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HomeMy WebLinkAbout04-4494 SCHRACK & LINSENBACH LAW OFHCES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA e~$\o\OI' ERIC A. BISIIICiJI', CML ACTION - LAW NO. 01- 4'fq'f ~ It.- CML TERM Plaintiff VS. AMY M. BISHOP Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may also lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House ] Courthouse Square Carlisle, Pennsylvania, ]7013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT ]S GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3]66 SCHRAC,g & LINSENBACH LAWOFFICr:S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA t1 :I:st\of ERIC A. BISH1OP, CML ACTION - LAW NO. 0'/ - 'I 'f q 'I C-u:;:,j~ CIVIL TERM Plaintiff VS. AMY M. BISHOP Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cwnberland County. This notice is to advise you that in accordance with Section 3302( d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. SCURACK & LJNSENBACH LAW OFFICES ERIC A. BISHOP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. No. 0 y. ,/</q'l e;;J........ AMY M. BISHOP, Civil Action - Law Defendant IN DIVORCE COMPLAINT UNDER ~ 330](C) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, ERIC A. BISHOP, by and through his attorney, Brian C. Linsenbach, and files the within Complaint in Divorce and represents as follows: 1. Plaintiff is ERIC A. BISHOP, who currently resides at 18 Marilyn Drive, Carlisle, Pennsylvania 17013. 2. Defendant is AMY M. BISHOP, who currently resides at 1917 Reservoir, Carlisle, Pennsylvania 17013 . 3. Plaintiff and Defendant are both bona fide residents of the Commonwealth of Pennsylvania, Cumberland County, for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 22th of June, 1996, in Cumberland County, Pennsylvania. 5. There are two children born ofthis marriage, namely; TESSA M. BISHOP born August 8, 1997; and COLLIN R. BISHOP born June] 8, 2001. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United SCHRACK & LINSENBACH CAWOFF1n:S States or its allies within the provisions ofthe Soldiers' and Sailors' Civil Relief Act. 7. There have been no prior actions of divorce of annulment between the parties in this or any other jurisdiction. 8. The marriage is irretrievably broken. 9. Plaintiffhas been advised ofthe availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully Submitted, B~~d(~ Attorney for Plaintiff Schrack & Linsenbach Law Offices 124 W. Harrisburg Street P.O. Box 310 Dillsburg, PA 17019 Telephone: (717) 432-9733 Fax: (717) 432-1053 SCHRACK & LJNSENBACH I,AWOFFICl'S ERIC A. BISHOP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. No. AMY M. BISHOP, Civil Action - Law Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. [~ Q.-6~ ERIC A. BISHOP, Plaintiff Date: ~ 12.110 '-I t-...) Cj C:l ,--"".' ~~~2 -.'1 ~ .--! >::;: :::--,-., ""'.- ~ 9 Jr ., \" A 1 I.,J _J r~) ~, l;; l'\ --.," .., " ~ (:') '" ....., ;'1'1 "" ~ 0 '" /'" <:::> (,) 'd . SCJIR..\CK & LINSENBACH LAW OFHCES ERIC A. BISHOP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0'-1 - ic; 'lrJ (')".:/ 7cr__~ Plaintiff vs. AMY M. BISHOP, Civil Action - Law Defell<lam IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above action. Date: Seotember 3.2004 () S:.; ~1~ f:?, -:5~ ':J._, VJ .-"- I:;: ~~\ -z: 3. r-' g; .s=- c/> t:'J N C;J:J -0 :Jl'; ~ ..... fF,~ ~\~, -:L_-n 90 '5m =... ~ ':': o C;J:J SCHRACK & LINSENBACH LAW OFFICES ->------" 124 W. Harrisburg St. Post Office Box 310 Dillsburg, P A 17019-0310 (717) 432-9733 Fax (717) 432-1053 IN THE COURT OF COMMON PLEAS OF CUMBERLANJ[) COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ERIC A. BISHOP, Plaintiff vs. No. 04-4/.94 Civil Term Defendant Civil Actiolll - Law IN DIVORCE AMY M. BISHOP, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 7, 2004 2. The marriage of Plaintiff and Defendant is irretri,evably broken and ninety days have elapsed from the date of filing and service of the initial Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 1~}*4 [~, u- -6~ Eric A. Bishop IN THE COURT OF COMMON PLEAS OF CUMBERLAl'lD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIC A. BISHOP, Plaintiff vs. N 04-4494 Civil Term o. Defendant Civil Action - l..aw IN DIVORCE AMY M. BISHOP, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE lJNDER ~3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1(,). j to ) D4 , L~ u. -6~_ Eric A. Bishop r- ,) r..:-::':-J .....,.. C.,'..,) "~I ..J_- -ll '7:' '-/ . , -r~ . , ; n Cj . - ,', fl1 . I ~ >>. t (.C l ) I ""f C) ", ~ ~ 1- ~ <. ., , :-! " : , ; ., '", '. en , , " .' 1NS-ENSA' LA w OFF~ 124 WfIarri~urg St. Post Otlce Hox 310 Dil1Sburg, f>A. 17() 19-0310 (17) 432-9733 Fax (717) 432~1 053 ERIC A. BISHOp, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PElVlVSYL V AlVIA CIVIL ACTION _ LA W Plaintiff vs. AMy M. BISHOP, Defendant NO.~ Civil Action - I,a", IN DIVORCE September 7, 2004 L A Complaint in Divorce under Section 3301(c) of the Divorce Code Was filed On AFFIDA VIT OF CONSENT 'apSed from the date of filing and Service of the initial COlOplaint e. , 2. Tbe marriage of Plaintiff and Defendant is irretrievably broken and ninety days have req'lt entry of the decree. 3. I consent to the enlly of a final decree of divorce after Service of notice of intention to feesPenses if! do not claim them before a divorce is granted. 4. I understand that I may lose rights concerning alimony, diVision of property, laWYer's rify that the statements made in this atlidaVit are true and correct I understand that false stal"l,erein are made snbject to the penalties of 18 Pa.c.s. *4904 relating to unswom falsi to authorities. Date/j~ Jo~/_ I - ,,-- -) ~ IN THE COURT OF COMMON PLEAS OF CUMBERLANU COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIC A. BISHOP, Plaintiff vs. No. 04-44,94 Civil Term AMY M. BISHOP, Defendant Civil Action - I.aw IN DIVORCE WAIVER OF NOTICE OF INTENTION 1'0 REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: I:JJlo. 1()4 I I ~.~~ Amy M. Bishop \ , ) '. r- :. r-' C."':> C ;} ...,l..~- .-:J r,l "- ~:, \.....:, -,"; en ( ~ -r1 :~,J '. -; 1 ~-r.' . 3 ~~.~ ':1 :'i ":' ) 1111 BrianlClientslBishop, EricIMarriage Settlement Agr, MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this IJ!1t.- day of _~ ,2tJPI, is by and between ERIC A, BISHOP, (hereafter called "Husband or "Father"), and AMY M. BISHOP, (hereinafter called "Wife"or "Mother"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 22,1996, in Cumberland County, Pennsylvania, of which marriage two children occurred, namely: TESSA M. BISHOP, bom August 8,1997 and COLLIN R. BISHOP, born June 18,2001; and WHEREAS, differences have arisen between the parties in consequence of which they intend to live apart from each other. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the paliies hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either pmiy. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the pali of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy di fferences which may occur subsequent to the date hereof. 2, EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in divorce may be entered with respect to the parties. SCHRACK & LINSENBACH LAWOI-l'JU,S 3, AGREEMENT TO BE ]NCORPORATED]N D]VORCE DECREE. The parties agree that thc tenns of this Agrecment may be incOlvorated into any divorce Decree which may be entered with respect to them. 4, NON-MERGER. It is the par1ies' intent that this Agreement docs not merge with the divorce Decree, but, rather, it continues to have independent contractual significance, and each pal1y maintains their contractual remedies. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6, DISTRIBUTION DATE. The transfer of propel1y, funds, and/or documents provided for herein shall only take place on the "distribution date", which shall be defined as the date of execution of this Agrecment, unless othcrwise specified herein. 7, ADV]CE OF COUNSEL. The parties hereto dec1ar'e that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection in negotiation of, and fonnalization of this Agreement; that Husband has been independently represcnted by Brian C. Linsenbach, Esquire, of 124 West HarTisburg Strcct, Dillsburg, Pcnnsylvania; and that Wife has indcpendently reprcscntcd by Kara W. Haggel1y, Esquire, of 36 South Hanover Strcet, Carlisle, Pennsylvania. 8, F]NANCIAL DISCLOSURE. The parties eOnfil111 that eaeh has relied on the substantial accuraey ofthe financial diselosure of the other, as an indueement to the exeeution of this Agreement. 9. PERSONAL PROPERTY. SCHRACK & LINSENBACH I.AWOf'J!CtS Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, to their mutual satisfaetion. 2 ]0. AFTER-ACOUlRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, tangible or intangible, personal, real, or mixed, acquired by him or her after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmalTied. ]1. DISPOSITION OF 40lK RETIREMENT, The parties hereto acknowledge that Husband has approximately $9.000.00 vested in his 40lK retirement plan. Husband shall list Tessa Marie Bishop and Collin Robert Bishop as sole beneficiaries an amount of$9,000.00 of his 40lK fund, with no otherperson(s) having access to this amount. In exchange, Wife does hereby agree to relinquish and quit-claim unto Husband all of her right, title, and interest in and to said 401 -K retirement plan. ]2, D]VISION OF BANK ACCOUNTS/STOCKS/CASH, a). Except for provided in B below, the parties have divided cash reserves and bank accounts to their mutual satisfaction, and from and after the date of execution of this Agreement, neither party shall assert claims against any joint account, or any account maintained by the other. b). Upon both parties signing the divorce documcnts, Husband shall pay to Wife the sum of Three Thousand Dollars ($3,000.00), to be paid as follows: i.) One Thousand Dollars (SI,OOO.OO) to be paid at the srgnmg of this Agreement; and ii.) One Hundred Dollars ($100.00) shall be paid each month thereafter until paid in full. 13. W A]VER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce, and forever abandon any right, title, interest, and claim, if any, either par1y may have in and to any inheritance of any kind or nature whatsoever, previously or in the future received by the other party. SCHRACK & LINSENBACH 1.....W(\)-I.lCrs 3 ]4. DEBTS OF THE PARTIES, Wife represents and warrants to Husband that at the time of marital separation, and since the date of marital separation, no obligation exists for which he would be responsible. Similarly, Husband represents and walTants to Wife that at the time of marital separation, and since the date of marital separation, no obligation exists for which he would be responsible. Each party represents and warrants to the other that he/she will assume full responsibility for the debts enumerated, and release and discharge the other from any obligation therefor; and further represent to eaeh other that neither shall incur any debt or liability after the exccution of this Agreement for which the other, or his or her separate estate might be responsible. 15. CUSTODY OF CHILDREN. a). Joint legal custody of the minor children, as that term is defined in the Custody Act I 985, October 30, P.L. 264. 264, No. 66, Section 1,23 Pa.C.S.A. 5301 ct seq. shall be equally shared between Mother and Father. Joint legal custody means the right of both parents to share in making decisions of impol1anee in the lives of their children, including education, medical and religious decisions. Both parents shall be entitled to equal access to the children's school, medical and dental records. b). Physical custody of the children shall be equal and according to the following schedule: The following schedule shall altemate between the parties; i). Starting at noon on Sunday, Father shall have custody of the children until Monday A.M. at the time when the children shall be dropped off at the babysitters; ii). Mother shall pick up the children Monday in the aftemoon at the babysitter's and have the children until Tuesday, A.M. until such time to drop the children off at the babysitter's; iii). Father shall then pick up the children Tuesday in the aftemoon at the babysitter's and have the children until Wednesday, A.M. until such time to drop the children off at the babysitter's; SCHRACK & LINSENBACH L.~\\' OlTIClcS 4 iv). Mother shall pick up the children Wednesday in the afternoon at the babysitter's and have the children until Thursday, A.M. until such time to drop the children off at the babysitter's; v). Father shall pick up the children Thursday in the aftemoon at the babysitter's and have the children until Friday, A.M. until such time to drop the children off at the babysitter's; vi). Father shall pick up the children Friday in the afternoon at the babysittcr's and shall have the children through Sunday and transport the children to the Mother's rcsidence by noon. vii). This weekend schedule shall altemate between Mother and Father. c). Holidays shall be split according to the following schedule: Each parent shall have the children for one-half day; the Wife shall have the children Christmas moming and the Husband shall have the children Christmas evening, and the same for New Years Day and Thanksgiving. Thc moming and aftemoon holiday schedule may vary depending upon the day of the week the holiday falls upon and which parent has custody at the time. d). Vacations. The parties agree that cach parent may have two uninterrupted weeks of vacation with the children. Parties must givc each other at least 30 days advance noticc when intending to excrcise this right of custody. SCHRACK & LINSENBACH L.'IWUJTln,S e). Legal Custody Defined. The pm1ies agree that major decisions conceming the children's health, welfare, education, religious training and upbringing, shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a hannonious policy to arrive at a decision that is in the children's best intcrest. Each party agrccs to keep the other informed of the progress of the childrcn's education and social adjustments. Each pal1y agrees not to impair the other parties' right to share legal custody of the children. Fm1hcr, each party agrees to give support to onc another in the role as parents and to take into account the consensus of the other parent for the physical and cmotional well being of the children. The par1ies agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agrec that the children will be encouraged to contact their Mother and Father by telephone at all reasonable times. 5 I). Positive Relationships. Each of the parents and any third party in the presence of the children shall take all measures deemed advisable to foster a fceling of affection between the children, the other parent, and the partner of the other parent. Neither pal1y will do or say anything which may estrange the children fi'om the other parent or the partner of thc other parent, or their spouses or relatives of the children or injure the children's opinion of the othcr parent or the partner of the other parent which may hamper the free and natural development ofthc childrcn's love and respect for the other parcnt or the partner ofthc other parcnt. g). Consultation. Each party shall confcr with the othcr on all matters of imp0l1ance as oftcn as may be necessary regarding mattcrs pcrtaining to the children, relating to the childrcn's health, maintenance and cducation with a view toward obtaining and following a harmonious policy in the children's education and social adjustments, which shall include the following: i). School. For purposes ofrelocation only, the pal1ies agree not to move the children from the cunent school distJ1ct, unless agreed upon by both paJ1ies. ii). Matters ofImoortance. On all matters of importance relating to the children's health, education and welfare, each party shall have the duty to confer with the other, with a view to adopting a harmonious policy calculated to promoting the childrcn's best interests. This duty shall include the requirement that each party advise and discuss with the othcr all important events in the children's life, including byway of example, but not limitcd to: schoolmcetings, travcl plans, medical conditions, cducational progress and plans, summer camp alTangements, extracunicular activities, vacation plans, etc. In the event that a significant matter arises with rcspect to the financial or other care of the childrcn, such as a change in occupation, health insurance, educational expenses, day care expenses and other matters, those matters shall be discussed with the other parent before any unilateral changc is made. iii). Location. Each party agrees to keep the othcr informed of his or her residence and telephone number to facilitate communication conceming the welfare of the children and visitation. Each party agrees to supply the name, address and telcphone numbers of any person in whose care the children will be for a period in excess of 72 hours and for each person and entity which may providc day care for the children. SCHRACK & LINSENBACH LA W (lJ+I(T.~ 6 In the event of any emergency or serious illness of either of the children at any time, any party then having custody of that child shall immediately communicate with the other party by telephone or any other means practical in informing the other party of the nature of the illness. The word "illness" as used herein shall mean any disability which confines either child to bed for a period in excess of72 hours or which places the child under the direction of a licensed physician. During such illness, each party will have the right to visit the child as often as they are able or they desire, consistent with proper medical care of that child. h). Timeliness. Each party shall arrive on schedule for transfer of custody. In the event any party is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other means of communication, the other party may assume that the parent who is late has chosen not to exercise that period of custody. In that event, the period will be forfeited and the other pariy shall be free to make other plans with the children. i). Transporiation. The transportation shall be shared by the parties. A party who has custody of the children ovemight on a school night shall transport the children to school the following moming. Otherwise, the party who is resuming custody shall transpOli the children. No person trar1sporting the children shall consume alcoholic beverages nor be under the influence of any alcoholic beverages while transporting the children. Additionally, all parties transporting the children shall drive in a safe and orderly manner. j). Telephone Contact. Each party shall provide the children reasonable access to a telephone during his or her period of custody. Both parties are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to either child, or preventing either child from calling the other parent, provided that the phone calls arc not excessively frequent nor too long in duration that they disrupt the children's schedule. k). Safetv of Children. Each pariy agrees that the children shall not operate heavy machinery (such as power saws or lawn mowers) until the child has reached the age of 13. When the child has reached the age of 13, each party agrees that the child shall be supervised when operating any such machinery, until such time as the child is able to operate the machinery on his/her own. SCHRACK & LINSENBACH LA\\'('H'lCL~ I). Extracurricular Activities. Each pariy shall provide the other with at least 48 hours advance notice of school or other activities whenever possible. 7 Both parties shall agree to honor and participatc in thc activities that the children wish to engage in. During the timcs that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. Neither parent, however, shall sign up a child for any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon that child maintaining passing grades in school. Neither parent shall sign up achild for activities that fall on the other parent's period of custody, without the consent of the other parent, which conscnt shall not unreasonably be withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be rcquired to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody ofthe child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. m). Financial Carc of Children. In the evcnt that a significant mattcr ariscs with respcct to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. n). Modification. The parties are free to modify the temlS ofthis agreement but in order to do so, both parties must be in complete agreement to any new tcmlS any modifications shall be writing. ]6, CHILD SUPPORT, SCHRACK & LIl'iSE:\BACH 1_,<WOH'IClS a). Except for provided in b) below sincc cach of the paJiies is providing primary physical eustody of the children, it is agreed by the parties that neither shall be responsible for the payment of support to the other, for the benefit ofthe children. However, ifmajor expenditures are required, the parties will undertake a sharing thereof as benefits the best interests of the children. 8 b). Father shall be responsible for the cost of child carc during thc work week up to the amount of One Hundred Thirty Dollars ($130.00) per week maximum, until such time as the parties agree that it is no longer necessary. c). Father shall be responsible for providing health care insurance coverage on both of the children and providing the Mother with the insurance infomlation. ]7. PAYMENT OF SPECIFIC OBLIGATIONS. During the course of the man'iage, Husband and Wife have incUlTed certain bills and obligations and have amasscd a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each ofthc bills were incurred, that each party shall be responsible for all bills, obligations, and debts that existcd at the time of the parties' separation, and which are attributed to assets retained by each party, and each party agrees to indemnify and save the other hamlless from any claim therefore. 18, BANKRUPTCY. The parties hereto agree that the prOVISIons of the instant Agreement shall not be dischargeable in bankmptcy, and expressly agree to reaffirm any and all obligations contained herein. 19, F]NAL EOUlTABLE D]STRIBUTlON OF PROPERTY, The parties agree that the division of all propcrty set forth in this Agrccmcnt is equitable, and in the event an action in divorce is commenccd, both parties relinquish the right to divide said property in any manner not consistent with the ternlS set fOl1h herein. It is further the intent, understanding, and agreement of the parties that this Agreement is a full, final, complete, and equitable property division. 20. FEDERAL ]NCOME TAX STATUS. The parties agree that Husband shall be authorized to claim Tessa M. Bishop on his Income Tax Returns, and Wife shall be authorized to claim Collin R. Bishop on her Income Tax Retums. 21. })ERSONAL RIGHTS, SCHRACK & LINSENDACH U\WOI-/'ICES Husband and Wife may, at all times hereafter, live separate and apal1. They shall be free from any control, restraint, interference, or authOlity, direct or indirect, by the other in all respects as fully as if they were unmarricd. They may reside at such place or places as they may select. Each 9 may, for his or hcr separate use or benefit, conduct, carry on, and cngage in any business, occupation, profession, or employment which to him or hcr may sccm advisablc. Husband and Wife shall not molest, harass, disturb, or malign cach other or the respective fami I ics 0 f each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 22. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quite laim, and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right, title, and interests, or claims in or against the prope11y (including income and gain from propcrty hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or any time hereafter may havc against such other, the estate of such other, or any pm1 thereof, whcther arising out of any fonner acts, contracts, engagements, or liabilities of such other, or by way of dower or curtcsy, or claims in thc naturc of dower or curtesy, or widow's or widower's rights, family exemption, or similar allowance, or undcr the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveymlce by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whcther arising under the laws of (a) thc Commonwealth of Pennsylvania; (b) State, Commonwealth, or tenitory of the United Statcs; or, (c) any other country. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete, and general rcleasc with rcspect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only cxcept, all rights, agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof 23. WAIVER OR MODlF]CATlON TO BE IN WR]TlNG. No modification or waiver of any of the tenns hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof, or default hcreunder, shall be deemed a waiver of any subsequent default of the same or similar nature. 24. MUTUAL COOPERATION, SCHRACK & LINSENBACH 1......W{H1'It'ES Each party shall, at any time from time to time hercafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instrumcnts and/or documents that the other party may reasonably require for the purpose of giving full force and effect to thc provisions of this Agreement. 10 25, AGREEMENT B]NDlNG ON HE]RS, This Agreement shall be binding, and shall inure to the benefit orthe pm1ies hereto and their respective heirs, executors, administrators, successors, and assigns. The act of reconciliation by the parties shall not work a temlination ofthe provisions of this Agreement -- rather, the Agreement shall remain in full force and effect, and the division of assets accomplished hereunder shall be deemed final. 26. ]NTEGRATlON. This Agreement constitutes the entire understanding of the parties, and supersedes any and all prior agreements and negotiations between them. There are no representations or walTanties other than those expressly set fOlih herein. 27. OTHER DOCUMENTATION, Wife and Husband covenant and agree that they will forthwith (and within at least 20 days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be neeessmy or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively thc terms of this Agrcement. 28, NO WAIVER OF DEFAULT. This Agrcement shall remain in full force and effect unless and until terminated undcr and pursuant to the temlS of this Agreement. Thc failure of eithcr party to insist upon strict pcrfol1nance of any of the provisions of this Agrecment shall in no way affect the ri ght of such pm1y hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict perfomlance of any other obligations herein. 29. BREACH, If either party breaches any provision of this Agreement, the other party shall have the light, at his or her election, to sue in Jawor in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs inculTed by the other in enforcing his or her rights under this Agreement. SCl\IlACK & LINSENBACH LAW OFl'KT.<; 11 30, SEVERAB]LITY. If any tenn, condition, clause, or provision of this Agreement shal \ be dctem1ined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 31. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 32. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inselied solely fer convenience ofreference, and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect. ]N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: r .-1~ ~ Co. -b,',^lt L'r ERIC A. BISHOP Grnu ^ -v'v\ ~ AMYM.B]~HOP ~ SCHRACK & LINSENBACH 1.."'W(WI.ICl-_~ 12 COMMONWEALTH OF PENNSYLVAN]A : ~ 'OS COUNTY OF On this, the /7/1l dayof & _,.t06>!bcforc me, a Notary Public, the undersigned office!, personally appea ed RIC A, BISHOP, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he exccutcd the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto s hand and Notarial Seal. C:'--">-- r.Ji,~ta~io! S;;;;--"- -'--~-I .J.<1I1~!13. (k~rR Nn:n:y Pub:!,'J ......:' !:;[>L.:lJq~ tJoro, Ymk O)llfk{ ,~ t~:~:i~l~'.~~~:~~ ~.;:~~~:~::'~~~::-,:!.?~~_.J ~;Inom.l HfliiSv!t':mia A<J!;rX!;ll;(:n OJ tbt.':111')1) COMMONWEe;;::lNSYI.V ANIA COUNTY OF On this, the 17t/{ dayof a~ ,,;Otv(beforcme,aNotaryPUbliC, the undersigned officer: personally app red AMY M, B]SHOP, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein eontaincd. SS, ]N WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. SCHRACK & LINSENBACH L^W(Wn('l..S - J NotminJ Sool Janet S. Gom, Notary ["ublic D\\\f;buTg 13ofo, '{{Ilk County My Commission Fxpim':'l OCL 25, 2006 ---.----".--..- Mom11Of. Punnsytv<m\.. As:;xJ;J1.ion 01 Notarles f._- .' \ (, r l..-;" ]N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIC A. BISHOP Plaintiff No. 04-4494 CIVIL TERM vs. AMY M. BISHOP, Civil Action - Law In Divorce Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) of the Divorce Code 2. Date and manner of service of the complaint: Hand deliverv on September 3, 2004. A copv of the signed and time-stamped Acceptance of Service is attached. 3, Date of execution of the affidavit required by S3301(c) of the Divorce Code: By Plaintiff: December 6, 2004 By Defendant: December 6, 2004 4. Related claims pending: None. All claims settled bv written agreement between the Plaintiff and Defendant dated June 17,2004. Paragraph 3 of said Agreement gives authoritv to be incorporated into the Decree, 5, Date Plaintiff s Waiver of Notice was filed with the Prothonotary: December 9, 2004. Date Defendant's Waiver of Notice was filed with the Prothonotary: December 9, 2004. 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