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HomeMy WebLinkAbout06-1520C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006- /SD CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. 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 CLAIM 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 C. GRANT LEBO, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- 15-2'1 CIVIL TERM SARA M. LEBO, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT Plaintiff is C. Grant Lebo, III, an adult individual who currently resides at 2840 Rimer Highway, Carlisle, Cumberland County, Pennsylvania 17013. 1 Defendant is Sara M. Lebo, an adult individual who currently resides at 690 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 14, 2004, in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs I through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - CUSTODY 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. The plaintiff is C. Grant Lebo, III, an adult individual residing at 2840 Rimer Highway, Carlisle, Cumberland County, Pennsylvania. 14. The defendant is Sara M. Lebo, an adult individual residing at 690 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. 15. Defendant seeks custody of the following child: Gage R. Lebo, born May 7, 2004. The child was not born in wedlock. The child is presently in the custody of both the Defendant at 690 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania and the Plaintiff at 2840 Rimer Highway, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates C. Grant Lebo, 111 2840 Rimer Highway May 7, 2004 to Carlisle, Pennsylvania Present Sara M. Lebo May 7, 2004 to Present The natural father of the child is C. Grant Lebo, 111, currently residing at 2840 Rimer Highway, Carlisle, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the child is Sara M. Lebo, currently residing at 690 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. She is married to the Plaintiff. 16. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationship Chester G. Lebo, Jr. Father Debra K. Lebo Mother Gage R. Lebo Son 17. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Gage R. Lebo 690 Mt. Rock Road Carlisle, Pennsylvania Relationship son 18. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. 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. 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant shared primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER U le David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff dab.dirldomestietteboldivorce.pld VERIFICATION I verify that the statements made in this Divorce 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 unworn falsification to authorities. Date: C. Grant Lebo, III ? u z? f ?CJi C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1520 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND «'OW, ti is ,?S day of March, 2006, I, Sara M. Lebo, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1930 (d) and acknowledge receipt of a true and attested copy of said Complaint. w Sara o C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1520 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE A Divorce Complaint under Section 3301(c) of the Divorce Code was filed on March 16, 2006. 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 without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. zz? 81 Date: "le-70 C? C. Grant Lebo, III t . C-0 -c7 f^1 YSi ?"., :i?f C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1520 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Divorce Complaint under Section 3301(c) of the Divorce Code was filed on March 16, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. I consent to the entry of a final decree in divorce without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: W,74Zzo,9 C? ? ?`? ?? ?° W 5 C . . C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1520 CIVIL TERM CIVIL ACTION-LAW Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this j7 day of J44e- BY and BETWEEN C. Grant Lebo, III, 690 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", A N D 2008, Sara M. Lebo, of 385 Brandy Run Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Wife". RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on August 14, 2004 in Newville, Cumberland County, Pennsylvania; and, R.2: One (1) child was before the marriage: Gage R. Lebo, born May 7, 2004, R.3: Differences have arisen between the parties, in consequence of which the parties have been separated since January 11, 2006; and, R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and, Page 1 of 9 R.5: Husband filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, R.6: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by David A. Baric, Esquire and that Wife has been independently represented by Harold S. Irwin, III, Esquire.. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other parry at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Page 2 of 9 (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Office of the Prothonotary. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: Husband is the sole owner of certain real property located at 690 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania. Husband shall retain that real property located at 690 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania. Wife's name is not on the deed to this property and no refinance of the loan will be necessary. Husband shall pay to Wife the amount of three thousand dollars ($3,000.00) for Wife's equitable marital portion of the increased value of the home during the parties' marriage. In the event Husband decides to sell the property and receives a bona fide offer to purchase the property that Husband decides to accept, Husband shall first provide Wife with a copy of such offer and Wife shall have thirty (30) days to exercise the right of first refusal to purchase said property at the price and terms offered by such third party by delivering to Husband, written notice of Wife's desire to exercise right of said first refusal. Closing shall occur within sixty (60) days of Wife's receipt of such offer. If Wife does not close within said period, Husband may sell the property to a third party. (4) DEBT: A. MARITAL DEBT: Husband and Wife have no joint marital debt. Page 3 of 9 B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C. FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The parties are the owners of various motor vehicles. Husband shall become the sole owner of the 2004 Chevrolet Silverado truck and the 2005 Harley Davidson motorcycle. Wife shall become the sole owner of the 2004 Hyundai Sonata car. There are no liens against any of these vehicles. Husband shall sign whatever documents are necessary to retitle the vehicle as set forth above into Wife's name. (6) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but Page 4 of 9 not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401 K plans, and the like. Wife has a Primerica Money Market Account and a Primerica IRA. Husband shall execute any and all documents necessary to relinquish any and all rights or interest that he may have in those accounts in favor of Wife. (8) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (9) DIVISION OF BANK ACCOUNTS: The parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. The parties hereto further acknowledge and agree that any bank accounts established individually by the parties shall become the sole and separate property of that party simultaneous with the execution of this Agreement. (10) AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. (11) LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from Page 5 of 9 designating beneficiaries under or encumbering their respective life insurance policies. (12) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (13) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. (15) COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek 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. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each 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 of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees Page 6 of 9 that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further covenants and agrees 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 a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available to him or her full, proper and independent representation by legal counsel. (16) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401 K's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (17) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their Page 7 of 9 marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either parry could raise which arise from the marriage, contract or otherwise. (18) SEPARABILITY OF PROVISIONS: If any term, condition, clause or provision ofthis agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (19) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (20) INCORPORATION INTO DIVORCE DECREE: 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 contact itself at law or in Page 8 of 9 equity, or in any enforcement action filed in a Divorce action. (21) BREACH: It is expressly stipulated that 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 cost 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. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: f'? C. Grant Lebo, III r,a r? CD C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1520 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree. 1. Ground for divorce: mutual consent and irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form for the Complaint in Divorce on March 25, 2006. Plaintiff docketed this form. 3(b). Date of execution of the affidavit required by § 3301(c) of the Divorce Code: By Plaintiff. The 20th day of June 2008; By Defendant: The 24th day of June 2008. 4. Related claims pending: None. 5(b). Date Waiver of Notice of Intention to Request Entry of Divorce Decree was filed with the prothonotary: By Plaintiff: The 25th day of June 2008; By Defendant: The 25th day of June 2008. 1 ? r? r ?? ? ? ?? ?; - r-,? _. ?? ,..x., ? `; ,r ' ; _7 :. Vi G-? .-._. C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1520 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION is entered into the day of Jty rue-, , 2008, by and between C. Grant Lebo, III (hereinafter referred to as "Father") and Sara M. Lebo (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of the child, Gage R. Lebo, born May 7, 2004 (hereinafter referred to as "Child"); and, WHEREAS, the parties are separated; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of their child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother and Father shall share primary physical custody of the child. 3. Mother and Father shall alternate physical custody of the child on a week to week basis starting Friday at 5:00 p.m. and continuing until the following Friday at 5:00 p.m. 4. The party not exercising physical custody of the child shall be entitled to one overnight with the child during the other parties period of physical custody. 5. The party exercising physical custody of the child shall allow the child to have liberal telephone contact with the other party. 6. Father shall have physical custody of the child each father's day from 9:00 a.m. until 5:00 p.m. 7. Mother shall have physical custody of the child each mother's day from 9:00 a.m. until 5:00 p.m. The parties shall share Thanksgiving, Christmas, Easter and the child's birthday by splitting time for each occasion and the time blocks shall alternate year to year. 9. The parties shall have the child at such other times as the parties from time to time agree. 10. The party receiving custody in the exchange of the child shall be responsible to pick the child up at the other party's residence or at such location as the child are present, as the case may be. 11. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 12. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 13. The parties agree that neither one of them shall relocate more than forty (40) miles outside of Newville, Cumberland County, Pennsylvania, without mutual agreement. 14. In the event that the parties live in separate school districts, Mother shall have the authority to determine which school district the child shall attend. 15. Father shall pay to Mother $300.00 per month for child support. Father shall likewise pay the costs of daycare to NCOB Daycare in Newville, PA. Mother shall carry the child on her health insurance through her employer and be responsible for those premium payments. The parties shall equally split any of the child's medical bills not covered by insurance. The parties shall alternate the child each year for purposes of taking him as an exemption on the parties' income taxes. 16. The parties may deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 17. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: C. Grant Lebo, III Sara M. Lebo da b.dir/domestic/lebo/custody.stp 1 i ;NN S82AOBr C. GRANT LEBO, III, Plaintiff V. SARA M. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1520 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this 2 V day of 2008, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following child: Gage R. Lebo, born May 7, 2004 (hereinafter referred to as "child"). 1. Mother and Father shall have shared legal custody of the child. 2. Mother and Father shall share primary physical custody of the child. 3. Mother and Father shall alternate physical custody of the child on a week to week basis starting Friday at 5:00 p.m. and continuing until the following Friday at 5:00 p.m. 4. The party not exercising physical custody of the child shall be entitled to one overnight with the child during the other parties period of physical custody. 5. The parry exercising physical custody of the child shall allow the child to have liberal telephone contact with the other party. 6. Father shall have physical custody of the child each father's day from 9:00 a.m. until 5:00 p.m. 7. Mother shall have physical custody of the child each mother's day from 9:00 a.m. until 5:00 p.m. 8. The parties shall share Thanksgiving, Christmas, Easter and the child's birthday by splitting time for each occasion and the time blocks shall alternate year to year. CC) C\j CrD N L _7 W 9. The parties shall have the child at such other times as the parties from time to time agree. 10. The party receiving custody in the exchange of the child shall be responsible to pick the child up at the other party's residence or at such location as the child is present, as the case may be. 11. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 12. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 13. The parties agree that neither one of them shall relocate more than forty (40) miles outside of Newville, Cumberland County, Pennsylvania, without mutual agreement. 14. In the event that the parties live in separate school districts, Mother shall have the authority to determine which school district the child attends. 15. Father shall pay to Mother $300.00 per month for child support. Father shall likewise pay the costs of daycare to NCOB Daycare in Newville, PA. Mother shall carry the child on her health insurance through her employer and be responsible for those premium payments. The parties shall equally split any of the child's medical bills not covered by insurance. The parties shall alternate the child each year for purposes of taking him as an exemption on the parties' income taxes. 16. The parties may deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 17. The parties acknowledge that they have read and understand the provisions of this Agreement. BY THE COURT, -/X/ /? J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. C. GRANT LEBO, III, -° Plaintiff No. 2006-1520 Civil VERSUS SARA M. LEBO Defendant DECREE IN DIVORCE AND NOW, 7v 1 ?Q?D IT IS ORDERED AND DECREED THAT RANT TFBp TTT PLAINTIFF, AND SARA M. LEBO ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; The parties Marital Seti but not merged herein as a final Order of Court. BY THE COURT: ATThST: J. PRO NOTARY --'tAr7Ar- Arlo*