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HomeMy WebLinkAbout02-3662JAN RENEE RUSSELL, PLAINTIFF ¥5. LESLEY DONN RUSSELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO.O~ -~"~-ML~ TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY 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 '~o you, including custody or visitation of your children. When the ground 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 JAN RENEE RUSSELL, PLAINTIFF LESLEY DONN RUSSELL, DEFENDANT : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.O~. -- ~,t'"CIVIL" TERM : : CML ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JAN RENEE RUSSELL, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiffis JAN RENEE RUSSELL, an adult individual, who resides at 1001 Forge Road, Carlisle, Cumberland County, Pennsylvania, 17013. The Plaintiffhas resided in Cumberland County for over five (5) years. 2. Defendant is LESLEY DONN RUSSELL, an adult individual, who currently resides at 155 East Loutber Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 28, 1996. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Defendant was a member of the United States Army for four (4) years prior to the parties' marriage. No benefits as a result of this military service are applicable to this marriage. 9. Plaintiff and Defendant have one (1) child from their marriage, ABIGAIL GRACE RUSSELL, born April 19, 1999. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, JAN RENEE RUSSELL, respectfully requests the court to enter a Decree of Divoree pursuant to section 3301(c) of the Divorce Code. COUNT H - REOUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. thereto. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, JAN RENEE RUSSELL, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. cotr~ m- REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 31041'a){2) and 3323(b) OF THE DIVORCE CODE 14. thereto. 15. Plaintiff: NAME ABIGAIL GRACE RUSSELL Paragraphs 1 through 13 of this Complaint are incorporated herein by reference The parties are the parents of the following minor child who resides with the AGE SEX DATE OF BIRTH 3 years Female April 19, 1999 16. During the past four (4) years the child has resided with the parties and at the addresses herein indicated: WITH WHOM Plaintiff and Defendant Plaintiff ADDRESS 1217 Spring Road Carlisle, PA 1001 Forge Road Carlisle, PA FROM / TO Birth to May 18, 2002 May 18, 2002 to present 17. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 18. There are no other proceedings pending involving custody of the child in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 20. The best interests of the child will be served if both Plaintiff and Defendant have Shared Legal Custody, with Plaintiff having Primary Physical Custody and Defendant having Partial Physical Custody of their child. WHEREFORE, Plaintiff, JAN RENEE RUSSELL, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming Shared Legal Custody with Plaintiff, JAN RENEE RUSSELL, and Defendant, LESLEY DONN RUSSELL, Primary Physical Custody with Plaintiff, JAN RENEE RUSSELL, and Partial Physical Custody with Defendant, LESLEY DONN RUSSELL, of the parties' one (1) minor child, ABIGAIL GRACE RUSSELL. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay C~ndie~, Esquire - Counsel fo~ff PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belie[ This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED.~ JAN RENEE RUSSELL PLAINTIFF LESLEY DONN RUSSELL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3662 CIVIL ACTION LAW IN CUSTODY : ORDER OF COURT AND NOW, Tuesday, August 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ., thc conciliator, at 39 West Main Street, Meehaniesbur$, PA 17055 on Tuesday, September 03, 2002 at 10:00 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 bc accomplished, to define and narrow the issues to bc heard by thc court, and to enter into a temporary order. All children age five or older may also bc present at thc conference. Failure to appear at thc 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/ Da'wn S SunJav. Esa. ~,.-.., . Custody Conciliator 0 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 ATI'ORNEY 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 SEP 0 4 ZO0 JAN RENEE RUSSELL, VS. LESLEY DONN RUSSELL, Plaintiff Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3662 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 3P'~ day of September, 2002, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today, September 3, 2002 is canceled. FOR THE COURT, Custody Conciliator JAN RENEE RUSSELL, PLAINTIFF VS. LESLEY DONN RUSSELL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3662 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY ACCEPTANCE OF SERVICE I, Hubert X. Gilroy, Esquire, counsel for the Defendant in the above-captioned 3301(c) of the Divorce Code, and certify that I am authorized to do soy divorce/custody matter, accept service of the Complaint for No-Fault Divorce Under Section Dated: BROUJOS & GILROY, P.C. Hubert X. Gilroy, Esquire Coun elSos '(/ pA I.D. #"q>/ Y~y 4 Noah Hanover Street Carlisle PA 17013 (717) 243-4574 JAN RENEE RUSSELL, PLAINTIFF YS. LESLEY DONN RUSSELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-3662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SE~FION 3301(c) OF 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JAN RENEE RUSSELL, PLAINTIFF VS. LESLEY DONN RUSSELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-3662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 31, 2002. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the fight to claim any &them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. JAN RENEE RUSSELL, PLAINTIFF VNo LESLEY DONN RUSSELL, DEFENDANT : IN ~ COURT OF COMXION PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-3662 CIVIL TERM : :CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes RUSSELL, who currently resides at 1001 Pennsylvania, 17013. The Defendant (hereinafter sometimes referred to as "Father") is LESLEY DONN RUSSELL, who currently resides at 155 East Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013. ABIGAIL GRACE RUSSELL, bom on April 19, 1999, (hereinafter sometimes referred to as "Abigail"), is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiffand Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plainti~ JAN RENEE RUSSELL, and Defendant, LESLEY DONN RUSSELL, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiffand Defendant shall share Legal Custody (as defined in 23 Pa. C.S.A. Section 5302) of their minor child, ABIGAIL GRACE RUSSELL. referred to as "Mother") is JAN RENEE Forge Road, Carlisle, Cumberland County, 2. All decisions affecting Abigail's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities, shall be considered major decisions and shall be made by Father and Mother, jointly, alter discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interests 3. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of the child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 4. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of cach parent to uphold the other parent as one whom the child should respect and love. 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions ora routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, der~ist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. It shall be the responsibility of each parent to contact the child's school and obtain information about the child's education and major school events. 9. Mother shall have Primary Physical Custody and Father shall have Partial Physical Custody of their minor child, Abigail. Father shall have Partial Physical Custody according to the following schedule: A. Father shall have Abigail every other weekend from Friday aRer school through Monday morning, when Father shall return Abigail to school; B. Following Father's weekend he shall have Abigail Thursday evening after school through Friday morning when Father shall return Abigail to school; C. Following Mother's weekend Father shall have Abigail Monday after school through Tuesday morning when Father shall return Abigail to school; D. Mother and Father shall each have the option to request one to two (1-2) consecutive weeks of visitation during the child's summer vacation from school. Mother and Father shall provide each other with a minimum of one (1) week's written request for a week of vacation time; E. The following holidays Abigail shall be with the parent whose schedule of regular visitation falls when the holiday occurs: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Memorial Day; 3) Independence Day; 4) Labor Day. F. Easter: Mother and Father will agree to divide this holiday in coordination with their individual family holiday activities; G. Thanksgiving: Mother and Father shall alternate Thank%giving with Mother having Abigail in the even years and Father having Abigail in the odd years; H. Christmas. Mother and Father shall alternate the Christmas holiday. In even years, Father shall have the child beginning Christmas Eve day at 12:00 p.m. through Christmas Day at 4:00 p.m. In odd years Father shall have the child Christmas Eve day until 8:00 p.m. when he shall return the child to Mother. Father may then have the child beginning 4:00 p.m. on Christmas Day. I. Father shall have Abigail on Father's Day and Mother shall have Abigail on Mother's Day; J. Father shall have Abigail at, er school and return her to school on the following morning for Kristin's birthday (Abigail's half sister) September 18, and on Father's birthday, September 27; K. Mother shall have Abigail overnight for her birthday, August 7; L. Mother and Father shall share Abigail's birthday, April 19; M. All holidays, vacations, and specially designated times for visitation with the child shall supersede the regularly scheduled visitation. 10. Mother has the right to request an extended weekend to travel with the maternal grandparents and Abigail to visit Abigail's maternal uncle. Mother shall make all reasonable attempts to schedule these weekends on her weekends. If, for whatever reason, Mother is not able to schedule these weekends on her weekend, Father agrees to allow Abigail to visit with her maternal uncle on these weekends and Father may request any additional time to make up for any lost weekends or days as a result of these visits. 11. Father and Mother agree if either of them does not have to work on a day Abigail is in day care, they may take Abigail out of day care for visitation. This will not apply to school, once Abigail is in school. 12. Father agrees he will pay the first three (3) weeks of child care expenses for Abigail each month and Mother agrees she will pay the last week of child care expenses for Abigail each month. Father and Mother shall make these payments directly to the child caregiver in a timely manner. 13. When the child begins kindergarten the payments to the child caregiver will end. Father then agrees he will pay Three Hundred Dollars and No Cents ($300.00) each month as child support to Mother. These payments shall be made on or before the tenth (10ta) day of each month. The child support agreement as stated, may be altered in writing by mutual agreement of the parties or if the parties are unable to reach a mutual agreement either party may file with the Domestic Relations Section of Cumberland County. 14. Mother shall have the child as an income tax deduction. 15. Mother and Father agree to share transportation, with the party who is beginning their custody period with Abigail providing the transportation for Abigail. 16. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with Abigail. 17~ Mother and Father shall be flee to mutually agree to alter and/or change the terms of this agreement, ff the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DASD: ~/~ , 20~ DASD: / //~ ~ ,2003 / JAN~4NEE RUSSELL i~,EESL~EY DONN RUSSELL (This space is intentionally left blank.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the ~/b~ day of ~af-(ff--~ , 200~ before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANBIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when ,lAN RENEE RUSSELL, whose name is subscribed to the within Marital Property Settlement Agreement, executed the same, and that said person acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Nota/y Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA SS: cotr rY ov : On this, the ~ day oft/' 2003, before me, a Notary Public for the Commonwealth 6f PennsylvaCa, the undersigned officer, personally appeared LESLEY I)ONN RUSSELL known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notaria Seal Bridget Ann Coreoran, Notary Public Carlisle Boro, Cumberland County My Commission Expires June 10, 2006 Member, Pennsy;vania Association ol Notades My Commission Expires: MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this _.~day of, ',/~'o.~ , 200~ by and between JAN RENEE RUSSELL and LESLEY D(JN~ RUSSELL~ ~ RECITALS Wife's Birthday and Social Security Number: Husband's Birthday and Social Security Number: Date of Marriage: Place of Marriage: Last Marital Residence: Date of Separation: Children: Pending Court Proceedings: Divorce December 28, 1996 Carlisle, PA August 7, 1965 203-52-5861 September 27, 1965 197-60-6627 1001 Forge Road, Carlisle, Cumberland County, PA 17013 May 18, 2002 One, Abigail Grace Russell None Court of Common Pleas Nc,. 02-3662 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to liw~ separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereaiTter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall nol molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereo£ Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower., curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry ora divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executcr if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by lhe execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such fin al judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date~ Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and Hubert X Gilroy, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of'the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will fbrthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 4 NO WAIVER OF DEFAULT 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 in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement, if any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Jan Renee Russell, at 1001 Forge Road, Carlisle, PA 17013, or such other address as Wife from time to time may designate in writi:ag, Any notice required by this Agreement to be sent to ltusband shall be sent by certified mail, return receipt requested, to Lesley Donn Russell, at t 55 East Louther Street, Carlisle, PA 17013, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part ofthls Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligatiom~ remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and tl~e debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set fi)rth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each partly waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the otl~er and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all ,debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDiES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by lhe other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limltal:ion, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliance3, pictures, books, works of art and other personal property. Wife agrees that all of the property presently in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A The 1990 Plymouth Voyager is titled solely in Husband's name and shall hereafter be the sole and exclusive property of Husband Husband shall hereafter be solely responsible for all loans, taxes, fees and insurance payments for this vehicle. B. The 2000 Subaru is titled solely in Wife's name a.nd shall hereafter be the sole and exclusive property of Wife. Wife shall hereafter be solely responsible for all loans, taxes, fees and insurance payments for this vehicle. C The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-flee basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands ora bank or other holder ora lien or encumbrance upon either of the ~aid vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where th,,' parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties agree they have closed all joint bank accounts and divided equally (50/50) any marital funds remaining in these accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph. 4. RETIREMENT INTEREST Nationwide Wife has a retirement and savings plan with her present employer, Nationwide. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's retirement and savings plan with Nationwide. Husband has no retirement or savings plans. 5. LIFE INSURANCE Husband and Wife each have life insurance policies with cash values. Husband and Wife each agree to specifically release and waive any and all interest, claim or fights which they may have in each other's life insurance policy and the cash value of that policy. 6. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: I) Wife has the loan on her vehicle, in her name only, which she agrees to be solely responsible for; 2) Husband and Wife had a joint loan with CCCS which resulted from their consolidation of several debts incurred during their marriage. Wife has paid her portion of this debt. Husband agrees to pay his portion. 3) Wife has the following credit accounts in he:~ name only, which she agrees to be solely responsible for: a) Beneficial b) PSECU Visa c) PSU Alumni Master Card (MBNA) d) Discover e) Exxon 4) Husband agrees to be solely responsible tbr kis Bank Americard, (2) PNC accounts, MBNA account and any additional credit cards in his name only. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A, Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is deftned fbr purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name ora party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset, which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, ~th full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND AI JMONY Husband and Wife do hereby waive, release and give up any fights arising fi.om the continuing existence of their marital relationship which either may have against the other for spousal support, alimony pendente lite, alimony or other maintenance of any kind, except as otherwise specifically provided herein. 10. COUNSEL FEES AND EXPENSES The parties agree each shall be fully responsible for their own individual counsel fees and expenses incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreemem and all of the statements, t~ms, conditions and provisions thereof prior to sibming below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~Y~-TNI~Sg - '-'~'~'~ '~'--_.) J~NEE RUSSELL WFrNESS / ~t/~I~SLI~ DONN RUSSELL [ HUSBAND [This space is intentionally left b~ank.] lO COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the V~ day of /L~£c~ , 200t~ before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANI)IELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instnunent, and certified that she was personally present when JAN RENEE RUSSELL, whose name is subscribed to the within Marital Property Settlement Agreement, executed the same, and that said person acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Notadal Sea~ GaJl P. Mivnich, Notary Public J Mechanicsburg Eoro, Cumberland Couniy [ My Coinmission Expires Dec. 9, 2006 M~mber, Pennsylvania As~ciatJcn O¢ Nora rie~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ~ SS: On this, the ~ day of t/v~4.~c.~.~ , 2003, before me, a Notary Public for the Commonwealth pf Pennsylvarfia, the undersigned officer, personally appeared LESLEY BONN RUSSELL known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notarial Seal Bridget Ann Corcoran, Notary Public Carlisle Boro, Cumberland County My Commission Expires June 10, 2006 Member. Pennsylvania Association Ot Notaries Notary ~%61ic ' My Commission Expires: 11 JAN RENEE RUSSELL, PLAINTIFF YS. LESLEY DONN RUSSELL, DEFENDANT : IN TItE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-3662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 31, 2002. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninny (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of mafital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the fight to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. DA~ E RUSSELL JAN RENEE RUSSELL, PLAINTIFF LESLEY DONN RUSSELL, DEFENDANT : IN ~ COURT OF COMMON PLEAS : OF CUMBE~ COUNTY, : PENNSYLVANIA : : NO. 02-3662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRy OF/~ DIVORCE DECREE UNDER SECTION 3301(C) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 flied with the prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATE JA~NEE RUSSELL JAN RENEE RUSSELL, PLAINTIFF VS. LESLEY DONN RUSSELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; : NO. 02-3662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of Complaint: The Defendant, Lesley Donn Russell, is represented by counsel, Hubert X. Gilroy, who accepted service on behalf of the Defendant on August 20, 2002. The Acceptance of Service was filed with the Cumberland County Prothonotary on December 8, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: March 4, 2004 Defendant: November 27, 2003 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the patties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) &Divorce Code, as required by Rule 1920.42(e)(1), was executed on March 4, 2004 by the Plaintiff.and on November 27, 2003 by the Defendant. The Defendant's Affidavit &Consent and Waiver of Notice were filed with the Cumberland County Prothonotary on December 8, 2003. The Plaintiff's Affidavit &Consent and Waiver of Notice are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Dated: March 5, 2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. ~an Kay Candi~ Counsel for Plaintiff / 5021 East Trindle R~6ad Suite 100 Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT Of COIVlrvION PLEAS JAN RENEE RUSSELL PLAINTIFF V~'rsu$ LESLEY DONN RUSSELL DEFENDANT OFCUMBERLANDCOUNTY STATE OF PENNA. 02-3662 NO. DECREE liN[ DIVORCE AND NOW, DECREED THAT ~ /I 2004 Jan Renee Russell Lesley Donn Russell , lt IS ORDERED AND 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; JAN RENEE RUSSELl-. PLAINTIFF LESLEY DONN RUSSEI,I, DEFENDANT : IN THE. COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-3662 CIVIL TERM : :CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is JAN RENEE RUSSELL, who currently resides at 1001 Forge Road, Carlisle, Cumberland County, Pennsylvania, 17013. The Defendant (hereina~er sometimes referred to as "Father") is LESLEY DONN RUSSELL, who currently resides at 155 East Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013. ABIGAIl, GRACE RUSSELL, born on April 19, 1999, (hereinafter sometimes referred to as "Abigail"), is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plainti~ JAN RENEE RUSSELL, and Defendant, LESLEY DONN RUSSELL, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: 1. Plaimiffand Defendant shall share Legal Custody (as defined in 23 Pa. C.S.A. Section 5302) of their minor child, ABIGAIL GRACE RUSSELL. 2. All decisions affecting Abigail's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities, shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interests. 3. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's fight to shared legal or physical custody of the child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 4. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. It shall be the responsibility of each parent to contact the child's school and obtain information about the child's education and major school events. 9. Mother shall have Primary Physical Custody and Father shall have Partial Physical Custody of their minor child, Abigail. Father shall have Partial Physical Custody according to the following schedule: A_ Father shall have Abigail every other weekend from Friday after school through Monday morning, when Father shall return Abigail to school; B. Following Father's weekend he shall have Abigail Thursday evening afrer school through Friday morning when Father shall return Abigail to school; C. Following Mother's weekend Father shall have Abigail Monday after school through Tuesday morning when Father shall return Abigail to school; D. Mother and Father shall each have the option to request one to two (1-2) consecutive weeks of visitation during the child's summer vacation from school. Mother and Father shall provide each other with a minimum of one (1) week's written request for a week of vacation time; E. The following holidays Abigail shall be with the parent whose schedule of regular visitation falls when the holiday occurs: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Memorial Day; 3) Independence Day; 4) Labor Day. F. Easter: Mother and Father will agree to divide this holiday in coordination with their individual family holiday activities; G. Thanksgiving: Mother and Father shall alternate Thanksgiving with Mother having Abigail in the even years and Father having Abigail in the odd years; H. Christmas. Mother and Father shall alternate the Christmas holiday. In even years, Father shall have the child beginning Christmas Eve day at 12:00 p.m. through Christmas Day at 4:00 p.m. In odd years Father shall have the child Christmas Eve day until 8:00 p.m. when he shall return the child to Mother. Father may then have the child beginning 4:00 p.m. on Christmas Day. I. Father shall have Abigail on Father's Day and Mother shall have Abigail on Mother's Day; J. Father shall have Abigail after school and return her to school on the following morning for Kristin's birthday (Abigail's half sister) September 18, and on Father's birthday, September 27; K. Mother shall have Abigail overnight for her birthday, August 7; L. Mother and Father shall share Abigail's birthday, April 19; M. All holidays, vacations, and specially designated times for visitation with the child shall supersede the regularly scheduled visitation. 10. Mother has the fight to request an extended weekend to travel with the maternal grandparents and Abigail to visit Abigail's maternal uncle. Mother shall make all reasonable attempts to schedule these weekends on her weekends. If, for whatever reason, Mother is not able to schedule these weekends on her weekend, Father agrees to allow Abigail to visit with her maternal uncle on these weekends and Father may request any additional time to make up for any lost weekends or days as a result of these visits. 11. Father and Mother agree if either of them does not have to work on a day Abigail is in day care, they may take Abigail out of day care for visitation. This will not apply to school, once Abigail is in school. 12. Father agrees he will pay the first three (3) weeks of child care expenses for Abigail each month and Mother agrees she will pay the last week of child care expenses for Abigail each month. Father and Mother shall make these payments directly to the child caregiver in a timely manner. 13. When the child begins kindergarten the payments to the child caregiver will end. Father then agrees he will pay Three Hundred Dollars and No Cents ($300.00) each month as child support to Mother. These payments shall be made on or before the tenth (10~h) day of each month. The child support agreement as stated, may be altered in writing by mutual agreement of the parties or if the paRies are unable to reach a mutual agreement either party may file with the Domestic Relations Section of Cumberland County. 14. Mother shall have the child as an income tax deduction. 15. Mother and Father agree to share transportation, with the party who is beginning their custody period with Abigail providing the transportation for Abigail. 16. Mother and Father agree to be responsible for any ordinary evenffday expenses which occur during their individual custody periods with Abigail. 17, Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement, ff the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: .~/q , 20~3/~ DATED: ] I/R-/ ,2003 1 RUSSELL ;~Y D~JNI~ RUSSELL (This space is intentionally left blank.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the ~b~ day of ~t(-b/''~ , 200/~ before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANI)I]gI,UO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when JAN RENEE RUSSELL, whose name is subscribed to the within Marital Property Settlement Agreement, executed the same, and that said person acknowledged that she executed the same for the purposes therein contained. IN WITNESS WI~EREOF, I hereunto set my hand and official Seal. Notap/Public My Commission Expires: [ M~,h,.&q~csb~frq ':om, C;[ :bed¢!~d County COMMONWEALTH OF PENNSYLVANIA : SS: cotn r¥oF a_ : /1_ On this, the ~1~ day of ~ '/~QCa.~ff. ff~· ' ' 2003, before me, a Notary Public for the Commonwealth 6f Pennsylvar~a, the undersigned officer, personally appeared LESLEY I)ONN RUSSELL known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notaria Seal Bridge Ann Cor¢oran, Notary Public [ Notar~ ~Yablic Carlisle Boro, Cumberland County I My Commission Expires June 10, 2006, Member, Pennsy;vanla P~ssociation ol Notaries My Commission Expires: JAN RENEE RUSSELL, PLAINTIFF VS. LESLEY DONN RUSSELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-3662 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY ORDER OF COURT AND NOW, this /Z ' day of rr~a~cffa ,2004, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaimiff, JAN RENEE RUSSELL, and Defendant, LESLEY DONN RUSSELL, shall SHARE LEGAL CUSTODY of their daughter, ABIGAIL GRACE RUSSELL, and Plaintiff, JAN RENEE RUSSELL, shall have PRIMARY PHYSICAL CUSTODY and Defendant, LESLEY DONN RUSSELL shall have PARTIAL PHYSICAL CUSTODY of their daughter, ABIGAIL GRACE RUSSELL, in accordance with the language contained in the within Stipulation. BY THE COURT,