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HomeMy WebLinkAbout87-0064 !~1 11=1 i.... ~ OF CUMBERLAND COUNTY STATE OF PENNA. CIVIL ACTION - LAW TAMMY L. GAGE, ........................................... P-l.a£n.~.if~. ................ ~()...e..~ ................... .c...z..~.z..~.., i9 Versus DARRELL DEWAYNE GAGE, .......................................... Defendan.t ................ IN DIVORCE DECREE IN AND NOW ..... { .......... , 19.8.7. .... it i ordered and decreed that .............. TAMMY L. GAGE .................................. , plaintiff, and ............ OARKELL. D~WAYNE. GkGE .................... ., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; N.O.N~ ~i::;;: .... DARRELL DWAYNE GAGE : IN THE COURT OF COMMON PLEAS OF Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW TAMMY L. GAGE., : Respondent : CIVIL CONTEMPT AND NOW, this~~day of ~ , 1987, after due consideration of the attached Petit'on for Cont~ ~ ~ ~ere~, Or~ere~ ~a~a ~ea~n~ ~e ~e~ on- ~ ,_~~_~, ~ ~-- ~. a~:O0 ~~ Co~,r~oo,~3___ o~ ~e C,~er~a~ Co~n~," / Courthouse, Carlisle, Pennsylvania, and FURTHER, temporary primary custody of Cortney Ann Gage and Lindsey Rae Gage is placed in the Petitioner pending a final Order in this matter, agg~ ................... ~ ," ~...u2_..-~'. '.' .., .,., .... ._,.,.....,~.~_.~....._ ...... ~-: ,..1 .... £ BY THE COURT, DARRELL DWAYNE GAGE : IN THE COURT OF COMMON PLEAS OF Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TAMMY L. GAGE, : Respondent : CIVIL CONTEMPT PETITION FOR CONTEMPT ADJUDICATION NOW comes Darrell D. Gage, Petitioner, and respectfully avers the following: 1. Pending resolution of custody matters, the parties agreed to allow Petitioner shared custody in the form of visitation with his children, Cortney Ann Gage and Lindsay Rae Gage, pending a scheduled custody hearing, to be agreed upon by the parties. 2. On June 5, 1987, a hearing was held, at which time the parties indicated in open court that they had reached an agreement as to terms of visitation and a review of the notes of testimony will provide the following: a. Respondent Tammy L. Gage agreed to deliver the children into the custody of their father on June 28, 1987, and they would be returned July 5, 1987. b. No restriction was required whereby visitation would not be in the residence of the children's natural father. 3. Relying on the open court promises made by the Respondent, Your Petitioner drove several hundred miles from his home to collect his children on June 28, 1987 for the one week visitation period. 4. On June 28, 1987, the father found the Respondent had secreted herself and her children, and for one day, their whereabouts could not be established. 5. On June 29, 1987, Your Honorable Court Ordered, inter alia, that visitation take place. 6. On June 29, 1987, said Order was served on the Respondent by personal service at her place of employment. 7. When Chief Rudolph of the North Middleton Township Police investigated the possibility of a violation of 18 Pa.C.S. S2904 (Interference With Custody of Children), the Respondent admitted she was in Contempt of this Honorable Court, adding that she did not care and would not abide by any agreement or Court Order. 8. The acts and omissions of the Respondent are contemptuous of this Honorable Court's Order. 9. The acts and omissions of the Respondent endanger the welfare of the children, for she is placing them in fear of their natural father, and denying the children of the recognized need for paternal influences in their lives. 10. The acts of the Respondent are not in the best interest of the children, and illustrate the need for the Court to modify the custody Order in such manner to place primary custody in the natural father; he will not preclude the Respondent from welcome visitation with his children. 11. A jail sentence is appropriate in this instance. WHEREFORE: Your Petitioner, natural father of his children, prays that Your Honorable Court order a hearing be held on the above matters, and FURTHER, that custody be granted to the natural father pending this matter to promote the best interests of the children and to carry out the agreed and ordered visitation schedule. Respectfully submitted, Law Office of Andrea C. Jacobsen P.O. Box 760l / Carlisle, PA%-/17013 (717) 249-6427 I hereby verify that the statements made in the foregoing 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. TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DARRELL DEWAYNE GAGE, : NO. 64 CIVIL 1987 Defendant. : IN DIVORCE ~USTODY~ AND NOW, this day of __, 1987, the plan or schedule of custody contained in the Stipulation of the parties dated June 8, 1987, attached hereto and incorporated herein by reference, is hereby approved and adopted as an Order of this Court. By the Court, TAMMY L. GAGE, : IN THE-ddoR~ O~"COMMON' ~LEAS OF' Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : DARRELL DEWAYNE GAGE, : 64 CIVIL 1987 Defendant : IN DIVORCE STIPULATION NOW, this~day of June, 1987, Harold S. Irwin, III, Esquire, attorney for the plaintiff, and Andrea C. Jacobsen, Esquire, attorney for defendant, enter into this stipulation. As attorneys of record for the parties this stipulation is made with the express authorization of their respective clients and on direction by Honorable George E. Hoffer in open court on June 5, 1987. The purpose of this stipulation is to acknowledge various agreements between the parties and to request the Court to confirm said agreements by incorporating them into the divorce decree which is about to be entered terminating the marriage of the parties. NOW THIS STIPULATION WITNESSETH THAT: WHEREAS Plaintiff is Tammy L. Gage (hereinafter referred to as WIFE), an adult individual residing at 756 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. WHEREAS Defendant is Darrell Dewayne Gage (hereinafter referred to as HUSBAND), an adult individual residing at Van Wert, Ohio . WHEREAS Plaintiff filed the complaint in this matter on January 12, 1987, and service of the defendant was made by personal service upon him on the same date. WHEREAS The parties' have two children, Cortney Ann Gage (Age 6 - Date of Birth: May 27, 1980) and Lindsey Rae Gage (Age 5 - Date of Birth: November 20, 1981). WHEREAS On January 27, 1987, upon agreement of the parties following a support conference with the Domestic Relations Office of Cumberland County, an order of support was entered in this matter. A copy of said order is attached hereto as Exhibit "A" and incorporated herein by reference as if fully set forth at length. WHEREAS On February 4 and 12, 1987, the defendant and plaintiff, respectively, entered into an agreement regarding the payment of the parties' individual and joint debts and other financial obligations. A copy of the agreement is attached hereto as Exhibit "B" and incorporated herein by reference as if fully set forth. WHEREAS On March 19, 1987, the parties entered into a marital settlement agreement regarding, inter ali~, equitable distribution of their property, spousal support and alimony, child support, custody and visitation, the payment of debts and counsel fees. A copy of the agreement (as revised in open court on June 5, 1987) is attached hereto as Exhibit "C" and incorporated herein by reference as if fully set forth. WHEREAS On June 5, 1987, during a hearing requested by plaintiff to confirm the custody provisions contained in the March 19, 1987 agreement, the parties entered into certain revisions of various sections of that agreement by writing them into the agreement, initialing them and then reading them into the record of the proceeding. WHEREAS At the hearing Attorney Jacobsen also read into the record the terms of a new custody and partial custody agreement after which both parties personally confirmed to the Court that they heard the provisions of the agreement, understood them and that they were in agreement with those terms as read into the record of the proceeding. WHEREAS The new custody and partial custody agreement (paragraph numbered thereon from I to 5, from the bottom of page one through page three only), a copy of which is attached hereto as Exhibit "D" and incorporated herein by reference, are as follows: 1. The parties shall share legal custody of their minor children, Cortney Ann Gage and Lindsey Raye Gage; 2. WIFE shall have primary physical custody of the said children; 3. HUSBAND shall have temporary partial custody for the purposes of visitation upon the following schedule: A.) For a period of four days each year during the children's Christmas school vacation, the parties to schedule such visitation so that Christmas day is spent with HUSBAND in alternate years. Christmas day 1987 is to be spent with WIFE; B.) For a period of four days each year during the children's Easter or Spring school break. If possible, the parties will schedule such visitation so that Easter day is spent with HUSBAND in alternate years. Easter 1988 is to be spent with HUSBAND; C.) For a period of up to two weeks at the beginning of the children's summer school vacation. HUSBAND is to give WIFE at least two weeks notice of the exact time and scheduling prior to such visitation. The first such visit is to be June 28 to July 5, 1987; D.) For a period of up to two weeks at the end of the children's summer school vacation. HUSBAND is to give WIFE at least two weeks notice of the exact time and scheduling prior to such visitation; E.) For up to one additional weekend per month from 6:00 p.m. on Friday until 7:00 p.m. Sunday, during which HUSBAND will not take the children out of Pennsylvania; and F.) At such other times as the parties may mutually agree. G.) The children are to be permitted to talk to HUSBAND on the telephone when he calls. 4. The parties agree that the cost and burden of transportation to and from such visitation with HUSBAND shall be the responsibility of HUSBAND. WHEREAS at the hearing Mr. Gage also stated that he had no objection to continuing to notify the Domestic Relations Office where he now resides and in Cumberland County of his address and any change thereof. Mrs. Gage, by her counsel, requested that any hearing requested by Mr. Gage to consider a modification of existing spousal support, alimony or child support be held by the Cumberland County Domestic Relations Office. WHEREAS Thomas Cheffins of the Cumberland County Domestic Relations Office, presented a petition to the Court requesting that Mr. Gage be ordered to provide security to guarantee his presence at any future support proceedings. For reasons which appear in the record of the hearing, the Court permitted Mr. Gage to be relieved of paying any monetary security, but bound him on his own recognizance. WNEREAS At the conclusion of the hearing, the parties initialed all changes to the March 19, 1987 agreement, Mr. Gage executed a deed conveying the marital home to Mrs. Gage (said deed to be held in irrevocable escrow by his attorney in accordance with the terms o~ the agreement), the parties executed the appropriate consents to the entry of a divorce (it appearing that the ninety day waiting period expired on or about April 12, 1987) and the parties executed the new agreement regarding custody and partial custody to acknowledge the agreement to the paragraphs numbered thereon from I to 5, from the bottom of page one through page three. IT IS THEREFOR STIPULATED AND AGREED AS FOLLOWS: 1. That the provisions of the agreements dated February 4, 1987 and January 19, 1987 (as amended) and June 5, 1987 (as amended and including only paragraphs numbered thereon from 1 to 5, from the bottom of page one through page three) [Exhibits "B", "C" and "D" attached hereto], are hereby ratified by the parties by their attorneys on the express authorization by the parties and as directed by the Court at the conclusion of the June 5, 1987 hearing. 2. That the parties request the Court to confirm the terms of all of these agreements, as stated herein and in the record of the proceedings of June 5, 1987, and to include said provisions and agreements in the final decree of divorce to be entered in this matter. IRW N, IRWIN & McKNIGHT BY: 'HAROED"S':' IR'~J~N, I~YI ' "d~e~e Attorney for pl'a-h~tiff y'for ndant West Pomfret Professional Bldg. P.O. Box 760 60 West Pomfret Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-2353 (717) 249-6272 Supreme Court ID No. 29920 Supreme Court ID No. 'DR 14,039 TAMMY £. GAGE ,PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS : DOMESTIC RELATIONS SECTION : CIVIL ACTION - SUPPORT DARRELL D. GAGE ,DEFENDANT : NO.' 59 OF 1987 AGREEMENT FOR ORDER OF SUPPORT The above named Plaintiff and Defendant hereby agree that the Defendant shall pay the sum of $ 650.00 per mon~ for and toward the suppor~ of:his wi~e and tw~ children D.O.~. 5/27/80 and Lindsey~ D.O.B. 11/20/81. Defendant is to mad~taln contentious insurance ¢overaqe on beneficiaries o~ t~is order as provided by h~'s ~mp£oy~. ~ for further details o~ agreement. This attachment is no~ ~f~rc.~ ~,,~,,~ ~ ~d~ is payableS300 cv~y ~o weeks pl~ ~I00. ~v~ ~, ,,~ ,, ,~~ ~o ~Ch s~ sh~ be p~d ~ugh the Dom~c R~o~ or,ce, P.O. Box 320, C~le, P~n- sylvia 17013, begi~ng 2~I/87 . The D~fe~ agre~ to p~ th~ ~s~ in the ~ou~ of $ 35.00 w~ch s~ in~ the p~-r~ed S~vi~e Fee of $ 25.00 payable 90 d~s . The p~ f~h~ agree to info~ the Dom~ R~o~ Of~e of any ~hange of ~s, change o~ ~s of ~y ~d rec~ving suppo~, and/or ~p~e~ in w~ng ~n seven days of such change. When ac~~ed ~e~ eq~ or exce~ one moth's suppo~ ob~g~on the Defend~'s income w~ ~om~c~y be ~ached. D~ed: T(~ 27~h day of Janu~y ,19 87. Wd~ne~s to Signature Plaintiff Defendant ORDER OF COURT AND NOW, this 27th day of January i9,87 , upon con~id~ration of the above Agreement, ~IT IS H~~ED AND DIRECTED tha~ the ~e~ant pay_ t(~ou~h the Dom~tic Re- ~o~ Office, PO Box 320, Ca~le, Pe,~ylvania 17013, the sum o~ $ 650.00 ' per month ~or and toward the support of: his wife and two children Courtney, D.O.B. 5/27/80 and Lindsey, D.O.B. 11/20/81. Defendant is to maintain continuous medical insurance coverage on beneficiaries o~ this order as ~rovided by his emp£o~er. See attachment of a.qreement. This attachment is not enforceab£e through the DRO. Ord~ every ~wo weeks p~us $100. everu two weeks on arrears d~ lo r~.t~'~'~y_ a£tocated $156.00 ~er month for-spousal suppor~ a~d 8494.00 ?~ m,~,~b f,~ The ~ pa~e~ s~ be due on~/i/~7 ~d subseque~ pa~e~ ~ ~ ~e due every m,~h th~eaft~. Th~ D~fe~ sh~ pay th~ cos~ of $ ~ Dg , w~ch s~ in- ~ the pro-~ed S~vi~e Fee of $ ~.0g , payable ~ ~,~-~ -. IT IS F~THER OR- DERED th~ the p~ info~ the Dom~c R~o~ Of~ of~an~ang~ of ~s, chc~g~ of ~s of ~y c~ re~ving suppo~, and/or ~plo~e~ in w~ng c~n seven days of su~ change. When ac~~d ~e~ e~ or exceed one moth's s~po~ ob~g~on the De~enda~'s income w~ ~om~c~y be BY THE C0~T, DRO; TEC Kevin A. Hess J AGREEMENT Darrell D. Gage agrees to make the following payments: 1. Security Pacific Loan Payments 2. AVCO Loan Payments 3. Norwest Loan Payments 4. Montgomery Ward Charge Payments ii ~ ...... ' Tammy L. Gage agrees to make the following payments: 1. Mortgage Loan Payments 2. Penny's Charge Account Payments Mr. Gage will destroy his Penny's Charge Card and make no charges on that account. Mrs. Gage will destroy her Montgomery Ward Charge Card and make no charges on that account. DARRELL D. GAGE TAMMY L. GA~E AGREEMENT THIS AGREEMENT is made this /~ day of /t~t C/~ , 1987, by and between DARRELL D. GAGE (hereinafter referred to as Husband) and TAMMY L. GAGE (hereinafter referred to as Wife). WHEREAS, the parties hereto were married on the 18th day of August, 1979, in Carlisle, Cumberland County, Pennsylvania, and since that time have been, and are, Husband and Wife; and WHEREAS, there were two children born of this marriage: Cortney Gage, born May 27, 1980; and Lindsey Gage, born November 20, 1981; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they have agreed to live separate and apart from each other; and WHEREAS, the parties wish to set forth certain covenants and understandings regarding their separation, and their respective property rights. NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that this Agreement is entered into voluntarily and after due deliberation by each of them. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, indirect or direct, from each other. Neither party shall harass the other nor compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: A divorce action has been filed in the Court of Common Pleas of Cumberland County, 64 Civil 1987, pursuant to Section 201(c) of the Divorce code. The parties intend to proceed in this action by mutual consent and to execute when timely the necessary consent affidavits. The remaining items in this Agreement are conditioned upon the parties carrying out their intention in this regard. 4. REAL PROPERTY The parties acknowledge that they are the joint owners of certain real property situate at 756 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. Upon the removal of his name from the mortgage, the Husband will transfer to the Wife all his right, title and interest in the real property for no consideration or purchase price but only for the costs of settlement. Th~'~Husband has executed a deed which will be held in'escrow by th Offices of Andrea C. Jacobsen until his name is removed from the mortgage. The Wife will assume full liability for and will indemnify and hold Husband harmless against all expenses of maintaining the home including, but not limited to, taxes, insurance costs and mortgage payments. 5. PERSONAL PROPERTY: The parties acknowledge that a motorcycle, currently in the Wife's possession, is the personal property of the Husband. The Wife agrees to keep the motorcycle ~ "4 ~-~-. '~r'~ ''~ -- on the Middleton Road property~nt~l the Husband takes possession North or until ~3 ~y~ ~-~J~ tn~~ ©~ ~:~ir ..~ .......... , whichever of it The parties acknowledge that there nas ~een ais~rz~u~lo between them of all other items of personal, tangible and intangible property and they agree that the division thereof is to their mutual satisfaction. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other party, all items of personal, tangible and intangible property now or hereafter owned or held by her or him with full power to dispose of the same effectively and for the purposes as if she or he were unmarried. 6. SUPPORT AND MAINTENANCE: a) Husband agrees to ~y, and Wife agrees to accept as spouse support or alimony, the sum of THIRTY-SIX ($36) DOLLARS ,- , , ~1~ rna earliest following occurrences, whichever shall first occur: (1) death of Wife; (2) remarriage of Wife; or (3) permanent cohabitation of Wife with a member of the opposite sex. b) Husband agrees to pay, and Wife agrees to accept, as child support for both their minor children, Cortney Gage and Lindsey Gage, the sum of ONE HUNDRED and FOURTEEN ($114) DOLLARS per wee~, or such other amount as may Be ordered by competent jurisdiction, which amount shall be paid through the Domestic Relations Office of Cumberland County or similar office of any other court of competent jurisdiction. (c) The parties agree that the Husband will be entitled to claim, for purposes of federal income tax, the dependency exemptions for one of their minor children as long as he shall continue to contribute to her support as provided for herein, and Wife agrees to sign any declarations required by the Internal Revenue Service to implement this agreement. 7. CUSTODY AND VISITATION: The Parties shall have shared legal custody and the Wife will have primary physical custody of the two children. _~ ~'~ Husband will have partial physical_.c~ustody-6~-~e children from ~v~aturday u,Lil 3: 00 P~m.---Sun~ay~.-e~er_y__o_t_h_~r we~_kend, beginning ~weekend when the Husband/ is not required to work on Saturday. ~arrangement an~ti, c~pates a work schedule which will provide the Hued the time~ to spend alternating weekends with his children. If ~Husband's work schedule changes to require him t° w°rk °n a We _~_d scheduled fOr visitatiOn with his children, he wil~l take visi~tion on the next weekend when he is not required~$o/~0rk. Thereafte~ the alternating schedule will resume.~/~ Husband agrees to not~y the Wife of a change ~\~ in his~~ule by the Thursday preceding t~~change. The ~.u~.will pick th~ children up at 9:Q0 a.m. ~~ start of .~~i~~n--per £ o~--~rrd-l~et~T~~~--n~xt' -daY" a 3 :'0 O- -~ Additional visitation will be allowed at any other time to which the parties can agree. ~i%~.he-~/usba~/--will_haM~emporary- cus%edy -o'f the chi-ldren -on Labor_Da~om~ 9:00 a.m. to 6:00 p.m. He will have temporary custody on Mem~~Day one year and the 4~h of July the next year, alternating freSh,ar to year thereafter, from 9:00 a.m. until 9:00 p.m. On Christm~B<~ay each year the Husband will have temporary custody .from"3:00 p.m. custody over~a'holiday will be in addition~ko, the regularly scheduled weekend custody. The Hu~ temporary custody of t~he c~~'en for seven days during his summe~~_at~i~o~n,~ment. The seven~ days may include a weekend,~nd need no~b~aken consecutively. rees to inform the ~ within a reasonable ~ period of time when when either child requires the extraordinary care of a physician. 8. DEBTS OF THE PARTIES: a) The parties further affirm and incorporate by reference hereto the Agreement signed by them and filed with the Office of Domestic Relations allocating responsibility for the joint debts. The parties agree that the Agreement regarding the payment of debts shall surviVe the divorce decree and the termination of spousal support. The parties certify and acknowledge that they have at this time no further joint debts or liabilities. b) The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to idemnify and hold harmless the other party against any claims that may be asserted by anyone against the other party by reason thereof. 9. NON-MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 10. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 11. COUNSEL FEES: The Husband agrees to pay his own counsel fees. He further agrees to be responsible for the counsel fees and expenses incurred by the Wife in connection with the preparation of this Agreement and the divorce between the parties up to a maximum of $500. 12. MUTUAL RELEASE: Except as provided for in this Agreement, the parties hereby remise, release quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act or spousal support, or otherwise, that they may make or hereafter make in and to or against each other's estates or any parts thereof, whether by way of dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 13. NON-WAIVER: The failure of either party to insist in any one or more instances upon the strict performance of any of the terms in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 14. RECONCILIATION: The parties agree that in the event of a reconciliation between them, they shall terminate this Agreement by mutual written consent. 15. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 17. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and assigns. This Agreement shall be executed as original in triplicate. 18. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The court, on entry of judgment for divorce, shall retain the right to enforce the provisions and the terms of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written COMMONWEALTH OF PENNSYLVANIA = COUNTY OF ~/~~ = On this, the ]4' day of ~JW.~ , 1987, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared TAMMY L. GAGE, 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 contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . My Co'm~.i~sion Expires: a ~ ? ~ZPiRESOCI. 3, COMMONWEALTH OF PENNSYLVANIA = : SS.. COUNTY OF = On this, the ]~ day of ~]~!~ , 1987, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared DARRELL D. GAGE, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY P~BLIC My Commission Expires.- %,-...:~.-,..,,,.; r.f..,:~L:-~' · ~'~0 TA~U~Y L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 64 CIVIL - 1987 : DARRELL DEWAYNE GAGE, : CIVIL ACTION - LAW Defendant. : IN DIVORCE STIPULATION WHEREAS the parties are the natural parents of two children, Cortney Ann Gage (age 7, date of birth 5/27/80) and Lindsey Raye Gage (age 5, date of birth 11/20/81); and WHEREAS Plaintiff initiated a proceeding for determination of custody of said children by Petition for Confirmation of Custody in accordance with marital Settlement Agreement filed to the above NO. on April 3, 1987; and WHEREAS a hearing scheduled for June 5, 1987 at 9:30 a.m. was set in this matter; and WHEREAS Defendant, Darrell Dwayne Gage, has recently changed his residence from Carlisle, PA to Van Wert, Ohio; and WHEREAS Defendant is presently unable to attend the hearing set in this matter due to ill health; and WHEREAS the parties have reached an agreement pending further hearing in this matter which they jointly submit to the Court for approval and implementation. NOW THEREFORE the parties stipulate and agree as follows: ~' 1. The parties shall share legal custody of the minor children, Cortney Ann Gage and Lindsey Raye Gage. / 2. The mother, Plaintiff Tammy L. Gage, shall have primary physical custody of the said children. ~ 3. The father, Defendant Darrell Dwayne Gage, shall have temporary physical custody for the purposes of visitation upon the following schedule: t(1) For a period of four days each year during the children's Christmas school vacation. The parties to schedule such visitation so that Christmas day is spent with Defendant in alternate years. Christmas day 1987 to be spent with Plaintiff. ~(2) For a period of four days each year during the children's Easter or spring school break. If possible, parties will schedule such visitation so that Easter day is spent with Defendant in alternate years. Easter 1988 to be spent with Defendant. ~ (3) For a period of up to two weeks at the beginning of the children's summer school vacation. Defendant to give Plaintiff notice of at least two weeks of the exact time and scheduling prior to such visitation. 0~ %6 %= ~ i ~ '-'(4) For a period of up to two weeks at the end of the children's school summer vacation. Defendant to give Plaintiff notice of at least two weeks of the exact time and scheduling prior to such visitation. ~~~~ ~.f' (5) For up to one additional weekend per month from 6:00 · p.m. on Friday until 7:00 p.m. Sunday, ~ P~3~L~vo~v%~ ~ ~' (6) At such other times as the Darties may mutually agree. 4. The parties agree that the cost and burden of ~~ ~ transportation to and from such visitation with the father shall be the responsibility of the father. 5. This Stipulation shall be presented to the Court as the joint plan of the parties with the request that the Stipulation and plan be approved and made an order of this Court. IN WITNESS WHEREOF the Parties hereto have executed this Stipulation by counsel on the date set forth below, intending thereby to be legally bound. Date: ~/~-* ~ /~7 T~~~. G~E~ financial obligations. A copy of the agreement is attached hereto as Exhibit "B" and incorporated herein by reference as if fully set forth. WHEREAS On March 19, 1987, the parties entered into a marital settlement agreement regarding, inter alia, equitable distribution of their property, spousal support and alimony, child support, custody and visitation, the payment of debts and counsel fees. A copy of the agreement (as revised in open court on June 5, 1987) is attached hereto as Exhibit "C" and incorporated herein by reference as if fully set forth. WHEREAS On June 5, 1987, during a hearing requested by plaintiff to confirm the custody provisions contained in the March 19, 1987 agreement, the parties entered into certain revisions of various section~ of that agreement by writing them into the agreement, initialing them and then reading them into the record of the proceeding. WHEREAS At the hearing Attorney Jacobsen also read into the record the terms of a new custody and partial custody agreement after which both parties personally confirmed to the Court that they heard the provisions of the agreement, understood them and that they were in agreement with those terms as read into the record of the proceeding. WHEREAS The new custody and partial custody agreement (paragraph numbered thereon from I to 5, from the bottom of page one through page three only), a copy of which is attached hereto as Exhibit "D" and incorporated herein by reference, are as follows: 1. The parties shall share legal custody of their minor children, Cortney Ann Gage and Lindsey Raye Gage; 2. WIFE shall have primary physical custody of the said children; 3. HUSBAND shall have temporary partial custody for the purposes of visitation upon the following schedule: A.) For a period of four days each year during the children's Christmas school vacation, the parties to schedule such visitation so that Christmas day is spent with HUSBAND in alternate years. Christmas day 1987 is to be spent with WIFE; WHEREAS At the conclusion of the hearing, the parties initialed all changes to the March 19, 1987 agreement, Mr. Gage executed a deed conveying the marital home to Mrs. Gage (said deed to be held in irrevocable escrow by his attorney in accordance with the ter~s 6f the ~greement), the parties e×ecu~ed the appropriate consents to the entry of a divorce (it appearing that the ninety day waiting period expired on or about April 12, 1987) and the parties executed the new agreement regarding custody and partial custody to acknowledge the agreement to the paragraphs numbered thereon from I to 5, from the bottom of page one through page three. IT IS TNEREFOR STIPULATED AND AGREED AS FOLLOWS: 1. That the provisions of the agreements dated February 4, 1987 and January 19, 1987 (as amended) and June 5, 1987 (as amended and including only paragraphs numbered thereon from I to 5, from the bottom of page one through page three) [Exhibits "B", "C" and "D" attached hereto], are hereby ratified by the parties by their attorneys on the express authorization by the parties and as directed by the Court at the conclusion of the June 5, 1987 hearing. 2. That the parties request the Court to confirm the terms of all of these agreements, as stated herein and in the record of the proceedings of june 5, 1987, and to include said provisions and agreements in the final decree of divorce to be entered in this matter. IRWIN, IRWIN & McKNIGHT ~'~RE'A ~. j'A~iDI~SEN B . ~T~e~-for~iff Attorney for defendant West Pomfret Professional Bldg. P.O. Box 760 60 West Pomfret Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-2353 (717) 249-6272 Supreme Court ID No. 29920 Supreme Court ID No. DR 14,039 · PLAINTIFF : IN THE COURT OF COMMON PLEAS TAMMY L. GAGE ' : CUMBERLAND COUNTY, PENNSYLVANIA .- DOMESTIC RELATIONS SECTION VS : CIVIL ACTION - SUPPORT DARRELL D. GAGE ,DEFENDANT : NO.~ 59 OF 1987 AGREEMENT FOR ORDER OF SUPPORT ~ ~a e on bone ~c~ar~es o · reement This ' · · ~o tY' · · · 2 1/87 The Defendant agrees to pay the ~sts in the s lva~ca 17013, begrnn~ng / . _..' ' Fee of $ 25.00 payable Y - the to-rated S~vrce _ -- amoun~ of $ 35.00 which sum rn~lu~s P 90 days T~e 'pa~eS fu~h~r agree to inform the Dom~s£ic Relations or,ce of any EEange of address, change o~ address of any child receiving support, and/or ~mploy~e~ in writing wiChin seven days of such change. When accumulated a~re~ equal or exceed one moth's suppor£ obligation the Defendan£'s income will a~oma~ica~y be at~ached. D~ted: T~Cs 27th day of January ,19 87. Plaintiff Wi~ne~s to Signat~.e ~e f enfant ORDER OF COURT AND NOW, this 27th day of January i9,87 , upon consideration of the above Agreement, IS h~~ED AND DIRECTED t~ ~he ~e~danC pay. t~ou~h the Domestic Re- ~ 'ITce, PO Box 320, Ca~x~le, pennsylvania 17013, the sum of $ 650.00 ' per. month ~a~o~ 0ffi ..... -~ --~ ~ ..... ~;ldren Co~rtne~ D.O.B. 5/27 80 and o ~s attachment ~s ~o~ en orceable . . .' . ev_~ two weeks lus 100. ever allocated 156.00 er m nth ' which sum in- m,~h ~ thereafter. The Defe~a~ shall pay ~he cos~ of ~ ~._n~ IT ~S FURTHER OR- eludes the pro-ra~ed S6~vrce Fee DERED th~ the p~es info~ the Dom~ R~o~ Of~c~ of an~an~ of ~&~ess, che~g~ of ~s of ~y c~ retrying s~po~, and/or ~plo~e~ in w~n~ ~n s~ven days of su~ change. When acc~~d ~ e~ or exceed on~ moth's s~po~ obregon ~he Defenda~'s income w~ ~om~c~y be ~a~hed. BY THE CO~T, J Kevin A. Hess DRO; TEC AGREEMENT Darrell D. Gage agrees to make the following payments: 1. Security Pacific Loan Payments 2. AVCO Loan Payments 3. Norwest Loan Payments 4. Montgomery Ward Charge payments Tammy L. Gage agrees to make the following payments: 1. Mortgage Loan Payments 2. Penny's Charge Account Payments ~ Mr. Gage will destroy his Penny's Charge Card and make no charges on that account. Mrs. Gage will destroy her Montgomery Ward Charge Card and make no charges on that account· DARRELL D. GAGE AGREEMENT THIS AGREEMENT is made this /~77~ day of _/~/~/~ ' 1987, by and between DARRELL D. GAGE (hereinafter referred to as Husband) and TAMMY L. GAGE (hereinafter referred to as Wife). WHEREAS, the parties hereto were married on the 18th day of August, 1979, in Carlisle, Cumberland County, Pennsylvania, and since that time have been, and are, Husband and Wife; and WHEREAS, there were two children born of this marriage: Cortney Gage, born May 27, 1980; and Lindsey Gage, born November 20, 1981; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they have agreed to live separate and apart from each other; and WHEREAS, the parties wish to set forth certain covenants and understandings regarding their separation, and their respective property rights. NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that this Agreement is entered into voluntarily and after due deliberation by each of them. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, indirect or direct, from each other. Neither party shall harass the other nor compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: A divorce action has been filed in the Court of Common Pleas of Cumberland County, 64 Civil 1987, pursuant to Section 201(c) of the Divorce code. The parties intend to proceed in this action by mutual consent and to execute when timely the necessary consent affidavits. The remaining items in this Agreement are conditioned upon the parties carrying out their intention in this regard. 4. REAL PROPERTY The parties acknowledge that they are the joint owners of certain real property situate at 756 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. Upon the removal of his name from the mortgage, the Husband will transfer to the Wife all his right, title and interest in the real property for no consideration or purchase price but only for the settlement. Tb~Husband has executed a deed which will costs of .. be held in'escr°w Dy ~n~ his name is removed from the mortgage. The wife will assume full liability for and will indemnify and hold Husband harmless against all expenses of maintaining the home including, but not limited to, taxes, insurance costs and mortgage payments. 5. PERSONAL PROPERTY: The parties acknowledge that a motorcycle, currently in the Wife's possession, is the personal property of the Husband. The Wife agrees to keep the motorcycle i.. North Middleton Road property~n~l the Husband takes possession ~ne ~B~lq~ d ~_~ _= ~=: __ , whichever or comes first. ~~ ~05~ o dUu~ 7_g~ %q~7, ~ O<~._~__ ~t {here has been distrib ' The parties acknow±eu9= between them of all other items of personal, tangible and intangible property and they agree that the division thereof is to their mutual satisfaction- Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other party, all items of personal, tangible and intangible property now or hereafter owned or held by her or him with full power to dispose of the same effectively and for the purposes as if she or he were unmarried. 6. SUPPORT AND MAINTENANCE: a) Husband agrees to pay, and Wife agrees to accept as spouse support or alimony, the sum of THIRTY-SIX ($36) DOLLARS following occurrences, whichever shall first occur: (1) death of Wife; (2) remarriage of Wife; or (3) permanent cohabitation of Wife with a member of the opposite sex. ~[- b) Husband agrees to pay, and Wife agrees to accept, as child support for both their minor children, Cortney Gage and Lindsey Gage, the sum of ONE HUNDRED and FOURTEEN ($114) DOLLARS alarm, ~o~ ~pose~ o~ ~eSe~a~ L~eome ~ax, the exemptions ~o~ one o~ ~he~ mL~o~ ah~d~e~ as ~ong continue to contribute to her support as provided for herein, and Wife agrees to sign any declarations required by the Internal Revenue Service to implement this agreement. 7. CUSTODY AND VISITATION: The Parties shall have shared legal custody and the Wife will have primary physical custody of the two children. ~ Husband will have partial physical_~ust~-6f the children from ~u ~.~i. Saturday u~Lil 3:uu p.-~. beginning ~a weekend when the Husband/iS not required to work on Saturday.~ arrangement anticiPates a work schedule which will provide the Humana the time' ~o spend alternating weekends with his children, if~ Husband s work schedule changes to require him to work on a We~nd scheduled for visitation with his children, he wil~'take visi~ti°n on the next weekend when he~ · ~-~~r~- Therea~ the alternating schedule is not requlre~ ~ w~ ........ · ~ /" ~. · zfe of a change will resume./~he Husband agrees to not~ the W' ~dav preceding t~h~t change. The in his ~~ay p~=u= .... ~ Husba~will pick the children uP at 9:00 a'm' ~~start Of  ~3~on_per~_Tet/irS~~-nt~x~--~Ay a 3:00 p.m. Additional visitation will be allowed at any other time to which the parties can agree. ~~he.~usba..-~ will ha~__t_~mporary ~us~y--of'the ch±-~dren-~n Labor Da~m 9:00 a.m. to 6:00 p.m. He will have. temporary custody on Mem~O~1 Day one year and the 4th of july the next r~oo ~a 9:00 a.m. r year, alternating f to year thereafter, from until 9:00 p m On ChristmaB<~aY each year the Husband will have temporary custody f~o~"3':00 p.m. un~i~ 7:00 p.m. The Husband s custody over''a 'holiday will be in addition~t~e regularly s~hedUled weekend custody. ~ ......... ~--~oraru custody of the cJ~'en for The Husb~n~¥~ ~ .... ~ ~ ~ .... r~nm~io-'ment. The seven seven days during his summe~q~%z~<°.~ r_~~"P~ 3 days may include a weekend ~nd-~d ~ot~f~b~~nsecutively' ~--W4~agrees to inform the ~ within a reasonable ~ period of time when when either child requires the extraordinary care of a physician. 8. DEBTS OF THE PARTIES: a) The parties further affirm and incorporate by reference hereto the Agreement signed by them and filed with the office of Domestic Relations allocating responsibility for the joint debts. The parties agree that the Agreement regarding the payment of debts shall survive the divorce decree and the termination of spousal support. The parties certify and acknowledge that they have at this time no further joint debts or liabilities. b) The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to idemnify and hold harmless the other party against any claims that may be asserted by anyone against the other party by reason thereof. 9. NON-MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 10. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 11. COUNSEL FEES: The Husband agrees to pay his own counsel fees. He further agrees to be responsible for the counsel fees and expenses incurred by the Wife in connection with the preparation of this Agreement and the divorce between the parties up to a maximum of $500. 12. MUTUAL RELEASE: Except as provided for in this Agreement, the parties hereby remise, release quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act or spousal support, or otherwise, that they may make or hereafter make in and to or against each other's estates or any parts thereof, whether by way of dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 13. NON-WAIVER: The failure of either party to insist in any one or more instances upon the strict performance of any of the terms in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 14. RECONCILIATION: The parties agree that in the event of a reconciliation between them, they shall terminate this Agreement by mutual written consent. 15. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 17. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and assigns. This Agreement shall be executed as original in triplicate. 18. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event that either Husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The court, on entry of judgment for divorce, shall retain the right to enforce the provisions and the terms of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF ~&/~ ~ , 1987, before On this, the _l~' day o _ ,/¢,/~]4..~& -- me, a Notary Public in and for the aforesaid commonwealth and county, personally appeared TAMMY L. GAGE, 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 contained. IN WITNESS WHEREOF, I hereuntO set my hand and official COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF , 1987, before On this, the J~ ~ day of me, a Notary Public in and for the aforesaid commonwealth and County, personally appeared DARRELL D. GAGE, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ,%". '~ ~'~".'.' .... ~', ~- · , ~ '~ , '~ TAMMY L. GA~E, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ~ : : NO. 64 CIVIL - 1987 vs. : DARRELL DEWAYNE GAGE, : CIVIL ACTION - LAW : IN DIVORCE Defendant. STIPULATION WHEREAS the parties are the natural parents of two children, Cortney Ann Gage (age 7, date of birth 5/27/80) and Lindsey Raye Gage (age 5, date of birth 11/20/81); and WHEREAS Plaintiff initiated a proceeding for determination of custody of said children by Petition for Confirmation of Custody in accordance with marital Settlement Agreement filed to the above No. on April 3, 1987; and WHEREAS a hearing scheduled for June 5, 1987 at 9:30 a.m. was set in this matter; and WHEREAS Defendant, Darrell Dwayne Gage, has recently changed his residence from Carlisle, PA to Van Wert, Ohio; and WHEREAS Defendant is presently unable to attend the hearing set in this matter due to ill health; and WHEREAS the parties have reached an agreement pending further hearing in this matter which they jointly submit to the Court for approval and implementation- NOW THEREFORE the parties stipulate and agree as follows: ~/1. The parties shall share legal custody of the minor children, Cortney Ann Gage and Lindsey Raye Gage. ~/ 2. The mother, Plaintiff Tammy L. Gage, shall have primary physical custody of the said children. 3. The father, Defendant Darrell Dwayne Gage, shall have temporary physical custody for the purposes of visitation upon the following schedule: ~/(1) For a period of four days each year during the children's christmas school vacation. The parties to schedule such visitation so that christmas day is spent with Defendant in alternate years, christmas day 1987 to be spent with Plaintiff. ~(2) For a period of four days each year during the children's Easter or spring school break. If possible, parties will schedule such visitation so that Easter day is spent with Defendant in alternate years. Easter 1988 to be spent with Defendant. ~ (3) For a period of up to two weeks at the beginning of the children's summer school vacation- Defendant to give Plaintiff notice of at least two weeks of the exact time and scheduling prior to such visitation- 0~ '~'(4) For a period of up to two weeks at the end of the children's school summer vacation. Defendant to give Plaintiff notice of at least two weeks of the exact time and scheduling prior to such visitation. ~/ (5) For up to one additional weekend per month from 6:00 p.m. on Friday until 7:00 p.m. Sunday, (6) At such other times as the parties may mutually agree. 4. The parties agree that the cost and burden of transportation to and from such visitation with the father shall be the responsibility of the father. court as the ~. This stipulation shall be presented to the joint plan of the parties with the request that the stipulation and plan be approved and made an order of this Court. IN WETNESS WHEREOF the Parties hereto have executed this Stipulation by counsel on the date set forth below, intending thereby to be legally bound. Date :_ DARRELL DEWA ~A'M~'Y' L'. 'G'AGE, '~ : ~-~~-COMMO~' ~[EA'S OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : DARRELL DEWAYNE GAGE, : 64 CIVIL 1987 Defendant : IN DIVORCE STIPULATION NOW, this ~'r~ay of June, 1987, Harold S. Irwin, III, Esquire, attorney for the plaintiff, and Andrea C. Jacobsen, Esquire, attorney for defendant, enter into this stipulation. As attorneys of record for the parties this stipulation is made with the express authorization of their respective clients and on direction by Honorable George E. Hoffer in open court on June 5, 1987. The purpose of this stipulation is to acknowledge various agreements between the parties and to request the Court to confirm said agreements by incorporating them into the divorce decree which is about to be entered terminating the marriage of the parties. NOW THIS STIPULATION WITNESSETH THAT: WHEREAS Plaintiff is Tammy L. Gage (hereinafter referred to as WIFE), an adult individual residing at 756 North Middleton Road, Carlisle, Cumberland CountY, Pennsylvania 17013. WHEREAS Defendant is Darrell Dewayne Gage (hereinafter referred to as HUSBAND), an adult individual residing at Van Wert, Ohio WHEREAS Plaintiff filed the complaint in this matter on January 12, 1987, and service of the defendant was made by personal service upon him on the same date. WHEREAS The parties' have two children, Cortney Ann Gage (Age 6 - Date of Birth: May 27, 1980) and Lindsey Rae Gage (Age 5 - Date of Birth: November 20, 1981). WHEREAS On January 27, 1987, upon agreement of the parties following a support conference with the Domestic Relations Office of Cumberland County, an order of support was entered in this matter. A copy of said order is attached hereto as Exhibit "A" and incorporated herein by reference as if fully set forth at length. WHEREAS On February 4 and 12, 1987, the defendant and plaintiff, respectively, entered into an agreement regarding the payment of the parties' individual and joint debts and other ~ ,/III S.u!.~JI 'S, pLo~eH ..... ~~~8 Z86I '~ aunp :a2eO IHgIN33W ~ NIHHI 'NI~I · aa~oap @3~oA~p UL pa~JodJoDu~ aq o~ s3~q~qxa pu~ uo~eLnd~s p@qD~V .§ BNON :6u~puad sm~[o pal~[a~ Z86I '§ auno - ~u~pua~ap aq~ ~q L86I '§ aunp _ ~u~e[d aq~ ~q :aPO3 a3JOA~ aq~ ~o (~) I02 uo~aS Xq pa~nba~ luasuo~ ~o I~^~P~J~ aq~ jo uo~2n3axa jo a~ (e) '~!OZI ~u~^[~suuad 'a[s~LJ~3 Ja^OUeH q~JON 00~ 'oJnl ~ a~jj~j9 jo s@~jo aq~ u~ Jo~ ~auJo~e 'a~Fnbs~ '~II 'u~I 'S p[o~eH ~q 'a~nbs~ 'sauop sam~p '~au~ol~ s,~u~puajap uodn ~[[~uos~ad 'Z86I '~I ~nu~p :~u~[d~oo aq~ ~o a~A~as jo ~auu~ pu~ a~0 'apo3 @DJOA~ aq~ ~o (~)IO~ uo~13aS ~apun u~op~eajq a[qe^a~J~aj~ :a3~o^~p Joe punoJ9 '[ bu~o[[o~ aq~ ql~ Jaq~a6o~ 'pJo3eJ aq~ ~su~Jl :~J~ouoq~o~d aq~ Ol ~aoo~a iiwsNYai 33~0AI0 NI : luepua~a~ : '39V9 3NAVM3~ Z86I ]IAI3 N9 : : MV] - NOI13V ]IAI3 : 'A : VINVA]ASNN3d 'AINfl03 ~NV]~38Wf13 : : J)~lu~eLd JO SV31d NOWW03 JO 1~fl03 3H1 NI : '39V9 '] AWWV1 TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsyl- vania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIH ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania 17013 (717) 249-1133 TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA V. : : CIVIL ACTION - LAW : CIVIL 1987 DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE COMPLAINT UNDER SECTION 201__1~ OF T~-~ DIVORCE COD~ AND NOW, comes Tammy L. Gage, the above-named plaintiff, and by her attorneys, Irwin, Irwin & McKnight, Esquires, files this complaint in divorce against the defendant, Darrell Dewayne Gage, upon the cause of action hereinafter set forth: 1. The name of the plaintiff is Tammy L. Gage and the name of the defendant is Darrell Dewayne Gage. 2. The plaintiff is an adult individual and she resides at 756 North Middleton Road, Carlisle, Cumberland County, Pennsyl- vania 17013. 3. The last known residence and present whereabouts of the defendant, an adult individual, is unknown, however, he is currently employed by Fry Communications, 800 West Church Road, Mechanicsburg, Pennsylvania 17055. 4. The plaintiff and defendant have resided in the Commonwealth of Pennsylvania for at least six months previous to the filing of this action in divorce. 5. The plaintiff and defendant were married on August 18, 1979, in Carlisle, Cumberland County, Pennsylvania 17013. 6. Pursuant to the Divorce Code, Section 201(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The plaintiff avers that neither party to this action had ever previously instituted an action in divorce or annulment of this marriage in this court or in any other court. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment: a. Dissolving the marriage between the two parties; b. Compelling the defendant to pay alimony pendente lite and alimony to plaintiff; c. Equitably distributing all property both personal and real, owned by the parties; d. Awarding custody of the children to the plaintiff; e. For counsel fees, expenses and costs; and f. For such further relief as your Honorable Court may deem equitable and just. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: January/~, 1987 Irwin, Irwin & McKnight Attorney for plain~lTT / 60 West Pomfret Street ] Carlisle, Pennsylvania I~013 (717) 249-2353 TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA V. : : CIVIL ACTION - LAW : : CIVIL 1987 DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. i understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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. /~'~, 1987 "~ - Ta~ 'gage /) - Date: January TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANI'A v. : CIVIL ACTION - LAW : CIVIL 1987 DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT ~URSUAN __T-~__..~.--~.)5~__ N-~.--.!.9.20.J a~ COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : AND NOW, Tammy L. Gage, being duly sworn according to law, does depose and state: That she is a competent adult and the plaintiff, in the captioned action in divorce. 2. That she served the defendant, Darrell Dewayne Gage~, January 16, 198~, at the his place of employment, Fry Communications, 800 West Church Road, Mechanicsburg, Pennsylvania 17055, by personally handing him a certified copy of the complaint in divorce, and making known to him the contents thereof. 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~ , 1987 !~T~: ~/~. Plai ~ ..... ' ' ='. TA~y' t. GAGE, Petitioner CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : DARRELL DEWAYNE GAGE, : 64 CIVIL 1987 Respondent : IN DIVORCE NOW. this day of April, 1987, on petition of Tammy L. · otion of her attorney, Harold S. Irwin, III, ~squire Gage and on m a hearing on ~ne at ~"~ m. Pending disposition of this matter the custody and partial custody arrangements for tt~e parties' children as set forth in paragraph seven of the parties' marital settlement agreement attached to the petition herein are hereby confirmed on a temporary basis and given full force and effect the same as if it had been determined by this Court, until further order of Court pursuant to the hearing as set forth above. Service of this order upon the respondent shall be made by certified mail upon respondent's attorneys, Andrea C. Jacobsen, Esquire and Carol J. Lindsay, Esquire. By the Court, TAMMY L. 'GAG~, ..... -~'i'N THE' ~ouRT 'OF' COMMO~'PLEA~ 'oF-- Petitioner CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : DARRELL DEWAYNE GAGE, : 64 CIVIL 1987 Respondent : IN DIVORCE PETITION FOR CONFIRMATION OF CUSTODY IN ACCORDANCE WITH MARITAL SETTLEMENT AGREEMENT NOW, comes the petitioner, Tammy L. Gage, by her attorneys, Irwin, Irwin & McKnight, Esquire, and presents this petition for confirmation of custody of the parties' minor children in accordance with their marital settlement agreement, representing as follows: 1. Petitioner is Tammy L. Gage, an adult individual residing at 756 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013, and is the plaintiff in the pending divorce action filed as captioned above. 2. Respondent is Darrell Dwayne Gage, an adult individual whose present Cumberland County address is unknown, but whose last known place of employment is Fry Communications, 800 West Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, and who is the defendant in the pending divorce action filed as captioned above. 3. Petitioner filed the divorce complaint as captioned above on January 12, 1987, and service of the defendant was made by personal service upon him on January 12, 1987. 4. The parties' have two children, Cortney Ann Gage (Age 6 - Date of Birth: May 27, 1980) and Lindsey Rae Gage (Age 5 - Date of Birth: November 20, 1981). 5. On March 19, 1987, the parties entered into a marital settlement agreement resolving, inter alia, all questions of custody and partial custody of the-'~ie--~'r'children in paragraph seven (pages four, five and six) thereof. A copy of the agreement is attached hereto as Exhibit "A" and incorporated herein by reference as if fully set forth. 6. Petitioner has been advised and therefore avers that respondent intends to take the parties' children to Ohio on his next scheduled partial custody period (April 4 and 5, 1987) and that his intention is not to return the children to her on April 5, 1987, in accordance with the agreement. WHEREFORE, petitioner requests your Honorable Court to confirm the custody and partial custody arrangements as provided in the parties' marital settlement agreement, paragraph seven (pages four, five and six), as attached hereto and to give full force and effect to the provisions therein the same as if they had been determined by this Court, and to provide such other relief as the Court may deem appropriate. IRWIN, IRWIN & McKNIGHT BY: Attorney for pet~kt~ West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court ID No. 29920 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND : I, Tammy L. Gage, do hereby state that I am the petitioner in the above matter and that the facts contained in the within petition are true and correct to thebest of my knowledge, information and belief. Sworn to and subscribed before me thi~ day of April, 1987. ~0 t~ r~'~ u: ~~#~i'A R Y PUBLIC IY C:QMiII~ION EXPltI[$ Die. 15, Mem~r, Pg~Ym~ A~iaLion ~f Nete~ies THIS AGR?it',~ r~ ~ iq :';~'~ ~ hi.' 1987, by and b~tw~"n ~ ~ = Yr,~ ~ tc as Wife')- Husband) and ,.,v ~:~.<;~: (.. ere:;n~ft~r ~_'_~e .. WHEREAS, t:h,~' f~a~:~ f~: l-~~ cet.~, wc:e mart'[ed ,~u the ]Sth day of August, 1979, Ln Cat ft~,[~c ('~;nb,~'[;-t~,~ (joLlier. y, pennsylvania, and since that time have -{ .u, ~. , ~ ,~. we~." "~ ' chtl(tren bor~ of t}~Js marriaqr': WHEREAS, ~t Cortney Gage, born M::~'/ 2'2, '~80; art{~ I.indsey Gzqe, born November 20, 1981; and ~EREAS, ce~tzin ~i~f- .,fences .,,~,~_ parties and, as a consequ~tn:~e, they have agreed to and apart from each ot. ner~ WHEREAS, the patti<'. .... isL t.o set: forth ceYtain covenants and understa~di~g~ r~:<'~t~'. ~J * ~ thr~J r :~.eparation, and their respective pro])ertv rinhts~.. NOW THEREFORi:i, ~, ~:I' ~ide~at[on of tho mutual promises and undertakings cont a~: ned [Ir>F. in, :he p~:r-~:Jes here't ~, in'Lending to be legally bound, cq'v':'~r'~ z~nd a.[~ree, as fo] 1. VOI,~NTARY A(~Ri]~I~';t~T: it [s ~cknowi. edqed by the parties that this Agreement' i,.~ ~n::'''.red iht ~: voluntar'[]v and e,.fter due deliberation by each cf 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, indirect or direct, from each other. Neither party shall harass the other nor.compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: A divorce action has been filed in the Court of Common Pleas of Cumberland County, 64 civil 1987, pursuant to Section 201(c) of the Divorce code. The parties intend to proceed in this action by mutual consent and to execute when timely the necessary consent affidavits. The remaining items in this Agreement are conditioned upon the parties carrying out their intention in this regard. 4. REAL PROPERTY The parties acknowledge that they are the joint owners of certain real property situate at 756 North Middleton Road, Carlisle, Cumberland County, PennsYlvania 17013. Upon the removal of his name from the mortgage, the Husband will, transfer to the Wife all his right, title and interest in the real property for no consideration or purchase price but only. for the deed which will executed a costs of settlement- The Husband has Andrea C. jacobsen until be held in escrow by the Law offices of ~ mortgage- The wife will assume full his name is removed from the liability for and will indemnify and hold Husband harmless against all expenses of maintaining the home including., but not limited to, taxes, insurance costs and mortgage payments. 5. PERSONAL PROPERTY: The parties acknowledge that a motorcycle, currently in the wife's possession, is the personal property of the Husband. The wife agrees to keep the motorcycle ~_~2~~ on the North Middleton Road property until the Husband takes possession of it or until 30 days from the date of this Agreement, whichever comes first. The parties ~cknowledge that there has been distribution between them of all other items of personal, tangible and intangible property and they agree that the division thereof is to their mutual satisfaction- Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other party, all items of personal, tangible and intangible property now or hereafter owned or held by her or him with full power to dispose of the same effectively and for the purposes as if she or he were unmarried- 6. SUPPORT AND MAINTENANCE: a) Husband agrees to pay, and wife agrees to accept as spouse support or alimony, the sum of THIRTY-SIX ($36) DOLLARS per week until March 1, 1988, or until the earliest of the following occurrences, whichever shall first occur: (1) death of wife; (2) remarriage of wife; or (3) permanent cohabitation of wife with a member of the opposite sex. b) Husband agrees to pay, and wife agrees to accept, as cortney Gage and children, child support for both their minor ) DOLLARS Lindsey Gage, th~ sum of ONE HUNDRED and FOURTEEN ($114 per week, or such other amount as may be ordered by a court of competent jurisdiction, which amount shall be paid through the Domestic Relations office of cumberland county or similar office of any other court of competent jurisdiction- (c) The parties agree that the Husband will be entitled to claim, for purposes of federal income tax, the dependency exemptions for one of their minor children as long as he shall continue to contribute to her support as provided for herein, and wife agrees to sign any declarations required by the internal Revenue Service to implement this agreement- 7. CUSTODY AND VISITATION: The Parties shall have shared legal custody and the wife will have primary physical custody of the two children. The Husband will have partial physical custody of the children from 9:00 a.m. Saturday until 3:00 p.m. sunday, every other weekend, beginning on a weekend when the Husband is not required k© work on Saturday- This arrangement anticipates a work schedule which will provide the Husband the time to spend alternating weekends with his children- If the Husband'S work schedule changes to require him to work on a weekend scheduled for visitation with his children, he will take visitation on the next weekend when he is not required to work. Thereafter, the alternating ~chedule will resume- The Husband agrees to notify the wife of a change in his schedule by the Thursday preceding that change- The Husband will pick the children up at 9:00 a.m. at the start of the visitation period and return them the next day at 3:00 p.m. Additional visitation will be allowed at any other time to which the parties can agree. The Husband will have temporary custody of the children on Labor Day from 9:00 a.m. to 6:00 p.m. He will have temporary custody on Memorial Day one year and the 4th of July the next year, alternating from year to year thereafter, from 9:00 a.m. until 9:00 p.m. On christmas day each year the Husband will have temporary custody from 3:00 p.m. until 7:00 p.m. The Husband'S custody over a holiday will be in addition to the regularly scheduled weekend custody- The Husband will have temporary custOdy of the children for seven dayS during his summer vacation from employment- The seven days may include a weekend and need not be taken consecutively' The wife agrees to inform the Husband within a reasonable period of time when when either child requires the extraordinary care of a physician- 8. DEBTS OF T~E pARTIES: a) The parties further affirm and incorporate by reference hereto the Agreement signed by them and filed with the office of Domestic Relations allocating responsibility for the joint debts. The parties agree that the Agreement regarding the payment of debts shall survive the divorce decree and the termination of spousal support- The parties certify and acknowledge that they have at this time no further joint debts or liabilities- b) The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to idemnifY and hold harmless the other party against any claims that may be asserted by anyone against the other party by reason thereof- 9. NON-MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to,have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 10. EXECUTIOH OF DocUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement- 11. coUNSEL FEES: The Husband agrees to pay his own counsel fees. He further agrees to be responsible for'the counsel fees and expenses incurred by the wife in connection with the preparation of this Agreement and the divorce between the parties up to a maximum of $500. 12. MUTUAL RELEASE: Except as provided for in this quit-claim and Agreement, the parties hereby remise, release forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act or spousal support, or otherwise, that they may make or hereafter make in and to or against each other's estates or any parts thereof, whether by way of dower or curtesy, or under the intestate lawS, or the right to take or elect against the other'S will, except only such rights as accrue pursuant to this Agreement. 13. NON-WAIVER: The failure of either party to insist in any one or more instances upon the strict performance of any of the terms in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 14. RECONCILIATION: The parties agree that in the event of a reconciliation between them, they shall terminate this Agreement by mutual written consent. 15. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction- 17. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and assigns. This Agreement shall be executed as original in triplicate. 18. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. iNCORPORATION IN JUDGMENT FOR DIVORCE: In the event that either Husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into any such judgment for divorce, either.,directly or by reference- The court, on entry of judgment for divorce, shall retain the right to enforce the provisions and the terms of the Agreement- IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written ~ONW~&L · SS: CO TB OF pENNSYLVANIA : CouNTY OF ~~ : ~ , 1987, before /4' day of · ~ On this, the and me, a Notary public in and for the aforesaid commonwealth county, personally appeared TAMMY L. GAGE, 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 contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal - My commission Expires: FaY CO~',~,N~!9,''''!')T4 EI',PIRES OCl. 3, OF p~NNSYLVA~ I A : : SS: (~FFY OF '~ ~.., 1987, before on this, the aforesaid commonwealth and me, a Notary public in and for county, personally appeared DARRELL D. GAGE, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that he exeeuted the same for the purpose therein contained- IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~PUBLIC My commission Expires: -' TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW V. : : 64 CIVIL 1987 DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT ~,,o~,,aN~R.-~ ~ ~0'-~l''920'4 '~ COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : AND NOW, Harold S. Irwin, III, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above-captioned action in divorce. 2. ed the defendant, Darrell Dewayne Gage, on That he serv .... ~ .... ~ Irwin Irwin & McKnight, January 12, 1987, at ~ne ~T.,~::p~ns lvan~a 17013, by per- 60 West Pomfret Street, ~!l~l~_. ^~ ~ rnmnlaint in divorce, ~- ~~ ~m a certlTleo cupy u. ~ .... ~ sona~y no,u,-~ ..- and making known to him the contents thereof. 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:J~.~_4 (~ , 1987 i'  tiff TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA V, : : CIVIL ACTION - LAW : : 64 CIVIL 1986 DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT DF CONSENT 1. A complaint in divorce under Section 201(c) of the Divorce Code was filed on January 12, 1987. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 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. Section 4904 relating to unsworn falsification to authorities. Date:--/c~*tm- ~-, 1987 ~/~~ ~~__~ Tammy ~/ G~ge/'// PlaintDfff TAMMY L. GAGE, : IN THE COURT OF COMMON Plaintiff : : CUMBERLAND COUNTY, PEi'~Ii V. : : CIVIL ACTION - L. : : 64 CIVIL 19~7 DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE DEFENDANT'S ~ARR!AG_E COUNSELING AFFiDAViT The defendant, being duly sworn according to law, and says: ~ 1. I have been advised of the availability of marria!i~ counseling and understand that I may request th(il the court require that my spouse and I participaI:( in counseling. 2. I understand that the court maintains a list ~(:f marriage counselors in the Prothonotary's Offic(~, which list is available to me upon request. 3. Being so advised, I do not request that the cour't: require that my spouse and I participate i'~ counseling prior to a divorce decree being hande<l down. I verify that the statements made in this affidavit ar't) and correct. ! understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relat'r unsworn falsification to authorities. Date:-j~ ~ 1987 arrell Dewayne G~ge Defendant TAMMY L. GAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : : 64 CIVIL 1987 DARRELL DEWAYNE GAGE, : Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 201(c) of the Divorce Code was filed on January 12, 1987, and served on me January 12, 1987, personall~ by Harold S. Irwin, III, Esquire, Attorney for plaintiff. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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. Darrell DewayndGage Defendant