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HomeMy WebLinkAbout94-04828 ,,' I,d I ,/ Illd , , I, '/,', n " , , " C;t " ii, 3 " ,\ , -7 ~ ~ (>0 ~ ()o =r i/ , , '" ( I I " " '<, " " " "I '" , ' FEU. U 12 32 ;';1 '95 " ; . i '.I ~ ::!'ij', , I I" /.:" ; I,I}. r " .'.f)' " " , , I' , , I I , "I I , , " , I 1 , , I " , 1-' ! ,I , , , , , '_0' 'il " " ,',id' , " , " " "1\ -1'1 :', J " " " , ' Iix_ ;~~::,:-_\';:(' ~,~J} f',',':-:iIJ~ X~:';~ . T f j1\)(' -i;Wp\:'" ,.", \11',\(, , '~(;6, ' ~'~ 'I' ,: 'Hi"_,, TU:-,," ,1 :'fi~ll., I~,f, i J ill. ~ ','II,. 1''',''-''- 'l"d';f".-",.........\U...-c.,,,,,,,,,,"k, "''''''_',''>-I'Ii-__'' ",~,........_,....",,"~' , , ~..+......."....l' ., r--'"" ,>~.. '~"'~*,""""""''''''P~'''," ".. ;~,.,~. ~.._""-~... :~", !:. , ., "e-'"" I, & # (t ./ .' " } . ,. 'l"l-'- .', ~1 . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT Made this .:n1l--day of :Sl4lUl.,1'11i! 7 , 1995 by and between Catherine M. Wolf (hereinaftor referred to as WIFE) and Steven M. Wolf (hereinafter referred to as HUSBAND); WITNESSETH I WHEREAS, the parties hereto were married on January l2, 1980 in Cumberland County, Pennsylvania; have been and are Husband and Wife; and as a result of this union, one child was born to witl Rebecca N. Wolf, born June 7, 1980, hereafter referred to as the "child" . WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen hetween the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support and/or maintenance of the wife, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows I 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS I This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intonded to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to the date hereof. The parties intend to secure a mutual consent divorce. 2. EFFECT OF DIVORCE DECREE I The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE I The parties agree that the terms of this Agreement shall be incorporated into any divorce decree whicl1 may be entered with respect to them, but shall not be merged therewith. 4. SEPARATION I It shall be lawful for each party at all times hereafter to live separate and apart from the other party as such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulnass or unlawfulness of the causes leading to their living apart. 5. INTERFERENCE I Each party shall be free from interference, authority, and contact 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 the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. WIFE'S DEBTS I WIFE represents and warrants to HUSBAND that since the date of filing for divorce on August 26, 1994, 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 harmless HUSBAND from any and all claims or demancs made against him by reasons of debts or obligations incurred by her. 7. HUSBAND'S DEBTS I HUSBAND represents and warrants to WIFE that since the date of filing for divorce on August 26, 1994, he has not and in the future he will not contr.act or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE I Subject to the provisions of this Aqreement/ each party has released and discharged, and by this Aqreement does for himself or herself and his or her heirs, leqal representatives, executors/ administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action from breach of any provisions of this Agreement. 9. DIVISION OF PERSONAL PROPERTY I (a) The parties have heretofore divided their personal property to their mutual satisfaction. Henceforth, each of the parties shall own/ have and enjoy/ independently of any claim of right of the other party/ all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE respectfully, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she ~'ere unmarried. All items of personal property shall be divided between the parties as provided herein: (b) Personal Effectsl All items of personal effects such as, but not limited tOI jewelry, luggage, sports equipment, hobby collections and books, but not including furniture or any property, personal or otherwise specifically disposed of pursuant to this agreement/ shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was given or for whom it was purchased, and eauh party hereby surrenders any interest he or she may have in any such tangible personal property of the other. (c) Intangible Personal Property (other than Life Insurance) I All stocks, bonds, cash, and sums on deposit in checking and saving accounts (owned by either or both parties) have been or will be divided to the mutual satisfaction of the parties. (d) Furniture and other Tangible Property I All furniture and other tangible personal property not disposed of pursuant to other paragraphs of this agreement shall be the property of the Wife. (e) Debts I The Husband shall be responsible for the CCCS loan and all existing joint debts and liabilities incurred by the parties up until the filing for divorce on August 26, 1994 except as otherwise provided herein. The Husband shall also be responsible for all existing debts and liabilities incurred in his own name both prior to and subsequent to the separation. Husband shall also be responsible for paying the back rent to Mr. Ralph Dietch in the amount of $50.00 per month until the $550.00 dollar balance is paid in full. The Wife is responisble for the monthly rent payment of $350.00 to Mr. Dietch. The Wife shall be responsible for all existing debts and liabilities incurred in her own name prior to the separation, and subsequent to the separation. (f) The parties further agree that neither will incur any future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereon. (g) Wife hereby waives any interest she may have in Husband's pension. Husband hereby waives any interest ha may have in Wife's pension. 10. AFTER ACQUIRED PERSONAL PROPERTY I Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intanqible, hereafter acquired by him or her, with full power in him or her to dispose of the sarne aa fully and effectively, in all respect and for all purposes, as though he or ahe were unmarried. 11. CUSTODY I Primary physical custody of the child shall be placed with the Wife. Legal custody of the child is to be shared. Husband shall have viaitation as mutually agreed upon by the parties. 12. COUNSEL FEESI Husband shall be responsible for wife's attorney fees and expensea. l3. DIVORCE I The part.l.es hereto agree to enter into a mutual consent divorce. HUSBAND agrees to pursue the divorce and to be the Plaintiff therein. WIFE agrees to sign the necessary documents, including an Affidavit of Consent and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. WAIVER OF CLAIMS I 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 shall 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 without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, 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. 15. BREACH I If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. VOID CLAUSES I If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall be valid and continue in full force, effect and operation. 17. herein are whatsoever parties. 18. ,;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 DESCRIPTIVE HEADINGS, 'rhe descriptive headinqs used fOI convenience only. They shall have no effect in dete4~ining the rights or obligations of the covenant and agreement. 19. ADDITIONAL INSTRUMENTS, Each of the parties shall from time to time, at the request of the other, execute, acknowledqe and deliver to the other party any and all further instruments that may be reasonable required to qive full force and effect to the provisions of this Agreement. 20. APPLICABLE LAW; This Agreement shall be construed under the laws of the Conunonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and aS8igns. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this , , , . AIJreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or l!Iimilar nature. 24. WAIVER OF RIGHTS I The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 25. EXECUTION OF DOCUMENTS, Both parties heroby agree to execute any documents required to implement this Agreement. 26. FINANCIAL DISCLOSURE' The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. " FEU ~ 114 .'ill '95 ,', " '1,( ",\ " ;', 'I I 'I 'I " " ," , , " ,', /1; ,,. , ',':. " I" :,' ,?111 I' , " 'I , I, " ') , I> " ;J, ", , , 'I . " I, I,' ':, ) ....1 " " " " ~ "~-"'--;-,_..,'I~""'''''~1~'''. _ , '\:1 , " , '-\1" --T"'""'" . \ I 'I' " , . I " .' I , .....'...._,. ",..,....'-I..I.~....~ ......l.............!.......'..'....'. " ~ " \~ " , . -'\1 ....-. " STBVEN M. WOLF, I IN THE COURT OF COMMON PLBAS OP Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I vs. I CIVIL ACTION - LAW I NO. q4- L/WJ.~ CIVIL 1994 CATHERINE M. WOLP, I Defendant I IN DIVORCE NO'rICE TO DEPEND AND CLAIM RIGHTS YOU HAVB BEBN SUBD IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You 4re warned that if you fail to do so, the case may proceed without you and a decree of divorce or ftnnulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IP YOU DO NOT PILE A CLAIM POR ALIMONY, DIVISION OP PROPBRTY, LAWYER'S PBES OR BXPBNSBS, BEFORE A DIVORCE OR AIOIULIIBNT IS GRANTBD, YOU MAY LOSB THE RIGHT TO CLAIM ANY OP TR8H. YOU SHOULD TUB THIS PAPBR TO YOUR LAWYER AT ONCE. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFPORD ONE, GO TO OR TBLEPHONB THB OPFICB SBT PORTH BBLOW TO PIND 0U'l' WHBRB YOU CAN GBT LEGAL HELP. Court Administrator, 4th Floor Cumberland County Courthouse CarliSle, PA 17013 (717) 240-6200 Arthur T. McDermott, Esq. ARTHUR T. MCDERMOTT & ASSOCIATES Fifty East High Street Carlisle, PA 17013 (717) 243-7807 STBVBN M. WOLF, I IN THB COURT OF COMMON PLBAS or Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I VB. I CIVIL ACTION - LAW I NO. CIVIL 1994 CATHERINE M. WOLF, I Defendant I IN DIVORCE COMPLAINT IN DIVONCB COMES NOW, Plaintiff STBVEN M. WOLF, through his attorney, Arthur T. McDermott, Esquire and avers as followsl COUNT I - DIVORCB 1. Plaintiff is STBVEN M. WOLF, who currently reBides at 20 W. Springyille Road, Boiling Springs, PA 17007. 2. Defendant is Catherine M. Wolf, who currently resides at 20 W. Springyille Road, Boiling Springs, PA 17007. 3. Plaintiff and Defendant have beon bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on January 12, 1980 in Cumberland County, Pennsyvlania. 5. There has not been any prior actions of divorce filed in this matter. 6. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. " CD Aut Zlj Ill! ~K 19~ " 'll Ilet ,It ,,' rIlQ~~T^~Y "'J' 'IWr.'.JIITl 'L',fl~ tl"'no.~ ;p iir: ~!Jt 'HI, J flI1)-.50 S. 00 JuJ ~., I, .. ., " --,II '{~ '1'1_1;1 ., .. ,1_, I (I ) 80 , ~o " 'I ;., ":i" ., ,>, ',,":, " f.l ,'i '_~:I ,_,J Ijj ',f " , i_~:r II , I ,'1,1 ,I " I' .,1 I CJ:.! I 0 s~ ,).. , ~p+:-*l 15Dq~ " , ...H...,.',......,.............!,."..,,,..,,,,.,,.... .,tl. ~ \ ',,' ""'I"'<"h..-,,.."~,.j...t',,, j'ti- { :1;1' ~!t ~!Flt 1\~_m;I'r}"j\ !i'ii:/!ij 1'1rj.~.~;~I.' ,l.J~li"}':"11 t'" !, ' rl.,;'"I, '.'1 " , " i' I .,1,. q"'\t ;1 ~ ~ .', . No~ 19 \ ~G n\'9~ 1\ / ,,( ! \: !lll. I~I,: ,,.. ~ i\!lIt' t H,-r 1:1: I'P' I I' J~ IIi; r I: ;t 1 Y P',.IP\ .11 'h ,. I, ;! " " , , ' , , ,I " I, , ' 'I, \ : \'\ i /.1' c ~'! i.1 '.lo' I " 1,;,:: ~,t 'if ~1,1!1: OJ, ;,. ..."."1' J",;,i 'J" I' ' r) I ']"";,-11 .. ":" " 'I h, .ii''! .T \.~; _~--r,: " ' , Ii'! 't f: N- .",: ~, f\ .,~ ,,:". ' I If;.{,:: \I..(- 't ,;" , " I' 'II '" ""n.j."" .," ".' 'it " :/ . , ,.11 ;\ , ~ ,,'ii "".-- ,l:"';',; I' " I' "f] IUV i," (,'1 \1\ '3\\ ,YI, " 11!'l 1,1 -J .' ill:l jll :', .'1 ',l II !, :-~ ) , y ,i - I, "" ,1' " '!lll' 'I. ,,;I .' -'1" ;v " I, ,I 1 , ), \, It,' I' i t.I' , of ~.- r~ij i.\ \'l 3l :11 19S " I , ,,\,;\ I, ,\ \ 1,'1 , , .1 'I I, " , , " '.. " ,I; ,; If !'[' ~ . ,11, i '. , , ,- I,/It .", " -, rEU a ,Il 31' I II '95 " , 1.:1 ~.IJ II I Ill' " , ,~,/ \ t d~ "1 I' "'1' " ,I " " "'h\'. ,~,' ,.' ,t" ',I , , 1 'I~ ", , I, 1 ,j ~ ." . , . .. -'- STBVBN M. WOLF, I IN THB COURT OF COKMON PLBAS OF Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I ve. I CIVIL ACTION - LAW I NO. 94-4828 CIVIL 1994 CATHBRINB M. WOLF, I Defendant I IN DIVORCB AFFIDAVIT OF SBRVICB BY MAIL PURSUANT TO Pa. R.C.1P. 1920.4(a)(1)(ii) COKMONWBALTH OF PENNSYLVANIA I I 5S COUNTY OF CUMBBRLAND I Arthur T. McDermott, Bsquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, STBVBN K. WOLF, and that he did serve a true and correct copy of Plaintiff's Complaint in Divorce and Notice filed in the above matter, by mail certified, restricted delivery, return receipt requested, to the Defendant, CATHERINE K. WOLF, on September 2, 1994. The receipt form is attached hereto as Exhibit "A". " ) )."/ ., .,-0'" . -1" \._ Arthur T. McDermott, Esquire .} /1, day of Sworn to and subscribed before me this September, 1994. -/;F Public SHELLY I, - L CARLISLE S XTON, NOTARY PUBLIC ~y COMMIS~~3~' EC~p~~f~t.tcN.p gOUNTY ... PlIlft.,I,aftia An."ltl.ft ir Jil~~,~4 >I'J I" , " .1 " i, i SEP I I lJl fH' ~9~ ~ ~ I' " iH!i.! ("i/II<1 .'!" 1,' I. t::'I:~ !, r . .~j I ,! r " " '! " I' I' II i , ,I " I, , , " ,.! '. , " ~ ~ )'1 ,I , I i'hJ':." /'" , ' 'fI :1 . I ,~ ;\ .. , ' ", ....- , * s~- ",,It-II I'll. We-\(- Plaintiff V ,IN THB COURT OF COMMON PLEAS OF ,CUMBBRLAND COUNTY, PENNSYLVANIA , 'CIVIL ACTION - LAW , ,No:N' '/6 J'1l CIVIL 19 ,CUSTODY/VISITATION * Cu.\~l,~',()t ~,\. Ell t 'f);fendllllt ORDER OF COOR~ No.1 I~ 1'1'i~ AND NOW, this (date) , , upon consideration of the attached complaint, it is hereby directod that the parties and their respective counsel ap ear before _/'I.. L"f't 'f... [.,.)''''1 t'.!.e, the conciliator, at ~ 101)( (t._. (<v,.1H,""1~ . on the 'O'/h day of it I, , 19 , at .;J M., for a Prehearing Custody Conference. At such conference, an effort ~~ll be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard 'by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , ) FOR THE COURT: By: --;:;'-tf,~.-f- ~ ...Jb...{,.~A-I'-:s.-( Custody Conciliator .fct:i;)-// YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SBT FORTH BEI,OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSB, FOURTH FLOOR CARLISLE pA 17013 (717)240-6200 .--A.'_.A_'" " l ~ \ .... ,'1, II :/ ., , '.~- fl ., ., I I ", .. v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-4828 I CIVIL ACTION - L~W I I IN CUSTODY STEVEN M. WOLF, Plaintiff CATHERINE M. ELLERMAN, Defendant COMPLAINT POR CUS'l'OD,! COMES NOW, Plaint1f.f STEVEN M. WOLF, by and through his attorney, Arthur T. McDermott, Esquire and aver as follow81 1. Plaintiff i8 STEVEN M. WOLF, residing at 1123 N. Pitt Street, Carlisle, Cumherland County, Pennsylvania 17013. 2. Defendant is CATHERINE M. ELLERMAN, residing at 25 Buckthorn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following childl NllIl\e Rebecca N. Wolf Present Residence Age June 7, 1980 1123 N. Pitt Street Carlisle, PA 17013 The child was born in wedlock. The child is presently in the custody of Steven M. Wolf, who resides at 1123 N. Pitt Street, Carlisle, Cumberland County, PA 17013. During the past five years, the child has resided at the following addresses. Steven M. Wolf, father, Nancy Wolf, step-mother, Kimberely M. Crozier, step-sister, David B. Crozier, step-brother, at 1123 N. Pitt Street, Carlisle, Cumberland County, PA September, 1995 to the present. Catherine M. Ellerman (Wolf), mother, at 20 Sprinqville 17013, from Road, Boiling Springs, Cumberland County, PA 17007, from September 1994 to September 1995. Steven M. Wolf and Catherine M. Wolf, mother and fathor, at 20 Sprinqville Road, Boiling Springs, Cumberland County, PA 17007, from 1989 to September 1994. 4. The mother of the ohild is Catherine M. Ellerman (Wolf), currently residing at 25 Buckthorn Drive, Carlisle, Cumberland County, PA 17013. 5. The father of the child is Steven M. Wolf currently residing at 1123 N. Pitt Street, Carlisle, Cumberland County, PA 17013. 6. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides at 1123 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 7. The relationship of the Defendant to the child is that of mother. The Defendant currently resides at 25 Buckthorn Drive, Carlisle, Cumberland County, P~ 17013. 8. Plaintiff have not participated as parties or witnesses, or in another capacity, in other lit.igation concerning the custody of the child in this or another court. 9. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff can provide a more stable and nurturing atmosphere than Defendant. Granting Plaintiff custody will be in the best interests and permanent welfare of the child. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been nllll\ed as parties to this action. All other persons, nllll\ed below, who are known to have or claim a right to VIRIPICATION OF PLEADINGS I y.rlfy that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date If-.ft;- q~ '. " " '.1 Noy 8 10 ~tj AK '9$ '; " " II, ill I iLEO'llff'CE , Ilf THE "HnflWI",r4h\ -I', CUHUEf./ 'd,O ~I)I)~TV , , II PEHN S YL'IA~'t 'i,' , , tJ 15. co ,xl Cl~ ,,' " " ,I tu. tl I(L~'>, "" tZtJ 3/ (Ji II , " " I,' , , I ~ , 'I II' '" I , " ,I , , , ',' ., ,.' "I 11," " , " , , ,...'W-#.,.,., ,.. ~..+, f-'~.~ ,i~...."'~'. "'.."'.....:... ,.." '"..,.........."",."',,.,."..'":'r..''' , ' ~..i.'''- ", )i/t" , ~;' 'I; ''ff'- I,' I, . " , , I ,Ii ~: . I \l . ," , ,~ t :) i'l' ~ , ~ . " " ,t .,~ " .. :, " ,..... .~ " ,:"","-'''"''''t- '/"', ' I,~ 'l ~ . ~ ~ ... j ~ .. rfJ ~ '; Vi ~ rl i ..-., ~- ~ Hi <.., ;; ~ ~ g Q ~ ~ < :i - z ... ~ ~ ~ ~ ~ o.l ....l ~ ~ >- ill ..,l:t. ~ :t. (oJ I: ~ c ~ ., 0 c; "" ..., ~ . f>l" :r. 0 < < . ~ rJ) ~ 0 . 1- III '" . , , . ,. " . STEVEN M. WOLF, ) IN THE COURT OF COMMON plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) NO. 94-4828 CIVIL TERM CATHERINE M. WOLF, ) Defendant ) IN DIVORCE NOTICE OF BLECTION TO RETAItB FORMER NAIJB NOTICE IS HEREBY GIVEN that CATHERINE MARIE WOLF, Plaintiff in the above matter, was divorced from the bonds of matrimony, a Final Decree in Divorce having been rendered on 15 February 1995, and hereby elects to retake and hereafter use her former name of CATHERINE MARIE ELLERMAN and gives this written notice avowing her intention in accordance with the provisions of the Pennsylvania Divorce Code, as amended. ~/' , ,7f-h/L~A'L /llu.u.... ATHERINE MARIE WOLF tJ# To Be Known As (It..tiM LN.: /1/tVZ.J l'tPL<.ft1t:lAJ CATHERINE MARIE ELLERMAN D~TEDI 30 August 1995 ~ (") 1; M N ~J'j .'f' ~~l; ~~''': :i': ( ,.', , . "if L"l_ ' ~I.. ',~ :::> I-~ , ) ~I 'r >::1'~;',1. '). I I" (., ' I~ ... l.'JILl r~: I,' l',"o ,. ~ ~ It") < . '...i' d ~ ~ ~ Q ~ ~ < z Z -< ~ ~ ~ ~ ~ ....l ~ w >- ~ '" o-l Z Z ~ W II: ~ 0 :.J S 0: .. 1. . ~. 0 -< . ~ rJl ~ 0 . l! ~ ~ ,f '.' , . , \ could return to live with the mother or her parents, Janet and Wayne Ellerman. 4. In mid.November the child contacted the molher and requested that she come to live with the mother and the mother's parents. During that conversation. and several subsequent conversations between the said child and the mother, the child made the following representations to the mother: A. That the child was unhappy living with the father and his family and no longer desired to reside with him. B, That the father was excessively restrictive of the child, his discipline was excessive, and he would not penn it the child to comJllunicate freely with her friends, the mother, and other members of her family. C. That the father is trying to control the child to prevent her free communication with the mother in an effort to maintain custody of the child against the will of the child and the mother. 5. Although the father has filed a petition seeking to modify the custody order entered in this case upon the property settlement agreement of the pal1ies, no modification of that order has, as yet, been accomplished. The matter is currently scheduled for a conference with Hubel1 X. Gilroy, Esquire, for 8 December 1995, However, because of a contlict on mother's attorney's schedule, that conference will have to be rescheduled and will not likely be held until after the Christmas holidays, bY STEVEN M. WOLFE, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I NO. 94-4828 I CATHERINE M. ELLERMAN, I Defendant I CIVIL ~CTION - CUSTODY COURT ORDER AND NOW, this ~1L day of ':-11.,U ~ ~ conB1deration of the attached cu~y Conciliation ordered and directed as folloWSI , 1996, upon Report, it 18 1. The Mother, Catherine M. Ellerman, and the Father, steven M. Wolf, shall enjoy shared legal custody of Rebecca N. Wolf, born June 7, 1980. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the nlinor child as agreed upon by the parties. By the Court, J. CCI Samuel L. Andes, Esquire ~rthur T. McDermott, Esquire e.~\~u....... . )\-\.Ct.L.-l.'.. ~ .:J./'l/9fc. ,oJ t", \';:- " , '<. I, -\, 'I : ' ~ , . I' ' , ,'" ,.. 't"" ' ,',' ':,.) ;"\,i;" " ., ( . , (" ,1'1 ",' 't - I". L.:", IIJ ,,' j ..,~.~ '" iJ J.:J"ilC '" '.','. ;;'JiJ;'..rU; d