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HomeMy WebLinkAbout94-05800 8\ ()O \() ., I' 'j,l, it, l':t"'i')!- Ut"1 ." ~,I :. '. I " , " I,:, 1 III I,. '. f" l"!'~:::t '\, Vi,:, '. \ ~, ,).-- -" ""1' .;":[, ~ J \," ,~ ' .', ,j. 'I" I " ,. 'I ,II, /, , " 1\, . 1 ", \' "'\ " i, \ .' " ," " " " 'I, II, " , " :. " ' I_J \'-', , , , ' " 1"', , ',, I, , , 1 \, \ l \ " , , ..' , " 'j ",I \{ " " ',I ,-' ~ .~ '"', ~~ "... 1ir .1 ~ r:- ~ 100 .. '0'0 ~ ~ ~'"' CII "".. :2:0 e ... ..c: '~II! ou '" :>o.u ~3 CII 100'0 f-< 00100 I' IJ.... 0 t>, '"' 100 en ~ CII '.. o::s ... ra.llIl '"' :>0. > uu x C1i! 011I '0 CII ... ~ ..~< '" '"' U ...100... CII '0 o () "wf~ guS =... "'... 0 0... ... CII ~ 0 ... ~ CII... ='" <Xl ... 0 ura.> ~... '0 11'I ~ ~.... 1'1 1Il0>l .... ~ . Cl I OCII... ....... :aCII "l' ... & '" CCIllIll en '" ... 01 "'CII... f-<:J ~ '... '"' ~~ .~ Q.l.1""4 Iooll. . ... 100 en Z~1al .c '"' 0 CII 01,... Hll.llo U > <. Z ll.<> ,,. , ',' '. , . , . . IItAR IN TBI COURT or COMMON PLEAS or CtlMJIDlLAND cQVNTY, PENNSYLVANIA CbrIIdDe Beadley, PlalDdIf NO. 94-5800 Cl'fll Term v. AIaD W. Heaci1ey, DelmdaDt AND NOW, TOwn, ....q P/.", 0' 1""', ___00',," fORgoma petition, it is hereby ordered that the attached A~ment for Custody and Visitation of Minor Children is incorporated berein and nw1e an Order of Coun, resolving matters concerDinK custody of and visitation with the parties' children, Ty Headley, Kelly Headley and Heatber Headley, '1',' BY THE d)URT: , J. .,'YOlr,,, 1'1 .lINi11)v r1~,',- . 1" .~Y I' ,," ,'," '" . .,N\;lfl '; "J 1:)IIH '" ' ..N~Lt6 .). , , -", .", ", munbered years Falber slJall bave Ibe children New Year's Day, Euter IDd Labor Day IDd Molber shall bave Ibe children on Memorial Day IDd 1uly Fourth, c. On 1'bank.sgiving from Ibe Wednesday immediately prior to 'Ibanksgiving Day when Father sball pick up Ibe children at day care until tbe Friday immediately following Tbanltsgiving when Fatber sball drop off the children at day care. d. The Christmas holiday which shall include Christmas Eve and Christmas Day shall be shared as tbe parties shall mutually agree. e, Two one week visits which may be consecutive with ootice to Mother 00 later than April 1st of each year, At such time as Ibe children become school age, tbe two one week visits shall be exercised during summer or school vacations with tbe same ootice requirements to Motber. f. Mother IDd Fatber shall alternate takiDi time off when it is necessary to care for an ill child. g. As such other times as the parties can aFe. 4. It sball be Ibe responsibility of the .oollCUStodial parent to pick up aDd return the children at the home of Ibe custodial parent when exercising rights of panial physical custody. " Each parent is encouraged to accommodate Ibe reasonable requests of the otber parent for alterations of the agreed upon schedule, as tbe circumstances aod Ibe besc JnlerelC of die children RqWre. 6, If a change in die agreed upon schedule is necessary, die party requescinl die cbu&e sha1I provide twenty-four hours or more notice of the change. .' . 7. . NJ~J ,1::,.1. .h..... 11_ . ~Mlfe8 "'v.~-=iIlt-&l.atr,f;_ vI '~_/A"" t".IM tflot"e,". 10;' c' fhe.~.c r<,\j r {1 f' (i ddre ',:\ <,,vel Ph(lN~. N'-' '71"./4 eh4tN'c.,~ .', 8. The parties shall keep each other informed of lbeir current addresa aDd ........ DUmber. aDd shall provide a telqlhone number to COIlCaCC the party exercbing aIItOCIy It removing die children from their residence fQr a period in excess of three (3) days. .2. IN TBI CotIaT or COMMON ruM or ctIMIIlRLAND COVNTY, PENNSYLVANIA CbrIIdae Hudler, PedtIoaer : NO,""5800 Clvtl1'erm v, CIVD.. ACTION - LAW Alaa W. Htldl.y, Relpoadeal IN CUSTODY AGREEMENT fOR CUSTODY AND V~"ATIONOfMINORCHaDUN nlLs AGREEMENT made mis 1 V'4'day of k br LUAJ'-j , 199~, between Christine Heldley, (hereinafter "natural mother") and Alan W, Headley, (hereinafter .natural facbtr.) stalina u follows: WlDRlAS, lhI putles are lhI natural p&renu of lriplees. Ty, Kelly and He.tI~r Headley, dale of binh 10/11191. WlDREAS, IhIs A,reemeDt illO confirmjoi!U:ieaal custody to the pareDes of Ty, KeDy and Heatber H.adley, subject 10 the riihll of ~ority physical custody to the Molhlr, aad putlaI pbYlicaJ cualOdy 10 tbe Father. NOW 11IEurou, IhI.t day of , 199~, it is aarced u followl: .' 1, The nalUnl p&rellSl, Christine H.adley and Alan W, Headley, will sbare lep!""" of tbe minor children, Ty, Kelly and H.ather Headley, 2, Majority pbYIIc:a1 custody of !be CbildreD wUl remain with the Mother, Mother. J, The Fatber, Alan W, Heldlcy, will have riiblS of panial physical custody of ~ . cbildren u followl: J;;:"... ~ a. On allenlltc weekendt bea~O, 199~ from Friday aft.ernoous wilen Fatber sball pickup tbe cbildren from day care until Monday mol'lllq when Fatber will drop off the children at the day care. b. On I1l1l'111le holiday. in odd numbered years Motbcr .ball have the cbildml New Year'. Day, Easter and Labor Day and Father sball IIIv. tbe childnn on Memorial Day and July Fourth. In even .1- ~' .' f: ~ (") ..".. l"'-.l .If ,.' ,. ",- ~; ~." l,lj~' ,- (,;I ~, , ~'. ;f; , ~ tr \," r Of ., " r ,. ;' ',' .,' " ':"1 'j,'1 ,\i,'u ',,:~ i:\) \ \':'I,\,'~r i '\1' ~ meracd into any Divorce Decree which may be entered with respect to them. "I'M 1'loI..... (,:;',ji'!\ , \d-.~,_j"'J '. - .-,"'1 furlber alree that the Court 0 Common Please which may enter such divorce decree .... ~<,llj\~: . " ',i;, '\r~'i;:,j:-'~'f continuinl jurisdiction over the Parties and the subject matter of the Aareemcnt for dlI ,""'-"O':!::'~!iJ.i\~'I;I", ' ....~'i'!'O}d It ,';" r;)I~lll:L' of enforcemctll of any of the provision hereof, '. ..".i;mi~;~ '\r" , 'L I,..'\'" .' v,-" , "1 , .. . . 1. b-GDIl'1r.MENT NOT A. BAR TO DIVORCE PROCEEDIrWS This Aareement shall not be considered an affect or bar the rilht of Husband and Wife to an absolute divorce on lawfularooMs if such arounds now exist or shall heNaner exist or to luch Ikfew.e as may be available to either PartY, This Aarcement is not intended to COMone and shall not be deemed to be a cOMonation on the part of either Party hereto of any act or acts on the pIl1 of the other PartY which have occasioned the disputes or unhaPPY differences which have occurred prior to or which may occur subsequcntto the date hereof. The Parties intend to secure a mutual consent. No-Fault Divorce pursuant to the terms of Section 3301 (c) of the Divorce Code of 1990. 2. ii'FECT OF DIVORCE DECREE The parties alree that unless otherwise specifically provided herein, this ApeeDlClll sha11 continue in full force entered with respect to the Parties, 3. AGPEMENT TO BE INCORPORATED IN DIVORCE DECREE The puties asree that the terms of this Aareement shall be iJK;Orpora-t -- 4, pA.TE Of EXi'.CmlON The "date of execution" or "execution date" of this Alreement shall tie the date of execution by the Pany last tlxecutina this Aareement, -2- .. 8. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all lime to come, and for all purpoaes whatsoever, of and from any and all rillhts, title and interests, of claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have allainst such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower of curtesy, or claims in the nature of dower or curtesy or widow's or widower'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 IeStamcDIUY, or all other rights of a surviving spouse to participate in a deceased spouse's estate, wbctber arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, CommoDweahb or territory of the United States, or (c) any other country, or any rillhts which either Party may have or at any time hereafter have for past, present or future support or maintellllll:l, .I~ ' pendente lite, counsel fees, equitable distribution, costs or expenses, whether arisiDt II. .... ' '" 1'1 of the marital relation or otherwise. except, and any except. all rights and ...... ... , I.,!','i{, oblillation of whauocver nature arisinll or which may arise under this Ag~ or' fIDt ",';;,)::iJi)j" ' . ,_,",:;,;':;rMr, breach of any proviSion thereof. It is the intention of Husband and Wife to give.1l --"")I\i~ "'."'!,,{\ the execution of this Allreement a full, complete and Ileneral release with respect to _ ....."/,( '_ ' , I':,"J'-i property of any kind of nature, real. personal or mixed, which the other now OWIII OW "')":~i~i ,'il'll' i'..,i, 444 ;~~ , - ':~rl' ;t"? 'I "i,j hereof, i" I', ' ;-"<P;~'} hereafter acquire, cxccpt and only cxccpt all riBhts and aBrcemcnts and obllBationa or whatsOCver nature arisinB or which may arise undcr this ABrccmcnt or for the breach of any provision 9. Jl"IS111lANCE Husband shall provide health insur~ coveraBc on all thrcC minor children. 10. CJln.o Ql11JPOR'I Husband aBrees to makc paymcnts for child support to Wlfc in an amount which haS been aBreed upon by the parties. howcver the parties do not wish to make this support amount of record, H. ~COMETAX The partics wiU me individual F~l Incomc Tax returns for 1M taX year beBinnilli with 1994, Wifc shall claim :~o child in cach ycar for incOme taX pII"'*" ~~> Husband shall claim," cliildren as dcpendcnts, 12, P,RSONAL PRoPERTY Husband and Wife hereby acknowledgc that a\1 the tanlib1c persona1 pi""" situate in the marital home at S2S State Road. West Pairview. Pennsylvania, which mcludlllllall ' is not limited to jewClry. clothes. furniturc. ruBS, carpets. houschold cquipment anal .ppU- 1~. ,". ,111\ "~'(I I, _.: ,I.,', "".. ,-.. _. ."'" of ... .... _ ",_"_ ....... ............... JI. ,/ :'i"I" \'. " \',I':i\t;~IW .. ___ .... ... """",... .."'" _ ..._;on, H.......... WIlo...." : ,;tf fully this matter and cach know what the other is keepinB as their own, -,- . inl:uned by them which is not included in !be above pay-offs to Discovery Credll card and Mutercard. 16, WIFE'S DEBTS Wife reprellCnts and warrants to Husband that since the Parties' marital separation, she baa not contracted or incuned any debt or liability for which Husband or his estate miaht be responsible and Wife further represents and warrants to Husband l/tat she will not contract or Incur any debt or liability after the execution of this Agreement, for which Husband or hiI estate miaht be responsible. Wife shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by ber. ,J,,:, 17, HUSBAND'S DEBTS: ,':,1 ;':1,',;,',1;1" Husband rep-sents and warrants to WI'#e that sl'nce the Partt'es' marl'..' -~ ' ","1"'\\" :11 ",., 11 .....,......~ ""\'_.',,'!ho11!;,-:1 I ''1'TF;'~',J~ be bas not contracted or incurred any debt or liability for which Wire or bel.. ......., , ""';,I/\i( , _ _ J' _ ,,:1. '. \~_i'iA responsible and Husband further represents and warran~ to Wife that he willllOC ..........,';';.):' Ii' 'l,""j'\" , , ">,,,',:'-ifi inl:ur any debt or liability after the execution of this Agreement for which Wite or'" :"'r~,A.:(~,l:i ,; , ".",l:jl",dr;, might be responsible. Husband shall indemnify and save harmless Wire from aDy ...... .... '. \'.1\ ,Ii); ,- i".i( or demands made against her by reason of debts or obligations incurred by him. 18, FINAL EOUITABLE DIVISION OF PROPEItTY The Panies agree that the division of all property sel fonh m , :~ ,of;:. I equitable and in the event an aclion in Divorce is commenced, both Parties re11nquilll. '. ',' to divide said propeny in any rnanncr not consistent with the terms sel forth berem. "1i~~I'l!fln: " "',,"",'l;"/(b\, " "Vsh , t,t!;:! -7- the Intent, understandina and aareemenl of the Parties that this Agreement is a full, final, tomplete and equitable property dlvisiol'l, 19, WAIVER OR MODIFICATION No modification or waiver of any of the tenns hereof shall be valid unless in writlna and siancd by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 20, MUTUAL COOPERATION Each Party shall, at any time and from time to time hereafter, take any and all.. and execute, acknowledge and deliver to the odLCr Party, any and all further lnstn,...I1JIIJIOl , , . \' docUJnCnts that the other Party may reasonably require for the purposc of givinl ruu force'" II ,,:,:,'i"IX? ;.,1\1,'),'1' 1!,r1~'/)l:t effcct to the provisions of this Agreement, ' i' :.J',/i' '. ;:\':,.,:'r,:",t;i;/< 21, LAW OF PENNSYLVANIA APPLICABLE . '1\,i.H:~ . , ~ _ ,'fi:', _; ',(;- i::.\ ~(Iti~ This Agreement shall be construed in accordance with be ....':\j:~!,c1v . 11:7"\\ ,..,l( Commonwealth of Pennsylvania. ., "" 22, AGREEMENT BINDING ON HEIRS This Agreement shall be bindina and shall inure to the benefit of the and their respective heirs, executors, administrators, successors, and assigns. 23, INTEGRATION This Aarccmenl constitutes the entire understandina of the Partie. and any and all prior aarccmenlS and neaoliations between them, f!i'n~ I _ ,;! ":~ There arc no .6".,...', , "".:"iW} fU warranties other than those expressly sct forth herein. .8. r> ~ '..., A a:; \ . \' . ~ :) . . ." '0 '", o{').:2l-C - .~, /-. ,.., "1-'::: f(5~ -....... - , . ". .' '...1 "- ............ ......~ VI \;r ~ (..... \ - V'7.) .P \ . \ ")- ~' , \ \ I !' ,...I. ..... ~- ~ .., ~ = '>~ "., - -- "- ~~ (\~ D~ - - .- c-, '\~, ~ ,r "') '-r)' ~- \:..J ' " .......~__)'...r.::. ;1 i ~ a i IHJ h . .., ~ 3:: I ~ :S 511 ~ II ~ ~. .Ii ! . . Oil ., ;' ~ . ~' i1/)r ,,' ".1'1'! l\l L, ,'" H ' 1'_' r, ,A i.I"l . ... /,~, LAWVER AT ONCE. IF YOU DQ."'..d.': ONE, GO TO OR TELEPHONltII ,!,Ui VOU CAN GET LEGAL HELP. ",'.%i, , , . ,~j li,.,...p ,1:\'\,1'.;; , ',,'lilt ::;rl~}/ '.'\1'11' ";',:.;! "-'!j!'f .. CHRISTINE HEADLEV Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTV, PENNSVLVANIA NO. VS. ALAN W. HEADLEV CIVIL ACTION - LAW Defendant IN DIVORCE NOTICI Vou have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. Vou are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. Vou may lose money or property or other rights important to you, including custOdy or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselOI'S is available in Office of the Prothonotary, Cumberland County Court House, CarliSle, Pennsylvania. the IF VOU DO NOT FILE A CLAIM FOR ALIMONV, DIVISION OF PROPERTY, LAWVER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS . GRANTED, YOU MAl' LOSE THE RIGHT TO CLAIM ANV OF THEM. VOU SHOULD 'l'AJ<E THIS PAPER TO VOUR NOT HAVE A LAWVER OR CANNOT AFFORD OFFICE SET FORTH TO FIND OUT WHERE Court Administrator Cumberland County Courthouse 3 S. Hanover Street Carlisle, PA 17013 Telephone: (717) 697-0371 '''''III. WIll\' .. M80nUllI 41'1OMI" .u "'w JIM..... cta-U .l...... ... 1'11" . , 6. There are three (3) children born ot this marriage. 7. 'fhis action is not collusive. 8. There has not been any prior action tor Divorce or Annulment ot this marriage between the Parties in this or any other jurisdiction. 9. Neither Plaintiff nor Defendant are presently serving in the Armed Services of the United States of Americd or any of its allies. 10. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that th~ Court require the Parties to participate in counseling. 11, The Plaintiff avers that the grounds in which this action is based is that the marriage is irretrievably broxen in accordance with Section 3301 (c) of the Divorce code of . 1990. COUNT III CUSTODY 12. This paragraph shall incorporate paragraphs 1-11,. contain~d herein by reference hereto. 13. Plaintiff and Defendant are wife and husband, currently separated and living apart. d.,,':f " I J.; ;~i;:, ." _ -,.I:."'.\"{[... 14. Plaintiff and Defendant are the parents of thr'.",i:N~~~: "-',u,7:r,'M mi.nor children: Ty Headley, I(elly Headley, and Heather : I.:':!{I,;~ I" .;r;;h-;~ Headley, ~ll born October 11, 1991 and all currently r..ld!"@~ .'.i"':lNMf;;!" , ,.",,~ " , 'i\.:i'~~'-'~I' !'I"'''. ~ ' ': '11.~ ,."..,r, '. .;\/ I' '\J.L , ; it ~ ,', '?Jt,'l : 'I 'J~;~~. ,,-,I,'r,~:~c ' with Pl,dntiff. 20. If the parties are unable to reach an agre...n~ to cust.udi. Plaintiff requests that in the best interest of, , If,i;' the eh" dte.. . ",p.' "y O,d.' ,. ..t...d ......... ....odet':,;' ,.';:'(. . I, ',',?i .. "i:I \ ',lri1: ~ :-q~ ';.rel!1....."I','" '\"''''~~fr; 15. The resi~ence of the three minor children since the time of their birth is as follOWS: From october 11, 1991 until october of 1993 the three minor children resided at 525 state Road, West Fairview, pennsylvania with both parents. From october 1993 until August 1, 1994 the three minor children resided at 525 state Road, West Fairview, pennnylvania with mother only. From August 1, 1994 until present, the three minor children reside at 10 A Richland Avenue, Apartment T-2, Camp Hill, pennsylvania with Mother. 16. Plaintiff has not participated as a party or witness, or in another capacity in other litigation concernin4 custodY ot the children in this, or another court, 17. The Plaintiff has not information of a custody proceadlng concerning the children pending in a court of the commonwodalth. 18. The Plaintiff KnOWs of no other individual not · party to the present proceeding claiming rights of cust(l4Y of visitatlon with the children. 19. The best interest of the children would be awardin~ majority, physical custody to the Plaintiff rights of visitation to the Defendant, 'AI'l Ill, 'llIllll . "",''''L' 4",,-"'11 ". u,w 11.4.11.0 (....u DlU""-.' '4 ,"'III " ,;.. \ ~. ~. j: . ~. ,..q :;1t: ,. ..-:..~ Ill, "" ';j.. 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