
promises and agreements herein contained.
2• n The parties have separated and shall continue to live
3eparme and apart during the remainder of their natural lives. Each shall be free from
interference, authority and control, direct arxi izdirect, by the other as fully as if he or she
were single and unmancied,
3. CQUnurQ $i>Qnatnres. This agroement may be signed in one or
more counterpans each of which, when executed with the same formality and in the same
manner as the original. shall constitute an original.
4. Governing, Law. This r4grsrment shall be construed and governed in
aecordartm with the law of the State of Florida.
5. Ml%l Undastattd' 't'his Agreement contains the entire
understanding of the parties. There are no representations, promises. or undertakings
other than those expressly set forth heron.
6. WLiy f Suict Performance. The failure of either party to Insist W
upon strict perfotxnw cc of any of the provisions of this Agreement shalt not be construed ?t
as a waiver of any kind and if either of the parties shall fall to insist upon strict
performance of any of the terms, conditions or promises herein contained it shall not be
GUAM r. CLAAck • r„ a?wrwt uKtwt. t1lMs sat, ?.oa a+au?rur aeia.cv+?e. na+r, rtoiaw a,.,, rEat•w?+t f T "a-sm"
??/1?/2O06,ZrR! 11:15 PAX
W.... ...
Pauidc M. Felton .. Any L. !aeon I
GN No. FMCE 03-142" W) l917
Pamadaa Apes wit / Pave 2
dreamed a waiver of any subsequent broach or default or the terms, conditions or promises
herein.coatained.
7.-- Intemtetatim The article headings of this Agreement are for the
convenience of the reference only and shall not affect the interpretation of any provision
hereof.
f3. Koowl.dtte of Contmts and Reprerarnations:
A. The Wife has had independent legal advice by counsel of her own
selection in the preparation of this Agreement specifically,
KAREN ZANN, ESQ. The Husband his had independent legal
advice by counsel of bis own Wcation in the preparation of this
Agreernetnt, specifically, himself.
B. Each patty fully understands the facts, and each is signing this
Agreement freely and voluntarily, intending to be bound by it.
9. Authmhi In the event that it becotmes necessary for any reason to
construe this Agreement as permitted by the Rules of Evidence of the State of Florida,
this Agreement will be construed as being jointly prepared and written by all parties
hereto.
10. Eattlal In? _validitr. If any provision of this Al ewnent is held to be
invalid or unenforceable, all of the other provisions shall nevertheless continue in full
fom* and effect.
11. Parental Resportaibility„of Mincm-Child;
A. The parties shell have shared parental responsibility of the mirror
children, Each recogabtes the deep love, devotion, and dedication
of the other to the children. Each reeoanizes that the other ham the
tight to, and shall fully ptaniicipate with the other and with the
children, in all-knportant matters pertaining to the children's
health, welfare, education and upbringing. The Wifc shall be
deemed the ptirnary residential parent of said children. The
Husband shall have liberal and frequent contact and access with his .4
children. The minimum contact and seceas to which the Husband
shall be entitled is:
UL M ¦. OLAMR. P..A. GIWAVMa 1 MVA-aura mt, lie *"=MTW1e@ODUtVA*O. PO w. FUNW& sa+??, tat s^•o++i tIOR) ¦a+no ?./
t 0-.!14/2006. FRI 111 16 FAX
Patrick M. NO" Y. AM L. Fdron
Cut No. FMCE 05.14M (35) (911
Parenting Agreement / Pap 3
i. The Husband shall have Alternate weekends with the children
residing with him from Friday at 5:30 p.m. until Sunday at 7:00
p.tn.
il. The Husbarid shall have weekly visitation one night each week
picking the children up, having dinner with them, and returning
them at their bedtime.
iii. The Husband shall have the children reside with him foilowinc
one wee afcw the schpol term ends """..t. ' ?u;t? -a:.?p ( a 3
'
C 5?1 'rrA G W +!:l Y'nand tern SAY ? ri gothe' - C i`rist?t env" hr. 0,
i M holiday vacation period4'All other holidays including school
holidays shall be equally divided betweft the parties.
B. All decisions regarding the health, religious and secular education
of On children, their. travel, welfare, and upbringing shall be made
on a joint decision malting basis
C. Each party shall notify the other promptly of any serious illness or
accident befalling any of the minor children.
D. Enoxngemet of Love and ffection: Each patty shill attempt to
ensure. that the children maintain unhampered contact with both
patties and each shAU not do anything that would estrange the
children from the other pony or that would impair the natural
development of the ehildrt:n's love and respect for either party.
Both parties shall exercise in the utmost of good faith, his or her
beat efforts at all times to Mcourage and fosta:r the. maximum
relations of. love and affection between the Children and their
mother and father. Neither shall in any way impede, obstruct, nor
imerfare with the exercise by the other of his or her right of
companionship with the Children, and neither of 'tbem At any time
shall in any manmor disparage not criticize the other parent, nor
allow others to do 3o in the presence of the children.
E. Both partiea shall be entid e0 to participate with and attcnd special
activities in which the children era engaged, such as religious
activities, school prograrm. sports events &Dd other extracurricular
Activities, progrerns, and important social evems in which the /
^LL" U UMM.•..,, ¦ISCAYNA ca+rt¦e-twrrE for, 115M MOUArmo aeuctr?Ka Mo =AM. ROOOw xa.a,,.nc.+wNc (am Sox+••F /i o%d?c1?
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Pstrick M. Feua+ v. Amy L. FrAee /
can No. FMCS 05.140 " (91)
Par"Wng Agrwff*,A, / PIP 4
children are in or in which they may be engaged or involved. Each
pareuht shell be entitled to rKeive all school records of the children
and notice of any school etvtnts.
Both paves shalt participate in all major decisions affecting the
child.
E erizency Decisions-Unilaterally Pwuiued: It is understood
that some decisions rnust be made on an emergency-type basis, and
itt such event each of these partles grants the other the right to
make such decisions and each to obligate the other under those
cireuratu >'ces m the evcrtt of a tins medical or other emergency on
behalf of the children. In the event of any such emergency, the
next duty of the parent with whom the child or children are at the
time of the emeTgerx. y shall have the obligation to imttiedistely
inform the other parent as soon as practicable after the occurrence.
Oven Teleu nic Ctxrttnunica on. Whet) the Children are with
the other parent, the. parent with whole the Children are not shall
have open and masonable right of telephonic Communications with
the Children at all timea.
No jjgjgon Ass in the Evelyn of libiess or Accident Each
of the parties agree that if either of therm has any knowledge of any
illness or accident or other circurnsunces seriously affecting the
Children's health and general welfare, either Husband or Wife, as
die case may be, will promptly notify the otther of such
circumstances, and the patty who is noticed shall have immediate
access to the Children, notwithstanding where sold Child may be.
Wherever the Children are, each of the parties shall be Informed of
where they can have telephonic cornmtmicatlons with the Children
and shall have right to such communication.
F,ntitlement Cornvietc formation. Each party shall be entitled to
complete and detallsd information frorn all pediatricians,
pbysici&n$, consultants, or specialist attending the Children for any
reason whanoever and to be furnished with copies of any reports
given to wo or the ocher patent. Each shall be entitled to complete
ALIAM M. CLAWK •.A., 111CX MI MWr" - e(Rff 07. "O @LMArME MULMvAM. He WAN$. /R9AMOA U I6'. M11-•M-4C (M) w?A
fl?
Oir/1,C/20Gf FRI 11, 17 FAX
Patrick M. Rhon v, Amy L Fdtm /
Case No. FMCti 05-14W6 (16) (90
remnLiq Agte"al / Pegg 5
and detailed information from ¦U teachers, school, summer camps
or other InctitUtions wbete the Children may attend or with which
they may beoorne associated in any way. Each of the parents
should be furnished wlth copies of all reports given to the other.
K. Informed of Whereabouq: Exch of the pasties shall keep the
other reasonably irtfanywd at all tithes of the whereabouts of the
minor children when they are with either of the parties or with
others,
L. Nmes to be MairltagLcd Neither of the pasties will in any time or
any rem on cause the minor children to be known, identified, or
designated by any other last name other than Felton and neither
shall initiate or cause the designation of Fatber or Mother or their
equivalent to be ured by the minor chUdren with reference to arty
person other than the parties hereto.
W? -, ...
1Z. Covenant IQ Introduce A,ttreement in Eviaence Each of the parties
hereto agrees that he or she either as Petitioner or Respondent shall offer in evidence this
Agreement in arty action for legal ,separation or dissolution of marriage of the parties
hereto, and consents and agrees that the Court having jurisdiction of such bcdon shall and
by these presents does have the authority and power to incorporate in any decree of
judgment entered in such cause, the provisions of this Agreerttent in their entirety and the
provisions of this Agreement in their entirety shall be and become pan of any such decree
of judgment in such cause.
1N WITNESS WHEREOF, the parties have executed this Parental Agreement and
have hereunto art their hands and seal the day and year first written above.
Witness
PA'
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Court
FF.LTON
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EXHIBIT "B"
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* 5/4/200910:18:39 AM=rm=Felton Pet for Contempt.doc=F#2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PATRICK FELTON, NO. 09-2066 Civil Term
PETITIONER :
V.
AMY COX- FELTON, CIVIL ACTION - LAW
RESPONDENT
CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I have on this date served the Emergency Petition for Contempt and Modification
of Custody on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P.
440.
Service by certified mail, return receipt, restricted delivery, addressed as follows:
Amy Cox-Felton, Pro se
1102 Market Street
Unit 7
New Cumberland, Pennsylvania 17070
DATE:q
BY: C\_?_ L'
David C. Schanbacher, Esquire
Attorney for Plaintiff
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
• .I
1 L1.+D 0 1i
OF THE PRTMO OTARY
2009 MAY -6 PM 1: 41
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PATRICK FELTON, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 09-2066 CIVIL TERM
AMY COX-FELTON,
DEFENDANT CIVIL ACTION (LAW/CUSTODY)
ANSWER WITH NEW MATTER
TO CUSTODY COMPLAINT DATED MAY 4, 2009
To: Patrick M. Felton
c/o David C. Schanbacher, Esquire
Hoffineyer & Semmelman LLP
30 North George Street
York, PA 17401
Notice to Plead
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
1. DENIED AS STATED. Plaintiff Patrick M. Felton (hereinafter "Father") claims to
reside at Unit 102, 13 Glenamoy Road, Timonium, Baltimore County, Maryland
21093. Father provided this address to Mother on or about February 14, 2009.
However, according to the Maryland State Board of Podiatric Medical Examiners as
of May 19, 2009 Father's residential address for licensing purposes is Apartment B, 7
Old Coach Lane, Owings Mills, MD 2117. Father has used multiple addresses since
the parties separated and he has been difficult to track for child support enforcement
purposes. His addresses - aside from the one set forth in the Complaint - include:
Address Period
Apartment B 2008-2009
7 Old Coach Lane
Owings Mills, MD 21117
No. 1320 2006-2007
8900 Research Park Drive
The Woodlands, TX 77381
911 Nandina Drive 2006-2007
Weston, FL 33327
No. 83, 1112 Weston Road 2006-2007
Weston, FL 33326
2. ADMITTED.
3. ADMITTED that the parties are the natural parents of GRACIE ELIZABETH
FELTON (DOB 8/27/03; Age 5 V2) and TABITHA ANN FELTON (DOB 4/23/01;
Age 8); they were married October 31, 2000 and divorced in 2006 in the State of
Florida.
4. ADMITTED.
5. ADMITTED.
6. ADMITTED.
7. DENIED AS STATED. The documents speak for themselves. Mother has enjoyed
primary physical custody of both children for many years. The documents quoted by
Father were drafted when the parties resided in the same city and state.
8. DENIED AS STATED. Mother has not violated the Order and she incorporates by
reference her New Matter as though fully set forth.
9. DENIED. Mother provides a loving home for both children and has been the
primary custodial parent for many years. Father's latest litigation arises in response to
the recent enforcement of his child support obligation as set forth in New Matter.
10. DENIED. Mother provides a loving home for both children and has been the
primary custodial parent for many years. Father's latest litigation arises in response
to the recent enforcement of his child support obligation as set forth in New Matter.
11. DENIED. Mother provides a loving home for both children and has been the
primary custodial parent for many years. Father's latest litigation arises in response
to the recent enforcement of his child support obligation as set forth in New Matter.
12. ADMITTED.
NEW MATTER
Father's Custody Filings Follows Child Support Enforcement Actions Against Him For
an $18.100.80 Arrearne as of June 15.2008:
13. Both children have resided primarily with Mother in Pennsylvania since July 1, 2006
when Mother relocated with court permission from Florida.
14. Father timely failed to pay child support or alimony to Mother.
15. In the summer of 2008 Mother filed a child support action in the Cumberland County
Domestic Relations Section.
16. On September 3, 2008 the Circuit Court of Baltimore registered a URESA filing from
Cumberland County Domestic Relations and began collection efforts against Father.
17. Father owed an arrears of $18,100.90 as set forth in an October 2, 2008 Order from
the Circuit Court for Baltimore County as set forth in Exhibit "A".
18. A hearing for contempt against Father was held in Maryland and the outcome of that
proceeding resulted in Father owing Mother $15,364.04 in child support as of
February 9, 2009. See Exhibit "B".
19. Father has been successfully wage attached in the amount of $2,000.00 per month.
20. Realizing that he could not escape his child support obligation, Father then employed
Hoffineyer & Semmelman to file a "Petition for Amendment of Support Order" on or
about March 10, 2009. See Exhibit "C".
21. Father - failing to voluntarily and timely pay his child support until Maryland
commenced enforcement proceedings - then initiated the present child custody action
on April 2, 2009.
22. Father is a licensed doctor of podiatry and he has no legitimate reason for failing to
timely pay tens of thousands in child support as he discharged most of his debts when
he filed a Chapter 7 Bankruptcy Petition to No. 2006-14538 in the Southern District
of Florida.
Father is Abusive and Exposes the Children to Hateful Language:
23. On Sunday, April 12, 2009 Patrick Felton sent a text message from 1-443-564-
9417 which said "Right herfel shut the fuck up" in response to a text "where r u"
because he was late in returning the children from Easter Sunday.
24. Father admits that he lets the children hear messages that he leaves for his
attorney. On April 12, 2009 Father writes: "Last, I would like to point out that
when the girls hear me leaving a voice mail for my legal counsel after we left
New Cumberland on Thursday they UNANIMOUSLYstated their desire to be
with me the ENTIRE weekend into Sunday evening and that you had taken
Monday off so they can spend time with you on Monday."
25. On April 12, 2009 Father leaves a note bearing 18 point size print which states:
"ALSO TABITHA HAD A PAIR OF TIGHTS WITH HER LESS THAN ONE
MONTH AGO WHEN SHE CAME DOWN FOR MY BIRTHDAY WEEKED.
I'M NOT SPENDING MORE MONEY JUST BECA USE YOU DON'T KEEP
UP WITH LA UNDRY! 11
26. Father's conduct is merely a continuation of prior e-mails to Mother where he
writes "You are so full of shit ... [F]rom now on, when I call, the TV gets
turned off, the toys get put away, and they [the two children] sit there and TALK
WITH ME. If I have to have a representative thereto ensure that this happens,
I will do it. "
27. Father uses inappropriate language as a matter of course, for example, in
commenting on his former employer he writes "long story short my boss is great
but his wife is a total money grubbing bitch (think Dr. Grossman's wife and
Sheinberg combined)":
28. Father wrote to Mother using his screen name "BIKESCAG" the following: "You
can have your fucking way in the marital separation agreement and
congratulations your fucking prophesy about bankruptcy has come true ... too
bad it will be only me filing for bankruptcy while you get to pay all of your debts
off between what I have to pay and what you make from the sale of house...
just remember it was YOU who threatened to file for divorce back after you
FORCED me to pay $573 for your fucking tires and wouldn't pay for
household bills with the support money, so that is why I did it first so go have a
nice life and contracts to your mom who gets a second chance to raise children
since she feel flat on her face trying to raise the first one.
29. Father also expresses bigoted opinions such as `just another fucking greedy jew"
when he writes an e-mail to Mother regarding a business opportunity.
30. When writing Mother about an airline reservation, Father writes: "I know you
will sit around laughing with your little bitch friends and family about my
plights, but just remember it only hurts the children when there is no other
money for anything else ... Just make damn sure your ass is in bed early on the
night of June 30'ft so you can drag yourself out of bed to get them to the airport
by AT LEAST 5.30 AM, NO EXCEPTIONS. I'm not rushing them through
security because of your inability to go to bed at a decent hour and then get up. "
31. In December 2008 Father involved Tabitha's teacher at St. Theresa's Catholic
School when he wrote: "I am NOT going to purchase this book when my
support money (of which part of it is SUPPOSED to be used for the children's
educational support) goes towards this." Father was upset because the child had
a book report which Mother told him about prior to the exchange which needed to
be completed over the Christmas break.
32. Father's correspondence shows him to routinely use profane language; express
bigoted views; dwell on money issues; cast racial epithets and otherwise engaging
in demeaning and obnoxious behavior.
33. In Paragraph 8E of the Complaint Father objected to Mother's request to have
Tabitha speak with a counselor named Rachel Kuhr at the Jewish Family Service
of Greater Harrisburg. In light of Father's anti-Semitic comment, Father's
objection is not based on the best interest of the child but rather his own prejudice.
34. The best interest and permanent welfare of the children will be served by granting
the relief requested because:
(a) Mother has been the primary caregiver since birth for the children;
(c) Father routinely uses vulgar and derisive language in front of the children to
describe Mother;
(d) Father uses vulgar and derisive language via e-mail to Mother;
(f) Father refuses to cooperate in counseling service for the children;
(g) The every other weekend schedule set forth in the Florida Order was entered
at a time when the parties resided within a short drive, today Father drives the children at
least 1 - 1 %2 hours to Maryland on Friday evenings and back to Pennsylvania on Sunday
evenings which is tiring for a 5 and 8 year old.
(h) Father has a history of domestic violence which includes a "Temporary
Injunction for Protection against Domestic Violence with Minor Children" entered to
Case No. DVCE 05-4712 (59) in the State of Florida.
WHEREFORE, Mother seeks an Order granting her sole legal custody and primary
physical custody of GRACIE ELIZABETH FELTON (DOB 8/27/03; Age 5 %:) and
TABITHA ANN FELTON (DOB 4/23/01; Age 8) with visitation to take place once every
third weekend instead of every other weekend.
Respectfully submitted,
BY:
J6 ell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Defendant
Date: May 22, 2009
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY: AW /?,
Ve on
Date:
.Amy L. telton
PLAINTIFF
vs.
Patrick Matthew Felton
DEFENDANT-
* IN THE CIRCUIT COURT 592 169 0 P
* FOR BALTIMORE COUNTY
* CIVIL
* CASE NO. 03-C08 9272
* CSES N.O. 70097680
ORDER OF CONFIRMATION
A Foreign Support Order having been filed in this Court pursuant to the Maryland Uniform Interstate-
Family Support Act; a Notice of Filing and Registration of Foreign Support Order having been served on the
Defendant; and t D endant not havin. co ested the registration and er?fQrcement of the Fore-4)n Sop*0 __
-O€cTer, if i? this .aye by.the Circuit Court for Baltimore County,
Maryland,
ORDERED:
That effective 09/03/2008, the Order entered in the State of Florida on 04/13/2006, in case number
0514266 is registered and confirmed as a Maryland Order.
That in accordance with the terms of that Order, the Defendant, Patrick Matthew Felton, shall pay the
sum of $1,600.00 per month current child support.
That in accordance with the request for registration, arrearages are $18,100.80 as of 06/15/2008.
That said child support and arrearage payments shall be made payable to and through Maryland
Child Support Account, P.O. Box 17396, Baltimore, Maryland 21297-1396; and said .payments will be
forwarded to the jurisdiction which filed this Interstate case or to the Plaintiff.
That each party .is required to notify the Court and the Baltimore County Office of Child Support
Enforcement, within 10 days of any change,of address or employment; and failure to comply may result in a.
party not receiving notice of the initiation of a proceeding to modify or enforce this Order.
Immediate wage lien imposed.
VC
True., a
BALTIMORE COUNTY
OFFICE OF CHILD SUPPORT ENFORCEMENT
170 W. Ridgely Road, Subs 200
Luthemille, Maryland 21093
Phone: (800)3324347 Fax: (410)561.1596
E-Mail: supportofficerCNiuno.com
In Reply Refer To:
Case No.: 70097680
February 09, 2009
PATRICK MATTHEW FELTON
Re: AMY L FELTON vs.
PATRICK MATTHEW FELTON
Dear MR. FELTON:
XX Your account has been adjusted to reflect direct payments in the amount of $13,536.76
for child support paid to AMY L FELTON. The remaining balance on the account is $15,364.04
as of 2/9/09.
Your account has not been adjusted to reflect any direct payments as the custodial
disputes these payments.
If you wish to pursue this matter further, you will need to seek assistance through the Pro Se Law
Clinic or by private attorney. Information on Pro Se is enclosed. ALSO ANY FURTHER
PAYMENTS MUST BE MADE TO MD. CHILD SUPPORT ACCT. YOUR CASE HAS BEEN
PULLED FROM COURT FOR 2/17/09, @ 9:00 AM DOCKET.
DONNA KRAUSE
'`xeoo,?
Kvua?
Child Support Specialist
Encl.
DK
CC: AMY L FELTONI /?i?•
IN THE COURT OF COMMON PLEAS OF CITM ERI.ANi) COTTNTY, PENNSYI MANIA
AMY COX-FELTON, :NO. 00308 S 2007
PLAINTIFF : PACSES NO. 592109118
V. : CIVIL ACTION - LAW
PATRICK FELTON, : AUTHORITY NO.
DEFENDANT : DPW NO.
PETITION FOR AMENDMENT OE SUPPORT ORDER
ff
AND NOW, to wit, this (U day of March, 2009, Petitioner, Patrick Felton, by and
through his attorney, David C. Schanbacher, Esquire, files this Petition for Amendment of Support Order and
in support thereof states as follows:
1. Petitioner is Patrick Felton and resides at 13 Glenamoy Road, Unit 102, Timonium, Maryland
21093.
2. Respondent is Amy Cox-Felton and resides at 1102 Market Street, Unit 7, New Cumberland,
Cumberland County, Pennsylvania 17070.
3. There is an active support order on this case entered by the Court of Common Pleas of Cumberland
County, Pennsylvania.
4. That since the entry of said Order there has been a material and substantial change in circumstances:
X Increase in the income of Respondent.
Increase in the needs of
X Decrease in the income of Petitioner.
Decrease in the needs of
Obligation to support no longer exists due to
Failure of a party to voluntarily consent to pay for medical expenses or other bills.
X Other specific change: Petition to amend should be retroactive to date when Respondent
became employed full time and failed to notify the appropriate Child Support agency.
5. That by reason of said change in circumstances, the said Order should be modified as follows:
Reduced retroactive to date Respondent became full time employ a Petitioner
or the appropriate Child Support agency.
WHEREFORE, Petitioner respectfully requests that the Order of Court dated be
modified in the respects herein before set forth and for such other relief as the Court may find just and proper.
NOTICE: Effective March 1., 1995, PA R.C.P. 1910.19 (c) states as follows: Pursuant to a petition for
modification, the trier of fact may modify or terminate the existing support order in any appropriate manner
based upon the evidence presented.
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 unworn falsification to authorities.
Date-3/5/09 Petitioner Y0 14e_?
Phone Number 443-564-9417
Name of Attorney IUav;d C;_ Schanhacher, Fso sir .
Ff F'-
r
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6/4/09=10:41 AM=bf?-felton replynewmatter=-f#l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICK FELTON,
V.
AMY COX-FELTON,
NO. 09-2066 CIVIL TERM
PLAINTIFF
CIVIL ACTION - LAW
DEFENDANT CUSTODY
PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER
TO CUSTODY COMPLAINT DATED MAY 4, 2009
ON THIS day of ?W11Q_ , 2009, comes Plaintiff, Patrick Felton, by
and through his counsel, David C. Schanbacher, Esquire, and files the following Plaintiff s Reply to
Defendant's Answer with New Matter to Custody Complaint Dated May 4, 2009, and in support thereof
avers as follows:
1.
Plaintiff, Patrick Felton (hereinafter referred to as "Father") indeed lives at 13 Glenamoy Court,
Unit 102 Timonium, Maryland. Father took residence on October 17, 2008. Further, Father notified
the Baltimore County Office of Child Support located at 170 West Ridgely Road, Suite 200
Lutherville-Timonium Maryland 21093 on November 6, 2008 of his updated address. By way of
further answer, had the Defendant, Amy Cox-Felton (hereinafter referred to as "Mother") listened to
the multiple messages left on her answering machine at the land line where she is residing, she
would have been duly notified of this change of address. The address at Old Coach Lane was
temporary, until Father could find permanent housing. The business addresses which Mother lists are
utilized by the Maryland Board of Podiatric Medicine for correspondence with licensed physicians -
they do not utilize personal mailing addresses or residences.
6/4/0 10:41 AM=Wfelton replynewmatte=f#1
Finally, in 2006, when Father resided in the State of Texas, Father provided child support to
Mother via Certified Mail, Return Receipt Requested, Restricted Delivery, which listed Father's
address. Also, Father's counsel in Florida notified Mother's counsel in Florida of Father's address
prior to him ever leaving that state.
2.
No responsive pleading required.
3.
No responsive pleading required.
4.
No responsive pleading required.
5.
No responsive pleading required.
6.
No responsive pleading required.
7.
Mother and her counsel have contradicted themselves. Mother admits in # 5 that the parties
agreed to certain custody rights as part of the Mediated Marital Separation Agreement, which was
entered as an Order of Court on April 13, 2006. In no way did the agreement alter or insinuate
alteration of the custody and visitation based on geographic residence of Mother, Father or the
children. Neither the agreement, it was stated that Father allowed Mother to relocate to Pennsylvania
on or prior to July 1, 2006. Within this paragraph allowing relocation of Mother and Children, nor
any other paragraph of the Mediated Marital Separation Agreement, nor within the Parenting
Agreement Dealing with Minor Children Issues is there any alteration, or insinuation of alteration of
the visitation schedule with Father based on the geographic location of Mother or Father.
Futhermore, the Mother and Father did not live in the same city of the State of Florida at the time
of the drafting of the document. Father resided at 3867 Turtle Run Boulevard, Apartment 2315
Coral Springs, FL which is 25 miles away. The average commute from his residence to 911
Nandina Drive was 37 minutes. The distance between the current households of Father and Mother
is 62.3 miles on highway roads and takes approximately 57 minutes, in opposition to the 1.5 hours as
stated by Mother. Finally, Mother has never even driven from 1102 Market Street, Unit 7, New
Cumberland, Pennsylvania to 13 Glenamoy Court, Unit 102, Timonium Maryland - Father has
provided all transportation for custody exchanges.
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6/4/09=10:41 AM=bf--feltonreplynewmatter=f#1
8.
Father disagrees that Mother has not violated the Order and incorporates by reference his
responses to Mother's New Matter below as well as his Emergency Petition for Contempt and
Modification of Custody.
9.
Father's latest litigation does not arise as a response to the recent enforcement of his child
support, but rather as a result of all of the issues outlined in his Complaint dated May 4, 2009, as well as
the allegations in Mother's New Matter. Father cares about the well-being, balance, upbringing, health,
spiritual development, education, physical development, and social skills development of his children.
Furthermore, it is well-documented that the issues of child support and custody have nothing to do with
each other.
10.
See Answer to #9.
11.
See Answer to #9.
WHEREFORE, Father requests this Honorable Court to grant the relief requested in Father's
Emergency Petition for Contempt and Modification of Custody.
ANSWER TO NEW MATTER
13.
Admitted, with clarification. The parties agreed in their Mediated Marital Settlement Agreement,
which was adopted as an Order of Court, that Mother would have primary custody of the children and
was entitled to move to Pennsylvania.
14.
Denied. It is strictly denied that Father failed to timely pay child support to Mother. Father has
made conscientious efforts within his financial means to pay child support, while attempting to exercise
his legal right to a Review of the Support Order due to changing circumstances of both parties. Father
was told at the time of the Mediated Marital Settlement Agreement that counsel for Mother was going to
register the Support Order with Broward County, Florida, which was never done (Father discovered this
after attempting multiple times to have his support order reviewed due to decrease in earnings and
Mother obtaining employment and failing to notify the appropriate support agency of that change in
circumstances). The child support amount in the Agreement was based on Mother's non-employment.
Mother has been employed since approximately November 2006 and has never reported her
employment, which is a condition required under the law for support purposes. Father has made direct
payments to Mother for child support, proof of which he has in the form of cashed checks. Further,
Mother fraudulently cashed a check in April of 2009 that was from June 2007 and which Mother knew
6/4/09=10:41 AM=bf--felton replynewmatter-4#1
had already been replaced by a corrected check at the time it was written. Proof of Mother's fraud will
be presented at time of trial.
With regard to alimony, payment of such was contingent on the sale of 911 Nandina Drive
(marital residence) at a price that would net a capital gain, which did not occur. Further, the parties
agreed (and included in the Mediated Marital Settlement Agreement) specifically that this alimony
cannot be claimed on taxes and is not enforceable by contempt.
15.
Admitted with clarification. Mother signed an official document in the presence of Scott
Houser, Support Enforcement Agent that stated "No support has been received since January 4, 2008."
Mother knowingly signed this despite the fact that she had received checks directly from Father for child
support between January 4, 2008 and the date on the form. Mother signed this form in spite of its
warning that an individual is at the risk of being charged with perjury should they sign this
documentation and knowing that the information claimed is false. Father intends to pursue this false
claim.
16.
Admitted.
17.
Admitted, with clarification. Father has made attempts to clarify the arrearage amount as stated
in Item 17. It should also be noted that Mother has continued to fail to report/admit the total amount of
checks directly received by Mother for the purposes of child support in addition to the mother
attempting to escape her portion of child support obligation in relation to her income contribution to
child support under the law. Furthermore, it is stated in the Mediated Marital Settlement that when the
father has the children for at least 3 weeks at a time for their summer vacation, that child support
Obligations are to be decreased by 50%. It appears that under the arrearage calculated and the semantics
of the Support Order, this Obligation decrease is not being enforced nor calculated into the supposed
arrearage. Father has had the children for a full month during the months of July 2007 and July 2008
and there are plans for the month of July 2009 for summer visitation of the children with their father.
18.
Denied. A hearing was never held. On February 9, 2009, Child Support Specialist Donna Krause
spoke directly with Father and Joanna Fine, Esquire and informed them she had the case for February
17, 2009 at 9:00 AM removed from the docket and that a credit of $13,536.76 was applied to the case.
19.
Admitted with clarification: $1,600.00 of the $2,000.00 wage attachment is for support, while
$400.00 is credited toward arrearages.
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6/4/09=10:41 AM=b-felton replynewmatter=f#1
20.
Denied. Father has never tried to escape his responsibility to pay child support. However,
Mother certainly has failed to ever notify the appropriate Domestic Relations office of her current
employment, which has existed since approximately November 2006. Mother is, therefore, in contempt
of a court order.
21.
Denied. Father's purpose in commencing support proceedings is to enforce his rights under the
law to have his support matter reviewed and have Mother's income included in the support calculations.
Father's purpose in commencing custody proceedings is entirely unrelated to the support issues, and is
due to Mother's derogatory behavior toward Father and his rights with his children, as well as Mother's
lack of care and nurturing of the children.
22.
Denied. Father's income information (including W-2s, tax returns and paystubs) will reflect his
earnings accurately from all employment. Father has already offered to provide such information
willingly and informally to Mother; however, Mother has made no such offer to provide her income
information as she has refused to provide that to the appropriate authorities since she became employed
in 2006. By way of further answer, Father's profession has been affected by the economic downturn just
as much as any other profession. Finally, the bankruptcy in 2006 did not include Student Loans (over
$100,000) and that bankruptcy in 2006 does not mean that Father has been relieved of all current
monthly expenses at this point in time. Father still has to pay for housing (rent), fuel (he travels 250
miles a week between 4 difference offices), car maintenance, car insurance, food, care for his child with
his current wife, life insurance, disability insurance, and utilities.
23.
Admitted in part, denied in part. Father admits sending the text message, but the children were
not exposed to the text message. This text message was sent at 1:09pm on Sunday April 12 2009, nine
minutes after the return time that was demanded by Mother, despite Father's legal right to have the
children until 7:00pm, as Easter Sunday overlapped with a regular biweekend visitation with Father.
Father was in the front seat of the car, and was actually pulling into a parking space in clear view out of
the front window of 1102 Market Street, Unit 7, New Cumberland, Pennsylvania 17070. Mother was
clearly just antagonizing the father, as evidenced by the fact that as soon as he pulled into the parking
space, Mother was out the door of her house, suggesting that Mother was standing in the living room in
clear sight of Father entering into the parking lot of the townhouse complex. The children did not see
Father's phone as this text message was sent.
24.
Admitted in part, denied in part. Father does not routinely allow the children hear him discuss
custody or other matters with his legal counsel. However, Father did immediately call his attorney after
the exchange of the children on Thursday April 9, where, in front of the children, Mother demanded
Father return the children to her at 1:OOPM on Easter Sunday because she made plans for them. Father
was simply trying to get clarification of his rights to retain the children until the end of the Easter
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6/4/09=10:41 AM=bf-?felton replynewmatter-M
holiday under the current custody order and the children told Father they wanted to be with him for the
entire weekend.
25.
Admitted with clarification. Mother has a history of being lackadaisical with her approach to
timely addressing laundry concerns. Tabitha was present for the weekend of March 13-16, 2009 with her
father. Mother had packed a dress outfit and white tights at that visit, assuming that the children and
their father would probably do something special for their father's birthday. Easter weekend was 3
weeks after this visit and instead of ensuring that Tabitha had clean tights available, Mother expected
Father to purchase new tights. Tabitha's answer to her father of why her mother didn't have tights
available was "they are in the wash."
26.
Denied with clarification, as Mother conveniently omitted the rest of the email. At the time of
the email, Father lived in Texas and would make attempts to have phone conversations with the
children. However, the children had a great deal of background noise such as the television being on and
at a very loud volume. Father was trying to have a conversation with his daughters, but they were
distracted by the TV set and got into a fight when one child asked the other to turn off the TV so she
could hear the conversation with the father. Father was trying to break up the fight over the phone with
the two children while the mother was somewhere else in the house (not exercising disciplinary control
or supervision of the children). Father had to raise his voice for the child who was holding the phone to
hear him over the argument that had ensued over the television. Father was successful in getting the
children to calm down, and asked the child holding the phone to give the other child a hug. Mother then
snatched the phone from the child and stated "Don't you dare yell at them." Mother kept interrupting
Father and the child when an explanation was held of how the conflict between the two children
occurred. Mother dismissed everything, stating to the father "You don't yell at them and they can have
the television on if they want", and then she proceeded to hang up on Father. In response to this, Father
proceeded to write a long email to Mother, explaining what exactly happened and that he, 1300 miles
away, was able to get the girls to resolve the conflict and that it was indeed disrespectful to not only
have the television on during a phone conversation but also disrespectful for their mother to support that
behavior.
27.
Denied. This statement was in relation to Dr. Robert E. Neville, who upon influence from his
wife, denied Father reasonable compensation for Father's immense efforts to build a facet of the practice
(biomechanics, gait analysis, and orthotics) which resulted in a gross income increase of over $300,000
in practice revenue. Dr. Neville's wife influenced Dr. Neville to not allow that revenue or even a
portion of it to be included toward Father's yearly revenue production bonus on the grounds that "the
practice pays for the gait analysis equipment and pays for the orthotics to be made so the practice and
owner deserves that money."
6
6/4/09=10:41 AM=bf--felton replynewmatter-f#1
28.
Admitted with clarification. Again, Mother has conveniently omitted the entire exchange.
Further, the exchange occurred prior to the parties' divorce and therefore is irrelevant to the instant
matter.
29.
Denied. Father has no recollection of this allegation. However, by way of further answer, Mother
has expressed anti-Semitic feelings from the time Mother and Father were married, when Father was
employed by a Jewish man, citing the history of the Jews as "they were the ones who controlled all the
money from centuries ago and that is why they are wealthy and in positions of power." Further, Father's
roommate his first year of medical school was of the Jewish faith (and Father is still in contact with
him). Father also still has a great personal and professional relationship with Dr. Allen Grossman, with
whom he worked from 1999-2000, prior to,relocating to South Florida. Finally, Father has a wonderful
professional and personal relationship with not only his current boss, Dr. Mikel Daniels, but also the
previous owner, Dr. Steven Wiener, both of whom are of the Jewish Faith.
30.
Admitted in part, denied in part. As is Mother's wont, she has only included part of the email in
question. The purpose of this email was not expressly in relation to an airline reservation, but a part of
an email in relation to the fact that as of the writing of that email (circa June 2007), Mother was still
avoiding the issue of her employment and income that should have been reported so that Child Support
could be recalculated and adjusted according. By way of further answer, Mother has a history of being
late (as an example, the oldest child was late for first day of school in 2008-2009 year). Father had to
accompany the children on their return flight to Texas for summer vacation and in doing so, slept at
BWI airport to meet the children and take an early flight back to Texas. Due to Mother's history of
chronic tardiness, Father wanted to make sure that Mother was duly notified and motivated. And as in
all the previous emails cited by Mother, these are between two adults, and the children are not privy to
these communications.
31.
Denied. Father did not "involve" Tabitha's teacher. Tabitha's teacher became involved back in
August of 2008 when Tabitha was exhibiting behavior consistent with her home environment not being
conducive to academic success (disorganized, unable to stay on task and finish things) and again in
November of 2008 when Tabitha was not receiving academic attention at home (incomplete homework
assignments, failing grades in 2 classes, Mother not signing off on a review of homework assignments).
By way of further answer, during the second semester of the school year, when Father has had more
contact with the children, Tabitha has not had these academic issues. Finally, Mother has never informed
Father of any academic assignments and routinely has failed to pack Tabitha's school bag, resulting in
Father and his current wife having to bother Mrs. Costello over the weekend with phone calls and
emails, then either going to the library or going to a book store to obtain the necessary materials for
Tabitha to complete homework assignments.
7
6/4/09=10:41 AM=bf=felton replynewmatter-4#1
32.
Denied. Father's correspondence reflects his frustration with Mother's unwillingness to
cooperate and her use of her children as weapons against Father. Claims of bigotry are unfounded, as
previously answered, including the fact that Father is currently married to a woman of Nicaraguan
descent (Hispanic). Father is doing his best in the current economy to meet short term financial needs as
well as long-term goals for himself and his children, while Mother has failed to follow the letter of the
law and report her income to the appropriate agencies which would necessitate the recalculation of child
support, thereby benefitting the children in both households, which should be her paramount concern -
the best interest of the children.
In addition, Mother exhibits behavior towards Father in front of the children, which is not in their
best interest. Mother has done little, if anything, to foster a relationship between Father and his children.
33.
Denied. Father did not refuse to speak to Ms. Kuhr due to her ethnic or religious background.
Father refused to participate in counseling sessions with Ms. Kuhr because Mother made a unilateral
decision to obtain counseling for the child without Father's agreement, and without permitting Father
any input in choosing the counselor.
34.
a) Denied. See Father's Emergency Petition for Contempt and Modification of Custody, as
well as Father's answers in this document.
b) (incorrectly listed as "c" in the Answer with New Matter) Denied. Father does not use
any type of profane language in front of, or to the children.
c) (incorrectly listed as "d" in the Answer with New Matter) Admitted that Father has used
adult language when he has reached a heightened degree of frustration in dealing with
Mother, who opposes his attempts to maintain a relationship with the children.
d) (incorrectly listed as 'T 'in the Answer with New Matter) Denied. Father has not refused
to participate in counseling. Father was never consulted by Mother prior to arranging for
counseling, nor was he consulted on the choice of counselor. Further, Father has never
received a reply from Ms. Kuhr nor Mother with regard to the 3 other counselors
proposed, the request for the initial counseling session to include all parties, and for both
Mother and Father to agree on the selection of counselor
e) (incorrectly listed as "g" in the Answer with New Matter) Denied. The physical distance
between current domiciles is 62.7 miles. The travel time between Father and Mother's
domiciles ranges between 57 and 65 minutes, not 1.5 hours as alleged by Mother (Mother
has never provided transportation for custody exchanges so she could not possibly know
how long the trip takes). Further, at the time of the initial agreement for custody, the
travel time between domiciles was 37 minutes (25.6 miles, much of it on city streets in
South Florida). Finally, the children are not tired by this commute, as Father and his
current wife have to get the children calmed down by 8 or 8:30 pm so they can go to
sleep. This is as opposed to the childrens' reports that they are permitted to "stay up late"
on Friday nights by their mother and grandmother since it is a "weekend night."
8
6/4/09=10:41 AWb&-feltonreplynewmatter=f#1
f) (incorrectly listed as "h" in the Answer with New Matter) Denied and irrelevant to the
matter at hand. This temporary injunction occurred prior to the parties' divorce and was
just that, temporary. It has no relevance to the current custody matter.
WHEREFORE, Father requests this Court deny Mother's request for sole legal custody and
primary physical custody of the children.
Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP
BY: I
David C. SaanVacher, Esqu4re I/
Attorney for Plaintiff
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
9
6/4/09=10:41 AM=bf=felton replynewmatter-f#1
VERIFICATION
I, David C. Schanbacher, ESQUIRE, verify that I am the attorney for Patrick Felton in the foregoing matter
and that he is unavailable to sign this Verification; that I am duly authorized to sign the same on his behalf, and that
the statements made in the foregoing Plaintiff's Reply to Defendant's Answer with New Matter to Custody
Complaint Dated May 4, 2009 are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
J- - - I?A /?P,, 11. I)--A _-,
BY:
David C. chi bacher, Es uir Q
Attorney or Plaintiff
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
6/4/09=10:41 AM=bf=felton replynewmatter-f#1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PATRICK FELTON,
PLAINTIFF
NO. 09-2066 CIVIL TERM
V.
AMY COX-FELTON,
DEFENDANT
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I have on this date served Plaintiffs Reply to Defendant's Answer with New Matter to
Custody Complaint Dated May 4, 2009 on the person and in the manner indicated below, which satisfies
the requirements of Pa.R.C.P. 440.
Service by hand delivery at the time of conciliation as follows:
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, Pennsylvania 17070
DATE: (0 V
'? /Jil, - .
BY:
David C. S ancher, Esquird 7-
Attorney for Plaintiff
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
OF r, tai
2009 JUN -S PM 1:07
CL)M ui?- :D couwy
P `'YL\,"
JUN 152009U
PATRICK FELTON
Plaintiff
vs.
AMY COX-FELTON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2009-2066
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ' day of , 2009, upon
consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows:
1. A_jearing is scheduled in Court Room No. S of the Cumberland County Court House
on the day of OCAP69-,- , 2009, at fto'clock __A- in. at which time
testimony will be taken. For purposes of the hearing, the Father, Patrick Felton, shall be deemed to be
the moving party and shall proceed initially with testimony. Counsel for each party shall file with the
Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of
witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of
each witness. These Memoranda shall be filed at least seven days prior to the hearing date.
2. The Father's summer period of custody in 2009 shall run from July 3 through August 2,
unless otherwise agreed between the parties.
BY THE COURT,
?t
cc: "avid C. Schanbacher, Esquire -Counsel for Father
Steven Howell, Esquire -Counsel for Mother
Cop es rn:.tl,
PATRICK FELTON
Plaintiff
vs.
AMY COX-FELTON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2009-2066 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Tabitha A. Felton April 23, 2001 Mother
Gracie E. Felton August 27, 2003 Mother
2. A custody conciliation conference was held on June 4, 2009, with the following individuals
in attendance: the Father, Patrick Felton, with his counsel, Amy J. Phillips, Esquire (for David C.
Schanbacher, Esquire), and the Mother, Amy Cox-Felton, with her counsel, Steven Howell, Esquire.
3. A custody Order was previously entered in this matter by the Court in Broward County,
Florida on April 7, 2006, which was registered in Cumberland County on April 2, 2009 as the Mother
and Child currently reside in Cumberland County. The Father currently resides in Timonium,
Maryland. Under the prior Order, the Mother has primary physical custody of the Children and the
Father has partial custody on alternating weekends and one weekday evening. The Father filed this
Petition for Contempt and Modification seeking primary physical custody of the Children. The Mother
filed an Answer and New Matter seeking to reduce the Father's periods of partial custody to every
third weekend.
4. The parties were not able to reach an agreement at the conference and it will be necessary to
schedule a hearing.
5. The Father's position on custody is as follows: The Father alleges that the conditions in the
Mother's residence are unsanitary and that the Children are not receiving appropriate care. The Father
stated that the Mother makes unilateral decisions contrary to the existing Court Order, denies him
periods of scheduled custody, fails to return telephone calls, fails to share school and other information
pertaining to the Children and generally is attempting to interfere with the Father's relationship with
the Children. The Father seeks primary physical custody of the Children, make-up time for periods of
missed custody and reimbursement for legal fees.
6. The Mother's position on custody is as follows: The Mother denies the Father's allegations
regarding her inability to properly care for the Children. The Mother believes that the Father's Petition
is an attempt to retaliate for her enforcement of his extensive child support arrearages. The Mother
does not believe it would be in the Children's best interests to move out of the area to be in the
Father's custody as they are well adjusted in their childcare and school in New Cumberland. The
Mother expressed concern that the Children come back from periods of custody with the Father
repeating racial and sexist slurs and profanity. The Mother alleges that the Father allows the Children
to hear telephone messages to his attorney and to read inappropriate and nasty emails to the Mother.
The Mother strongly opposes the Father's request for a change to the custody schedule.
7. The conciliator discussed with the parties the options of having a custody evaluation
performed to obtain professional recommendations regarding the Children's wellbeing in light of the
acrimonious relationship between the parties and the serious allegations raised by each party
concerning the other. The option of co-parenting counseling was also discussed and the parties agreed
that their counsel would continue to discuss the possibility of initiating counseling, for which the
Father agreed to travel to the York area. The parties' counsel requested that a hearing be scheduled on
the outstanding Petitions.
8. Accordingly, the conciliator submits an Order in the form as attached scheduling a hearing.
Counsel request that a full day be set aside for this matter.
D !g7-Co ?-
Date V Dawn S. Sunday, Esquire
Custody Conciliator
ALEDi-0 'CE
OF THE
2009 JUN 16 AM 10: 19
~ ' 10/13/10=4:55 PM=db-felton petcontempt=f#3
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICK FELTON, NO. 09-2066 CIVIL TERM
PETITIONER
v.
CIVIL ACTION -LAW
AMY L. FELTON,
RESPONDENT CUSTODY
PETITION FOR CONTEMPT AND. MODIFICATION OF CUSTODY
ON THIS ~ day of ~CtZ1~9ti- , 2010, comes Petitioner, Patrick Felton, by
and through his attorney, Hoffmeyer & Semmelman, LLP and David C. Schanbacher, Esquire, and files the
following Petition for Contempt and Modification of Custody, and in support thereof avers as follows:
1.
Petitioner, Patrick Felton (hereinafter referred to as "Father"), is an adult individual who
presently resides at 1616 Alston Road, Towson, Baltimore County, Maryland 21204.
2.
Respondent, Amy L. Felton (hereinafter referred to as "Mother"), is an adult individual who
presently resides 1102 Market Street, Unit 7, New Cumberland, Cumberland County, Pennsylvania
17070.
3.
The parties were married on October 31, 2000, and subsequently divorced in 2006 in the state of
Florida. There were two children born of the marriage, namely: Tabitha A. Felton, year of birth 2001
(age 9) and Gracie E. Felton, year of birth 2003 (age 7).
4~
~~~'~~
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~,~ asrt~
~ 10/13/10=1:50 PM=db=felton petcontempt=fll3
4.
The parties entered into a comprehensive Mediated Settlement Agreement dated April 7, 2006,
which was adopted as an Order of Court in the state of Florida, in the Circuit Court of the 17t1i Judicial
Circuit, in and for Broward County, Florida, Docket No. 0514266(35)(91). Acopy of the Agreement is
attached as Exhibit "A" and incorporated by reference herein.
5.
As part of that Agreement, the parties stipulated to certain custody rights which were attached to
Exhibit "A" as Parenting Agreement Dealing with Minor Children Issues signed on March 9, 2006.
6.
The parties Agreement was registered in Cumberland County, Pennsylvania to the above-
referenced docket number on April 2, 2009, since neither party nor the children reside in Florida, and
Mother and the children now reside in Cumberland County, Pennsylvania.
7.
Pursuant to their 2006 agreement, the parties share legal custody with Mother having primary
physical custody of the children. Father was to have alternate weekends plus weekly visitation one night
each week as well as vacations during the summer time. They also share custody on every holiday,
including school and religious holidays. The Christmas vacation was divided so that the custodial parent
had the children for the first five days (including Christmas Day) in odd numbered years while the non-
custodial parent had the children for the balance of the Christmas break. In even numbered years, the
non-custodial parent had the children for the entire holiday period.
2
10/13110=1:50 PM--db--felton petcontempt=S13
8.
On or about May 4, 2009, Father filed an Emergency .Petition for Contempt to Modification
citing issues of the health and welfaze of the children, the lack of communication from Mother with
regard to the children's well being, Mother's refusal to allow Father his periods of custody on alternate
weekends, as well as school holidays in the calendar year 2008, Mother's attempt at enrolling the
children in counseling without .Father's consent, decisions regazding health, religious and seculaz
education and provision of school records and notice of school events, dispazaging comments,
communication with the children during the other pazent's period of custody, and receiving copies of
report cards and other school related notices, and physical threats from Mother's pazamour on July 5,
2008 regazding issues between Mother and Father in which Mother's paramour had no right to be
involved. Further, Father requested a change which would allow him majority physical custody of the
children subject to Mother's rights of partial physical custody.
9.
A conciliation conference was scheduled with Dawn S. Sunday, Esquire on June 4, 2009.
However, the parties were unable to reach an agreement at the conference and a hearing was scheduled
before The Honorable M.L. Ebert, Jr. for October 21, 2009.
10.
In the week preceding the scheduled custody hearing, Father made an offer to settle the case to
Mother. A copy of the letter dated October 15, 2009 is attached as Exhibit "B" and incorporated by
reference herein. After a great deal of back and forth between the attorneys to clarify the specifics of the
Agreement, the parties did reach such agreement. Counsel for Father intended to appear with Father at
3
12.
10/18/10--9:31 AM=db--felton petcontempt=f#3
Again, no response was received from Mother's counsel in spite of a message left on January 12,
2010 with counsel's office. On January 20, 2010, counsel for Mother faxed a letter indicating that he had
received his client's observations and comments but was preoccupied with another case and would be in
touch "early the next week."
13.
It was not until February 12, 2010 that counsel for Father received counsel for Mother's
responses.
14.
Some of Mother's edits in that February 12, 2010 communciation are not agreeable to Father,
because they were contrary to the parties' October 2009 Agreement which indicates Mother and her
counsel misrepresented themselves to Father, his counsel, and the Court, considering that Mother,
through her counsel, indicated to the Court that the settlement was offered by the Father, the Mother's
counsel and Father's counsel went back and forth over the specifics, and then Mother's counsel
communicated to the Court on October 20, 2009 that an agreement had been reached. Of particular
concern is disagreement on the language regarding the time Father has for custody during the summer
with the children. There is much disagreement whether Father gets to keep his normal bi-weekend
visitations during the summer in addition to his summer vacation. Mother does not agree. Several letters
were exchanged between counsel regarding these issues.
5
10/18/10:32 AM=db=felton petcontempt=f#3
15.
To date, no Stipulation has yet been executed by either of the parties despite the good faith
efforts of Father and his counsel and the representation by Mother's counsel to the Court in October
2009 that an Agreement had been reached and a Stipulation for the Court to adopt as an Order was
forthcoming.
16.
Father did not withdraw his Emergency Petition for Contempt and Modification from 2009 and,
therefore, those issues are still properly before the Court. Further, since no new Order has been entered,
the only Order in effect for enforcement is the 2006 Florida Order which was registered for purposes of
full faith and credit on Apri12, 2009.
17.
Father now has additional issues for contempt with regard to Mother as follows:
A. Encouragement of Love and Affection. Pursuant to Paragraph lld of the Parenting
Agreement, the parties are to ensure that the children maintain unhampered contact with
both parents and shall give their best efforts to encourage and foster the maximum
relations of love and affection between the children and their other parent. Mother
continues to impede Father's attempts to stay in contact with his daughters, by restricting
the use of their cell phone (placing it on top of the refrigerator out of their reach or in the
bi-weekend visit suitcase which is then put away out of the child's access), as well as
demonstrating expectations of Father, manipulation of Father, and partiality of adhering
to strict performance of the unsigned Settlement Agreement on behalf of Father while the
Mother ignores not only the unsigned Settlement Agreement, but also the 2006 signed
Agreement, which is now registered in Cumberland County.
B. Health and Welfare of the Children. Both parties are responsible under the shared legal
custody provision to discuss with each other issues regarding the children's health,
welfare and education and upbringing. Further, they are to provide each other notice
regarding doctor appointments. For example, in September 2009, Father, acting within
his rights under the 2006 Agreement, sent a written request to Tan and Garcia Pediatrics,
in order to obtain records due to his concern of a rash on Tabitha's left elbow which was
6
10!13/10=1:50 PM=db=felton petcontempt=i#3
persistent. Father discovered that the pediatrician, Dr. Tan, referred Tabitha to a
dermatologist for an appointment on April 24, 2009. Father reviewed the dermatologist's
consult notes and noted that Tabitha was prescribed a topical agent, and if the rash
continued after two weeks, to return for care. Tabitha was never taken back for afollow-
up appointment and further attempts by her mother at determining the reason for the rash
or further treatment of it. Father out of concern for the lack of follow up by Mother and
his suspicion of a food allergy, made an appointment with an allergist and dermatologist
in December 2009. Father informed Mother via a-mail of his concerns and the
appointments. The dermatologist prescribed a topical cream (which Father paid for) and
Father divided the cream in half so that Mother would have half at her home. for
treatment. By way of further answer, in February 2010, Father informed Mother that the
children had follow up appointments with anallergist/dermatologist on February 12,
2010. February 12, 2010 was to be a school holiday and per the Settlement Agreement
any school holiday adjacent to a bi-weekend visit with Father would be available to
Father for custody. However, due to previous missed school days from snow, February
12, 2010 was designated a snow make-up day. Father verified with the school that the
children would be excused from the absence so long as they provided a note from the
doctor. Father e-mailed Mother on February 9, 2010 at her work and personal a-mail
addresses in the morning that he would not be coming for the Tuesday night visitation
due to the inclement weather (snow storm). He also used this opportunity to remind her
of the appointment on Friday. Father received no response from Mother but did receive a
phone call from the child at 6:05 PM regarding his evening visit. Father told the child and
Mother, who was listening in, that he had already sent an e-mail in the morning advising
Mother he would be unable to come. Mother was apparently irritated at this because she
was late for an appointment. Father forwarded the original a-mail to Mother again and is
quite sure she received it since she owns an I-Phone. Further, Father received no notice
that the a-mail did not go through.
Father received no response from Mother to his a-mails and proceeded to the normal
custody exchange point on Thursday, February 11, 2010 to pick up the children for his
weekend visit. He waited for two hours but Mother never appeared. Father believes that
Mother was irritated that he missed his Tuesday night visitation and decided to retaliate
by not providing him notice she would not bring the children down for the exchange on
Thursday which also necessitated the children missing the previously scheduled doctor
appointment on Friday.
Mother is also not following up with recommended repeat doctor appointments nor is she
following the directions of the dermatologist with regard to care of the children by using
prescribed creams and particular brands of soap to prevent outbreaks of rash.
7
10/18/103:33 AM=db--felton petcontempt=fk3
C. Decisions Regarding Health, Religious and Secular Education and Being Provided
School Records and Notice of School Events. Mother is still not providing the pazental
support needed for Tabitha to excel in school. Father attended a pazent/teacher
conference in December 2009 wherein Tabitha's teacher cleazly stated that Tabitha's
book bag and homework/class work review folder should be accompanying Tabitha on
her bi-weekend visitations to Father. Mother has continuously failed to include these
items with the children's belongings. One example occurred in January 2010 when
Tabitha was provided with extra credit math homework on Monday, January 11, 2010,
with the assignment being due February 9, 2010. Tabitha informed Father of this at her
Tuesday visit with him on January 12, 2010, and that she would like to work on this with
Father at her weekend visit of January 15 through January 18, 2010. However, Mother
neglected to pack the folder which also contained an assignment for Social Studies.
Father had to disturb the teacher over the weekend with an e-mail to clarify the
assignment so that the proper materials would be obtained. Father did complete the extra
credit math homework with Tabitha which he gave to Mother upon the return of the
children to Mother on January 31, 2010. However, it was not turned in by Februazy 2,
2010, and Father instructed Tabitha to inform her Mother immediately on February 3,
2010 to locate the envelope and put it into her book bag to be turned in. The weekend of
February 12 through February 15, 2010, Tabitha's book bag did not accompanying her to
Father's house nor the academic folder. Father also did not get it for his Tuesday evening
visitation on February 16, 2010. Father continuously received notifications from
Tabitha's teacher about incomplete homework assignments. All of these should have
been completed during Mother's period of custody.
D. Extracurricular Activities. In spite of the parties sharing joint legal custody, Mother
continuously enrolls the children in activities which affect Father's periods of custody
without consulting Father. These activities include Tabitha being enrolled in cheerleading
for St. Theresa School basketball, both in the 2008-2009 and 2009-2010 school years;
enrolling Gracie in soccer in 2009, and enrolling Gracie in a developmental basketball
program in 2010. Despite Mother's having enrolled the children in these activities
without consulting with Father, Father provided 2 '/2 years of support of these pursuits by
transporting the children from his home in Towson, Maryland to New Cumberland,
Pennsylvania and surrounding azeas and back to Mazyland, sometimes driving on both
Saturday and Sunday, in addition to driving up on Friday nights and again on Sunday for
exchanges from January 2009 to Mazch 2010. Father, on the other hand, asked Mother in
January 2010 whether the girls could participate in a lacrosse league as the girls had been
requesting the ability to participate in such league. This league takes place in Maryland
where Father lives. Father asked Mother again two weeks later and followed up again on
February 9, 2010. (as of Spring 2010 there was no opportunity for the children to pursue
girls' recreational lacrosse activities in the New Cumberland, Pennsylvania azea). Mother
systematically continues to ignore Father's attempts at communication and discussing the
childrens' participation in lacrosse in the Lutherville Timonium Recreational Council
8
10/18/10=9:34 AM=db=felton petcontempt=f#3
Lacrosse program (an in-house league where no scores are kept, the teams do not
represent an academic facility, nor a municipality and do not participate competitively
against other municipalities), despite the childrens' growing anxiety over the approaching
deadline for registration. Mother then chose to ignore supporting the children on the
Sunday afternoons of May 2, May 9 and May 16, 2010, when the children wherein
Mother's custody, effectively not only denying the children an opportunity to pursue a
sport they have said they desired to play, but also inconvenienced the coaches, players
and family members of the players on the respective teams. However, Mother continues
to enroll the children in activities that affect Father's periods of custody without any
consultation whatsoever. During the summer of 2010, Mother informed Father at the last
minute that the girls were registered for Vacation Bible School (which is not a
requirement for their education at private school) which was affecting Father's Tuesday
evening visitation hours on June 15, 2010.
E. Mother violated the 2006 Agreement and the current Settlement Agreement again in the
fall of 2010 when she registered Gracie for soccer with the Fusion FC club in Etters,
Pennsylvania without consulting Father. She then threatened Father via a-mail (and
copying Father's attorney as well) that Father would be in violation of the Parenting
Agreement if Father did not bring Gracie to her soccer games during Father's weekends
of custody. Mother also insisted both children be brought to Etters, Pennsylvania for the
games, even though only one of them was participating.
Father registered .Gracie for the Lutherville-Timonium Recreational Council soccer,
which is very similar to the Fusion League in Pennsylvania. However, Father had no
expectation for Gracie to attend Thursday practices or every other Saturday games, when
Gracie would be in Mother's custody. Father is also a coach for this league. Gracie
attended a game in Mother's Fusion League on September 18, 2010 and in a game in
Father's league on September 11, 2010.
However, on September 23, 2010, Mother informed Father she would not be bring the
children to the scheduled exchange on Friday, September 24, 2010 because Gracie had a
game on Saturday, September 24 and, therefore, Father could pick the children up at
11:00 AM in Pennsylvania on Saturday. Father's counsel attempted to speak with
Mother's counsel on Friday, September 24 due to the urgency of the issue, but secretary
for Mother's counsel said counsel was `out for lunch" even though he could be heard
speaking in the background. Father's counsel attempted faxing a letter to Mother's
counsel six times that afternoon but could not get it to go through (despite having
received a letter from Mother's counsel via fax within the hour before the first attempt).
9
10/13/10=1:50 PM=db--felton petcontempt=f#3
Father went to the exchange point on Friday, September 24, 2010, but Mother never
appeared. Mother called Father at 11:45 AM on Saturday, September 25, 2010 (Tabitha
was forced to call on Mother's behalf) to ask why Father was not at the exchange point.
F. Disparaging Remarks. Mother continues to pry information from the children as
exhibited by an exchange Father overheard between the children and Mother during the
summer of 2010. Father overheard the children speaking with Mother on speakerphone
wherein she was interrogating them as to where they go to summer. camp, who takes
them, etc. Mother then proceeded to harass Father with a series of text messages accusing
him of disfiguring the children with haircuts and piercing, using cheap hair products and
permitting the children to swim every day in his pool. Mother failed to recall that she is
the one who had Tabitha's ears pierced and Father allowed Gracie to do so afterwards;
that Mother had Tabitha's hair cut in the exact same length as Father had done; and that
Mother allows the children to swim in the pool at day care every day; where there are no
shower facilities to rinse the pool chemicals after swimming (as opposed to Father's day
care center in Maryland which has such facilities) and that Father utilizes the same hair
care products as Mother sends in the children's luggage.
Further, Mother has made disparaging comments about Father's current wife with regard
to doing craft activities with the children to the effect "I'm creative too, but I don't have
the time," despite the fact that Father's wife works full-time in the legal department of a
large company, is pursuing a Master's Degree at Notre Dame, and is the mother of a 2-
year old daughter. Mother has also made disparaging comments about Baltimore being
"too big a city" even though Father does not live in Baltimore city, but in Towson (a
suburb).
G. Make Up Time. Mother's behavior has caused Father to miss several Tuesday evening
visits with the children as well as some bi-weekend visits over the summer due to the
disagreement over the summer schedule. Father notified Mother's counsel of the intended
make up nights but when Father appeared to pick up the children, the children were not
ready to go with Father and Mother refused to permit them to spend time with him. Those
dates are:
1) June 8, 2010 (when the children were taken to a great aunt's house near Penn
State "because summer camp wasn't ready").
2) June 15, 2010 (when the children were enrolled in a Tuesday evening activity
during Father's custody time without Father's knowledge or consent).
3) June 18 to June 19, 2010 (one of Father's bi-weekend visits which Mother claims
do not apply due to the summer schedule).
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10113/10=1:50 PM=db=felton petcontempt-i#3
4) August 13 to August 15, 2010 (the other bi-weekend visit of Father during the
summer. See No. 3)
5) August 24, 2010 (when Mother was "on vacation" at the great aunt's house with
the children and claims "Father's attorney office did not relay a message from
Mother's attorney that she was on vacation and the children were not available").
6) September 24 to September 26, 2010 (Father's weekend of custody when Mother
withheld the children).
WHEREFORE, Father respectfully requests that this Honorable Court grant the following
relief
A. Mother is found in contempt and directed to abide by all the provisions of the Parenting
Agreement which has been registered as an Order in Cumberland County, Pennsylvania.
B. Father is permitted make up time for those Tuesday evenings and weekends when he has
not had custody of the children per the parties' agreement. (June 8, 2010; June 15, 2010;
June 18 and 19, 2010; August 13 and 14, 2010, August 24, 2010; and September 24 and
25, 2010.)
C. Mother shall pay Father counsel fees in the sum of $750.00 for the preparation of this
petition together with additional fees and costs if this matter proceeds to a hearing.
D. Any other equitable relief the Court deems appropriate.
COUNT II -MODIFICATION
18.
Paragraphs 1-17 are hereby incorporated by reference as if set forth at length.
19.
Mother continues to discipline the children inappropriately, by washing their mouths out with
soap for talking back, forcing them to swallow the water and soap mixture and if they throw it up,
following the same process all over again; or alternatively hitting them either with her hand or with a
wooden spoon or plastic spoon after they have been required to disrobe their lower extremities. After the
11
10/13/10=1:50 PM=db=felton petcontempt=f#3
October 2009 hearing was cancelled, Tabitha told Father,. "I can't believe I didn't have the chance to
talk to the judge and tell him the horrible things Mommy does to me because Mommy decided not to go
to court."
20.
Mother continues to thwart Father's attempts to have a loving relationship with his children.
Mother is not considering what is best for them, including fostering a relationship between Father and
the children.
21.
Father has concerns that the children are not achieving to their academic abilities, nor being
challenged to achieve anything above status quo, and that Mother is not providing them with the
appropriate nurturing environment to which they are entitled. Further, now that Mother is no longer
residing with maternal grandmother (who passed away in 2009), Father has serious concerns that the
children are not being properly cared for.
22.
Father has also received a report from a family member who witnessed Mother consuming
alcoholic beverages and then putting the children in the car and driving. Father has serious concerns for
the safety and welfare of the children while in Mother's custody.
Tabitha has also told Father of her concerns about this, giving Father examples of Mother
drinking alcohol at places like Texas Roadhouse in Camp Hill, Pennsylvania and that she, Tabitha, will
attempt to get a ride home with another family member.
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10/13/10=1:50 PM=db--felton petcontempt=f~3
23.
The best interest and permanent welfare of the children will be served by modifying the current
Order as follows:
A. Majority Physical Custody. Father shall have majority physical custody subject to
Mother's rights of partial physical custody, commencing immediately. Such request shall
require the Court to consider the Gruber relocation factors.
B. Partial Physical Custody. Mother shall have periods of partial physical custody as
follows:
(1) Alternate weekends from Friday at 7:00 PM until. Sunday at 7:00 PM.
Transportation of the children for all custody cxchanges shall be shared equally
by the parties. The parties shall meet at Exit 16A (Cracker .Barrel, Queen Street
Exit) on I-83 to exchange the children for all periods of custody.
C. Conciliation. A conciliation conference shall be scheduled to establish additional- periods
of custody to be determined by the Conciliator.
24.
Each parent whose parental rights to the children have not been terminated, and any person who
has physical custody of the children has been named parties to this action.
WHEREFORE, Father respectfully requests this Honorable Court grant the following relief:
A. Majority Physical Custody. Father shall have majority physical custody subject to
Mother's rights of partial physical custody, commencing immediately
B. Partial Physical Custody. Mother shall have periods of partial physical custody as
follows:
(1) Alternate weekends from Friday at 7:00 PM until Sunday at 7:00 PM.
Transportation of the children for all custody exchanges shall be shared equally
by the parties. The parties shall meet at Exit 16A (Cracker Barrel, Queen Street
Exit) on I-83 to exchange the children for all periods of custody.
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10/18/10=11:56 AM=db=felton petcontempt=t113
C. Conciliation. A conciliation conference shall be scheduled to establish additional periods
of custody to be determined by the Conciliator.
D. Any other equitable relief the Court deems appropriate.
Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP
BY:
David C. Schanbacher, Esquire
Attorney for Peitioner
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
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'~ IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA
FMCE Case No.: OS-14266 (35)(91)
IN RE: THE R~IARRIAGE OF:
PATRICK FELTON,
Petitioner%Husband,
and
AMY FELTON,
Respondent/Wife.
MEDIATED MARITAL SETTLEMENT
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AGREEn'~E
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THIS AGREEMENT, made and entered into this ~ ~' day=chf Ap~fl,
2006, by and between AMY FELTON, hereinafter referred to as the Wife, and
PATRICK FELTON, hereinafter referred to as the Husband.
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WHEREAS, the parties are Husband and Wife and were married to each
other on October 31, 2000, in the State of Florida ;and
REAS, there have been two (2) children born of this marriage, to-wit:
TABITHA FELTON, born April 23, 2001; and GRACIE ELIZABETH
FELTON, born August 27, 2003; no further children are contemplated; and
WHEREAS, the parties desire to settle all of their respective rights and
obligations by this Agreement, as it is their intention to live separate and apart
from each other for the rest of their lives; and
WHEREAS, the parties desire to enter into an Agreement for the purpose of
confirming their separation and making arrangements therefor, including the
settlement of their property rights, the custody rights of their children, shared
parental responsibility, the support and maintenance of the family, and other rights
and obligations growing out of the marriage relationship.
NOW, THEREFORE, in consideration of the mutual promises and
agreements herein contained, th.e said parties have agreed and do hereby agree and
covenant as follows:
1. SEPARATION: It shall be lawful for each party at all times
hereafter to live separate and apart from each other at such place or places as he or
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EXHIBIT "A" ~"~/' ~ ,~
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she may from time to time choose or deem fit. Each party shall be free from
interference, authority and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither party shall molest the .other, compel or
endeavor to compel the other to cohabit or dwell with him or her. Neither party
shall in any way interfere with the other party's private affairs, relationships with
significant others, or social relationships in any manner whatsoever. This
prohibition shall~apply to the parties and their respective friends, co-workers and
associates. Neither party shall in any way defame or disparage the other's character
or the character of the other party's co-workers, associates or subsequent spouses,
if any.
2. SHARED PARENTAL RESPONSIBILITY/ CUSTODY/
VISITATION: The parties acknowledge that both are good parents and desire to
continue being actively involved in their children's lives. The parties agree that
they can together make decisions in the best interests of their children and can
isolate their prior marital conflicts from their role as parents. Therefore, the parties
shall have shared parental responsibility for the minor children born of the
marriage and shall retain full parental rights and responsibilities with respect to the
minor children, subject to the following terms and conditions:
A. The Wife shall have the primary residential custody and
supervision of the minor children, and shall be entitled to relocate to New
Cumberland, Pennsylvania, on or before July 1, 2006. The visitation and shared
parental responsibility are set forth in the attached Parenting Agreement Dealing
With Minor Children Issues.
B. Both parties shall foster and encourage their children's
relationships with both grandmothers.
3. CHILD SUPPORT: The Husband shall pay the sum of $1,600
per month for basic support, payable at the rate of $800 on the first and $800 on
the fifteen of each month, payable to the Broward County Support Enforcement
Division, P.O. Box 14248, Fort Lauderdale, Florida 33301, along with any
administrative fee, beginning on July 1, 2006. Additionally, the Husband shall
pay directly to the Wife the sum of $500 toward the children's daycare/aftercare
expenses only upon the Wife's obtaining full time employment and not prior to
July 1, 2006; said payment shall end six months thereafter, that is, as of January 1,
2007, and in its place, the Husband shall pay the Wife 50% of the then existing
daycare/aftercare expenses for the children. The Wife shall supply the Husband
with written documentation of the daycare/aftercare expenses. For any summer
month in which the Husband has the children for 3 weeks, the child support and
daycare costs shall be reduced by 50%. Lastly, the Husband shall continue the
children's medical/dental/vision insurance premium through his policy until the
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Wife is able to obtain insurance commensurate with the present policy for the
children. The Husband shall then pay the Wife the medical insurance premium for
the two children, up to an amount of $500.00 per month; the Wife shall cover any
additional premium costs. If the Wife is able to obtain less expensive
commensurate health insurance coverage, she shall do so. The parties shall equally
split any co-pays or uncovered medical /dental/ vision expenses. With respect to
the daycare and medical insurance premium, they shall be due to the Wife on the
first of each month; in the event that the Husband is ever more than fifteen (15)
days late in any payment, the payments shall become added to the child support
paid through the SED.
4. INSURANCE: Medical/Life
. Once the Wife has obtained medical insurance for the children, she
shall keep the same in full force and effect and shall provide the Husband with a
copy of the policy and any necessary insurance cards.
The Husband shall. maintain a term life insurance policy in the amount
of no less than $250,000.00, naming the children as beneficiaries, and he shall
provide the Wife yearly proof of same, within ten (10) days of request.
5. AGREEMENT TO MEDIATE: The parties agree that should
any disputes arise regarding the terms of this Agreement, they shall first attend a
mediation with a Florida certified Family Mediator prior to filing litigation, with
the parties splitting the mediation fees 50/50.
6. EQUITABLE DISTRIBUTION:
A. Personal Property: Prior to July 1, 2006, the parties shall
mutually and equally divide their personal household property, and each shall
become the sole owner and possessor of his or her property and each waives all
claims thereto, with the exception of anything contrary set forth below. In the event
of any disagreement, the parties shall submit the matter to Matthew Schaefer for
binding mediation.
B. Vehicles: The Wife shall be entitled to and shall assume full
responsibility for her 2003 Ford Expedition and loan on that vehicle, and once it is
paid off, the Husband shall execute the title over to her. The Wife shall.make
timely payments thereon, beginning April 1, 2006, so as not to endanger the
Husband's credit, and she indemnifies the Husband therefor and releases him from
all liability thereon and shall hold him harmless from any and all liability resulting
from the Ford Expedition loan, including any attorney's fees he may incur.
C. Financial Accounts: Each party shall be the sole owner of any
financial accounts in his or her individual names and the other waives all rights
thereto, including but not limited to any checking, savings, retirement, stock, or
any other type of financial account whatsoever. Additionally, the Husband shall be
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the sole owner of the Pennsylvania State Employee Credit Union account; the Wife
shall have her name removed therefrom within thirty (30) days of the date of the
execution of this Agreement, and shall no longer utilize the account in any fashion
as of the date of the execution of this Agreement.
D.. Husband's Business: The Wife waives any and all claims to the
Husband's sports medicine practice, and the Husband assumes any and all liability
associated therewith.
E. House Proceeds: The Wife shall be entitled to 100% of the net
house proceeds, including all escrowed amounts, with the exceptions set forth
below. Specifically, all expenses of sale, including attorney's fees, real estate
commissions, and other related sale expenses, together with the payment of the
existing first mortgage and the home equity loan shall be paid from the gross
proceeds of the sale of the house. The Wife shall then be entitled to any balance
remaining.
F. Attorneys Fees and Arrears: The Husband shall pay the Wife the
sum of $5,000.00, less credits for $400.00 support previously paid, $200.00 toward
the Wife's February surgery co-pay, and $52.86 for new shoes he bought for the
children, for a total credit of $652.86, with•a resulting balance of $4,347.14 to be
paid on or before April 10, 2006, which sum covers the Husband's contribution for
attorneys fees and the arrears set forth in the Wife's Motion for Contempt, through
March 31, 2006, unless otherwise addressed herein.
G. Children's Stocks/Funds: The stock and mutual fund accounts in
the Husband's name in trust for the children shall remain the children's property,
and the account title shall become jointly titled in both the Husband's and the
Wife's names, in trust for the children, within thirty (30) days of the execution of
this Agreement.
H. Real Property:
1) The parties jointly owned the marital residence located at
911 Nandina Drive, Weston, Florida 33327. The parties shall immediately list the
home with a mutually agreeable realtor at a mutually agreeable price, and both
shall cooperate in all fashion to diligently sell the home at a reasonable fair market
value. If the home is not sold by June 30, 2006, the Husband shall continue to pay
the mortgages (first mortgage and a home equity line) as he has been paying, and
the Husband shall be entitled to a credit for one half of the mortgage amount from
the net proceeds for any months he pays the mortgage beyond June 30, 2006;
however, in the event that the house is still unsold by August 1, 2006, if the
Husband moves into the home, he shall no longer be entitled to a one-half credit
from the proceeds. Other than the above, the Wife shall be entitled to 100% of the
net proceeds from the home sale, including all escrowed amounts.
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7. DEBTS: The parties acknowledge and agree that there are no
joint marital debts between them. The Wife shall assume full responsibility and
liability for all credit card debts in her name, as well as the balance for the GE
Carecredit obligation; however, pursuant to the prior court order, the Husband shall
continue making all minimum payments on the Wife's debts through June 30,
2006. The Husband shall assume full responsibility and liability for all credit card
debts in his name. Neither party shall incur any further debts in joint names, and
each party shall be solely responsible for any debts in his/her individual names and
herein releases and indemnifies the other therefor.
8. TAXES: The Husband has, for the tax year 2005, filed his
return as head of household, filing separately. He has taken the two children as his
dependents and exemptions, along with the mortgage interest on the home. The
Wife approves of this arrangement and waives any and all rights to any refund that
the Husband may receive as a result of the filing of his 2005 tax return, and he
shall assume full responsibility and liability for any tax deficiency or penalty
associated therewith. For the tax year of 2006 and thereafter, the parties shall file
separately, and each party shall be entitled to one child as a dependency
exemption; once there is only one- child, the parties shall alternate the same, with
the Wife having it in odd years and the Husband having it in even years. For the
tax year of 2006, the Husband shall be entitled to the mortgage interest deduction.
Both parties affirm and acknowledge that they have not relied upon the advice of
attorneys and that they have been advised to seek professional tax assistance if they
have any questions regarding the same.
9. DEFAULT: In the event that either party to this Agreement
defaults in his or her obligations hereunder, the party in default shall be liable to
the non-defaulting party for all reasonable expenses incurred, including attorney's
fees, in the enforcement of obligations created by this Agreement.
10. ACKNOWLEDGMENT AND RELEASE OF HUSBAND: The
Husband acknowledges that he has been advised of the contents of this Agreement
and has been represented by Allan M. Glaser, Esquire. The Husband further
acknowledges that the Wife has disclosed to him the amount and nature of her
assets and liabilities and has represented to him the amount of her present income,
all of which representations the Husband has relied upon. The Husband further
agrees and does hereby release, discharge and exonerate the Wife from any and all
claims for dower, special equity, division of property, inheritance, descent and
distribution, and/or preference as personal representative, except as herein
.provided.
Subject to the provisions of this Agreement, the Husband releases and
discharges and does by this Agreement for himself and his heirs, legal
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representatives, executors and assigns, release the Wife of and from all causes of
action, claims, rights or demands whatsoever in law or equity, which he ever had
or now has against the Wife, except any and all cause or causes of action for
divorce. The Husband has provided a Financial Affidavit in this cause which he
represents is true and accurate and the Wife and relies thereon.
11. ~ ACKNOWLEDGMENT AND RELEASE OF WIFE: The
Wife acknowledges that she has been advised of the content of this Agreement and
she has been represented by Karen M. Zann, Esquire. The Wife further
acknowledges that the Husband has disclosed to her the amount and nature of his
assets and liabilities and has represented to her the amount of his present income,
all of which representations the Wife has relied upon. The Wife further agrees and
does hereby release, discharge and exonerate the Husband from any and all claims
for dower, special equity, division of property, inheritance, descent and
distribution, and/or preference as personal representative, except as herein
provided.
Subject to the provisions of this Agreement, the Wife releases and
discharges and does by this Agreement for herself and her heirs, legal
representatives, executors and assigns, release the Husband of and from all causes
of action, claims, rights or demands whatsoever in law or equity, which she ever
had or now has against the Husband, except any and all cause or causes of action
for divorce. The Wife has provided a Financial Affidavit in this cause which she
represents is true and accurate and the Husband relies thereon.
12. INDEMNITY OF HUSBAND: The Husband warrants that
except as otherwise herein specifically provided:
A. He will not at any time hereafter contract any debt, charge or
liability whatsoever for which the Wife, her legal representatives, heirs, assigns,
property or estate shall or may become liable.
B. He will save the Wife harmless against any debt, charge or liability
hereafter contracted by him.
13. INDEMNITY OF WIFE: The Wife warrants that except as
otherwise herein specifically provided:
A. She will not at any time hereafter contract any debt, charge or
liability whatsoever for which the Husband, his legal representatives, heirs,
assigns, property or estate shall or may become liable.
B. She will save the Husband harmless against any debt, charge or
liability hereafter contracted by her.
14. REPRESENTATIONS: The parties represent to each other:
A. Each party has had an opportunity to obtain independent legal
advice of his or her own selection in the negotiation of this Agreement; if the same
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has not been obtained, the party not obtaining the same shall have waived his or
her rights thereto. Each party understands the facts and has been fully informed as
to his or her legal rights and obligations, or has waived the same, and each has
signed this Agreement freely and voluntarily, intending to be bound by it.
B. Each has made a full disclosure to the other of his or her current
financial condition.
C. Each understands and agrees that this Agreement constitutes the
entire contract of the parties. It .supersedes any prior understandings or agreements
between the parties upon the subject covered in this Agreement. There are no
representations, warranties, covenants or undertakings other than those expressly
set forth herein.
15. ATTORNEY'S FEES AND COSTS: Each party shall be
responsible for his or her attorney's fees and costs.
16. FUTURE DOCUMENTS:
A. Additional Documents: All parties shall at anytime and from
time to time hereafter take any and all steps and execute and deliver any and all
further instruments that a parry may reasonably require for the purpose of giving
full force and effect to any of the provisions of this Agreement.
B. Estate Representation: All of the parties hereto covenant and agree
that at the request of any other party, or in the event of his or her death at the
request of his or her personal representative, administrator, or other legal
representatives, he or she shall execute and deliver any and all necessary proper
instruments to carry out the purposes and intent of this Agreement.
C. Failure to Execute: In the event that either party shall fail, refuse or
unreasonably delay executing or delivering any necessary or needed documents to
carry out the purposes and intent of this Agreement, then the person failing to
execute and deliver said documents shall be liable for any reasonably attorney's
fees and costs incurred from said individual's failure and/or refusal to timely
execute those documents.
D. Self-Execution: In the event that either party shall fail to timely
execute appropriate documents, then this Agreement shall operate as an execution
of those documents that should have been executed by any and all parties.
However, the party who fails to timely execute those documents shall still be liable
for any reasonably attorney's fees and costs resulting from the failure and/or refusal
to timely execute those documents. The parties agree that the provisions of this
paragraph shall not be construed as abrogating in any way the provisions made in
the preceding paragraphs of this Agreement which require the actual execution of
certain documents, nor shall it be construed as the execution of a note or any other
assumption of indebtedness.
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17. ENTIRE AGREEMENT: This Agreement, from the time it
shall take effect, shall supersede any and all prior Agreements whether claimed to
be oral or in writing. The parties have incorporated in this Agreement their entire
understanding. No oral statement or prior written matter extrinsic to this
Agreement shall. have any force or effect.
18. AGREEMENT NOT MERGED: It is understood and
agreed that this Agreement will be offered into evidence by either party in any
dissolution action, and if acceptable to the Court, shall be incorporated by
reference in the final judgment of dissolution of marriage. However,
notwithstanding incorporation in the judgment, this Agreement shall not be merged
in it, but shall survive the judgment and be binding on the parties for all time.
19. EFFECTIVE DATE OF THIS AGREEMENT: The effective
date of this Agreement shall be the date upon which the last party hereto executes
the same. This Agreement shall not be introduced into evidence in any court
proceedings whatsoever unless executed by all parties to the Agreement.
20. ENFORCEMENT OF AGREEMENT: The parties
specifically agree that all terms and provisYOns of this Agreement shall be
enforceable by by the Circuit Court of Broward County, Florida.
21. OTHER PROVISIONS: Except as otherwise provided in this
Agreement:
A. Each party releases the other from all claims, demands, debts,
rights or causes of action up to the date of this Agreement, and except for any
claim which may be found within this Agreement.
B. Each party hereby irrevocably releases and relinquishes all
claims, rights and interests which that party may now have or may hereafter
acquire in any property, real, personal, or mixed, of the other party, whenever and
however such property may have been or may be acquired by the said other party,
and each party represents that all of said property, real, personal, or mixed, owned
by either of the parties at the time of their marriage or subsequently acquired,
separately or together, and owned by the parties or either of them at the time of
their separation, has heretofore been equitably divided and apportioned between
them and each party hereby ratifies and affirms that division.
C. Each party hereby irrevocably waives and releases the other
party from any and all claims that he or she may now have or may hereafter
acquire for alimony, support or maintenance, except for what is provided by the
terms of this Agreement.
D. Each party waives, releases, and relinquishes all rights that he
or she may have or may hereafter acquire as the other party's spouse under the
present or future laws of any jurisdiction: ,{
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(1) To elect to take against any Will or Codicil of the other
party now in force. This shall not apply to any Wills or Codicils executed after the
date of this Agreement;
(2) To share in the other party's estate and to exercise any
right of dower or_ curtsey he or she may now have or hereafter acquire in the other
party's estate;
(3) To act as administrator or executor of the other party's
estate except only as provided by Will or Codicil executed after the date of this
Agreement.
22. ALIMONY: As and for support, the Husband shall pay the. Wife
the sum of $42,000.00, which shall be paid in monthly installments of $1,000.00
per month, beginning July 1, 2006, until paid in full. Said sum shall be neither
deductible nor taxable to either party, and said. amount shall be non-modifiable in
term, amount, or duration for any reason whatsoever. Further, the Wife agrees that
the obligation shall not be enforceable by contempt. Otherwise, neither the
Husband nor the Wife will receive alimony from the other, and each hereby
permanently waives any right to receive alimony from the other, whether
temporary, permanent, periodic, rehabilitative, or lump sum, other than what is set
forth above, now or in the furture.
23. WARRANTY OF THE PARTIES: The parties acknowledge
that the provisions of this Agreement are by them deemed to be fair, adequate, and
satisfactory as to each of them. The parties jointly represent that this Agreement
represents a full disclosure -and a complete resolution of all matters in dispute, and
that neither party has made any representations, promises, or warranties to the
other except as set forth in this Agreement.
24. SEVERABILITY: In case any provision of this Agreement
shall be held invalid or be found to be contrary to or in violation of the laws of any
county, state or other jurisdiction, such invalidity or illegality shall not affect, in
any way, any other provision hereof, and all such other provisions shall continue
nevertheless in full force and effect.
25. INCORPORATION OF PREAMBLE CLAUSES: The parties
hereto hereby agree that all of the preamble clauses herein above set forth in this
Agreement are hereby incorporated by reference into, and are to be considered as
part of this Agreement and all of the parties are entering into same with the full
knowledge of the foregoing facts and agree as to the truth and correctness thereof.
26. LAW AND VENUE: This Agreement is and shall be deemed to
be a Florida agreement and shall be governed and construed in all respects by and
in accordance with the laws of t:he State of Florida.
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27. MODIFICATION AND WAIVER: The modification or
waiver of any of the provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement. The failure of
either party to, insist upon 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.
28. DISPOSITION OF DOMESTIC VIOLENCE INJUNCTION:
An Agreed Order on Temporary Injunction for Protection Against Domestic
Violence With Minor Children was entered in Case No. DVCE OS-4712 (59) on
August 10, 2005. The parties have resolved their issues and no longer require the
provisions of the August 10, 2005, Order; however, the Husband shall continue to
comply with Paragraph 10 (financial obligations) until June 30, 2006. The parties
agree that the Court shall enter an order modifying the Domestic Violence Order,
as set forth above, which Order shall specifically allow the return of the firearms to
the Husband. % •
Y, LTON, WIFE PATRI F, LTON, HUSBAND
STATE OF FLORIDA )
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared, AMY
FELTON, who is personally known to me, or who has produced F~ • ~~- • ~ 3S~G'~2 - ~~ ~ ~~~ ~
as identification, and who, after being duly sworn by me, deposes and says that she
is the person who executed the foregoing Marital Settlement Agreement and the
facts contained therein are true and correct to the best of her knowledge and belief.
SWORN TO and SUBSCRIBED before me this the -7 day of fi~~~•~-
2006.
Notary blic `
My commission expires: =~""r~",~. Notary Public StateoiFlorida
Gloria Luria Angel
'~ o My Commssion DD520799
for ti°'~ Expirp;, 02121!2010
STATE OF FLORIDA )
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared, PATRICK
FELTON, who is personally known to me, or who has produced
___-_
as identification,-and who, after being duly sworn by me, deposes and says that he
is the person who executed the foregoing Marital Settlement Agreement and the
facts contained therein are true and correct to the best of his knowledge and belief.
SWORN TO and SUBSCRIBED before me this the ~~ day of ~~' ' ,
2006.
________~~ Gr~ ~ I
Notary Public
My .commission expires: ~~
~~}lY P
ro ~ ...~,
ALIjVd aI.ASEA
k4Y CO~AMISSION # DD 2202P0
* * EXPIP,ES: August 31, 2007
Jr~TEIJF ~~'~e $00t1:j TI:r'J 9t:dgM NOMt'f SfSN1CP£
oaiio~zoct ~R: Lida aAx
PARK NG Af.;}REEMENT DEALYNG '~YlTH M11`IO>~CNI LDREIV ISSUES
~poio~eic
' TH1S AGREIIKEN'T made and accreted into tills ~~, day of ~~,~
Z00~, ~by and between PATRICK FELTON, hereinaher called the "Husband", acrd
AMY L. FELTON hereinafter callsd the "Wife". /'
pV I '~' 11t E $ ~, E "P fi: '1 r
WHEREAS, the parties wtstt mancied t0 each other oa ~~+~1, 2000; end ~~,
WI~REAS, there were two children bom of the marriage, specifically:
TABITI!~A ANN FEI.TON bom April 23, ?-OOI, and GRACIE ELIZABETH FELTON
bom August 27, 2003;
~FiEREAS, eo~ctt of the parties has had the adrice of competent Legal counsel
who have represented each of them;
NOW; THEREFORE, ~ in consideration of these premises and other food and
valuable consideration. and of the mutual, protnisc~ hereinafter set forth to be performed
by the parties if it's agreed as follows:
1: S~neiAt~tiot,. 'Thv corufderatiort of this Agreement is the mutual
promises and agreements herein cotrtained.
Z. 'on 'Clue parties have 9eparaced and shall continue to live
sgo+vate and apart during the remainder of their natural lives. Each ahail be free fmm
Intetfereace, authority ttnd convoi, direct and i~odieect, by the other as fu!]y as if he or she
were single and urtmantied.
3. ~pwnurQu~Sitmatures. 'This a~r~ement may be signed in one or
moe+e counterparts each of which, whoa executed with the same formality and in the wane
manner as the original, shall corutitute an orightal.
4. GovernirtgLaw. 'his Agrsement shall bt conswcd and governed in
accordance with the Taw of the Staue of Florida.
3. Myl~tal Understac~d' t~ 't'his Agreement contains the entire
understanding of the parries. 'Tyra ere no representations, promises or undertakings
other chart those expressly set forth heraa.
6. w ~t~f SuicR Pufom~t~nce. 'Tire failure of either parry to Iruist ~~
upon sUict periotttiarace of any of the provisions of t2titr Agreement shall not be cOflitrued
u a asiva of any kind and if tither of the partis' shall fail to insist upon strict
pMot;mance of any of the cartes. conditions or prvtllizes herein contained is shat] not be
-LLAM U. O~-M~~ -.-. ~,~,y~ Gk~IK ~ alM'l W7, ~ ~M» M-Cilrf+f ~OULIVA~O. ~aW, RORfO~ aNr+, TEWwrt peg wsaMt
03/1J%006 FRi 11:15 FAX
P~tridc bI. PeJ1an r. Amy L. re4011 ~
Cw l~io. FMCE OS-l4?~6 f351 l9t)
pa~ndsa /1`n~enant !Page 2
dQemed a vraiver of any subsequent breach or default or the terms, conditions or promises
herele.contained.
7. _ is t~ittn, The article headings of this Agreement are far the
convenience of the reference only ar~d shall not affect the izsttrpretation of any provision
hereof.
f3, ~,Roaledgg of Contcrits and RepreseettatiQits:
A. The Wite lta9 had indeper~derit legal 0dvict by couroel of her own
" selection in the prepararion of this Agreement specifically,
KAREN ZANN, ESQ. The Husband hu had independent legal
advlce by coutucl of his own aelaction in the preparation of this
Agreernetnt, specifically, himself,
B. Each party fully urtdeextrtat}ds the facts, and each is sigiing this
Agreement freely artd volurtarily, intending to be bauid by it.
9. Authors in thQ .event chat it becaaes necessary for arty rca9on to
construe this Agreement a, permitted by the Rules of Evidance of rho State of Florida,
this Agreement will be cortstivod as being jointly prepared end written by all panles
hereto.
10. Partial- Invalidity. If arty provision of this AgMernent is held to be
inv.lid of unenforceable, a]) of the other Pro+risions shall ncvertheloss coMlnuo in full
tore and effect.
l 1, Parental Rrsportaibilit~of Minos Cftild:
A. The parties shell have shared pttrerrtel responsibility of the tAinor
cbildran, Each recogtaisea the deep love, devotion, end dedication
of the other to the children Each raeognizes that the other hoe th0
right to, attd steel[ fu11y p~atticipate with the other and with the
children, in all-famtpottant mattars pertaining to the children's
health, welfsre, educadoo end upbringing. The Wifc shall be
deemt:d tRa ptjtn8ry cesidelttial p0reet of said children. 'ire
Husband shall lyavc liberal and frequent contact and access •~ith his
children. The minimum contact and 4CC@as to which the Husband
shall be e~tided is:
~l1Jw r. o WlR. ~..~-. a»ctr++a ewnr+ti-sun .c~, ~ tisus a.r~rnft (a011tivAilO, MO w. /u~.o. say ~~. te~.iwa+i (1Cfa1 /•aMo
~~ ^~ ~
~`
I
1 ~-.,_.._....~~.~_.....
p=f1Cf2,006 FRI lls 16 FRX
vJv a.. v
~_• Pntrick M. Fdtoa r. M~ 4. Felten
Clot 1~Io. FM CE QS-1a?+Q6 1753 t9t1
PvartdnQ ,larxrncnt / P~~s ~
i. 'The Husband shall have altemaie weekends with the children
rt8iding with hlm from Friday at 5:30 prn. until Sunday at 7:00
p.m.
;1. The Rttsband shall have weekly visitation orre eight each week
picking the childret t:p, having drone: w;th them,. and returning
them at their bedtime.
iii. the HV6band dull have the children reside with him follow;n¢
one ace after the r farm en~ds~. ar:"•.~{ ~ , ~a.:1: ii:.~d ~ A 3
COn`~~rrA b, ~~~ W~ `"~':~'Y'"acd~tecl day~~u - gothe C~risuriac~U"~'~'~
~ ~Qr(i ~ ~ tM~ ~ holiday vacation perioti~Al] ocher holidays including school
holidays shall be equally divided betwecn the parties. g~ ~
r' ~
B, All decisions regarding the health, rcl~gious and secular education l
04 the children. theit. travel, weMare, and upbringing shall be made
on a joint deciision malting basis
C. l.,ach party shall notdy the othet promptly of any aeriovs illness or
accident befalling any of cite minor children.
D. Encotsng_eme~c t,afLave attd ffeotiQn: F.acb p:rty shall attempt to
eruu.re that tits chiildcert maintain unhampered contact with both
part[es and each shall not do anything that would estrange the
children from the other parry or that would impair the natural
developrf+nnc of thv children's love emd respect for e;thtr party.
Both panties shall exercise in the utmost of good fa;th, his or hat
beet efforts at all times uo encourage and Foster the. maximum
relations of.. Love and affection between the Children and their
mother and Father. Neither shah in any way impede, obstruct, nor
imerfare with the exercise by the other of his or her right of
cornpaninxl9hlp with the Childrt-tt, and neither of them at any time
shaft in any masttlor disparage nor Criricize the ocher parent, nor ~i
N10w others to do !0 in the presarice of the chxldrart.
E. Both pattiaa shall be entieJmd to panicipate with and attctid spacial
aetivities in arhieh t?te children are engaged, such es religious
(~ acii~ities, tch~ool progrwroei, sports events atsd ocher extracutrtcular .//~
~~~ /
~etivities, pi'ogrsmY, and im}~-ottartt social events in which the L
wl1AY V. 6LaKr1,R~,, ~gC~YY[ cd~TMC-14RFwr, t'1~00 s~0aY11t wu«rMR ho AIM, RdAe~ aa.ai,r~CMOK fMN1~s~~ ~ f ~I p%~•~+r
o~ odo~j ~urj ~e ~csav~.'~f w~~// ~B N a//,r e/.'~:Cd c~IG..~ J
~Q ~ (+~~ 1 ~}Y'` ~d11c~ (~l~ ~,~,} ~-~ ~n~~~ G~a~ f~ ~~~ I-F ~i~~~ f /1~C1 ~4'i~~~ s%{ r ~~ r~i /i"l ~ ~~ .
~3/10'/ZG06 PRI Ll~lf ~Ax
Patrick M. P~tmn ~. Amy L. F'elEon 1
Cw No. PMCb QS-l1~ (35) 1911
Perrnclnt l~recrkni / Pia ~
children are in or in ~vhiclt they may be engaged or involved. Each
parent shell be entitled to receive all school records of the children
and notlee of any school events.
F. Both petits shall pa>nicipat~e in ell major decisions affecting ehe
child.
G. Frtter¢cncv Decisions-Unilatara]~ Permi~ued: It ), understood
that some decisions must be made on an emergency-type basis, and
in such event each of these putties grants the other the right to
make such deeiaivns and each to obligate the Ocher tinder those
cireutrutar,ces in tlae event of a true medical or ether emergency on
behalf of the children. In the event of any such emergency, the
next duty of t#,,e parent wit}t whom the child or children are at the
time of the emeTgenc~r shall htr+e the obligation to imrriediately
inform the other parent as soon ss pcactiuble niter the ocet,rtettce.
H. O~sn Televhonie Communication. 1iV?tcrl the Childt~en are wittl
the other par~rlt, the, pacint with whom the Childtt:n era not shall
have opus and tt•asoclab~ie ri~1t of celephortiic Communications arith
the Ch[Idrtn as all limos.
L Notification and Alas in the I~_vent of Alzuucs or Accident Each
of the partees agree ttlat if either of them has arty knowledge of any
illttass a accident or other circvrti:tattccs seriously affecting the
Childt~eA'a health and general welfare, either Flusband or Wife, as
ttu case may be, will promptly notify the othier of such
circtnctstancea, and the party who is notified shill have immediate
access co the Citl'ldren, notwithstanding where sedd Child may be.
Whereve>: cbe Cblldtan art, each of the parties shalt be informed of
where they can knave telephonic cornmtmicatlons with the Children
end shall have right to such communication.
J. ~ntitlemrnt~Campletc ~t'otmstiorl. Each party shall De encitltd to
complete and detall.d information from all pediatrieiana,
ptrysieiatts, eostaultants, or apecidist attrndlrtg tt~ Children foe any
reason whatsoevCrr sad to be furnlbhed writlt copies of arty reports
given to ono or the other patent. Each shall be eatftled co complete
ALUIII ~. GLA~OC -.1., 11/OMMt OLM1f -MJfT~ O). X1110 ~ae.-'r~E ppuLLNA1q, ~o WAYI, ROMOA it ~e~, M~A.~~[ (101 l~a~M~
1Gui~.vc~
~~/
fl~
r
h3/1Q/ZOOb FRI 11:17 PAX
M Z'utidc bf. Fclton ~. Amy L Fdtai I
Cue No. FMCB 03-14246 (3~ (911
P~re~~itu A2raat~ecl / Ado s
ami detailed information tram ail teachers, sc1-oc~l, summer camps
or other (ttttitutiotxs where the Children may attend or with .~hich
they may become assoclattd in any Way, Each of the parrots
should be i4ttnishrd with copies of all reports givers co ti-e other.
K. l~trfotmed o1 Whereabouts: Etch of cila parties sha)1 kelp the
other t+eaonably irtfanned at all times of the wheresboub of the
minor children when they art with sithcr of the parties or with
other.
L. Na~oges to be'Vtainla,glcd. Neither of the pasties will in any time or
arty reason cause the minor children to be known, identified, or
designated by sissy other last twee other than Felton and neither
shall initiate or cause the dlesignation o! Fatttcr or Maher or their
aquivalcni to be used lry the minor children with refecec~cc to arty
person other than the partisr hereto.
~~..~ ...
12. ~Yetul~tt[ tQ L~_irw3uce A,g;eetnenc L E`vid~nce Each of the parties
hereto agrees that hie or site eithesr as Petitiontr or Respondttlt shal) offer in avideticc this
Agreembmt in arty action for legs) ,separation or dissolution of rnarriaQc of the parties
hereto, and consents and agrees that the Court haviag jurisdiction of such action shalt and
by these presents does -have rho authority ar~d power to incorporate in my decree of
judgment entertid in such cause, the provisions of this Agrettnent in their entirety and the
provistons of this Agreett~t in their entirety shall b• and become part of any such decree
of judgnxnt in uiCtt cause.
1N Wl'i'NE:SS WHEREOF, rho parries have oxecuted this Parental A.greerner+t and
have hereunto art their hands and seal the day and year first ariherx above.
Witness ~/,
~~~"" ,,' ~i ///A
PA'
ai, t..w e,.o~.wc ~ouxvw w.
FF.LTON 'r
.~
,~~.~/~t-~ I
RMOA 3i~ M, Tq @'~~[ f!O^ /fYMM .
r/
s
l
"t `~~
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA
FMCE Case No.: 0514266 (35)(91)
IN RE: THE MARRIAGE OF:
PATRICK FELTON,
PetitionerTHusband,
and
INSTR # 105995598
OR BK 41865 Pages 228 - 229
RECORDED 04/21 /06 07:44:30
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2065
#6, 2 Pages
AMY FELTON
,
~~
Respondent/Wife. o ~,
r
~
~~
O C r` i N f't'!
x .~
n _-.~ f
...~
--~
FINAL JUDGMENT OF DISSOLUTION OF MARRIA~~'~ ~
z c-s ~
-i`e~ ~ o
co
THIS CAUSE came on to be heard~for Final Hearing, and it app~ring to the
Court that. this cause is at issue; and the Court having heard testimony, and being
otherwise fully advised in the premises, the Court finds, and it is:
ORDERED AND ADJUDGED as follows:
1. That this Court has jurisdiction of the parties hereto and the subject matter
herein.
2. That the marriage between the Petitioner and the Respondent is irretrievably
broken, and the bonds of matrimony heretofore existing are declared to be dissolved
a vinculo matrimonni between Petitioner/Husband, PATRICK FELTON, and
Respondent/Wife, AMY FELTON.
3. That the Marital Settlement Agreement entered into between the parties on
1
April 7, 2006, and Addendum entitled "Parenting Agreement Dealing With Minor
Children Issues" dated March 9, 2006, introduced into evidence as Composite A and
filed simultaneously herewith, were freely entered into by the parties, after full
disclosure, and in its entirety, and the Agreement and Addendum are incorporated by
reference into this Final Judgment and. the parties are ordered to comply with it.
4. The Court reserves jurisdiction of the parties and the subject matter solely
to enforce the terms of the Agreement and Addendum, and for such other matters as
may be provided by applicable law.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward
County, Florida, this ~ day of ~ ,2006.
CIRCUIT COURT GE
Copies furnished:
Karen M. Zann, Esquire, 1323 S.E. Third Avenue, Fort Lauderdale, FL 33316
Allan M. Glaser, Esquire, 11900 Biscayne Blvd, Suite 807, Miami, FL 33301
G~¢CUITL+QG
STATE OF FLORIDA
•••
BROWARD COUNTY ~i~
••
•
I QO HEREBY CERTI
d
t
ft ~~
withln ar~ Ong i~ a
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orrec
an
copy o ma
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and f e i the office
C
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iciaF ~ u
Florida.
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•
RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland Countyy Prothonotary's Office Receipt Date 4/02/2009
Carlisle, Pa 17013 Receipt Time 10:17:12
Receipt No. 223119
FELTON PATRICK (VS) FELTON AMY
Case Number 2009-02066
Received of PD HOFFMEYER & SEMMELMAN
IM
Total Non-Cash..... + 165.50 Check# 5290
Total Cash......... + .00
Change ............. - .00
Receipt total...... _ $165.50
------------------------ Distribution Of Payment
Transaction Description Payment Amount
CUSTODY AGMT 135.00 CUMBERLAND CO GENERAL FUND
TAX ON AGMT .50 BUREAU OF RECEIPTS AND CONTROL
SETTLEMENT 8.00 CUMBERLAND CO GENERAL FUND
AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION FUND
JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL
CUSTODY FEE 5.60 ADMINISTRATIVE OFFICE OF PA CT
CUSTODY FEE-CO 1.40 CUMBERLAND CO GENERAL FUND
$165.50
c ,~
William F. Hoffmeyer*
Kazen L. Semmehnan**
James G. Keenan
David C. Schanbacher
Robert L. Buzzendore
Amy J. Phillips
Christine M. O'Brien
• Member of American College of
Real Estate Lawyers
«« Fellow of American Academy
of Matrimonial Lawyers;
•• Of Cowsel; Admitted in Pennsylvania
and Maryland
Tel: (717) 846-8846 (York)
Tel: (717) 235-6133 (Shrewsbury)
•!i
~•~ -
30 North George Street 73 East Forrest Avenue
York, PA 17401 Shrewsbury, PA 17361
Dazlene E. Dubs
Vicki M. Runkle
Barbara A. Froman
Valerie Haight
Support Professionals
Mazci J. Heidelbaugh
Office Manager
Sandra A. Haugh
Bookkeeper
Fax: (717)852-8780
E-Mail: infona.hoffsemm.com
Web: www.hoffsemm.com
Please'dvect all correspondence to York Office Handicapped Accessible In reply please refer to file no.
October 15, 2009
(Dictated October 13, 2009)
FACSIMILE ONLY: 717-770-1278
NO FIRST CLASS MAIL WILL FOLLOW
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, Pennsylvania 17070
Re: Felton v. Cox-Felton
Dear Attorney Howell:
13680-00
My client and I met yesterday and would like to offer a proposal for settlement in the above-
referenced matter. That proposal is as follows:
1. School Year. The current schedule for alternate weekends during the school year shall
continue with Father having alternate weekends with the children from Friday at 5:30 PM
until Sunday at 7:00 PM. Further, the provision for Father to have weekly visitation one
night each week should be designated as Tuesday with Father having the children from
6:15 PM until 8:15 PM. With regard to school holidays, Father shall have the children on
school holidays which fall on the Friday preceding his weekend or the Monday following
his weekend commencing at 6:30 PM Thursday and/or ending at 6:30 PM on Monday.
2. Summer. Other than the first week following the completion of the school year and the
last full week preceding the beginning of the next year, Father shall have the rest of the
summer vacation.
3. Holidays. The Christmas holiday shall remain the same as it is in the current Custody
Order. However, Father would like to add Father's Day and Mother's Day with the
respective parent each having that holiday from 9:00 AM until 2:00 PM. With regard to
the Easter holiday/vacation, the parties shall alternate that holiday with the holiday
commencing at 6:30 PM the night before. With regard to Memorial Day, the Fourth of
July, Labor Day and Thanksgiving, the parties shall alternate these holidays. The holiday
period shall run from 6:30 PM until the night before until 7:00 PM on the day of the
holiday.
EXIIIBIT "B"
[owell, Esquire ~ -2-
~t~ober 15, 2009
Transportation. Aprovision needs to be added that the parties shall shaze transportation
of the children with the party receiving the children for a period of custody meeting the
other party at a half way point, that point being the Loganville Exit (Exit 10) on Interstate
83. If this cannot be agreed on, then the party receiving shall come to the other party's
home for the pickup.
5. Household Check. The parties shall each have the ability, at the request of either party,
to have an unannounced visit to the other's home so as to verify the living conditions and
safety conditions of the children.
6. Day Care. My client has concerns over the quality, care and safety at the current day caze
of the children (Best Friend's Day Care). My client seeks to have a different day care
chosen for Mother's use during the summer (if necessary) and for school holidays.
Please advise your client not to discuss this offer with the children as she has apparently told the
children about other "conversations" she has had with Father in the recent past, which is clearly
inappropriate.
Please discuss this with your client and provide a response as soon as possible.
Very truly yours,
HOFFMEYER & SEMMELMAN, LLP
~~,.J c. ~~ s~ a~
David C. Schanbacher, Esquire
DCS:db
xc: Dr. Patrick Felton
nxc: Barbara A. Froman, Support Professional
lrJ/ LYJ! LYJCI7 1 r .:J1 r 1 r r r Utc rY0 r iL+v~r~.~i- ~'-+r+r ~ u.r. _ -~- r4 w "/°--
1
~~WEI,I., LAW FIRM
61.E 13ridgc Screec, Mew Curr~herland, Pennsylvania. 17070
TElephont ? l 7-770-].277
Fax 7.17-770-127$
**** VT,A,1wAX 240-6460 ****
October 20, 2409
The Honorable M. L. Ebert, Jr.
Cumberland County CourthoL~se
One Courthouse Square
Carlisle, PA 1.7013
RE: Telton v. Futon, No. 09-2066 Civil Term (Cumberland County)
Dear Judge Ebert:
As a follow up to my telephone call to your secrEtary, the pa.rtiES have reached an
agreement which eliminates the need for the custody tria] scheduled to commence at 9:00
AM on Wednesday, October 21, 2009.1'he parties' settlement is evidenced by a fax
received from Attorney Schanbacher (enclosed) whic}~ i..n.dicated a settlement assuming
m.y client agreed to a Tuesday night visit. Mrs. Felton has agreed to this change.
Counsel for the paa-ties respectfully request fifteen (15) days to reduce the
agreement to a Stipulation at~d Order. Thank you. for your. coxtsideration in this matter.
Very truly yours,
S ~ . en we,l.l,, F'squire
Ski/bth
cc:
Amy L. Felton
Unat 7
1102 Market Street
New Cumberland, PA 17070
David C. Schanbacher, Esquire (Via Pax f352-87$0)
Ho~F.fnaeyer Xc Scrnmelman LLP
30 North George Street
York, PA 17401
EXHIBIT C
v
~ ~:
•~.
1
VERIFICATION
The foregoing Petition for Contempt and Modification of Gtistody is based upon informaton which has
been gathered by me and counsel. The a~ctuai language contained in the pleading is that of counsel and not my
own. I have read the Petition for Contempt and Modification of Custody and to the extent that the document
is based upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief.
This statement and verification are made subject to the pens(ties of PaC.S. Section 4904 relating to
unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be
subject to criminal penalties.
''ll ~~ /
Date. ~ ~~ ~V
' PA K TON
~ ,, •~ 10/13/10=1:50 PM=db-felton petcontempt=f~3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
PATRICK FELTON, NO. 09-2066 CIVIL TERM
PETITIONER
v.
CIVIL ACTION -LAW
AMY L. FELTON,
RESPONDENT CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I have on this date served the Petition for Contempt and Modification of Custody on the
person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440.
Service by first class, postage pre-paid, United States mail, as follows:
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, Pennsylvania 17070
DATE: dC~U~ ova p~C10
BY: L
David C. Schanbacher, Esquire
Attorney for Petitioner
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
PATRICK FELTON IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
AMY L. FELTON
DF,FENDANT
2009-2066 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, October 26, 2010 ,upon consideration of the attached. Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 30, 2010 at 1:30 PM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,Q
and Custody orders to the conciliator 48 hours prior to scheduled hearin p,
Special Relief orders --{
,
-r~
rn
FOR. THE COURT, ~" r`~ ~'
~~~ csa
- ~~
°
~
By: !s/ Dawn S. Sunda Es ~ r..~ ~? -r -n
~ -~
Custody Conciliator ~~ w ~~
_.' n~
The Court of Common Pleas of Cumberland County is required by law to comply with~Fhe A"'me ~
riesans
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
~o~as io ~ -~~ ~~.~ Z
32 South Bedford Street
Carlisle, Pennsylvania 17013
10-0~~ /U ~~ j~a~~/ ~o ~~ f~'~~Li~Telephone (717) 249-3166
DEC20Zoill
PATRICK FELTON
vs.
AMY L. FELTON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Defendant
2009-2066
IN CUSTOD
ORDER
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AND NOW, this 10`h day of December, 2010 , the conciliator hereby relinquishes
jurisdiction, having determined that the Father's Petition for Contempt and Modification which had
been scheduled for conciliation, was in actuality a request that the hearing previously scheduled in this
matter after the initial conciliation conference be rescheduled. Counsel for the parties are rescheduling
the hearing directly with the Court.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
12/16/10=10:54 AM=rm=felton motion=F#1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PATRICK FELTON,
PETITIONER
V.
AMY L. FELTON, ;
RESPONDENT
NO. 09-2066 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
MOTION TO SCHEDULE HEARING
ON THIS ? day ofCo4C?_-mbi2 , 2010, comes Petitioner, Patrick Felton, by
and through his attorney, Hoffrneyer & Semmelman, LLP and David C. Schanbacher, Esquire, and files the
following Motion To Schedule Hearing, and in support thereof avers as follows:
1.
Petitioner, Patrick Felton (hereinafter referred to as "Father"), is an adult individual who
presently resides at 1616 Austin Road, Towson, Baltimore County, Maryland 21204.
2.
Respondent, Amy L. Felton (hereinafter referred to as "Mother"), is an adult individual who
presently resides at 1102 Market Street, Unit 7, New Cumberland, Cumberland County, Pennsylvania
17070.
3.
The parties are the parents of two minor children, namely: Tabitha A. Felton, year of birth 2001
(age 9) and Gracie E. Felton, year of birth 2003 (age 7).
12/16/10=10:54 AM=rm=felton motion=F#1
4.
In May 2009, Father filed a Petition for Contempt and Modification which went through the
conciliation process and was ultimately scheduled for a hearing in October 2009 before The Honorable
M.L. Ebert, Jr.
5.
The parties were able to reach a settlement on or about the date of the trial, and counsel for
Mother advised the Court that the hearing would not be necessary. Therefore, no trial was held.
6.
The parties exchanged letters and other correspondence regarding edits to the Stipulation for
Custody as prepared by Father's counsel throughout the rest of 2009 and early 2010 with no resolution.
7.
On October 26, 2010, Father filed a Petition for Contempt and Modification of Custody since the
parties' issues were never resolved by agreement. A conciliation conference was scheduled before Dawn
S. Sunday, Esquire on Tuesday, November 30, 2010, which was ultimately rescheduled to Friday,
December 10, 2010.
8.
Conciliator Sunday contacted counsel the day before the conciliation to advise that she believed
the issues in the current petition were the same issues she heard during conciliation in 2009 and that it
was her recommendation a hearing be set before Judge Ebert in an effort to expedite the process.
Therefore, no conciliation conference was held on December 10, 2010.
2
12/16/10=10:54 AM=rm=felton motion=F# 1
WHEREFORE, Patrick Felton respectfully requests that this court schedule a hearing on
Father's Petition for Contempt and Modification of Custody.
Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP (1-1??
BY:
David C. Schanbacher, Esquire
Attorney for Petitioner
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
12/16/10=10:54 AWrm=felton motion=F#1
VERIFICATION
I, DAVID C. SCHANBACHER, ESQUIRE, verify that I am the attorney for Petitioner, Patrick
Felton, in the foregoing matter and that he is unavailable to sign this Verification; that I am duly authorized
to sign the same on his behalf; and that the statements made in the foregoing Motion To Schedule Hearing
are true and correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to
authorities.
Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP
BY: - C?????
David C. Schanbacher, Esquire
Attorney for Petitioner
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
12/16/10=10:54 AM=rm=felton motion=F# 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICK FELTON,
v.
AMY L. FELTON,
PETITIONER
RESPONDENT
NO. 09-2066 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I have on this date served the Motion To Schedule Hearing on the person and in
the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440.
Service by facsimile and first class mail, postage pre-paid, United States mail, as follows:
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, Pennsylvania 17070
Facsimile: 717-770-1278
DATE: 9c))6 BY:
David C. Schanbacher, Esquire
Attorney for Petitioner
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 48446
;_1? 12/16/10=10:54 AM=rm=felton motion=Ffl
DEC 2 2 2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PATRICK FELTON, NO. 09-2066 CIVIL TERM
PETITIONER
V. CIVIL ACTION - LAW
AMY L. FELTON, CUSTODY
RESPONDENT
ORDER
1\
ON THIS 1 day of ovk? 2010, upon consideration of the foregoing Motion
To Schedule Hearing it is hereby ORDERED and DECREED as follows:
A hearing is *cd d in Court Room No. of the Cumberland County Court House on the
A,7 day of 201L at Ci 0 clock A_.M. at which time testimony will be
taken. For pof the hearing, the Father, Patrick Felton, shall be deemed to be the
moving party and shall proceed initially with testimony. Counsel for each party shall file with
the Court and opposing counsel a Memorandum setting forth each party's position on
custody, a list of witnesses who are expected to testify at the hearing, and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at least seven days
prior to the hearing date.
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`Steven Howell, Esquire
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PATRICK FELTON,
PLAINTIFF
VS.
AMY FELTON,
DEFENDANT
MOTION TO ENFORCE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA r%j
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NO. 09-2066 CIVIL TEI s
CIVIL ACTION (CUST)
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THE PARTIES' zc x•
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SETTLEMENT AGREEMENT AND SANCTIMl $ .?.
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Background Information:
On or about October 22, 2010 Plaintiff Patrick Felton (hereinafter "Father")
filed a "Petition for Contempt and Modification of Custody".
2. The essential gist of Father's 2010 petition is that the parties entered into an
agreement to avoid a custody trial on October 21, 2009 and that Mother -
weeks later - reneged on the specific terms and perpetrated a fraud upon him
and the Court when she represented that a settlement had been reached on
October 20, 2009. It also seeks a change in primary physical custody.
Father's Petition alleges in ¶14 that:
Mother and her counsel misrepresented themselves to Father, his counsel
and the Court, considering that Mother, through her counsel, indicated to the
Court that the settlement was offered by the Father, the Mother's counsel and
Father's counsel went back and forth over the specifics, and then Mother's
counsel communicated to the court on October 20, 2009 that an agreement had
been reached. Of particular concern is disagreement on the language regarding
the time Father has for custody during the summer with the children. There is
much disagreement whether Father gets to keep his normal bi-weekend
visitations during the summer in addition to his summer vacation. Mother does
not agree.
4. In his 2010 Petition Father writes at ¶10:
In the week preceding the scheduled custody hearing [scheduled for October 21,
2009], Father made an offer to settle the case to Mother. A copy of the letter
dated October 15, 2009 is attached as Exhibit "B" and incorporated by reference
herein. After a great deal of back and forth between the attorneys to clarify the
specifics of the Agreement, the parties did reach such agreement." See ¶IO of
10/22/2010 Petition.
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5. Notably, Father's 2010 Petition does not contain the actual written settlement
terms which are set forth in a detailed three (3) page letter on October 20,
2009 from Attorney Howell to Attorney Schanbacher. This letter contains
eleven (11) distinct paragraphs covering the following topics: Custody;
School Year; Transportation; Holidays; Tuesday Nights; Household Check;
Day Care; Summer; Language; Land Line; and E-mail.
6. Father's 2010 Petition includes as an exhibit his initial settlement offer of
October 15th, but it omits the following documents: (a) Mother's October 19th
rejection of that offer; (b) Father's October 20th counteroffer; (c) Mother's
October 20th counter offer faxed at 1:14 PM; (d) Father's counsel's acceptance
of Mother's terms at 3:15 PM on October 20, 2009 if Mother made one minor
concession; and (e) Mother's October 20th letter faxed at 6:03 PM confirming
her acceptance of the minor change requested by Father.
7. Those missing documents as well as the fax transmission sheets demonstrate
that the parties entered into a binding agreement on October 20, 2009 and that
it is Father - not Mother - who has reneged upon the settlement agreement.
The Settlement Agreement Reached on October 20, 2009:
8. At 1:14 PM on October 20, 2009 Attorney Howell faxed to Attorney
Schanbacher a three (3) page letter which is set forth in eleven (11) distinct
paragraphs covering the following topics: Custody; School Year;
Transportation; Holidays; Tuesday Nights; Household Check; Day Care;
Summer; Language; Land Line; and E-mail. Attorney Howell's October 20,
2009 letter and Transmission Verification Report are attached as Exhibit "A".
9. At 3:15 PM on October 20, 2009 Attorney Schanbacher faxed a note
(attached hereto as Exhibit "B") to Attorney Howell and writes:
Our client is ok with everything except the exchange point and
the Tuesday nights. He will compromise on the exchange point if
your client will agree to him having the Tuesday night from 6:00-
7:30pm (and he already has that block of time in the current
agreement). If your client is working, her mother is authorized to
pick up the children from daycare so she could be home for him to
come and pick the children up. I am in my office if you need to
call. Our client has Mother's work email if you need to contact her
quickly. [Emphasis added].
10. At 6:03 PM on October 20, 2009 Attorney Howell - after he obtained
Mother's consent to the minor change requested in the 3:15 PM note - faxed
to Attorney Schanbacher a three (3) page letter which includes eleven (11)
distinct paragraphs covering the following topics: Custody; School Year;
Transportation; Holidays; Tuesday Nights; Household Check; Day Care;
Summer; Language; Land Line; and E-mail. Attorney Howell's October 20,
2009 letter and the Transmission Verification Report to 852-8780 are attached
as Exhibit "C".
11. Of note is the fact that Father - while including in his 2010 Petition the
October 15th settlement letter - neglected to mention the following letters
which show that his initial offer was rejected:
a. Mother rejected Father's October 15th offer in a three (3) page letter on
October 19, 2010 which was faxed to Attorney Schnabacher. See Exhibit "D"
which includes the Fax Transmission Verification Report;
b. Father then responded with his own three (3) page letter on October 20,
201 0 at 10:41 AM. See Exhibit "E".
How Father's Proposed Stipulation Fails to Incorporate the Agreement:
12. The October 20, 2009 letters faxed at 1:14 PM and 6:03 PM by Attorney
Howell which Attorney Schanbacher at 3:15 PM on October 20th represents as
being "ok" with his client state:
Summer: My client is willinhg to expand the present four (4) week
to July 1st through August 7t of each summer [39 days]. If your
client wishes the 39 days to start and end on a different date (so
long as 31 of the 39 days include the month of July) that is fine.
The alternating weekend schedule is replaced with the summer
schedule and holiday schedule. [Emphasis added].
13. Attorney Howell's October 19th letter used the exact same language except it
provided for 35 - not 39 - consecutive days in the summer. However, Exhibit
"D" just like Exhibit "A" and "C" clearly state: "The alternating weekend
schedule is replaced with the summer schedule and holiday schedule":
14. Father, however, refuses to draft a Stipulation which complies with his
agreement on October 20th that the biweekly schedule in the summer was
replaced with the 39 day summer vacation and, in fact, he continues to argue
that the alternating weekend was never replaced by the summer and holiday
schedule.
15. Father's counsel has written a letter dated June 10, 2010:
My client has requested that we respond to your latest
correspondence regarding the bi-weekend visits and summer
vacation. My client in no way intended to give up his normal bi-
weekend visitations during the summer and, in fact, the language
in the draft Stipulation for Custody is vague and does not specify
that the bi-weekend visitation is being replaced with time outside
of the consecutive days of summer vacation.
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16. Prior to accepting the settlement on October 20, 2009, Father and his counsel
reviewed three (3) letters (one on October 19th and two on October 20th) which
contained clear and unambiguous language that the "alternating weekend
schedule is replaced with the summer schedule and holiday schedule" yet they
continue to make the bald assertion that the language was "vague and does not
specify that the bi-weekend visitation is being replaced".
17. The Stipulation drafted by Attorney Schanbacher also includes other
conditions which were not included in the agreement.
18. Essentially, Father sought to renegotiate the terms of the settlement after he
agreed to them.
19. Father's counsel had express authority from his client to enter into a
settlement agreement.
20. Father and his counsel have alleged that Mother and her counsel
misrepresented to them and the Court on October 20, 2010 that the parties had
reached a settlement.
21. On October 25, 2010 Attorney Howell wrote to Attorney Schnabacher a letter
attached hereto as Exhibit "F" asking him to "remove any reference to myself
or my client misrepresenting anything to the Court, you or Mr. Felton." See
Exhibit "F"
22. On October 28, 2010 Attorney Schanbacher wrote back a note stating "File an
answer and include them yourself. Have a nice day." He then includes a
smiley face. See Exhibit "G".
Legal Authority Support Motion:
23. The law of this Commonwealth establishes that an agreement to settle legal
disputes between parties is favored. Compu Forms Control Inc. v. Altus
Group Inc., 393 Pa. Super. 294, 305, 574 A.2d 618, 624 (1990). Our courts
have held that unsuccessful attempts of counsel to reduce the terms of the
parties' settlement agreement to writing does not permit the court to ignore the
relevant material facts which are not in dispute. Mazzella v. Koken, 559 Pa.
216, 221, 739 A.2d 531, 536 (1999). In Mazzella our Supreme Court stated
that "A court must enforce the terms of a contract where the parties have
agreed on all of the essential terms even if they have not yet formalized the
agreement in writing." Id. "Moreover, it is well settled in Pennsylvania that
where the parties have settled upon the essential terms and the only remaining
act to be done is the formalization of the agreement, the latter is not
inconsistent with the present contract." Field v. Golden Triangle
Broadcasting Corp. 451 Pa. 410, 305 A.2d 689 (1973). In this case, Father is
bound by the terms of the October 20, 2009 letter faxed at 6:03 PM which are
not in dispute.
24. Pennsylvania Rule of Civil Procedure 1023.2 (b) provides for the imposition
of sanctions after a party has enjoyed twenty eight (28) days to correct a
motion following a written request if that motion is unsupported by the law or
facts or contains a misrepresentation calculated to harass. Father's response
was to send back a handwritten note with a smiley face.
25. Father and his counsel knew at the time they filed the October 22, 2010
petition that: (a) they had accepted the specific terms of the October 20, 2009
settlement agreement; (b) that Mother and her counsel did not misrepresent
anything to the Court; and (c) the "alternating weekend schedule [was]
replaced with the summer schedule and holiday schedule".
26. Father and his counsel deliberately failed to include the actual settlement
documents which consist of the October 20th letters from Mother and the
October 20th fax from Father accepting the terms (i.e. "Our client is ok with
everything except ... [one minor modification which Mother accepted]").
27. This Honorable Court can sanction a party in accordance with 42 Pa. C.S.A.
§2503 for conduct which is obdurate, vexatious and dilatory. "Dilatory" is
defined as "tending or having the intent to delay" while "vexatious" is
"lacking justification and intended to harass" and "obdurate" as "resistant to
persuasion or softening influences, inflexible, unyielding." Boyer v. Hicks,
19 D. & C. 3d 300 at 305 (1981). A court may require a party to pay another
party's counsel fees if that party's conduct was "dilatory, obdurate, or
vexatious". Brenkle v. Arblaster, 320 Pa. Super. 87, 466 A.2d 1075 at 1078
(1983).
28. Counsel fees may be jointly and severally assessed against a party's attorney
of record under the holding of In re Estate of Liscio, 432 Pa. Super. 440, 638
A.2d 1019, 1022-1023 (1994), appeal denied, 539 Pa. 679, 652 A.2d 1324
(1995). Since § 102 of the Judicial Code defines "participant" as "litigants,
witnesses and their counsel" and a "party" as "include[ing] counsel for such a
person" the Judicial Code permits the award of counsel fees against a party's
attorney under 42 Pa. C.S.A. §2503.
29. It is dilatory, vexatious and obdurate to file a petition alleging that the other
party misrepresented a settlement agreement when your own attorney faxes a
note which states "Our client is fine with everythine" if you make one minor
change.
30. Father and his counsel have enjoyed ample time to correct the allegation that
" [mlother and her counsel misrepresented themselves to Father, his
counsel and the Court..." but instead have chosen to respond with a
handwritten note telling counsel to "File an answer and include them yourself.
Have a nice day" along long with a smiley face.
WHEREFORE, Mother seeks to enforce the terms of the settlement set forth in
the October 20, 2009 letter which was accepted by Father as well as an award of
counsel fees incurred in enforcing the settlement and filing this motion pursuant to
Pa. R.C.P. 1023.2 (b) and/or 42 Pa. C.S.A. §2503.
Respectfully submitted,
BY:
Stever owelb, Esquire
Howell Law Firm
-619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Defendant
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
David C. Schanbacher, Esquire
Hoffineyer & Semmelman LLP
30 North George Street
York, PA 17401
B3
Date: March ZS, 2011
T ?
` HOWELL LAW FIRM
619 Bridge Street, New Cumberland, Pennsylvania 17070
Telephone 717-770-1277
Fax 717-770-1278
**** VIA TELECOPIER 852-8780 ****
October 20, 2009
David C. Schanbacher, Esquire
Hoffineyer & Semmelman LLP
30 North George Street
York, PA 17401
RE: Felton v. Felton, No. 09-2066 Civil Term (Cumberland County)
Dear David:
I am willing to recommend a settlement as follows (changes in bold):
Custody: Mrs. Felton will retain primary physical custody and the parties shall share
legal custody. The paragraph - aside from indicating that Mrs. Felton enjoys primary
physical custodian with shared legal custody between the parties - shall read:
Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
well being of the children including, but not limited to, all decisions
regarding her health, education and religion. Pursuant to the terms
of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records
and information pertaining to the children including, but not limited
to, medical, dental, religious or school records, the residence address
of the children 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. Both parties agree to not
unreasonably withhold their consent to necessary medical,
psychological and dental treatment for the children.
School Year: Every other weekend commencing at 6:00 PM on Fridays through 6:00
PM on Sundays if Mrs. Felton is not working on Friday evening. If Mrs. Felton is
working on Friday evenings then the weekends would commence 7:30 PM on Fridays
through 7:30 PM on Sundays. If the children are off on either Friday or Monday from
school then he may enjoy the extra time. On those extended weekends the visit will
commence and end at the above times on Thursday (if no school Friday) and/or Mondays
(if no school on Monday) depending upon Mrs. Felton's work schedule. In addition, these
extended weekends are not in addition to the every other weekend schedule.
Page 2 (10/20/09)
Felton v. Felton
Transportation: For all exchanges unless otherwise specified, the parties will meet at
the Cracker Barrel at Exit 16A (236 Pauline Drive, York, PA 17402). In the event the
children have Saturday or Sunday extracurricular activities the party having custody shall
ensure they participate in the activity and return the uniform and equipment to the other
party at the end of their custodial period of time. Exchanges shall then take place at the
conclusion of the activity if Mr. Felton does not wish to do the exchange on Friday
evening. Both parties shall wait up to fifteen (15) minutes for the other party in the
event of a work or traffic delay. In the event of a delay due to work or traffic the
untimely party shall call or text message the other party with the reason and time of
arrival. My client does not agree to any limitation on who may accompany either
parent. The parties will be exchanging in a public place with numerous cameras to
record any poor behavior.
Holidays: Christmas 2008 was shared in the manner he requested. Christmas would
be shared equally with the first segment running from school break through Christmas
Day and the second segment running from Christmas Day up through and including New
Year's Eve/Day. In 2009 Mrs. Felton would have the children from 12//23/09-12/28/09
with an exchange at 6:00 PM and Mr. Felton would have from 6:00 PM on 12/28/09 'T-c,yc e,
through 1/3/2010 at 6:00 PM. In December 2010 and later years the segments would i
alternate and Mrs. Felton would have the second segment.
Easter may commence at 6:00 PM (or 7:30 PM if Mrs. Felton is working) on
the Thursday prior to Good Friday and end at either 6:00 PM or 7:45 PM the day
before the first day of school. Easter 2010 shall be with Mrs. Felton. Thanksgiving shall
commence on Wednesday at 6:00 PM (if Mrs. Felton is not working) or 7:30 PM (if Mrs.
Felton is working) and end just like Easter with Thanksgiving 2009 being enjoyed by Mr.
Felton.
Mother's Day and Father's Day should go to the respective parent from 10:00
AM to 6:00 PM.
Memorial Day will commence on Sunday at 6:30 PM and end on Memorial Day
at 7:00 PM. The parent not enjoying Easter shall have the Memorial Day Holiday.
Labor Day shall be with Mrs. Felton if Mr. Felton elects his summer vacation to
include July 4th. Otherwise, July 4th and Labor Day (6:30 PM on the day before the
holiday through 7:00 PM on the holiday) shall alternate.
The holiday schedule takes priority over any other period of custody. July 4th can
be alternated or handled as set forth in the summer paragraph below.
Page 3 (10/20/09)
Felton v. Felton
Tuesday Nights: My client is not agreeable to this as the ending time is late for a 1St and
3rd grader during the school year. My client is willing to make Tuesday nights the
regular night for phone calls (this will not limit in any way your client's right to call
the children or vice versa including a-mails - discussed below) between the children
and Mr. Felton.
Household Check: We are willing to exchange photos of the residences.
Day Care: We are not willing to change the day care center since they have attended or
the last three years. There are no complaints against the facility and the children have
longstanding friendships with the staff and other children. My client is willing to let
your client select his own day care during the summer months when the children are
in the Baltimore area. Essentially, each party selects his/her own day care provi er
when it is needed.
Summer: My client is willing to expand the present four (4) weeks to July 1st throu h
August 7`h of each summer [39 days]. If your client wishes the 39 days to start an
end on a different date (so long as 31 of the 39 days include the month of July) that
is fine. The alternating weekend schedule is replaced with the summer schedule and
holiday schedule. Your client agrees that his vacations will end at least two (2) weeks
before the first day of school. My client is also willing to agree that July 4th is always
your client's holiday so long as his custodial time coincides with the holiday. In that
event, the Labor Day weekend/holiday will always be Mrs. Felton's time.
Language: No party shall use profane, discriminatory or demeaning language when
communicating with the other party via voice, mail, e-mail or text messages or in front
of the children. Nor will they permit others in the household to use such language to
describe the other parent. Essentially, all the a-mails and text messages calling
people names or labeling them as slovenly, lazy or unfit will end.
Land Line: My client does not have a land line. Any communications to Mrs. Felton
must go through her cell phone.
E-Mail: My client is willing for the girls to have their own e-mail accounts (through a
free service) through which Mr. Felton and they may communicate.
Very truly yours,
SH/bth Stev ow , Esquire
cc:
Amy L. Felton
No
0rI.)4y
TRANSMISSION VERIFICATION REPORT
TIME 10/20/2009 13:16
NAME HOWELL LAW FIRM
FAX : 7177701278
TEL
SER.# 000AGJ528632
DATEJIME 10/20 13:14
FAX N0./NAME 8528780
N 00:01:09
PAGES) 03
RESULT OK
MODE STANDARD
ECM
_, 10/20%2009 15:15 FAX 171785287An
30 North George Street
York, Pennsyl'vaWa 17401
FAX NO. - (717) 852-8780
PHONE NO. - (717) 846-8846
E-Mail - info@hofhemm.com
2001
73 East Forrest Avenue
Shrewsbury, Pennsylvania 17361
PHONE NO. - (717) 235-6133
WEB - www.hoffsemm.com
FAX TRANSMITTAL SHEET
NUMBER OF PAGES INCLUDING COVER PAGE: 1
TELEPHONE NO.: 717-770-1277
FAX NUMBER. 717-770-1278
SEND TO: Steven Howell. Esqu -
TRANSMI'T'TED DOCUMENT DESCRIPTION:
DATE: October 20, 2009
FROM: Davird C. Schanbacher. Eiguire
Hoffmeyer & Sentunehnan
SPECIAL INSTRUCTIONS: Our client is ok with everything except the exchange point and the Tuesday nights.
He will compromise on the exchange point if your client will agree to him having the Tuesday night from 6:00 -
7:30pm (and he already has that block of time in the current agreement). If your client is working, her mother is _
authorized to pick up the children from daycare so she could be home for him to come and pick the children up. I
am in my office if you need to call. ? u,r L-,(, rrn `f' /) 4 S i?o f1?, ,-2 S c.-,c rkern r,o v 4xr e4D C o1 fYC c? kAr q 0 cA .
ORIGINAL DOCUMENT _ WILL BE FORWARDED BY MAIL
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FILE NO. 1 80-00
BILL CLIENT:
TRANSMITTED BY: b Limi, , ?-
HOWELL LAW FIRM
619 Bridge Street, New Cumberland, Pennsylvania 17070
Telephone 717-770-1277
Fax 717-770-1278
**** VIA TELECOPIER 852-8780 ****
October 20, 2009
David C. Schanbacher, Esquire
Hoffineyer & Semmelman LLP
30 North George Street
York, PA 17401
RE: Felton v. Felton, No. 09-2066 Civil Term (Cumberland County)
Dear David:
This is to confirm the settlement of the case as follows:
Custody: Mrs. Felton will retain primary physical custody and the parties shall share
legal custody. The paragraph - aside from indicating that Mrs. Felton enjoys primary
physical custodian with shared legal custody between the parties - shall read:
Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
well being of the children including, but not limited to, all decisions
regarding her health, education and religion. Pursuant to the terms
of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records
and information pertaining to the children including, but not limited
to, medical, dental, religious or school records, the residence address
of the children 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. Both parties agree to not
unreasonably withhold their consent to necessary medical,
psychological and dental treatment for the children.
School Year: Every other weekend commencing at 6:00 PM on Fridays through 6:00
PM on Sundays if Mrs. Felton is not working on Friday evening. If Mrs. Felton is
working on Friday evenings then the weekends would commence 7:30 PM on Fridays
through 7:30 PM on Sundays. If the children are off on either Friday or Monday from
school then he may enjoy the extra time. On those extended weekends the visit will
commence and end at the above times on Thursday (if no school Friday) and/or Mondays
(if no school on Monday) depending upon Mrs. Felton's work schedule. In addition, these
extended weekends are not in addition to the every other weekend schedule.
CM
Page 2 (10/20/09)
Felton v. Felton
Transportation: For all exchanges unless otherwise specified, the parties will meet at
the Cracker Barrel at Exit 16A (236 Pauline Drive, York, PA 17402). In the event the
children have Saturday or Sunday extracurricular activities. the party having custody shall
ensure they participate in the activity and return the uniform and equipment to the other
party at the end of their custodial period of time. Exchanges shall then take place at the
conclusion of the activity if Mr. Felton does not wish to do the exchange on Friday
evening. Both parties shall wait up to fifteen (15) minutes for the other party in the
event of a work or traffic delay. In the event of a delay due to work or traffic the
untimely party shall call or text message the other party with the reason and time of
arrival. My client does not agree to any limitation on who may accompany either
parent. The parties will be exchanging in a public place with numerous cameras to
record any poor behavior.
Holidays: In 2009 Mrs. Felton will have the children from 12/23/09-12/28/09 with an
exchange at 6:00 PM and Mr. Felton will have from 6:00 PM on 12/28/09 through
1/3/2010 at 6:00 PM. In December 2010 and later years the segments would alternate
and Mrs. Felton would have the second segment.
Easter may commence at 6:00 PM (or 7:30 PM if Mrs. Felton is working) on
the Thursday prior to Good Friday and end at either 6:00 PM or 7:45 PM the day
before the first day of school. Easter 2010 shall be with Mrs. Felton. Thanksgiving shall
commence on Wednesday at 6:00 PM (if Mrs. Felton is not working) or 7:30 PM (if Mrs.
Felton is working) and end just like Easter with Thanksgiving 2009 being enjoyed by Mr.
Felton.
Mother's Day and Father's Day should go to the respective parent from 10:00
AM to 6:00 PM.
Memorial Day will commence on Sunday at 6:30 PM and end on Memorial Day
at 7:00 PM. The parent not enjoying Easter shall have the Memorial Day Holiday.
Labor Day shall be with Mrs. Felton if Mr. Felton elects his summer vacation to
include July 4th. Otherwise, July 4th and Labor Day (6:30 PM on the day before the
holiday through 7:00 PM on the holiday) shall alternate.
The holiday schedule takes priority over any other period of custody. July 4th can
be alternated or handled as set forth in the summer paragraph below.
U
Page 3 (10/20/09)
Felton v. Felton
Tuesday Nights: Your client will pick up and drop off the children at Mother's
residence in New Cumberland from 6:00 PM to 7:30 PM and, in the event they have an
activity, will ensure they participate it that activity.
Household Check: We are willing to exchange photos of the residences.
Day Care: We are not willing to change the day care center since they have attended for
the last three years. There are no complaints against the facility and the children have
longstanding friendships with the staff and other children. My client is willing to let
your client select his own day care during the summer months when the children are
in the Baltimore area. Essentially, each party selects his/her own day care provider
when it is needed.
Summer: My client is willing to expand the present four (4) weeks to July 1't through
August 7th of each summer [39 days]. If your client wishes the 39 days to start and
end on a different date (so long as 31 of the 39 days include the month of July) that
is fine. The alternating weekend schedule is replaced with the summer schedule and
holiday schedule. Your client agrees that his vacations will end at least two (2) weeks
before the first day of school. My client is also willing to agree that July 4th is always
your client's holiday so long as his custodial time coincides with the holiday. In that
event, the Labor Day weekend/holiday will always be Mrs. Felton's time.
Language: No party shall use profane, discriminatory or demeaning language when
communicating with the other party via voice, mail, e-mail or text messages or in front
of the children. Nor will they permit others in the household to use such language to
describe the other parent. Essentially, all the a-mails and text messages calling
people names or labeling them as slovenly, lazy or unfit will end.
Land Line: My client does not have a land line. Any communications to Mrs. Felton
must go through her cell phone.
E-Mail: My client is willing for the girls to have their own e-mail accounts (through a
free service) through which Mr. Felton and they may communicate.
Very truly yours
SH/bth Xee ell, Esquire
cc:
Amy L. Felton
TRANSMISSION VERIFICATION REPORT
TIME 10/20/2009 18:04
NAME HOWELL LAW FIRM
FAX 7177701278
TEL
SER.# 000A6J528632
DATE DIME 10/20 18:03
FAX N0./NAME 8528780
DURATION 00:01:06
PAGE(S) 03
RESULT OK
MODE STANDARD
ECM
HOWELL LAW FIRM
619 Bridge Street, New Cumberland, Pennsylvania 17070
Telephone 717-770-1277
Fax 717-770-1278
**** VIA TELECOPIER 852-8780 ****
October 19, 2009
David C. Schanbacher, Esquire
Hoffineyer & Semmelman LLP
30 North George Street
York, PA 17401
RE: Felton v. Felton, No. 09-2066 Civil Term (Cumberland County)
Dear David:
I am willing to recommend a settlement as follows:
Custody: Mrs. Felton will retain primary physical custody and the parties shall share
legal custody. Both parties agree to not unreasonably withhold their consent to necessary
medical, psychological and dental treatment for the children.
School Year: Every other weekend commencing at 6:00 PM on Fridays through 6:00
PM on Sundays if Mrs. Felton is not working on Friday evening. If Mrs. Felton is
working on Friday evenings then the weekends would commence 7:45 PM on Fridays
through 7:45 PM on Sundays. If the children are off on either Friday or Monday from
school then he may enjoy the extra time. On those extended weekends the visit will
commence and end at the above times on Thursday (if no school Friday) and/or Mondays
(if no school on Monday) depending upon Mrs. Felton's work schedule. In addition, these
extended weekends are not in addition to the every other weekend schedule.
Transportation: For all exchanges unless otherwise specified, the parties will meet at
the Cracker Barrel at Exit 16A (236 Pauline Drive, York, PA 17402). It is simply
unreasonable to stand in the parking lot of the State Police when the Cracker Barrel has
easy parking, nice bathrooms, diversions for the children (in the event of a traffic delay)
and plenty of security cameras to monitor errant behavior. Your client will have a 30
minute commute while my client will have a 30 minute commute. In the event the
children have Saturday or Sunday extracurricular activities the party having custody shall
ensure they participate in the activity and return the uniform and equipment to the other
party at the end of their custodial period of time. Exchanges shall then take place at the
conclusion of the activity if Mr. Felton does not wish to do the exchange on Friday
evening.
Holidays: Christmas would be shared equally with the first segment running from
school break through Christmas Day and the second segment running from Christmas
Day up through and including New Year's Eve/Day. In 2009 Mrs. Felton would have the
children from 12//23/09-12/28/09 with an exchange at 6:00 PM and Mr. Felton would
p
Page 2 (10/19/09)
Felton v. Felton
have from 6:00 PM on 12/28/09 through 1/3/2010 at 6:00 PM. In December 2010 and
later years the segments would alternate and Mrs. Felton would have the second segment.
Easter may commence on Good Friday at 6:00 PM (if Mrs. Felton is not working)
or 7:45 PM (if Mrs. Felton is working) and end at either 6:00 PM or 7:45 PM the day
before the first day of school. Easter 2010 shall be with Mrs. Felton. Thanksgiving shall
commence on Wednesday at 6:00 PM (if Mrs. Felton is not working) or 7:45 PM (if Mrs.
Felton is working) and end just like Easter with Thanksgiving 2009 being enjoyed by Mr.
Felton.
Mother's Day and Father's Day should go to the respective parent from 10:00
AM to 6:00 PM.
Memorial Day will commence on Sunday at 6:30 PM and end on Memorial Day
at 7:00 PM. The parent not enjoying Easter shall have the Memorial Day Holiday.
Labor Day shall be with Mrs. Felton if Mr. Felton elects his summer vacation to
include July 4th. Otherwise, July 4th and Labor Day (6:30 PM on the day before the
holiday through 7:00 PM on the holiday) shall alternate.
The holiday schedule takes priority over any other period of custody. July 4`h can
be alternated or handled as set forth in the summer paragraph below.
Household Check: We are willing to exchange photos of the residences.
Day Care: We are not willing to change the day care center since they have attended for
the last three years. There are no complaints against the facility and the children have
longstanding friendships with the staff and other children.
Summer: My client is willing to expand the present four (4) weeks to five (5)
continuous weeks [35 days]. The alternating weekend schedule is replaced with the
summer schedule and holiday schedule. Your client agrees that his vacations will end at
least two (2) weeks before the first day of school. My client is also willing to agree that
July 4th is always your client's holiday so long as his custodial time coincides with the
holiday. In that event, the Labor Day weekend/holiday will always be Mrs. Felton's
time.
Page 3 (10/19/09)
Felton v. Felton
Language: No party shall use profane, discriminatory or demeaning language when
communication with the other party via voice, mail, e-mail or text messages.
SH/bth
cc:
Amy L. Felton
Unit 7
1102 Market Street
New Cumberland, PA 17070
Very truly yours,
TRANSMISSION VERIFICATION REPORT
TIME : 10/19/2009 09:42
NAME HOWELL LAW FIRM
FAX 7177701278
TEL
SERA 000A6J528632
DATE DIME 10119 09:42
FAX N0./NAME 8528780
DURATION 0:00:54
PAGE(S) 0
RESULT OK
MODE STANDARD
ECM
10/20/2009 10:41 FAX 17178528780 HOFFMYER & SEMMELMAN i47J 0 U2
a
William F. Hoffineycr*
Kenn L. Semmelrnan`*
James G. Keenan
David C.Schanbacher
Robert L. Buzaendore
Amy J. Phillips
Christine M_ O'Brien
Member OrAwwkan COUP of
Itcal issue lawyers
•• Feflow OfAnw{am Acadow
ofMxnmomal l,awym
" Of Courml; Adrvafted in PennsyN mia
and mwytmd
Tel: (717) 846-8846 ('York)
Tel: (717) 235-6133 (Shrewsbury)
?!i
30 North George Street 73 East Forrest Avenue
York, PA 17401 Shrewsbury, PA 17361
Darlene E_ Dubs
Vicki M. Runkle
Barbara A. Froman
Valerie Haight
Support Professionals
Marci J. Heidelbaugh
Office Manager
Sandra A. Haugh
Booldr qw
Fax: (717) 852-8780
E-Mail: Wofa?hoffsemm.com
Web: www.hoffie=.com
Please direct an eotrespoadence to York Office Handicapped Accessible In reply ploam refer to So no.
October 20, 2009
FACSDIILE ONLY: 717-770-1278 (Dictated October 19, 2009)
NO F1<RST CLASS IL WILL FOLLOW_
Steven Howell, Esquire T
Howell Law Firm
619 Bridge Street
New Cumberland, Pennsylvania 17070
Re: Felton v. Felton
Dear Attorney Howell.
13680-00
In response to your October 19, 2009 settlement offer, my client responds as follows:
1. Custody. Agreed. My client would like language added that is standard to wany custody
orders regarding the making of decisions along the lines of what you are proposing.
2. School Year. My client is agreeable to modifying the pickup and drop off times for his
every other weekend periods of custody, however, he would like an adjustment to them. If
Mother is not working, the pickup time remains 6:00 PM. If Mother is working, the
pickup time will be 7:15 PM. On Sundays, Mother would not be working, but my client
advises they have been exchanging about 6:45 PM and he is fine with that time. If the
children are off on a Friday that precedes or a Monday that follows his normal weekend
of custody, Father will pick up the children on Thursday at 6,00 PM (if Mother is not
working, 7:15 PM if she is) and alternatively, if the children are off on a Monday, Father
will retain the children until 6:45 PM.
Transportation. My client is willing to change the exchange point to Exit 14, Leader's
Heights, where there is a conveniently located McDonald's that has the same amenities as
the Cracker Barrel. Leader's Heights is less busy, has less traffic. My client also wants the
exchanges to occur both before and after periods of custody. Finally, my client requests
that only your client's mother be permitted to accompany her at exchange times to
prevent further incidents such as have happened in the past.
D
10/20/2009 10:41 FAX 17178528796 HOFFMYER & SEMMEL.MAN 10003
r
Steven 14owell, Esquire -2- October 20, 2009
4. Holidays. Pursuant to the parties' current agreement, my client was supposed to have all
of the Christmas vacation in 2008, but he did not get custody of the children until
Christmas night. Therefore my client would like all of the Christmas vacation this year to
make up for that, and in 2010, would agree to the parties splitting the holiday break, with
my client having custody during the first half.
As to Easter, my client agrees that if it is his weekend for custody (understanding 2010
will be your client's weekend), he will get custody on Thursday night (typically Good
Friday is a holiday so if it were his weekend, he would get that day anyway as a school
holiday) from 6:00 PM (or alternatively 7:15 PM if your client is working) until 6:45 PM
the day before school re-commences. Thanksgiving would follow the same time frame
(Wednesday at either 6-00 or 7:15 PM until 6:45 PM on the day prior to school re-
commencing) and my client has that holiday in 2009.
Mother's Day and Father's Day are acceptable as outlined, as is Memorial Day. If my
client is given the summer vacation including Fourth of July, then your client would have
labor Day each year. It is agreed that the holiday schedule takes priority over regular
periods of custody.
5. Tuesday Nights. You did not advise if your client objects to this so we assume she is
agreeable to my client having Tuesday evenings weekly with the children from 6:15 PM
to 8:15 PM (this was part of the original agreement but a particular night was not
specified).
6. Summer Vacation. My client still wants six weeks of vacation, commencing the last
Sunday in June until the second Sunday in August. That would still end my client's
sor=er vacation two weeks before school starts. And my client would then have the July
Fourth holiday. If six weeks are not acceptable, my client is willing to look at a
reasonable equivalent.
7. Household Check. My client is willing to exchange photos of the residences.
8. ]Daycare. My client would like to add a clause that either party may request the other
party change facilities if the facility in question becomes the subject of an investigation.
9. Language. My client will agree not to use strong language with or in front of the
children, but also requests that no written, orallvoicemail or email communication
between the parties be shared with the children by either party.
10. Land Line. My client would like language included that both parties should use a land
line when at home in accepting communications from the other party and that any such
communication be responded to promptly or that messages will be passed to the
appropriate parent for response promptly.
10/20/2009 10:42 FAX 171785287RO HOFFMYER & SEMMELMAN 10004
r
Steven Howell, Esquire -3- October 20, 2009
11. Cell Phone. The child should have open access to her cell phone and be permitted to
keep it in her possession. Father has previously set ground rules with the child regarding
the cell phone, including not taking it to school, no use until homework is finished, and
no use after 9:00 PM. The child should have open access to communication with Father
via either text message or telephone and Mother shall not censor or edit communication
with Father. Further, the children should be permitted e-mail communication with Father.
Very truly yours,
HOFFMEYER & SEMMELMAN, LLP
? C,
David C. Schanbacher, Esquire
DCS:db
xc: Dr. Patrick Felton
nxc: Barbara A. Froman, Support Professional
10/20/2009 10:41 FAX 17178528780
y
30 North George Street
York, Pennsylvania 17401
FAX NO. (717) 852-8780
PHONE NO. - (717) 846-8846
E-Mail - info@hoffsemm.com
HUFFMYER & 5HMMHLMAN
wJUUl
73 East Forrest Avenue
Shrewsbury, Pennsylvania 17361
PHONE NO. - (717) 235-6133
WEB - www.hoffsemm.com
FAX TRANSMITTAL "EE
NUMBER OF PAGES INCLUDING COVER PAGE: 4
TELEPHONE NO.:
FAX NUMBER: 717-770-1278
SEND TO: Stev Howell Es e
TRANSMITTED DOCUMENT DESCRIP'T'ION: letter
SPECIAL INSTRUCTTONS:
DATE: October 20.2009
FROM: David C. Sehanbache.r.quire
Hoffineyer & Semtnelman
ORIGINAL DOCUMENT _ WILL BE FORWARDED BY MAIL
x WILL NOT
NOTICE
If you have not received the document(s) as noted above, it is your responsibility to immediately contact our office. If you do not contact
our office, our records will reflect that you received the entire u msmission.
The information contained herein is confidential and is intended only for the use of the individual or entity named above. If the reader of
this message is not the intended rccipient, you are hereby notified that any dissention, distribution, or copy of this communication is
strictly prohibited. If you have received this message in error, please immediately notify us by telephone and return the original message to
us at the address above via the United States Postal Service.
Further, to comply with new Treasury Department Regulations (Circular 230), any tax advice contained m this communication (whether by
mail, telefax or email), is not intended or written to be used, and cannot be used, for the purpose of a person avoiding U.S. Federal Tax
penalties or for the purpose of promoting, marketing or recommending any entity, investment plan or other transaction. (This Notice is
being provided pursuant to U.S. Treasury Regulations governing tax practice.)
Thank you, Hoffineyer & Semmoluam LLP
PROVIDING QUALITY LEGAL SERVICE IN REAL ESTATE; DIVORCE AND FAMILY LAW;
ZONING & MUNICIPAL LAW; CIVIL LITIGATION; MEDIATION; BUSINESS LAW; TRUSTS & ESTATE LAW,
ELDERLY LAW, APPELLATE PRACTICE AND BANKRUPTCY LAW
CLIENT NAME: Patrick Felton
FILE NO. 13680-00
BELL CLIENT: yes
TRANSMITTED $Y-.
HOWELL LAW FIRM
6,19 Bridge Street, New Cumberland, Pennsylvania 17070
Telephone 717-770-1277
Fax 717-770-1278
• October 25, 2010
David C. Schanbacher, Esquire
Hoffineyer & Semmelman LLP
30 North George Street
York, PA 17401
RE: Felton v. Felton, No. 09-2066 Civil Term (Cumberland County)
Dear David:
I note that your latest filing - while specifically including your written offer to settle
dated 10/15/2009 - omits the following documents:
1. My October 19, 2009 letter which was received by your fax at 9:42 AM;
2. Your October 20, 2009 letter faxed on that date at 10:41 AM;
3. My October 20, 2009 letter faxed to you at 1:14 PM;
4. Your fax of October 20`" at 3:15 PM which states: "Out client is ok with everything
except the exchange point and the Tuesday nights. He will compromise on the
exchange point if your client will agree to him having the Tuesday nights from 6:00 -
7:30 PM."
5. My October 20, 2009 letter faxed to you at 6:03 PM confirming that the parties had
reached a complete settlement after my client agreed to the Tuesday evening visits.
My October 20'h letters (1:14 PM and 6:03 PM) differ in no major respects other than
Page 3 of the 6:03 PM fax where my client agrees to a Tuesday evening visit from 6:00 PM to
7:30 PM. You specifically stated in your fax of 3:15 PM that your client "is ok with
everything" in my fax of 1:14 PM if my client agreed to a Tuesday evening visit. In light of this
written trail, it is impossible to reconcile your statement to the Court in Paragraph 14 of the latest
filing that "Mother and her counsel misrepresented to Father, his counsel and the Court" that the
parties reached a settlement. Please consider this letter as notice under Pennsylvania Rule of
Civil Procedure 1023.1 that I shall file a Motion for Sanctions in thirty (30) days if you do not.
(a) correct the pleading to reflect the actual settlement documents, and (h) remove any
reference to myself or my client misrepresenting anything to the Court, you or Mr. Felton.
Please regard this letter as the Notice required by Pa. R.C.P. 1023.2 (b) that there is no legal basis
for filing any motion, petition or other pleading claiming that "Mother and her counsel -
misrepresented to Father, his counsel and the Court" that the parties reached a settlement in
October 2009. This will be you only advance notice.
SH/bth
cc:
Amy L. Felton
is only aysb*
wMh
?IfY A?1 SO!Wce First-Ch" Mali9parcels
Paros? is
. ...bo*vRan Nwm #k_ ,_ @r
mtm x
Very truly yours,
S n How , Esquire
a ej
F HOWELL LAW FIRM
' 619 Bridge Street, New Cumberland, Pennsylvania 17070
Telephone 717-770-1277
Fax 717-770-1278
October 25, 2010
David C. Schanbacher, Esquire
Hoffineyer & Semmelman LLP
30 North George Street
York, PA 17401
RE: Felton v. Felton, No. 09-2066 Civil Term (Cumberland County)
Dear David:
I note that your latest filing - while specifically including your written offer to settle
dated 10/15/2009 - omits the following documents:
1. My October 19, 2009 1e1ter_which was-received by your fax at 9:42 AM;
2. Your October 20, 2009 letter faxed on that date at 10:41 AM;
3. My October 20, 2009 letter faxed to you at 1:14 PM;
4. Your fax of October 20`b at 3:15 PM which states: "Out client is ok with everything
except the exchange point and the Tuesday nights. He will compromise on the
exchange point if your client will agree to him having the Tuesday nights from 6:00 -
7:30 PM."
5. My October 20, 2009 letter faxed to you at 6:03 PM confirming that the parties had
reached a complete settlement after my client agreed to the Tuesday evening visits.
My October 2& letters (1:14 PM and 6:03 PM) differ in no major respects other than
Page 3 of the 6:03 PM fax where my client agrees to a Tuesday evening visit from 6:00 PM to
7:30 PM. You specifically stated in your fax of 3:15 PM that your client "is ok with
everything" in my fax of 1:14 PM if my client agreed to a Tuesday evening visit. In light of this
written trail, it is impossible to reconcile your statement to the Court in Paragraph 14 of the latest
filing that "Mother and her counsel misrepresented to Father, his counsel and the Court" that the
parties reached a settlement. Please consider this letter as notice under Pennsylvania Rule of
Civil Procedure 1023.1 that I shall file a Motion for Sanctions in thirty (30) days if you do not.
(a) correct the pleading to reflect the actual settlement documents and (h) remove any
reference to myself or my client misrepresenting anything to the Court, you or Mr. Felton.
Please regard this letter as the Notice required by Pa. R.C.P. 1023.2 (b) that there is no legal basis
for filing any motion, petition or other pleading claiming that "Mother and her counsel
misrepresented to Father, his counsel and the Court" that the parties reached a settlement in
October 2009. This will be you only advance notice.
Very truly yours,
1 G? D? G( S n How , Esquire
cH/bth ^ G ? C E D
Amy L. Felton J
L
y ? F !`?°v?c? OCT 2 7 2010
-1 ?AVAJ
J "r
Hoffineyer & Semmelman
4
r
LAW OFFICES
HOFFMEYER & SEMMELMAN
30 NORTH GEORGE STREET
YORK, PENNSYLVANIA 17401
(717) 846-8846
E-Mail: info@hoffsemm.com
#13680-00
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, Pennsylvania 17070
Forwarded without cover letter:
RE:
DATE:
REFERENCE NO.:
Felton v. Felton
October 28, 2010
Copy of letter dated October 25, 2010 from Steven Howell, Esquire to David C.. Schanbacher,
Esquire with handwritten note from Attorney Schanbacher.
Returned with thanks
Copies for your files
For your signature
Kindly return
. x In response to your October 25, 2010 letter
In compliance with your request
Kindly telephone me about this matter
For your approval
Kindly let me have your comments
FROM: David C. Schanbacher, Esquire
/rm