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HomeMy WebLinkAbout02-3173HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAET HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF TERESA L. KAHLER, Plaintiff EDWARD L. KAHLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PBNN8YLVANIA : : CIVIL ACTION - LAW ; : NO. 02 - ~-~{~-~ CIVIL TERM : 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, Pennsylvania 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 TERESA L. KAHLER, Plaintiff EDWARD L. KAHLER~ Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - ~/~-~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Teresa L. Kahler, an adult individual residing at 636 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Edward L. Kahler, an adult individual residing at 132 West South Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 7, 1999, in Waymart, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he 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 dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. I vedfy 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. Section 4904, relating to unswom falsification to authorities. July 1, 2002 TERESA L. KAHLER, Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 TERESA L. KAHLER, Plaintiff EDWARD L. KAHLER, Defendant : IN THE COURT OF COMMON PLEAS OF~ : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : : NO. 02 - CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly swom 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. July 1, 2002 TERESA L. KAHLER, Plaintiff 4 TERESA L. KAHLER~ : IN THE COURT OF COMMON PLEAS OF Plaintiff V. EDWARD L. KAHLER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3173 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 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. TERESA L. KAHLER TERESA L. KAHLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. EDWARD L. KAHLER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - 3173 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about Ju;y 2, 2002 and served upon defendant on August 26, 2002 by personal service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. TERESA L. KAHLER TERESA L. KAHLER, Plaintiff V. EDWARD L. KAHLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3173 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 C OF THE DIVORCE CODE I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. TERESA L. KAHLER TERESA L. KAHLER, Plaintiff Vo EDWARD L. KAHLER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : :NO. 02-3173 CIVIL TERM :IN DIVORCE PARENTAL AGREEMENT AND STIPULATION FOR CUSTODY AND PARENTING NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire and the Defendant, by his attorney Ruby D. Weeks, Esquire who agree and stipulate, representing as follows: (A) The plaintiff, Theresa L. Kahler, is an adult individual residing at 636 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. The defendant, Edward L. Kahler, is an adult ind!ividual residing at 2241 Brownstone Lane, unit 5, Spring Grove, York County, Pennsylvania 17632. The parties are the natural parents of a minor child, namely Natalie R. Kahler (born September 8, 1998, age 4 years). The parties shall have joint and shared legal custody of the child. The mother shall have primary physical custody of the child. The father shall have the following periods of partial Chstody; The father shall have partial custody of the child every other weekend from Friday evening until Sunday evening and one evening per week during the week he does not have the child on the weekend. Said day and time to be mutually agreed to by the parties dependant on the father's work schedule. FOr 2003 and odd-numbered'years thereafter, on Christmas Eve beginning at 9:00 (B)2. (C). (D) (E) (F) (G) p.m. through noon Christmas Day. Once the child begins school, then the father shall have partial custody for the first half of the Christmas school break from dismissal time the first day of the break. The mother shall have custody the second half of the school break. For 2004 and even-numbered years thereafter, tire mother shall have the first half of the Christmas school break and the father the second half of the school break until 8:00 p.m. on the day before school resumes. The parties agree likewise to divide each Easter period from the Thursday evening before Easter until Sunday evening of Easter Sunday into two equal parts with the father having the first half in 2003 and odd-numbered years thereafter, and the second half in 2004 and even-numbered years thereafter. The mother shall have the other portions in the years indicated. The parties agree, likewise, to divide each Thanksgiving period from the Wednesday evening before Thanksgiving until tl~Le Sunday after Thanksgiving into two equal parts with the father having the first half in 2003 and odd- numbered years thereafter, and the second half in 2004 and even-numbered years thereafter. The mother shall have the other portions in the years indicated. These holiday periods shall supercede the alternating weekend periods of partial custody. The father shall have partial custody of the child fbr a minimum of three (3) hours on the father's birthday and on the child's birthday to celebrate these events, the specific times to be agreed to by the parties. The father shall have partial custody of the child fi)r two (2) weeks during each of 2 (H) 10. 11. 12. the following months; June, July, August for a total of six (6) weeks in the summer, and shall provide the mother notice of the dates and times in writing no later than May 30th each year. Those periods need not be taken consecutively, that is, the father may elect to take one week at a time. These periods too shall supercede the alternating weekend schedule. The father may have partial custody of the child during such additional periods as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure theat the health, welfare and well being of the child is protected. The parties agree that each parent when having custody of the child, and when in need of childcare; shall first offer to the other parent the right of first refusal to provide childcare for the child. The parties agree that in the event neither parent is able to provide such care, they will first offer it the maternal grandmother or the child's usual daycare provider. The parties shall continue to meet in Dillsburg to exchange custody. The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. The parties shall do nothing that may estrange the child from the other party or 3 13.a. 13.b 14. 15. 16. 17. hinder the natural development of the child's lc,ve or affection for the other party. Father shall pay support to Mother on behalf of the child in the amount of $50.00 per week, effective immediately. Said payments shall be made by Father directly to the Mother including during the father's exercise of partial custody in the summer and shall not be subject to wage attacbanent. However, should Father become more than thirty (30) days late in makintg such support payments, then Mother shall be entitled to file this agreement with the Cumberland County Domestic Relations Office and make this agreement subject to a wage attachment. The mother shall provide health insurance coverage for the child. In the event of breach of the agreement of the parties by any party, the non- breaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judl,nnent entered by the court. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing ~md only if executed with the same formality of the agreement of the parties. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfi~ir dealing on the part of the other. Husband and Wife acknowledge that it is in the best interests of the child to have reasonable and liberal contact with both parents so as to maintain a normal 4 18. parent-child relationship with both parents. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County without the necessity for a hearing or other proceeding thereon, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the parties respectfully request that the court enter an order providing for the legal and physical custody of the child as aforesaid. Teresa L. Kahler, Plaintiff-mother Edward L. Kahler, Defendant-father Harold S. ~ 5 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF TERESA L. KAHLER, Plaintiff EDWARD L. KAHLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 3173 CIVIL TERM : IN DIVORCE ORDER OF COURT NOW, this/"/'J~ day of April, 2003, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t7) 243-6090 ATTORNEY FOR PLAINTIFF TERESA L. KAHLER, Plaintiff EDWARD L. KAHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 3173 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: decree: Transmit the record, together with the following information, to the court for entry of a divorce 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about August 26, 2002, defendant was personally served with a copy of the divorce complaint (see Acceptance of Service, filed August 27, 2002). Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: February 22, 2003. By the defendant: March 10, 2003. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None  ,2003 ! Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notrice in Section 3301(c) divorce was filed with the Prothonotary: February 24, 2003. Date defendant's Waiver of Notice in Section 3301© Divorce was filed with the Prothonotary: Mameh.~-, 2_2303. HAROLD S. IRWIN, II1~, I Attorney for Plaintiff ~ IN THE COURT OF OF CUMBERLAND STATE OF ~ COMMON COUNTY PENNA. PLEAS .......................................... Plaintiff ..................... Versus ...... E_D_.W.._AR. _D.. _L._:__. K_AH__.LE. R, ...................................... .................................... Defendant DECREE IN DIVORCE AND NOW,..~.~.. !..~. ............. ~..~. it is ordered and decreed that T~.R~.$A ~.. ~L~.R plaintiff, and ~.DW~D L. KAm, E~ 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; · NONE. Prothonotary HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA t 70t 3 (7t7) 243-6090 ATTORNEY FOR PLAINTIFF TERESA L. KAHLER, Plaintiff EDWARD L. KAHLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02 - 3t73 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about August 26, 2002, defendant was personally served with a copY of the divorce complaint (see Acceptance of Service, filed August 27, 2002). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: ,. (b)(1) Code: (b)(2) By the plaintiff: February 22, 2003. By the defendant: March 10, 2003. Date of execution of the affidavit required by Section 3301(d) of the Divorce N/A. Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. Related claims pending: None Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notrice in Section 3301(c) divorce was filed with the Prothonotary: February 24, 2003. Date defendant's Waiver of Notice in Section 3301© Divorce was filed with the Prothonotary: Mm~"~'~-, ?.,003. HAROLD S. IRWIN, II1~ } THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. TERESA L. KAHLER, ............................... .......................................... Plaintiff ..................... Versus EDWARD L. KAHLERt ............................... ...................................... Defendant ................... DECREE IN DIVORCE AND NOW, ~~' I~, ~ it is ordered and TERESA Lo I~HLER plaintiff, decreed that .................................................. EDWARD L. KA~LER .............. defendant, and ............................................ 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; · :NONB ................................................. Prothonotary TERESA L. KAHLER~ Plaintiff V, EDWARD L. KAHLER~ Defendant PETITII NOW comes Esquire, and presen follows: Hanover Street, Carl : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION., LAW : : NO. 0~- 3t73 CIVIL TERM .' IN CUSTODY N FOR MODIFICATION OF CUSTODY he plaintiff, Teresa L. Kahler, by her attorney, Harold S. Irwin, III, the following petition for modification of custody, representing as The plaintiff is Teresa L. Kahler, an adult individual residing at 636 North isle, Cumberland County, Pennsylvania 17013. 2. The d~ Coventry at Waterfo 3. The pa (born September 8, 4. Defend capacity, in other liti court. Defendant h; pending in a court of and number. 5. Defend has physical custody respect to the childre :endant is Edward L. Kahler, an adult individual residing at 146 d, York, York County, Pennsylvania 17402. 'ties are the parents of a minor daughter, namely Natalie R. Kahler 998, age 5 years). ant has not participated as a party or witness, or in another ation concerning the custody of the children in this or another no information of a custody proceeding concerning the children his Commonwealth, other than the existing Order filed to this term ant does not know of a person not a [)arty to the proceedings who of the children or claims to have custody or visitation rights with 3. 6. The child resided with both parties from the time of her birth until the parties' separation iq January, 2002. Since that time, the plaintiff has had primary physical custody of the child, subject to various pedods of' temporary physical custody with the defendant. 7. On or; legal and physical c, Court dated April 4, reference and attact 8. The cir entry of said Order h Order of Court. 9. The pl~ Pennsylvania and th 10. The pl~ to Pittsburgh is in he stable and family atn capacity in which sh{ immediate area. 11. The cu~ temporary physical c every other week, va defendant's birthday 12. The cu~ custody of the child necessary before obi ~bout March 10, 2003, the parties entered into an agreement for the ~stody of the child, which agreement was confirmed by Order of .)003. A copy of the Agreement and Order is incorporated herein by ed hereto as Exhibit "A". ;umstances of the parties since the time of their agreement and the ave changed requiring the modification of that agreement and [intiff is about to become married to a resident of Pittsburgh, .~reafter will move to Pittsburgh to reside with her husband. intiff believes and therefore avers that the marriage and relocation · best interests. Upon doing so she will be able to provide a more ~osphere for the parties' child and will be able to be employed in a ~ expects to earn as much or more income as she can in the rent agreement for custody provides for the defendant to enjoy Jstody of the child on alternating weekends, a midweek ovemight *ious holiday times, two weeks each month of the Summer, on the and the child's birthday and such other times as mutually agreed. rent agreement also provides, inter alia, that each parent having hall offer the other parent the chance to provide childcare when aining another childcare provider. 13. The plaintiff is willing to assist with transporl:ation between Pittsburgh and York, Pennsylvania. 14. Howe~ midweek visits now non-custodial paren week birthday visits activities. 15. Never1 and permanent well, providing that the re Pittsburgh, especiall defendant will contir substantial physical WHEREFORI providing for the mo, October 24, 2003 er, the relocation to Pittsburgh will require the elimination of the )ermitted by the agreement and will riot reasonably allow for the to provide childcare on a normal basis. It may also prevent mid- and hinder the defendant's ability to participate in the child's school 3eless, plaintiff believes and therefore avers that the best interests ire of the child requires a modification of the current Order, uired changes be made to accommodate her relocation to ' considering that she is willing to assist with transportation so that ~e to have regular contact with the child and that defendant has ;ustody opportunities dudng the Summer. -', defendant respectfully requests that the court enter an order lification of the parties' custody arrangements as aforesaid. 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ll.D. No. 29920 HAROLD S. IRWIN, III, ESQ ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF TERESA L. KAHLER, Pla EDWARD L. KAHLER, Del NOW, this Z~ attached Stipulation an( ordered and decreed th, FIRE intiff endant : IN THE COURT O1-' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : · ' CIVIL ACTION - L,I~W : : NO. 02 - 3173 CIVIL TERM : IN DIVORCE ORDER OF COURT __ day of April, 2003, upon presentation and consideration of the Agreement and upon agreement of [he parties, it is hereby ~t the attached agreement is made an Order of Court. TRUF COPY FROM RECORD In Testkn(my whereof. I here unto aet my ~ a~ the ~ of saki Co~t at Carli~t Pa. Pmt~nr.,lar¢ TERESA L. KAHLER. Plaintiff EDWARD L. KAHLER, Defendant PARENTAL AGRE NOW comes t Defendant, by his atto~ follows: 1. The pla Hanove 2. The del Browns 3. The par (born S, 4. The par 5. The mo 6. The fatl (A) The fatl Friday he does agreed For 20 (B)I. :IN THE COURT OF COMMON PLEAS OF! :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO. 02-3173 CIVIL TERM :IN DIVORCE EMENT AND STIPULATION FOR CUSTODY AND PARENTING plaintiff, by her attorney, Harold S. Irwin, III, Esquire and the ey Ruby D. Weeks, Esquire who agree., and stipulate, representing as ntiff, Theresa L. Kahler, is an adult ind:[vidual residing at 636 North Street, Carlisle, Cumberland County, Pennsylvania I7013. ndant, Edward L. Kahler, is an adult individual residing at 224 l :one Lane, unit 5, Spring Grove, York County, Pennsylvania 17632. :ies are the natural parents of a minor cl:tild, namely Natalie R. Kahler ~tember 8, 1998, age 4 years). ~s shall have joint and shared legal custody of the child. :her shall have primary physical custody of the child. er shall have the following periods of partial chstody; er shall have partial custody of the child every other weekend from vening until Sunday evening and one evening per week during/~he week not have the child on the weekend. Said day and time to be"mutually ~ by the parties dependant on the father's work schedule, i and odd-numbered'years thereafter, on Christmas Eve b(ginning;at 9:00 1 (B)2. (C). (D) (E) (F) p.m. through noon Christmas Day. Once the child begins school, then the father shall ha~e partial custody for the first half of the Christmas school break from dismissal time the first day of the break. The mother shall have custody the second half of the school break. For 200~4 and even-numbered years thereafter, the mother shall have the first half o f the until 8 The par evenir with and the have th, The par Wedne., into tw{ number thereaft These h custody The fatl on the specifi~ The fatl hristmas school break and the father the second half of the school break 10 p.m. on the day before school resumes. ties agree likewise to divide each Easter period from the Thursday before Easter until Sunday evening of Easter Sunday into two equal parts father having the first half in 2003 and odd-numbered years thereafter, second half in 2004 and even-numbered years thereafter. The mother shall ~ other portions in the years indicated. :les agree, likewise, to divide each Thanksgiving period from the day evening before Thanksgiving until 'Ihe Sunday after Thanksgiving equal parts with the father having the first half in 2003 and odd- ~d years thereafter, and the second half iin 2004 and even-numbered years Jr. The mother shall have the other portions in the years indicated. ~liday periods shall supercede the alterrtating weekend periods of partial ,~r shall have partial custody of the chikt for a minimum of three (3) hours ither's birthday and on the child's birthday to celebrate these events, the times to be agreed to by the parties. er shall have partial custody of the child for two (2) weeks during each of 2 (H) 7. 8. 9. I0. 11. 12. the tbllowing months: June, July, August for a total of six (6) weeks in the summet, and shall provide the mother notice of the dates and times in writing no later th~n May 30~h each year. Those periods need not be taken consecutively, that is, lhe father may elect to take one week at a time. These periods too shall superce The fatl the part Court The p~ is in the The pat concert health, The pa~ need of provide is able I the chil The pat The par emerge times sc The par :le the alternating weekend schedule. ter may have partial custody of the child during such additional periods as es shall from time to time agree, without the need to modify the Order of ~tered as a result of this Stipulation. ries shall have reasonable telephone contact with the child while the child other's custody. Iies shall keep each other advised immediately relative to any emergencies ing the child and shall further take any necessary steps to insure theat the welfare and well being of the child is protected. ties agree that each parent when having custody of the child, and when in childcare; shall first offer to the other parent the right of first refusal to childcare for the child. The parties agree that in the event neither parent o provide such care, they will first offer it the maternal grandmother or l's usual daycare provider. ties shall continue to meet in Dillsburg to exchange custody. Iies shall notify each other in a timely fashion if it is necessary due to an icy or unforeseen circumstance for him or her to be delayed at any of the t out herein. :les shall do nothing that may estrange the child from the other party or 3 13.a. 13.b 14. 15. 16. 17. hinder the natural development of the child's love or affection for the other party. Father s~all pay support to Mother on behalf of the child in the amount of S50.00 / per wee~<, effective immediately. Said payments shall be made by Father directly ! to the N summel become Mother Domest The mo In the e breachi~ seek sp~ expense litigatio agreem{ Any mc parties same: The par conceal'~ other. Husban, reasonal iother including during the father's exercise of partial custody in the and shall not be subject to wage attachment. However, should Father more than thirty (30) days late in making such support payments, then shall be entitled to file this agreement with the Cumberland County Relations Office and make this agreement subject to a wage attachment. .er shall provide health insurance coverage for the child.. rent of breach of the agreement of the parties by any party, the non- tg party shall have the right to file a petition for contempt of court and to cific performance of the terms of the agreement of the parties. All costs, and reasonable attorney fees incurred by the successful party in any to obtain an order of contempt or specific performance of this nt shall be recoverable as part of the judgment entered by the court. clification or waiver of any of the provisions of the agreement of the hall be effective only if made in writing: and only if executed with the 'mality of the agreement of the parties. ies agree that in making this agreement there has been no fraud, nent, overreaching, coercion or other unfair dealing on the part of the [ and Wife acknowledge that it is in the best interests of the child to have fie and liberal contact with both parents so as to maintain a normal 4 parent-child relationship with both parents. t 8. The part~ Court of hearing Commo retain su or requit WHEREFORE the legal and physical es desire that this agreement be made an order of'Court through the ommon Pleas of Cumberland County without the necessity for a other proceeding thereon, and further acknowledge that the Court of · Pleas of Cumberland County has jurisdiction over these issues and shall :h jurisdiction should circumstances change and any party desire further ~ further modification of said Order. the parties respectfully request that the court enter an order providing for ustody of the child as aforesaid. Date: Teresa L. Kahler, Plai~ Edward L. Kahler, De iff-mother 'endant-father Harold S. ~ Ruby D. Weeks, Esquire 5 TERESA L. KAHLER Plain EDWARD L. KAHLER Defen. TO THE HONORABLE 1. The Defend the natura] Grove, York 2. The Plainti the natura] Cumberland 3. Plaintiff a. Name Natal b. The c. The resi Penns d. The foll¢ Perso Edward & Teres Teresa Kahler ;iff/Respondent : [ant/Petitioner : IN THE COURT OF CO~ON pLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW DIVORCE #02-3173 CIVIL TEP. M OMPLAINT FOR JOINT AND SHARED LEOAL CUSTODY AND pRIMARY PHYSICAL CUSTODY IN FATHER THE oumGES OF SAID COURT: ~t/Petitioner is, Edward L. Kahler, hereafter referred to as father, residing at 2241 Brownstone Lane, Unit 5, Spring County, Pennsylvania, 17632. ~f/Respondent is Theresa L. Kahler, hereafter referred to as mother, residing at 636 Nortk Hanover Street, Carlisle, ~ounty, Pennsylvania, 17013. ~eeks shared legal custody of the following children: Present Residence Aqe [e R. Kahler 636 N. Hanover St. 4 years Carlisle, PA 17013 ~ild was born on September 8, 1998. hild is presently in the custody of the natural mother, who N. Hanover Street, Carlisle, Cumberland County, ~s at 636 'lvania. hild has resided with the following ~ing addresses for the past 16 months: 5s Address Dates Kahler persons and at the 636 N. Hanover St. Carlisle, PA 17013 636 N. Hanover St. birth till November 30, 2002 November 30, 2002 - present 4. 5. 6. 7. 8. 10. Petitioner capacity, il or another Petitioner pending in Parental 10, 2003 an~ Since the dated Marcl occasions men that she She has met on the there are n, Petitioner has physical rights with Each parent the person to this act a right to notice of Pursuant requests th mother and The father The best ii spiritual,, relief requ~ nas not participated as a party or witness, or in another other litigation concerning the custody of the child in this ourt. .as no information of a custody proceeding concerning the child a Court of this Commonwealth. The parties entered into a ~eement and Stipulation for Custody and Parenting dated March is attached as Exhibit ~rental Agreement and Stipulation for Custody and Parenting 10, 2003 was entered into, the Mother has on three separate ~formed the father that she intended to marry three different had met on the internet, afer knowing them only a brief time. n recently informed the Father she intends to marry a man she .nternet two weeks ago and move to the Pittsburgh area, where relatives, acquaintances or support system for the child. oes not know of a person not a party to the proceedings who custody of the child or claims to have custody or visitation respect to the child. whose parental rights to the child has not been terminated and ho has physical custody of the ch~Lld has been named as parties on. There are no other persons who are known to have or claim custody or visitation of the child, so none will be given ~e pendency of this action and the right to intervene. the Custody and Grandparents Visitation Act, the father .s Court to grant an award of shared legal custody to both the ~he father equally. ~equests physical custody of the child be with the father. ~erests and permanent welfare of the child and her physical, ~motional and moral well-being will be served by granting the ~sted of shared legal custody of ~ihe child with both parents, and primary liberal vis 11. Petitioner minor child father equs custody awa interests responsibil WHEREFORE, custody of the mi mother and father custody awarded t, of the child and mother. Date: physical custody with the fat]her, and the mother having .ration with the child. !ather prays for an Order awarding shared legal custody of the Natalie R. Kahler, born September 8, 1998 to the mother and lly and physical custody with the father and with partial cded to the mother as this Court determines is in the best of the child and assessing transportation costs and .ty against the mother. Petitioner father prays for an Order awarding shared legal nor child, Natalie R. Kahler, born September 8, 1998 to the equally and physical custody with the father and with partial the mother as this Court determines is in the best interests ssessing transportation costs an~ responsibility against the Respectfully submitted, Ruby D. ~Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PI COUNTY OF CUMBERI~ Personally and County afore deposes and says correct. Sworn to and sub of LUC.~33~O;[~ :NNSYLVANIA : : ppeared before me, A Notary Public in and for the Commonwealth aid, the under-signed, being duly sworn according to law, hat the facts set forth in the foregoing Complaint are true and ~ed to TERESA L. IC tHLER, aintiff V. EDWARD L. PARENTAL AGI~ NOW comes Defendant, by his att~ follows: 1. The p] Hano~ 2. The d, Brow~ 3. The p (bom 4. The 5. The 6. The (A) The Frida' he do agree (B)I. For2 hilLER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO. 02-3173 CIVIL TERM :IN DIVORCE gEMENT AND STIPULATION FOR CUSTODY AND PARENTING he plaintiff, by her attomey, Harold S. Irwin, III, Esquire and the ~rney Ruby D. Weeks, Esquire who agree and stipulate, representing as aintiff, Theresa L. Kahler, is an adult individual residing at 636 North er Street, Carlisle, Cumberland County, Pennsylvania 17013. ffendant, Edward L. Kahler, is an adult individual residing at 2241 tstone Lane, unit 5, Spring Grove, York County, Pennsylvania 17632. ,rties are the natural parents of a minor child, namely Natalie R. Kahler September 8, 1998, age 4 years). ~rties shall have joint and shared legal custody of the child. ,ther shall have primary physical custody of the child. her shall have the following periods of partial custody; [ther shall have partial custody of the child every other weekend from , evening until Sunday evening and one evening per week during the week :s not have the child on the weekend. Said day and time to be mutually to by the parties dependant on the fathe, r's work schedule. 03 and odd-numbered years thereafter, on Christmas Eve beginning at 9:0{~ (B)2. (C). (D) (E) (F) p.m. th shall h; dismis,, secon For 21 of the until 8 The pa eveninl with th and the have th The pa~ Wedne: into tw, numbei thereaf These 1 custody The fatl on the f specific The fat rough noon Christmas Day. Once the child begins school, then the father tve partial custody for the first half of the Christmas school break from al time the first day of the break. The mother shall have custody the half of the school break. ~4 and even-numbered years thereafter, the mother shall have the first half ;hristmas school break and the father the second half of the sc!:ool break )0 p.m. on the day before school resumes. ties agree likewise to divide each Easter period from the Thursday before Easter until Sunday evening of Easter Sunday into two equal parts father having the first half in 2003 and odd-numbered years thereafter, second half in 2004 and even-numbered years thereafter. The mother shall other portions in the years indicated. les agree, likewise, to divide each Thanksgiving period f~gm the .day evening before Thanksgiving until tlhe Sunday after Thanksgiving ~ equal parts with the father having the first half in 2003 and odd- ~d years thereafter, and the second half in 2004 and even-numbered years :r. The mother shall have the other portions in the years indicated. oliday periods shall supercede the alternating weekend periods of partial ~r shall have partial custody of the child for a minimum of three (3) hours tther's birthday and on the child's birthday to celebrate these events, the times to be agreed to by the parties. er shall have partial custody of the child for two (2) weeks during each of 2 7. 8. 9. 10. 11. 12. the fo] snmm later that superc The fa the pa~ Court The p, is in tl~ The p, concer health The p; need provk is able the chi The pa The pa emerg~ times s The pa lowing months; June, July, August for a total of six (6) weeks in the :r, and shall provide the mother notice of the dates and times in writing no an May 30th each year. Those periods need not be taken consecutively, the father may elect to take one week at a time. These periods too shall :de the alternating weekend schedule. .her may have partial custody of the child during such additional periods as ties shall from time to time agree, without the need to modify the Order of ;ntered as a result of this Stipulation. rties shall have reasonable telephone contact with the child while the child e other's custody. rties shall keep each other advised immediately relative to any emergencies aing the child and shall further take any necessary steps to insure theat the welfare and well being of the child is protected. rties agree that each parent when having custody of the child, and when in ! childcare; shall first offer to the other parent the right of first refusal to : childcare for the child. The parties agree that in the event neither parent to provide such care, they will first offer it the matemal grandmother or d's usual daycare provider. -ties shall continue to meet in Dillsburg to exchange custody. -ties shall notify each other in a timely fashion if it is necessary due to an ncy or unforeseen circumstance for him or her to be delayed at any of the ~'t out herein. ~ies shall do nothing that may estrange the child from the other party or 3 13.a. 13.b 14. 15. 16. 17. hinder Father per we~ to the I~ summl becom Mothe~ Domes' The m~ In the ~ breach seek sl~ expens~ litigatie agreem~ Any mc parties ~ same fo The par conceal: other. Husbam reasonal :he natural development of the child's love or affection for the other party. ;hall pay support to Mother on behalf of the child in the amount of $50.00 ~k, effective immediately. Said payments shall be made by Father directly {other including during the father's exercise of partial custody in the : and shall not be subject to wage attachment. However, should Father more than thirty (30) days late in making such support payments, then shall be entitled to file this agreement with the Cumberland County ic Relations Office and make this agreement subject to a wage attachment. ther shall provide health insurance coverage for the child. ?ent of breach of the agreement of the parties by any party, the non- ~g party shall have the right to file a petition for contempt of court and to :cific performance of the terms of the agreement of the parties. All costs, s and reasonable attorney fees incurred by the successful party in any a to obtain an order of contempt or specific performance of this :nt shall be recoverable as part of the judgment entered by the court. dification or waiver of any of the provisions of the agreement of the hall be effective only if made in writing and only if executed with the :mality of the agreement of the parties. {es agree that in making this agreement there has been no fraud, nent, overreaching, coercion or other unfair dealing on the part of the [ and Wife acknowledge that it is in the best interests of the child to have ,le and liberal contact with both parents so as to maintain a normal 4 parent 18. The p: Court hearin Comn retain or re( WHEREFO! the legal and physica Date: Teresa L. Kahler, P1, Edward L. Kahler, D :hild relationship with both parents. ties desire that this agreement be made an order of Court through the of Common Pleas of Cumberland Count2./without the necessity for a or other proceeding thereon, and further acknowledge that the Court of ~n Pleas of Cumberland County has jurisdiction over these issues and shall such jurisdiction should circumstances change and any party desire further fire further modification of said Order. E, the parties respectfully request that the court enter an order providing for custody of the child as aforesaid. intiff-mother ~fendfint-t:ather Ruby D. '~ire TERESA L. KAHLER PLAINTIFF V. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3173 CIVIL ACTION LAW EDWARD L. KAHLER DEFENDANT AND NOW, _ it is hereby directed that parties at 4th Floor, Cumberland { for a Pre-Hearing Custody Con if this cannot be accomplished, order. All children age five or provide grounds for entry of a 1 : IN CUSTODY ORDER OF COURT ThUrsday, October 30, 2003 , upon consideration of the attached Complaint, md their respective counsel appear before Hubert X. Gilroy, Esq. , the concil! runty Courthouse, Carlisle on Thursday, November 13, 2003 at 8:30 :rence. At such conference, an effort will be made to resolve the issues in dispute; to define and narrow the issues to be heard by the court, and to enter into a tempore )lder may also be present at the conference. Failure to appear at the conference ma emporary or permanent order. The court hereby dire :ts the parties to furnish any and all existiug Protection from Abuse orders, Special Relief orders, and Cultody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, ator, M or By: /s/ Hub, ert X. Gilro$, Esq. V Custody Conciliator / The Court of C~mmon Pleas of Cumberland County is requi~e~d by law to comply with the Americans with Disabilites Act of 19~0. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangement must be made at least 72 t~ours prior to any hearing or business before the court. You must attend the schedu ed conference or hearing. 1 YOU SHOULI3 TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY ~)R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT}][ BELOW TO Fll~D OUT WHERE YOU CAN GET LEGAL ItELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 24%3166 TERESA L. KAHLER PLAINTTFF V. EDWARD L. KAHLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3173 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, Wednesday, November 05, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 13, 2003 at 8:30 AM 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, Speclal Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq Custody Conciliator 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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, Permsylvania 17013 Telephone (717) 249-3166 TERESA L. KAHLER, Plaintiff V EDWARD L. KAHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3173 CIVIL IN CUSTODY C~OURT ORDER AND NOW, this ~_~ ~' day of November, 2003, the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, ~Hubert X~G~...oy~ Esquire t~ustody~6cillator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA L. KAHLER, PLAINTIFF VS. EDWARD L. KAHLER, DEFENDANT NO. 02-3173 : CIVIL ACTION - LAW : : ACTION IN CUSTODY PETITION TO MODIFY PARTIAL CUSTODY ORDER COMES NOW the Defendant, Edward L. Kahler, through his undersigned attorney, Thomas R. Nell, and alleges the following: The petition of Edward L. Kahler respectfully represents that on March, 2003, an Order of Court was entered for custody, a tree and correct copy of which is attached. This Order should be modified because: The best interest of Natalie R. Kahler would be served by allowing her to spend more time under the stable environment and guidance of her father. The mother has been in unstable relationships with four different men during the past year, and has not attended to the needs of the child Natalie R. Kahler. WHEREFORE, Petitioner requests that the Court modify the existing Order for Custody because it will be in the best interest of the child. Thomas R. Nell Attorney for Petitioner 340 Nell Rd. East Berlin, PA 17316 (717)-259-1111 I.D. #72868 VERIFICATION I verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Petitioner- Edward L. Kahler HAROLD 8. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH 8TREET CARLISLE PA t 7013 (7t 7) 243-6O9O ATTORNEY FOR PLAINTIFF TERESA L. KAHLER~ Plaintiff EDWARD L. KAHLER~ Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION. LAW : : NO. 02 - 3t73 CIVIL TERM : IN DIVORCE ORDER OF COURT NOW, this Z'~~'[~ day of April, 2003, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. TERESA L. KAHLER, Plaintiff EDWARD L. KAHLER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO. 02-3173 CIVIL TERM :IN DIVORCE PARENTAL AGREEMENT AND STIPULATION FOR CUSTODY AND PARENTING NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire and t]he Defendant, by his attorney Ruby D. Weeks, Esquire who agree and stipulate, representing as follows: 1. The plaintiff, Theresa L. Kahler, is an adult individual residing at 636 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Edward L. Kahler, is an adult individual residing at 22;41 Brownstone Lane, unit 5, Spring Grove, York County, Pennsylvania 17632. 3. The parties are the natural parents of a minor child, namely Natalie R. Kahler (bom September 8, 1998, age 4 years). 4. The parties shall have joint and shared legal custody of the child. 5. The mother shall have primary physical custody or'he child. 6. The father shall have the following periods of partial c~stody; (A) The father shall have partial custody of the child every other weekend from Friday evening until Sunday evening and one evening per week during the week he does not have the child on the weekend. Said day and time to be mutually agreed to by the parties dependant on the father's work schedule. odd-numbere~years thereafter, on Christmas Eve beginning at 9:00 (B)I. FOr 2003 and p.m. through noon Christmas Day. Once the child begins school, then the father shall have partial custody for the first half of the Christmas school break from dismissal time the first day of the break. The mother shall have custody the second half of the school break. (B)2. For 2004 and even-numbered years thereafter, the mother shall have the first half of the Christmas school break and the father the second half of the school break until 8:00 p.m. on the day before school resumes. (C). The parties agree likewise to divide each Easter period from the Thursday evening before Easter until Sunday evening of Easter Sunday into two equal parts with the father having the first half in 2003 and odd-numbered years thereafter, and the second half in 2004 and even-numbered years thereafter. The mother shall have the other portions in the years indicated. (D) The parties agree, likewise, to divide each Thanksgiving period from the Wednesday evening before Thanksgiving until the Sunday after Thanksgiving into two equal parts with the father having the first half in 2003 and odd- numbered years thereafter, and the second half in 2004 and even-numbered years thereafter. The mother shall have the other portions in the years indicated. (E) These holiday periods shall supercede the alternating weekend periods of partial custody. (F) The father shall have partial custody of the child for a minimum of three (3) hours on the father's birthday and on the child's birthday to celebrate these events, the specific times to be agreed to by the parties. (G) The father shall have partial custody of the child for two (2) weeks during each of 2 (H) 10. 11. 12. the following months; June, July, August for a total of six (6) weeks in the summer, and shall provide the mother notice of the dates and times in writing no later than May 30th each year. Those periods need not be taken consecutively, that is, the father may elect to take one week at a time. These periods too shall supercede the alternating weekend schedule. The father may have partial custody of the child during such additional periods as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to inspire treat the health, welfare and well being of the child is protected. The parties agree that each parent when having custody of the child, and when in need of childcare; shall first offer to the other parent the right of first refusal to provide childcare for the child. The parties agree that in the event neither parent is able to provide such care, they will first offer it the maternal grandmother or the child's usual daycare provider. The parties shall continue to meet in Dillsburg to exchange custody. The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. The parties shall do nothing that may estrange the child from the other party or 3 hinder the natural development of the child's love or affection for the other party. 13.a. Father shall pay support to Mother on behalf of the child in the amount of $50.00 per week, effective immediately. Said payments shall be made by Father directly to the Mother including during the father's exercise of partial custody in the summer and shall not be subject to wage attachment. However, should Father become more than thirty (30) days late in making such support payments, then Mother shall be entitled to file this agreement with the Cumberland County Domestic Relations Office and make this agreement subject to a wage attachment. 13.b The mother shall provide health insurance coverage for the child. 14. In the event of breach of the agreement of the parties by any party, the non- breaching party shall have the fight to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 15. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 16. The parties agree that in making this agreement there has been no fra'ad, concealment, overreaching, coercion or other unfair dealing on the part of the other. 17. Husband and Wife acknowledge that it is in the best interests of the child to have reasonable and liberal contact with both parents so as to maintain a normal 4 18. parent-child relationship with both parents. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County without the necessity for a hearing or other proceeding thereon, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the parties respectfully request that the court enter an order providing for the legal and physical custody of the child as aforesaid. Date: Teresa L. Kahler, Plaintiff-mother Edward L. Kahler, Defendant-father 5 TERESA L. KAHLER PLAINTIFF V. EDWARD L. KAHLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3173 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, April 01, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cotmsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 23, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot 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 hearing. FOR THE COURT. By: /s! Hubert X. Gilroy, Esq. mhc Custody Conciliator 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A~iq'ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~DIE OFFICE SET FOR'IIi 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 TERESA L. KAHLER, : Plaintiff : VS. : EDWARD L. KAHLER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLJIND COUNTY, PENNSYLVANIA CIVIL ACTION - I2IW 02-3173 CIVIL TERM PRAECIPE Please withdraw my appearance as counsel for the Defendant in the above captioned custody action. The Defendant is ]low being represented by Thomas Nell, Esquire. Dated: Ruby D. Weeks, Esquire 10 West High Street Carlisle, Pennsylvania 17013 TERESA L. KAHLER, Plaintiff V EDWARD L. KAHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3173 IN CUSTODY CO~TO~ER attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in courtroom 5 of the Cumberland County Courthouse onthe 7'~ day of~2004at~~.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel memorandums setting forth the hist,ory of custody in this case, the issues currently before the court, summary of each parties position on these issues, a list of witnesses who will be called for each party and a summary of anticipated testimony of each witness. This memorandum shall be f'ded at least 5 days prior to the mentioned hearing date. 2. Pending further order of this court, this courts prior order of April 4, 2003 shall remain in place. CCl Thomas R. Nell, Esquire Nora F. Blair, Esquire TERESA L. KAHLER, Plaintiff V EDWARD L. KAHLER, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3173 IN CUSTODY CONCII.IATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Natalie R. Kahler, born September 8, 1998. A Conciliation Conference was held on Ap]cH 23, 2004, with the following individuals in attendance: The father, Edward L. Kahler, with his coun.,~el Thomas R. Nell, Esquire, and the mother, Teresa L. Kahler, with her counsel, Nora F. Blair, Esquire. There is an existing order from April 2003 giving mother primary custody of the child. Mother decided to take an extended travel vacation and delivered custody of the minor child to father around Christmas of 2003. Father kept primary custody until mid March of 2004 at which time mother came back to the area and took the child again pursuant to the existing order. Father suggests that mother has an unstable situatiou at her home and father believes that the best interest for the child would be for father to have primary custody. Mother does not agree. A hearing lis required. The conciliator recommends an order in the i!orm as attached. CUSTODY AGREEMENT THIS AGREEMENT made and entered into this ~'~ctay of~/~',~C., 2004, between, Edward L. Kahler, residing at 146 Coventry .at Waterford, York, Pennsylvania 17402, hereinafter referred to as the "Father", and Teresa Kahler, residing at 636 North Hanover Street, Carlisle, Pennsylvania 17013 hereinafter referred to as the "Mother". ,9/73 In consideration of the mutual covenants and undertakings herein contained, and for other good and valuable consideration, Father and Mother agree as follows: WITNESSETH: WHEREAS, there has been one child bom of this relationship: Natalie L. Kahler bom on September 8, 1998. NOW, THEREFORE, in consideration of the promises and the mutual promises and undertakings herein contained, and for other good and valuable considerations, the parties agree: I. CUSTODY. Father and Mother shrill have joint legal custody of the child. Joint legal custody means the right of both parties to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parties shall be entitled to equal access to a child's school, medical, dental and other important records. As soon as practical after receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Each party shall noti~ the other of any medical, dental, optical, and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. Primary physical custody of the child Natalie R. Kahler, shall be shared by the Father and Mother in a week on, week offbasis. The Parties shall have physical custody of the c[dld on alternating weeks with the exchange day of Friday at 6:00 p.m. By mutual agreement of the Parties, and with proper notice, the Parties may ag~e to a different day and time for the exchange day. The Parties partial physical custody schedule with the child will be one day per week as the parties agree (fi.om 5:00 p.m. ~mtil 9:00 p.m.). In the event that the parties cannot agree to the day of the week for partial physical custody the default day shall be Wednesday. Each parent will give as much notice to the other as is possible in advance of any changes regarding the pick up of the child. The Parties will have the option of having two (2) weeks of vacation time with the children in the summer with thi~y (30) days notice to the other Party. In even numbered years, Father will have custody of the child fi.om 8:00 p.m. on December 24 until noon on December 25,, and Mother will have custody of the child fi.om noon on December 25 until noon on December 26. In odd numbered years, this schedule will be reversed. The holidays of New Years Day, Memorial Day, 4th of July, Labor Day, and Thanksgiving will be alternated between the parties in the following manner: On even numbered years, Father will have custody of the child on the 4th of July, and Thanksgiving, and Mother will have custody of the child on New Year's Day, Memorial Day, and Labor Day. In odd numbered years, this schedule will be reversed. Father will have the child on Father's Day. Mother will have the child on Mother's Day. The parties will share in the ~ansportation required to carry out the various custody schedules. Transportation shall be provided by the party that is picking up the child. At all times the child shall be secured in appropriate passenger restraints when being transported in a motor vehicle. No person transporting the child shall consume alcoholic beverages nor be under the influence of alcoholic beverages prior to or during transport of the children. In the event that any party is more than 20 minutes late for an exchange, in the absence of a telephone call or other communication from the parent picking up the child, the other party may assume that the parent who is late has chosen not to exercise that period ofcnstody, the period will be forfeited, and the other party will be flee to make other plans with the child. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education. Each party agrees to supply the name, address and phone number of any ]person in whose care the child will be for a period in excess of seventy-two hours, and for each person or entity which may provide day care. Emergency decisions regarding the child shall be made by the parent having custody. However, in the event of any emergency or serious illness of the children at any time, any party having custody of the child shall immediately commtmicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or 2 emergency, so the other parent can become involved in the decision making process as soon as practical. MISCELLANEOUS PROVISIONS The Parties agree that no child support is owed by either Party. The Parties agree that Mother shall have the right to declare the child as a tax deduction on odd numbered years, and the Father has t]he right to declare the child as a tax deduction on even numbered years. The Parties agree that should either Party decide to move more than fiRy (50) miles from York County, that ninety (90) days notice shall be given to the other party, and that primary physical custody of the child would go to the non moving party. ATFORNEY'S FEES - EACH PARTY RESPONSIBLE Each party shall be responsible for his or her own attorney's fees and costs of this action. VOLUNTARY EXECUTION. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each, and that each believes this Agreement to be reasonable under the circumstances. CONSTRUCTION - PENNSYLVANIA LAWS The laws of the State of Pennsylvania shall govern the validity, construction, interpretation, and effect of this Agreement. REPRESENTATIONS. (a). That each has made a full and complete disclosure to the other of his or her current financial situation, and (b). That each has had (or been advised to seek) independent legal advise from an attorney of his or her selection in the negotiation of this Agreement. Each party fully understands the financial situation of the other party and has been fully informed by counsel as to his legal rights and obligations. Each party is signing this Agreement freely and voluntarily, intending to be bound by it, and (c). That each understands and agrees that this Agreement constitutes the entire contract of the parties and that this Agreement supersedes any and all prior agreements between the parties. Neither party has made any representations, promises or warranties to the other except as set forth in this Agreement. The Parties stipulate that this agreemem is to be emered as an Order of the Court. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first above written. Mother Father STATE OF PENN~YI~VANIA COUNTY OF ~'d The ftoregoing instrument, Custody Agreement, was acknowledged before me this ay oti./~tg , 2004, tby~ - personally known to me, or produced/the following identification'~j~ tlrn'et~ //~ ~.:~ 7'~ ~9 , and who. /did did not take an oath that the matters set forth herein are true and correct to the best of their knowledge Noffu'y Publi~-sign~ttt~re v , ~- ! l. / Notary Public name typed, printed, or stamped STATE OF Pennsylvania COUNTY OF No~., s~ I bhtrcia L. Nell, Nota~ Public I I~adin~ T~. Adams Coanty My Commission Expires Sept. 12, 2006 The foregoing instrument, Custody Agreements, was aclmowledged before me this ~q/~dayof /Ptq~' ,2004, by ~-~e.3;a /c;~,6/e~d personally known to me, or produced the following identification /~.esv,,a/ g"~o,v/e art e_ , and who X did did not take an oath that the matters set forth herein are tree and correct to the best of/t~: knowledge.~nd belief. N~-~7~blic sil~(~e ~/-/ Notary Public name typed, printed, or stamped NOTARIAL SEAL Connie Lee Limric, Notary Public I Lower Paxton Twp., Dauphin County My c0mm ss on exp res November 4, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA L. KAHLER, PLAINTIFF VS. : NO.. CIVIL ACTION - LAW EDWARD L. KAHLER, DEFENDANT · ACTION IN CUSTODY ORDER OF COURT ~ NOW tUs of June, 2004,. upon consideration of the within Custody Agreement and upon agreement of the Parties, it is HEREBY ORDERED and DECREED that the attached agreement is made an Order of Court. Judge, Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs Defendant File No. 1 : IN DIVORCE NOTICE TO RESUME PRIOR SUILNAME Notice ~s hereby g~ven that the Plaintiff/defendant m th. above matter, [select one by marking ] __- prior to the entry of a Final Decree in Divorce, or I( after the.entry of a Final Decree in Divorce dated _/-/- lq -0.~ , hereby elects to resume the prior surname of ~ur~.<:p~ , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: ~,- o2/- ~q -~-~-c~- ,(- ,~f,~J~f.c~_ Signature Signature of name bemg resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF On the ~/JF-day of ~/o ~ ., 2005/, before me, the Prothonotary or the notary puN/c, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Wimess Whereof, I have hereunto set my hand hereunto set my hand and official seal. DY S SM TH, NOTARY pUBLI~ / Notary Public