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HomeMy WebLinkAbout04-5068 II I. =l\ClJ,st\l-custdy.not MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01./- S-Olo ~ STEPHEN MARK KLASE, CIVIL ACTION - IN DIVORCE and CUSTODY Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 II 1'1 . n \d:;.v\KLASEcomplaint I ! i v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'1- 5p"f MICHELLE LYNN KLASE, Plaintiff STEPHEN MARK KLASE, CIVIL ACTION - IN DIVORCE and CUSTODY Defendant COMPLAINT IN DIVORCE UNDER ~3301 (C) AND/OR (D) 1. Plaintiff is MICHELLE LYNN KLASE, an adult individual resid- ing at 708 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is STEPHEN MARK KLASE, an adult individual residing at 209 Evergreen Road, New Cumberland, Fairview Township, York County, Pennsylvania 17070. 3. The plaintiff and defendant have been bona fide residents of the Commonwealth of Pennsylvania for more than six months before filing the complaint in divorce. 4. The plaintiff and defendant were married on March 9, 1993, in Cumberland County, Pennsylvania. 5. The plaintiff and defendant are citizens of the United States. -1- !I I 6. The marriage is irretrievably broken. 7. The defendant is not a member of the Armed Services of the United States. 8. The plaintiff has been advised of the availability of coun- seling and of the right to request that the Court require the parties to participate in counseling. 9. The parties have lived separate and apart and for a period of at least two (2) years. WHEREFORE, plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 5 3301 @) and/or (d) of the Divorce Code. COUNT I COMPLAINT FOR CUSTODY 10. The plaintiff is Michelle L. Klase, an adult individual, currently residing at 708 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 11. The defendant is Stephen M. Klase, an adult individual, currently residing at 209 Evergreen Road, New Cumberland, York County, Pennsylvania, PA 17070. 12. Plaintiff seeks primary physical custody of Justin R. Klase, who resides at 708 Sherwood Road, New Cumberland, PA 17070, and is Eight and ~ years of age having been born on February 4, 1996. -2- !I The child was born of this marriage. The child is presently in the custody of the Plaintiff who resides at 708 Sherwood Road, New Cumberland, Cumberland County, PA 17070. During the last six years, the child has resided with the following persons and at the following addresses: NAME Plaintiff ADDRESS 708 Sherwood Road DATES 4/98 to present The mother of the child is Michelle L. Klase currently residing at 708 Sherwood Road, New Cumberland, PA 17070. She is married to defendant with a divorce complaint filed contemporaneous with this filing. The father of the child is Stephen M. Klase currently residing at 209 Evergreen Road, New Cumberland, York County, PA 17070. He is married to Plaintiff. 13. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: NAME RELATIONSHIP Plaintiff and the child's maternal grandparents 14. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: NAME Alone RELATIONSHIP -3- II r 15. Plaintiff had previously filed an action in York County, but was unable to finalize the action; therefore this action is being filed in Cumbe,land County contemporaneous with a Praecipe to dismiss and discontinue the action in York County. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child; (b) The mother is able to provide a stable home and with an extended family environment for the child allowing the child opportunity to spend time with the child's father consistent with a schedule the parties can arrange between themselves. 17. Each parent whose parental rights to the child have not been I I terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant the parties shared legal custody of the minor child, giving primary physical -4- II !" custody of the child to the Plaintiff/mother and partial physical custody to the Defendant/father. Respectfully submitted, STONE LaFAVEY ./ / / .// SHEKLETSKI E Plaintiff -5- ~l\d~v\l-verifi.aff VERIFICATION MICHELLE LYNN KLASE states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. vY1~; tQlt d? lJfYWL \u.oAL)JL MICHELLE L~ KLASE Date: l' OJ -(0- 0 Y @ ,....) , 0 \.) ~~ ~. C'- -.... <J ..() ~) v 0 ''-"' -- ("' d c'" v' ~ 'P -~ " d J\ ~ ~ c/' ~ ~ OQ 0) ~ -I-. ~t <>. '. .~ :l\div\KLASEse~vice MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5068 CIVIL ACTION STEPHEN MARK KLASE, Defendant CIVI~ ACTION - IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE I, Jordan D. Cunningham, Esquire, Attorney at Law, hereby accept service of a certified copy of the Divorce Complaint filed on October 7, 2004, to the above term and number on behalf of the Defendant, Stephen Mark Klase, on this 5th day of November, 2004. Respectfully submitted, k .4' CUNNIN AM &C, COFF, P.C. ~: / ./:~ orda D. Cunningham, Esquire Attorney I.D. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-457 Telephone: 717-238-6570 T"<) c':,:') C::..) ,;,.,""\ s- ;:2: N cr, (~".? a fl\div\KLASEaffofconsent MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5068 STEPHEN MARK KLASE, Defendant CIVIL ACTION - IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on October 7, 2004, and served November 5, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 falsifica- tion to authorities. q I;/.\! b{ , . '. ",;~" i " ' \.(' i >. ; :' '\ \tU\ kxtL l \, ~lLh' UJ \.- -" MI HELLE LYN KLASE, Plaintiff Date ~"~-~"--------"."~ r--" <= = cJ'l 52 ... " -l 1 ..r-- -~ 'd ~ ~ .....- \--'t,-r1 ~p ~~)~ {:~)!;"~)\ g~~ ~5 -< f9 (~" CP , fl\div\KLASEaffofconsent MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5068 STEPHEN MARK KLASE, Defendant CIVIL ACTION - IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1, A complaint In divorce under 5 3301(c) of the Divorce Code was filed on October 7, 2004, and served November 5, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 5 4904 relating to unsworn falsifica- tion to authorities. Date 911fs .I j ;f ,/ JI/ --.- STEPHEN MARK KLASE, Defendant t--.) c:;) = cJ1 o ;:;''''-) -~ o .1 .-1 Fh~ !:f..1 '--" I r;? -;.: r- ~- ("5 m ~: (..., co -------------- [ I fl\div\KLASEwaiverofnotice MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5068 STEPHEN MARK KLASE Defendant CIVIL ACTION - IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TINDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsi fica- tion to authorities. Date C\ Id-\ \ oS- ''-\\,\ l t't JUU'IJLJ)LI\ \Kt[(,Je MICHELLE LYNN1 KLASE, Plaintiff ---- /'0.") c:';:) =~ c:..n o C) -1 I C" o -n -:! :1- "'1 rnp m t;::; (J ~r! -T} -~ -'-' r.'.) <-.) CO . rl\div\KLASEwaiverofnotice MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5068 STEPHEN MARK KLASE 'Defendant CIVIL ACTION - IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 33Cl(c) CF 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 r"r,'Y""ro........+- ......... ___'...L .J... ...... '--' \..... .. I undc~st0~d th3t fclsc St~t2~C~~G her2i~ a~e made 01,1--.-i -.......+- wUU..)CvL to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. f/I'/'s Date STEPHEN -- 0 r--.:l C) C::-.> c.: c::::::;> -n en 0 :r C) 'Tl -.....{ f.n r- ""(71 IT; P'- ';;~ q ....... (""':" \.~,r :::r: :p ...-.... ::;: ('5 i'J tt' "1:> Co.) :.0 co -< MICHELLE LYNN KLASE, Plaintiff : IN THE COURT OF COMMON PLEAS : : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL DIVISION : STEPHEN MARK KLASE, Defendant : NO. 04-5068 CIVIL TERM : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the fo11owing information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievab1e breakdown under S3301(c) ~~tt~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the comp1aint: Regular First Class Mail - Service Accepted by Jordan D.Cunningham, Esq., on behalf of Defendant. 3. Comp1ete either paragraph (a) o~ (b). (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by plaintiff September 21, 2005 by defendant September 14, 2005 (b)(1) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: : (2) Date of filing and service of the plaintiff"s affidavit upon the r~spondent: 4. Related claims pending: No claims raised 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date p1aintiff's Waiver of Notice in S3301(c} Divorce was filed with the Prothonctary: Date defendant.s Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: . tiff)(nu~t) squire fl\dlv\KLASE,MICHELLEN-motiontoincorporate MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5068 STEPHEN MARK KLASE, Defendant CIVIL ACTION - IN DIVORCE AND CUSTODY MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE MICHELLE LYNN KLASE, Plaintiff in the above action, by her attor- neys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated August 8, 2005, into the Decree in Divorce. STONE Stone r Plaintiff ., 1 MARlT AL SETTLEMENT AGREEMENT BY AND BETWEEN MICHELLE LYNN KLASE AND STEPHEN MARK. KLASE Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 (Attorney for Stephen Mark Klase) Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, P A 17070 (Attorney for Michelle Lynn Klase) TABLE OF CONTENTS PAGE HEADINGS 2 1. ADVICE OF COUNSEL ............................. 2. DISCLOSURE OF ASSETS .......................... 3 3. EQUITABLE DISTRIBUTION ........................ 4 (a) Marital Property........... ........ ....... 4 (b) Property to Wife ......................... 4 (c) Property to Husband ...................... 4 4. LIABILITIES............ .... ....... 5 (a) Marital Debt........................ 5 (b) Indemnification of Wife...................... 5 (c) Indemnification of Husband................... 5 (d) Warranty as to Future Obligation................. 6 5. CUSTODY OF MINOR CHILD............... 6 6. CHILD SUPPORT, INCOME TAX DEPENDENCY EXEMPTION FOR MINOR CHILD AND MEDICAL INSURANCE................................... ...... 7 7. COUNSEL FEES .................................. 7 8. WANER OF BENEFICIARY DESIGNATIONS ............ 7 9. RELEASE OF CLAIMS ............................. 8 ii " .. TABLE OF CONTENTS (Continued) HEADINGS PAGE 10. PRESERVATION OF RECORD ........................ 10 11. MODIFICATION ................................. 10 12. SEVERABILITY ... ........ ...................... 10 13. BREACH ............ ................. .......... 10 14. WANER OF BREACH ............................. 11 15. NOTICE ... ..... ..... .............. ............ 11 16. APPLICABLE LAW............................... 11 17. AGREEMENT BINDING OR PARTIES AND HEIRS ....... 12 18. ENTIRE AGREEMENT ............................. 12 19. PRIOR AGREEMENTS ............................ 12 20. INCORPORATION OF DOCUMENTS ................... 12 21. MUTUAL COOPERATION ........................... 12 22. DATE OF EXECUTION ............................ 13 23. EFFECTNE DATE ............................... 13 24. AGREEMENT NOT TO BE MERGED ................... 13 25. EFFECT OF RECONCILIATION RECONCILIATION ATTEMPT .................. 13 26. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS................ 14 27. CONTRACT INTERPRETATION....................... 14 28. ENFORCEMENT................... 14 iii TABLE OF CONTENTS (Continued) HEADINGS 29. HEADINGS NOT PART OF AGREEMENT ............... 30. COUNTERPARTS ................................. PAGE 15 15 iv MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made by and between Michelle Lynn Klase of New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), and Stephen Mark Klase of New Cumberland, York County, Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, WIFE currently resides at 708 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania; WHEREAS, HUSBAND currently resides at 209 Evergreen Road, New Cumberland, York County, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been married on March 9, 1993, in Cumberland County, Pennsylvania; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, 1 " HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Elizabeth B. Stone, Esquire, and to HUSBAND by his counsel, Jordan D. Cunningham, Esquire. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. ~31 0 1, et seq., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3 3. EQUITABLE DISTRIBUTION: (a) Marital Property: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (b) Property to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. ( c) Property to Husband: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to her by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. 4 4. LIABILITIES (a) Marital Debts: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability which they claim is a marital debt since the parties separated or on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (b) Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold WIFE liable fur the marital and business debts or obligations assumed by HUSBAND under this Agreement as a result of his default in the payment of the said marital or business debts, HUSBAND shall, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by WIFE in connection therewith. (c) Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such 5 claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by HUSBAND in connection therewith. (d) Warranty as to Future Obligations: HUSBAND and WIFE shall take all steps necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any and all accounts on which joint liability may be incurred. HUSBAND and WIFE each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorney's fees, incurred in the event of breach hereof. 5. CUSTODY OF MINOR CHILD: HUSBAND AND WIFE agree that HUSBAND and WIFE shall have shared legal custody of the parties' minor child. "Legal custody" as used herein shall mean the legal right to make major decisions affecting the best interest of the minor child, including major medical, religious and educational decisions; educational decisions shall be defined as those decisions 6 directly related to or affecting the academic performance of the minor child in the classroom. WIFE shall have primary physical custody of said minor child. "Physical custody" as used herein shall mean actual physical possession and control of a child. HUSBAND shall have partial custody with said minor child Justin R. Klase, as set forth in the Court Order entered in this case. 6. CHILD SUPPORT. INCOME TAX DEPENDENCY EXEMPTION FOR MINOR CHILD AND MEDICAL INSURANCE: (a) HUSBAND shall pay to WIFE for the support of the parties' minor child as provided for by the Order of Support entered by the Court of Common Pleas of York County. (b) WIFE shall be entitled to claim Justin R. Klase as a dependency exemption for Federal, State and Local Income Tax purposes in even numbered years; and HUSBAND shall be entitled to claim Justin R. Klase as a dependency exemption for Federal, State and Local Income Tax purposes in odd numbered years. 7. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for their respective counsel fees, costs and expenses which each of the parties may incur in connection with the negotiation and execution of this Agreement and the dissolution of their marriage. 8. WAIVER OF BENEFICIARY DESIGNATIONS: Unless as otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program 7 " carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be names as a beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 9. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each ofthe parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and 8 each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or right of the other, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purpose. (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. (b) Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above 9 release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 10. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of three (3) years from the date of divorce all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit. 11. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each ofthe parties hereto. 12. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 13. BREACH: If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or 10 relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 14. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 15. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be effective by registered or certified mail, return receipt requested. Notice to HUSBAND, will be sufficient if made or addressed to the following: Stephen Mark Klase 209 Evergreen Road New Cumberland, PA and to WIFE, if made or addressed to the following: Michelle Lynn Klasel 708 Sherwood Road New Cumberland, P A Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 16. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 11 17. AGREEMENT BINDING OR PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 18. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 19. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. 20. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 21. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. 12 If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" ofthis Agreement shall be defined as the date of execution by the party last executing this Agreement. 23. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as of August 15,2005. 24. AGREEMENT NOT TO BE MERGED: The parties agree that 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. Upon entry of the decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such decree. The Agreement shall survive any such decree in divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the divorce caption, including ~3105 of the Divorce Code. 25. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a 13 , . reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 26. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall no be considered to bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party of any act on the part of the other party which has caused the disputes which or which has occurred prior to or which may occur subsequent to the date hereof. The HUSBAND and WIFE intend to secure a mutual consent, no- fault divorce pursuant to the provisions of Section 3301(c) of the Pennsylvania Divorce Code of 1980 and each will execute all documents necessary to secure an Order of Divorce. 27. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. 28. ENFORCEMENT It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall reimburse the nondefaulting party for any legal fees and expenses for any services incurred 14 in any action or proceeding to compel performance hereunder. 29. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 30. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgments. WITNESS: Q~. '"" 0)~~~ \ MM~1\DJOQ~~f\\V~ . Michelle Lynn ase F:\HOME\AHEWlTI\DOCS\J-L\KLASE\SETIAGRE.WPD 15 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF 'pl1tt.PI{/)J On this, the l.zt" day of ~el'l1b{"'/2005, before me, a Notary Public, the undersigned officer, personally appeared Stephen Mark Klase known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Linda B. Deaven, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Feb. 25. 2006 Member, PennsylVania Association ot Notaries ~g~a<~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF C"'J\II b..r/~r'\/ ss On this, the L day of At..ii1'A -;1-- 2005, before me, a Notary Public, the undersigned officer, personally appeared Miche e Lynn Klase known to me (or satlsfactonly proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal . Tyler Beaty, Notary Public Sliver Spri~ ~wp.. Cumber1and County My CommiSSion Expires Jan. 21, 2009 Member, Pennsylvania Association of Notaries ~ /~Hld~ NOTAR UBLIC MICHELLE LYNN KLASE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5068 STEPHEN MARK KLASE, Defendant : CNIL ACTION : DNORCE AND CUSTODY STIPULATION OF PARTIES AND NOW, Plaintiff, Michelle Lynn Klase, and Defendant, Stephen Mark Klase, do hereby stipulate and agree that the following shall be the standard of custody and partial custody which shall prevail and do consent to the entry by the Court of Common Pleas of Cumberland County, Pennsylvania to an Order incorporating the terms of this Stipulation: 1. Plaintiff, Michelle Lynn Klase, and Defendant, Stephen Mark Klase, are the natural parents of the minor child Justin R. Klase. Plaintiff and Defendant shall have joint legal custody of the minor child Justin R. Klase. Furthermore, the Plaintiff, the natural mother of the minor child, shall have primary physical custody of the child and the Defendant, the natural father of the minor child, shall have partial physical custody of the child pursuant to the following schedule: a. Weekends: Every other weekend beginning Friday at 6:00 p.m. prevailing time and terminating Sunday at 6:00 p.m. prevailing time; b. Weekdays: Every Tuesday and Thursday evenings beginning at 4:30 p.m. prevailing time and terminating at 8:00 p.m. prevailing time; c. Summer Vacation: Plaintiff and Defendant shall each have a continuous two (2) week period of time each year during the summer vacation of the minor child. Plaintiff and Defendant shall provide Plaintiff and Defendant with at least sixty (60) days prior written notice of the period he or she will so exercise his or her summer vacation period of custody; d. Holidays: The parties shall alternate custody of the minor on the following holidays to include the entire weekend if the holiday falls on Monday, with Plaintiff having the first of such days: President's Day, Memorial Day, July Fourth, Labor Day, Columbus Day from Friday at 5:00 p.m. prevailing time to Monday at 8:00 p.m. prevailing time. Defendant shall have custody of the minor child on Thanksgiving Day from 10:00 a.m. prevailing time to 4:00 p.m. prevailing time. Defendant shall have custody ofthe minor child from 5:00 p.m. prevailing time on the day school recesses for the Christmas Holiday until 8:00 p.m. prevailing time on Christmas Eve and noon (12:00 p.m.) prevailing time on December 26, to 8:00 p.m. prevailing time on December 31. The parties shall share custody on Easter as they may from time to time agree upon. Defendant shall have the child on Father's Day and Plaintiff shall have the child on Mother's Day. e. Other: Such other times as the parties may hereinafter agree. f. Right of First Refusal: Plaintiff shall provide to Defendant the right to care for the minor child during all periods Plaintiff will not be effecting custody of the minor child. Plaintiff will contact the Defendant as soon as practicably possible to advise Defendant ofPlaintifrs unavailability to 2 exercise any part of portion of her period( s) of custody and offer it to Defendant prior to entrusting the minor child to Plaintiffs parents or to a third party. f. Harassment or Interference: The parties further agree that they will not utilize the right of custody or visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as herein above described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they make immediate application with a court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or said interference. g. Entry of Court Order: Plaintiff and Defendant agree to the entry of a Court Order of Custody in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. h. Other Custody Rights: In additions to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the child: reasonable telephone calling privileges until 8:00 p.m. prevailing time on school nights and 8:30 p.m prevailing time on non-school nights, provided that each party may exercise his or her telephone calling privileges a maximum of two (2) nights per week, providing nothing herein is to be construed to 3 . ' limit the child from calling either parent as they desire; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld. Each of the parties agree to provide the other with their address and telephone numbers, and to advise of any change thereof within ten (10) days. 1. Illness of Child: In the event of any serious illness of the child at any time, the party then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. J. Transportation: Defendant shall be responsible for the pick-up and delivery of the minor child at his place of domicile as long as Plaintiff does not relocate more than twenty-five (25) miles from New Cumberland, Pennsylvania. 2. Plaintiff and Defendant shall acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically and of any changes in his health or any medical crisis. Plaintiff and Defendant also agree to consult with each other and to have an equal input with regard to any major decisions 4 . . which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and Defendant also shall acknowledge that it is in the best interests of the minor child that he/she had the benefit of each parent's parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of the attached Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child, 3, Plaintiff and Defendant agree, in addition to any provisions which may be contained herein, regarding joint legal custody, that Plaintiff and Defenant shall have the following rights with respect to the minor child: a. Access to report cards and other relevant information concerning the progress of the child in school; and b. Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall no be unreasonably withheld. 4. In the event either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcement of the terms hereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs and expenses incurred by the other party in enforcing this Stipulation. 5 . . . '. " " .. . .. .. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Jt A.4~5r Stipulation this ~ day of_, 2005. ST F:\HOME\AHEWlTI\DOCS\J-L\KLASE\STIPULA T. WPD 6 , - \. . . ," ~ 4 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF 'VllliFII/,J.J On this, the \~day of:X Q\~",\~{J 2005, before me, a Notary Public, the undersigned officer, personally appeared STEPHEN MARK KLASE known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Sea! Linda B. Deaven, Nota~ Public City Of Harrisburg, Dauphin County My Commission Expires Feb, 25, 2006 M€Jrnller. Pannsvlvanla ASSOCiatIon 01 Notaries ~ /1 ~U/A~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF ('''', ""1 Wl"~l( On this, the L day of A-"\u5Y 2005, before me, a Notary Public, the undersigned officer, personally appeared MI~YNN KLASE known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~ ~ Tyler Beaty, Notary Public Sliver Spring Twp" Cumbel1and County 1__ ~y_~~ission Expires Jan. 21, 2009 v,,,,,,, p"""""",""" ",o;MIo' 01 Nota"'" NOT AR --1~LIC . t,7 ------- ------- c:: c t......" (--) r? <. ~ -::l -:'~ -r] r~' i r- L"_, :"'1 .--, L,) ~ MICHELLE LYNN KLASE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5068 STEPHEN MARK KLASE, Defendant : CIVll.. ACTION : DIVORCE AND CUSTODY STIPULATION OF PARTIES AND NOW, Plaintiff, Michelle Lynn Klase, and Defendant, Stephen Mark Klase, do hereby stipulate and agree that the following shall be the standard of custody and partial custody which shall prevail and do consent to the entry by the Court of Common Pleas of Cumberland County, Pennsylvania to an Order incorporating the terms of this Stipulation: 1. Plaintiff: Michelle Lynn Klase, and Defendant, Stephen Mark Klase, are the natural parents of the minor child Justin R. Klase. Plaintiff and Defendant shall have joint legal custody of the minor child Justin R. Klase. . Furthermore, the Plaintiff. the natural mother of the minor child, shall have primary physical custody of the child and the Defendant, the natural father of the minor child, shall have partial physical custody of tl1e child pursuant to the following schedule: a. Weekends: Every other weekend beginning Friday at 6:00 p.m. prevailing time and terminating Sunday at 6:00 p.m. prevailing time; b. Weekdavs: Every Tuesday and Thursday t~enings beginning at 4:30 p.m. prevailing time and terminating at 8:00 p.m. prevailing time; c. Summer Vacation: Plaintiff and Defendant shall each have a continuous two (2) week period of time each year during the summer vacation of the minor child. Plaintiff and Defendant shall provide Plaintiff and Defendant with at least sixty (60) days prior written notice of the period he or she will so exercise his or her summer vacation period of custody; d. Holidavs: The parties shall alternate custody of the minor on the following holidays to include the entire weekend if the holiday falls on Monday, with Plaintiff having the first of such days: Pr"sident's Day, Memorial Day, July Fourth, Labor Day, Columbus Day from Friday at 5:00 p.m. prevailing time to Monday at 8:00 p,m. prevailing time. Defendant shall have custody of the minor child on Thanksgiving Day from 10:00 am. prevailing time to 4:00 p.m. prevailing time. Defendant shall have custody of the minor child from 5:00 p.m. prevailing time on the day school recesses for the Christmas Holiday until 8:00 p.m. prevailing time on Chrislmas Eve and noon (12:00 p.m.) pu:vailing time on December 26, to 8:00 p.m. prevailing time on December 31. The parties shall share custody on Easter as they may from time to time llgree upon. Defendant shall have the child on Father's Day and Plaintiff shall have the child on Mother'sDay. e. Other: Such other times as the parties may hereinafter agree. f. Right of First Refusal: Plaintiff shall provide to Defendant the right to care for the minor child during all periods Plaintiff will not be effecting custody of the minor child, Plaintiff will contact the Defendant as soon as practicably possible to advise Defendant of Plaintiff's unavailability to 2 exercise any part of portion of her period(s) of custody and offer it to Defendant prior to entrusting the minor c:hild to Plaintiff s parents or to a third party. f. Harassment or Interference: The parties further agree that they will not utilize the right of custody or visitation in oIder to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as herein above described, the plmes expressly agree that, in addition to all other legal and equitable remedies available to them, they make immediate application with a court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or said interference. g. Entry of Court Order: Plaintiff and Defendant agree to the entry of a Court Order of Custody in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. h, Other Custodv Rights: In additions to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the child: reasonable telephone calling privileges until 8:00 p.m. prevailing time on school nights and 8:30 p.m prevailing time on nOll-school nights, provided that each party may exercise his or her telephone calling privileges a maximum of two (2) nights per week, providing no1hing herein is to be construed to 3 limit the child from calling either parent as they desire; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld. Each oftilJe parties agree to provide the other with their address and telephone numbers, and to advise of any change thereof within ten (l0) days. i. illness of Child: In the event of any serious illness of the child at any time, the party then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit thl' child as often as he or she desires, consistent with the proper medical care of the child. j. TJ:lIDSl)Ortation: Defendant shall be responsible for the pick-up and delivery of the minor child at his place of domicile as long as Plaintiff does not relocate more than twenty-five (25) miles from New Cumberland, Pennsylvania. 2. Plaintiff and Defendant shall acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically and of any changes in his health or any medical crisis. Plaintiff and Defendant also agree to consult with each other and to have an equal input with regard to any major decisions 4 which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and DefendBnt also shall acknowledge that it is in the best inteTClsts of the minor child that he/she had the benefit of each parent's parental guidBnce and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist 1x~een each other. Plaintiff and DefendBnt agree that the execution of the attached Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 3. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein, regarding joint legal custody, that Plaintiff and Defenant shall have the following rights with respect to the minor child: a. Access to report cards and other relevant information concerning the progress of the child in school; and b. Approval of extraordiJlary medical and/or dental treattnent, except in the case of an emergency and provided that such approval shall no be unreasonably withheld 4. In the event either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcement of the terms hereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs and expenses incurred by the other party in enforcing this Stipulation. 5 IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this d}4; 1l4~sr Stipulation this JL... day of... 2005. Jlt-MARKDABE F:\HOMElAHEWII"l"DOII-LIKLASElSTJPULAT.WPD 6 " COMMONWEALTH OF PENNSYLVANIA cOUNTYOF ~\-t\Y) ss On this, the lJhday of ~ElY" 2005, before me, a Notary Public, the undersigned officer, personally appeared STEPHEN MARK KLASE known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. af3,L iJ .4AJ~ NOTARY PUBLIC Notarial Sea! . Linda B. qeaven, Notary Public City Of ~ar~lsburg, Dauphin County My CommisSion Expires Feb. 25, 2006 MfJlnber, PennsylVania Association otNctarfes COMMONWEALTH OF PENNSYLVANIA cOUNTYOF (''''W1W4'''/ ss On this, the i' day of tL 14, <::1- 2005, before me, a Notary Public, the undersigned officer, personally appeared MI'Ciiit'iELYNN KLASE known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA No1arial Seal . Tyler Beaty, Notary Public Siver Spring Twp.. Cumberland CoooIy My CommISSKln ExpiIllS Jan. 21,2009 MembAr. PArI!'Il'IVlVl;!fll:;l Af'lsociation of Notaries ~ NOTd,XUBLlC ;fti:- n \.' ;, ......, ~-~ c-:> (;.J') o C) -4 I 0:- o ""T\ ~ .-i--F'1 f~';.~f-(; I ,,(' ;s:~~2 'I---<T': :'2~ ~;~ ~-~~ "1:) =< -:; f:y c,) 0', y MICHELLE LYNN KLASE, Plaintiff RECEIVED OCT 0610051\ IN THE COURT OF COMMON PLEAS r CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5068 STEPHEN MARK KLASE, Defendant : CIVIL ACTION : DIVORCE AND CUSTODY ORDER tXh... AND NOW, this ~ day of~l'>~u.thx, 2005, the parties having stipulated to the entry of an Order of Custody, it is hereby ORDERED and DECREED that custody and visitation of the minor child, Justin R. Klase, shall be as follows: 1. Plaintiff, Michelle Lynn Klase, and Defendant, Stephen Mark Klase, are the natural parents of the minor child Justin R. Klase. Plaintiff and Defendant shall have joint legal custody of the minor child Justin R. Klase, Furthermore, the Plaintiff, the natural mother of the minor child, shall have primary physical custody of the child and the Defendant, the natural father of the minor child, shall have partial physical custody of the child pursuant to the following schedule: a. Weekends: Every other weekend beginning Friday at 6:00 p.m. prevailing time and terminating Sunday at 6:00 p.m, prevailing time; b. Weekdavs: Every Tuesday and Thursday evenings beginning at 4:30 p.m. prevailing time and terminating at 8:00 p,m. prevailing time; c, Summer Vacation: Plaintiff and Defendant shall each have a continuous two (2) week period of time each year during the summer vacation of the minor child. Plaintiff and Defendant shall provide Plaintiff and Defendant '10: I' I !.!!;I ? 'I j 10 CODl '.. L:1 (., ",.... ...lJ! u -:';')(10 :10 with at least sixty (60) days prior written notice ofthe period he or she will so exercise his or her summer vacation period of custody; d. Holidavs: The parties shall alternate custody of the minor on the following holidays to include the entire weekend if the holiday falls on Monday, with Plaintiff having the first of such days: President's Day, Memorial Day, July Fourth, Labor Day, Columbus Day from Friday at 5:00 p.m. prevailing time to Monday at 8:00 p.m. prevailing time, Defendant shall have custody of the minor child on Thanksgiving Day from 10:00 a.m. prevailing time to 4:00 p.m. prevailing time, Defendant shall have custody from 5:00 p.m. prevailing time on the day school recesses for the Christmas Holiday until 8:00 p.m. prevailing time on Christmas Eve and noon (12:00 p.m.) prevailing time on December 26, to 8:00 p.m. prevailing time on December 31. The parties shall share custody on Easter as they may from time to time agree upon. Defendant shall have the child on Father's Day and Plaintiff shall have the child on Mother's Day. e. Other: Such other times as the parties may hereinafter agree. f. Ri~ht of First Refusal: Plaintiff shall provide to Defendant the right to care for the minor child during all periods Plaintiff will not be effecting custody of the minor child. Plaintiff will contact the Defendant as soon as practicably possible to advise Defendant of Plaintiff s unavailability to 2 exercise any part of portion of her period( s) of custody and offer it to Defendant prior to entrusting the minor child to Plaintiff s parents or to a third party. g. Harassment or Interference: The parties further agree that they will not utilize the right of custody or visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as herein above described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they make immediate application with a court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or said interference. h. Entry of Court Order: Plaintiff and Defendant agree to the entry of a Court Order of Custody in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. 1. Other Custodv Rights: In additions to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the child: reasonable telephone calling privileges until 8:00 p.m. prevailing time on school nights and 8:30 p.m prevailing time on non-school nights, provided that each party may exercise his or her telephone calling privileges a maximum of two (2) nights per week, providing nothing herein is to be construed to 3 limit the child from calling either parent as they desire; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld. Each of the parties agree to provide the other with their address and telephone numbers, and to advise of any change thereof within ten (10) days. J, Illness of Child: In the event of any serious illness of the child at any time, the party then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. k. TransDortation: Defendant shall be responsible for the pick-up and delivery of the minor child at his place of domicile as long as Plaintiff does not relocate more than twenty-five (25) miles from New Cumberland, Pennsylvania. 2. Plaintiff and Defendant shall acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically and of any changes in his health or any medical crisis. Plaintiff and Defendant also agree to consult with each other and to have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff 4 and Defendant also shall acknowledge that it is in the best interests of the minor child that he/she had the benefit of each parent's parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of the attached Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 3. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein, regarding joint legal custody, that Plaintiff and Defenant shall have the following rights with respect to the minor child: a. Access to report cards and other relevant information concerning the progress of the child in school; and b. Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall no be unreasonably withheld. 4. In the event either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcement of the terms hereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs and expenses incurred by the other party in enforcing this Stipulation. BY THE COURT, F,IHOMEIAHEWITI\DOCS\r-L\KLASE\CUSTORD. WPD ;1tL J. 5 II iI' fl\d~v\KLASE,MICHE~LE-o~de~toiDcorporate MICHELLE LYNN KLASE, Plaintiff v. STEPHEN MARK KLASE, Defendant AND NOW, this 12 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5068 CIVIL ACTION - IN DIVORCE AND CUSTODY o R D E R day of {)ch b-v- , 2005, the Marital Settlement Agreement between the parties dated August 8, 2005, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: /J';i J. <<J ~ b t ~ 4W yCJ-~/-'-?/ (0 ~ f:p:7- ~1';:'-.:I&;;-P9 50i'?!-OI ll' }\:! \C S :[i! 1."1 71 "'0 0"'7. - ,1 ;' l ,J (~ _l..J, :,:UiJ", . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + + + + + + + + + + + + + + + + + + + . + + + + . + + + . + + . + + + + . + + + + + . + . + + + + + . + + + . . + :f:f.'t::+''f. +. .' . . :+::+i+.:f.:f.+.:ti .. +.:+::+:f. +. ;+; +.:f.'f. +.;+;:+;;F. . .. :f.+. :f.+.:+::f. :f. :+:+.+.+.++. :f.:f.:f.T.:f.:f.:f.+'+:f.:f.:f.~ + + + + + IN THE COURT OF COMMON PLEAS . + + + + OFCUMBERLANDCOUNTY STATE OF MICHELLE LYNN KLASE, Plaintiff VERSUS STEPHEN MARK KLASE, Defendant PENNA. NO. 04-5068 DECREE IN DIVORCE AND NOW, ah'-" Iz...~ z..cof, IT IS ORDERED AND DECREED THAT MICHELLE LYNN KLASE , PLAINTIFF, AND STEPHEN MARK KLASE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT #i1UI>: By THE COUR:J .+ :+>t':f.+. . +. :+. :+: :f.'l''f:f.:f.:+. :f.+::+:'I''f'f:+:'+' :f.'f :+::f:f.:f.:+:;f.'f + . . . + + + . . . + + + . + + + + ++.+.:f.:f.:f.:f.++.++.:+:+.++.:+:+.:+::+: ? d . ~ r~ ~ PROTHONOTARY + + + + + + + + + + + + + + + + + + + + . + + + + + + + + . . + . + + + . + + + + + + . . . + + . + + . + + + + + + + + + + . + . + . . . + + . . . . + J. ~ ~/ J? /ifY.~ ~d( 5tP. D. r?/ ~~?$ /pmf/~? ~ .50, f) .<7/ ~ .. ~,"Io.'.' ".., ,. , :. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (\\iC~\\t LHcl\~ . \ Plaintiff Vs File No. 64 ~ tso~ 2? IN DIVORCE \OS~ Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, . or . --X- after the entry ofaFinal Decree in Divorce datedOCll2. 200r;( hereby elects to resume the prior sumame of -I2...fjj 1-S , and gives this written notice avowing his I her intention pursuaJ:jt to the provisions of 54 P .S. 704. Date:~ Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cl!",,'n~I.'hl\d ) On the ~ day of , 200.!t.., before me, the Prothonotary or the notary public, personally appe d the above affiant lmown to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. p ~ \L ~ ~ ~ \} ~ - () ~I:P ::J: ~ 4 .fT" ~ m:Il Z,:l,~ ~~ ~ -0 zc,:, I ~>- s:" ~ ~ ~t:. ~'- ~ --33 t.._, ::J: ~~ a- <;;j::J p;.2 J:' ~ .' ~ eI\ c:> c:> ;;;.c ( _ ~1'Ol\ IU@\~ ~10llu\'- l~Z~~ MICHELLE LYNN KLASE, : IN THE COURT OF COMMON PLEAS; a/k/a MICHELLE LYNN DAVIS, CUMBERLAND COUNTY, PENNSYL**NP,' -? Plaintiff : NO. 04-5068'' V . STEPHEN MARK KLASE, : CIVIL ACTION ' -- r-; „ Defendant : DIVORCE AND CUSTODY ==t STIPULATION OF PARTIES AND NOW, Plaintiff, Michelle Lynn Klase, and Defendant, Stephen Mark Klase, do hereby stipulate and agree that the following shall be the standard of custody and partial custody which shall prevail and do consent to the entry by the Court of Common Pleas of Cumberland County, Pennsylvania to an Order incorporating the terms of this Stipulation: 1. Physical and Legal Custody: Plaintiff., Michelle Lynn Klase, and Defendant, Stephen Mark Klase, are the natural parents of the minor child Justin R. Klase. Plaintiff and Defendant shall have joint legal custody of the minor child Justin R. Klase. Furthermore, the Defendant, the natural father of the minor child, shall have primary physical custody of the child and the Plaintiff, the natural mother of the minor child, shall have partial physical custody of the child pursuant from time to time as mutually agreed to between the parties. Interference and Harassment: The parties further agree that they will not utilize the right of custody or visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as herein above described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they make immediate application with a court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or said interference. 3. Federal State, and Local Dependency Status: Plaintiff and Defendant shall be entitled to claim the minor child as a dependency exemption for Federal, State and Local Income Tax as provided for in Paragraph 6(b) of the Marital Settlement Agreement previously executed by the parties. Defendant and Plaintiff hereby agree to execute any forms or acknowledgment required by the tax authority to provide Plaintiff and Defendant with said dependency exemption in alternating years for the minor child. 4. Entry of Court Order: Plaintiff and Defendant agree to the entry of a Court Order of Custody in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. 5. Other Custody Rights: In additions to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the child: reasonable telephone calling privileges until 8:00 p.m. prevailing time on school nights and 8:30 p.m prevailing time on non-school nights, provided that each party may exercise his or her telephone calling privileges a maximum of two (2) nights per week, providing nothing herein is to be construed to limit the child from calling either parent as they desire; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld. Each of the parties agree to provide the other with their address and telephone numbers, and to advise of any change thereof within ten (10) days. 6. Illness of Child: In the event of any serious illness of the child at any time, the party then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 7. Transportation: Plaintiff shall be responsible for the pick-up and delivery of the minor child at her place of domicile as long as Defendant does not relocate more than twenty- five (25) miles from New Cumberland, Pennsylvania. 8. Cooperation of Parties as Concerns the Best Interests of the Child: Plaintiff and Defendant shall acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically and of any changes in his health or any medical crisis. Plaintiff and Defendant also agree to consult with each other and to have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and Defendant also shall acknowledge that it is in the best interests of the minor child that he/she had the benefit of each parent's parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of the attached Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 9. Expanded Leal Right of Custody. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein, regarding joint legal custody, that Plaintiff and Defendant shall have the following rights with respect to the minor child: a. Access to report cards and other relevant information concerning the progress of the child in school; and b. Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall no be unreasonably withheld. 10. Breach of Agfeement• Payment of Reasonable Attorneys' Fees. In the event either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcement of the terms hereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs and expenses incurred by the other party in enforcing this Stipulation. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this 2day of Irv , 2010 Betty K. Hooven, Notary Public Lemoyne Borough, Cumberland County commission expires M 27, 2013 MICHELLE LYNN L E &,&M 101?rY--' MIC ELLE LYNN 15IS STEPHEN MARK KLASE FAH Stipulation 100510.wpd NOTARIAL SEAL Carl E. Snyder, Sr., Notary Public Fairview Township, York County M commission ex ices December 02, 2013 4 t A r MICHELLE LYNN KLASE, a/k/a MICHELLE LYNN DAVIS, Plaintiff V. STEPHEN MARK KLASE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5068 CIVIL ACTION r? DIVORCE AND CUSTODY rw, ORDER c - AND NOW, this Z.0 day of rrc..ro z ,OtT, the parties having stipulated to the entry of an Order of Custody, it is hereby ORDERED and DECREED that custody and visitation of the minor child, Justin R. Klase, shall be as follows: Physical and Legal Custody: Plaintiff, Michelle Lynn Klase, and Defendant, Stephen Mark Klase, are the natural parents of the minor child Justin R. Klase. Plaintiff and Defendant shall have joint legal custody of the minor child Justin R. Klase. Furthermore, the Defendant, the natural father of the minor child, shall have primary physical custody of the child and the Plaintiff, the natural mother of the minor child, shall have partial physical custody of the child pursuant from time to time as mutually agreed to between the parties. 2. Interference and Harassment: The parties further agree that they will not utilize the right of custody or visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as herein above described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they make immediate application with a court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or said interference. 3. Federal, State, and Local Dependency Status: Plaintiff and Defendant shall be entitled to claim the minor child as a dependency exemption for Federal, State and Local Income Tax as provided for in Paragraph 6(b) of the Marital Settlement Agreement previously executed by the parties. Defendant and Plaintiff hereby agree to execute any forms or acknowledgment required by the tax authority to provide Plaintiff and Defendant with said dependency exemption in alternating years for the minor child. 4. Entry of Court Order: Plaintiff and Defendant agree to the entry of a Court Order of Custody in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. 5. Other Custody Rights: In additions to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the child: reasonable telephone calling privileges until 8:00 p.m. prevailing time on school nights and 8:30 p.m prevailing time on non-school nights, provided that each party may exercise his or her telephone calling privileges a maximum of two (2) nights per week, providing nothing herein is to be construed to limit the child from calling either parent as they desire; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld. Each of the parties agree to provide the other with their address and telephone numbers, and to advise of any change thereof within ten (10) days. 2 6. Illness of Child: In the event of any serious illness of the child at any time, the parry then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 7. Transportation: Plaintiff shall be responsible for the pick-up and delivery of the minor child at her place of domicile as long as Defendant does not relocate more than twenty- five (25) miles from New Cumberland, Pennsylvania. 8. Cooperation of Parties as Concerns the Best Interests of the Child: Plaintiff and Defendant shall acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically and of any changes in his health or any medical crisis. Plaintiff and Defendant also agree to consult with each other and to have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and Defendant also shall acknowledge that it is in the best interests of the minor child that he/she had the benefit of each parent's parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of the attached Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 9. Expanded Legal Right of Custody. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein, regarding joint legal custody, that Plaintiff and Defendant shall have the following rights with respect to the minor child: a. Access to report cards and other relevant information concerning the progress of the child in school; and b. Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall no be unreasonably withheld. 10. Breach of Agreement; Payment of Reasonable Attorneys' Fees. In the event either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcement of the terms hereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs and expenses incurred by the other party in enforcing this Stipulation. BY THE COURT, , 1?L /a /dom. F:tHomeWHEWI'I-RDOCSV.LIKLASL\Custody Stipulated Order 10051 Jt,rdarl D . Omni n? ham a? fed '?M; ehell? ??s oppie-s ? Mr. 33e*n M. V,656 Da J. 4