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HomeMy WebLinkAbout06-6155 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL A. ESSIG Plaintiff NO. CIVIL TERM v. CIVIL ACTION - LAW ROYCE W. ESSIG IN CUSTODY Defendant CUSTODY COMPLAINT 1. The Plaintiff is Rachel A. Essig, residing at 110 Meals Drive, Carlisle, PA 17015. 2. The Defendant is Royce W. Essig, residing at 285 Tanger Road, Boiling Springs, PA 17007. 3. Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE D.O.B. Chad W. Essig 110 Meals Drive, Carlisle, PA& 5 7/6/2001 285 Tanger Road, Boiling Springs, PA Casey A. Essig 110 Meals Drive, Carlisle, PA& 4.5 mos 5/24/2006 285 Tanger Road, Boiling Springs, PA 4. The children were not born out of wedlock. 5. The children are presently in the joint custody of the Rachel A. Essig who resides at 110 Meals Drive, Carlisle, PA, and Royce W. Essig who resides at 285 Tanger Road, Boiling Springs, PA . 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Rachel A. Essig & 101 A Street 2001 -2003 Royce W. Essig Apt A (Chad Only) Carlisle, PA 17013 - 1 - . " PERSONS ADDRESSES DATES Rachel A. Essig 8: 285 Tanger Road 2003-4/2005 Royce W. Essig Boiling Springs, PA 17007 Charles 8: Patricia Essig Rachel A. Essig 8: 110 Meals Drive 4/2005 to Royce W. Essig Carl isle P A 17015 10/15/06 Rachel A. Essig 110 Meals Drive 10/15/06 to Carlisle PA 17015 present (!i2 time) Royce W. Essig 285 Tanger Road 10/15/06 to Charles 8: Patricia Essig Boiling Springs, PA 17007 present (!i2 time) 7. The mother of the children is Rachel A. Essig currently residing at 110 Meals Drive, Carlisle, PA 17015. 8. The mother is married. 9. The father of the children is Royce W. Essig currently residing at 285 Tanger Road, Boiling Springs, PA 17007. 10. The father is married. 11 . The relationship of Plaintiff to the children is that of mother. 12. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Chad W. Essi g son Casey A. Essig son 13. The relationship of Defendant to the children is that of father. 14. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Chad W. Essig son Casey A. Essig son - 2 - . " NAMES RELATIONSHIP Charles & Patricia Essig parents 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody of the children. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant: A. Joint legal custody of the children to the parties; B. Primary physical custody of the children to Plaintiff; C. Partial Physical custody of the children to Defendant. Respectfully submitted, CLIFF, ESQUIRE 8 Trin oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 Date: \0/' q / 6 ~ f I - 3 - . " VERIFICATION I verify that the statements made in this Custody 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: ) 0 .- Iq-c>~ ,R6..cJvJ f)' f'-S r ~,/ Rachael A. Essig ("') l"-.l C <= ;:g~ ~ ~ ;::1, ~ ~:n Ui, r- _0-: '. N =-,9,'" f-: (..)-< Y ./ ' ;p-;1 ~i y;::' I~':.~-- - ' . , ; ;:1~ =<4. ' " :.;! '-'. :U (..;J .< ~~ ~ " \J' ~~ "- ~ & " V ~ ~ ~ \ \ ~ ~ ~ ~ ~ ~ ~ ~ 6' :" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL A. ESSIG Plaintiff NO. 06-6155 CIVIL TERM v. CIVIL ACTION - LAW ROYCE W. ESSIG IN CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that on October 26, 2006, I served a true and correct copy of the Custody Complaint upon Royce W. Essig, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: 285 Tanger Drive Boiling Springs, PA 17007 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. DCLlFF, ESQUIR ndle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff / ,11\ .... .. . Complete items 1. 2. and 3. Also complete Item 411 RestrIcted Delivery is des/red. . Print your name and address on the reverse so that we can return the carel to you. . Attach this carel to the back of the mallplece. or on the front if space permits. " 1. Article Addressed to: R()~eR tJ, 1355/4 28 ~~/,4-Al6 (31G. j) fL J;OI ), flq Sf n /19, S (4- J (j J 1007 2. ArtIcle Number (1trII/IIIer tam ....... PS Form 3811. Februay 2004 3. \ ~ce Type ;&J..Certified Mall o Registered o Insured Mall CJ Express Mall o Return Receipt for Merchandise CJ C.O.D. 7005 0390 0003 2641 5827 DomeatIc Return Receipt 102685-02-M-1540 EXHIBIT "A" CERTIFIED MAil RETURN RECEIPT CARD ~ -;,:..... (;:3 ;:.s: .:;;::-t {is c: ::2: ::::1 ... c c ~ ~:.:-.:-;) 'C-:J 0-. ; f'\) RACHEL A. ESSIG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-6155 CIVIL ACTION LAW ROYCE W, ESSIG DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy,Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, December 08, 2006 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Melissa P. Greevy, Esq. Custody Conciliator r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ p ~ ~~; 9(/~Je.11 .~ p ~ ~It., ~o-te)1 ~ ~ ~ ~ ~p' -J"? 1~KII ~o ;~ IJd 12 AGN 900Z 'lr\...'1 "", "" "'U' :J^ ^O\/._11.);-"~::~)j .::. LL .. fJ 3:J::!::1Cj-03l1:l Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717,975-0697 Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL A. ESSIG Plaintiff NO. 06-6155 CIVIL TERM v. CIVIL ACTION - LAW ROYCE W. ESSIG IN CUSTODY Defendant STIPULATED CUSTODY AGREEMENT AND NOW This, <,+- day Of~t:!:l V'(\. b.. _ , , 2006, Rachel A. Essig ("Mother") and Royce W. Essig ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor children, Chad W. Essig, born on July 6, 2001 and Casey A. Essig, born on May 24, 2006 (the "Children"): 1.0 LEGAL CUSTODY: The Parents shall have shared legal custody of the Children. Each Parent shall have an equal right, to be exercised jointly with the other Parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of 23 PA. C.S.A. ~5309, each Parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other Parent. To the extent one Parent has possession of any such records or information, that Parent shall be required to share the same, or copies thereof, with the other Parent within such reasonable time as to make the records and information of reasonable use to the other Parent. 2.0 PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: A. Primary/Partial Custody: Mother shall have primary physical custody of the Children and shall have physical custody of the Children for all periods not specifically reserved for Father in herein. Father shall have partial physical custody of the Children in accordance with, and subject to, the following custody schedule. - 1 - B. Custody Schedule: The Parents' rights of physical custody shall be in accordance with the following schedule: (1 ) Alternatiml Weekends: Father shall have partial physical custody on alternating weekends from Friday at 2:00 p.m. until Sunday at 7:00 p.m. Father's first weekend shall be the weekend of 1Ie:.mter1'5;..fh7,.". (2) Mid-Week Periods: Father shall have partial physical custody on: (a) Mondays from 8:00 a.m. until 10:00 a.m. (b) Wednesdays from 8:00 a.m. until 10:00 a.m. (c) Fridays from 2:00 p.m. until 7:00 p.m. 3. Holidavs/SDecialDavs: Physical custody for major holidays and special days shall be in accordance with the following schedule: HOLIDAYS AND TIMES EVEN ODD SPECIAL DA YS YEARS YEARS Easter Segment A Saturday before Easter Day at 8~ Mother Father until Easter Day at 2pm Easter Segment B Easter Day at 2pm until the Father Mother Monday after Easter at 9am Memorial Day Memorial Day Weekend from FatiMer Nt~er Friday at 2pm until Monday at 7pm July 4th 9am until 7pm Father Mother Labor Day Labor Day Weekend from Mother Father Friday at 2pm until Monday at 7pm Thanksgiving Day 9am until 7pm Father Mother Christmas 12/24 at 8pm until 12/25 at 2pm Mother Father Segment A Christmas 12/25 at 2pm until 12/26 at 9am Father Mother Segment B New Years Eve 12/31 at 8pm until 1 11 at 2pm Father Mother New Years Day 111 at 2pm until 1 12 at 9am Father Mother Mothers Day 9am until 7pm Mother Mother Fathers Day 9am until 7pm Father Father - 2 - 4. Summer Vacation Time: Each Parent shall be entitled to two (2) full uninterrupted, non-coRsecwtive weeks of physical custody of the Children during the summer under and subject to the following terms and conditions: (a) Weeks Defined: Each week shall run from Friday at 2pm until the following Friday at 2pm. Each week may be subject to adjustment for special vacation plans or rental accommodations. To the extent possible each week shall be scheduled to encompass the selecting Parent's regular alternating weekend. (b) Advance Written Notice: Each Parent shall give the other Parent with at least three (3) weeks advance written notice of his or her selection of the weeks. The Parent who first gives notice to the other shall have the right to exercise custody on the week selected and the other Parent shall not schedule a vacation during that period. 5. Special Provisions Re~ardin~ Weekend SwitchinSj: If the exercise of any of the foregoing physical custody periods result in a Parent having physical custody for more than two (2) consecutive full weekends, (Friday through Sunday) so as not to change the regular alternating weekend schedule for the remainder of the year, the Parents shall switch weekends so that neither Parent has physical custody for more than two (2) consecutive weekends. Otherwise the alternating weekend schedule shall not be modified. For example, if Father is entitled to Memorial Day Weekend and also has custody for the weekend immediately before and following Memorial Day Weekend, the Parents shall switch weekends (the holiday weekend for the following weekend) so that Father has the weekend before Memorial Day and Memorial Day Weekend (2 weekends in a row) and Mother shall then have the next two (2) weekends following Memorial Day. Thereafter, the regular alternating weekend schedule shall be followed. C. Extracurricular Activities: Both Parents shall honor and participate in the activities that the Children wish to engage in. During a Parent's custodial period, that Parent shall make certain that the Children attends any extracurricular activities and will transport the Children to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Children is able to participate in those activities. Neither Parent shall, however, shall commit the Children to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Children to an activity if that Parent is out of town during the - 3 - . '\. activity. In the event the custodial Parent is unable to deliver the Children to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Children to the activity and the custodial Parent shall make certain that the Children is ready for pick up in time to timely attend the activity. D. Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. E. Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. If such mutually agreed upon modification is in writing (including em ail transmission which evidencing consent), it shall be binding upon the parties to the extent and for the duration mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such signed written mutual agreement. F. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent 8i~j1~l!!I}:) custody of the Children shall provide the transportation for that custodial exchange. During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Children. G. Unavailabilitv: In the event either Parent is unavailable to exercise his or her custodial periods, the other Parent shall be provided with the opportunity to have custody of the Children before they or either of them is placed in the case of a third party. 3.0 ENTRY OF COURT ORDER: The Parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. - 4 - . '" l' . IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: ~ at.A.t..t f). ceJ 5J '- RACHEL A. ESSIG {SEAL} Date: (;).- S""'-c).(, ~~ss~ ~ -- {SEAL} Date: /Z.S"C- - 5 - (] ~ - , r-:> c::::> .::;::l C1"' CJ rri n I --J o -n -:::i :I:. .., fn- hi :Sb .~~ "1) < :P>" :3: (ji Plaintiff DEe 11 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6155 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY RACHEL A. ESSIG, v. ROYCE W. ESSIG, Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 1f;Iv day of December, 2006, the parties having reached an agreement which has been memorialized in a Stipulation on December 5, 2006, and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. BY: :288062 e' Z 0 :01 ~,nf 21 330 gouZ I' ''WI'" ,r" " '<" , I "'Hi ..10 ^'\..,j U ,t :I'\!; Ir'..I:i :\'-"t/'l _I . ."~" t.~lf._"",, I......., ..."....... ,,.>....,, _Jl - :j~)i:!::O-{]3ll:l DEe 0 8 ZOO~ S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL A. ESSIG Plaintiff NO. 06-6155 CIVIL TERM v. CIVIL ACTION - LAW ROYCE W. ESSIG IN CUSTODY Defendant CUSTODY ORDER -\~ AND NOW, this \~ day of Q t.t.lM 'nt, , 200~, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Stipulated Custody Agreement is incorporated into this Order and entered as an Order of this Court the same of if fully set forth herein. BY THE COURT: \-t ~~\ J. D~ribution To: Atorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: Cheryl Krentzman, Esquire, P.O. Box 1166, Harrisburg, PA 17108-1166 0. PauL ~ e.\~O' ~ ~iIj L \ ~ \ \ H~ ~ \ 'j3\l ~~\11. }.'d'Vl.ot:,O\\iOC~ ';1\-\1. jO 3(Sd~o-G:\\\:\ ,. 1...' .' WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this ;}1':!!- day Of~, 2006, at Carlisle, Cumberland County, Pennsylvania, by and between MICHAEL A. KA YDO, SR. of 6 Independence Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 (hereinafter referenced as "Husband") AND LISA M. KA YDO whose last known address was c/o Sheetz, Inc., 420 North Baltimore Avenue, Mount Holly 5.prings, Cumberland County, Pennsylvania 17065 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since on or about March 24, 2006. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. \. .. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conform:) to the criteria set forth in 93501 of the Pennsylvania Divorce Code, and taking into alxount the following considerations: The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipati on of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of WAYNEF. SHADE Attorney at Law equitable distribution of the parties. 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- " . " WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein shall forever be binding and .~onclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party. It -3- , . WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. Within thirty (30) days after execution of this Agreement, Wife shall execute a special warranty deed to be prepared by counsel for Husband which will transfer to Husband all of her right, title and interest in and to the marital residence known and numbered as 6 Independence Drive, Mount Holly Springs, Cumberland County, Pennsylvania, as more particularly bounded and described in Cumberlard County Deed Book 155, Page 674, with improvements thereon erected. The deed shall be delivered to Husband for recording immediately upon his execution of this Agreement. -4- WAYNE F, SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled personal property have been divided to th~ mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party iJ:: in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangibk personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement. (b) Husband wi] I execute a Limited Power of Attorney authorizing Wife to transfer the jointly own~d 1992 Ford Mustang automobile into Wife's name, alone. (c) Wife will cooperate in executing any documents required to transfer any interest which she may have in any other titled vehicles of the parties. (d) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, ifany, of the other. Such release will expressly extend to all rights to pre-retirement death benefits and survivor -5- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, pennsylvania 17013 benefits and will include the unequivocal consent to the designation by the other of any alternate or further beneficiaries at anytime. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (e) The parties will execute and deliver any documents necessary to formally release their rights and ,:111 claims to the life insurance of the other, if any. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Husband hereby assumes the mortgage, real estate tax and insurance obligations with respect to the aforesaid marital residence. Husband also assumes the liability for any docum{:nted or undocumented financial obligations to his father. 4.02 Post-Separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. 4.03 Indemnifil~ation. Each party indemnifies and holds harmless the other for all obligations separately incurred and for all obligations assumed under the provisions of this Agreement. 4.04 Bankrupb:y. The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy -6- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 court should discharge ;l party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. -7- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ARTICLE V CHILDREN 5.01 Custody. Primary physical custody of Michael A. Kaydo, Jr., born August 26, 1989, Kayla D. Kaydo, born October 21, 1991, and Dalton L. Kaydo, born November 20, 1994, shall be in Husband, subject to reasonable rights of partial physical custody in Wife as the parties may, from time to time, agree. The parties shall share legal custody of the children. 5.02 Support. Wife will continue to pay guideline child support through the Pennsylvania State Collections and Disbursement Unit, P.O. Box 69110, Harrisburg, Pennsylvania 17106. ARTICLE VI ALIMONY, ALI:f\,10NY PENDENTE LITE AND SPOUSAL SUPPORT 6.01 Qualified Waiver. Each of the parties waives alimony, alimony pendente lite and spousal support, generally. However, any obligations assumed by the parties under this Agreement a:) to which benefits flow to the other spouse shall be payable as alimony for the purpost::s of enforcement and so as to constitute an exception to discharge in bankruptcy but will not be deductible by the payor or taxable to the payee for income tax purposes. -8- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ARTICLE VII COUNSEL FEES 7.01 Present Fl'es. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty (180) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 7.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after one hundred eighty (180) days from the date of this Agreement, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or en10rcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable l,:ounsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. -9- ARTICLE VIII GENERAL PROVISIONS 8.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, t:ach will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirdy by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or doc ument executed pursuant to this Agreement. 8.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any WAYNE F. SHADE 53 ~:~~;m~~a;reet jurisdiction based upon any past or future conduct of the other, nor to bar the other from Carlisle, Pennsylvania 17013 -10- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either pa.rty hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other party's estate in cases of intestacy. ( c) to act as exel;utor or administrator of the other party's estate. (d) the right to alimony, spousal support, alimony pendente lite, attorney's fees and equitable distribution. 8.05 No Debts und Indemnification. Each party represents and warrants to the other that he or she will not Incur any debt, obligation or other liability, other than those already described in thi:) Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the othfr party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, -11- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 8.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or recdvable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in and that neither party has filed an inventory and appraisement in any divorce action. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover -12- WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The party to whom the asset was not disclosed shall be entitled to seek, from the non-disclosing party, payment of reasonable eounsel fees, costs or expenses incurred in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 8.07 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and (;ompletely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor. having had the opportunity to do so, having decided not to do so. -13- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and h~gal effect. 8.09 Complianee. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 8.10 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 8.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. -14- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 8.12 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decrel~ in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Unless otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, adminj strators, assigns and successors in interest of the parties hereto. 8.13 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution h{Teof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. Any disputes that may arise in connection with this Agreement shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania. 8.14 Reconciliation. Irrespective of the reference in the title of this Agreement to marital separation, this Agreement is intended to be a postnuptial agreement. In the event of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of short or long duration after the date of this Agreement, this Agreement shall remain in full force and effect in the a bsence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. Any attempted -15- t. reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted reconciliation. IN WITNESS V. HEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: G.- 91~ Wfi~S0 Michael A. Kaydo, Sr. (SEAL ) & Y!I.. JJ. . / JL..-(SEALl LisaM. Kaydo ~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -16- . WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, pennsylvania 17013 COMMONWEAL TH OF PENNSYL VANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the ,).;J"" day of ar undersigned officer, personally appeared MICHAEL A. KA YDO, SR., known to me (or , 2006, before me, the satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknow ledged that he executed the same for the purposes therein contained. IN WITNESS V. HEREOF, I hereunto set my hand and official seal. ~ ~:L~ Notary Pu IC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public Carlisle Boro., Cumberland County My Commission Expires October 5,2008 COMMONWEALTH OF PENNSYL VANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the a".... _ day of ~ ' 2006, before me, the undersigned officer, personally appeared LISA M. KA YDO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknow ledged that she executed the same for the purposes therein contained. IN WITNESS 'WHEREOF, I hereunto set my hand and official seal. ~'<f(9fs' Not Public NOTAAIJ1. ss~.!.. Jt3~3l~ ~ji\GOs ~~~/:?:~~j ruh!~ ~ CG.r~3~~"'3 t;:;.~~~ (?t~~r;r:~;~t~r~:~ ~~t~~,;ntv My Commtftl\;oo ~lffiS f\l'lia 1, 2007 -17- ~-:: o C ~ (.::-.) _ _.J --. ::;, :;0 \ \.P ,- ~ ..-\ ff,+n :~~, ~] -- -- () -'-~=- ~---\ '(~{~ ~t';';>, r,) ~ CJ y. WAYNEF. SHADE MICHAEL A. KA YDO, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W v. : NO. 06-6115 CIVIL TERM LISA M. KA YDO, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE COMMONWEAL TH OF PENNSYL VANIA ) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under ~3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on October 19,2006, and served on October 20, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) Attorney at Law 53 West Pomfret Street days have elapsed from the date of filing and service of the Complaint. Carlisle, Pennsylvania 17013 1t- 3. I consent to the entry of a Final Decree of 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 of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ... WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 9. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: March 29, 2007 itkhJ !l ~ Sf-- Michael A. Kaydo, Sr. ~ b --' ~ :;0 \ u;J ~ -x- - - Q. ::? -II r'DP' ~?~~, ;~~~;~ ;;S ~ {'0 CP ~ MICHAEL A. KA YDO, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W v. : NO. 06-61l5 CIVIL TERM LISAM. KAYDO, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYL VANIA ) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under ~3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on October 19,2006, and served on October 20, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. - 3. I consent to the entry of a Final Decree of 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 of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of malTiage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. . 9. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: AprilS, 2007 ~yf!l' ;!~{l/ Q S r-> = = --' :t:"" -.;,1 :;':J I "" ~ :.:r..,.. rnp 23 \ C~', --:"'! - - () '-- ("n '~~ ~~ ~ N co WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 MICHAEL A. KA YDO, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W v. : NO. 06-6115 CIVIL TERM LISA M. KA YDO, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under S3301(c) of the Divorce Code. 2. The date and manner of service of the Complaint were October 20, 2006, by acceptance of service. 3. Date of execution of the Affidavit of Consent and Waiver of Notice ofIntention to Request Entry of a Divorce Decree under S330 1 (c) of the Divorce Code by Plaintiff was March 29,2007, and by Defendant was April 5, 2007. 4. Related claims pending: None. Date: April 9, 2007 ~~ Wayne . Shade Attorney for Plaintiff o s;. r..:l C;) <;3 ~ '7;::) \ \.0 ~ .-\ :r:,...... r\1F=: .......,.....,. f"f1 -r1'=? <:~;\ ~.~ ~ ~~ '~~.t1 q -= ~ - - N \.0