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HomeMy WebLinkAbout95-02335 -~**'~'~*~*~**'~**'~'~~"~"~)'~*'~**~'~*-~ ~ ~~~.._,_~_-o__." ~" ,~, ,~,- ..--' -,~,~". ,-,."~-,..,,. ",.~, .." .,.. .._-~~~,_.,~.-...~.. ~ ~ ~ ,I ~ ~\ ~l ~I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~. STATE OF i~~~~ PENNA. ~ :i ~ JEFFREY T. ZERBE, :\11. 95-2335 \lfJ5 ~ '.' Plaintiff W ,:,. .. 0:" \' 1'1' ~lj'; ~ ..' RIIONDA ZERBE, ~ ,:,. Defendant .. " .. " DECREE IN DIVORCE ~ ~l ~l ~ ,-, 8 8 8 8 8 8 8 .. " ANDNOW...A~~""'Soi"..,~...., 191.1:, it isorderoldand JEFFREY T. ZERBE '. plaintiff. delendant, decreed that ..' , . . . . . . . . . . , . d RHONDA ZERBE an ................ .... are divorced Irom the bonds 01 matrimony, The court retains jurisdiction 01 the lollowing claims which have been raised of record in this action lor which a final order has not yet been entered; ~he .custody ~greement.and.Agreement for Distribution of Marital,Assets.dated April 30, 1995, and attached to tile COl1plaint in Divorce filed in the above 'captioned 'matter 'are'iricorporatcid'hutri6t'merged'into this'oecree'in Divorce. ~ 8 8 ~ " ~ 8 8 ~ ~ -,.- "-!.t:- ... 11,' Th': /)}~ ~ QL I. Attl,iltl: ......~, i . ' , ,. . - .I. o ~.:.. ..,... E '..44.. / ";{:..,0 /';7 "/ lyJ '...:'" ,r.?:. t~. X;t'.-y // P..-fllltlllllt." \' .. ':.;. .:.: :.:- .:.: .:+: .;.: -:t; :..::~: ,:t; -:.: :.: :.; .;t: :t; \~ I" ~ I':' 1: I':' \~ ..' ~ '" ." ~ ~ j~ " .'. ~ I~ I~ ~~ I::: \~ {',' I", (~ t,.. /~ i~ I' ~ ~ '. ~ ~ ~ ~ ~ \~ :~ ~ ~ i :!: ~: :~ :!. ~ ;c~ :~ EaSler. 'nllUlksgiving IUld Christmas Day. Mother shall have custody of the child from 9:00 11.111.103:00 p.m. 011 those days begilllling 1995 mId every olher year thereafter. Falher shall huve custody of the child from 3:00 p.m. 10 9:00 p.m. on those days beginning 1995 IUld every other year thereafter. Beginning 1996 lUId every other year thereafter Mother shall have custody of the child from 3:00 p.m. to 9:00 p.m. lUId Father shall have custody from 9:00 a.m. to 3:00 p.m. on those days. 5. Once the child begins school. the Father lUId Mother will share custody of the child during the child's school Christmas vacalion al times 10 be agreed upon by the parties. 6. The Father lUId Mother will share cuslody of the child on his birthday at times to be agreed upon by the parties. 7. TIle Father will have custody of the child on the Father's birthday from 12:00 noon WItH 7:00 p.m. if on a weekend. lUId from 6:00 p.m. 109:00 p.m. if on a weekday. 8. The Father will have custody of the child on Father's Day from 12:00 noon Wltil 7:00 p.m., lUId the Mother will have custody of the child on Mother's Day from 12:00 noon Wllil 7:00 p.m. 9. The Father will have custody of the child over the three-day Labor Day weekend from 6:00 p.m. on Friday luttil 6:00 p.m. on Monday Wllil the child is eight (8) years old~ upon Ihe child reaching eight. lhe visillltion shall extL'I1d 10 10:00 p.m. 10. The Mother will have custody of Ihe child over the three-day Memorial Day weekend from 6:00 p.m. on Friday wItH 6:00 p.m. on Monday Wllil the child is eighl (8) 2 of 4 ycurs old~ uJlon thc child rcnching cight. thc visilUtion shull cxtl,ld to 10:00 p.m. II. l11c Fnthcr lUld Mothcr. by l11utuul ugrccmcnt. muy vary from this schcdulc at IUlY timc. but such vurilUlcc shallnol opcrntc to invalidutc lUlY or all provisions of this Agrccmcnt. IUld W1Y Ordcr of Coun shall rcmuin in cffcct pl'llding furthcr Ordcr of thc Co un. 12. TIIC Futhcr wId Mothcr will notify cach othcr of ullmcdical carc thc child rcceivcs while \11 thnt parent's carc. Each parent will notify the othcr immcdiutcly of mcdical emcrgencics which arisc whilc thc child is in thut purent's curc. 13. Thc Mothcr shall curry thc child on her mcdical insurlUlcc as long as she is employed. lUld Mother lUld Father agree thatthcy will shure cquully lUlY major medical expenses not covered by the Mothcr's iosurlUlce. TIlis shall not include the normul medicul visit deductible expense. 14. The Mother shull c1uim the child us u dependent for purposes of fcderallUld stnte income tux rctums. 15. TIlc punies realize that thcir child's wcll being is paramount to lUlY diffcrcnces they might have. TIlerefore. they ugrcc thnt ncither puny shnll uct in such u way us to estrlUlgc the child from the othcr pnrent. or injure the opinion of the child as to the other pnrcnt. or humper thc free IUld nuturnl devclopment of the child's love or respect for the other Pllfl'll. J of.j II; ulegul description of which is uttuched hereto us ExhibitIA"; b) One Ford RWlger XL T truck, Vehicle IdClltificlllion Number IFTCRI5N6PPA87389. PCllnsylvwliu LicCllse Number WR 14589; c) An interest in one leased VolkswagCII Jella automobile, Vehicle IdClltification Number 3VWRC81 H55M032232. PCllnsylvWlia LicCllse Number A VS 3088; d) TIle personul property loeuted within the residence at 64 Pine Ridge Circle. Enolu. CumberhUld COlU1\Y. PennsylvWliu 17025. 2. 111e following is an uccurate list of the muritul debts incurred by HusbWld Wld Wife during the murriuge: a) An installmCllt IOWl with 111; b) All instulhllC11t 10Wl with Members First, AccOlUlI Number 139689.02; c) A mortguge with Integra. AccolUlt Number 0100789. for the premises locatcd lit 64 Pine Ridge Circle. Enola. Cumberhmd COlU1\y. Pennsylvania 17025 3. HusblUld lUld Wife hereby ugree to sell the property IUld residence locuted at 64 Pine Ridge Circle. Enolu. CumberllUlll COlUllY. PellnsylvlUliu 17025 lUld 10 distribute the proceeds us follows: u) I'uy Ihe full buhUlce of the Integnl Mortguge. ACCOlU1\ Number 0100789; b) Puy the full buhUlce of the 1'11' instulhllL'1\ IOlUl; lUlll c) (luy the full huhUlce of the Members First InslUlll1lellt LllIU1. AccolUll Number 139689.02. d) In the event that proceeds from the sale of the residence remain following satisfaction of the debts listed above. Husblmd and Wife shall equally divide the remainder. e) In the e~entthat proceeds from the sale of the residence are insufficient to satisfy all debts listed above. such debts shall be satisfied in order as listed and any balance remaining on any loan shall be the joint responsibility of HusbWld and Wife to be divided equally. 4. Husband shall retain sole ownership and possession of the Fort Ranger XL T truck. Vehicle Identification I FTCRI5N6PPA87389. Pennsylvania License Number WR 14589. 5. Wife shall retain the lease and possession of the Volkswagen leUa automobile. Vehicle Identification Number 3VWRCllI H55M032232. pennsylvania License Number A VS 3088. 6. Wife WId Husband shall equally divide the personal property located within the residence at 64 Pine Ridge Circle. Enola, Cumberland COlUlly. Pennsylvania 17025 as the parties may agree. 3 of 4 HHUH~lIIL I \'I:"OV,\'I.\t-O!'I;,"":I." '!lll 111....11111\.11 \\\ 'I ,I,\',",,\:I~UI'lJl.\' ~:'I'''I\'I\: :.,.,\.ll)I.I:1\1 I ~ ~ .. ~ ~ ce 1- . t'l ~ " ~ I': !i . ;; ;r, ~~ '{ i t"' ~ > ~ t'1 > " i ~ >-: " ~ . ~ P;- z ; . ~ ; ~ "' 1. ~ . ~ .. ~ - S' ~ .... " 1- - i .. ~ r .. ~ '" . C . - .. ~ ~ ... . ~ ., t'1 . " ~ f . " " ~ -. .' . . . .. 0t~ WIIEHEAS. Ihe parties herehy direc\ Iheir Counsel 10 suhmil Ihis Slipulalioll h, Ihe Court and usk Ihullhe Court enter u Cuslody Order udoplinglhe lenllS hereof. NOW, TIIEHEFOHE, in consideralion of Ihe mUluul covenunls. prumises und ugreemenls us hcreinuller sel forth und inlending III he lellally hound herehy, Ihe parties s\ipulule und ugree us follows: 1. 1,1:2111 Custody. I'luinlilr und Delcndunl shull share legal euslody of Ihe minor Child Jacob Zuehary Zerbe hom July 14, 1990. Euch parenl shull huvc un equul righi, 10 be exereised joinlly und in consullulion wilh Ihe olher purenl, 10 muke ull mujur non-emergency decisions u!recling Ihe Child's general well-being including. bul nol Iimiled to, ull decisions ullcctinglhe Child's beullh, educu\ion, and religion. In uddilion. Ihe purties ugree Ihul any decisions 10 change Ihe Child's currenl huir slyle or 10 have Ihe Child's cars pierced, will be made joinlly belween Ihe parties. !'ursuunllo Ihe lenns of l'u.C.S. ~5309, euch parenl shall be enlilled 10 ull records, including, bulnol limited 10. school und medieul records und infonnalion, Ihe residence uddress of Ihe Child, und Ihe residence uddress of Ihe olher paren\. To Ihe exlenlone purenl IIlIS possession of uny such records or inlunnulion, Ihul parenl shull he required 10 shure Ihe sume. or copies Ihereof. with Ihe other parenl within such reusonuble lime us 10 make Ihe reports and infomlation of reusonuhle use to Ihe olher parent. 2. I'hvs\clll CustodY. !'Iainlill' und Defendunl shall shure physicul cuslody of Ihc Child. l'luintilr und Delcndunt will detennine Ihe cuslody exchunge lime per agreemcnt of Ihe purties. !'luintilr und l1c\cndunl ugree Ihul Ihe Child will conlinue 10 ultend school in Fulher's school dislrict. 2 3. JlolidllVR. I'luinlitr and Defendanl shall shure holidays per agreemenlof lhe parties. 4. Out of town IIddrfRs/phonc numhfr. In lhe evenl eilher party will be oul of lown for a period of 411 hours or more wilh lhe Child. lhe cuslodial parenl will provide the non-cuslodial parent wilh an address and lelephone number where they can be located. 5. Tdfphonf fontlld. Each parent shull be enlitled to reasonuble telephone contuct with the Child when in the custody oflhe cuslodial puren\. 6. No fonnlet lonf. Bolh parties shull eslablish a no-connict zone for lhe Child and refrain from making derogatory commenls about the olher parent in the presence of the Child und to the extent possible shall prevent third parties from making such comments in the presence ofthe Child. 7. Alfoholldrul!. IIbusc. Neither parent shull possess or use illicit drugs or abuse alcohol in the presence of the Child, and to the extent possihle, shall prevent third parties from doing lhe samc whilc in the presence of the Child. II. Contlld Informlltlon. The parties shall keep each other inthmled oftheir respective current addresses and telephone numbers. Each of the parties has carefully read lllld fully considered this Stipulation and all of the statemenls. lenns. conditions. and provisions thereof prior to signing below. The parties agree llml Ihis Slipulnlion will he made inlo un Order of Court which may be modi lied by mutllal writlen agreement. In the ahsenee of a mutllnl writlen agreement. the 3 00 JEFFREY T. ZERBE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY , PENNSYLVANIA v. :CIVIL ACTION - LAW :IN CUSTODY RHONDA ZERBE, Defendant :NO. 95-2335 STIPULATION OF CUSTODY THIS IS A STIPULATION entered into the day and year hereinafter set forth below, by and between JEFFREY T. ZERBE (hereinafter referred to as "Plaintiff") and RHONDA JANSEN, formerly known as Rhonda Zerbe (hereinafter referred to as "Defendant"). WHEREAS, the parties are the parents of one (I) minor child, namely Jacob Zachary Zerbe, born July 14, 1990 (hereinafter referred to as the "Child"); WHEREAS, the parties are presently divorced, living separate and apart and wish to modify their custody agreement by an agreed upon Court Ordered arrangement relative to the physical and legal custody of their Child; WHEREAS, the Plaintiff and Defendant, after careful consideration and the opportunity for the advice and assistance of couJlSel, have reached an agreement to provide for the custody of this Child without the need to litigate the matter before this Honorable Court and asks the Court to adopt this stipulation as its Order; WHEREAS, it is the belief of the Plaintiff and Defendant that the agreement reached herein provides for the best interest of this Child; ~~ WHEREAS, the parties hereby direct their Counsel to submit this Stipulation to the Court and ask that the Court enter a Custody Order adopting the terms hereof. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound hereby, the parties stipulate and agree as follows: I. Lesral Custodv. Plaintiff and Defendant shall share legal custody of the minor Child Jacob Zachary Zerbe born July 14, 1990. Each parent shall have an equal right, to be exercised jointly and in consultation with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions affecting the Child's health, education, and religion. In addition, the parties agree that any decisions to change the Child's current hair style or to have the Child's ears pierced, will be made jointly between the parties. Pursuant to the terms of Pa.C.S. ~5309, each parent shall be entitled to all rec)ords, including, but not limited to, school and medical records and information, the residence address of the Child, and the residence address of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the reports and information of reasonable use to the other parent. 2. PhvsicaI Custodv. Plaintiff and Defendant shall share physical custody of the Child. Plaintiff and Defendant will determine the custody exchange time per agreement of the parties. Plaintiff and Defendant agree that the Child will continue to attend school in Father's school district. 2 3. Holidavs. Plaintiff and Defendant shall share holidays per agreement of the parties. 4. Out of town addresS/phone number. In th,~ event either party will be out of town for a period of 48 hours or more with the Child, the custodial parent will provide the non-custodial parent with an address and telephone number where they can be located. 5. Telephone contact. Each parent shall be entitled to reasonable telephone contact with the Child when in the custody of the custodial parent. 6. No conOict zone. Both parties shall establish a no-conflict zone for the Child and refrain from making derogatory comments about the other parent in the presence of the Child and to the extent possible shall prevent third parties from making such comments in the presence of the Child. 7. Alcohol/droll abuse. Neither parent shall possess or use illicit drugs or abuse alcohol in the presence of the Child, and to the extent possible, shall prevent third parties from doing the same while in the presence of the Child. 8. Contact information. The parties shall keep each other informed of their respective current addresses and telephone numbers. Each of the parties has carefully read and fully considered this Stipulation and all of the statements, terms, conditions, and provisions thereof prior to signing below. The parties agree that this Stipulation will be made into an Order of Court which may be modified by mutual written agreement. In the absence of a mutual written agreement, the 3 terms of the Order shall control pending further Order of Court. IN WITNESS WHEREFORE, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year set forth b WITNESS: ::)~':J \-1,,~ S'B '0"'0 Date 1'/"g'Ds.: Date ~JjJr~/}Q~ Rhonda Jansen, formerly known as Rhonda Zerbe Defendant COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF On this, the $ day Of~U':::.I-, 2005, before me, the undersigned officer, personally appeared Jeffrey T. Zerbe, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunt0 set my hand and official seal. \ (SEAL) Notarial Seal DeIJra K. landis, NolaIy PubIlc MktIe Paxton T.."., Dauphin County My CommissIon Expires Dec. 30, 2006 Member. Petms~a Ass<da!Ion 01_ 4 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF fJf~) : SS: On this, the / if! day Of~, 2005, beforl~ me, the undersigned officer, personally appeared Rhonda Jansen, formerly known as Rhonda Zerbe, known to me (or satisfactorily proven) to be the person whose name is subsclibed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, j have hereunto set my band and official seal. ~~~ ~~~ . I Notary Public . (SEAL) ~ NOTARIAL SEAl GERAlDINE J. SCRBACIC, Nola1y JIubIIc City at Harrisburg, Daup/lln County My Commission expires Nov. 20, 2006 5 1-0 = <:':.'~) c.n (f) r"I'l ~.J I C' -.., -' -~.... .s- ~ ,-1 'X...,.; n1::-:: -~,;--.r.:l ~'l(/ ~',A~i< S:,-~<-) ~"~')i n '::::~I ..a ~(~ -<. JEFFREY T. ZERBE, Plaintiff ~ECE\VED SEP 08100s ty :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :CUSTODY RHONDA ZERBE, Defendant :NO.95-2335 ORDER AND NOW, this 3/L day of ~ ~ r \ . , 2005, after careful review of the Stipulation of Custody entered into by the parties and attached hereto, and in accordance with the parties' request that said Stipulation of Custody be entered as an Order of Court, it is hereby ORDERED that the parties shall share legal and physical custody oftheir minor child pursuant to the terms of said Stipulation of Custody. ~ 7,:: ,") \' 'u :""' z\ (\1",':\7 .,;.V'J'-' '\l~('0 1!\ .Jv ---- -