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HomeMy WebLinkAbout94-03511 ~ I~ ~ ~ j ,. I.;' II 1".1" ,.111' , , , I , , , COUllT OF COMMON I)IJ~AS DAUPHIN COUNTY (:IVIL ACTION .___'_ '''_'____--_ SYr!~5 19!!__?1t -j5t1 CI:,,~L-:Jv<~ ! ^11Ilcnrnnrl' fur: --- _d. rlnlnllrr:~_::4d:A.7'1~.,.- ... ~ .~-_..- . --~~:~=-~- := ~:::~,)'5~~~~~,~~~~---~~j~~~. I ... _ .... _. .....___ ____ _--.1..-.--.-..--.--...J.:::-.l...---- I'rllllun _ I ^1l111'nl (I . _ .....H._. -.'_ -._._~.___.,____ -------.----. - -.---.-..-.--.-----.-- --.---..--.---- ---.---~--.---.--._---.-.-.-.--------.--- CIlSI~'.!L.____ ( I l!l':~I~,~~_... ._____L___J___. ___ __ ^SSIII~II1s1!._____._L___L._.._ Vlsllotlun (I --~----_._~----_.._~~----"--- -_..---~ UIVIllI'~______.-l '" ) ___.__.____~I~rI808!:.!:I)Il'r1usllrc (.---1___. 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I.ewis Jlld"", SI'P. . .__'--'" .._,._~ ._.__..__...____._' _.___~~_._ . ..__ __~______.___.__.______.~..___.____. _________..1 _____.. .____1:;;)_._______ - ,-- --- ..------ --.--- Hule to shlJ\~ Cnuse n led. =2:;)AyI~'4;-~~-V:.-~~f?;:2l:..-::;..=Z~~~~d7:;?,. tI- L7- ;.-.. .._./..~_~ . -t?~ 'Ln______._~,,__._______. --------." ^ II III II III ^nllJIIIII ~=_~-S~- -~.~=_ __~dm, j;~~-.1>I~~)~~__=~__====-.". '~~-;j~~... (JO ^dm, Fee. Clllllldy ^P1,'I, 01 MOllrt -.,..----.,----- , COlh l10ml -"i;IIIII, fe;" -- ---- - .r"J!... ^lty, ^Jlprorollre --0- _._ __ ~ __ __ ____ p _ 1..__ _ Shrrllf'~ ('n~U Ilhrnllthwollce Hille nl Hrfelellrr I'll'Iowhllllh /1~t 151 1(, (\1 t June 6, 1994 - It is hereby Ordered. Ilnd'dpcrl'l'd lhnl thf' Hull' Issued the 28th dAY ._______H__ _ - --, -, - --. .-: - ",- . -." of April 1994 is mAde Absolute Af1d the' file for this action Is hereby trAnsferred -.\-... .. ------ - -----~_.---- -- ----- - ----.,-....---- - -- ._---- .--.. -_.._- to CumberlAnd County for further proceedings. /S/ Jennnine Turgeon, .Judge. ___.______._ ___._ - .. .___, ..+ __'0 .__ __.. See Order of Court Fi led. ,.._Lt!J!c_9 , 994 - Tlt"- IIbov"- IIcHoll Ld .tltll'td~elt'lf,d .to tll"- COlllt.t 0& Commoll Pleltd' b& 'I 1___C~,"btltlltl,td/-(lU .t!i. 1-- ._' . ..... 2.19 9Y ! horsb certify 111011110 hrogoif1{1ls r \tuo and correcl ccir-loflliiJ-iiii(llnnl . --..-.lIIod,.... _. - - ..-..--- ______u.__.__________________.. ...------..--- . I .j(~~..*irjJ~t.:.; r -----.--------- ... fur.1..1I AL.=_ tJrolli iiiilaty .__.___1 ~: ~t~ \)Ij ~ ~~ ,..,. .,. ~_ C0l"'\ ~, , ~ ;:i..) _\ ... ..--\)J----~_.-.- -.--.--.-- _____. r>() ~ ' 'S' It-. l), C, '-r_, 1..... ,- (" . . . .t I \ , t." 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HI"."l lI\tlll.,IlI'I,I" 1'1''0"'0',\1'''01\ 11111 l'tI C1f"lliJ </" J Y}?y. lei 1111111'6 HUll: ~ 1\111) l;r 'HIli J;.; I CUI',( I /, i \. lIt .. ~ I .,1 Ii II II II [I II 'I I II II ., I' Ii II II Ii II I. Ii II Ii Ii Ii Ii I' :1 i: , II II Ii . ,. , RICHARD C. FOX, Petitioner, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 4506 S 1991 v. MAUREEN T. FOX, Respondent, CIVIL ACTION PETITION TO MAKE RULE ABSOLUTE pet1t1onor, RICHARD C. FOX, by and through his attorney, Gerald s. RDbinson, Esquire in support of this petition rospectfu11y avers the following I 1. Potitioner, RICHARD C. FOX, is an adult individual residing at 4906 Eastman Drive, Harrisburg, Dauphin County, Ponnsy1vania. 2. Respondont, MAUREEN T. COULSON (formerly FOX), is an adult individual rosiding at 11 East Shady Lano, Enole, Cumberland County, Pennsylvania. 3. The Parties wore divorced from the bonds of matrimony by this HonDrable Court by docree dated May 8, 1992. 4. The Parties' Divorce Sott1emont Agreement dated the 22nd day of April 1992, was attached to tho docree and containod provisions for custody of the Parties' minor children. 5. Reopondent has since breachod the agreement and Potitioner desires to file a contempt potition in Cumberland County, the children's home stato. II " ii II 5. On April 21, 1994, Petitioner fllod a petition to trans for the filo to Cumberland County. 6. On April 28, 1994 a Rule to show Cauls Why the Petition for Transfer of Record shOUld not be granted was issued on Respondent. , . . I 1 I I I ~ I ! 7. The Rule was returnable 15 days from the day of service. 8. On May 4, 1994, a certified copy of the Rule to ShoW Cause was served on Respondont's Counsel of Record by depositing same in first-class, postage propaid mail in Harrisburg. 9. Fifteen days have expired and the rule has not been returned. WHEREFORE, Petitioner respectfully requosts this Honorable court to make the Rule absolute and enter an order transferring this file to Cumberland County for furthor procoedings. Respectfully submitted, j r I " Datedl May 25, 1994 By ~r. ~ ROBINSON & GERALDO Attorney 1.0. No. 27423 4407 North Front street P.O. Box 5320 Harrisburg/ Pennsylvania 17110-5320 (717) 232-8525 Attorney for Petitioner I! ~ ~ I q , L) 'J () Ii "~ll 'jl ~ \b q ~ 0 9 ~ P- i ~ ~ >< ~ p ~ ;. >< :'.i 8 8 ~ ~ . .. ~ ~ ~ ~ . I-< j , . :- ~ ~~~~ i u ~ ::Ii VJ 0 !;~sa ~ .... I ! I i p ..: r.:l '" b 8 "'" P- ~ .., ~ i' ~ ~ H ..:l ~ H t.> .... Z U .... . ,. . , I l t . RICHARD C. FOX, I IN TilE COURT OF COMMON PLEAS Plaintiff I DAUPHIN COUNTY, PENNSVLVANIA I v. I CIVIL ACTION - LAW I NO. 4506 S 1991 MAUREEN T. FOX, I Defendant ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Maureen T. Fox, hereby accept eervice of the Complaint in Divorce under Section 3301(0). Date NV,),ft\(,^ '. d9( ~ 11'Tr Maureen T. Fox, Defendant . _ ,,~,' rf~~~~ P~'l;;~~~ " ?i I'. or:: .' i... "1 - .~ , , - (,I I I n. I ~ . ~ " ." " " , I ." __"";;;~" 11.11(\11,.' _".' -fit!- ,,,.,, , ( " , , '! C: ?e ,,j ,,. J' " " ,\ .-1 " I , , AND NOW, '3 , 19-91.. l'\.-- , " ~ , ...-r -.- ;\.'. '''OTHON. .U . Commonwealth of Pennsylvania County of Dauphin, ss: .................................... In the Court of COll111on Pleas of Dauph I n Count y. Penns Y I van I 0 .IU~~.F~....--_._-_..._..._. plaintiff V5. .,t.WlREE.tlJ... I.ax..--.. -.. ....... ...... .................................... No. ..1~QQ.5...u__..-------- 19.1J.t. Defendant Decree In Divorce It Is ordered and decreed t t J I chard C.. Fox Plaintiff. and Maureen T. Fox Defendant, are divorced from the bonda of matrimony I subject to the provisions of that certain Divorce Settlement Agreement dated the ul}!\ day of April, 1992. . COURT. C, ~ ~ ....~................ ~~"""jua9i Certified ................................. 19.... ............~..............~iothonO{4rv.. ~ P.IYQH!;JLgj);mID-,l~lI_L}\..wJilil1~lir TillS AGREEMENT is made thi sd!..u~ day of .1 -41:t ---------, 1992, by and between RICHARp C. FOX, currently of Grantville, Lebanon County, Pennsylvania, hereinafter called "Husband", and MAUREEN T. FOX, cunently of Middletown, Dauphin County, Pennsylvania, hereinafter called "Wife". WIT N E SSE T H WHEREAS, Husband and Wife were married on July II, 1987 in Elizabethtown, Pennsylvania; and WHEREAS, Husband and Wife are the parents of three (3) children: Raymond M. Fox, born October 6, 1984: Brittany N. Fox, born October 16, 1988; and Daniel C. Fox, born May 29, 1990. WHEREAS, di fferences have arisen between Husband and Wife as a consequence of which they have been living separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine all of their respective rights and obligations; NOW, THEREFORE, in consideration of the premises and cove- nants contained herein, it is heroby agreed by and between the part ies hereto as follows: 1. ~!mUi]tJ9!1 ' It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to tima shall choose or deem fit, Tha foregoing provision shall not be taken as an admission on the part of ei ther party of the lawfulness or unla\~fulness of the causea leading to their living apart. 2. Jllterf!!nmgg. Each party shall be free from the inter- fel'ence, authority and contL"ol by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt or endeavor to molest the other, nor in any way to harass 01' malign the other, nOlO in any other way interfere with the peaceful existence, separate and apart, of the other. Each of the parties hereto understands and agrees that nei thel' shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3, t!lY.t!!1.P.1L-9.L.E9.al._--.frgpexJy. The parties acknowledge that they are the owners of a former marital residence located at 562 North Union Street, Middletown, Dauphin County, Pennsylvania, which property had been the marital residence of the parties. The parties further acknOWledge that the property is under contract to sell, or articles of agreement to sell, said property to Belinda Johnston. Husband hereby transfers, sets over and assigns unto Wife a one-half Interest In said real estate and in the articles of agreement of other contract to sell to Belinda Johnston, From and after tho date hereof, Husband and Wife shall equally divIde all payments received from the said Belinda Johnston under any euch articles of agreement or contract to sell 2 '. with regard to such real property (to the extent any such payment exceeds the regular mortgage payments, taxes and insurance with regard to such property). In the event Belinda Johnston choosee to refinance and acquire legal title to the real property, the parties shall share equally the net proceeds upon such refinancing and payoff of the balance under the articles of agreement or contract to sell. Husband hereby agrees to and shall indomnify and safe Wi fe harmless of and from any and all claims, demands, suits, actions or causes of action arising from, directly or indirectly, Husband's failure to perform all of the obligations of a mortgagor, owner or seller of such property, In the event the said Belinda Johnston fails to perform any and all obligations as purchaser of the said property, the parties agree that the property shall, upon such default or breach by Belinda Johnston, forthwith be listed for sale by a reputable realtor regularly conducting business in the Middletown, Dauphin County area at a price to be agreed upon by the parties. Upon sale of the property, the proceeds of the sale, after deduction of all costs associated with such sale, inclUding realtors' commission, shall be divided equally by the parties hereto. 4. Divi!'!lr;>!LQLJ?!!!!!Q!lilL_.!)IQQ~Lty,. Except as hereinafter provided, the parties hereto have heretofore divided between themselves all items of personal property, furnishings, household belongings and the like heretofore used by the parties in common, ] and shall contemporaneously withdraw any and all appeals that he has filed or illtended to file concerning the Support Order entered on or about March 6, 1992 and docketed to No. 20 D.R. 1992 in the Court of Conunon Pleas of Dauphin County, Wife hereby I agrees to and shall withdraw any claims that sho may have in said action regarding spousal support for herself upon Husband's payment of $500.00 as provided hereinabove in Paragraph 7, So long as Husband is not in default under the terms of this Agreement and is current in the payment of his obligation to support the children of the parties under the current Support Order or amendment thereto or replacement Order with regard to child support throughout the calendar year 1992, Husband shall be entitled to claim the parties' child, Raymond M. Fox, as a dependency exemption on his federal income tax return for 1992. Wife shall be entitled to claim the parties' children, Brittany N. Fox and Daniel C. Fox, as dependency exemptions on her federal income tax returns for 1992, and to claim all three of the children for all tax years thereafter. Each of the parties agrees to execute such documents as may be reasonably required by the Internal Revenue Service to give full force and effect to this paragraph, In addition, Husband acknowledges and agrees that, in the event any of the parties' children determine to pursue post- secondary education of any kind, Husband shall contribute to and 6 this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or other similar tax acts (herein- after the "Act"), specifically the provisions of the said Act pertaining to transfers of property botween spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. 13. E\!LLQt1!!;;_LQsur~,. Ilusband and l.Jite each represent and wal'1'ant to the other that he and SIlO has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever. and of all other facts relating to the subject matter of this Agreement. 14. 1\!l<lU!QlJllLln!ltr\lmelltfj. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, car titles, allsignmenta, COllsents, tax [stur-lIs and any other documents, and shall do Dr cause to be done any other act or fl thing that may be necessary or desirable to give full effect to the provisions and purposes of this Agreement. 15, Iti fe.'JL.!JJilQ.t!j!. Wife reprosents and warrants to Husband that she has not and in the future ehe will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 16. Husbang,1.PebtJ!. lIusband represents and warrants to Wife that 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 shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debte or obligations incurred by him. 17, h'ai.Yers_,_QL_J~Jg..im~. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire. under the present or future laws of any juriSdiction. to share in the p1-operty 01' the estate of the other as a result of the mari tal relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy. right to take against the \~i 11 of the other, right to claim or seek equitable distribution of property, alimony, alimony pendente lite, spousal support, counsel fees or expenses, 9 and right to act as administrator or executor of tho other's estate, and each will, at the request of the other, execute, acknowlellge, and deliver any and all instruments which may be neces8ary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. I 18. hQ9A.Ll~.!mI.\!!l~llti!UQn, Husband and Wife acknowledge that Husband has been represented by Randall K. Miller, Esquire and that Wife has been represented by Bruce F. Bratton, Esquire. Each has had the opportunity to review this document with his or her attorney and acknowledge that each fully understands the legal impact of this Agreement. and further intends to be legally bound by the terms of this Agreement. 19. ~QllLllt.A!y_EMll;ution. The prOViSions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that It is being entered Into volulltal'ily and that it is not the 1'Osul t of any duress or undue influence. 20. At:UQIlJIUHYIH:C\!. Wife acknowledges that Husband has commenced an action In di vorce under Section 3301 (c) of the Ponnsylvllnia Divol'ce Coda in the COllrt of Common Pleas of Dauphin County, docketed to No, 4506 S 1991. Husband and Wife each agree to execllte Affidavits of Consent to the entry of a Decroe in Divorce to be filed In luch divorce action. III the event a Decree ill Divorce II Blltered, tho terms of this Agreement shall 10 ,1 " f . ;;,. , 'I' " I(J/ if ~ '; /1 (J 4h ~' f:; ":'4 v,l,' I : IJ'(j Ii,' .' . I . . t' ."f" . HIIIII"'~"'II~" \.....11 ( II 11'1' H I '1111111,1 \ ~ ''',;11 I, III I,'." II III . \ I I \\\ PI) 1\1'\ 1"11 1 hlll(IO,I;'-1I1 , 1';""',)1\ \'.1' I II" ( lid 1111\) IHIII {.fJli j I I!illl (01 1 \ 11 { ,. i .., I, " " , .' t," RICIlARD C. FOX, I IN TilE COURT OF COMMON PLEAS 1 DAUPIlIN COUNTY, PENNSVLVANIA Pet! t!oner, I VS. I 1 NO. 4506 S 1991 MAUREEN T. FOX, 1 I Respondent. I CIVIL ACTION ORDER AND NOW, this day of November, 1993, upon consideration of II II il I' il II ji 1; II II ii I' II " II the within Petition for Emergency Relief, it is hereby directed that the Respondent MAUREEN T. FOX allow Petitioner RICIlARD C. FOX, to enjoy visitation with his minor children, Raymond M., Brittany N. and, Daniel C. Fox, pursuant to the provisions of a certain Marriage !i if Ii Settlement Agreement datod the 22nd day of April, 1992, which custody/visitation period shall commence on Friday, November 26, 1993 at 6100 p.m., and thereafter on alternating weekends until further Order of Court. H ii Ii !I II !i 'I ii II BV TilE COURTI J. I r " , .' I, RICHARD C. FOX, I IN THE COURT OF COMMON PLEAS I DAUPHIN COUNTY, PENNSVLVANIA Petitioner, I vs. I I NO. 4506 S 1991 MAUREEN T. FOX, I I Respondent. I CIVIL ACTION PETITION FOR EMERGENCY RELIEF Petitioner, RICHARD C. FOX, by and through his attorney Gerald S. Robinson, Esquire, requests this Honorable Court to grant him emergency relief by ordering the Respondent MAUREEN T. COULSON, formerly FOX, to allow Petitioner to enjoy visitation with his minor children, Raymond M., Brittany N. and, Daniel C. Fox, pursuant to the provisions of a certain Marriage Settlement Agreement dated the 22nd day of April, 1992. In support of this request Petitioner provides the followingl 1. Petitioner is RICI/ARD C. FOX, an adult individual currently residing at 4906 Eastman Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Respondent is MAUREEN T. COULSON, formerly FOX, an adult individual currently residing at 11 East Shady Lane, Enola, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were divorced from the bonds of matrimony by a Dauphin County decree dated the 8th day of May, 1992. 4. The Parties had three (3) children born to the marriage to witl Raymond M., born October 6,1984, Ilrlllany N" born October 16, 19881 and Daniel C., born May 29, 1990. " " 5. A certain Marriage Settlement Agreement dated the 22nd day of April, 1992 was incorporated into the final decree in divorce. 6. In accordance with the Marriage settlement Agreement, Respondent was awarded primary physical custody of the children, and Petitioner was to have temporary custody of the children on alternating weekend from 6100 p.m. Friday evening until 7100 p.m. I sunday evening and one evening per week from 6100 p.m. until 7100 p.m. \1 II 7. Respondent has unilaterally abandoned this court-ordered Ii ~ custody/visitation agreement, and has not allowed Petitioner to I Ii I' exercise his one-hour evening temporary custody period since the , II Ii summer of 1993. II ,I ! B. As of september 17, 1993, Respondent has further denied i! " " iI Petitioner hie right to have temporary physical custody of the I, ~ Parties' minor children on alternating weekends, II " iI 9. Petitioner's counsel has contacted Respondent's counsel to , i! i: " Ii !i :1 Ii II Ii ,I II ,I " arrange a four-party conference in an attempt to resolve this matter. Respondent and/or her counsel, however, are unavailable to meet until November 30, 1993. 10. Petitioner's next scheduled weekend with the Parties' minor children begins on November 26, 1993. 11. Pending his November 30, 1993 meeting with Respondent and Respondent's counsel, Petitioner desires to exercise his custody/visitation rights as dictated by the Marriage Settlement Agreement. . " ,II " CERTIFICATE OF SERVICE 17 h I, Gerald S. Robinson, Esquire, do hereby certify that on the t day of November 1993, I caused a true and correot copy of the Petition for Emergency Relief to be served upon the following oounsel of record by first class mail by depositing same in the United states Mail, postage prepaid, in Harrisburg, ponnsylvanial paul Taneff, Esquire RICCI & TANEFF 4219 Derry street Harrisburg, Pennsylvania 17111 Respe~tfully SUbmitted, (, Q J~ I GerA d S. Robinson, re ROBINSON & GERALOO Attorney 1.0. No. 27423 4407 North Front street Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Petitioner ~ '. .. -1bcJt? :;H,q~ '. RICIIARD C, fOX, I lN '1'1111 COURT OF CONNON PLIIAS Plaint ICf I DAUPIIIN COUNTY, I'ENNSYLVANI A I I V . I I MAUREIIN T. fOX, I Defendnnt I NO. ~506 S 1991 BY~E TO BilOW CAUBE AND NOW, this l5tb doy of April, 199~, B rule is hereby Isaued upon Defendant to show cause why the Petition for Trnnsfer of Record to Cumberland County should not be granted. RULE returnable from service. ;;; ,~ r ~ \ .. ~ ... if: . pU., <1- 1- r " { UJO .., " , in , , ; .~ >'bJ ~i .,;. i?"1 ~>'.I - lIJ .. .. (.'i-,_ ~_',: 11. id \, - l~ ,t; .-~ ~ l r-J :J " p.. Ji c( 0.. /:) ":"""-._-~. ,\'1 IJl .,;;1,; .~'__.___'_....,-_....u, tl~l'(l y '", . ~" ;. , . . ' " RORlN!lON AND OIiRAl.Ull AnoRN""K ^NIl (.'01 'Nkl'l.IllRM ^I .....w II,C), lI(\x mil. U...IIRIKlIlIRlI.I'H..Nh11 V^NI^ 111111 ',Ill! o CERTIFIE.D TRUE AND (:1)1 nrCl. COpy I '. " _. . .....& I ... RICHARD C. FOX, I IN THE COURT OF COMMON PLEAS I DAUPHIN COUNTY, PENNSYLVANIA pet! t!oner, I I I NO. 4506 S 1991 I I Respondent. I CIVIL ACTION VS. MAUREEN T. FOX, ORDER I !I il I I I I I il I II II I' AND NOW, this day of , 1994 it ie hereby ordered that the record of the above-captioned Divorce action be transferred to the County of cumberland for further action in relation to the custody matters of the parties' minor children. Expenses involved in the transfer to be included in later proceedings as costs in the matter pursuant to Rule 1915.2 (d) of the Pennsylvania Rules of Court. II I I BY THE COURTI J. , II I I I '. . I . ~A I _ . . . . RICHARD C. FOX, I IN THE COURT OF COMMON PLEAS I DAUPHIN COUNTY, PENNSVLVANIA Petitioner, I vs. I I NO. 4506 S 1991 MAUREEN T. FOX, I I Respondent. I CIVIL ACTION PETITION FOR TRANSFER OF RECORD TO CUMBERLAND COUNTY I I II II , I I I Petitioner, RICHARD C. FOX, by and through his attorney Drue K. Zaharis, Esquire, respectfully requests the Court to Transfer the Record of the above-captioned Divorce Action to the County of Cumberland pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure. Petitioner respectfully represents the followingl 1. Petitioner is RICHARD C. FOX, an adult individual residing at 4906 Eastman Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Respondent is MAUREEN T. COULSON (formerly FOX), an adult individual residing at 11 East Shady Lane, Enola, cumberland county, Pennsylvania. 3. The parties entered into a Divorce Settlement Agreement which was made part of the final decree in divorce on May 8, 1992. 4. The Divorce Settlement Agreement contained a provision concerning the custody of the parties' three children. 5. Respondent and two of the parties' children have been living in Cumberland County ainco the entrance of the final Decree in Divorce, thereby, conferring upon Cumberland County the statu. of .. . . . . RICHARD C. FOX, I IN THE COURT OF COMMON PLEAS Peti tioner, I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. I MAUREEN T. FOX, I Respondent, I CIVIL ACTION NOTICE AND ORDER TO APPEAR AND NOW, this day of , 1994 upon consideration of the within Petition, it is the Order of this Court I I thatl I " Legal proceedings have been brought against you, MAUREEN T. COULSON (formerly FOX), alleging you have willfully disobeyed the il Custody provisions of a Divorce Settlement Agreement dated the 22nd Ii , Ii of Aprll, 1992. Ii ~ If you wish to de{ond against the claim set forth in the I :1 I I, i: " ii j; II II I following pages, you may, but are not required to, file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear 1n person, in Court on the ____ day of , 1994, at __m. in Court Room at the cumberland County Courthouse, High and Hanover streets, Carlisle, Pennsylvania, 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. . . . RICHARD C. FOX, I IN THE COURT OF COMMON PLEAS PeU Uoner I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. I MAUREEN T. FOX, I Respondent, I CIVIL ACTION RULE TO SHOW CAUSE WHY RESPONDENT SHOULD NOT BE HELD IN CONTEMPT OF CUSTODY/VISITATION ORDER 1. Petitioner is RICHARD C. FOX, an adult individual currently residing at 4906 Eastman Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Respondent is MAUREEN T. COULSON, formerly FOX, who resides at 11 East Shady Lane, Enola, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were divorced from the bonds of matrimony by a Dauphin County Decree dated the 8th day of May, 1992. 40 The parties have three (3) children born to the marriage to witl Raymond Mo, born October 6, 1984/ Brittany N., born october 16, 1988/ and Daniel C., born May 29, 1990. 5. Respondent and the parties' children have resided in cumberland County within six months prior to this action, therefore, Cumberland County is conferred with "home county" status pursuant to The Uniform Child custody Jurisdiction Act, 23 PaoC.S.A. 5344 (a)(ii). 6. A certain Divorce Settlement Agreement dated April 22, 1992 was incorporated into the final decree in divorce. (Attached as Exhibit A) . . ~ \ ~ 1 ~ H 11 ~ 7. In accordance with the Divorce Settlement Agreement, Respondent was awarded primary physical custody of the children, and Petitioner was to have temporary custody of the children on alternating weekends from 6100 p.m. Friday evening until 7100 p.m. sunday evening and on one evening a week from 6\00 p.m. to 7\00 p.m. B. Since the entry of said Decree in Divorce, the Respondent has willfully failed to obey said custody provisions of the Marriage settlement Agreement as followsl a. Respondent has unilaterally abandoned this custody/visitation agreement and has not allowed Petitioner to exercise his one-hour evening temporary custody period since the summer of 1993. j ~ , ~ d , r i j f ~ d 1 ~ L b. As of september 17, 1993. Respondent has further denied Petitioner his right to have temporary physical custody of the parties' minor children on alternating weekends. c. Petitioner's last attempted visitation on October 15, 1993 at which time the Respondent refused to allow the Petitioner his visitation rights. 9. Petitioner requested his attorney to write a letter to Respondent warning her that she was in contempt of Court (a copy of which dated october 1B, 1993 has been attached hereto as Petitioner's Exhibit B). 1 L ~ !: :l 10. Petitioner's couneel scheduled a four-party conference in an attempt to resolve this matter, however, no acceptable agreement could be accompllshed. ii " I! DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT is made this ~;JljJ day of .L___, 1992, by and between RICHARD C, FOX, currently of Grantville, Lebanon County, Pennsylvania, hereinafter called "Husband", and MAUREEN T. FOX, currently of Middletown, Dauphin County, Pennsylvania, hereinafter called "Wife". WIT N E SSE T H WHEREAS, Husband and Wife were married on July 11, 1987 in Elizabethtown, Penneylvania: and WHEREAS, Husband and Wife are the parents of three (3) children: Raymond M. Fox, born October 6, 1984: Brittany N. Fox, born October 16, 1988: and Daniel C. Fox, born May 29, 1990. WHEREAS, differences have arisen between Husband and Wife, 1IS a consequence of which they have been living separate and apart from each other: and WHEREAS, lIusband and Wife desire to settle and determine all of their respective rights and obligations: NOW, THEREFORE, in consideration of the premises and cove- nants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall chooee or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from the inter- ference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt or endeavor to molest the other, nor in any way to harass or malign the other, nor in any othsr way interfere with the peaceful existence, separate and apart, of the other. Each of the parties hereto understands and agrses that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. Division of Real Property.. The parties acknowledge that they are the owners of a former marital residence located at 562 North Union Street, Middletown, Dauphin County, Pennsylvania, which property had been the marital residence of the parties. The parties further acknowledge that the property is under contract to sell, or articles of agreement to sell, said property to Belinda Johnston. Husband hereby transfers, sets over and assigns unto Wife a one-half interest in said real estate and in the articlee of agreement of other contract to sell to Belinda Johnston. From and after the date hereof, Husband and Wife shall equally divide all payments received from the said Belinda Johnston under any such articles of agreement or contract to sell 2 with regard to such real property (to the extent any such payment exceeds the regular mortgage payments, taxes and insurance with regard to such property). In the event Belinda Johnston chooses to refinance and acquire legal title to the real property, the parties shall share equally the net proceeds upon such refinancing and payoff of the balance under the articles of agreement or contract to sell. Husband hereby agrees to and shall indemnify and safe Wife harmless of and from any and all claime, demands, suits, actions or causes of action arising from, directly or indirectly, Husband's failure to perform all of the obligations of a mortgagor, owner or seller of such property. In the event the said Belinda Johnston fails to perform any and all obligations as purchaser of the said property, the parties agree that the property shall, upon such default or breach by Belinda Johnston, forthwith be listed for sale by a reputable realtor regularly conducting business in the Middletown, Dauphin County area at a price to be agreed upon by the parties. Upon sale of the property, the proceedS of the sale, after deduction of all costs associated with such sale, including realtors' commission, shall be divided equally by the parties hereto. 4. Division oj Personal Property. Except as hereinafter provided, the parties hereto have heretofore divided between themselves all items of personal property, furnishings, household belongings and the like heretofore used by the parties in common. 3 The foregoing notwi thstallding, Husband shall return to Wife the family corner cabinot and Wife shall return to Husband the family cuckoo clock, 5. ~h!.g1!t!!. Wi fo ahall remain and be the solo and exclusive owner of a certain 1983 Camaro automobile currently titled in Wife's name alone. lIusband shall be and become the sole and exclusive owner of a 1977 Chevrolet Blazer, a 1976 Datsun 710 automobile and a 1966 Chevrolet Caprice automobile heretofore titled In the names of Husband and Wife jointly. Wife shall execute any and all documents reasonably nece3~ary or required to transfer title to said vehicles to Husband's name alone, The cost of any such transfer, Including sales tax or other taxes (if any) shall be the sole and exclusive responsi- bility of Husband. 6. J9int DebtLilrul-QIU.i!lI!UQIlI. Husband shall hereafter be and become solely and exclusively responsible for the payment of a certain debt consolidation loan to Hamilton Bank, having an approximate balance of $1,700.00 and reqUiring monthly payments of $151.00. Husband shall also hereafter be and become SOlely and exclusively responsible for the payment of a certain Defense Activities Federal Credit Union loan, having an approximate principal balance of $1,678.00 and reqUiring monthly payments of approximately $150.00. lIulbllnd dOB8 hereby agree to and shall Indemnify and lave Wife harmleu of and from any Bnd all actions, claim., demandl, luitl, caUlel of action and the like, arising, 4 directly or indirectly, from or out of Husband's failure to perform each and overy obligation of tho borrower on each of the aforesaid loans. 7, Savings Account. The parties' Hamilton Bank savings account, Account No. 6895003857, having a curront balance of approximately $2,000.00, shall be divided equally between the parties hereto, and said account shall thereafter be closed. From his one-half share of such balance of said account, Husband shall pay to the Dauphin County Domestic Relationo Office the sum of $500.00 to be applied to arroarages owing on a child support Order docketed to 20 D.R. 1992, B. Custody and Visitation. Wife shall remain and be primary physical custodian of the minor children of the parties subject, nevertheless, to such reasonable visitation and periods of temporary custody by the Husband as the parties may hereafter agree. Husband and Wife acknowledge that reasonable visitation and periods of temporary custody will include children's visit with Husband from 6:00 p.m, Friday)-vening to 7:00 p.m, Sunday weekends; one evening per week from 6:00 evening on alternating p.m, to 7:00 p.m.; and a period of two weeks during the summer vacation period, said two-week period to be established by Husband's notice to Wife no later than May I of each year. 9. Child SUPPort, Husband and Wife acknowledge that Husband is currently the subject of a Support Order regarding support of the parties' minor children. Husband hereby agroes to 5 and shall contemporaneously withdraw any and all appeals that he has filed or intended to file concerning the Support Order entered on or about March 6, 1992 and docketed to No. 20 D.R. 1992 in the Court of Common Pleas of Dauphin County, Wife hereby agrees to and shall withdraw any claims that she may have in said action regarding spousal support for hersolf upon I~sband's payment of $500.00 as provided hereinabove in Paragraph 7, So long as Husband is not in default under the terms of this Agreement and is current in the payment of his obligation to support the children of the parties under the current Support Order or amendment thereto or replacement Order with regard to child support throughout the calendar year 1992, Husband shall be entitled to claim the parties' child, Raymond M. Fox, as a dependency exemption on his federal income tax return for 1992. Wife shall be entitled to claim the parties' children, Brittany N. Fox and Daniel C. Fox, as dependency exemptions on her federal income tax returns for 1992, and to claim all three of the children for all tax years thereafter, Each of the parties agrees to execute such documents as may be reasonably required by the Internal Revenue SArvice to give full force and effect to thie paragraph. In addition, Husband acknowledges and agrees that, in the event any of the parties' children determine to pursue post- secondary education of any kind, Husband shall contribute to and 6 , , pay such costs and expenses of such post-secondary education as he may be financially capable of doing at that time. 10. Medical/Dental/Eve Care Insura~. Husband shall continue to provide and maintain such medical insurance coverage, including hospitalization, medical treatment, major medical, eye and dental treatment, or equivalent coverages, for the children as is currently available through Husband's employment. In the event Husband's employer no longer makes such insur~nce coverages available for the children or does not make such coverages available without additional charge, Husband shall pay and be responsible for the payment of all uninsured or uncovered medical or dental expenses of the children and/or for the additional costs of such insurance coverages as Husband may. in the future, incur. This provision of the ^gr~ement shall be incorporated into and added to the Support Order regarding the children which is docketed to No. 20 D.R. 1992 in the Court of Common Pleas of Dauphin County. 11. Life Insurance. Husband shall maintain a life insurance policy as is currently provided through his employment so long as any child of the parties remains under the age of eighteen (18) and shall permanently and irrevocably deSignate the beneficiary of such pOlicy to be Wife, as Trustee for the parties' minor children. 12. Tax on Property Div~n. The parties hereby agree and express their intent that any transfers of property pursuant to 7 , . this Agreement shall be within the scope and applic:abi li ty of the Deficit Reduction Act of 1984 or other similar tax acts (herein- after the "Act"), specifically the provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. 13. Full Disclosure. Husband and Wife each represent and warrant to the other that he and she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. 14. Additional Instruments. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, car titles, assignments, consents, tax returns and any other documents, and shall do or cause to be done any other act or 8 . , thing that may be necessary or desirable to give full effect to the provisions and purposes of this Agreement. 15. Wlfe',-p~. Wife represents and warrants to Husband that 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 shall Indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 16. Husband's Debts, Husband represents and warrants to Wife that 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 responsibls and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 17. Waivers J2l._c;aa.W. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and rel1nqui shes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, Including wi thout Ilmi tatton, dower, curtesy, statutory allowance, widow's allowance, right to take in Intestacy, right to take against tho Will of the other, right to claim or seek equitable distribution of property, alimony, alimony pendente lite, spousal support, counsel fees or expenses, \J . , . .' and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all Instruments which may be necessary or advisable to carry Into effect this mutual waiver and relinquishment of all such Interests, rights and claims. 18. LegaLRepresentJLIJJm. Husband and Wife acknOWledge that Husband has been represented by Randall K. Miller, EsqUire and that Wife has been represented by Bruce F. Bratton, Esquire. Each has had the opportunity to review this document with his or her attorney and acknowledge that each fully understands the legal impact of this Agreement, and further intends to be legally bound by the terms of this Agreement, 19. Voluntary Execution. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 20. Action in Divorce. Wife acknowledges that Husband has commenced an action in divorce under Section 3301(c) of the Pennsylvania Divorce Code in the Court of Common Pleas of Dauphin County, docketed to No. 4506 S 1991. Husband and Wife each agree to execute Affidavits of Consent to the entry of a Decree in Divorce to be filed In such divorce action. In the event a Decree in Divorce is entered, the terms of this Agreement shall 10 , . l . . . I . I .. , be incorporated in such Docree and shall not be modified or affected by such Decree. 21. Entire Aqreement. Thls Agreement contains tho entire understanding of the partles and there are no representations, warranties, covenants or undertaklngs other than those expressly set forth heroln, 22. Modification and W~iveI. Any modlfication or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of elther party to insist upon strict performance of any of the provisions of this Agreement shall not be constl~ed as a walver of any subsequent default of the same or eimllar nature. 23. Governinq Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. Independent Separ~te Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and lndependent covenant and agreement. 25. 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, C'ondi- tion, clause or provision shall be stricken from this Agreement, 11 'b ~.~ 1/ .;.",. f ~J S,/ l ,. I! IS N fQ .If i5 !'Ii"'::! Y R. '" -oj :\; "'.. ., ~.~ *I;,' , ; 1l. .d. li.~ J 'lili;~ , t .ilt", ,,1"- '+~ iJ D , . ~ ,. 1(1I11IN!.tlN ,\NII OIIl^llll' I\IIIIM'<II' '"'' (..."...',1111111' \1 1\1\ !I,() """ lI'lI II IIllll,IIIIl!, \'1 """ 1\ \"" I "" '\ '" CEflIlF lED I RU! MJ(1 ,(()I HtI'C I COpy I I II r Ii il I! 'i I: 'i . . RICHARD C. FOX, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I vs. I I I NO. 94-3511 MAUREEN T. FOX, I I Defendant. I CIVIL ACTION PROOF OF SERVICE I, Gerald S. Robinson, Esquire do hereby certify that on the 25th day of July, 1994, I caused a true and correct copy of the Petition for Contempt of custody/Visitation Agreement and Order to be served upon the following counsel of record by depositing same in the United states Mail, certified mail, return receipt requested, postage pre-paid, in Harrisburg, Pennsylvania. Proof of Service is evidenced by "Exhibit One" (attached). Maureen T. Coulson 11 East Shady Lane Enola, Pennsylvania 17025 Respectfully submitted, By (1 l~~ Geral~bl~s~~~e ROBINSON , GERALOO Attorney 1.0. No. 27423 4407 North Front street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 II il i / I .' I ! SEP t 9 19~ It- \, I' I IN THB COURT OF COHHON RICHARD C. POX, plaintlll I PLBAS 01' CUHBBRLAND ) COUNTY, PBNNSYLVANIA VS. I I NO. 94-3511 CIVIL TBRH , I HAURBBN T. COULSON I (forMerly Hsureen T. POll I I Defendant I CUSTODY QIIlII AND 1lOV, thh I 'f' day of ~lc.,(... ,1994, upon receipt of the conciliator's report, it appearlnQ that the partiea have aQreed to the ter.s and provislona of this order which was dictated In their presence and approved by theM and their counsel, we hereby order as follows 1 1. I,egal custody of the IIIlnor chlldren, MaYlKlnd H. Pox, born October 6, 1984, Brittany N. Pox, born October 16, 1988, and Daniel C. Fox, born Hay 29, 1990, shall be shared by their parents, the Plalnliff, Richard C. Fox, and lhe Defendant, Haureen T. Couhon. The parties Ihall cooperate wHh each other and with any parly providillQ care or education to the children wllh the exchange 01 intorMallon regarding the saMe. 2. PriMary physical cuslody of lhe said children 18 hereby awarded to their IKlther, the Defendant, Haureen T. Coulson, 3, The tither ot the children, Uchard c. Pox, shall have and enjoy the lollowlng periods of teMporary custodYI A. Alternallnq weekends lro. Saturdsy al 9100 a.lII. until Ounday at 0\30 p.M., 1!llIIIIlslIClng on Oaturday, 8eptelllbllr 1'1, 1994. COMenclng on Friday, Ootober 28, 19'J4, thl! falhl!l"u 11Il1'Iods of tl!lIIporary cuntlldy on allernatlng weekends shall llxl'and so lhey clllllllence at 6100 1'.11I. on Friday and conclude al HllO P,M, on Ounday. '~ i I I I I B. The following holidays, on an alternating basis, fro. 9100 a.~. until 7100 p.M.I New Year's Day, Baster, HeMorial Pay, July Fourth, and Labor Day, In the event that the father's scheduled holiday falls adjacent to one of his alternating weekends, the weekend nhall expand into the holiday so that he has the children for three days, C. B~ery Thankngiving Day fru. 11100 a... until 3100 p.m. P. Bvery Christ.as holiday irOll 4100 p... until 8100 p... on the ~4tb of DeceMber and fro. 10100 a.~, until 8100 p,M. on the ~5th of DeceMber. Notwithstanding any other provisions of this order, the MOther shall have the children every CbrintMas holiday from 8100 p... on the ~4th of DeceMber until 10100 a.M. on the ~5th of DeceMber, !: B. Por a period of two (~) weeks during the nUlllller IlOnths, to be exercised upon the father giVing the IlOther nixty (60) days advance notice, in writing, of his two (~) week period. 4, The parties are directed to connult with Richard L. Bieber, a psychologist, . for purposes of negotiating anll medlatiny any dlUerences they have, now or in the future, about custody and specifically to addrens SOMe of each party's concern about the parenting skills of the other and to attempt to enhance and improve their cOMunication skilis as parents of these children. The parties shall each conBultwlth Hr, Bleber at leant one time and shall consult with hiAl in the future as probleMS arise or as they may othervlse agree, 'I'he parties shall divide equailY the cost of Hr. Bieber's services, ~. The Ilrnv1sions of this order are not intonded to be permanent, particularly those provisions relating to the Christmas holiday and the sUlllmer period, The partlen anticipate that, aD their COMfort and confidence with each other improveD, the schedule 2 . Ii ,! " Ii ii " i! Ii , I I will be expanded Dr Dtherwise Modified by agree.ent, perhaps with the assistance of the .ediator described abDve, 6. At all tiMes when the children are in the father's teMporary custDdy, he shall i,avDid exposing Daniel to secDnd-hand sllOke Dr hDt spices or other substances which .ay I: aggravate Dr COMplicate his allergies. The father shall consult with JDan H. HontellD, i H.D., the child's allergist, fDr advice regarding the child's cDnditiDn and hDW tD aVDid aggravating it, In addition, the father shall provide separate beds for the 'children during the tiMes that they stay Dvernight at his residence. The parties agree ;i '!that they will use their best efforts to iMprDve cDMMunications abDut the children and ,any concerns either of the. have abDut the perforMance of the Dther with regard tD parenting Df the children Dr disciplining of the children. 7. The parties shall share equally in the transpDrtation Df the children for 'purposes Df i.ple~entlng this order. The father shall be respDnsible tD pick up the , ichildren at the COMMencement Df each Df his periods Df teMpDrary custody and the MOther 'shall be rssponsible to pick liP the children at the end Df each period of the father's i teMpDrary custody. By the Court, ~4.. tJ tL J. Gerald B. Robinson, Bsquire Attorney for Plaintiff Paul Taneff, Bsquire Attorney for Defendant - ee-~'('" I (\'"-.i..Q.A QI"/9'f. -,p ala 3 RlCIIARD C. FOX, ) IN TIIB COURT OF COMMON plaintiff ) PLEAS OP CUMBBRLAND ) COUNTY. PENNSYLVANIA vS. I I NO. 94-3511 CIVIL TERH MAUREEN T. COULSON ) (formerly Haureen T. Fox) I Defendant ) CUSTODY llmlY! AND NOW, this day of , 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as followsl 1. Legal custody of the minor children, Raymond H. Fox, born October 6, 1984, Brittany N. Fox, born October 16, 1988, and Daniel C. Fox, born Hay 29. 1990, shall be shared by their parents, the PlalntH(, Richard C. Fox, and the Defendant, Haureen T. . coulson. The partiee shall cooperate with each other and with any party providing care or education to the children with the exchange of inforlllation regarding the same. 2. Primary physical custody 01 the said children is hereby awarded to their mother, the Defendant, Haureen T. Coulson. 3. The father of the children, Richard C. Fox, shall have and enjoy the following periods of temporary custody 1 A, Alternating wcekends Irom Saturday at 9100 a.m, until Bllnday at B:30 p.m., commencing on Saturday, September 17, 1994. Commencing on Friday, October 28, 1994, the lather's periodS 01 temporary custody on alternating wcekends shall expand 60 they commence at 6100 p.m. on Friday and conclude at 8130 p.m, on Bunday. , B. The following holidays, on an alternating basis, from 9100 a.m, until 7100 p.m.: New Year's Day, Easter, Hemorial Day, July Fourth, and Labor Day. In the event that the father's scheduled holiday falls adjacent to one of his alternating weekendn, the weekend nhall expand Into the holiday so that he han the children for three dayn. C. Every Thanksgiving Day from 11100 a.m, until 3:00 p.m, D. Every Chr1stll186 holiday froll1 4100 p.m. until 8100 p.m. on the 24th of December and from 10:00 a.m. until 8:00 p... on the 25th of December. Notwithstanding any other provislonn of this order, the 1lI0ther shaU have the children every Christmas holiday from 8:00 p.m. on the 24th of December until 10:00 a.m. on the 25th of December. B. For a period of two (2) weeks during the summer months, to be exercised upon the father giving the mother sixty (60) days advance notice, in writing, of his two (2) week period. 4. The parties arc directed to consult with Richard L. Bieber, a psychologist, for purposes of negotiating and mediating any differences they have, now or in the future, about custody and spec If Icall y to address some of each party's concern about the parenting skills of the other and to attempt to enhance and Improve their cOllllllunicatlon skills as parents of these children. The putles shall each consult with Hr. BIeber at least one time and shall consult with him in the future as problems arise or as they may otherwlso agree. '~e parties shall divide equally the cost of HI', Bieber's services. 5, The Ilrovlslons of thio order ue not Intended to be permanent, p8l'llc\Jlarly those prOVisions relating to the Christmas holiday and the RUmmel' period. "he partleo anticipate that, aR their comfort and confidence with each othur Improves, the ocllf!dlllc 2 will be expanded or otherwise modified by agreement, perhaps with the assistance of the mediator described above, 6. At all tiMes when the children are in the father's temporary custody, he shall avoid exposing Daniel to second-hand smoke or hot spices or other substances which may aggravate or COMplicate his allergieo. The father shall consult with Joan M, Montello, M.D., the child's allergist, for advice regarding the child's condition and how to avold aggravating it, In addition, the father shall provide separate beds for the children during the times that they stay overnight at his residence. The parties agree tbat they will use their best eftorts to improve communications about the children and any concerns either of them have about the performance ot the other with regard to parenting of the children or disciplining of the children. 7. The parties shall share equally in the transportation of the children for purposes of implementing this order. The father shall be responsible to pick up the cbildren at the commencement of each of his periods of temporary custody and the !lother . shall be responsible to pick up the children at the end of each period of the father's temporary custody. By the Court, J. Gerald B. Robinson, Esquire Attornsy for Plaintiff Paul Tanett, Boquire Attorney for Detendant sla 3 ~ RICHARD C. FOX, Plaintiff/Petitioner, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-3511 CIVIL TERM I I . I I CIVIL ACTION - LAW IN . CUSTODY v. MAUREEN T. BAER, (formerly Maureen T. Fox) Defendant/Respondent. NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an ordor of Court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or ob1ections. Whether or not you file In writing with the Court your defenses or objections, you must appear in person in Court on , at .M., in Courtroom , at -;-Cumberland, pennsyl vania. IF YOU DO NO'!' APPEAR IN PERSON, TilE COURT MAV ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with order for custody' you may be found to be in contempt of Court committed to jai , fined or both. its and NOT SET YOU SHOULD TAKE THIB PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FORTH BELOW TO FIND OUT WIlERE YOU CAN GET LEGAL HELP. OFFICE OF TilE CQUR'l' ADMINISTRATOR COURTIlOUBE, 4TIl FLOOR CARLIBLE, PENNSVLVANIA 17013 (717) 240-6200 BV THE COURT. J, + . RICHARD C. FOX, Plaintiff/Petitioner, v. I IN TilE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSVLVANIA I I NO. 94-3511 CIVIL TERM I I I I I CIVIL ACTION - LAW IN I CUSTODY MAUREEN T. BAER, (formerly Maureen T. Fox) Defendant/Respondent. ORDER OF COURT AND NOW, upon consideration of the attached P.etition for Contempt, it is hereby directed that the Parties and their re8pect1ve counsel appear b~fore the Conciliator, I~w I bfl:1,v , on the ,/L day of ( , 1996, at It,/(! (\c. .m., at .' ,'" . 'L- , PennsylvanIa, for a re ear ng us 0 0 erence. such Conference, an effort will b~ made to resolve t e issues in dispute; or if this cannot be accomplished, to define and narrow the issue(sl to be heard by the Court, and to enter into a Temporary Order. A 1 children age five (5) or older shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary of permanent order. For the Court Date of Order I ql' '1/ Ir;, I L' Byt t' ' h l:'~ f1l/',f'~<1.J ~t; us ody on L1a or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PENNSVLVANIA 17013 (717) 240-6200 II ,.~ FilJDO-nrr. l.H 1! " ;" ~ ! ~.... ;' ""I':ny %,ltJ!."U f,i :JllfJ GUI.,,:, " 1;r.:t~,\M;;\!j:',',il " ,,\,\ ,". ":v 7'1 4' ad. """1. ",;..!ltI i, dJ I'..J...- .y ~ ,.t."t, ~ IU~~' Jt1 ~ 7 ''ItJ~ fi/ ~w ~~.. )1I,,&i~ ~ ' . v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSVLVANIA I I NO. 94-3511 CIVIL TERM I I I I I CIVIL ACTION - LAW IN I CUSTODY RICHARD C. FOX, Plaintiff/Petitioner, MAUREEN T. BAER, (formerly Maureen T. Fox) Defendant/Respondent. PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Richard C. Fox, by and through his attorney, Michelle B. Stokes, of Robinson & Geraldo, and files the following Petition for Contempt and in support thereof, avers as followSI 1. Petitioner is Richard C. Fox, Plaintiff in the above-captioned matter. 2. Respondent is Maureen T. Baer, formerly Maureen T. Fox, Defendant in the above-captioned matter. 3. The Parties hereto are the natural parents of the following minor childrenl Raymond M. Fox, born October 6, 19841 Brittany N. Fox, born October 16, 19881 and, Daniel C. Fox, born May 29, 1990. 4. Petitioner and Respondent were divorced from the bonds of matrimony on May 8, 1992. 5. Petitioner and Respondent attended a Custody Conciliation Conference on September 7, 1994, in front of Samuel L. Andes, Esquire, at which time an Agreement was reached and an Order was subsequently entered on september 14, 1994. See Exhibit "A" attached hereto and in~orporated herein. :i 1 I ~ ~ ~ ~ 1 II 6. The Order of september 7, 1994, award the Parties shared I ~ legal custody, with primary phyaical in Respondent and partial I custody in Petitioner as specifically set forth. I I, 7. Pursuant to Paragraph four (4) of the order, the Parties i: I were to consult with Richard L. Sieber, a psychologist, for the " I' :! purposes of negotiating and mediating any differences they may have. " ij " B. Petitioner believes and therefore avers that eignificant " problems have occurred with regard to the current custody arrangement. Ii ! 9. Petitioner believes and therefore avers that Respondent has informed the Parties' child Raymond, that Petitioner adopted Raymond, thus causing Raymond to become upset to the point that he no longer wishes to visit with Petitioner. 10. Petitioner believes and therefore avers that Respondent has indicated that she will not have Raymond ready to be picked up at Petitioner's scheduled custody periods. 11. Petitioner believes and therefore avers that Respondent frequently refuses to allow Petitioner to have custody of his children on his scheduled weekende if he does not arrive to pick up the children exactly at 6100 p.m. on Friday. 12. Petitioner believes and therefore avers that Respondent will not allow Petitioner'a fiancee, Anita Marley, to pick up the children on the occasions that Petitioner is unable to arrive at the scheduled time at 6100 p.m., thus causing Petitioner to be unable to have custody of his children on those weekends when he is unable to personally pick up the children at 6100 p.m. on Friday. II Ii II ii II II !I II il 'I Ii II Ii " I: 13. Since Petitioner's work schedule does not coinoide with the office hours of Richard L. Sieber, the psychologist named in the september 14, 1994, Order, Petitioner attempted to resolve these matters without involving the Court by way of a letter dated May 22, 1996, indicating that he wished to consult with an alternative psychologist. See Exhibit "B" attached hereto and incorporated herein. 14. On or about May 24, 1996, Petitioner's counsel contacted Respondent to inquire if she would be agreeable to consult with an alternative psychologist. Petitioner's rounsel indicated to Respondent that Petitionor had suggested that the Parties consult with Dr. Hazel J. Brown, located at 545 st. John's Drive, Camp HJll, Pennsylvania. Respondent replied that she would have to check the credentials of Dr. Brown. Ii 15. As of the date of the filing of thJs Petition, Petitioner has not been contacted by Respondent ~Ii th regard to the PartieB consulting with Dr. Brown. 16. Since the entry of saJd Custody Order, Respondent has willfully failed to comply with the custody provisions as required by this Honorable Court, in epite of the fact that Petitioner has been and continues to be physically able to comply with the terms thereof. Specifically, Respondent has violated the custody Order aB follows I a. Refusing to have Raymond available for Petitioner'B scheduled custody weekende. ~ ~ ~ !i b. Refusing to attend counseling with Petitioner. c. Refusing to keep Petitioner informed of the children's educational or medical status. 17. There is no reasonable or justifiable basis for Respondent to withhold custody of the minor child. lB. Petitioner has not indicated in any way that he did not want to exercise his periods of partial custody. 19. Due to Respondent's willful behavior, Petitioner has been unable to have custody of the minor child Raymond, as stated in the Custody Order. 20. Petitioner believes and therefore avers that Respondent has no intention of complying with the terme of the custody order dated september 14, 1994. 21. Petitioner believes and therefore avers that Respondent has acted directly contrary to the dignity and authority of this Court and has acted in direct defiance of the aforementioned Order. 22. Petitioner believes and therefore avers that Respondent'S actions are in direct contempt of thia Order. 23. Tho actions of Respondent have already compelled and will continue to compel the Petitioner to expend large amounts of time and money in the pursuit of the rights previously granted to him under the Order. 24. Petitioner has incurred attorney's fees, as of the filing of this Petition, in the approximate amount of $600.00 attempting to have Respondent comply with the Custody order, to Witl letter dated i, Ii Ii ,I Ii Ii May 22, 1996, numerOUB phone calls made by Petitioner's counsel, and preparation of the Petition for Contempt. See Exhibit "B" attached hereto and incorporated herein. 25. Petitioner will incur additional fees associated with said Petition for Contempt in the approximate amount of $750.00. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order adjudicating Respondent in contempt of Court and grant the following I A. That Respondent permit Petitioner to exercise his custodial rights pursuant to the September 14, 1994, Custody orderl i ~ I i' ii ii r il Ii B. That Respondent be ordered to comply with all terms of the September 14, 1996, Custody Orderl and C. That Petitioner be granted reasonable counsel fees and costs in the amount of $1350.00 for having to bring this action. Ii II ii I Ii Ii il " H Respectfully Submitted, Br d~~~ - M c'tr<<~~es, Esquire ROBINSON & GERALDO Attorney 1.0. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg! Pennsylvania 17110-5320 (717) 232-u525 Attorney for Petitioner Ii , Ii II 'I II Ii 'I I, II II , t~~ i'J I' k. L..;' tJ~*', ~tIK;( , of/,If" : ...1'." ,"'.. ;~'\-:-'~? j .~ (\ ., SCPo ,I i,;.:/i.14 )'t~, ' ' 'i,'; ~-l;~;' ~ ..y~~:~J ;, if'~~f>1, ~ " ~:.;. i., :, IN TIIB COURT OF COMMON'" PLEAS OF CUMnBRLAND~11 COUNTV. PIlNN8VLVANIAl\ h,~ .J_y. NO. 94-3511 CIVIL TBRM , .RICHARD C. POX, Plaintiff I I I I I I I I va. , 'I :1 lmURBBN T. COUL80N I; (tormerly Haureen T. Pox) Defendant .f~ . ;.:~I . <~' r; .~,\~ I . :) , '~ this 1<+:(.1, day 01 's"J,t..,C""... 1994. upon 'rocolpt of tllo ~'" report, it appearing ~hat tho part~eD havo agreed to the terms and '~l>_';';':'" a'~' thlo order \lhlch \laD dIctated In thoir proDonco and approved by them an ~'J.I ~#'l"lii 1, .'-1' ,'il~;' ,tc I ';It. 1. Legal custody 01 the minor children, Raymond H. Pox, born October 6, 1984"." CUSTODY 1; II " ji I II II AHD NOW, ; I conciliator's Ii "proviaioDa of QR.I!R& ,their counsel, ve hereby order an follO\lOI " ;'Brittany N. Pox, born October 16, 1966, I' , "'" j and Danlol C. Pox, born Hay 29. 1990, shall~be ;'.,,'t )1. :. -"-'J : shared by their paronts. the Plaintiff. Richard C. Fox, and tho Dofendant, Hauroen,,1~,~~i,~ !~,~r~ .:' Coulson. The parties ohall cooperate \lith each other and \lith any party providinQcarilt ! !~: i ',H ,1 'or education to the children \11th the exchange of Information rogardln9 the Dame. .'.' " 2. Primary physical custody of the said children is hereby a\larded to their , ,~. . 'mother, the Defendant, Maureen T. Couloon. 3. The father of the children. Richard C, Fox, shall have and enjoy the follo~ing periods of temporary cuotody: A. Alternating veekendo from Saturday at 9100 a.m. until Bunday at 8130 p.m., commencing on Gaturday. September 11, 1994. Commencing on Priday, October 20. 1994, tile father'n perlodo 01 lemporary cuotody on alternating veokends shall expand 00 lhey commenco al 6:00 p.m. on Friday and conclude at · 0130 p.m. on Dundav, jt' ,1. bhlblt .- II. "ho 10110\1111') holl,I,1)'IO, Oil ,111 ~llol'lInllllq h.lOlo, from 'JIOO n,m. unlll 7100 \I.m,: Nn\l Yn,lI 'n D.l\'. !:ilr.l.or, tlnmorlnl I\ny, July Fourth, Mid Labor Day, In the event lhnl tho (ather's achedulod holiday [alIa adjacent to one of h1& allern,1l1nq \loekundn, lhe \leekond ohnll oX\lnnd Into tho holiday ao that bo has the chlldron lor throe daya. I ,i Every Thankoglvlnq Ilay Irom 11:00 IIntll 3100 C. atm. p.m. ; D. Every Chrinlmao holiday from 4:00 p.m. untH BIOO \I.m, on tho 24th " i' I, II of Docembor and (rom 10:00 a.m, IIlIllI B:OO on tho 25th o[ Decombor. I, p.m. " I Notvlthltandl1l9 any olher provlolollo o( thlo ordor, tho mothor ahall havo the children overy ChrlDlm,lll holld.1Y Irom 0100 p,m. on tho 24th of I\ecember until 10100 a.m. on tho 2~th o( I\ecemhor. E. POI' a porlod o( 1\10 (2) \leeka during tho aummer montho, lo be I ~ <;1 " ,,' i' i ;\.~ .,.'.,. " ,:r?~,_ ~ ~ '!i'/~"Jl ~ ._ if.h""i'i 4. The parlier. arc dlrecled 10 cOllnull lI1th Richard (" Bieber. a paycholoq1at'~";:'4'i.f.~ 'i;'\'i~'t>ft I,li for purposea of nogol1alinq nnt! ml'di.111IIlJ any dllloroncoD thoy have, nOli or In the ,;..~ exercised upon lhe (alher giVing tho mother sixty (60) daya advance notice, In vritlng, o( hiD t\lO (2) \leck period. 'I , futuro, about custody and speclllr.l1ly to nddre/ls nome of each PUly's concern about tho parenting Dkllln 01 tho olher And to altempl to enhance and Improve their t/~_: 1,:( 1, ! . 'I' comnlunlcatlon okllln an parl'lItn of thenI' chi I 1I1'I'n , "11f! parllen ahall each consult \11th' .". ,( ""\"\ ,I. ';?:'~t-( HI', Bleber at leaol on!' time ,11111 1~1I,111 conDuit \lllh him In the futuro aa problems arise';"l p,; . or as they may other\llne ~qrl'l', The partieD oh~ll divide equally lho cost o[ Hr. It, .~~:\ 1~~S/4~t ~. The (ll'ovllllono of llli!, 0""" ill" not IlIt!!l111011 to ho purmanent, partlcula;;{;I':';~J lhoso (llovlBlolIO rl'l alt 11'1 lo I Ill' Chllo!""'" hollllay olld the numlnel' perloll. The (lartleD;;X,i;:~ ,.dA>!' anticipate thal. ,If> lhell' comforl '1"d l'fllIII dl'IICI! \11th enclI othor Im(ll'ovoo, tho schndllle',:~'/! 8leber's sorvlces. . , ~'l.}~t"; ;.:flt';~ ',f ~'" , ~ ~i ,_ '. . I "" \ ", "J~~~':': " --ft', .1'r{. 'A:"j, !,:" V:.'\-f" , '.i u .' '~ I'! J!mediator doscribed above, , " bo expanded or olher\lloe modlliud by a~ruumulIl, Ilorhaps \lith tho auhtance of the I;:; I t~ t~\ , 'i,~) ,1' . -;titl " ., , " he shell' \"-" . .. 'l,'t ,'.,. .' Daniel to oecond-hand omoke or hol oplceo or othor substancea wbich.. the chUdron are 11\ lhe (olher's temporary custody, IJ'\,j' , ::~!:i 6. At all tlmos \lhol\ ti~~' : 1+:/:11 avoid oxpoo1ng ~~ :.f l,lj, . ,'- h~ l,' 'rfli 'jl:~ggravato or cOl1lpl1cato his allorgieo, Tho (athor shall consult \l1tb Joan H. Hon~ml :H.D., the child's allergiBt, tor advice regarding the chUd's 'condition and bow to')". ' .,,-, r :' ,. ,!~. t~vOi'd aggravating it, In addition, tho father shall provide separate bed. for th',~1 )~i,l'dren during the times that they otay overnight at hiB residence. The parties )l~~ lr. . \, i :,tbatthey will use their bost ottorts to il1lprovo communications about the children "all ",'if; "" . " :'-~~ . "I .' " il' ~ ,i'~\DY concerns e1thor of them have about the performance of the other vith regard to\{' '"f " iparenting of the children or dioclpl1ning o( the children, ',}iJ;;',? The parties shall oharo equally in tho transportation of the cbildren for Il"", 'JP~'''''' ~p~rposes of implomontlng lhls order, :Iv, , ,.,\i.'f:' ,.~ '{;J~"cbildren at tho commeDcement ot oach of hin periods o( temporary custody and the .otber f'; ,,;, shall be reaponoible lo pick 011 lho children at lho end o( each period of the father's - ,'i:,:r:;:' _.' I1t~'(temporary custody, "i';~.:, 1'11"!';';'-\ it "";'~l' . t;i,~._.. : ~"-l'.', ~'I"':,:,; i~\~)., ga\l,!.! ~\\'i, It;': 'm" 0, Oobl"" , 0.,0'" ~J,' Attorney tor Plaint1U :O,'!. "" Paul ~'allOff, Eoquiro ~~:) Attorney for Dotondanl The tather ahall be rosponsible to pick up the , "',. " ~:., ':'1' ; ,:..,j' Oy the Court, ,I, " i:t . ~': I ~/ ~N, ..:, a .)~"o.l4I '\' ,( .J. ,~'~!I ,",:!~, . "p;, Ir1 sIa lI'!Ir '':'il'" FP.O~~ RF.CORO 1'1 I '" "T I,' "II rolll my hand , I,' " . ,,', ' C I' I P IeoIIlU II: ~.\ '. Ul .:.\.. "',,'':'. IJI fJ( It 6j 8. Ihi~ 11'''' 1101'( of ~~/4,.~ 19..~l..~ .. "......,.,,'!"J}'~h~~,.. ((, ,lJ :~V1...,\o{,"_..... .,L\ ,rl. ProlhDflolory , ';I I, ',<' ) . ----- --- - . - . i&- ,'~., t!~~'r>'" '. '. ,I\; ',j,_,' '\ ;;;,(' ~~ ; r,l:'l; 1t(: 'f ~ :,." ! _ J ~. .. I_t,~t.;,', . 1"1" '1- tl:_',~. .. tV,,,.y:~'E I,' I, ',' -:, ~ '\'L . ~~--' . ',', \ ,,' ". ". , '.: 'i: ,~.; ., i;:~/: _', -, , :, i ti:'f-- "_f' ':1' ~ I, t ,_ ., 1; I: .. ': lilk;'It'.~?,;::I~ r't:~..;:::;~: ',:; "if! . 'I,:" ,I, i.( ;}~),. . ',:)~-,"-. L'/i..\~~.,,~., ,:l'f-..rl'!!,:' ;" '\?f~~*~l;:: :' , :'_{~rtil'~~I~\ ' j;,l,!;J~"1.':::-';, I .1" ~'.>", ,.:t~Jll~fri'" . 1,II"f,! 'fil','" Hnr !':t!f~/'-! ;r~'-\ ~_ "'} ',' j,\: "i':: i-'-,f~;'/' ~j,,- '",~!- . {~c.,r:l'f.~ ifr" , IJ,,~i:' 1';Yl:Wf,I '.....I ROBINSON &.. GE.RALDO .J "\"','~' ( t'll. '- - !j( If;l n.'" "," ,l-.:t. " . .:',', "Ii; " " ;:.f ~; I \ , ;\,; "i'#- Jil.l.:'A ,14,:" .'lO, r " " j ~ \ f\ ' ;1 '. , i "- "__ . T ~ -..1. ~u.~ ( '__ "",,' I ',' ^I1OHNn\ ^I l^11 Pm.l (J1l'lo 11111 !,:I;'t) Il,I'II',llIlllJ 1",tll''.jl.,j!lI,1 11l1(j'd;'O ,'".,',1..", Il,.,..jhol<' Hlll Il,tllill'I"I~" It.,.. 1..'''1 I'^ I/llLl V."WlQlon, DC !lID 1'eMIiM"'" ,"", st, Wolh'''II'''", DC XJOOl (i'02) !,u 2MU 1'.",1"''''.,.0..1 1"'1,1'" 1.\ t",ll ,'II' '1/ '!'j ,tl!I.'I,'II',,", Mil Y 22, 1996 VIA FAX AND 1'1 HS'!' CLASS MAli, Paul Taneff, Eaquire RICCI & TANEFF 4219 Dorry Stroet Harrisburg, Ponnsylvania 17110 RUI Richard C. Fox vs. Maureen,T. Coulson NO , 94 - 3 5 U . Dear Mr. Tanoffl Mr, Fox contactod mo yestorday duo to tho fact that there are numerous outstanding Issues in this mattor. My client has indicated to me that nolthor Party has attendod a counseling session with Richard L, Slobor, as roqulred In tho Septomber 14, 1994, Order of Court, Duo to tho fact that Mr. Slober does not have evening or Saturday hours, it is closo to imposaible for my client to be available for a ses8ion, Therefore, we are requestJng that tho Parties mutualiy agreo to IIttond counseling with anOther counsolor who is morn accessiblo. Additionally, Mr, Fox hilS boon Informod by your client that he may not havo his mother pick up tho childron on the occasions that ho is returning late [rom work. Mr. fox's mother has picked up the children numorouo timoo In tho poot and we are at a loso liS to why this 10 II problom now. DUD to tho fact that Mr. Fox is a truck drlvor. thoro lire occllsions whon ho is not available lit 61~0 p,m" buL will roturn home soon thereafter. Spocifically, ploaso noto that Mr. fox will pick up the children this Friday, May 24, 1996 lit UIJO p,m. lIopofully, the Parties can be floxiblo with tho pick up and return tlmoo, as all custody agroomonts can bo modified. Lastly, thero is a problem with tho cuutody with regard to the child Raymond. According to my cliont, your client informed Raymond that ho was adopted by Mr. fox. Sinco that time, Raymond has refused to soo Mr. fox, PloaRD inform your client that it io hor obligation as Lho primary custodial parent to make sure that all of tho childrcn arc available for Mr. Fox's cuatodi/ll porioda, Also, your cllont haa Indicated to Mr. Fox that sho iu intorostod in having hor currant husband adopt Haymond, I'loalle indicato I [ Lhlu lu trill! ilnd i [ any nocosaary stops havo beon taken. ..- ' "I " ~' ' . ':1',\:) ,~}( '. , f" \ . ...~: " Ii,',' ",. " , ~~i1,F ROBINSON &. ~iL.,. ~:~~,A'_ ,_... AU' I .. " I II II a I f""-,W' Mr. Fox May 22, 1996 page two G GERALDO ..) , .' III' II II., '. ______ "0"'4' Thank you for your Attention to this matter. Please contact me after you hAve had an opportunity to converse with your client. We are hopefully that theso issues CAn be resolved without the nood for A custody hearing. Slncorely yours, ROBINSON' GERALDO ..w:>-~"" ' "{'MBS I jmm A' ' 'CCI R. FOil '''':'':''',-' ~'\j;'''''' ,~r~}' ';' , ~.' ;', . B )~';i,kdl 2~:~w MIchelle B. Stokes/ Esqu1re . -1.1.;" ~~ "l,' 1'1,- . ;, " '\t ; ,.,' ,~L"i"i , !tt ;'\,~,Jj1 ,.I,./n 'c, .; ;-, t , , . ~,ii( ';!{"} 1 : '~'.' 1 '~ t ,.\ 3. The Father of the children, Richard C. Fox, shell have end enjoy the following periods of temporery custody: A. Alternetlng weekends from Friday et 8:00 p.m. until Sundey during the school year at 7:30 p.m.. and during the summer months and at any other times when school Is not In session on Monday, until Sunday at 8:30 p.m. B. The following holidays, on an alternating basis, from 9:00 a.m. until 7:00 p.m.: New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day. This alternating schedule will begin with Father having Thanksgiving Day In 1996. In the event thet the Father's scheduled holiday falls adjacent to one of his elternatlng weekends, the weekend shall expand Into the holiday so that he has the children for three days. C. For the 1996 Christmas holiday, from 4:00 p.m. until 8:00 p.m. on the 24th of December, and from 10:00 a.m. until 8:00 p.m. on the 26th of December. Notwithstanding any other provision of this order, the Mothar shall hava tha children every Chrlstmaa holiday from 8:00 p.m. on the 24th of December until 10:00 e.m. on the 26th of December. Thereafter, the Christmas holiday will be divided Into two ..,. ('I !'.: f ',~ C " .. .;d~ ~"l 0' '),'1 ~t ltT! ft., ~, ; .j t~i ~ :. U\ ''J fl' I J f;& Ii! , D .~ t;J J;:,. I It. Il; I I " :.J ~; (tl 1,.1 segments, Segment A being from 12:00 noon on the 24th of Deoember until 12:00 noon on the 26th of December, and Segment B shall be from 12:00 noon on the 26th of December until 12:00 noon on the 26th of Docember. Father shell heve Segment A In 1997 and all odd-numbered years thereafter and Segment B In 1998 and all even-numbered years thereafter. Mother shall hava Segment A In 1998 and all even-numbered yeers thereafter, and Segment B In 1997 and all odd-numbered years thereafter. D. For a period of two (21 weeks during the summer months, to be exercised upon Fether giving Mother sixty (601 deys advance notice, In writing, of his two (2) week period. 4. The parties are directed to consult with Stanley E. Soh neider, Ed.D., of Guidance Associates of Pennsylvania, or whoever Is determined to be appropriate by Stanley E. Schneider, Ed.D., In his office, for purposes of negotiating and mediating any differences they have relative to the children. The psychologist Is mandated to meet with the children, and In particular Raymond, to reacquaint and re- establish the visitation scheduie between Raymond and his father. The psyohologist Is directed to determine what has ceused the failing out that has occurred and Is to make sure that the schedule Is ploked up as soon as possible. The parties agree that thay will submit themselves or their minor children to any counseling that Is deemed appropriate by Guidance Associates, and will continue In the mediation and counseling sessions In accordance with the schedule set by Guidance Associates. The partlos are dlrocted to submit the costs of these mediation sessions to eny Insurance then available to each one of them and further, will agree to each pay 60% of unrelmbursed portion of the costs of these sosslons. In the event the Insurance does not apply, each party will pay 60% of the costs of all sessions. The parties are directed Individually to contact Guidance Associates to set up the Initial meetings no later than 17 September 1996. 6. At all times when the children are In Father's temporary custody, he shall avoid exposing Daniel to second-hand smoke or hot spices or other substances which may aggravate or complicate his allergies. The Fether shall consult with Joan M. Montello, M.D., the ohlld's allergist, for advice regarding the child's condition and how to avoid aggravating It. In addition, the Father shall provide separate beds for the children during the tlmos that they stay overnight at his resldance. Tho parties also agroe that there shall bo no oxcossive use of alcohol whllo tho chlldron are In their respectlvo custody. The parties agree thet they will use their best efforts to Improve r v. JUNf 11)04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . RICHARD C. FOX, Plaintiff MAUREEN T. FOX, Defendant NO. 1994-3511 CIVIL TERM IN DIVORCE AND NOW this QRDER OF COU/ll 90 day of 2004, L{/ () '(I) f;)U j ;; upon consideration of the attached Petition, a hearing Is hereby scheduled for the day of (? L (J t (.1"1.- , 2004 at L" .' (il) o'clock -fL.m. In Court Room #-i- of the Cumberland County Courthouse. BY THE COURT, J. Dlstrlbutlon: Richard T. Fox (pro se) 602 East Keller Street, Mechanlcsburg, PA 17065 Scott A. Stein, Esquire (Attorney for Plaintiff) 3800 Markel Slreel, Camp HIli, PA 17011 .lr /h~t '/. () 1.,>1 7- . '. LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE 3800 Market Streel Camp Hili, PA 17011 (717) 591-,1755 RICHARD C. FOX, Attorneys for Petitioner Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW NO. 1994.3511 CIVIL TERM IN DIVORCE MAUREEN T. FOX, Defendant AND NOW comes the above named Defendant, by her attorney, Law Offices of Peter J. Russo, P.C., and petitions the court to enforce various terms of the Divorce Settlement Agreement between the parties dated April 22, 1992, based upon the following: 1. The Petitioner herein Is the Defendant, Maureen T, Smallets (formerly Fox), who resides at 714 Westwood Drive, Enola, Cumberland County, Pennsylvania. 2, The Respondent herein Is the Plaintiff, Richard C. Fox, who resides at 502 East Keller Street, Mechanlcsburg, Cumberland County, Pennsylvania. 3, The parties hereto are formerly husband and wife and were divorced by a final decree entered by the court on May 6,1992, 4, The parties are the parents of three children, Raymond M. Fox, born October 6, 1984; Brittany N, Fox, born October 16,1988; and Daniel C, Fox, born May 29,1990. 5. On Aprll22, 1992 the parties entered Into a "Divorce Settlement Agreement." A copy of the agreament Is attached hereto and marked as Exhibit A (herolnafter the "Agreement"). a. The Respondenl has failed to perform some of his obligations under the Agreement. Specifically: A. Paragraph 9, Child Support, on page a of the Agreement requires Respondent to contrlbute to and pay for part of the post-secondary education costs of any of his children who "determine to pursue post-secondary education of any kind." The oldest child, Raymond, has enrolled In and attended Harrlsburg Area Community College durlng the Fall 2003 and Sprlng 2004 semesters, and Respondent has failed to pay any portion of the costs after requests to do so. B. Paragraph 10, Medical/Dental/Eye Care Insurance, on page 7 of the Agreemant requires Respondent to maintain Insurance coverages for the children, or to pay the uninsured or uncovered medical or dental expenses of the children. Respondent Is no longer covaring Raymond who Is pursuing post-secondary education and would stili be eligible for health Insurance as a full-time student. C. Paragraph 11, Life Insurance requires Respondent to maintain a life Insurance policy on his life for the benefit of the child ran so long as any of the children are under the age of eighteen (18) years, and wife shall be named as the beneficiary of the policy In the capacity of Trustee for the children. Petitioner has not received any verlflcatlon that such a policy exists and Is stili In effact. 7. Respondent's failure to pay his share of Raymond's college expenses and to Insure him as a dependent has caused Petitioner financial hardship because she Is DIVORCE SETTLEM~NT AGREEMEN~ THIS AGREEMENT is -'" ,,~ made this ~~ day of 4.1 1992, by and between RICHARp C. FOX, currently of Grantvi11e, Lebanon County, Pennsylvania, hereinafter called "Husband", and MAUREEN T. FOX, currently of Middletown, Dauphin County, Pennsylvania, hereinafter called "Wife". WIT N E SSE T H WHEREAS, Husband and Wife I~ere married on July 11, 19B7 in Eli zabethtOlm, Pennsylvania; and mIEREAS, Hue band and Wife are the parents of three (3) children: Raymond M. Fox, born October 6, 1984: Brittany N. Fox, born October 16, 198B: and Daniel C. Fox, born May 29, 1990. \~HEREAS, differences have arisen between Husband and Wife as a consequence of which they have been living separate and apart from each other: and WHEREAS, Husband and Wife des i re to sett 1 e and determi ne all of their respective rights and obligationsl NOW, THEREFORE, in consideration of the premises and cove- nants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Separation. It shall be lawful for each party at all t1mes hereafter to live separate and apart from each other at such place as he or she from time to time ehall choose or deem fit. The foregoing provision shall not be taken as an admiesion on the part at either party ot the lawtulneu or unlawfulness of the cauees leading to their living apart. 2. InterfeI.lill~' Each party shall be tree from the intu- ference, authority and control by the other, as fully as it he or she were single and unmarried, except as may be neceesary to carry out the provisions of this Agreement. Neither party shall molest or attempt or endeavor to mole8t the other, nor in any way to harase or malign the other, nor in any other way interfere with the peaceful existence, separate and apart. of the other. Each of the parties hereto understands and agrees that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely againet the other party. 3. Division o I-Re a 1 Property. The parties acknowledge that they are the owners of a former marital residence located at 562 North Union street, Middletown, Dauphin County, Pennsylvania, which property had been the marital residence of the parties. The parties further acknowledge that the property is under contract to sell, or articles of agreement to lell, laid property to Belinda Johneton. I~eband hereby transfers, sets over and Bssigns unto Wife a ons-half interelt in said real estats and in the articles of agreement of other contract to sell to Belinda Johnston. From and after the date hSleof, Husband and \~1fe Ihall equally tUvlCle all \lllymentu received flom the BIIid 13sHnd. Johnston under any such articlsl of agreement or contraot to 1811 ~ \~1 th regard to such real property (to the extent any such payment oxceeds the regular mortgage payments, taxes and insurance with regard to such property). In the event Belinda Johnston chooses to rofinance and acquirs logal title to the real property, the partiee shall share equally the net proceeda upon such refinancing and payoff of tho balance under the articles of agreement or contract to sell. Husband hereby agrees to and shall indemnify and safe Wife harmless of and from any and all claime, demands, suits, actions or causes of action arising from, directly or indirectly, Husband's failure to perform all of the obligations of a mortgagor, OImer or seller of such property. In the event the said Belinda Johnston fails to perform any and all obligatione ae purchaser of the said property, the parties agree that tho property shall, upon euch defsult or breach by Beli nda Johnston, forthwi th be Ii sted for aale by a reputable realtor regularly conducting bueiness in the IHddletown, Dauphin County area at a price to be agreed upon by the parties. Upon sale of the property, the proceeds of the sale, after deduction of all costs associated with such sale, Including realtors' commiBsion, shall be divided equally by the pa rt! es horeto. 4 . R1Y1Ii1QlLQLP.~UQllilL_r.Um.!uly. . Except as hereinafter provldod, the partios hereto have heretofore divldod botwoen themselves all items of personal property, furniBhings, household belongings and the like heretofore used by the parties in common. 3 and shall contemporaneously withdraw any and all appeals that he haB filod or intended to file concerning the Support Order entered on or about March 6, 1992 an~ docketed to No. 20 D.R. 1992 in the Court of Common Pleas of Dauphin County. Wife hereby , agrees to and shall withdraw any claims that she may have in said action regarding spousal support for herself upon lIueband's payment of $500.00 ae provided hereinebove in Paragraph 7. So long as Husband is not in default under the terms of this Agreement and is current in the payment of his obligation to support the children of the parties under the curront Support Order or amendment thereto or replacement Order with regard to child support throughout the calendar year 1992, Husband shall be entitled to claim the parties' child, Raymond 11. Fox, as a dependency exemption on his federal income tax return for 1992. Wife shall be entitled to claim the parties' children, Brittany N. Fox and Daniel C. Fox, as dependency exemptions on her federal income tax returns for 1992, and to claim all three of the children for all tax years thereafter. Each of the parties agrees to execute such documents as may be reasonably required by the Internal Revenue Service to give full force and effect to this paragraph. In addition, Husband acknowledges and agrees that, in the event any of the parties' children determine to pursue post- secondary education of any kind, lIueband shall contribute to and 6 ,j pay such costs and axpenses of such post-secondary aducation as he may be financially capable of doing at that time. 10. Medical/Dental/Eve Care Insurance. Husband shall continue to provide and maintain euch medical ineuranco coverage, incl uding , hospitalization, medical treatment, major medical, eye and dental treatment, or equivalent coveragee, for the children as is currently available through Husband I s employment. In the event Husband's employer no longer makes such insurance coverages available for the children or does not make such coverages available without additional charge, Husband shall pay and be responsible for the payment of all uninsured or uncovered medical or dental expenses of the children and/or for the additional costs of such insurance coverages as Husband may, in the future, incur. This provision of the Agreement shall be incorporated into and added to the Support Order regarding the children which is docketed to No. 20 D.R. 1992 in the Court of Corrunon Pleae of Dauphin County. 11. Life Insura~. Husband shall maintain a life insurance poliCY as is currently provided through his employment so long as any child of the parties remains under the age of oightesn (18) and shall permanently and irrevocably designate the beneficiary of euch policy to be Wife, as Trustee for the parties' minor children. 12. TM...mLfropertv Divl1l.!Qn. The parties hereby agree and OXpl'OSS theil' intent that any transfers of property pursuant to 7 this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or other similar tax acts (herein- after the "Act"), specificallY the provislone of the said Act pertaining to transfers of property between spouses or former Bpou8ee. The parties agree to 81gn and cause to be filsd any electione or other documents regul red by the Internal Revenue Service to render the Act applicable to the tranefers set forth in this Agreement, without recognition of gain on such transfers and subjsct to the carry-over basis provieions of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. 13. Full Diaclosure. Husband and Wife each represent and warrant to the other that he and she has made a full and complete disclosure to the other of all aesets of any nature whatsoever in which Bueh party has an intereet, of the source and amount of the income of such party of every type whatsoever, and of all other facts rolating to the subject matter of this Agreement. 14. MdWQnA.LInstrumlilltft. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, car titles, assignments, consents, tax returns and any other documents, and shall do or cause to be dona any other act or 8 thing that may be necessary or desirable to give full effect to the provisions and purposes of this Agreement. 15. l'ilfe's Debts. Wife represents and warrants to Hueband that ehe has not and in the future she will not contract or incur any debt or liability for which Hueband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claime or demands made against him by reason of debts or obligations incurred by her. 16. Husband's Debts. Husband represents and warrants to \4ife that he has not and in the future he wi 11 not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 17. Waivers of Claims. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishee any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, inclUding \~ithout limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, right to cl~im or seek equitable distribution of property, alimony, alimony pendente lite, spousal support, counsel fees or expenses, 9 . ' and right to act as adminietrator or executor of the other'e estate, and eech will, at the request of the other, execute, acknO\~ledge, and deliver any and ell instruments which may be necessary or advieable to carry Into effect this mutual waiver and relinquishment of all Eluch Intereste, rights and claims. I lB. Leqal Representation. Husband and Wife acknowledge that Hueband has been repreeented by Randall K. Miller, Eequire and that Wife has been reprssented by Bruce F. Bratton, Esqul re. Each has had the opportunl ty to review this document wi th hi e or her attorney and acknowledge that each fully understands the legal impact of this Agreement, and further intends to be legally bound by the terms of thle Agreement. 19. Voluntary Execution. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement Is fall' and equitable, that it is being entered into voluntarily and that It is not the rBBult of any duress or undue influence. 20. ^~n in Divorce. Wife acknowledges that Husband has commenced an action In divol'Ce under Section 3301(c) of the Pennsylvania Divorce Code In the Court of Conunon 1'10118 of Dauphin County, docketed to No. 4506 S 1991. Husband and Wife each agree to execute Affidavlte of Consent to the entry of a Decree in Divorce to be filed In such divorce action. In the event a Decroe in Divorce tIl entaud, thll turns of thts AIlUllmunt shall 10 be incorporated in such Decree and shall not be modified or affected by such Decree. 21. ~ntire Agreement. This Agreement contains the entire underetanding of the parties and there are no representations, , warranties, covenants or undertakings other than those expressly set forth herein. 22. Modification and Waiver. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this AgreemE:nt. The failure of either party to insist upon strict performance of any of the provisione of this Agreement shall not be construed as a waiver of any subsequent default of the same or eimilar nature. 23. ~rninq Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. Independent Separate covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. Void Clauae!l. If any term, condition, clause, or provision of this Agreement ehall be determined or declared to be void or invalid in la\~ or otherwise, then only that term, condi- tion, clause or provision shall be stricken from this Agreement, 11 '. , ,., I ...r \J I" , ; Ill' ~\ I .. . li . I .... L>: , i ~..: I'. . (.' .....