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HomeMy WebLinkAbout02-3380KEITH A. KITZMIi.I.ER, Plaintiff DAWN N. KITZMILLER, Defendant : IN THE COURT OF COMMON pI.F. AS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3380 : : CIVIL TERM : IN DIVORCE NOTICE TO PLEAD To: Keith A. Kitzmiller, Plaintiff c/o Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: JOA'~ REAGER & ADLER, PC E/HX'A-I~R'I~(~N CL~DU, ;~ ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Defendant KEITH A. KITZMILI J~,R, Plaintiff DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3380 CIVIL TERM IN DIVORCE 2. 3. 4. 5. 10. 11. 12. 13. DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S DIVORCE COMPLAINT Admitted. Admitted. Admitted. Admitted. Admitted. Denied. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. COUNT I - DIVORCE COUNT II - CUSTODY 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Omitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. DEFENDANT'S COUNTERCLAIM I - ALIMONY PENDENTE LITE~ ATTORNEY'S FEES AND COSTS 1. By reason of this action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 2. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 3. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 4. Plaintiff has adequate earnings to provide for the Defendant's support and to pay her counsel fees, costs and expenses. REAGE t & ADLER, PC J IRE Attorney ID. No. 36461 I / "- 2331 Market Street ~ / Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Defendant VERIFICATION I, Dawn N. Kitzmiller, verify that the statements made in the foregoing document are tree and correct to the best of my knowledge, infmmation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Dawn N. Ki~ CERTIFICATE OF SERVICE I hereby certify that on this ~_~ay of~tme and correct copy of the Defendant's Answer and Counterclaim to Plaintiff's Divorce Complaint was served on the following individuals via United States First Class Mail, postage prepaid as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Joarme Harrison Clough, Esq ' KEITH A. KITZMILLER, PI2%INTIFF DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF CO~ON PLEAS C~ COUNTY, PENNSYLVANIA IN DIVORCE NOTICE TO DEFEND ~ CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 KEITH A. KITZMILLER, PLAINTIFF v. DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF COI~ON PLEAS CU~mERLAND COUNTY, PENNSYLVANIA NO. ~- ~ 3~D CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Keith A. Kitzmiller who resides at 3 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Dawn N. Kitzmiller who resides at 3 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 25, 1990 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. COUNT I - DIVORCm 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this honorable court enter a decree of divorce. COUNT II - CUSTODY 9. Paragraphs 1-8 are incorporated by reference as if set forth in their entirety. 10. Plaintiff and Defendant are the biological parents of Kelsey Noel Kitzmiller, born March 2, 1998. 11. The child was born of wedlock. 12. The child is presently in the custody of both parents at their home at 3 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania. 13. The child has always resided with both parents. 14. The mother of the child is the defendant who resides at 3 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania. 15. Defendant is married to plaintiff. 16. The father of the child is the plaintiff who resides at 3 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania. 17. Plaintiff is married to defendant. 18. The relationship of plaintiff to the child is that of natural father. 19. Plaintiff currently resides with the child and defendant. 20. The relationship of defendant to the child is that of natural mother. 21. Plaintiff currently resides with the child and defendant. 22. The plaintiff has not participated as a party or witness, or any another capacity, in other litigation concerning the custody of the child in this or another court. 23. Plaintiff has no information of a custody proceeding concerning the child pending in a court in this Commonwealth or in any other jurisdiction. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 25. The best interest and welfare of the child will be served by giving plaintiff joint legal and shared physical custody of the child. 26. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff, Keith A. Kitzmiller, respectfully requests that this honorable court grant him joint legal and shared physical custody of his child. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date:~~dd~ Keith A. Kitzmiller KEITH A. KITZMILLER : : PLAINTIFF : V. : 02-3380 : DAWN N. KITZMILLER DEFENDANT : IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, July 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that pm-tics and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, August 15, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve thc issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by thc 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/ Dawn S. Sunday. 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 thc 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3 ! 66 \~Ntserver\users~R&A Family Law\Client Directory~Kitzmiller, DawnWlarital Settlement A4greement g4.wpd April 14, 2003 MARITAL SETTLEMENT AGREE~T }f//_./ Kitzmiller (hereinafter "WIFE") and Keith Kitzmiller, (hereinafter "HUSBAND"); WI TNES SETH: WHEREAS, the parties hereto were married on August 25, 1990, in Cumberland County, Pennsylvania; and WHEREAS, the parties have one child of this marriage, namely Kelsey Noel Kitzrniller, bom on March 2, 1998; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants .and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joarme Harrison Clough, Esquire \kNtserver\users'tR&A Family Law\Client Dir¢ctor3AKitzmiller' Dawn'uMarital Settleanent A~reement #4.wpd April 14, 2003 of REAGER & ADLER, PC. HUSBAND is represented big Thomas E. Gould, Esquire of Shiremanstown PA. The parties further dedare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or ,collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by Husband with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 02-3380 on July 16, 2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of ]~tention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree whic_h may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall contLnue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Page 2 of 11 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may txave for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any daims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to partidpate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either pm-fy may have or dalm to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or cur~ently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the Page 3 of 11 \~,Ntserver\users'aX~ Family Law\Client DirectoryLKitzmiller, Dawn~VIarital Settlement Agreement #4 wpd April 14, 2003 ' matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as i/they were unmarried. Each may, for his or her separate u.se or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real propert~ located at 3 Patton Road, Mechanicsburg, PA 17055 which is currently under an agreement of sale and scheduled for sale and final settlement on April 16, 2003. HUSBAND and WIFE specifically agree that the net proceeds from the sale of sai.d:rPtorop~e0~rT~shc~oa,ll' b~ut~etd~t~.~firs~_~a~ff~i~~ f~u~l th,er~ar2~ loan with Mem ~t . . ,~ . . . . ~, o F'o rqa-~- bers 1 Credit Union. ~t~e parties specifically agree to spht the remaining net proceeds equally between HUSBAND and WIFE. HUSBAND further agrees to transfer said van to WIFE as set forth in paragraph nttmber 13 here below. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims Page 4 of 11 \~Itserver\usershR&A Family Law, Client Directory~Kitzmiller, Dawnh'Vlarital Settl..-~t Agreement g4 wpd April 14, 2003 ' . or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. The parties spedfically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts, The parties spedfically agree to maintain the two Members First Certificate of Deposit education Cds/accounts for the benefit of th ' ' ~ e parties daught_r Kelsey Kitzmiller. 11. IRS REFUND. The parties agree to file a joint tax return for the 2002 tax year and further agree that WIFE shall receive the entire refund of approximately $226.94. Page 5 of 11 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal properl~y between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Ag~ement be the sole and separate owner of all tangible personal property in his or her possession. D and WIFE specifically agree that they shall have ~ gal custody o£ theh:.daughterI(~seyNoel Kitzmiller bom March 2, 1998. Thep~ agree thatWIFE shall have.p__' .r' .n~ary~ysical custody of Kelsey and that HUSB~ D sba partial physical custody of Kel_sey at t,~he~ollowing times: J ,a. ~Eve%.°?er weekend from Fr,~kfy at 4:00 p.n~ to Sunday at 6:00 p.na. ~. ~Two ni~ a week from ~lgp.m. to 8:00 p.m. ~' T, .w° n°n.',c~.utive ~ -teks in the sunxrner d. At any other su'~l as mutually agreed by the parties. The parties shall Easter, Memorial Da) shall always have Christ~t~ of the child on the following holidays: Mother sh~ways have custody on July 4~h and Father giving. ~ Mother shall have custody~ery Christmas for a period of one week to include Christmas E~artd Christmas day. Mother shall always have custody of the child on Mother's D~,y ~na~.Father shall always have cu~y of the child on Fathers Page 6 of 11 \kNtserver\userskR&,A Family Law\Client DirectoryhKitnniller, DawnkMarital Settlement Acreerr~nt April 14, 2003 ' '~ '"v 14. VEHICLES. The parties own a 1996 van. Said vehicle is encumbered by a loan with Members 1" Federal Credit Union with an approximate balance of $2,214.62. The parties specifically agree to pay off the lien on the van in full with proceeds from the sale of the marital residence as set forth in paragraph 7 here above. HUSBAND further agrees to transfer any and all right, title and interest he has in said van to WIFE. HUSBAND further agrees to pay any transfer or registration fees associated with the transfer of said vehicle. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or finandal 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 as set forth herein, including all attorney 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 contr~rry, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or finandal reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. ~ pa;.' to '~ tk.'c s"_m ef Th. tee .... d.~.~ ,.,,ty u**m~ w ..... w Page 7 of 11 -"~r/-4g'~en'~,~e p reby expressly wmve, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a .court of law or equity, with the understanding that this Agreement constitutes a final detel~nination for all time of either party's obligations to contribute to the support or maintenance of the other. The statutory provisions terminating HUSBAND's alimony obligation shall( apply. 17. ATTORNEY FEES, COURT COSTS. · ~, .... ~D .... ~ ,~lo,,~ ..... fo.. W/l~l~'s reasonable counsel fees, costs and expenses W~E~curred~isdivorcea~on~e~o~tof~jOO.t~ ~ A~P~O 18. A'J"rORN~S' FEES FOR ENFORCEMENT. ~ ~e event ~at eider p~ brea~es ~y provision of ~is Agreement ~d ~e o~er p~ ~ms co~sel to ~sist ~ e~or~g ~e ter~ ~ereof, [he brea~g p~ will pay ~ reasonable attorneys' fees, co~ costs ~d expenses (~duffing ~terest ~d ~avel costs, if applicable) whi~ ~e ~c~red by ~e o~er p~ ~ ~for~g ~e Agreement, whe~er enforcement is ulti~tely a~eved by litigation or by ~cable resolution. It is ~e specific Agreement ~d ~tent of ~e p~fies ~at a brea~g or ~ongdo~g p~ shM1 be~ ~e obliga~on of ~y ~d ~1 costs, expenses ~d re~onable co~sel fees ~curred by ~e nonbrea~g p~ ~ protec~g ~d enfor~g his or her rights ~der this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-maritai property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified ~md appraised; Page 8 of 11 (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIldE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only' that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding o~! the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. Page 9 of 11 \kNtserver~users~R&A Family LawkClient Director~tzmiller, DawnWlarital Settlement Agreement #4.wpd April 14, 2003 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Wif~s Page 10 of 11 \2~lts~rver\userskR&A Family Law~Client Director'yWdtzrniller, DawnkMarital Settlement A~reement ~4.wpd April 14, 2003 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF ~O~P/0f ~O~IE~t/~',,~ : On the oCt~/ day of ft//,q,/ ,2003, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Dawn Kitzmiller, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONrWEALTH OF F~NNSYLVANIA COUI~ OF i~MBERLAND Notary Public / [ .. _ _Nomdal Sea~ -- . . J MaNe HlpSon, Notary Public My Co~sSlO~ Exp~r AII~ Two,, Cumberk~ad ~n -- [~ CO~on Expires July ~, 2~ : SS. On the oc>d~ day of /b/~/.y ,2003, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Keith Kitzmiller, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary PuNic / ~.-7. .... , My Commission Exp~~,:~!,: ~>,, .... f ~saon Expires du~y 27, 2~ } Page 11 of 11 KEITH A. KITZMILLER, PLAINTIFF v. DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF CO~N Ct~BERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3380 CIVIL TERM IN DIVORCE AFFIDAVIT OF CON~T 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: KEITH A. KITZMI?.?.~.R, PLAINTIFF v. DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3380 CIVIL TERM IN DIVORCE AFFIDAVIT OF CON-~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. acknowledge that requirement that the decree. pursuant to Rule 1920.4~.(e) I have waived the I receive notice of intention to request entry of I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KEITH A. KITZMILLER, : PLAINTIFF : DAWN N. KIT~MILLER, : DEFENDANT : IN THE COURT OF C%~BERLANDCOUNTy, PENNSYLVANIA NO. 2002 - 3380 CIVIL TF~M IN DIVORCE WAIVER OF NOTICE OF INTENTION TO ENTRY OF A DIVORCE DECREE UNDE~ SECTION 3301Cc~ OF THE DIVORCE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: KEITH A. KITZMILLER, PLAINTIFF DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF C0~4ON P?~RS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3380 CIVIL TE~M IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF T~m. DIVORCE CO~ 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose riglhts 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / ! DAWN N. KITZML~.L~/ KEITH A. KITZMILLER, PLAINTIFF V. DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF COI~ON P?'~'~S CUmbERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3380 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERV~ I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on July 16, 2002 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on July 19, 2002. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA (717) 731-1461 17011 KEITH A. KITZMILLER, PLAINTIFF V. DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF CO~ON PLEAS CUmBERLAND COUNTY, PENNSYLVANIA NO. 2002 3380 CIVIL TEI~M IN DIVORCE ACCEPTANCE OF SERVICE I, Dawn N. Kitzmiller, accept service of the Divorce Complaint in the above captioned matter. Dawn N. 3 Patton Road Mechanicsburg, PA 17055 DEFENDANT KEITH A. KITZMILLER, PLAINTIFF DAWN N. KITZMILLER, DEFENDANT IN THE COURT OF CO)~ON ~T.~.~S CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3380 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD 3301(c) 2. To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section of the Divorce Code. Date and manner of service of the complaint: On July 19, 2002 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301{c) of the Divorce Code: By Plaintiff, June 4, 2003; By Defendant, June 4, 2003. 4. Related claims pending: Non~ 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on June 9, 12003. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on June 9, 2003. Thomas D. Gould, Esquire Attorney For Plaintiff IN THE COURT OF COMMON PLEAS KEITH A. KITZMILLER, Plaintiff VERSUS DAWN N. KITZMILLER, Defendant OFCUMBERLANDCOUNTY STATE OF PENNA. NO. 2002 - 3380 CIVIL AND NOW DECREED THAT DECREE IN DIVORCE , I {,~' 2003 , It IS ORDERED AND KEITH A. KITZMILLER AND DAWN N. KITZMILLER ,PLAINTIFF, ,DEFENDANT, ArE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD i/~ THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~~ THE MARITAL SETTLEMENT AGREEMENT DATED MAY 8, 2003, IS ATTEST: PROTHONOTARY KEITH A. KITZMILLER, Plaintiff VS. DAWN N. KITZMILLER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3380 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ¢~a~_ dayof ~~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 8, 2003 is vacated and replaced with this Order. 2. The Father, Keith A. Kitzmiller and the Mother, Dawn lq. Kitzmiller, shall have shared legal custody of Kelsey Noel Kitzmiller, born March 2, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child in accordance with the following rotating weekly schedule: A. Week I: During week I, the Father shall have custody of the Child from Monday after daycare through Tuesday morning before daycare, the Mother shall have custody from Tuesday after daycare through Friday before daycare, and the Father shall have custody from Friday after daycare through Monday before daycare. B. Week II: During week II, the Mother shall have custody of the Child from Monday after daycare through Wednesday before daycare, the Father shall have custody from Wednesday after daycare through Friday before daycare, and the Mother shall have custody from Friday after daycare through Monday before daycare. C. The rotating schedule shall begin on October 6, 2003 with the Mother having custody of the Child after daycare on Monday under the week II schedule. D. In the event the Child is tmable to attend daycare or school due to illness or other reason, the parent who has custody of the Child in the morning before daycare or school shall be responsible to make arrangements for the Child's care during the day. 4. The parties shall have custody of the Child on holidays as follows: A. SUMMER HOLIDAYS: The parties shall alternate having custody of the Child on Memorial Day, July 4th and Labor Day, beginning with the Mother having custody on Memorial Day in 2004. B.~REMAINING HOLIDAYS: The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for two nonconsecutive weeks each year upon providing at least thirty days advance notice to the other party. The parties shall schedule periods of vacation under this provision to include his or her regular weekend period of custody, tmless otherwise agreed between the parties. 6. For all exchanges of custody which do not take place at the Child's daycare or school, the party receiving custody shall be responsible to provide transportation, unless agreed otherwise. 7. The parties acknowledge that it is their intention not to use the changes in the custody schedule provided in this Order as a basis for Child support modification. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. CC; dgar B. Bayle.~' ~ -- Thomas D. Gould, Esquire - Counsel for Father Joanne Harrison Clough - Counsel for Mother / /o - 04,. · 0 .] KEITH A. KITZMILLER, Plaintiff VS. DAWN N. KITZMILLER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3380 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARy REPOR'i' P · ' .... ~,~gxxeu custoay Concifiator sttbmits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Kelsey Noel Kitzmiller DATE OF BIRTH March 2, 1998 CURRENTLY IN CUSTODY OF Mother / Father 2. A Conciliation Conference was held on October 1,200.3 with the following individuals in attendance: The Father, Keith A. Kitzmiller, with his counsel, Thomas D. Gould, Esquire, and the Mother, Dawn N. Kitzmiller, with her counsel, Joarme Harrison Clough, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLANT) COUNTY, PENNSYLVANIA KEITH A. KITZMILLER, No. 02-3380 Plaintiff, CiVIL ACTION - LAW V. DAWN N. KITZMILLER, Defendant. IN CUSTODY PRAECIPE TO WITHDRAW APPE3JIANCE Kindly withdraw the appearance of Joarme Harrison Clough, Esqu/re, on behalf of Defendant Dawn N. Kitzmiller. 2231 Market Street Camp Hill, PA 17011-4642 PRAECIPE TO ENTER APPEARA~NCE Kindly enter the appearance of Andrew C. Spears, Esquire, on behalf of Defendant Dawn N. Kitzmiller. Dated: METZGER, WlCKERSHAM, KNAUSS & ERB, P.C. Metzger, Wickersham, Knauss & Erb, P.C. Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 299562-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the within Withdrawal of Appearance and Entry of Appearance with reference to the foregoing action by first class mail, postage prepaid, this 7~ day of.Mam"r~, 2004, on the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Joanne Harrison Clough, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Dawn S. Sunday, Esquire Custody Conciliator 39 West Main Street Mechanicsburg, PA 17055 Andrew C. Spears, Es4'uire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 299562~1 KEITH A. KITZMILLER, Plaintiff DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3380 CML ACTION-LAW IN CUSTODY P~RAECIPE TO VOTHDRAW/ENTER APPE, ARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Defendant, Dawn N. Kitzmiller, in the above-captioned action. By:~ff'~ Andrew C. Spears, Esquire Metzger, Widcersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 PA I.D. 87737 TO THE PROTHONOTARY: Please enter the appearance of Susan M. Kadel, Esquire, on behalf of the Defendant, Dawn N. Kitzmiller, in the above-captioned action. Date: James, Smith, I)ietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44.837 KEITH A. KITZMILLER, : Plaintiff : DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3380 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATIO.I?I OF _CUSTODY ORDER 1. The Petition of Defendant, Dawn N. Kitzmiller, respectfully represents that on July 8, 2003, a Custody Order was entered in the above-captioned action. 2. The parties hereto, Keith A. Kitzmiller and Dawn N. Kitzmiller, agree that the Order should be modified due to a change in circumstances and have agreed that the attached Custody Agreement dated October 6, 2004, should be incorporated as an Order of Court. WHEREFORE, Petitioner, Dawn N. Kitzmiller, requests that the Court enter the attached Custody Agreement as an Order of Court as it will be in the best interest of the child. Respectfully submitted, Date: James, Smith, Diettefick & Cormelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 4.4837 KEITH A. KITZMILLER, Plaintiff DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-3380 : : CIVIL ACTION - LAW : IN CUSTODY CUSTODY AGREEMENT This Custody Agreement is made this ~ day of OC~/~'~, 2004, by and between Keith A. Kitzmiller, hereinafter referred to as "Father" and Dawn N. Kitzmiller, hereinalier referred to as "Mother". child; WHEREAS, the Parties are the parents of Kelsey Noel Kitzmiller, bom March 2, 1998, and; WHEREAS, Mother and Father desire to settle and resolve issues of custody regarding the AND NOW, THEREFORE, it is agreed by the Parties as follows: The Parties shall have shared legal custody of Kelsey and each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general welt-being, including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. With regard to any emergency decisions which must be made regarding the child, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decision necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. §5309, each party shall be entitled to complete and full reformation from any doctor, dentist, teacher, professional, or authority and to have copies of any reports or copies of information given to e/ther parent as authorized by statute. 3. Primary physical custody of Kelsey shall be with Mother. 4. Father shall have partial physical custody of Kelsey :in accordance with the following schedule; a. On alternating weekends from Friday at 3:00 p.m. until Sunday evening at 8:00 p,mo b. Two (2) weekday evenings from approximately 3:00 p.m. when Father would pick up Kelsey from the babysitter, until 8:0,0 p.m. The parties shall mutually agree on the weekdays that Father will have partial physical custody, however, they have initially determined that these days will be Tuesday and Wednesday. The Patties shall have custody of Kelsey on holidays as follows: a. Summa: The Parties shall alternate having custody of Kelsey on Memorial Day, July 4~ and Labor Day, begirming with Father having custody on Labor Day in 2004. b. Reread: The Parties shall share or alternate custody of Kelsey on the remaining holidays as arranged by agreement. c. The holiday schedule will supersede and take precedence over the regular custody schedule and when a holiday precedes or follows Father's scheduled weekend and, Kelsey does not have school, on that date, then the holiday will be included in Father's scheduled weekend. Each party shall be entitled to have custody of Kelsey for two (2) non-consecutive weeks each summer upon providing at least thirty (301) days advance notice to the other party. A week should be defined as seven (7) consecutive days. That party shall schedule periods of vacation under this provision to include his or her regular weekend period of custody, unless otherwise agreed between the parties. · , 'al exchanges which do not take place With regard to transportation, for all of the custodi at Kelsey's daycare, the party receiving custody should be responsible to provide transportation unless agreed otherwise. Both Parties agree that during the times they have custody of Kelsey, they shall keep the other parent apprised of how they can be reached by telephone. Each party shall advise the other if they will be removing Kelsey from the central Pennsylvan/a area during their period of custody with her. 9. The Parties agree that each of them will use their best efforts to support Kelsey's exmt- curricular activities in which they are in agreement that she participates in. 10. Both parents shall estabhsh a no-conflict zone for their child and shall refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties to make such comments in the presence of the child. Each parents shall speak respectively of the other whether it is believed that the other reciprocates or not. Each parent shall agree to refrain from encouraging the child to provide repons about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 11. The Parties hereby waive the requirements of Pa. R.C.P. 1915.7 requiring that they and the child be present before the Court to present this Agreement and further, intend this Agreement to be entered as an Order of the Court of Common Pleas of Cumberland County, subject to modification. By: Thomas D. Gould, Esquire Attorney for the Plaintiff 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 PA I.D. No. Keith A. K/tzmiller Attorney for the Defendant James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 DawnN Kitznu KEITH A. KITZMILLER, : Plaintiff : DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3380 CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Cormelly, LLP, attorney for the Defendant, Dawn N. Kitzmiller, hereby certify that I have served a copy of the Petition for Modification of Custody Order on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID. Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY DATE: /0 Susan M. Kadel, Esquire Attorney for Defendant Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 KEITH A. KITZMILLER, Plaintiff v. : No. 02-3380 : : CIVIL ACTION - LAW : IN CUSTODY DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Petition of Defendant, Dawn N. Kitzmiller, respectfully represents that on July 8, 2003, a Custody Order was entered in the above-captioned action. 2. The parties hereto, Keith A. Kitzmiller and Dawn N. Kitzmiller, agree that the Order should be modified due to a change in circumstances and have agreed that the attached Custody Agreement dated October 6, 2004, should be incorporated as an Order of Court. WHEREFORE, Petitioner, Dawn N. Kitzmiller, requests that the Court enter the attached Custody Agreement as an Order of Court as it will be in the best interest of the child. Date: Respectfully submitted, A ttome y' fo r Kadthe~/~D eTiT;a n t James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 KEITH A. KITZMILLER, Plaintiff DAWN N. KITZMILLER, Defendant IN THE COURT OF COIvl/vlON PLEAS CUIVIBERLAND COUNTY, PENNSYLVANIA No. 02-3380 CIVIL ACTION - LAW IN CUSTODY _CUSTODY AGREEMENT This Custody Agreement is made this .~ day of OC4t~, 2004, by and between Keith A. Kitzm/ller, hereinafter referred to as "Father" and Dawn N. Kitzmiller, hereinafter referred to as "Mother". child; WHEREAS, the Parties are the parents of Kelsey Noel Kitzmiller, bom March 2, 1998, and; WHEREAS, Mother and Father desire to settle and resolve issues &custody regarding the AND NOW, THEREFORE, it is agreed by the Parties as follows: The Parties shall have shared legal custody of Kelsey and each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regard/ng her health, education and religion. Pursuant to the terms of tiffs paragraph each parent shall be entitled to all records and information pertaining to the child inchiding, but not limited to, school and medical records and information. With regard to any emergency decisions which must be made regarding the child, the parent having physical custody &the child at the lime of the emergency shall be permitted to make any immediate decision necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional, or authority and to have copies of any reports or copies of information given to either parent as authorized by statute. 3. Primary physical custody of Kelsey shall be with Mother. 4. Father shall have partial physical custody of Kelsey in accordance with the following schedule; a. On alternating weekends from Friday at 3:00 p.m. until Sunday evening at 8:00 p.m. b. Two (2) weekday evenings from approximately 3:00 p.m. when Father would pick up Kelsey from the babysitter, until 8:00 p.m. The parties shall mutually agree on the weekdays that Father will have partial physical custody, however, they have initially detenrfined that these days will be Tuesday and Wednesday. The Parties shall have custody of Kelsey on holidays as follows: a. Summer holidays: The Parties shall alternate having custody of Kelsey on Memorial Day, July 4~ and Labor Day, beginning with Father having custody on Labor Day in 2004. b. Remaining: The Parties shall share or alternate custody of Kelsey on the remaining holidays as arranged by agreement. c. The holiday schedule will supersede and take precedence over the regular custody schedule and when a holiday precedes or follows Father's scheduled weekend and, Kelsey does not have school on that date, then the holiday will be included in Father's scheduled weekend. 6. Each party shall be entitled to have custody of Kelsey for two (2) non-consecutive weeks each summer upon providing at least thirty (30) days advance notice to the other party. A week should be defined as seven (7) consecutive days. That party shall schedule periods of vacation under this provision to include his or her regular weekend period of custody, unless otherwise agreed between the parties. 7. With regard to transportation, for all of the custodial exchanges which do not take place at Kelsey's daycare, the party receiving custody should be responsible to provide transportation unless agreed otherwise. 8. Both Parties agree that during the times they have custody of Kelsey, they shall keep the other parent apprised of how they can be reached by telephone. Each party shall advise the other if they will be removing Kelsey from the central Pennsylvania area during their period of custody with her. 9. The Parties agree that each of them will use their best efforts to support Kelsey's extra- curricular activities in which they are in agreement that she participates in. 10. Both parents shall establish a no-corrfl/ct zone for their child and shall refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties to make such comments in the presence of the child. Each parents shall speak respectively of the other whether it is believed that the other reciprocates or not. Each parent shall agree to refrain from encouraging the child to provide reports about the other parent. Commun/cation should always take place directly between the parents, without using the child as an intermediary. 11. The Parties hereby waive the requirements ofPa~ R.C.P. 1915.7 requiring that they and the child be present before the Court to present this Agreement and further, intend this Agreement to be entered as an Order of the Court of Common Pleas of Cumberland County, subject to modification. By: '~b. ~ Thomas D. Gould, Esquire Attorney for the Plaintiff 2 East Main Street Shiremanstown, PA 17011 (717) 731~1461 PA I.D. No. ' Keith A. ~ Sus~r'lvl. Kadel, Esquire ~ Attorney for the Defendant James, Smith, Dietterick & Counelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 awn N. Kitznm~m~--~ KEITH A. KITZMILLER, Plaintiff v. : No. 02-3380 : : CIVIL ACTION - LAW : IN CUSTODY DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Defendant, Dawn N. Kitzrailler, hereby certify that I have served a copy of the Petition for Modification of Custody Order on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY DATE: /0 ~'/,~- aO/ By: · ~Mff~Z/rZ Susan M. Kadel, Esquire Attorney for Defendant Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 KEITH A. KITZMILLER, Plaintiff v. : No. 02-3380 CIVIL ACTION - LAW IN CUSTODY DAWN N. KITZMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this g--,~-'- day of__~ 2004, it is hereby Ordered and Decreed that the Custody Agreement entered into by the parties on October 6, 2004, and attached hereto, is hereby deemed an Order of Court.