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HomeMy WebLinkAbout02-3649KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.~::;'~ - ..3'~, ~ ~ 2002 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Room 101, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.c~,~.~,,._ 2002 : : CIVlLACTION ~ LAW IN DIVORCE AND NOW, comes the Plaintiff, Kevin S. Meeker, by and through his attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I - Divorce Under SP~cti(3n ~.301 !c) and 3301 (d) of the Divorce Code 1. Plaintiff is Kevin S. Meeker, an adult individual who currently resides at 2433 Rolling Hills Drive, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania 17055, since February 22, 1999. 2. Defendant is Tammy L. Meeker, an adult individual who currently resides at 19 Neponsit Lane, Camp Hill, Cumberland County, Pennsylvania 17011, since June 28, 2002. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 27, 1993 in West Lawn, Adams County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. 6. The Plaintiff and Defendant were last separated from each other on May 15, 2002 and have lived separate and apart from each other since that time. 7. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction and this action is not collusive. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301(c) or 3301(d) of the Divome Code. 10. Paragraphs 1 through 9 hereof are incorporated herein by reference as if set forth in full. 11. Plaintiff seeks shared legal and partial physical custody of the parties two minor children, Cody S. Meeker, born December 12, 1995, age 6 and Samantha A. Meeker born August 3, 1998, age 3. The children were not born out of wedlock. The children are presently in the custody of their mother, Tammy L. Meeker, who resides at 19 Neponsit Lane, Camp Hill, Cumberland County, Pennsylvania 17011. During the past five years, the children have resided with the following persons: PERSONS ADDRESS DATE Kevin S. Meeker and Tammy L. 2433 Rolling Hills Drive Date of Birth to June 28, Meeker Mechanicsburg, PA 17055 2002 Tammy L. Meeker 19 Neponsit Lane, June 28, 2002 to the Camp Hill, PA 17011 present The mother of the children is Tammy L. Meeker, currently residing at 19 Neponsit Lane, Camp Hill, PA 17011. She is married to, but separated from the Plaintiff. The father of the children is Kevin S. Meeker, currently residing at 2433 Rolling Hills Drive, Mechanicsburg, PA 17050. He is married to, but separated from the Defendant. 12. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides alone. 13. The relationship of the Defendant to the children is that of mother. On information and belief, the Plaintiff avers that the Defendant currently resides only with the children. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 15. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interests and permanent welfare of the children will best be served by granting the relief requested because the parties to this proceeding are separated from one another, the Plaintiff is important to the raising and growth of the children, and has a firm bond and relationship with the children. Further, it is in the best interests of the children to have a stable and consistent schedule of custody with the Plaintiff. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant joint legal custody and shared physical custody of the children to the Plaintiff, such shared physical custody of the Plaintiff to consist of at least every Monday and Friday evening and one weekend each month, plus a sharing of holidays, vacation time and other important events, and to grant such other relief as this court deems just and appropriate. I, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject ~:o the penalties of 18 Pa.C.S. §4904, relating to unsworn falsificatiOn to authorities. Kevin S. Meeker, Plaintiff Respectf~Jly submitted, WIX, V~TNGER & WEIDNER . ~/S~'~en J. I~z~urani~squire ,' ~Attc~ney I.Dl ~5265~ /~ 508 North S~cond Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Date: July ~ , 2002 Attorney for Plaintiff F:~sjd~5654 Meeker, Kevin\l 1812 Domestic Relations\Documents\Divorce Complaint.doc KEVIN S. MEEKER PLAINTIFF TAMMY L. MEEKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY : ORDER OF COURT 02-3649 CIVIL ACTION LAW AND NOW, Tuesday, August 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, September 10, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATrORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 3649 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Tammy L. Meeker, the Defendant in the above-captioned matter, do hereby accept service of the Complaint In Divorce. Tammy '[(L~ er KEVIN S. MEEKER, : Plaintiff : v. : NO. 02-3649 : TAMMY L. MEEKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHILD CUSTODY AGREEMENT THIS CHILD CUSTODY AGREEMENT ("Custody Agreement") is made as of the ~?~ ~ ~ day of ~,., , 2002, by and between Tammy L. Ueeker (the "Mother") and Kevin S. Meeker (the "Father"). Mother and Father are the parents of two minor children, Cody S. Meeker (born December 12, 1995 - age 6) and Samantha A. Meeker (born August 3, 1998 - age 4) (the "Children"). Mother and Father hereby agree to the following parenting plan for the custody of the said Children: 1. The parties shall have joint legal custody, as defined in 23 Pa.C.S. § 5302, of the minor Children; legal custody being defined as the legal right to make major decisions affecting the upbringing of the Children, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the Children's best interests. Both parties shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Children. 2. Mother and Father shall share physical custody in accordance with the following schedule: Exhibit A a. Father shall have physical custody every Monday from 5:00 p.m. until Tuesday at 9:00 a.m. or arrange to transport them to school, if appropriate, and every Friday from 5:00 p.m. until Saturday at 9:00 a.m. b. Father shall have physical custody during the first weekend of each calendar month (the weekend after the first Friday of the calendar month) from 5:00 p.m. on Friday until 5:00 p.m. on the subsequent Sunday. c. Mother shall have physical custody at all other times. 3. Notwithstanding the above schedule, the following shall also apply as to both Children: a. Mother shall have every Mother's Day and Father shall have every Father's Day, from 6:00 p.m. on the day before until 7:00 p.m. on the day. b. In 2002 and all even-numbered years, Father shall have Thanksgiving Day from 6:00 p.m. on the day before until 9:00 a.m. on the following Friday. In 2003 and all odd-numbered years, Mother shall have Thanksgiving Day from 6:00 p.m. on the day before until 9:00 a.m. the following Friday. c. It is the intention of the parties that both parents have Christmas morning with the Children together. In 2002 and all even-numbered years, Mother shall have Christmas Day from 2:00 p.m. on Christmas Day until 9:00 a.m. December 26. In 2003 and all odd-numbered years, Father shall have Christmas Day from 2:00 p.m. on Christmas day until 9:00 a.m. on December 26. d. In 2002 and all even-numbered years, Father shall have New Years from 6:00 p.m. on New Year's Eve until 9:00 p.m. on New Year's Day. In 2003 and all odd-numbered years, Mother shall have New Years Eve from 6:00 p.m. until 9:00 p.m. on New Year's Day. e. In 2002 and all even-numbered years, Mother shall have Easter from 6:00 p.m. on the day before until 9:00 p.m. on Easter Day. In 2003 and all odd-numbered years, Father shall have Easter from 6:00 p.m. on the day before until 9:00 p.m. on Easter Day. 4. The parties agree that the holiday and Mother's Day/Father's Day schedules will supercede (but otherwise be unaffected thereby) the regular schedule, which will resume thereafter. 5. For purposes of vacation time, the calendar will be divided into two parts: Part A will consist of January 1st through June 30th of each year and Part B will consist of July Ist through December 31st of each year. Each parent shall be entitled to a one-week (seven consecutive days) for vacation with both Children during each Part A and Part B. Additionally, each party shall be entitled to another one-week (seven consecutive days) for vacation during one of the following holidays: Christmas, if that year is scheduled for the person taking the vacation week, Memorial Day, Labor Day and July 4. Thirty-day (30) notice must be given to the other party of the intention to take the vacation time. In the event of a conflict of a selected vacation, the party first giving notice to the other party shall be entitled to the selected week. In no event shall either party schedule a vacation if such will interfere with the holiday schedule set forth in paragraph 3 above. 6. Except as otherwise specifically set forth herein, the party responsible for receiving the Children shall provide the transportation. 7. Each parent is entitled to receive information concerning the Children directly from schools, health care providers, or other relevant sources. 8. Each parent shall encourage the Children to comply with the parenting agreement and shall attempt to foster in the Children a positive view of the other parent. 9. Each parent shall keep the other parent informed with an address and telephone number at which the Children will be while in their custody. Each parent shall be entitled to reasonable telephone contact with the Children while the Children are in the custody of the other parent. 10. The parties may decide different time arrangements other than those provided for in the Custody Agreement and make decisions for the Children whenever they mutually agree to do so. Nothing in this Custody Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this Custody Agreement will be followed. 11. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the child to any unlawful activities. The parties shall use their best efforts to assure that other household members and/or houseguests comply with this prohibition. 12. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the Children for all purposes. 13. The parties agree that this Stipulation shall be made an Order of the Court. IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby, Mother and Father have execute this Custody Agreement as of the day and year first above written. WITNESS: MOTHER: Tammy~. Meeker WITNESS: FATHER: Kevin S. Meeker KEVIN S. MEEKER, Plaintiff V. TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3649 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 17th day of September, 2002, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE ~_T: ~"~ Custody Conciliator / :162927 KEVIN S. MEEKER, : Plaintiff : : v. : NO. 02-3649 : TAMMY L. MEEKER, .' CIVIL ACTION - LAW Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OFCOURT AND NOW, this z ¥' day of September, 2002, upon consideration of the Child Custody Agreement dated the 30th day of August, 2002, copy of which is attached hereto as Exhibit A, and is incorporated herein by reference, the said Child Custody Agreement, is hereby approved and adopted as an Order of Court. BY THE COURT: Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff V. TAMMY L. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - CUSTODY TO THE PROTHONOTARY: Please enter the appearance PRAECIPE of Theresa Barrett Male, Esquire as counsel on behalf of Defendam in this proceeding. Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant Date: February 24, 2003 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff TAMMY L. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND FOR PLOWMAN HEARING ON RELOCATION REQUEST 1. The petition of defendant Tammy L. Meeker C'Mother") respectfully represents that, on September 24, 2002, this Court entered a consent order for custody. A copy of the order is attached as Exhibit 1. The Order should be modified because, since entry of the order: a. bo Mother has decided to relocate with the children, Cody S. Meeker (dob: 12/12/95) and Samantha A. Meeker (dob: 08/02/98), from Camp Hill, Cumberland County, Pennsylvania to Lusby, Maryland. As more particularly set forth in Mother's application for special relief, which she is filing concurrently with this ]petition, she has serious concerns about Father's erratic and volatile behavior, and fears for the safety and the welfare of her children. A copy of' the special relief application is attached as Exhibit 2. o c. Father was cited by the Lower Allen Township police for harassment against Mother. Factors militating in favor of Mother's relocation with the children include: a. Mother is, and has been, the children's primary caregiver. b. Mother has no support system here. c. Mother has no immediate family here. Her mother resides in Ebensburg, Pennsylvania, near Johnstown. Mother's brother lives in Johnstown, which is where Mother grew up. d. Mother's sister and her children reside in Lusby, Calvert County, Maryland. e. Mother has employment opportunities Maryland. f. Maryland also offers Mother non-economic factors which likely will contribute to Mother's well-being and general happiness. g. The move will enhance the quality o:~' Mother's life and that of the children. h. The potential advantages of the move outweigh the disadvantages. i. Mother will be returning to a network of family and friends. j. The move will improve the quality of life for Mother and the children. k. Mother is not motivated by a desire to frustrate Father's partial custody rights or impede his relationship with the children. 1. There are realistic substitute visitation arrangements to ensure Father's contacts with the children. 2 m. When Mother informed Father of her plans, he initially consented, providing Mother made certain financial concessions to him. He now opposes the move. n. Father's failure to pay child support and apl timely, as required by the parties' marital settlement agreement, has placed Mother in economic jeopardy, including a risk of losing her home. Mother was forced to borrow money from her family to make her May mortgage payment and to secure necessities for herself and the children. o. Father grew up in Jefferson, New Jersey. His parents and his brother reside in Jacksonville, Florida. Although his sister lives in Dingman's Ferry, Pennsylvania, he rarely speaks with her. 4. Pennsylvania favors relocation of the primary caregiver. ~ 5. This Court has granted relocation petitions over the objections of the non- custodial parent. 2 6. The children's best interests and permanent welfare will be served by relocating to Maryland with Mother in advance of the 2003-2004 school year'. i See, e.g., Lee v. Fontine, 594 A.2d 724 (Pa. Super. 1991) (allowing mothe, r to relocate to Washington state); Kaneski v. Kaneski, 604 A.2d 1075 (Pa. Super. 1992) (allowing mother to relocate to New York); Vineski v. Vineski, 675 A.2d 722 (Pa. Super. 1996) (allowing mother to relocate to Tennessee); Gancas v. Schultz, 683 A.2d 1207 (Pa. Super. 1996) (reversing order denying mother' s petition to relocate to New Jersey); Mealy v. Arnold, 733 A.2d 652 (Pa. Super. 1999) (reversing order denying mother's petition to relocate to North Carolina); Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000) (reversing order denying mother's petition to relocate to Michigan); Boyer v. Schake, 799 A.2d 124 (2003) (reversing order denying mother's peti[tion to relocate to Virginia. 2 See, e.g., Hyde v. Hyde, # 97-5832, Hoffer, J. (allowing mother to relocate to Florida), affirmed on appeal; Krusen v. Krusen, # 94-7082, Oler, J. (allowing mother to relocate to North Dakota). 7. The trial court must set an evidentiary hearing in advance of the relocation, or, in exigent circumstances, shortly thereafter. Plowman v. Plowman, 597 A.2d 701 (Pa. Super. 1991). Wherefore, defendant requests the court promptly to set this matter for a Plowman hearing and thereafter to modify the existing custody order because it will be in the best interests of the children to relocate with defendant to Maryland. Date: May 12, 2003 Theresa Bm'rett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-:t220 Counsel for Defendant 4 VERIFICATION I, Tammy L. Meeker, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are tree. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Exhibit 1 01/_0._8/2003 09:59. _F,~ 763 1907 , ~.002 KEVIN S. MEEKER, Plaintiff Vm TAMMY L MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3649 CIVIL ;ACTION -. LAW IN CUSTODY ORDER OF COURT AND NOW, this .~ y ~ day of September, 2002, upon consideration of the Child Custody Agreement dated the 30~*day of August, 2002, copy of which is attached hereto as Exhibit A, and is inCorporated herein by reference, the said Child Custody Agreement, is hereby approved and adopted as an Order of Court. · BY THE COURT: 01/08/2003 10:00 FAX 763 1907 REAGEI~&AI)LER ~00~ KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I NO. 02-3649 CIVIL ~ACTION - LAW IN CUSTODY CHILD CUSTODY A. ,GREEMENT THIS CHILD CUSTODY AGREEMENT ( Custody Agreement") is ~B-~.~e e~of the day of .. ~ ,2002, by and between Tammy L~eke~ (th~r~ two minor children, Cody S. Meeker (bom December 12, '! 995 - age 6) and Samantha A. Meeker ('bom August 3, 1998 - age 4) (the "Children"), Mother and Father hereby agree to the following parenting plan for the custody of thE; said Children: 1. The parties shall have joint legal custody, as; defined in 23 Pa, C,S. § 5302, of the minor Children; legal custody being defined as the legal right to make major decisions affecting the upbringing of the Children, 'including but not limited to medical, religious and edUcational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a ,, harmonious policy calculated to promoting the Children's best interests. Both parties shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Children. 2. Mother and Father shall share physical custody in accordance with the following schedule: 01/0~/2003 10:00 FiX 763 1907 - .. REAGER&ADLER OO4 a. Father shall have physical custody every Monday from 5:00 p.m. until Tuesday at 9:00 a.m. or arrange to transport them to school, if appropriate, and every Friday from 5:00 p.m. until Saturday at 9:00 a.m. b. Father shall have physical custody during the first weekend of each calendar month (the weekend after the first Friday of the calendar month) from 5:00 p,m, on Fdday until 5;00 p,m. on the Subsequent Sunday. c. Mother shall have physical custody'at all other times. 3. Notwithstanding the above schedule, the following shall also apply as to both Children: a. Mother shall have every Mother's Day and Father shall have every Father's Day, from 6:00 p.m. on the day before until 7:00 p,m. on the day. b, In 2002 and all even-numbered years, Father shall have ThanksgMng Day from 6:00 p.m. on the day before until 9:00 a,m, on the following Friday. In 2003 and all odd,numbered years, Mother shall have ThanksgMng Day from 6:00 p.m. on the day before until 9:00 a.m. the following Friday. c. It is the intention of the parties that both parents have Christmas morning with the Children together, In 2002 and all even-numbered years, Mother shall have Christmas Day from 2:00 p.m. on Christmas Day until 9:00 a,m. December 26. In 2003 and all odd,numbered years, Father ' shall have ChriStmas Day from 2:00 p.m. on Christmas day .until 9:00 a.m. on December 26. 01/08/2003 10:00 FAX 763 ~907 ~ REAGEI~3~OLER ~005 d. In 2002 and all even-numbered years, Father shall have New Years from 6:00 p.m. on New Year's Eve until 9:00 p.m. on New Year's Day. In 2003 and all odd-numbered years, Mother shall have New Years Eve from 6:00 p.m, until 9:00 p.m. on New Year's Day. e. In 2002 and all even-numbered years, Mother shall have Easter from 6:00 p,m. on the day before until 9:00 p.m. on Easter Day. In 2003 and all odd-numbered yearn, Father shall have Easter from 6:00 p,m, on the day before, until 9:00 p.m. on Easter Day. 4. The parties agree that the holiday and Mother's Day/Father's Day schedules will supercede (but othenvis'e be unaffected thereby) the regular schedule, which will resume thereafter. 5. For purposes of vacation time, the calendar Will be divided into two parts: Part A will consist of Janua~/Is~ through June 30a of each'year and Part B will consist of July lS~ through December 31~t of each year. Each parent shall be entitled to a one-week (seven consecutive days) for vacation with both Children during each Part A and Part B'. Additional!y, each party shall be entitled to another one-week (seven consecutive days) for vacation during one of the following holidays: Christmas, if that year is scheduled for the person taking the vacation week, Memorial Day, Labor Day and July 4. Thirty-day (30) notice must be given to the other party of the intention to take the vacation time. In the event of a conflict of aselected vacation, the party first giving notice to the other party shall be entitled 01/08/2003 10:00 FAX 763 1907 REAGEI~ADLER ~006 to the selected week. In no event shall either party schedule a vacation if such will interfere with the holiday schedule set forth in paragraph 3 above. 6. Except as otherwise specifically set forth herein, the party responsible for receiving the Children shall provide the transportation. 7. Each parent is entitled to receive information concerning the Children directly from schools, health Care providers, or Other relevant sources. 8. Each parent shall encourage the Children to comply with the parenting agreement and shall attempt to foster in the Children a positive view of the other parent.. 9. Each parent shall keep the other parent informed with an address and telephone number at which the Children will be 'while in their custody, Each parent shall be entitled to reasonable telephone contact with the Children while the Children are in the custody of the other parent. 10. The parties may decide different time arrangements other than those provided for in the Custody Agreement and make deoisions for the Children whenever they mUtually agree to do so. Nothing in this Custody Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this .Custody Agreement will be followed. 11. During any period of custody or visitation, the p,arties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the child to any unlawful activities. The parties 01/08/2003 10:00 FAX 763 1907 REAGEl~ADLER · ; 007 shall use their best efforts to assure that other household members and/or. houseguests comply w'ah this prohibition. 12. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the Children for all purposes. 13. The parties agree that this Stipulation shall be made an Order of the Court. IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby, Mother and Father have execute this Custody Agreement as of the day and year first above written. WITNESS: MOTHER: mmy~..~eeker - . WITNESS: FATHER: Kev/n S. Meeker Exhibit 2 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff Vo TAMMY L. MEEKER Defendam AND NOW, May NO. 02-3649 Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT ,2003, the Court (;RANTS Defendant's Application for Special Relief. Within five (5) days of the date of this order, Plaintiff shall comact Interworks, 4435A North Front Street, Harrisburg, PA 17110 [717-236-6630] to arrange for six (6) supervised visits with the parties' children, Cody S. Meeker (dob: 12/12/95) and Samantha A. Meeker (dob: 08/02/98). Plaintiff shall pay the costs associated with the visits. Upon conclusion of the supervised visits, the supervising therapist shall submit a summary to the parties' counsel recommending additional supervision, or a remm to the partial custody schedule set forth in the September 24, 2002 order. BY THE COURT: Kevin A. Hess, J. Distribution: Stephen J. Dzuranin, Esq., 508 N. Second St., P.O. Box 845, Harrisburg, PA 17108-0845 Theresa Barrett Male, Esq., 513 North Second St., Harrisburg, PA 17101 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff Vo TAMMY L. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - CUSTODY DEFENDANT'S APPLICATION FOR SPECIAL RELIEF PURSUANT TO 1915.13 1. Plaintiff Kevin S. Meeker ("Father") and Defendant Tammy L. Meeker ("Mother") are the parents of Cody S. Meeker (dob: 12/12/95) and Samantha A. Meeker (dob: 08/02/98). 2. On September 24, 2002, this court, per the Honorable Kevin A. Hess entered an order incorporating the terms of the parties' custody agreement. A copy of the order is attached as Exhibit 1. 3. Concurrently with filing this application, Mother' is filing a petition to modify the order so that she can relocate with the children to Maryland. 4. Mother believes and therefore avers that the ctfildren's physical and emotional safety and well-being may be compromised without immediate court intervention, as more particularly set forth below: a. On May 1, 2003, Mother delivered the children to Father for his custody period. Approximately one hour later, Father called Mother at work, demanding that she come back for t]-ae children( Upon her arrival, Mother observed the children and Father waiting for her in the driveway. Father told Mother in front of the chilcken that he never wanted to see the children again and would no longer support them. b. On May 1, 2003, Cody informed Mother that his father kicked and hit him during the hour that the children were with Father that morning. Mother reported this to the Lower Allen Township Police. c. Samantha told Mother about Father's behavior towards Cody. She also told her teacher that Father kicked, hit and punched her brother. d. Although Mother advised Father that she intended to retain custody of both children on May 5, based on tile children's complaints, Father attempted to secure custody with the assistance of the police. Both children refused to go with Father, but he took Samantha anyway, ignoring her screams and emotional upset. e. Cody's pediatrician recommends a restriction on Cody's contact with his Father at this time. 2 5. Mother credits the children's reports about Father, and understands their anxiety about seeing him, in part because of Father's conduct towards Mother, including his citation by the police for harassment last year. His message was: "Tammy, you'd better come and get these kids - they're out of control." Although Mother informed Father of the appointment, Father did not participate. This Court has the authority to enter orders for interim or special relief: At any time after the commencement of the action, the court on application or its own motion may grant appropriate interim relief The relief may include but is not limited to the award of temporary custody, partial custody or visitation; .... Pa. R.C.P. 1915.13 (emphasis added). 7. The best interests of Cody and Samantha will be contacts pending assessment by a qualified mental health professional. served restricting Father's Wherefore, defendant requests the court to enter an interim order suspending the partial custody provisions of the extant custody order and directing supervised contacts between plaintiff and the children. Supreme Court # 46439 513 North Second Street Harrisburg,, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: May 12, 2003 Exhibit 1 09:$~. FAX 7~B 1907 ::% RNAGERAADL~R KEVIN S. MEEKER, : Plaintiff : .- v. : NO. 02-3649 TAMMY L. MEEKER, : CIVIL 'ACTION - LAW Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS oF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this .~,/~ day of September, 2002, upon consideration of the Child Custody Agreement dated the 30~ day of August, 2002, copy of which is attached hereto as Exhibit A, and is incorporated herein by reference, the said Child Custody Agreement, is hereby approved and adopted as an Order of Court. · BY THE COURT: 01/08/2003 IO:O0.FAX 7§3 1907 OO3 KEVIN S. MEEKER, Plaintiff Va TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I NO. 02-3649 CIVIL ~ACTION - LAW IN CUSTODY CHILD cUSTODY A.,GREEMENT ~ r~ ~ THIS CHILD CUSTODY AGREEMENT ("Custody' Agreement") is _~'~e ~of ~ the ~~ ~ ~ day of ,. ,2002, by and be~een T~my L~ek~(~ "Mother") and Kevin S. Meeker (the "F~he~'). Mo~er ~d Fa~er are ~e ~re~ o~ ~o minor children, Cody S. Meeker (bom December 12, 1995 - age 6) and Samantha A. Meeker (born August 3, 1998 - age 4) (the 'Children"). Mother and Father hereby agree to the following parenting plan for the custody of thE; said Children: 1. The parties shall have joint legal custody, as defined in 23 Pa, C,S. § 5302, of the minor Children; legal custody being defined as the legal right to make major decisions affecting the upbringing of the Children, 'including but not limited to medical, religious and educational decisi°ns. The parties agree to discuss and consult with one another on these decisions with a ,view to adopting a harmonious polidy calculated to promoting the Children's best interests. Both parties shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Children. 2. Mother and Father shall share physical custody in accordance with the following schedule: 01/08/2003 10:00.FAX 7§3 190_.7_ - REAGER~ADI~R 004 a. Father shall have physical custody every Monday from 5:00 p.m. until Tuesday at 9:00 a.m. or arrange to transport them to school, if appropriate, and every Friday from 5'.00 p,m. until Saturday at 9',00 a.m, b. Father shall have physical custody during the first weekend of each calendar month (the weekend after the first Friday of the calendar month) from 5:00 p,m, on Friday until 5:00 p,m. on the Subsequent Sunday. c. Mother shall have physical custody'at all other times. .3, Notwithstanding the above schedule, the following shall also apply as to both Children: a. Mother shall have every Mother's Day and Father shall have every Father's Day, from 6:00 p.m. on the day before until 7:00 p,m. on the day. b, In 2002 and all even-numbered years, Father shall have ThanksgMng Day from 6:00 p.m. on the day before until 9:00 a,m, On the following Friday. In 2003 and all odd.numbered years, Mother shall have Thanksgiving Day from 6:00 p.m, on the day before until 9:00 a,m, the following Friday~ c. It is the intention of the parties that both parents have Christmas morning with the Children together, In 2002 and all even-numbered years, Mother shall have Christmas Day from 2:00 p.m, on Christmas Day until 9:00 a,m, December 26. In 2003 and all Odd-numbered years, Father ' shall have Christmas Day from 2:00 p.m. on Christmas dayuntii 9:00 a.m. on December 26. 01/08/2005 10:.00,FAX ~3 1907 REAGER~k~DLER ~005 d. In 2002 and all even-numbered years, Father shall have New Years from 6:00 p.m. on New Year's Eve until 9:00 p.m. on New Year's Day. In 2003 and all odd-numbered years, Mother shall have New Years Eve from 6:00 p.m, until 9:00 p.m. on New Year's Day. e. In 2002 and all even-numbered years, Mother shall have Easter from 6:00 p,m. on the day before until 9:00 p.m. on Easter Day. In 2003 and all odd-numbered year~, Father shall have Easter from 6:00 p.m, 'on the day before, until 9:00 p.m. on Easter Day. 4. The parties agree that the holiday and Mother's Day/Father's Day schedules will supercede (but otherwise be unaffected thereby) th® regular schedule, which will resume thereafter. 5. For purposes of vacation time, the calendar Will be divided into two parts: Part A will consist of January 1~ through June 30~ of each year and Part B will consist of July Ist through December 31st of each year. Each parent shall be entitled to a one-week (seven consecutive days) for vacation with both Children during each Part A and Part B. Additional!y, each party shall be entitled to another one-week (seven consecutive days) for vacation during one of the following holidays: Christmas, if that year is scheduled for the person taking the vacation week, Memorial Day, Labor Day and July 4. Thirty-day (30) notice must be given to the other party of the intention to take the vacation time, In the event of a conflict of a'selected vacation, the party first giving notice to the other party shall be entitled 01~08/2003 [0:00.FAX 7~3 1907 " REAGEI~ADLER ~006 to the selected week. In no event shall either party schedule a vacation if such will interfere with the holiday schedule set forth in paragraph 3 above. 6. Except as otherwise specifically set forth herein, the party responsible for receiving the Children shall provide the transportation. 7. Each parent is entitled to receive information concerning the Children directly from schools, health Care providers, or other releva, nt sources. 8. Each parent shall encourage the Children to comply with the parenting agreement and shall attempt to foster in the Children a positive view of the other parent.. 9. Each parent Shall keep the other parent informed with an address and telephone number at whiCh the Children will beWhile in their custody, Each parent shall be entitled to reasonable telephone contact with the Children while the Children are in the custody of the other parent. 10. The parties may decide different time arrangements other than those provided' for in the Custody Agreement and make decisions for the Children whenever they mutually agree to do so. Nothing in this Custody Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this .Custody Agreement will be followed. 11. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consurne alcoholic beverages to the point of intoxication, or subject the child to any unlawful activities. The parties 01/08/2003 10:00. FAZ 763 1907 REAG~LER - ; 007 shall use their best efforts to assure that other household members and/or houseguests comply w'~ this prohibition, 12. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and that the Commonwealth of Pennsylvania shall be the 'home state" of the Children for all purposes. ' 13. The parties agree that this Stipulation shall be made an Order of the Court. IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby, Mother and Father have execute this Custody Agreement as of the .day and year first above written. WITNESS: MOTHER: Tammy~.~Meeker WITNESS: FATHER: Kevin S. Meeker VERIFICATION I, Tammy L. Meeker, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Tammy L. ~.eker 7' 'Date: .~-]o~ '- ,2003 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff V. TAMMY L. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - CUSTODY PROOF OF SERVICE I hereby certify that, pursuam to the requirements of Pa. R.C.P. 440, I served Stephen J. Dzuranin, Esquire, counsel for Plaintiff in the above-referenced custody action, as follows: Documents: Time-stamped copy of Defendam's Petition for Modification of Custody Order and Plowman Hearing on Relocation Request. Time-stamped copy of Defendant's Application for Special Relief. Date of Service: Time of Service: Place of Service: Manner of Service: Dated: May 14, 2003 May 14, 2003. Not applicable. Wix, Wenger & Weidner, 508 North Second Street, Harrisburg, PA Hand-delivery (p~l~by, lb~ralega-11-I- ~ KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3649 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of May, 2003, upon consideration of Defendant's Application for Special Relief Pursuant to 1915.13, and following a telephone conference with counsel for Plaintiff Kevin S. Meeker in the person of Stephen J. Dzuranin, Esq., and counsel for Defendant Tammy L. Meeker in the person of Theresa Barrett Male, Esq., it is ordered and directed as follows: 1. Pursuant to an agreement of counsel, the parties and children shall submit themselves to an evaluation at Interworks, 4435A North Front Street, Harrisburg, PA 17110, in connection with the allegations of Defendant's application; and the cost of such evaluation, to the extent not paid by insurance, shall be shared equally by the parties, conditioned upon Plaintiff's prompt payment of any arrearages due on his support obligations; and 2. Defendant's application is otherwise referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, ~] Wesley i31~.~!., ~'~. Cumberland County Court Administrator Stephen J. Dzuranin, Esq. 508 N. Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff Theresa Barrett Male, Esq. 513 N. Second Street Harrisburg, PA 17101 Attorney for Defendant :rc KEVIN S. MEEKER : PLAINTIFF : V. : TAMMY L. MEEKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3649 CIVIL ACTION LAW ~'CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, June 17, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to apl~ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORTHE COURT. By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (71.7) 249-3166 ,JUN 2 ~ ZOO3 ~ KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3649 CIVIL TERM CIVIL ACTION - LAW iN CUSTODY OLER, J. --- ORDER OF COURT AND NOW, this ~ day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. Hearing. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the 21st day of August, 2003, at 9:30 o'clock A.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, TAMMY L. MEEKER, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on relocation, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: /I.'Z~/esley Oler, ~J~:~'., J. Stephen J. Dzuranin, Esquire, 508 N. Second St., P.O. Box 845, Harrisburg, PA 17108-084l Theresa Barrett Male, Esquire, 513 N. Second St., Harrisburg, PA 17101 KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3649 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19'15.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha A. Meeker August 29, 1998 Mother Cody S. Meeker December 12, 1995 Mother 2. A custody conciliation conference was held on June 17, 2003, pursuant to Defendant's petition for modification of Custody Order and for a Plowman hearing on relocation request filed May 14, 2003. Concurrently with this filing, was the filing for Petition for Special Relief which resulted in Judge Oler's Order of May 19, 2003. The parties have scheduled their appointments to begin their work with the staff of Interworks. Mother's first appointment is June 17, 2003. Father's first appointment is June 23, 2003. Attending the Custody Conciliation Conference were: the Father, Kevin S. Meeker, and his counsel, Steven Dzuranin, Esquire; the Mother, Tammy L. Meeker, and her counsel, Theresa Barrett Male, Esquire. 3. Mother's position on custody is as follows: Mother reports that she has been the primary caretaker of the children since birth. She is presently not working outside the home. However, during the marriage, she did work on a limited part-time basis. Mother is exploring the possibility of returning to work in a physician's office as a receptionist. While she has no job offers, she believes that the work possibilities are greater in Maryland than they are in Central Pennsylvania. Additionally, Mother has a sister in the Maryland Community where she proposes to move. This sister is a stay-at-home mother who would be available to assist with baby-sitting and daycare arrangements. In correspondence dated April 17, 2003, Mother's counsel proposed an alternative schedule, approximating an alternate weekend schedule with a sharing of holidays, a sharing of transportation, and three (3) weeks during the summer school recess. Under the present circumstances, the parties are in close proximity to each other. However, the marital home is for sale at this NO. 02-3649 CIVIL TERM time. The drive time to the community where Mother would intend to reside is three to three and one-half hours. Mother alleges that there are significant difficulties in the relationship between the children and their Father. She reports that he has, on a number of occasions, contacted her to come and pick up the children early or has dropped them off early from a custodial visit because he complains that they are "out of hand". She also reports that the children have alleged that, during one visit in May, the Father kicked the older child. Therefore, Mother believes she is better suited to remain the primary custodial parent. 4. Father's position on custody is as follows: Father opposes the move to Maryland, which he attributes to Mother's desire to be with a new boyfriend. He alleges that she used the children as a tool and is not adequately supporting his relationship with the children. He denies the allegations around the incident in May. However, he concedes that, at times, he has Mother come to pick up the children before his custodial time is over. He also alleges that she has asked him to come and pick up the children during her custodial time. Father also acknowledges there is difficulty with the children at the time of custodial exchanges. Father objects to the children being schooled in Maryland because he believes that the school district in which Mother would reside is inferior to their present school district. While Father has indicated that he is willing to negotiate the custodial arrangement, which would allow Mother to retain pdmary custody during the school year, his agreement to her relocation would be strictly contingent upon the achievement of a comprehensive settlement, making modifications to the Marital Settlement Agreement, an agreement with regard to child support and discontinuance of alimony. Broadly stated, Father's proposed alternative schedule would be to have custody on alternate weekends and approximately eight (8) weeks of the summer, excluding the first week before school starts and the first week of the summer school break and two other non-consecutive weeks for Mother to have vacation. He also proposes that Mother have alternate weekends during summer. Father seeks additional time during school breaks and holidays and expects that, because Mother has chosen the relocation, she should provide all of the transportation incident to custodial exchanges. Father acknowledges that the parties have frequent disagreements and, therefore, places great importance on his preference that the parties contemporaneously settle all of their custody issues, economic issues and sign the appropriate consents to achieve a no-fault divorce. Father is presently employed as an owner of a Papa John's Pizza store. His attorney relates that he has a hectic schedule and works long hours. NO. 02-3649 CIVIL TERM 5. The parties presently have a custodial schedule, by stipulation, which provides Father to have one (1) weekend, per month, from Friday at 5:00 PM until Sunday at 5:00 PM and custody each Monday and Friday. For some period of time, this agreement was modified and Father's weekly Friday periods of custody occurred on Thursdays. There is a factual dispute about whether this occurred for a year or a period of approximately nine (9) months. 6. In as much as the parties could not reach an agreement, with regard to an alternate schedule in the event of Mother's relocation to Maryland, and because of Father's unwillingness to reach a custody agreement in the absence of a comprehensive agreement on issues beyond the scope of the conciliator's authority,~e~ is referred for a hearing before the Court. Dat ' '~' Mel~ssa Peel Greevy, Esquire Custody Conciliator :214977 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA KEVlN S. MEEKER Plaintiff V. TAMMY L. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT .~,__[~, 2003, upon agreement of the parties, the Court AND NOW, August ORDERS and DECREES: 1. The parties will share legal custody, as defined in 23 Pa. C.S.A. § 5302, of their children, Cody S. Meeker (dob: 12/12/95) and Samantha A. Meeker (dob: 08/03/98). All decisions affecting the children's growth and development, inc, luding but not limited to medical treatment, education, and religious training, are major decisions which the parties will make jointly after discussion and consultation with each other. 2. Each parent shall have the right to receive and have access to school, medical and other important records regarding the children. 3. Mother will have primary physical custody as defined under Pennsylvania law. Mother also will have residential custody, and her residence shall be the children's residence for school and other purposes. Father will have partial physical custody as follows: a. Beginning Friday, September 5, 2003, alternating weekends from Friday at 8:30 p.m. until Sunday at 4:00 p.m. The parties will exchange custody at Hoss's Steak and Sea House, 61 Gettysburg Pike, Mechanicsburg, [Turnpike Exit 17 / off Route 15]. b. Beginning Friday, October 31, 2003, alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. The parties will exchange custody at the McDonald's at Exit 20A of Interstate 83. c. Four (4) weeks each summer when schc,ol is not in session, only two (2) of which may be taken consecutively. The weeks shall begin and end on a Friday. Reserved to Mother is the two-week period each summer when her family rents a cabin. Mother shall notify Father by e-mail of these dates by February I of each year. Father shall notify Mother by e-mail of the dates he selects for his summer custody periods not later than May 15 of each year. Neither parent shall use the first full week after the school year ends or the last full week before the school year begins for vacation The parties will share holidays as follows: Odd-Numbered Years Even-Numbered Years Easter F M Memorial Day M F Fourth of July F M Labor Day M F Thanksgiving M F Christmas Schedule A F M Christmas Schedule B M F a. The Easter holiday begins on Good Friday at 7:00 p.m. and ends on Easter Sunday at 7:00 p.m. b. Memorial Day and Labor Day begin ,an Friday preceding the holiday at 7:00 p.m. and end on the holiday at 7:00 p.m. c. The July Fourth holiday begins on July 3 at 7:00 p.m. and ends on July 5 at 7:00 p.m. d. The Thanksgiving holiday begins on Thanksgiving Eve at 7:00 p.m. and ends on Sunday at 7:00 p.m. e. Christmas Schedule A begins on December 23 at 7:00 p.m. and ends on December 28 at 7:00 p.m. If the children are in school on December 23, then this schedule will begin on December 24 at 7:00 p.m. f. Christmas Schedule B begins on December 28 at 7:00 p.m. January 2 at 7:00 p.m. If, however, classes resume on January 2, then the return time is January I at 7:00 p.m. 6. Mother's Day weekend is reserved to Mother. Father's Day weekend is reserved to Father. 7. Upon seven (7) days' notice by e-mail to Mother, Father may have three (3) hours with each child on the child's birthday provided Father is in Lusby, Maryland on the child's birthday. 8. The parties will exchange custody for holidays and vacation periods identified in the preceding paragraphs at the McDonald's at Exit 20A of Interstate 83. 3 9. The parties will not deviate from the alternating weekend schedule because of holidays or vacation unless it would result in a parent having more than two (2) consecutive weekends. 10. Each parent shall be entitled to reasonable telephone contact with the children when they are in the other parent's custody. Neither parent will call before 9:00 a.m. or after 8:00 p.m. The parties will return telephone calls promptly, but not later than 48 hours. 11. The parties shall keep each other informed of their addresses, telephone numbers, including cell phone numbers, and e-mail addresses. Not later than fourteen (14) days before assuming custody, each parent shall e-mail th(.' other with the addresses and telephone numbers of the children's whereabouts during their summer vacations and the Thanksgiving and the Christmas holidays. 12. The parties may vary the custody schedule from time to time. Absent agreement, the terms of this Order shall control. 13. The parties shall not possess, use or consume any controlled substances; consume alcoholic beverages to the point of intoxication when the children are in that parent's custody; or drink any alcoholic beverages before transporting 'the children. 14. Holidays take precedence over the other provisions of this order. 15. The August 21, 2003 hearing is continued to October 29, 2003 at 9:30 a.m. 16. The Cumberland County Court of Common Pleas will retain jurisdiction provided Father continues to reside in Cumberland County. BY THE COURT: 4 O.g- 3byq MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETI'LEMENT AGREEMENT is made as of the "~day of June, 2002, by and between KEVIN S. MEEKER, an adult individual residing at 2433 Rolling Hills Ddve, Mechanicsburg Cumberland County, Pennsylvania, 17055 (the "Husband"), and TAMMY L. MEEKER, an adult individual residing at 2433 Rolling Hills Ddve, Mechanicsburg Cumberland County, Pennsylvania, 17055 (the "Wife"). Recitals The background of this Agreement is as follows: R-I. The parties hereto, being Husband and Wife, were lawfully married on' March 27, 1993, in West Lawn, Berks County, Pennsylvania. R-2. Differences have adsen between Husband and Wife and, as a result, they live separate and apart from each other (despite residing in the same house) and have done so continuously since May 15, 2002 (the "Separation Date"). R-3. There are two children bom of the mardage between Husband and Wife, Cody S. Meeker (bom December 12, 1995) and Samantha A. Meeker (bom August 3, 1998). R-4. Husband and Wife desire to settle and determine finally, and for all time, their mutual property dghts, support and other matters related in any way to their marriage. NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. _Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Pennsylvania Divorce Code, their marriage is irretrievably broken. Either party may file a Complaint in Divorce in a court of competent jurisdiction. This Agreement shall not be affected in any way by the filing of a Complaint in Divorce. In the event a divorce action is filed, the parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301 (c) of the Divorce Code is entered as soon as passible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or other interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to, cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Residence. Husband is the title owner of cedain real property located at 2433 Rolling Hills Ddve, Mechanicsburg, Cumberland County, Pennsylvania (the "Real Property"), on which Real Property the parties had their marital residence and on which they continue to reside. Wife agrees to transfer all of her dght, title and interest in and to the Real Property to Husband. Wife shall execute the Quit Claim Deed attached hereto as Exhibit A transferring to Husband all of her interest in the Real Property at the time of signing this Agreement. Said Quit Claim Deed shall be held in escrowwith Husband's attorney and shall be released to Husband upon payment by Husband to Wife in the amount of Five Thousand & 00/1.00 ($5,000.00) Dollars pursuant to paragraph 7.b) hereof. The parties agree that Wife may, but shall not be obligated to, reside in the Real Property, until such time as she doses on the purchase of a house reasonably acceptable to Wife; provided that such dosing occur not later than three (3) months from the date of this Agreement, after which time, sole possession of the Real Property shall be with the Husband. Husband shall be solely liable for all mortgages, taxes, insurance, rePairs and maintenance relative to the Real Property and shall save Wife harmless from any and all liability adsing out of the same. 4. Equitable Distribution of Personal Property. Husband and Wife acknowledge that, except as specifically set forth herein, they have divided all personal property acquired dudng the marriage to their mutual satisfaction. In addition to the personal effects of each of the parties (such as clothing, toiletries and jewelry), which each party shall keep as separate property, attached hereto as Exhibit B is a partial list of personal property items to go to or be retained by the parties. Such items shall be transferred to the proper party not later than the expiration date that Wife may be in the Real Property pursuant to paragraph 3 above. To the extent Wife wishes to have any other item(s) of personal property in the Real Property, she shall have the dght to submit to the Husband, within thirty (30) days of the date of this Agreement a list of additional items of personal property she would like to have. If Wife does not timely submit such a list, in writing, she shall be deemed to have waived her dght to request any additional items. If Wife does submit such a list, Husband shall respond to it by indicating the items he is willing to give to Wife and the parties will then set a time for the exchange of those items; provided, however, that Husband shall only be obligated to give such of those items requested by W#e as Husband shall agree in his sole, but reasonable discretion. Except to the extent specifically set forth herein, or in the case of failure of either party to materially disclose the same, each party hereby specifically agrees and by this Agreement does hereby releasa all of his or her right, title, and interest to the other's personal property in such other barty's possession. 5. Vehicles. Husband shall transfer to Wife all of his dght, title and interest in and to the 1995 Toyota Camry. Husband hereby waives any right, title or interest that he may have in said automobile. Wife shall be responsible for all payments on loans secured by this automobile, repairs, insurance and all other costs incurred as a result of such ownership. Husband shall retain ownership of the 2002 Chevrolet Tahoe. Wife hereby waives any dght, title or interest that she may have in said vehicle. Husband shall be responsible for all payments on the loan to M&T Bank secured by this vehicle, repairs, insurance and al~ other costs incurred as a result of such ownership. Husband shall retain ownership of the 1996 Rinker Boat and shall be responsible for the signature loan used to purchase this Boat, repairs, insurance and all other costs incurred as a result of such ownership. 6. Time Share. The parties are the owners of a Marriott: Time Share (the "Time Share"), which they had used for vacations. Husband agrees to transfer all of his right, title and interest in and to the Time Share to Wn'e. Husband sball execute a deed or other document necessary to confirm this transfer. Wife shall be solely liable for all mortgages, taxes, insurance, fees, repairs and maintenance relative to the Time Share and shall save Husband harmless from any and all ~iability adsing out of the same. 7. Profit Sharing, Retirement, and Secudtie,~ The parties will evenly divide the Morgan Stanley IRA currently in Husband's name and shall transfer 50 % thereof to Wife to be rolled over into an IRA in Wife's name by whatever mechanism results in no immediate tax consequeoces. Each party otherwise agrees that any other accounts or securities titled in his or her name shall be the sole and exclusive property to the party in whose name the asset is titled and the other party hereby waives any right, title or interest that he or she may have in said assets. 8. Husband's Business. Husband shall retain sole ownership of his interests in Circle C Corp. and C Prime Corporation and Wife hereby waives any right, title or interest that she may have in said business interests. Husband shall pay to Wife the sum of Ten Thousand and 00/1.00 ($10,000.00) Dollars, to be paid to Wife as follows: a) Five Thousand and 00/1.00 ($5,000.00) Dollars upon her closing on the purchase of a house as intended in paragraph 3 hereof; and · b) Five Thousand and 00/1.00 ($5,000.00) Dollars within five (5) years after the entry of a Decree in Divorce, said payments to be made with 25% of any net dividends distributed to Husband from his interest in Circle C Corp., which shall be paid to Wife within five (5) days of receipt of the same, until the entire amount is paid in full or the expiration of said five (5) year pedod, whichever comes first, at which time there shall be no further obligation of Husband to Wife pursuant to this paragraph 7.b). 9. After-Acquired Property, Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any dght or interest he and she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date; except as specifically set forth herein. 10. Joint Debts. Husband and Wife represent that there are no joint debts or other obligations incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in the future, except as otherwise set forth herein. a) Obligations to be Assumed by Wife,. In addition tc, any other obligations expressly assumed by Wife hereunder, Wife shall bear sole responsibility for the outstanding balance of her Discover Card (with an approximate balance of $41.00) and the monthly installments for her Karate classes. b) Obligations to be Assumed by Husband. In addition to any other obligations expressly assumed by Husband hereunder, Husband shall bear sole responsibility for the outstanding balance of the parties' debts on the Signature Loan to Allflrst Bank (with an approximate balance of $17,650), the First USA Account (with an approximate balance of $99.00) the Fleet Account (with an approximate balance of $6,512.00), and the MBNA Account (with an approximate balance of $529.00) c) Future Debts. Neither parly shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands, including attorneys' fees and costs, made against the other party by reason of debts or obligations incum~l by such parbj. 11. Indemnification. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 12. Child Custody. Husband and Wife agree that the parties shall have joint legal custody and shared physical custody of their children in accordance with the agreement reached by the parties from time to time, taking into account each party's work schedules and flexibility to care for the children. For purposes of declaring head of household status on Wife's Federal Tax Retum, the parties agree that Wife shall be deemed to be the primary physical custodian of the minor children. The parties agree to cooperate with each other to minimize the need for any childcare expenses, taking into account aach party's work schedules and flexibility to care for the children. Each party specifically reserves the right to petition a court of competent jurisdiction for custody or visitation dghts relative to said children. 13. Child Support. Based on the parties' respective current incomes, Husband agrees to pay to Wife child support in the amount of $1,500.00 per month for the two children, said support to commence on the first day of the month immediately following the date Wife moves out of the Real Property, and continuing on the first day of each month thereafter. Said amount shall be subject to modification (either to increase or to dec~"ease or terminate) in accordance with the Pennsylvania Child Support Law and Guidelines. To the extent deemed to be necessary by mutual agreement of the parties, taking into account the standards set forth to determine physical custody pursuant to paragraph 11 hereof, the parties agree to evenly divide the cost of any reasonable, necessary and agreed upon childcare expenses. The parties also agree to evenly divide the costs and expenses of any child activities to the extent the same are reasonable and agreed upon by the parties. Husband agrees to continue to maintain health insurance for the children as long as the same continues to be offered through his employer at no or nominal cost to Husband (to include the cost as Husband may now be paying to include the children on his health insurance policy. Wife shall pay the first $250.00, per child per calendar year, of uncovered rnedicel expenses for the children and any additional uncovered expenses shall be evenly divided between the parties. Notwithstanding any provision herein to the contrary, the parties agree that Husband shall claim both children as dependents on his tax retums and Wife agrees to execute any IRS foml necessary to confirm this agreement. '7 14. ~pousal Support/Alimony. Husband agrees to pay to Wife the sum of One Thousand and 00/1.00 ($1,000.00) Dollars per month, as spousal support or alimony, as appropriate, commencing thirty days before the date Wife anticipates closing on the purchase of real property as a personal residence (provided however, that Husband shall be obligated to pay only $1,000.00 before the said closing), and continuing on the same day of each subsequent month, starting again one month after the Wife closes on the purchase of said real property, for an indefinite period of time, subject however to modification or termination in accordance with, and to be reviewed pursuant to, Pennsylvania Law. 15. Other Writings. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. 16. Counsel Fees. Each party agrees to pay his or her own attorney fees and other costs associated with the subject matter of this Agreement, including, without limitation, the Divorce Action. 17. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all dghts, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and dght to live in the madtal residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other; and any claim or dght in the distributive share or intestate share of the other party's estate. 18. Entire A,qreement]Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or wdtten, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 19. Nonwaiver of Performance, This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. 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 similar nature. 20. Invalidity. 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 stdcken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation as if such provision had not been initially included. The failure of any party to meet her or his obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 21. Breach. If either party materially breaches any provision of this Agreement after notice by the other party and failure of the breaching I~rty to correct the breach, the other party shall have the dght, at his or her election, to sue for such breach at law or in equity to enforce any dghts and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 22. Governin,q Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. Successors in Interest. Except as other~se provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 24. Le.qal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire. Wife has been advised by Husband's counsel to obtain separate legal counsel and has voluntadly~¢ose not to seek counsel Each party acknowledges that s~~th,s Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal dghts and obligations by counsel, or has waived the right to do so and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion.~'~'~ 25. Telecopier This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument and all of which together shall be considered one and the same agreement, and shall become effective when counterparts, which together contain the signatures of each party, shall have been delivered to all of the parties hereto. Delivery of executed signature pages by facsimile transmission shall constitute effective and binding execution and delivery of this Agreement. Thereafter, the parties will make good faith efforts to exchange original signed counterparts IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WIFE: WITNESS: Tammy L~k&r ~ HUSBAND: Kevin S. Meeker COMMONWEALTH OF PENNSYLVANIA: COUN OF .ss. On this, the /~ ~ day of June, 2002, before rne, a Notary Public, the undersigned officer, personally appeared Tammy L. Meeker, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ~ ' SS. On this, the ~ day of June, 2002, before me, a Notary Public, the undersigned officer, personally appeared Kevin S. Meeker, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my' hand and notarial seal. Rotary Public My Commission Expires~ 17 EXHIBIT A QUIT CLAIM DEED EXHIBIT B PERSONAL PROPERTY F:~sj(flS~54 Meeks', Ke~n~11812 Domes~c ReJations~3ocurnentsWlarltal Settlement Agreement.doc 6/7/02 2:24 PM KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 3649 : : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under § 3301(c) of the Divorce Code was filed on July 31, 2002 and served on the Defendant on or about August 12, 2002. An Acceptance of Service form was signed by the Defendant on August 12, 2002 and filed with the Court on August 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: August 21, 2003 Theresa Barrett Male Supreme Court # 46439 5'L3 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA KEViN S. MEEKER : Plaintiff : : v. : : TAMMY L. MEEKER : Defendant : NO. 02-3649 Civil Term CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 31, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint, 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Tammy L. IV~k~r X Date: August (3~/,, ,2003 KEVIN S. MEEKER, Plaintiff TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,, NO. 02 3649 : : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to rne immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalti,~of 18 Pa.C.S. / / {}4904 relating to unsworn falsification to authorities. / / Kev~n S. Meeke~, Pla~nbff Dated: August 21,2003 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff TAMMY L. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~mmy L. I~\ e~ei ~ Date: August q~l ,2003 KEVIN S. MEEKER, Plaintiff V. TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3649 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section [3301(c) 339!(d)] of the Divorce Code. (Strike out inapplicable section). 2. Date of filing and manner of service of complaint: Complaint in Divorce filed July 31,2002 and served by certified mail upon Defendant on or about August 12, 2002. Acceptance of Service signed by the Defendant was filed with the Court on August 19, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by Plaintiff dated August 21,2003, filed August 22, 2003; by Defendant dated August 21, 2003, filed August 22, 2003. (b)(1) Date of execution of the affidavit required by §3301(d) if the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A 4. Related claims pending. None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: August 22, 2003. Date Defendant's Waiver of Notice Divorce was filed with the Prothonotary: August 22, 2003. Date: August 22, 2003 Respectfully submitted, WiX, WEf~. ER & WEIDNER Sep n3. Dzu nin ~Esquire 508 North Seco Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff, Kevin S. Meeker KEVIN S. MEEKER~ Plaintiff VERSUS TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 02 - 3649 Civil Term DECREE IN DIVORCE AND NOW, °C5' z9 DECREED THAT KEVIN S . MEEKER ~> , it IS OrDEred aND , PLAINTIFF, AND TAMMY L. MEEKER .,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOL],OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION fOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated June 7, 2002, attached hereto is incorporated herein by reference but not merged into this Decree in Divorce. BY THE COURT: //7 ~/~ PROTHONOTARY KEVIN S. MEE Plaintiff Defendan AND NO~ custody hearing rescheduled to Mo County Courthous~ '~ephen J. Dzuranir 508 N. Second Street P.O. Box 845 Harrisburg, PA 17108 Attorney for Plaintiff '~eresa Barrett Male, 513 N. Second Street Harrisburg, PA 17101 Attorney for Defendan ER, : C~ER, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3649 CIVIL TERM ORDER OF COURT this 27th day of October, 2003, upon agreement of counsel, the ~viously scheduled in the above matter for October 29, 2003, is clay, February 2, 2004, at 9:30 a.m.,, in Courtroom No. 1, Cumberland Carlisle, Pennsylvania. BY THE COURT, ~sq. -0845 Esq. KEVIN S. MEEKER, Plaintiff/Petitioner TAMMY L. MEEKER, Defendant/Respondent IN THE COURt[' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3649 CIVIL TERM : CIVIL ACTION - CUSTODY PETITIONER'S PETITION FOR CONTEMPT AND TO ENFORCE CUSTODY ORDER AND NOW, comes the Petitioner, Kevin S. Meeker, by and through his attorneys, Wix, Wenger & Weidner, and files this Petition for Contempt and to Enfome Custody Order, and in support thereof avers as follows: 1. The Petitioner is Kevin S. Meeker (the "Father"), ar~ adult individual who currently resides at 2433 Rolling Hills Drive, Mechanicsburg,, Cumberland County, Pennsylvania. 2. The Respondent is Tammy L. Meeker (the "Mother"), an adult individual who currently resides at 11256 Sitting Bull Circle, Lusby, Maryland. 3. The parties are the parents of the minor children Cody S. Meeker (born December 12, 1995; age 7) and Samantha A. Meeker (born August 3, 1998; age 5) (the "Children"). 4. On August 21,2003, this Honorable Court entered and Order of Court relating to custody of the Children (the "Order"). A true and correct copy of the Order is attached hereto as Exhibit A and is incorporated herein by reference. 5. Paragraph 1 of the Order specifically directed that: The parties will share legal custody, as defined in 23 Pa.C.S.A § 5302, of their children, Cody S. Meeker (dob: 12/12/95) and Samantha A. Meeker (dob: 08/03/98). All decisions affecting the children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which the parties will make jointly after discussion and consultation with each other. Since the entry of the Order, Mother has violated, and Father believes that Mother will continue to violate, paragraph 1 of the Order as follows: a. Mother has not involved Father in any discussions or decisions regarding the schooling of the Children. Father was not notified, consulted or involved in the decision regarding the enrolh'nent of Samantha in kindergarten, nor in the decision regarding the enrollment of Samantha in before-school care. b. Mother has not provided Father with an emergency contact list, and Father suspects that he is not included on said list for the Children at school c. Father was not consulted regarding the medical decisions concerning the Children. d. Father has not been consulted regarding the babysitting of the Children. Paragraph 2 of the Order specifically directed that: "Each parent shall have the right to receive and have access to school, medical and other important records regarding the children." Mother has violated paragraph 2 of the Order as follows: a. Mother refuses to provide Father with information about the Children's schooling aside from the names of the teachers. The schools have refused to release such information directly to Father. 10. 11. b. Mother has refused to provide information about the doctor she has chosen to treat the Children, and has provided no information regarding the health of the Children. c, Mother has refused to provide information about the Children's enrollment in activities such as the Cub Scouts and after-school programs, d. Mother has refused to provide information about the babysitter she has chosen to care for the Children. e. Mother refused to notify Father of the need 1:o order and pay for school pictures for the Children until it was too late to do so. Mother also refuses to share such pictures she has with the Father, Paragraph 10 of the Order specifically directed that: "Each parent shall be entitled to reasonable telephone contact with the children when they are in the other parent's custody. Neither parent will call before 9:00 a.m. or after 8:00 p.m. The parties will return telephone calls promptly, but not later than 48 hours." Mother has violated paragraph 10 of the Order as follows: a. Mother has not allowed reasonable telephone contact with the Children. b. Mother had not returned, or had the Children return, phone messages left for the Children by Father. Father loves his children and Mother's behavior in violating the Order, as set forth above, is interfering with Father's ability to have meaningful consistent contact with the Children. 12. Father has incurred counsel fees, costs and expenses as a direct result of Mother's violations of the Order. WHEREFORE, Petitioner/Father respectfully requests that this Honorable Court enter an Order finding Respondent/Mother in contempt of court and direct the Mother to immediately comply with the Order to: A. Fully inform Father of each and every decision affecting the Children's growth and development and make decisions regarding these aspects only after discussion and consultation with Father. B. Provide copies of all school related and other information relating to the Children. C. Notify the schools that the Children attend to add Father as a contact and to inform the schools that they shall provide all information relating to the Children to Father. D. Allow the Children to call Father and allow Father reasonable and uninterrupted telephone contact with the Children, including returning all phone calls left by Father within twenty-four hours. E. Grant to Father the reasonable counsel fees, costs and expenses he has incurred as a result of Mother's failure to abide by the terms of the Order. Petitioner further respectfully requests this Honorable Court to grant such further relief as this Court deems just and appropriate. Date: Respectfully Submitted, WiX, WENGER & WEIDNER By: /~ Stel~l~t Jeffret 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner · I~zu~anin, I.D. #52653 Clark, I.D. #89277 F:~sjd~5654 Meeker, Kevin\11812 Domestic Relations~Documents\Petition for Contem,pt.doc VERIFICATION I, Kevin S. Meeker, Petitioner in the foregoing Petition for Contempt and to Enforce Custody Order, have read the foregoing Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of unswom fal ification aut ori' 18 Pa.C.S.A. Section 4904, relating to ~'~/~~ Kevin S. Meeker, Petitioner EXHIBIT A Theresa Barrett Male Supreme Court # 46439 53.3 NoAh Second Street Harrisburg, PA ~.7:L01 (73.7} 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND CO[JNTY, PENNSYLVANIA KEVlN S. MEEKER Plaintiff v. TAMMY L. MEEKER Defendant AND NOW, August ORDERS and DECREES: NO. 02-3649 Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT ,,,, 2003, upon agreement of the parties, the Court 1. The parties will share legal custody, as defined in 23 Pa. C.S.A. § 5302, of their children, Cody S. Meeker (dob: 12/12/95) and Samantha A. Meeker (dob: 08/03/98). All decisions affecting the children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which the parties will make jointly after discussion and consultation with each other. 2. Each parent shall have the right to receive and have access to school, medical and other important records regarding the children. 3. Mother will have primary physical custody as defined under Pennsylvania law. Mother atso will have residential custody, and her residence shall be the children's residence for school and other purposes. Father will have partial physical custody as follows: a. Beginning Friday, September 5, 200:3, alternating weekends from Friday at 8:30 p.m. until Sunday at 4:00 p.m, The parties will exchange custody at Hoss's Steak and Sea House, 6Z Gettysburg Pike, Mechanicsburg, [Turnpike Exit 17 / off Route 15]. b. Beginning Friday, October 31, 2003, alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. The parties will exchange custody at the McDonald's at Exit 20A of Interstate 83. c. Four (4) weeks each summer when school is not in session, only two (2) of which may be taken consecutively. The weeks shall begin and end on a Friday. Reserved to Mother is the tw¢~week period each summer when her family rents a cabin. Mother shall notify Father by e-mail of these dates by February I of each year. Father shall notify Mother by e-mail of the dates he selects for his summer custody periods not later than May 15 of each year. Neither parent shall use the first full week after the school year ends or the last full week before the school year begins for vacation The parties will share holidays as follows: Odd-Numbered Years Even-Numbered Years Easter F M Memorial Day M F Fourth of July F M Labor Day M F Thanksgiving M F Christmas Schedule A F M Christmas Schedule B M F 2 a. The Easter holiday begins on Good Friday at 7:00 p.m. and ends on Easter Sunday at 7:00 p.m. b. Memorial Day and Labor Day begin on Friday preceding the holiday at 7:00 p.m. and end on the holiday at 7:00 p.m. c. The July Fourth holiday begins on July 3 at 7:00 p.m. and ends on July 5 at 7:00 p.m. d. The Thanksgiving holiday begins on Thanksgiving Eve at 7:00 p.m. and ends on Sunday at 7:00 p.m. e. Christmas Schedule A begins on December 23 at 7:00 p.m. and ends on December 28 at 7:00 p.m. If the children are in school on December 23, then this schedule will begin on December 24 at 7:00 p.m. f. Christmas Schedule B begins on December 28 at 7:00 p.m. January 2 at 7:00 p.m. if, however, classes resume on January 2, then the return time is January 1 at 7:00 p.m. 6. Mother's Day weekend is reserved to Mother. Father's Day weekend is reserved to Father. 7. Upon seven (7) days' notice by e-mail to Mother, Father may have three (3) hours with each child on the child's birthday provided Father is in Lusby, Maryland 'on the child's birthday. 8. The parties will exchange custody for holidays and vacation periods identified in the preceding paragraphs at the McDonald's at Exit 20A of Interstate 83. 9. The parties will not deviate from the alternating weekend schedule because of holidays or vacation unless it would result in a parent having more than two (2) consecutive weekends. ZO, Each parent shall be entitled to reasonable telephone contact with the children when they are in the other parent's custody. Neither parent will call before 9:00 a.m, or after 8:00 p.m. The parties will return telephone calls promptly, but not later than 48 hours. Z1. The parties shall keep each other informed of their addresses, telephone numbers, including cell phone numbers, and e-mail addresses. Not later than fourteen (14) days before assuming custody, each parent shall e-mail the other with the addresses and telephone numbers of the children's whereabouts during their summer vacations and the Thanksgiving and the Christmas holidays. 12. The parties may vary the custody schedu;le from time to time, Absent agreement, the terms of this Order shall control. 13. The parties shall not possess, use or consume any controlled substances; consume alcoholic beverages to the point of intoxication when the children are in that parent's custody; or drink any alcoholic beverages before transportinl-~ the children. :Z4. Holidays take precedence over the other provisions Of this order. 15. The August 21, 2003 hearing is continued to October 29, 2003 at 9:30 a.m, 16. The Cumberland County Court of Common Pleas will retain jurisdiction provided Father continues to reside in Cumberland County. BY THE COURT: 4 KEVIN S. MEEKER, Plaintiff/Petitioner TAMMY L. MEEKER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3649 CIVIL TERM : : : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition for Contempt and to Enforce Custody Order was sent by first class mail or hand delivery this day to the following: Theresa Barrett Male, Esquire 514 North Second Street Harrisburg, PA 17101 Attorney for Respondent Date: WiX, WENGER & WEIDNER P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner KEVIN S. MEEKER, Plaintiff TAMlVIY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL2qTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3649 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of November, 2003, upon consideration of Plaintiff's Petition for Contempt and To Enforce Custody Order, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate and expedite this referral. BY THECOURT, ~ephen J. Dzuranin, Esq. 508 N. Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff ~eresa Barrett Male, Esq. 514 North Second Street Harrisburg, PA 17101 Attorney for Defendant · ~esley Oler,~) J. ~ Cumberland County Court Administrator _ KEV1N S. MEEKER PLAINTIFF TAMMY L. MEEKER DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND C OUN I Y, PENNSYLVANIA 02-3649 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 20, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev , Es~5~q:~, the conciliator, at 301 Market Street, Le~e, PA 17043 on Wednesday, December 10, 2003 for a Pre-Hearing ustody Conference. At such conference, an eftbrt will be made to resolve the issues in dispute; or C ~ at I:30~PM if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 15ailure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For informahon about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any bearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TI[tIS PAPER TO YOUR ATTORNEY .AT ONCE. IF YOU DO NOT HAVE AN ATTORNEy OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 DEC 1 7 2003 ~:~ KEVIN S. MEEKER, Plaintiff V. TAMMY L. MEEKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3649 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 1~{¼ day of December, 2003, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. Hearin.q. A hearing is scheduled in Courtrogm Number / of the Cumberland C,ounty Courthouse, on the ~' day of '-~_~,.,,~,c,.,j ~ 2004, at ~';~, ~ o clock ~ .M., at which time testimony will be taken. For ti~ purposes of the hearing, the Father, Kevin S. Meeker, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: Stephen J. Dzuranin, Esquire, P.O. Box 845, Harrisburg, PA 17108 Theresa Barrett Male, Esquire, 513 N. Second St., Harrisburg, PA 17101 KEVIN S. MEEKER, Plaintiff V. TAMMY L. MEEKER, Defendant IN THE COl JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3649 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceming the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha A. Meeker Cody S. Meeker August 29, 1998 December 12, 1995 Mother Mother 2. A Custody Conciliation Conference was held on December 10, 2003, upon referral to conciliation by Judge Oler, following his review of a Petition for Contempt and Enforcement filed by Father. Attending the Custody Conciliation Conference were: the Father, Kevin S. Meeker, and his counsel, Stephen Dzuranin, Esquire; the Mother's counsel, Theresa Barrett Male, Esquire. Mother, Tammy L. Meeker, participated by telephone as she resides in Maryland. 3. Fathers position is as follows: The parties entered an agreement which was made into an Order of Court of August 21, 2003. This agreement allowed Mother to relocate to Maryland and provided periods of partial custody for Father. Father alleges that since the entry of the Order, Mother has violated the Order by failing to involve him in decision-making regarding topics such as enrollment of the parties' daughter at school, enrollment in before school care and choice of babysitters. Father further alleges that Mother has violated Paragraph 2 of the Order by failing to provide him with information regarding the school, the name of the physician that treated their son, information regarding extra-curricular activities and school pictures. Father further alleges that Mother is not returning 60-70% of phone messages which have been left by the Father and not permitting reasonable telephone contact with the children. Father seeks a finding of contempt and an Order directing Mother's compliance and counsel fees and costs associated with her failure to abide by the Order. NO. 02-3649 CIVIL TERM 4. Mother's position is as follows: With regard to access to school and medical information, Mother points out that the Order to which padies agreed provided that Father be allowed access, but did not require her to be the provider of that information. Mother reports that she has provided the schools with the Order and does not believe she should be held responsible for the failure of the school to comply 'with their duty to cooperate with providing information to Father. Mother reports that she informed Father that she enrolled the child in school in kindergarten. She did this despite his objection, because she reports that Maryland law requires her to enroll the child at age five (5). There are multiple factual disputes between the parties about whether Mother has provided certain information to Father and whether Mother provided information in advance of a decision being made, rather than after the fact. Additionally, Mother did not find it necessary to inform Father that the parties' son had seen a doctor to rule out the possibility of strep throat or bronchitis. Mother produced a copy of the emergency contact form for the school district which did provide Father's name and phone number. However, she did not mark a portion of the form that indicated that he was to be contacted in an emergency. Mother reports that this was because the school district asked for names of local people that they could contact in the event that they could not reach her. Mother reports the school policy was to ask the parents to designate only local adults as emergency contact, and that only in the event of a life threatening situation will they contact a non-local parent. With regard to extra-curricular activities, Mother reports that she had discussed the daughter's enrollment in Daisies with the Father during the summer and that Father had agreed to allow her to participate in a summer program associated with Daisies as a pre-cursor to her enrollment in that program after the school year began. She also points out that Father knew that the parties' son had participated in Cub Scouts locally. With regard to the school pictures, Mother reports that the parties' son did not bring the form home until the day before the pictures were to be taken and then failed to turn in the form and the money. Therefore, he is only recently had his school pictures taken. She has agreed to provide Father with the information through which he can order copies of the children's school photographs. With regard to telephone contact, Mother reports that she has returned telephone calls from Father with in twenty-four (24) hours of the message. She also notes that each message that she receives from Father is marked urgent. With regard to the after school program, Mother reports that she has e-mailed Father information about the Panda's Pride. 5. It is apparent the parent the parties continue to have serious discord and distrust in their parenting relationship. It is also clear that each of them read the paragraph providing Father right to access the information differently. Father expects that his right to access should not require any effort on his part, rather he views it a duty which the Mother NO. 02-3649 CIVIL TERM should fulfill. Father is quite pessimistic that Mother will change her behavior in the ways that he seeks them to be changed unless the Court finds her in contempt. He has, therefore, asked for a hearing. /t]~~~~ 'D~ae~~;~/''''/~ '~ ~ (- I~elissa Peel (~re~vy, Esquire Custody Conciliator :222015 KEVIN S. MEEKER, Plaintiff VS. TAMMY L. MEEKER, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3649 CIVIL CIVIL ACTION - CUSTODY ORDER OF COURT day of February, 2004, upon consideration of Defendant's Petition for Modification of Custody Order and for Plowman Hearing on Relocation Request and of Plaintiff's Petition for Contempt and To Enforce Custody Order, with respect to the parties' children, Cody S. Meeker (d.o.b. December 12, 1995) and Samantha A. Meeker (d.o.b. August 2, 1998), and following a hearing held on February 2, 2004, it is ordered and directed as follows: 1. The Court finding that (a) the mother's relocation to Maryland was likely to significantly improve the quality of life for the mother and the children, and has done so, (b) the move was not motivated simply by a desire to frustrate the visitation rights of Plaintiff, (c) visitation arrangements compatible with the relocation are feasible to ensure a continuing, meaningful relationship between the father aa~d the children, and (d) the custodial terms of the order of court dated August 21, 2003, represent such an arrangement and are in the best interests of the children, the mother's relocation to Maryland as primary physical custodian of the children is approved, and the custodial terms of the order of court dated August 21, 2003, shall remain in full force and effect. 2. Plaintiff's petition for contempt is dismissed; and 3. All other relief requested by either party is denied. 4. The parties are encouraged to try to behave more civilly toward each other to promote the children's welfare and sense of well-being. BY THECOURT, ~/~tephen J. Dzuranin, Esquire 508 N. Second Street P. O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff ~l~heresa Barrett Male, Esquire 513 N. Second Street Harrisburg, PA 17101 Attorney for Defendant :rim KEVIN S. MEEKER, Plaintiff Vo TAMMY L. MEEKER, Defendant CIVIL ACTION - LAW NO. 02-3649 CIVIL TERM CIVIL ACTION - CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this 2nd day of February, 2004, upon consideration of Defendant's Petition for Modification of Custody Order and for Plowman Hearing on Relocation Request, and of Plaintiff's Petition for Contempt and To Enforce Custody Order with respect to the parties' children, Cody S. Meeker (date of birth December 12, 1995), and Samantha A. Meeker (date of birth August 2, 1998), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, Steven J. Dzuranin, Esquire 508 North Second Street Harrisburg, PA 17108-0845 For the Plaintiff Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 For the Defendant esley O~a~, Jr~ J. pcb Theresa Barrett Male Supreme Court # 46439 52.3 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER : Plaintiff v, : NO, 02-3649 Civil Term : TAMMY L. MEEKER : Defendant : CIVIL ACTION - DIVORCE DEFENDANT'S PETITION TO ENFORCE SE]TLEMENT AGREEMENT PURSUANT TO 23 PA. C.S.A. § 3:502(e) 1. Plaintiff Kevin S. Meeker currently resides at 2433 Rolling Hills Drive, Mechanicsburg, PA 17055. 2. Defendant Tammy S. Meeker currently resides at 12036 Bullwhip Trail, Lusby, MD 20657. 3, On June 7, 2002, the parties executed a marital settlement agreement ("agreement") resolving all economic issues incident to their divorce. A copy of the agreement is attached as Exhibit 1. counsel, The agreement was prepared by Mr. Meeker's ceunsel. When the parties executed the agreement, Ms. Meeker was not represented by 6. The parties were divorced on August 27, 2003. A copy of the Decree in Divorce is attached as Exhibit 2. 7. The agreement was incorporated but not merged into the divorce decree. 8. Pursuant to paragraph 7 of the agreement, Mr. Meeker agreed to transfer to Ms. Meeker, by a rollover IRA, fifty percent (50%) of his Morgan Stanley IRA. 9. Mr. Meeker did not comply with this provision. 10. On November 13, 2003, Ms. Meeker, through her current counsel, requested information from Mr. Meeker in order to facilitate transfer of her marital portion of the Stanley Morgan IRA. 11. On November 14, 2003, Ms. Meeker's counsel confirmed, in writing, her request. A copy of the fax is attached as Exhibit 3. 12. As of the filing date of this petition, Mr. Meeker has not complied. 13. As of the filing date of this petition, Mr. lVleeker has not complied with paragraph 7 of the agreement. 14. Pursuant to paragraphs 13 and 14 of the agreement, Mr. Meeker agreed to pay Ms. Meeker certain sums for child support and spousal support, respectively. 15. Mr. Meeker failed to pay child support and spousal support as required by the agreement, thus necessitating Ms. Meeker's institution and prosecution of a support action.~ 16. Pursuant to paragraph 14 of the agreement, Mr. Meeker agreed to pay Ms. Meeker alimony in the amount of $1,000.00 per month. 1 Pending are Mr. Meeker's demand for de novo hearing and his modification petition on the DRS- recommended support order dated June 23, 2003. 2 17. Mr. Meeker has failed to comply with this provision. 18. In consideration of, and in reliance on, Mr. Meeker's promise to pay child support, spousal support, and alimony under the terms of the agreement, Ms. Meeker agreed to allocate to Mr. Meeker the dependency exemptions for the parties' children, Cody S. Meeker (dob: 12/:12/95) and Samantha A. Meeker (dob: 08/13/98). :19. Mr. Meeker's failure to comply with his support obligations under the agreement required Ms. Meeker to claim the dependency exemptions, thereby providing an additional source of support for herself and her children.2 20. Because Mr. Meeker failed to comply with his support obligations under the agreement, he is estopped from claiming the dependency exennptions. 2:1. Section 3502 of the Divorce Code provides in relevant part: If... a party has failed to comply with ... the terms of an agreement as entered into between the parties, after hearing, the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (:1) enter judgment; (2) authorize the taking and seizure of the goods and chattels and collection of the rents and profits of the real, personal, ta~ngible and intangible property of the party; (3) award interest on unpaid installments; (4) order and direct the transfer and sale of any property required in order to comply with the court's order; (5) require security to insure future payments in compliance with the court's order; Mr. Meeker has been unemployed since July 2003. 3 (6) issue attachment proceedings, directed to tile sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in contempt of court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fee and costs; (8) attach wages; or (9) find the party in contempt. 23 Pa. C.S.A. § 3502(e). 22. ~s a direct and proximate result of Mr. Meeker's conduct, Ms. Meeker has incurred attorney's fees. 23. As a direct and proximate result of Mr. Meeker's conduct, Ms. Meeker has incurred expenses, including but not limited to, incidental damages. 24. Ms. Meeker anticipates that she will incur additional legal fees, and expenses, in connection with this petition. Wherefore, Defendant respectfully requests the Court set a hearing on this petition, and, after hearing, enter an order pursuant to 23 Pa.C.S.A. § 3502(e), including but not limited to the following relief: a. Awarding Defendant past-due alimony, with inte~rest. b. Directing Plaintiff to pay alimony as required by the settlement agreement. c. Directing Plaintiff to post a bond to secure future alimony payments. 4 Directing Plaintiff to transfer fifty (50%) perce]~t of his Morgan Stanley IRA to Defendant. Awarding Defendant all of her legal fees, costs, and expenses, and damages flowing from Plaintiff's failure to comply with the settlement agreement. Date: February 11, 2004 Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant 5 Exhibit 1 MARITAL SETTLEMENT AGREEMENT THiS MARITAL SETTLEMENT AGREEMENT is made as of the day of June, 2002, by and between KEVIN S. MEEKER, an adult individual residing at 2433 Rolling Hills Drive, Mechanicsburg Cumberland County, Pennsylvania, 17055 (the "Husband"), and TAMMY L MEEKER, an adult individual residing at 2433, Rolling Hills Ddve, Mechanicsburg Cumberland Count~, Pennsylvania, 17055 (the "Wire"). Recitals The background of this Agreement is as follow~;: R-1. The padies hereto, being Husband and Wife, ware lawfully married on March 27, 1993, in West Lawn, Berks County, Pennsylvania. R-2. Differences have arisen between Husband and Wife and, as a result, they live separate and apart from each other (despite residing in the same house) and have done so continuously since May 15, 2002 (the "Separation Date"). R-3. There are two children bom of the marriage between Husband and Wife, Cody S. Meeker (born December 12, 1995) and Samantha A. Meeker (bom August 3, 1998). R-4. Husband and Wife desire to settle and determine finally, and for all time, their mutual property rights, support and other matters related in any way to their marriage. NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically understood and agreed by and between the parties, and each pady does hereby warrant and represen~ to the other that, as defined in the Pennsylvania Divorce Code, their marriage is irretrievably broken. Either party may file a Complaint in Divorce in a court of competent jurisdiction. This Agreement shall not be affected in any way by the filing of a Complaint in Divorce. In the event a divorce action is filed, the parties agree to take all legal steps (including the timely and prompt submission of all documents and the ~ taking of all action) necessary to assure that a divorce pursuant to Section 330'1(c) of the. Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or other interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other 1o cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Marital Residence. Husband is the title owner of certain real property located at 2433 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "Real Property"), on which Real Property the p~arties had their marital residence and on which they continue to reside. Wife agrees to transfer all of her right, title and interest in and to the Real Property to Husband. Wife shall execute the Quit Claim Deed attached hereto as Exhibit A transferring to Husband all of her interest in the Real Property at the time of signing this Agreement. Said Quit Claim Deed shall be held in escrowwith Husband's attorney and shall be released to Husband upon payment by Husband to Wife in the amount of Five Thousand & 00/1.00 ($5,000.00) Dollars pursuant to paragraph 7.b) hereof. The parties agree that Wife may, but shall not be obligated to, reside in the Real Property, until such time as she closes on the purchase of a house reasonably acceptable to Wife;; provided that such closing occur not later than three (3) months from the date of this Agreement, after which time, sole possession of the Real Property shall be with the Husband. Husband shall be solely liable for all mortgages, taxes, insurance, repairs an..d maintenance relative to the Real Property and shall save Wife harmless from any and all liability arising out of the same. Equitable Distribution of Personal Property. Husband and Wife acknowledge that, except as specifically set forth herein, they have divided all personal property acquired during the marriage to their mutual satisfaction. In addition to the personal effects of each of the parties (such as clothing, toiletries and jewelry), which each party shall keep as separate preperty, attached hereto as Exhibit B is a partial list of personal property items to go to or be retained by the parties. Such items shall be transferred to the proper party not later than the expiration date that Wife may be in the Real Property pursuant to paragraph 3 above. To the extent Wife wishes to have any other item(s) of personal property in the Real Property, she shall have the right to submit to the Husband, within thirty (30) days of the date of this Agreement, a list of additional items of personal property she would like to have. If Wife does not timely submit such a list, in writing, she shall be deemed to have waived her right to request any additional items. If Wife does submit such a list, Husband shall respond to it by indicating the items he is willing to give to Wife and the parties will then set a time for the exchange of those items; provided, however, that Husband shall only be obligated to give such of those items requested by Wife as Husband shall agree in his sole, but reasonable discretion. E>(cept to the extent specifically set forth herein, or in the case of failure of either party to materially disclose the same, each party hereby specifically agrees and by this Agreement does hereby release all of his or her right, title, and iinterest to the other's personal property in such other party's possession. 5. Vehicles. Husband shall transfer to Wife all of his right, title and interest in and to the 1995 Toyota Camry. Husband hereby waives any right, title or interest that he may have in said automobile. Wife shall be responsible for all payments on loans secured by this automobile, repairs, insurance and all other costs incurred as a result of such ownership. Husband shall retain ownership of the 2002 Chevrolet Tahoe. Wife hereby waives any right, title or interest that she may have in said vehicle. Husband shall be responsible for all payments on the loan to M&T Bank secured by this vehicle, repairs, insurance and all other costs incurred as a result of such ownership. Husband shall retain ownership of the 1996 Rinker Boat and shall be responsible for the signature loan used to purchase this Boat, repairs, insurance and all other costs incurred as a result of such ownership. 6. Time Share. The parties are the owners of a Marriott Time Share (the "Time Share"), which they had used for vacations. Husband agrees to transfer all of his right, title and interest in and to the Time Share te Wife. Husband shall execute a deed or other document necessary to confirm this transfer. Wife shall be solely liable for all mortgages, taxes, insurance, fees, repairs and maintenance relative to the Time Share and shall save Husband harmless from any and all liability arising out of the same. 7. Profit Sharin,q, Retirement, and Securities. The parties will evenly divide the Morgan Stanley IRA currently in Husband's name and shall transfer 50 % thereof to Wife to be rolled over into an IRA in Wife's name by whatever mechanism results in no immediate tax consequences. Each party otherwise agrees that any other accounts or securities titled in his or her name shall be the sole and exclusive property to the party in whose name the asset is titled and ,4 the other party hereby waives any right, title or interest that he or she may have in said assets. 8. Husband's Business. Husband shall retain sole ownership of his interests in Circle C Corp. and C Prime Corporation and Wife hereby waives any right, title or interest that she may have in said business interests. Husband shall pay,to Wife the sum often Thousand and 00/1.00 ($10,0,00.00) Dollars, to be paid to Wife as follows: a) Five Thousand and 00/1.00 ($5,000.00) Dollars upon her closing on the purchase of a house as intended in paragraph 3 hereof; and b) Five Thousand and 00/1.00 ($5,000.00) Dollars within five (5) years after the entn/of a Decree in Divorce, said payments to be made with 25% of any net dividends distributed to Husband from his interest in Circle C Corp., which shall be paid to Wife within five (5) days of receipt of the same, until the entire amount is paid in full or the expiration of s;aid five (5) year period, whichever comes first, at which time there shall be no further obligation of Husband to Wife pursuant to this paragraph 7.b). 9. After-Acquirad Property. Husband and Wife ackno~Medge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he and she may have in property, real, personal, or mixed, purchased or otherwise acquirad by the other party after the Separation Date, except as specifically set forth herein. 10. Joint Debts. Husband and Wife represent that there are no joint debts or other obligations incurred by either of them currently outstanding with respect to which the other pady may incur any liability now or in the fiJture, except as otherwise set forih herein. a) Obli,qations to be Assumed by Wife. In addition to any other obligations expressly assumed by Wife hereunder, Wife shall bear sole responsibility for the outstanding balance of her Discover Card (with an approximate balance of $41.00) and the monthly installments for her Karate classes. b) Ob .qations to be Assumed by Husband. In addition to any other obligations expressly assumed by Husband hereunder, Husband shall bear sole responsibility for the outstanding balance of the parties' debts on the Signature Loan to Allflrst Bank (with an approximate balance of $17,650), the First USA Account (with an approximate balance of $99.00) the Fleet Account (with an approximate balance of $6,512.00), and the MBNA Account (with an approximate balance of $529.00) c) Future Debts. Neither party shall contract or incur any debt or liability for which/he other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other' party from any and all claims or demands, including attorneys' fees and costs, made against the other party by reason of debts or obligations incurred by such party. 11. Indemnificatioq. Each party hereby expressly agrees to indemnity and hold harmless the other from any and all liability, direct or' indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 12. Child Custody. Husband and Wife agree that the parties shall have joint legal custody and shared physical custody of their children in accordance with the agreement reached by the padies from time to time, taking into account each pady's work schedules and flexibility to care for the children. For purposes of declaring head of household status on Wife's Federal Tax Return, the parties agree that Wife shall be deemed to be the primary physical custodian of the minor children. The parties agree to cooperate with each other to minimize the need for any childcare expenses, taking into accounl each party's work schedules and flexibility to care for the children. Each party specifically reserves the right to petition a court of competent jurisdiction for custody or visitation rights relative to said children. 13. Child Support. Based on the parties' respective ,current incomes, Husband agrees to pay to Wife child support in the amount of $1,500.00 per month, for the two children, said support to commence on the first day of the month immediately following the date Wife moves out of the Real Property, and continuing on the first day of each month thereafter. Said amount shall be subject to modification (either to increase or to dacrease or terminate) in accordance with the Pennsylvania Child Support Law and Guidelines. To the extent deemed to be necessary by mutual agreement of the parties, taking into account the standards set forth to determine physical custody pursuant to paragraph 11 hereof, the parties agree to evenly divide the cost of any reasonable, necessary and agreed upon childcar'e expenses. The parties also agree to evenly divide the costs and expenses of any child activities to the extent the same are reasonable and agreed upon by the parties. Husband agrees to continue to maintain health insurance for the children as long as the same continues to be offered through his employer at no or nominal cost to Husband (to include the cost as Husband may now be paying to include the children on his health insurance policy. Wife shall pay the first $250.00, per child per calendar year, of uncovered medical expenses for the children and any additional uncovered expenses shall be evenly divided between the parties. Notwithstanding any provision herein to the contrary, the parties agree that Husband shall claim both children as dependents on his tax returns and Wife agrees to execute any IRS form necessary to confirm this agreement. 14. Spousal Support/Alimony. Husband agrees to pay to Wife the sum of One Thousand and 00/1.00 ($1,000.00) Dollars per month, as spousal support or alimony, as appropriate, commencing thirty days before the date Wife anticipates closing on the purchase of real prope,rty as a personal residence (provided however, that Husband shall be obligated to pay only $1,000.00 before the said closing), and continuing on the same day of each subsequent month, starting again one month after the Wife closes on the purchase of said real property, for an indefinite period of time, subject however to modification or termination in accordance with, and to be reviewed pursuant to, Pennsylvania Law. 15. Other Writin,qs. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. 16. Counsel Fees. Each party agrees to pay his or he~' own attorney fees and other costs associated with the subject matter of this Agreement, including, without limitation, the Divorce Action. 17. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the marital residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other; and any claim or right in the distributive share or intestate share of the other ioarty's estate. 18. Entire Agreement/Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 19. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict perforrnance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. Invalidity. 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 stdcken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation as if such provision had not been initially included. The failure of any party to meet her or his obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 21. Breach. If either party materially breaches any provision of this Agreement after notice by the other party and failure of the breaching party to correct the breach, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 22. Govemin.q Law. This Agreement shall be construed in accordance with the laws of the Commonweallh of Pennsylvania. 23. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 24. Le,qal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband ha.,s been represented by Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire. Wife has been advised by Husband's counsel to obtain separate legal counsel and has vo_.__.~luntarily,~chosen not to seek counsel. Each party acknowledges that sh~this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal fights and obligations by counsel, or has waived the fight to do so and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion.~'- ")4'~, 25. Telecopier This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument and all of which together shall be considered one and the same agreement, and shall become effective when counterparts, which together contain the signatures of each party, shall have been delivered to all of the parties hereto. Delivery of executed signature pages by facsimile transmissien shall constitute effective and binding execution and delivery of this Agreement. Thereafter, the parties will make good faith efforts to exchange original signed counterparts 10 IN WITNESS WHEREOF, the padies hereto have set their hands and seals the day and year first above written. WITNESS: WIFE: VVITNESS: Tammy L~ek&r ~ HUSBAND: Kevin S. Meeker COMMONWEALTH OF PENNSYLVANIA: · SS. COUNTY OF ~ On this, the '/ day of June, 2002, before rne, a Notary Public, the undersigned officer, personally appeared Tammy L. Meeker, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF ~L~~ IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: I (SEAL) ! On this, the '/-- day of June, 2002, before rne, a Notary Public, the undersigned officer, personally appeared Kevin S. Meeker, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set rny hand and notarial seal. My Commission Expiresl Nom~ ~ '1 Robe~a L Nlckle~l, Nolafy Publk~ I (SEAL) / L~.~~W i EXHIBIT A QUIT CLAIM DEED EXHIBIT B PERSONAL PROPERTY F:~jd~,654 Meeker, Kevin\l 1812 Domestic Relations\Document s~arital Sefflemer)t Agreement.doc 6/7/02 2:24 PM 1,4 D Exhibit 2 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~. PENNA. KEVIN S. MEEKER~ Plaintiff VERSUS TAMMY L. MEEKER~ Defendant NO. 02 3649 Civil Term DeCree iN DIVORCE AND NOW, KEVIN S. MEEKER DECREED THAT TAMMY L. MEEKER AND ,LO ,~ , ~T IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICh hAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDEr HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated June 7~ 2002~ attached hereto is incorporated herein by reference but not merged into this Decree in Divorce. BY THe COURT: ///7 //~ PROTHONOTARY Exhibit 3 THERESA BARRETT MALE, ESQUIRE To: FACSIMILE TRANSMITTAL SHEET From: Stephen J. Dztmanm, Esquire Theresa Barrett Male, Esquire FAX NU~i&~u Date: 717-234-4224 November 14, 2003 COMPANY: TOTAL NO. OF PAGES INCLUDING COVEI~ Wix, Wenger & Weidner 1 PHONE NU~.DG~ SENDER'S REFERENCE NUMBER: 717-234-4182 N/A Re: YOUR REFERENCE NUMBER: Meeker v. Meeker 02-3649 Civil Term [] URGENT X FOR REVIEW [] PLEASE COMMENT X PLEASE REPLY [] PLEASE RECYCLE NOTES/COMMENTS: Per my voice mail message to you yesterday, please pro%fie documentation regarding Mr. Meeker's Morgan Stanley LR~ to facilitate transfer of the 50% portion awarded to our client pursuant to paragraph of the pames settlement agreement. Thanks. Susan C. Appleby, Paralegal Cc: Tammy L. Meeker 513 NORTH SECOND STREET · HARRISBBURG, PA 17101 PIIONE: 717-233-3220 · FAX: 717-233-6862 TRANSMISSION USER NAME DESTINATION 2344224 DEST. NUMBER 2344224 F CODE PAGE3 1 8heet~ RESULT OK REPORT (FRt) NOV 14 2003 10:38 DOCUMENT# TIME STORED TiME 3ENT DURATION MODE 5012741-071 10:37,11/14 10:37,11/14 13sec ECM P. 1 xa~aa~ ~ ~mm~v mD [~F'~A "{qalddV 'D ~u.~!lo mo o~ pa~,a~ u .opaod %Og a~ ~o xals~ a~n,~, q o~ V~ff Za~nng m~o~ s,a~a-~a~ ~N PROOFOFSERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P. O. Box 845 Harrisburg, PA 17108-0845 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 12, 2004 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff V. TAMMY L. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - DIVORCE ORDER OFCOURT AND NOW, February 2004, upon consideration of Defendant's Petition to Enforce Settlement Agreement Pursuant to 23 Pa.C.S.A. § 3502(e), the Court enters a rule on Plaintiff to show cause why the relief requested should not be granted. The Rule is returnable at a hearing set for March ,~/f , 2004, at ~-~...m. in Courtroom #/-d~, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Distribution: Stephen J. Dzuranin, Esq., P. O. Box 845, Harrisburg, PA 17108-0845 Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER Plaintiff V, TAMMY L. MEEKER Defendant NO. 02~3649 Civil Term CIVIL ACTION - DIVORCE PRAECIPE To the Prothonotary: Please index this case as lis pendens against the improved real estate located at 2433 Rolling Hills Drive, Mechanicsburg, PA 17055. Date; March 24, 2004 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisbuq~, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER : Plaintiff : : NO. 02-3649 Civil Term TAMMY L. MEEKER Defendant : CIVIL ACTION - DIVORCE DEFENDANT'S OBJECTION TO PLAINTIFF'S REQUEST FOR CONTINUANCE 1. At 12:38 p.m. on March 30, 2004, counsel for defendant received by fax from plaintiff's counsel a "Petition for Continuance." 2. Plaintiff is seeking to continue a hearing set for tomorrow, March 31, 2004, at 9:30 a.m. 3. a, Defendant opposes this request for the following reasons: Defendant filed her petition for enforcement of the parties' marital settlement agreement on February 17, 2004, and served Plaintiff's counsel that same date. Plaintiff therefore has had ample notice of the claims. By order dated February 29, 2004, this Court set the hearing on Defendant's enforcement petition for March 31, 2004. Plaintiff therefore had ample notice of the hearing date. O= On Monday, March 29, 2004, at 9:51 a.m., Barb, assistant to Attorney Kara Haggerty, informed defense counsel's paralegal that Attorney Haggerty had met with Plaintiff. Although she had not been retained, Attorney Haggerty was requesting a continuance of the March 3~L hearing. Barb also stated that Plaintiff was out of town, and Ms. Haggerty did not have all of the materials she needed for the hearing. Attorney Haggerty later confirmed directly with defense counsel that she had not been retained by Plaintiff. Defense counsel indicated, however, that defendant might agree to continue the March 31 hearing if Plaintiff deposited with Defendant's counsel a substantial payment for past due support.~ and the issues raised in the enforcement petition, including past due alimony.2 On March 30, 2004, Ms. Haggerty advised that Plaintiff had earmarked the $210,000.00 for his debts and obligations.3. Plaintiff told Attorney Haggerty, however, that he had liquidated the Morgan Stanley IRA at issue in Defendant's enforcement petition.4 ~ As of March 22, 2004, Plaintiff's support arrears exceeded $~.4,000.00. He has not made any payments for the support of his children, much less on his alimony obligation, in months. 2 On March ~.3, 2004, Plaintiff received $2~0,000.00 from two S corporations in which he had been a shareholder. Defendant did not learn of this payment until the de novo support hearing on March ~9, 2004, which Plaintiff also attempted, at the last minute, to continue. 3 This did not include, however, his support obligations to his children and his ex-wife. 4 Pursuant to paragraph 7 of the parties' settlement agreement, Defendant was to receive 50% of the IRA via a domestic relations order. 2 f. Ms. Haggerty relayed Plaintiff's offer to pay a small sum to Defendant in order to continue the enforcement hearing and to resolve the support action. Defendant rejected the offer. g. Plaintiff's last-minute request for continuance is a delay tactic, aimed at preventing the Court from seizing or attaching any portion of the $210,000.00. h. If the Court delays the hearing, Plaintiff will have an opportunity to expend all of these funds, allowing Defendant no opportunity to recoup an award in her favor. Wherefore, Defendant requests the Court to deny Plaintiff's petition for co~ntinuance. Alternatively, Defendant requests the Court to enter an order freezing Plaintiff's bank acco u htS. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: March 30, 2004 3 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by fax addressed as follows: Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P. O. Box 845 Harrisburg, PA 17108-0845 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: March 30, 2004 KEVIN S. MEEKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TAMMY L. MEEKER, : Defendant : NO. 02-3649 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTINUANCE OF HEARING ON PETITION TO ENFORCE MARITAl, SE'I'ILEMENT AGREEMENT PURSUANT TO 23 PA. C.S.A. §3502(e) ORDER OF COURT AND NOW, this 30th day of March, 2004, Plaintiff's petition for a cominuance is denied; it is noted that this matter has been scheduled since February 29, 2004 and that he court s schedule will not accommodate a rescheduled hearing until July, 2004. ~tephen J. Dzuranin, Esq. 508 N. Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff v~T~eresa Barrett Male, Esq. 513 N. Second Street Harrisburg, PA 17101 Attorney for Defendant BY THE COURT, esley Ol~j~r., KEVIN S. MEEKER, : Plaintiff : V. : TAMMY L. MEEKER, : Defendant : AND NOW, IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3649 CIVIL TERM ORDER OF COURT this 31st day of March, 2004, upon consideration of Defendant's Petition To Enforce Settlement Agreement Pursuant to 23 Pa. C.S.A. Section 3502(e), and following a hearing held on March 31, 2004, the record is declared closed, and the matter is taken under advisement. PENDING FURTHER order of court, the Plaintiff, Kevin S. Meeker, is enjoined from diminishing, withdrawing, transferring, encumbering, or otherwise depleting in value any bank, savings bank, or similar account containing proceeds from his settlement with Circle C Corporation and his settlement with C Prime Corporation, and any bank, savings bank, or similar institution holding said accounts is, to the extent of this Court's authority, enjoined from permitting any such diminution, withdrawal, transfer, encumbrance, or other such depletion. In addition, to the extent that any proceeds from the said settlement or settlements are in Plaintiff's possession in any other form, whether real, personal, or mixed property, the Plaintiff is similarly enjoined from any such diminution, withdrawal, transfer, encumbrance or other depletion in value. Pursuant to a request of counsel for Defendant, the stenographer is requested to transcribe and file the notes of testimony from the hearing held on this date. Pursuant to a request of each counsel and the Court, briefs shall be submitted within thirty days from today's date on the issue of whether Defendant may enforce a support/alimony obligation of Plaintiff through 23 Pa. C.S.A. Section 3502(e) in this proceeding, given the existence of a support order relating to Plaintiff's obligations in those respects and the pendency of an enforcement proceeding relating to the support order initiated through a contempt petition in the Domestic Relations Division of this Court. By the Court, Stephen J. Dzuranin, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 For the Plaintiff Jo Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 For the Defendant :lfh KEVIN S. MEEKER, : Plaintiff : V. : T~MMY L. MEEKER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 02-3649 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the Honorable J. WESLEY OLER, JR., Cumberland County Courthouse, on Wednesday, March 31, 2004, Jo Carlisle, Pennsylvania commencing at 9:30 a.m. in Courtroom Number One APPEARANCES: Stephen J. Dzuranin, For the Plaintiff Theresa Barrett Male, For the Defendant Esquire Esquire INDEX TO EXHIBITS FOR THE PLAINTIFF Ex. No. 1 letter (9/12/03) Ex. No. 2 letter (9/5/03) FOR THE DEFENDANT Ex. No. Ex. No. Ex. No. Ex. No. Ex. No. Ex. No. Ex. No. Ex. No. Ex. No. Ex. No. Ex. No. 1 - marital settlement agreement 2 - divorce decree 3 - fee bill 4 - support complaint 5 - order of court 6/23/03 6 - de novo request 6/26/03 7 - modification petition 8 - contempt petition 9 - order of court 2/25/04 10 - order of court 3/22/04 11 - order of court 3/26/04 MARKED 21 21 MARKED 3 3 3 21 21 21 21 21 21 21 21 ADMITTED 57 57 ADMITTED 57 57 57 57 57 57 57 57 57 57 57 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, Defendant's Exhibit Nos. 1 through 3 were marked for identification.) THE COURT: We will let the record indicate that the Court is in session in the case of Meeker versus Meeker at No. 02-3649 Civil Term. We will also let the record indicate that the Defendant, Tammy L. Meeker, is present in court with her counsel, Theresa Barrett Male, Esquire. The Plaintiff, Kevin S. Meeker, has not appeared; however, his counsel of record, Stephen J. Dzuranin, Esquire, is present. The Court has met in chambers with counsel and understands that the Plaintiff had called in at some point after 9:30 this morning, when the matter was scheduled to be that he would be late but would arrive by however, it is now 10:15, and he has heard, to indicate 10:10 this morning; still not appeared. For that reason we will proceed with the hearing, and we will recess at such time as he may appear to give Mr. Dzuranin an opportunity to speak further with him about the case. The issue before the Court is to Enforce Settlement Agreement pursuant Section 3502(e). Having met in chambers with counsel, the Court understands that Ms. Male will not be pursuing, in this proceeding, any issues except the enforcement of the Defendant's Petition to 23 Pa. C.S.A. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agreement as it relates to division of marital property and specifically a certain IRA account of the Defendant without prejudice to her position that the support and alimony matters mentioned in this petition could be pursued in this proceeding. Instead, the Court's understanding is that Ms. Male will be pursuing the alimony and support issues through an alternative proceeding presently pending in the Domestic Relations Office. Is that correct, Ms. Male? MS. MALE: For the most part, Your Honor. I just wanted the record -- I wanted to be clear that it's the Defendant's position that she has not only her remedy through the Domestic Relations Section pursuant to the order that's in place but also through her contract. Some of the legal precedents that I had cited to the Court in chambers, including Nicholson v. Combs, Swartz v. Swartz, Patterson v. Robbins, we have agreed after conference with the Court and counsel to route those contract issues to Judge Guido who has an enforcement proceeding scheduled for May 20. THE COURT: Well, I don't think the agreement was that Judge Guido would deal with t[he contract. He would deal with the issues as support matters rather than as contract issues. He doesn't have this case that I have now before me in his courtroom. He has the support matters 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 through the support office. MS. MALE: Yes, Your Honor. Perhaps I misunderstood what we were speaking. THE COURT: Ail right. I'll tell you what. I'll hear the entire case then, but I won't be able to make a decision on it today because I need to research the issue of whether the support orders can be enforced in the way that you're attempting to enforce them now. MS. MALE: Well, Your Honor, what I was going to recommend was we would merely route that part of our petition -- THE COURT: I won't do that to Judge Guido. He has too much work of his own. MS. MALE: Oh. THE COURT: My understanding was that you simply were to forego that aspect of your petition here in reference to enforcing the support and alimony obligations of Mr. Meeker through the support office and through the contempt proceedings that are presently being pursued through that avenue without prejudice to your argument that it would be enforced through this proceeding as well. MS. MALE: Then I'm not sure how we would preserve our issues if Judge Guido doesn't have that petition or some -- THE COURT: I'll simply hear the whole 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 petition witness? BY MS. 20657. this morning. Do you want to call your first MS. MALE: Yes, Your Honor, Tammy L. Meeker. Whereupon, TAMMY L. MEEKER having been duly sworn, testified as follows: DIRECT EXAMINATION MALE: Q A Q A State your full name, please. Tammy L. Meeker. What is your address? 12036 Bullwhip Trail, Lusby, Maryland, Q respect to the enforcement in his opening remarks? A Yes, I am. Q Ms. Meeker, And, Ms. Meeker, are you the Petitioner with petition referenced by the Court let me show' you a copy of the Petition to Enforce Settlement Agreement and ask you if that is, in fact, the petition A Yes, it is. Q Are all of true and correct to the best of your and belief? that we filed in this matter? the allegations in this petition knowledge, information, A Yes, they are. 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 Q Did you and the Plaintiff, a marital settlement agreement on A Kevin Meeker, sign June 7th, 2002? Yes, we did. Showing you what we've marked Plaintiff's or, excuse me, Defendant's Exhibit 1 for you would turn to the signature page. signature? identification, and if Is that your A Yes, it is. Q Under Paragraph 7 of this agreement -- MR. DZURANIN: Your Honor, may I have a copy of the -- I have a copy of the MSA, but I would like to see what you're talking about as well. MS. MALE: I'm sorry, Steve. I apologize. BY MS. MALE: Q If you would turn to Paragraph 7 of this agreement, Ms. Meeker, were you to receive 50 percent of the balance in a Morgan Stanley IRA titled in your husband's name through a Domestic Relations order? A Yes, I was. Q Have you requested from your husband, ex-husband, either directly or through counsel to have that 50 percent transferred to you? A Yes. Q And as of today's A No. date ihas that been done? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 Q of the time that agreement? A 25 thousand. Meeker? A Yes. Do you know what the account balance was as you and Mr. Meeker signed this settlement Not the exact amount, somewhere between 20 to Did those account statements come to Mr. We were in A Up until May of 2003. What happened in May of 20037 In May of 2003 he stopped paying. Q Was your name on the account thereby allowing you access to any of the information? A No. Q Under the terms of this agreement, Ms. Meeker, did Mr. Meeker agree to pay you spousal support/alimony? A Yes. Q And if you would turn, please, to I believe it's Page 7 of the agreement, excuse me, Page 8. Did Mr. Meeker agree or, excuse me, commence paying you a thousand dollars per month thirty days after you closed on your home? A Yes. Q Did he continue to pay the thousand dollars per month thereafter? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Domestic Relations for child support, and he elected not to pay anymore. Q Since May of 2003 have you received any alimony payments from Mr. Meeker? A No. Q Have you received any payments from Mr. Meeker through a Domestic Relations order that was entered in June and effective in March of 2003? A Yes. Q And do you know when the last payment you received under that Domestic Relations order was? A January 21st, in that park. Q A They took it from his [Last unemployment check I believe, and I got the check February 6th, And how much was that check for? $225.00. THE COURT: Of this year? THE WITNESS: Yes. BY MS. MALE: Q through the A Q payments you've been receiving? A Basically $450.00 Prior to that did you receive any money Domestic Relations Section? Yes. And could you tell me briefly what sort of twice a month, and that was 9 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 ruled in with child support and spousal/alimony support combined. was? all Q Do you know what the source of the $450.00 A Unemployment. Q Do you know anything about the status of Mr. Meeker's employment currently? A Other than that he's unemployed? Q Do you know if he's continued to receive unemployment benefits? A No, he's not. Q At some point after May of 2003 did you, through counsel, make a demand on Mr. Meeker to pay the thousand dollars per month pursuant to Paragraph 14 on the first day of each month as required? to that. BY MS. MALE: Q A Q A Yes. Q And did he THE COURT: comply? I don't think there was an answer MS. MALE: Was the answer yes? THE WITNESS: Yes. And did he comply with that? No, he did not. In addition to payments that you were due 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under this provision, agreement to pay certain sums MR. DZURANIN: not an issue today. MS. MALE: the next question. THE COURT: MS. MALE: did Mr. Meeker also promise in this to you for child support? Your Honor, child support is I'm merely laying a foundation for Which is going to be what? Well, it has to do with the child care and other expenses that are part of the non-Domestic Relations support issue. THE COURT: MS. MALE: THE COURT: BY MS. MALE: Q Did Mr. Is that in your petition? Yes, Your Honor, it is. You may ask the question. Meeker agree to pay child support under the terms of this agreement? A Yes, he did. Q In addition to the child support amount, were there other sums that Mr. the alimony? A Yes. don't those Meeker was to pay you along with Q And what were those? MR. DZURANIN: Excuse me, Your Honor. I see in the petition where she makes any claim for expenses or those costs. There was a statement saying 11 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 there was a requirement to pay child support but nothing referencing child care or any other medical expenses at all. MS. MALE: Excuse me, Your Honor. THE COURT: Sure. MS. MALE: Your Honor, in Paragraphs 14 and 15 of the petition we've alleged that Mr. Meeker agreed to pay certain sums for support under Paragraphs 13 and 14 of the agreement, and Paragraph 15 indicates that he failed to pay those sums which resulted in her ultimately filing and perfecting the support action, but he still owes certain sums under those provisions that certainly pre-date the filing of the support proceeding. I thought that was clear from that paragraph, Your Honor. MR. DZURANIN: Your Honor, we've had discussions that child support is not at issue in this case. Asking questions directly relating to that and trying to then pound them into these paragraphs I think is unfair and a misrepresentation to the Court. THE COURT: Well, there were discussions in chambers about Ms. Male's pursuing the support obligation through the support enforcement procedure, but my understanding is that's no longer the case. So that, in other words, she's pursuing the entire petition in front of me as well as proceeding in another courtroom on some support obligation, so I'll permit the question. 12 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 BY MS. MALE: Q addition to the A Q A MS. MALE: Thank you, Your Honor. Did Mr. Meeker agree to pay other sums alimony and the child support amounts? Yes, he did. And what were those? Half of day care, I believe, and half of the children's outside expenses, T-ball, Daisies, Boy Scouts, things of that nature. Q Did there come a time after you and Mr. Meeker signed this agreement in June of 2002 that Mr. Meeker stopped paying those expenses? A Yes. Q And when was that? A May of 2003. Q Since May of 2003 has Mr. Meeker paid you any money towards child care expenses? A No, he has not. Q Has he paid any money towards the children's extra-curricular activities? A No, he has not. Q Has he paid any money towards Daisies or Cub Scouts or any other extra-curricular activities? A No, he hasn't. Q Do you know what amount of money you've paid 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for those activities A Q since he stopped paying? Not the exact figure. Can you estimate what you've paid on a monthly basis for those things since ]May of 2003? A Close to 100, between $175.00 to $200.00 per month. Q And how are you allocating that 175 to 200 a month, for what? A For day care, also for Daisies, for their uniforms. For Cody, Cub Scouts, for T-ball, for all the things that I need for those activities to happen. Q Showing you what we've marked Defendant's 2 for identification, is that a copy of the decree in divorce that was entered by this Court on August 27th, 2003? A Yes, it is. Q After the entry of this divorce decree, Ms. Meeker, did Mr. Meeker make any efforts to transfer the funds in the Morgan Stanley IRA to you? A No, he did not. Q As a result of the issues we've been discussing, have you incurred legal fees? A Yes. Q Showing you what we've marked Defendant's 3 for identification, is that an accounting of the fees that you have incurred on the settlement agreement issues that 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you've just testified to? A Yes, they are. Q Are those fees based on a written fee agreement that you have with me? A Yes, they are. Q Does that written agreement require you to pay A Q $195.00 per hour for legal fees? Yes, it does. And do you also pay a reduced sum for things that are handled by a paralegal? A Yes. Q This exhibit -- does it indicate total fees starting in September of 2003 totaling $3,019.007 A Yes, Q And, subpoena issued to Mr. A Yes. $50.00? it does. in addition, does it have a cost Meeker for today of $3.00? Q for a And a fee to file a re]ply to a petition of A Yes, it does. Q Is the total amount that you're seeking for damages under your contract $3,072.00? A Yes, it is. Ms. Meeker, if, in fact, legal the Court awards you fees and 50 percent of the amount that you recall was 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in that Morgan Stanley IRA, is it your request that the Court freeze Mr. Meeker's accounts in order to allow you to collect those funds? A Yes, it is. Q And could you explain why you feel that's necessary? A I believe that Mr. Meeker is going to take the money and run. I don't think thaL I'll ever see it. He's proven up until this point that he can't be trusted. Q What money are you talking about? A His money that he received, I believe it was, March llth, $210,000.00. Q And do you know the so'urce of those funds? A It was his settlement or buyout from Circle C Corporation and C Prime. Q Circle C Corporation? A Correct. Q And C Prime Corporation? A Correct. Q Are those S corporations in which Mr. Meeker previously was a shareholder? A Yes, they are. Q Is it your understanding that Mr. Meeker has deposited those funds already? A I believe that he has. 16 1 2 4 5 6 7 8 9 10 11 12 ~3 14 15 16 17 18 19 20 21 22 23 24 25 Q bank accounts? A Q A Q Do you know where Mr. Meeker maintains any I only know of M & T. M & T Bank? Correct. Do you know what rate ,Df interest the Morgan Stanley IRA was paying at the time that you and Mr. Meeker signed this settlement agreement? A No, I do not. Q Are you asking the Court to award some rate of interest at the legal rate of 6 percent on the sum of money that you should have received as of June 7, 2002? A Yes, I am. MS. MALE: Thank you, Ms. Meeker. THE COURT: Are counsel able to stipulate as to what the status of the enforcement proceedings are in the support matter? MS. MALE: THE COURT: Your Honor --- In other words, number one, can I have an exhibit which contains the support order, and, number two, can I have some stipulation as to where the contempt petition stands in that case. MS. MALE: Yes, Your Honor. If I could have a moment. MR. DZURANIN: Your Honor, may I suggest 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 while Ms. record indicate appeared in the MS. MALE: Male looks for that, see if my client is outside. THE COURT: Certainly. We will let the that apparently the Defendant has still not courthouse. Your Honor, I do not have my support file with me. I can give you the docket nu~er and the PACSES number for the support matter, and I can certainly represent that there had been an enforcement hearing scheduled in front of Judge Guido for April 22nd. Within the last two days I received an order rescheduling that enforcement hearing for May 20th, 2004. THE COURT: Mr. Dzuranin, are you able to help out here? Honor. MR. DZURANIN: Not from that stack, Your If I could have just another moment. THE COURT: Certainly. MS. MALE: Your Honor, I could contact my paralegal and have her fax over a copy of that order. We could have it within a couple of minutes. THE COURT: What would really help me is not only the order but the petition for contempt filed in this matter so that we have some idea of when that was filed compared to when your petition MS. MALE: Well, copy. for enforcement was filed. Your Honor, I don't have a 18 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DZURANIN: Your Honor, what I have is the court order of June 23rd, 2003, which was the initial order from the Domestic Relations Office. ff counsel can stipulate, I think we can agree that that order has been appealed on a de novo basis to the support master. In addition Mr. Meeker has filed a petition to modify this order, which is being heard in that same hearing. The first part of that hearing was held on March 19th, 2004, and it's been continued then until April 19th. MALE: No, it had been scheduled for MS. April. MR. DZURANIN: I'm sorry, the underlying master's hearing. MS. MALE: April 19th. 19th, 2004. enforcement -- support order, I'm talking about MR. DZURANIN: That's been continued to April In addition Domestic Relations has an Domestic Relations is trying to enforce the and that hearing had originally been scheduled for April 22nd, and according to Ms. been now postponed until May -- MS. MALE: 20th. more detail. the hearing is in front Male, that's MR. DZURANIN: -- 20th. THE COURT: It would help me to have a little You talk about a hearing. I don't know whom of, whether it's already gone to the 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support master for a hearing or whether it's gone to a conference officer before that, when the petition for enforcement through the contempt powers was filed in the support case. It might help to take a short recess and make a copy of the support file so we have all that information, because my concern in this case, since we're dealing now with support obligations in this proceeding, is that there is a parallel proceeding in another w~nue at least before another judge, and I'm not sure how that interacts with what I'm doing here. So why don't we take a brief recess. That will give your client a few more minutes, Mr. Dzuranin, to appear and, Ms. Male, perhaps you could get a copy of the support file, the official file, file an exhibit here. MS. MALE: and we can just simply make that Your Honor, I will certainly put a call in to Domestic Relations to see if they can bring their file over. The petition for enforcement that's pending with Judge Guido, I don't haw~ a copy of that because that was done by the Domestic Relations Office. THE COURT: But it was done on behalf of the Plaintiff~ so I simply need that information. I have to assign this to a law clerk to take a Look at after the hearing today, so that petition would be in the Domestic 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Relations file? MR. DZURANIN: Yes, Your Honor, I would imagine it would be, yes. MS. MALE: It should be. THE COURT: We'll take a brief recess. MS. MALE: Thank you, Your Honor. {Whereupon, Plaintiff's Exhibit Nos. 1 and 2 were marked for identification.) (Whereupon, Defendant's Exhibit Nos. 4 through 11 were marked for identification.) THE COURT: We will let the record i~dicate that the Court has reconvened in the oase of Meeker versus Meeker. Mr. Dzuranin, has your client appeared yet? MR. DZURANIN: I haven't found him yet, Your Honor. THE COURT: There was a gentleman sitting the hallway outside the courtroom. I'm not sure if that would be him. MR. DZURANIN: May I check real quick? Courtroom No. the Domestic THE COURT: Certainly. He's sitting outside 3. MR. DZURANIN: That's not him, Your Honor. THE COURT: Ail right. Thank you. Ms. Male. MS. MALE: During the recess we did secure Relations file which was at Mr. Rundle's 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 office. THE COURT: Mr. Rundle is the Support Master for Cumberland County relating to support matters. MS. MALE: Mr. Dzuranin and I have marked a number of exhibits which we feel may be relevant to the Court's determination. THE COURT: MS. MALE: tell you what those are. THE COURT: MS. MALE: Ail right. And if I may, Your Honor, I'll Ail right. Defendant's Exhibit 4 is the complaint for support filed March 20th, 2003. Defendant's 5 is the June 23rd, 2003, Domestic Relations order that was docketed on June 24th of 2003. THE COURT: Ail right. MS. MALE: Defendant's 6 is Mr. Meeker's June 23rd, 2003, order. 10th, 2003. Defendant's request for a de novo hearing which was docketed on June 27, 2003. Defendant's 7 is Mr. Meeker's petition to modify the The petition was docketed July 8 is the petition for contempt filed by Frank B. Goshorn who is the Domestic Relations Officer assigned to the case. 25, 2004. It was docketed on February contempt THE COURT: And that's a petition for filed on behalf of the Plaintiff to enforce the 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support, spousal support/alimony and child support order? MS. MALE: Yes, Your Honor. It's a petition for contempt against the Defendant filled -- the Petitioner is Cumberland County Domestic Relations -- failure THE COURT: Ail right. MS. MALE: -- against the Defendant for to pay the support order. THE COURT: MS. MALE: court docketed February 25, Meeker on April 22nd, 2004, Ail right. Defendant's 9 is the order of 2004, setting a hearing for Mr. and that is the hearing on the contempt petition filed by Domestic Relations. THE COURT: And who will be hearing that petition? MS. MALE: That's in front of Judge Guido, Your Honor. Defendant's Exhibit 10 is the order docketed on March 22nd, 2004, rescheduling the support -- excuse me, continuing the support master's hearing to April 19th, 2004. We have no paperwork to giwe to you, but counsel agree that Mr. Meeker's de modify were assigned to Mr. of that hearing on March the order scheduling the THE COURT: MS. MALE: novo request and petition to Rundle for hearing. We had part 19th, 2004, and Defendant's 10 is next part of that hearing. Ail right. The final exhibit, Your Honor, is 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Defendant's Exhibit 11, which is an order entered March 26th, 2004, rescheduling the enforcement hearing from April 22nd to May 20th, and that is again in front of Judge Guido. THE COURT: Ail right. Very good. I think that's just exactly what I need. Has the original file been returned to Mr. Rundle? I believe tlhe court reporter has MS. MALE: made arrangements to have the file re~zurned to Mr. Rundle's And, Your Honor, may I indulge There was another piece of office, Your Honor. MR. DZURANIN: you for just another minute. paper that might be in the file I might also want to make part of it, which is Mr. Goshorn's sending a letter to my client saying that no enforcement action would be taken until his de novo hearing was heard and decided. It just occurred to me that I had that letter. May I look in the file to see if that is there to add to the exhibits? THE COURT: Sure. MR. DZURANIN: That order is not in the file, Your Honor, so I have nothing else to add. THE COURT: Ail right. MR. DZURANIN: Thank you for your time. THE COURT: Do we know why Judge Guido continued his enforcement hearing on the contempt petition to May 20th? 24 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 placed a call when I received the order, THE COURT: MS. MALE: Your Honor, I do not. I had to Mr. Goshorn yesterday or the day before but we hawen't hooked up as yet. We should let the record indicate that Frank Goshorn is a right. Let's stand and Mr. Domestic Relations officer. Ail see. Ms. Meeker, I believe you were on the Dzuranin was about to cross-examine you. You're still under oath. CROSS-EXAMINATION BY MR. DZURANIN: Q Now, Ms. Meeker, under direct examination you testified that the petition that you signed, all of the allegations are true and correct to the best of your knowledge, information, and belief. Is that correct? A Correct. Q May I show you a copy of that petition? A Sure. MR. DZURANIN: May I approach, Your Honor? THE COURT: Certainly. If I did not place it on the record before, I gather, Mr. Dzuranin, that the gentleman in the hallway was not your client? MR. DZURANIN: That's oorrect, Your Honor. THE COURT: So he remains -- he has not appeared yet? MR. DZURANIN: That's oorrect. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DZURANIN: Q Now, Ms. Meeker, I've ihanded you a copy of the petition for enforcement of marital settlement agreement. Could you please turn to Page 3 of the petition? A (Witness complies.) THE COURT: While she's doing that, I should indicate for the record that it is now 11:25 a.m. BY MR. DZURANIN: Q And can you read for tine Court, please, Paragraph 19 of your petition? A Mr. Meeker's failure to comply with his support obligations under the agreement required Ms. Meeker to claim the dependency exemptions thereby providing an additional source of income for herself and her children. Q And there's a footnote to that, correct? A Yes, there is. Q Could you read the fooLnote so that we have the record complete? Mr. Meeker has been unemployed since July A 2003. Q Now, Ms. Meeker, does l_he marital settlement agreement define who was to get the dependency exemptions for your two children? A Yes. MR. DZURANIN: Excuse me, Your Honor. I was 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just handed a note that says Kevin Meeker is at Holy Spirit Hospital emergency room. Passed out on his way here. THE COURT: Do we know -- MR. DZURANIN: I have no other information other than the note that was just handed to me, THE COURT: tipstaff? Your Honor. The note w~s provided by my MR. DZURANIN: Yes, Your Honor. THE COURT: Ail right. Mr. mind asking my secretary to come in to let from. We need -Lo make that information came this. Ahlers, would you us know where a record for We will let the record indicate that the Court's secretary, Ruth Coulson, is now present in court. Ms. Coulson, Mr. Dzuranin received a note., I believe from you, indicating that his client was at Holy Spirit Hospital in the emergency room having passed out someplace. From whom did the message come and how did it come? MS. COULSON: Mr. Meeker called just several minutes ago and said that he was at Holy Spirit Hospital getting ready to go into the emergency room for treatment, that he had passed out on his way to the courthouse. THE COURT: Ail right. Are counsel satisfied that is the information received by Ms. Coulson purportedly from Mr. Meeker? 27 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Mr. Dzuranin. BY MR. DZURANIN: Q to you was, MS. MALE: Yes, Your Honor. MR. DZURANIN: Yes, Your Honor. THE COURT: Thank you 'very much, Ms. Coulson. Now, Ms. Meeker, I believe my last question Does the marital settlement agreement, a copy of A A Q If marital settlement which is attached to your petition, designate who was to get the child dependency exemptions for income tax returns? Yes. And who is to get those? Mr. Meeker. I could ask you to turn to Page 7 of the agreement and ask you to confirm that Paragraph 13 does indicate that he is to get those exemptions. Could you read for the Court please the last sentence on that page? A Notwithstanding any provision herein to the contrary, the parties agree that husband shall claim both children as dependents on his tax returns and wife agrees to execute any IRS form necessary to confirm this agreement. Q Now, Ms. Meeker, where in the agreement -- THE COURT: Mr. Dzuranin, it occurs to me I should probably put something on the record about Mr. Meeker's earlier information that he was going to be here at 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ten after ten this morning. Are you able to represent for the record what he had told you as to why he would not arrive at 9:30 when the hearing was scheduled for? MR. DZURANIN: Your Honor, I don't remember the exact words, but the conversation was that he was on his way here. He had forgotten the documents that were included in the subpoena issued by Defendant's counsel. He turned around to go get those documents. He was locked out of his house then because the realtor who has the house listed for sale had locked the door, and he had to call that realtor in order to let him in. And he had just gotten into his house at the time that he had called, which I believe was about ten minutes to ten. THE COURT: All right. Had he indicated at all in that conversation that he wasn"t feeling well? did not. MR. DZURANIN: No, Your Honor, not to me he THE COURT: I just wanted to place that on the record because otherwise it might be felt that he must have been sick earlier, and that was the reason he hadn't come in on time. Thank you. MR. DZURANIN: Thank you, Your Honor. THE COURT: Mr. Dzuranin. BY MR. DZURANIN: 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Mr. Meeker was to receive the child dependency exemptions the tax returns, but your petition says that you were Now, Ms. Meeker, to recap, you testified that on Can you show me in the agreement do that? a }Dart where if he required to claim them. where that allows you to A I believe there was doesn't hold up his child support obligation -- I'm not sure exactly where that is in here. Q Do I understand your testimony that you're saying if Mr. Meeker does not pay his child support obligations, that the agreement contains a specific provision that allows you to take the dependency exemptions? A No, it does not. Q It contains no provision allowing you to take the exemptions? A No, it does not. Q Then how did you come to the conclusion that his failure to pay the support obligation required you to claim the dependency exemptions? A They didn't require, i had no choice. Q That's what your statement says, that your agreement required you to take the dependency exemptions. A And as I said I believe there's a part in here where if he does not hold up to his responsibility -- where that is exactly, I'm not sure. 3O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there? Q Se the answer is you don't know that it's in A Not exactly where it's at, no. Now, have you informed Mr. Meeker that you were going to take the dependency exemptions? return? A Yes, I did. Q When did you inform him of that? A Towards the end of February. Q When did you file your 2003 income tax A BY MR. DZURANIN: February I believe. THE COURT: February of 2004? THE WITNESS: Correct. Q And on your 2003 federal income tax return did you indeed take these exemptions? A Yes, I did. Q Now, do you recall Mr. Meeker through his counsel asking you to sign a form back in August of 2003 to allow him to take the dependency exemptions? A Yes. Q Did you sign the form then? A No. Q Do you recall a request after for that form to be signed? the fact asking 31 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A THE COURT: BY MR. DZURANIN: Yes. MR. DZURANIN: May I approach, Certainly. Your Honor? marked as it. Do you recognize this A Yes. Q A Q I'm going to hand you an exhibit that's been Plaintiff's Exhibit No. 1 aud ask you to look at document? Can you tell the Court what the document is? It's a document concerning the children for IRS and Samantha's Q I'm sorry. The what it is? Let me ask this. office to your attorney? kindergarten. first page, could you explain Is that. a letter from my A Yes, it is. Q Could you read for the Court please the first paragraph of that letter? A I am writing to express concern on several issues. First, we still have not received your client's IRS Form 8332 on behalf of my client to allow my client to claim the children as exemptions for all future years. You should recall that, at the custody trial, I handed to you the form and even circled the part that stated that the form could be completed for all future years. You informed me that you wanted to run this by your accountant. However, I do not 32 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 see this as being ambiguous by any stretch. I bring your attention to Paragraph 13 of the parties' marital settlement agreement in which your client agreed that husband shall claim both children as dependents on his tax returns and wife agrees to execute any IRS form necessary to confirm this agreement. Please have your client sign this form and return it to my office as soon as possible. And you did receive a copy of that letter, Q correct? A Q Correct. At any time after that did you discuss with counsel or anyone about signing that form? A Yes. Q And what was the result of that conversation? A That Mr. Meeker was not paying child support, that he was not holding up his end of the bargain, that I needed to feed my children, and I needed to claim tax exemptions. Q You needed to claim them? A Yes, I did. Q Is that your testimony? And where, from a legal perspective, are you allowed to take them, either the marital settlement agreement or by operation of law? MS. MALE: Objection, Your Honor, calls for a legal conclusion. That's the province of the Court. 33 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 THE COURT: I'll sustain the objection. BY MR. DZURANIN: Q How did you come to the conclusion that you needed to take them or that you were ,allowed to take them as exemptions? A Maybe need is the wrong word. I had no choice. I had an obligation to my children. Q Were you informed that you were allowed to take them or was that your own conclusion? A It was my own conclusion. Q Now, turning your attention back to the marital settlement agreement, again I'd ask you to turn to Page 2 of that agreement. In Paragraph 2 on Page 2 I'd ask you to read from the fourth line down starting with the word in for the rest of that sentence for the Court, please. MS. MALE: Your Honor, I have to interpose an objection to the witness just reading the passages. I think the document speaks for itself. I think it's unnecessary to read in what's already been marked as an exhibit. THE COURT: Mr. Dzuranin, perhaps you could read it yourself slowly for the stenographer and then ask the witness if that is what it says. MR. DZURANIN: That's fair, Your Honor. BY MR. DZURANIN: Q The provision I just asked you to read, In 34 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 the event a divorce action is filed, the parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301(c) of the Divorce Code is entered as soon as possible. Did I read that correctly? signed? A Yes, you did. Q And this is a part of the document that you the divorce would you have any A complaint was filed on August 31, reason to think I was incorrect? Correct. Now, if I informed you that 2002, A I thought it was August 27th. Q Okay. I also informed you that on August 12th, 2002, you signed an acceptance of service form. Do sounds fair. isn't it true that in November of 2002 form you have any reason to believe that that isn't correct? A It was a service -- what was August 12th? Q The date that you accepted service of the divorce complaint. A That Q Now, Mr. Meeker presented you with a consent and waiver necessary to finalize the divorce? MS. MALE: Your Honor, I'm going to object to 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this line of questioning on the basis of relevance. The parties are divorced currently. THE COURT: The parties -- MS. MALE: The parties are divorced. They were divorced August 27th of 2003. I don't know what relevance this has to her request for enforcement of the petition and rights to the assets that she was awarded. MR. DZURANIN: Your Honor -- THE COURT: Is any part of your petition relating to obligations prior to the date of the divorce? MS. MALE: Yes, Your Honor. THE COURT: I thought it would be at least an arguable defense if she were herself out of compliance of the agreement prior to that date. MS. MALE: Then, Your Honor, I would rephrase the objection from the perspective that Mr. Meeker has not filed a counterclaim. He's not filed a petition to enforce the agreement. He hasn't filed a breach of contract action. THE COURT: But it's still a defense. I mean you're trying to enforce it, and Mr. Dzuranin is trying to show that the Defendant herself didn't comply with it. Whether that's true, I don't know, but it's his -- MR. DZURANIN: That's correct, Your Honor. THE COURT: That's his line of inquiry, so I'll permit the question. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DZURANIN: Q Once again we agreed that you divorce complaint in August of 2002, correct? A Yes. Q received the And that you were presented with forms to finalize forms? 2003? the divorce A Q A Q in November of 2002? Yes. Did you sign those forms at the time? No, I did not. Were other requests made to you to sign those A Possibly. And did you ever sign them before August of A NO. Q In fact, isn't it true the form until August 21 of 2003? A That's correct. Q that you didn't sign By my calculation about 13 months after the divorce complaint was filed, correct? A Correct. Q And over nine months after the 90-day period had expired to allow the divorce to be finalized, correct? THE COURT: I don't thlnk there was an answer to that. If there was, I didn't hear it. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. finalized complaint. August 12 of 2003? A Q November 2002. THE WITNESS: I don't 'understand. DZURANIN: Q The Divorce Code allows the divorce to be 90 days after filing and service of the divorce You received service of the divorce complaint Correct. Ninety days after that would have been Excuse me, you signed the acceptance of service on August 12th, 2002. November !2th, 2002, correct? A Correct. Q Ninety days would have been on And you didn't sign it until August 21, 2003. By my calculation that A Q A is nine months later, correct? That's correct. That's as soon as possible in your opinion? I didn't have an attorney, and I was -- Mr. Meeker and I were at a point -- Q That's not my question. My question is, Is nine months after the time that you contractually agreed to sign the papers to finalize the divorce, is nine months as soon as possible in your opinion? it's not. DZURANIN: Thank you. Your opinion was what again? A No, MR. THE COURT: 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question. THE WITNESS: No. THE COURT: No for what reason? MR. DZURANIN: I'm sorry. I didn't hear your THE COURT: I gather the answer was yes, she agrees it was not reasonable. MR. DZURANIN: Your Honor. THE COURT: BY MR. DZURANIN: Q Ms. marital settlement me any time frame that IRA to you? A Q That's the answer I heard, All right. Meeker, please turn to Page 4 of the agreement. On Page 7 could you point to required my client to transfer the NO. And you testified under direct examination that you made requests correct? A Q A Q A Q A for half of the IRA. Is that Correct. How many requests were made? I can't give you an exact figure. Were they made from you or from your counsel? From counsel and from me. How many times from your counsel? Without the documentation, I'm not sure. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 Honor? BY MR. MR. DZURANIN: May I approach again, Your THE COURT: DZURANIN: Q Ms. Meeker, Certainly. I'm handing you a document that 2 and ask if you we've marked as Plaintiff's Exhibit No. recognize this document? A Yes. Q Is this a document from your attorney? A Yes, it is. Q And is the document to Frank Goshorn, the conference officer of the Cumberland County Domestic Relations Office? A Yes. Q And does Paragraph 2 of the document state, Initiate the Defendant's alimony obligation effective September 1, 2003, as required under the terms of the parties' marital settlement agreement,, a copy of which is enclosed. The Defendant's alimony obligation of $1,000.00 per month is due See Paragraph 14. A Q matter was being heard by Michael Rundle, Support Master, considering the alimony and spousal support provisions of and payable on the first day of each month. Did I read that correctly? Yes, you did. And is it your understanding that the support is 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your marital settlement agreement? I believe it was introduced on March 19th as A an exhibit. Q Are you expecting payment of spousal support and alimony through the Domestic Rela-zions Office? I'm not sure what to expect from Domestic A Relations. Q Is it your hope that Domestic Relations will be able to secure the funds for alimony and spousal support for payment to you? A Not necessarily through Domestic Relations, no. Q You're not seeking enforcement of your alimony or spousal support through Domestic Relations? Was that your testimony? A I'm seeking child support and alimony through however I can receive it for my children. Q And is one of those ways of getting it through the Domestic Relations Office? A Yes. Q And that proceeding was initiated by you, correct? A Domestic Relations? Q Yes. A Yes, it was. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: What proceeding is that? MR. DZURANIN: That's 'zhe support matter, Your Honor. It was the initial support complaint that was on de novo appeal to Mr. Rundle. THE COURT: Ail right. BY MR. DZURANIN: Q Now, you have testified under oath that there are other sums besides alimony that you're claiming through your petition. Is that correct? A Yes, it is. Q I believe you indicated day care and outside expenses? A Q the marital Yes. Ail right. I ask you to turn to Page 7 of settlement agreement, and Paragraph 13 -- in the middle of Paragraph 13 it states -- correct me if I'm not reading this right. The parties also agree to evenly divide the costs and expenses of any child activities to the extent the same are reasonable and agreed upon by the parties. Did I read that correctly? A Yes. Q So your agreement was that Mr. Meeker's obligation was only to the extent that your expenses are, first, reasonable, and, second, agreed[ upon, correct? A Correct. 42 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 expenses? Q Did Mr. Meeker ever agree to pay child care A Q confirm that A did agree. Q A Yes, he did. When did he agree to pay those? When I moved to Maryland. Do you have a specific time or document to he's agreed to pay those? Not an exact document, but on August 21st he BY MR. What did he agree to? To pay half of day care. THE COURT: August 21s% THE WITNESS: 2003. THE COURT: Okay. DZURANIN: of what year? Q was this an agreement through counsel? A It was agreed between Kevin and I. Q So just the two of you had the conversation? A On many occasions, yes. Q Was it a conversation or direction from you that he was to pay day care expenses to you? A that, to allow you to move to Maryland, family would be watching the children? A conversation. Isn't it true that you informed Mr. Meeker you stated your 43 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q And what other expenses did Mr. specifically agree to? A The children's activities. Q How often did you inform Mr. Meeker of the activities and got his consent to any of those? A He was informed always. Q And did he ever consent to the specific expenses that you're claiming? A Yes, he did. Q You and Mr. Meeker haw~ been rather contentious over the years, correct? A Yes. Q In fact, at the last hearing that we had on allowing your move to Maryland, you indicated that you had to put everything in writing, correct? A That's correct. Q And what writing do you have to confirm Mr. Meeker agreed to these expenses? A That they would be helping, yes. And that there would be no day care expenses? For awhile. Meeker I don't. You have none, correct'? That's correct. So you have no other evidence other than your 44 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 word against a man that you're highly contentious with, correct? A Q A Q That's correct. Thank you. Do you own a home? Yes. You testified under oath that you had no money to help support your children because Mr. Meeker wasn't paying support. Is that correct? A A borrowed from my mother, and my brother. That's correct. Now were you able to purchase a home? Cash advances on a credit card, money from my grandparents, my sister, Q Who's titled on that home? My name. And how many mortgages are on the home? One. What mortgage? The only mortgage. I'm sorry? The first mortgage. To whom? To National Mortgage Corporation. And how much is your mortgage payment? $1,900 -- excuse me, $1,093.00 and some 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 change. Q Per month? Correct. Now, before that where were you living? Camp Hills Pennsylvania. And after that where were you living before you bought the home? A With Mr. Meeker. Q Isn't it true that you were living with your mother or your aunt in Maryland when you first moved there? A Oh, excuse me, yes. I lived with my sister I bought my Maryland home. And how much rent did you pay while you were before Q living there? MS. MALE: Objection, Your Honor. I don't know that any of this line of questioning is relevant. MR. DZURANIN: Your Honor, she testified that she needs the exemptions, that she can't live without the support from my client. I think it's perfectly relevant to counter her testimony that she doesn't need the money if she can afford a thousand dollar mortgage payment. THE COURT: Isn't your question what he's obligated to do under the agreement as ordered? MR. DZURANIN: It is, Your Honor, but we believe that her taking the dependency exemptions is a 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 defense to the contempt petition and her need for money is the basis for her taking those dependency exemptions. I think it goes to her credibility as to whether she needs the money. THE COURT: You can ask a couple more questions on this point but then we need to move on. BY MR. DZURANIN: Q My question was, How much did you pay while you were living with your sister for rent? A I didn't pay rent. Q You didn't pay anything? A I bought groceries and other things of that nature, but I did not give her a specific check monthly, no. Q And now you're able to pay a thousand dollars a month for a mortgage payment? A Yes. Q Is anyone else living with you? A No. MR. DZURANIN: I have no further questions, Your Honor. BY MS. MALE: Q THE COURT: Ms. Male. MS. MALE: Yes, Your Honor. REDIRECT EXAMINATION Do you have the agreement in front of you, 47 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Ms. Meeker? 2 A Yes. 3 Q If you would turn, 4 regarding child custody. 5 A Yes. Q paragraph that please, to Paragraph 12 And does this provision state in the second for purposes of declaring head of household status on wife's federal tax return, the parties agree that wife shall be deemed to be the primary physical custodian of the minor children? A Yes. Q Did you at some point prior to filing your taxes investigate whether you could claim head of household status without taking the exemptions? A Yes. Q And did you learn that you had to take the children as exemptions in order to claim the head of household status? A periods of August and October Meeker's filing for divorce. A Yes. Yes. Counsel asked you several questions about the of 2002 with respect to Mr. period? Q Were you represented by counsel during that 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q Were you represented by counsel when you signed the settlement agreement? A No. Q Did Mr. Dzuranin prepa]~e this agreement? A Yes, he did. Q Were there -- what was going on between you and Kevin in terms of your personal relationship in the period of time that Mr. Meeker or Mr. Dzuranin is asking about your signing documents to be divorced? A We were together, stil[_ on and off, trying to make the marriage work. Q were you together trying to make the marriage work after he filed the divorce complaint? A Yes. Q During the late summer and into the fall of 2002, were there any instances of domestic violence between you and Mr. Meeker? MR. DZURANIN: Objection, Your Honor. I don't know what the relevance is. MS. MALE: I think it's relevant to whether she was signing papers or reviewing papers for Mr. Meeker, and I think it's certainly -- he opened the door for why she didn't proceed with the divorce. MR. DZURANIN: But not the time frame. She 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 asked late sumpter/early fall. of 2002. That would hardly be 2002. MS. MALE: We are talking after October late fall. I said late summer/early fall of MR. DZURANIN: He didn't sign them until after November 12th, which is after the time period, after the period that we're asking, that she could have signed them and did not sign the documents. THE COURT: When are to have occurred? MS. MALE: those instances alleged I believe it was October and maybe I don't remember the dates, Your Honor. That's November. why I'm asking the questions. THE COURT: Ail right. You may ask the question. BY MS. MALE: Q The question, Ms. Meeker, was, Were there any incidences of domestic violence between you and Mr. Meeker in the period of time we are discussimg, 2002, late summer into the fall? A Q A October llth. Q Yes. Can you tell us what the dates were? June 26th and October -- I believe it was After the incident on October llth, did you 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have any direct contact with Mr. Meeker regarding the divorce or finalizing the divorce? A We talked about it but no foundations for it. Q What were the problems with finalizing it? A I didn't have counsel, the marriage settlement agreement, and hopes that there was still a way to work it out. Q During most of 2003 were you and Mr. Meeker involved in the custody and support action? A Yes. Q Did those matters take precedence for you? A Yes, they did. Q Mr. Dzuranin asked you about agreements on day care expenses or extra-curricular activities. Did you, in fact, exchange e-mails with Mr. Meeker after you moved to Maryland regarding Daisies and Panda's Pride activities for Samantha and day care for Samantha? A Yes. Q And during your discussions with Mr. Meeker, did he agree to pay those expenses? A was Yes. Did he also agree to pay them while Samantha in day care up here in Cumberland County? A Yes, he did. Q And was there a point in time in which he 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in Cumberland stopped paying the day care expenses here County? A Yes, he did. Q As a result of Mr. Meeker's failure to pay the day care expenses while Samantha was were you able to maintain her at A Yes. Q Did you pay that then? in day care here, day care? 100 percent on your own A Yes, I did. Q Counsel asked you about your mortgage payment. How does your mortgage payment of $1,093.00 per month compare with rent for a house that would accommodate you and the children? A It's approximately 4 to $500.00 cheaper to own than it is to rent where I live. Q What's the status of your financial circumstances at present? A I can make the mortgage, and that's pretty much it. If my mother and sister and brother and my grandparents didn't bring food or give me money, my children wouldn't eat. Q clothing for the children? A Yes, they are. Have you -- are those family members buying 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Are those family members providing other types of things for the children in terms of activities and things that you would normally have done yourself? A Yes, they do. Q Have you investigated the necessity for filing bankruptcy? A Yes. Q Is it possible that you will need to do that if Mr. Meeker's payments are not brought current on either the support or with respect to what we're here for today? A Yes. MS. MALE: I have no further questions, Your Honor. Honor. BY MR. THE COURT: Ail right. Mr. Dzuranin. MR. DZURANIN: Just a ~ew follow up, Your RECROSS-EXAMINATION DZURANIN: Q First, Ms. Meeker, you still have the agreement in your hand. 10 or Page 10, Paragraph 24. that your signature? A Yes, it is. Q Paragraph 24? Could you please turn to Paragraph In the middle of that page, is Are those your initials at the end of 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 A Yes. Q And does part of Paragraph 24 state, Wife has been advised by husband's counsel to obtain separate legal counsel and has voluntarily chosen not to seek counsel. Did I read that correctly? A Yes, you did. Q And at the time that you signed this, did you understand that paragraph? A No. Q You didn't understand what you were signing? A No. Q You didn't understand that you had the right to counsel before you signed this agreement? A I understood that I had a right to counsel, Mr. Dzuranin. What I did not understand was how I was going to obtain one and how I was going to be able to afford counsel. Q That was not my question. Do you understand that this paragraph says that you have voluntarily chosen not to seek counsel? A Yes. Q Thank you. You stated that in order for you to take head of household status, you need to claim the children as exemptions. Is that correct? A Yes. 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ].8 19 20 21 22 23 24 25 status? in 2002? Q Your 2002 tax return reflects what filing A I believe head of household. And did you claim the children as exemptions A No. Q From whom did you learn that you needed to take exemptions in order to claim head of household status? A When I was researching it for this year. Q Researching it where? A On the internet. Q If you didn't research it last year, what caused you to research it this year? A I needed to research it. I needed to take the children as a tax deduction. Q Why didn't you research it in 2002? A Because I was -- because I filed it the way it was executed on this agreement. Q It's noon. for this afternoon to pursue this hearing. And you couldn't do that same thing in 2003? No. And you testified -- THE COURT: I need to J_nterrupt for a moment. Mr. Ahlers, would you please check my schedule see what time is available to further 55 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DZURANIN: I only have one or two more questions and then I'm finished. THE COURT: Go ahead. BY MR. DZURANIN: Q You testified that you sent Mr. Meeker e-mails concerning the children's activities including Daisies and Panda's Pride? A Yes. Q Do you have agreeing to pay for that? A Honor. witness, Thank you. present. Meeker. similar e-mails from Mr. Meeker Not to my knowledge, ne. MR. DZURANIN: THE COURT: MS. MALE: Your Honor. THE COURT: MS. MALE: I had anticipated, THE COURT: I have nothing further, Your Ms. Male. I have no other questions for this Ail right. You may step down. We have no other testimony to Your Honor, questioning Mr. Do you want to move for the admission of your exhibits? MS. MALE: Yes, Your Honor. admission of Defendant's 1 through 11. We move for the 56 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. 1, 2, 3, 4, Honor. Exhibits objection to admitted. THE COURT: Mr. Dzuranin. MR. DZURANIN: I have no objection, Your THE COURT: 5, 6, 7, 8, 9, (Whereupon, Ail right. Defendant's Exhibits 10, and 11 are admitted. Defendant Exhibit Nos. i through Plaintiff's Exhibits 1 and 2 are 11 were admitted into evidence.) THE COURT: Are you resting, Ms. Male? MS. MALE: Yes, Your Honor. THE COURT: Okay. Mr. Dzuranin. MR. DZURANIN: I have no witnesses, Your I just move for the admission of Plaintiff's 1 and 2. THE COURT: Ms. Male, do you have any the admission of Plaintiff's Exhibits 1 and 2? MS. MALE: No, Your Honor. THE COURT: (Whereupon, Plaintiff Exhibit Nos. 1 and 2 were admitted into evidence.) THE COURT: Do counsel want the opportunity to submit briefs on the issues in the case? The issue I'm particularly interested in is whether the support, child support and spousal support and alimony provisions of the marital settlement agreement, may be enforced pursuant to 23 57 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pa. C.S.A. Section 3502(e) in this proceeding given the existence of a support order relating to those obligations and the pendency of an enforcement proceeding initiated through a contempt petition under consideration by me. furnishing a brief on those filed prior to the petition Do counsel have any objection to -- on that issue at least? MS. MALE: No, Your Honor. I would -- believe that the petition to enforce the settlement agreement was filed on February 17th, the petition for enforcement that Mr. THE COURT: MS. MALE: which I think predated Goshorn filed. Ail right. But I would be happy to provide a brief to you on those issues within a week. THE COURT: Mr. Dzuranin. MR. DZURANIN: Your Honor, I would just ask to file a reply brief after we see Ms. Male's brief in the same period of time. THE COURT: Why don't I ask for briefs within from each party. Is that satisfactory, Mr. 14 days Dzuranin? MR. DZURANIN: That's fine, Your Honor. THE COURT: Does either counsel want the transcript prepared? MR. DZURANIN: I don't think it's necessary at this time, Your Honor. If we change, we can request it 58 1 2 3 4 b 6 7 8 9 10 11 12 13 14 15 {6 17 18 19 20 21 22 23 24 25 directly from the stenographer. I don't want it at this time, but we'd like to reserve the right to do that in case substitute counsel gets involved. THE COURT: Well, if we set up a briefing schedule of 14 days, of course you can request the transcript, but it's not going to be done anywhere near the time for the briefs to be filed. MR. DZURANIN: I believe it could be on an expedited basis, Your Honor. THE COURT: The stenographers are so far behind in their work. There's done. MR. DZURANIN: simply no way it could be I don't need a transcript. THE COURT: I would be happy to extend the briefing schedule if you want the submission of briefs with the responsibility of having a transcript. MR. DZURANIN: I would request that, Your Honor. MS. MALE: Your Honor, if I might, I don't need the brief, but if you're going te extend the briefing schedule on the support Court to enter an order THE COURT: Well, now about the briefing schedule Male, do you want a copy of the issue, I would respectfully ask the dealing with the IRA and -- first of all, I'm asking and the transcript. Ms. transcript to work from? 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MALE: Yes, Your Hcnor. THE COURT: Ail right. And is thirty days agreeable for a briefing schedule? MR. DZURANIN: Yes, Your Honor. THE COURT: Ms. Male. MS. MALE: Yes, Your Honor. I understand the Court's desire to have some additional law briefed on the support issue. I would respectfully request, however, Your Honor, that you enter an order separate from the support issue dealing with the IRA and the request for legal fees for the following reasons, Your Honor. First, Mr. Meeker is not here to defend against those claims. He's had ample notice and opportunity to be present here. Second, my concern is that the longer we delay having any order, particularly cn the IRA and the counsel fees issue, the less likelihocd there will be of my client being able to recover any of the sums that Mr. Meeker received earlier in March, and I'm talking specifically about the $2~0,000.00 that he received on or about March 13th. I would ask the Court to enter any bank accounts he has so that we, position to secure the funds for the with the support matters being taken under advisement Court after submission of the briefs. an order freezing at least, are in a IRA and the legal fees by the 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: But I don't want to decide the cases piecemeal. Mr. Dzuranin, do you have any objection to my directing that the Plaintiff not withdraw any money from any accounts that contain proceeds from the settlement with the two S corporations? MR. DZURANIN: Yes, Your Honor, I do. He may need this money to live on for his own expenses. I recognize his obligation for the children, but this matter has not been decided finally yet whether my client is in contempt for not paying. That's a matter to be decided in the future. He's not here. The only thing we have on the record as to why he's not here is because of his inadvertence of not bringing documents in and his being in the hospital. There's no other reason to suggest that he was not here for any other reason. Freezing his accounts might have a chilling effect on his ability to continue to live and to hopefully find a job so that he can continue to pay child support in the future. We don't see any evidence to suggest that the monies are being wasted anywhere else. There's no testimony, no evidence at all to say that it's not available at a time that this Court would enter a final order. THE COURT: Ms. Male, wi~at were the names of 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those S corporations? MS. MALE: Circle C -- it's two words. Circle and the letter C Corporation and the letter C Prime Corporation. THE COURT: Ail right. You may be seated. Thank you. We will enter this order: AND NOW, this 31st day of March, 2004, upon consideration of Defendant's Petition To Enforce Settlement Agreement Pursuant to 23 Pa. C.S.A. Section 3502{e), and following a hearing held on March 31, 2004, the record is declared closed, and the matter is taken under advisement. PENDING FURTHER order of court, the Plaintiff, Kevin S. Meeker, is enjoined from diminishing, withdrawing, transferring, encumbering, or otherwise depleting in value any bank, savings bank, or similar account containing proceeds from his settlement with Circle C Corporation and his settlement with C Prime Corporation, and any bank, savings bank, or similar institution holding said accounts is, to the extent of this Court's authority, enjoined from permitting any such diminution, withdrawal, transfer, encumbrance, or other such depletion. In addition, to the extent that any proceeds from the said settlement or settlements are in Plaintiff's possession whether real, personal, or mixed property, similarly enjoined from any such diminution, in any other form, the Plaintiff is withdrawal, 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. Honor. MS. transfer, encumbrance or other depletion in value. Pursuant to a request of counsel for Defendant, the stenographer is requested to transcribe and file the notes of testimony from the hearing held on this date. Pursuant to a request of each counsel and the Court, briefs shall be submitted within thirty days from today's date on the issue of whether Defendant may enforce a support/alimony obligation of Plaintiff through 23 Pa. C.S.A. Section 3502(e) in this proceeding, given the existence of a supporE order relating to Plaintiff's obligations in those respects and the pendency of an enforcement proceeding relating to the support order initiated through a contempt petition in the Domestic Relations Division of this Court. Ms. Male and Mr. Dzuranin, is there anything else? I know you don't necessarily agree with the order, but is there anything else that should be in the order? DZURANIN: Nothing I can think of, Your MALE: Your Honor, if we could shorteu up the briefing schedule to be say ten days from the date that we receive it from the court reporter. THE COURT: I don't mind doing that. I think you're going to find it extending it rather than shortening it because although Ms. Handley had indicated she might be 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 able to get it done within a week or ten days, that's extremely optomistic in my opinion; but if you want, I'll simply make the order that the briefs are due within ten days of receipt of the transcript. MS. MALE: Thank you, Your Honor. THE COURT: Is that what you want? MR. DZURANIN: Your Honor, I would object to that again because of the motion for continuance I filed where my client might be seeking substitute counsel. I think thirty days would be fair for other counsel to be involved, if other counsel is going to be retained. We would ask for thirty days. THE COURT: leave it the way it is, and I think that's really as optimistic as it's going to be. Ail right. Thank you. Court is adjourned. MS. MALE: Thank you, Your Honor. (Whereupon, Court adjourned at 12:20 p.m.) I'll tell you what. I'm going to 64 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on and that this is a correct transcript of the above cause the same. Laura F. Handley Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date SE~-fLEMENT AGREEMENT This Agreement is entered into on April 4~/~, 2004 between Tammy L. Meeker ("Tammy") and Kevin S. Meeker ("Kevin"). RECITALS Whereas, pending before the Cumberland County Court's Support Master is the de hove hearing on the complaint for support filed by Tammy on March 20, 2003 in the action docketed as Tammy L. Meeker v. Kevin S. Meeker, # 00254 S 2003; PASCES # 194105341; and Whereas, pending before the Honorable Edward E. Guido is an enforcement petition filed against Kevin by Frank B. Goshorn, the Domestic Relations Officer assigned to the support case; and Whereas, pending before the Honorable J. Wesley Oler, Jr. is the petition for enforcement of the parties' marital settlement agreement, dated June 7, 2002, filed by Tammy in the divorce action docketed as Kevin S. Meeker v. Tammy L. Meeker, # 02-3649; and Whereas, the parties, following the conclusion of the de novo support hearing on April 19, 2004, reached an agreement to settle and resolve all pending matters. NOW, THEREFORE, in consideration of the mutual promises, covenants.~.and undertakings hereinafter set forth and for other good and valuable cons~der~n, recei~l.~of which the parties acknowledge, Tammy and Kevin, each intending to be legally bOO;gd, hel~y covenant and agree to the terms set forth in this agreement. '; 1. Cash Payment. Concurrently with execution of this agreement, Kevin will pay Tammy $18,000.00. This payment shall satisfy in full all arrears currently due and owing on the support order entered on June 23, 2003, including the child support, spousal support, and alimony arrears. This payment also will satisfy Tammy's requests, as set forth in her enforcement petition, for reimbursement of daycare and extracurricular activity fees incurred in 2002 and 2003. 2. Pendin~Z Support Enforcement Proceedin~'n. As soon as the funds referenced in paragraph 1 are available to her, Tammy will notify Frank B. Goshorn that DRS may withdraw its enforcement petition and collection procedures. 3. Withdrawal of Support Action. As soon as the funds referenced in paragraph 1 are available to her, Tammy will withdraw and discontinue her complaint for support. 4. Child SUPPOrt. Kevin shall pay Tammy as support for their children, Cody S. Meeker (dob: 12/12/95) and Samantha A. Meeker (dob: 08/02/98), $500.00 per month for the months of May 2004 and June 2004. These payments are due and payable at Tammy's residence on the lSth day of each month. Beginning July 15, 2(:)04, and continuing thereafter, Kevin will pay Tammy $1,000.00 per month, also due and payable on the 15th day of each month. After Kevin secures employment, and if his income warrants, this amount may be increased. 2 5. Health Insurance. Tammy will secure health insurance for the children through her employer. Kevin will pay Tammy 50% of the monthly exp,~nse for the children's coverage. In addition, Kevin will pay 50% and Tammy will pay 50% of the uninsured medical expenses for Cody and Samantha after application of the $250.00 threshold amount per child, as set forth in the June 7, 2002 marital settlement agreement. 6. Dependency Exemptions. Beginning with tax year 2004, Kevin shall be entitled to take the federal dependency exemption for Cody, and Tammy will retain the exemption for Samantha. 7. Alimony. As soon as the funds referenced in paragraph 1 are available to her, Tammy will withdraw and relinquish her alimony claim with prejudice. 8. Individual Retirement Account. Kevin represents and warrants to Tammy that he has an Individual Retirement Account, with an approximate balance of $7,100.00. Concurrently with execution of this agreement, Kevin shall execute all documents necessary to roll over this IRA to Tammy. Upon the completion of this prooess, Tammy will withdraw with prejudice her petition for enforcement of the parties' marital settlement agreement. This transfer of funds will resolve the portion of Tammy's enforcernent petition related to Kevin's liquidation of the Morgan Stanley iRA addressed in the parties' settlement agreement. 3 9. Custody. The terms and conditions of the custody order dated August 21, 2003, as affirmed bythe order dated February 3, 2004, shall remain in full force and effect. 10. No Other Modification. The remaining terms of the parties' marital, settlement agreement executed on June 7, 2002 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. SS 4 M^¥ 0 6 2004~ Theresa Barrett Male Supreme Court # 46439 5:13 North Second Street Harrisburg, PA :17:10:1 (7:17) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVlN S. MEEKER Plaintiff V. TAMMY S. MEEKER Defendant NO. 02-3649 Civil Term CIVIL ACTION - DIVORCE ORDER AND NOW, May [ [, ,2004, the parties having resolved the claims raised in Defendant's Petition to Enforce Settlement Agreement, thE; Court CONTINUES this matter generally, pending the transfer to Defendant of Plaintiff's Individual Retirement Account as more particularly set forth in the Settlement Agreement filed contemporaneously with entry of this Order. The Order entered following the enforcement hearing on March 31, 2004 is VACATED. J.~esley Oler, ~ J. V tribution: phen J. Dzuranin, Esq., P.O. Box 845, Harrisburg, PA 17108-0845 ~'~eresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101 ~ ~,'~evin S. Meeker, 2433 Rolling Hills Dr., Mechanicsburg, PA 17055 BY THE COURT: LLN¢','-? !":' Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN S. MEEKER : Plaintiff : : v. : NO. 02-3649 Civil Term TAMMY L. MEEKER Defendant CIVIL ACTION - DIVORCE PRAECIPE To the Prothonotary: Please withdraw the lis pendens filed against the improved real estate located at 2433 Rolling Hills Drive, Mechanicsburg, PA 17055 on March 25, 2004. Date: May 14, 2004 Theresa Banrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233~3220 Counsel for Defendant