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HomeMy WebLinkAbout95-02512 Iii,' I:\;:;,-,;..j 'l,'n: , ";',:jrj1t,, Hi,'f.1i'I.i11l IIi' 'it,:. L"; " " \;/ / -.,.' . l' Ii i " " , ,I !!'I t'I I, " i'l , ., " ~ " I '. 'I / '" .. " i.i , , 'i I 1 " ,ill , .'1 , 1"1 , , 't,.11 , " i , , '/ ,'I " 11,1) !l " 1/' " 'I , , .'1 I, ., i.\ \ Iii 'I) /, ,'", .1,,1 I " " I /, " L', " ~!J; I "I" _';I , 1,',1,/ r"',l (1,:/)1 ,"'.,.r: Pi"." . JIl':' 'I {I."I_ fit,':'. ':/,':(1 ~:-J f, ~r\ U 1,/ '<I I ,II 'I /' I ~ I" " " 'I " ,I; .1'1, , /' , ,/ I' Iq I ,. .' , " " '{ 'I , I ,,' /' .\ ", "~'II .,....\, ;/11,-', " Ii " j.I, , , ,I , ,I '!iI , II'l , , , d '" , I) 'j. i \ '" \' d " , , II , , I , " 'I , , . '" " 'I , I, , I '/ " 'I, I,' } ) . ll","',.- i,.,,> /' '.!I ,.-1 " \,' .,1 I. I, I " dll ,,' 10 1/ l.1, ~I'I"I' ..' .... t,', : , . 'I, " "I ,. , , , " , , 1" i,,' 1,/' , II 'j . , " , t' ,.. \) " ., '. " /'1 , I' "I " !\ I, , , , " .' '" , , " " " , " " ., I-j '.J , ., I" ," ji, i 'I "1 , ,/ " II 'J' t;, \1 " " , , ill , ,,'I I' I, " I III' " " , , " ",I , , \ 'I "'11'1 ,I " i, "I, , , iil " 1 , Iii , , , , 'I 'I, I I ! f' :? r , ';' " , ",i ,1 ,j_l , '., I I, 'I " , L I'll "i " " " I , " . I. " ., , , i,l , " '-I , I , , I. '" ',', "Ii 'I " I' " I" I, , 'hi 'I. , "/ ' d. . JI "1' , " " '" !i )1'1 , " 1,' d " Ii' , " ,I, '!ilU I,' I, 'I'll .01' , , I" " i' 1[. , , . '1 IIII!'I ,! " 1!1.I'i' , I' I " .,.. , , ,. '1'1 " , , , T". 'I' ,,' ., I'" , I " I " Ii ',, I , .q , " '1'1\ " " , ')11, , , , ,j' ,'. , ,,' I,. I ';1 ", " , , 'II 'j.t,- I';J,J, (. '~"I r,' ,J "r'; . .' 'I., " ./ " , 1,- , I' I ., 1\ . , li\ , , , " ., . ,i, ill' I,. " 'iI , , ,I' " , ., ! " j" , (.1 " , >I,' ,. '. I, I, , " '. '. .t~, '*, .:..,:. .:.~, .*. ~i "."-''' .... ~l $~ .1 * * $ .' $ * * * * $ ~ ~ . * 8 $ ~ 8 . ~ * $ * * ~ * * * . ~ * ~ . ~l t. . , .*, {4(' tt(. .:<<. .:.:. 't.:. .:.;. ... , ':.. I' ,~.;. .:.~. .*. {~, .:.:. .t.:. .*, ..' -:4C' it . ..' ... ' ."'* I. * * $ * * * * * * ~ * * * * 1', .:.:. .:tt. .~.:' ,~.:' .~<<. IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF .' COUNTY PENNA. ^NG~LA N. WEAVER, PLAINTIFF 1"1), 95-2512 C,I,Y}r.,.,. 19 \'1'1';11;" STEVEN T. WEAVER, DEFENDANT DECREE IN DIVORCE ANDNow.t,:).c..tetloc..f.'3" 1995" It Is ordered and decreed that. ,. .." AN.GEL!\. .N.. .WEAY~.R....."",.".""" plaintiff. and. . . . . , . . , . . , . .. , , . . . . . , 6.'rEVEN .'1'.. .WEAVER , . . . . . . , , . . . , " defendant, ore divorced from the bonds 01 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; T.lil,':, 1~.l\R~IM1J;:. S.ETTLl'MENTl\G~EE;HENT .OATE.O . Sl'P.TEMI3ER. 2.7.,. .19.9,5, ' I~ n~COR.PORA!ED, IN,TO T.H IS DECRE.E BY. REFE~,ENCF"., , . mE ,AG.RE~ME,NT S!,!,ALL NOT, HOWEVER, MERGE WITH THIS DECREE. n y 1'11" Xi;;; 1 oL~. Atll1Atl ~ " ",J. ~ J4(U~ 1t-~'; f J,~( I?t ~~n..~ ~#I""( r ~ L"j,,-Z'. / ''7 Prnlhullotnl'Y ..' ~ .,.~.~*.~.~..~.*,.~.~,,*,.~,~..~.,~..~,~..~..~..~,~' * * * !~ I l~ l~ s ,. l~ I~ l~ ( . !s I~ , . (,~ , '~ , ~.' , ,~ I ~~ I,', I~ , .~ , ' '* :~ ~ , r,', I~ i' fI ~ ~' !:';j' "',.. :J ",' '1', 'I. en ,.'" In a~l~ ! ~t~ Yl~m ~ IE I I' , , I, " , , " " ,.-, . " " , ' . ~~, , , ,~ . ., DIANE G. RADCLIFF AITOIlNEY.AT.J.AW IUI TRtNnl.f. IlOAn CAMP 1111.1., 'A 17.11 .. 4, settling of all matters b~tween them relating to the palt, present and fut.ure support/ alimony and/or maintenanoe of WIrl by HUSBAND or of HUSBAND by WIFEI and in goneral, the IIIlttllng of any and all olaims and possible claims by one against the other or against their respective estates. liON I TBIRlrORI, in consideration of the prlltnlltes and mutual promises I covenants and undertakings hereinafter Bet forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBANO, each intending to be legally bound herebYI covenant and agree as followSI 1. JIICORPORATIOI ~r PRlAHBLI. The recitals set forth in the Preamble of this Agreement are incorporated herein and made II part hereof as if f"lly .et forth in the body of the Agreement. 2. AGRlIMlNT lOT A BAR TO DIVORCI~JIG', This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divoroe on lawful grounds if such grounds now exist or shell hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any 2 .. -' . aot or aots on the part of the other party whioh have ooo8llioned the disputers or unhappy differenoes whilJh have ooourred or mey oocur subsequent to the date he~eof. The parties acknowledge that their marr 16ge is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (0) of the Divorce Code in WIFE'S Cumberland County divoroe aation docketed to number 95-2512 Civil Term. Upon the execution of this Agreement by both parties, they shall. execute and file all documents and papers, including affidavits of oonsent, necessary to finalize said divorce. 3. I"ICT 0' DIVORCI DICRlI. The parties agree that unless othsrwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. .. AGRlIHIKT TO 81 IKCORPORATID IK DIVORCI DICRlI, The parties agree that the terms of this Agreemont shall be incorporated into any Divorce Decree which may be entered with respect to them. .DlANE G. RADCLIfF ATTOIlNn.AT.UW .... TRINDLl aOAII CAMP 1111.1.. 'A 11'11 3' DlANr. G, RA 1)(:1.1 Ft' ATTllRN[y.AT,I.AW ...ll....NUl.... IWAn CAli' fllI.I., PA 17011 wi which lIhall be defined as the dISh of execution of thill Agr.e~ment unless otherwise specified herein. .. V.m&IITARr II"aUTIOI AltD rA1RIIIIUP AGRllHln. Each party acknowledges thllt this Agreement haB been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, HUSBAND acknowledges that he has been advised of his right to be adviBed by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to r.et.ain such counsel, and further. acknowledges that he has read or had a full and complete oppor.tunity to road this Agreement that he understands his legal rights snd obligations pertaining to the dissolution of the marriage and the collateral economic issues pertaining thereto aud he accepts said Agreement as being fair and equitable and that said acceptance is not based on any advice or representation made by WIFE'S counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to him by said counsel. 5 DIANE G. RAIK;I.JFF ATTORNU.AT-I.AW 1441 TaIN/lI.'. RllAIl CAIIIP 11I1.1., PA 17011 . >4 , ' e. PI...CIAL DIICLOIURI. The parties confirm that each has relied on the sublltantialaccuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DIlICLOSURI AIID lfAIVIlR 0' PROCIDI1ML RIGHTS. Each party understands that he or ahe hilS the right to obtain from the other party a complete inventory or list of all of the property that eithsr or both parties own at this time or owned as of the dote of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for hie or her needs and ie in his or her best interests I and that the Agreement is not the result of any fraud, duress I or undue influonce exercised by etther party upon ths other or by any 6 DIANE G. RADCLIff I ATIORNEY.AT..,AW .... nlNIlI.l RllAIl CAN' 1111.1., 'A 11011 ". Both parties other person or persons upon either party. hereby waive the following procedural rightor a. The right to obtain an inventory and appraisement of ell marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital I and equitably distribute between the parties that property which the court determines to be marital, and to set asido to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court deoide any other rights, remedies, privileges, or obligations oovered by this Agreement and/or arising out of the 7 . . 'I \ I I \ of personalty set forth on Exhibit "A" attached hereto and made a part hereof which are currently in HUSBAND'S posseslion. HUSBAND shall make said items available to WIF. for her removal within five days of the date of this Agreement. 12 . l\FTla-ACOUIILID PROPlan... Eaoh of the parties shall hereafter own and enjoy I independently of any claim or right of the other, all property / tangible or int.Angible / real/personal or mixed I acquir.ed by him or her, with or without non-marital assets, since April 14, 1995/ the date of the parties/ separation, with full power in him or her to dispose of the same as fully lu\d effectively/in all respects and for all purposes I as though he or she were unmarried and each party hereby waives, releases/ renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to t.he terms of this paragraph. 13. D1VIBIO. or VlBICLI8/CAHPla/BOAT. Wlth respect to the vehicles owned by one or both of the parties/ or the net proceeds or valued derived from any prior sale or trade in thereof I they agree as follows I 'I '\ I I , , 9 DlAN! G. llADCLlFf ATIOIlNlY.AT.LAW .... TlINPU. IOAlI CAM' 11I1.1.. '" 17011 DIANE G, RAOCLlFF ATfOIlNf.Y.A'f.I.AW 8'" TJINIlI.f. ~llAll UMf 111I.1.. PA 17011 .. (a) 1988 Buiak Regal Ihall be the lole and eKalulive property of WIrE. (b) 1989 GHC Truok, Jerry Camper and Jon Boat Ihall be the sole and exclusive property of HUSBAND. The titles or assignment of any lease agreements to laid vehioles, camper and boat 9hall be executed by the partiel, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney. if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the pbrty receiving said vehicle, camper or boat as his or her property shall take it Bubject to said lien, encumbrance I lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the partiefl hereto does specifically waive, release I renounce alld forever abandon whatever right, title and interest he or she 10 DIANE G. RAIlCUn ATTOIlNf.V.A'I'...AW .... HINIlI.r. ROAIl ':AMP 1111.1., rA "0\1 . may have in the vehicle(B), camper or boat that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 1'. IACH PARTY RITAI.. OWl PIN.IOI PLAlI. Each of the parties does opscifically waive, release, renounoe and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 40l-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan ls carried. 15. DIVISION Qr BANK ACCOUKTS/STOCK/Llrl INSURAlCI. The p6rtie~ acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank acoounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and 1 ife insurance oash value and hereafter WIFE agrees that all said bank aocounts, oertlfioates of deposit, IRA accounts I bonds, shares of stock, 11 DIANE G, ll.ADCI.lft' ATTOIINlY.AT.I.AW .441 nIN/lI.': MUAIl CAN' 111I.1, PA 11011 investment plens end life insurance cesh value in the , pOBBeuion of HUSBAND shell become the sole and separate property of HUSBAND/ and HUSBAND ISgrees that all the said bank aocounts, certificates of depoait, IRA accounta, bonds, sheree of atl)ck, inveatment plans end life insuranoe oaah value in the possesalon of WIFE shall beoome the Bole and separate property of WIFE. Each of the parties does specifically wllive, releaslJ, renounce and forever abandon whatever right, title, interest or olaim, he or she may have in any bank account, certificates of deposit, IRA aooounts, bonds, shares of stock, investment plans and life insurance cash value that ie to become the sole and separate property of the other pursuant to the terms hereof. 16. lIARITAL DiaD... The parties ecknowledge that they have previously divided the obligations and paymellts required thereof of any debts and obliqations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said perty shall indemnify, protect and save the other party harmleBs therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may 12 DIANE (l, RAllCl,U'F ATI'ORNf.Y.AT.I.AW SHI n,INnu. ttUAU CAMP 11I1.1., 'A 11011 hereafter incur it, and each agrees to pay it as the nme shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of ex,cution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in clos ing any remaining accounts which provide for joint liability. 17. WAIVIR or INHIRITAMCI. Eal.:h of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, eithar party may have in and to any inheritance of any k.ind or nature whatsoever previously or in the future received by the other party. lB. ~lrl'8 DIB~ WIFE repr.esents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for whiC"h HUSBAND or hie estate might be responsible and WIFE further represents and warrants to HUSBAND that she wi 11 not contract or incur allY debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. 13 WIFE shall , DIANE G. RAI)(:J.IH ATTORNEY..n.tAW ..... "rllINUU. aUAU CAMP 1111.1.. PA 17011 ind~mnify and s~ve HUSBAND harmless from any and all claims or demands made against him by reason of debts or obli9ationl incurred by her. 1'. BUIIAMD'I DilTS. HUSBAND repr~sents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be L'esponsibJ.e and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agrsement, for which WIFE or her estate might be responBibls. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 20. BAMKRUPTCr. The parties hereby agree that the provis.l.ons of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligat.l.ons contained herein. In the event a party fi les such bankruptcy and pursuant th~reto obtains a discharge of any obllgations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the diviBion of the parties' marital assets and all other rights determined by 14 DIANE G, RAl>Cl.Ift' ATI'OIlNf,Y.AT.\.AW 144URINIlI.J. RUM. CAN' 1111.1., PA 17011 ~ thi8 Agreement shall be subject to court determination the same a8 if this Agreement had never been entered into. 21. mOHl TAL.lI\IOI\ UTUIUII. The panies have heretofore filed joint federal and state returns. Both parties agree that in the event any defioiency in federal. I statll or local income tax is proposed/ or any a8sessment of any such tax io made againot either of them, each will indemnify and hold harmlns the other from and against any loss or liability for any suoh tax deficienoy or aSBessment therewith. Such tax/ interest, penalty or expense shall be paid oolely and entirely by the individual who ill finally determined to be the cause of the miorepreoentatlono or failures to dioolose the nature and extent of his or her oeparate income on the aforesaid joint ret.urns. 22. 'XIIL IQUXTA8LI DI8TRI8U~IOI 0' PROPIRTI. The partieo agree that the division of all property set forth in thio Agreement io equitable and in the event an action in divorce io commenced, both parties relinquioh the right to divide oaid property in any manner not consiotent with the terms Bot forth herein. It is further the intert, understanding and agreement of the parties that this Agreement io a full, final/ complete and equitable property division. 15 23. WAIVIR or ALlMOI', ALlMOI' palDalTa LITa, lPOUIAL IVPPORT. MAIITalAIICa AIID CO'TI. 'rhe partillB hereto agree and do hereby waive any right and/or olaim they may have, both now and in the futuy,'., against the other for alimony, alimony pendente lite, spousal support I maintenance, counsel fees and costs. :at. CUITODIL The parties acknowledge that they entered into a temporary custody agreement dated May 11, 1995, pertaining to the parties' minor child, a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. The parties reaffirm and ratify the terms of said agreement. 2!1 . ,UPPORT . HUSBAND shall pay WIFE the sum of $375.00 per month in child support, payable by the 15th day of each month for the month in advance. In addition to the monthly support, HUSBAND shall pay 59\ of any medical, dental and optical expenses for the child not covered by insurance. 2&. paRlOIAL RIGBTI. HUSBAND and WIFE may and shall, at all times hereafter I live separate and apart. They shall be free from any cantral, restraint, interference or authority I direct or indirect I by 16 DIANE G. RADCLIFF A'CTORNEY.AT.I,AW 1441 TliUNUU MO"I) C.M, 11I1.1.. P. 11011 DIANE G. RADCLlYf' ATToRNn.Al".I.AW .u. nlNIll.f allAIl CAM.ItIJ.l., PA 17011 the other in 411 reapeats as fully as if they were unmarried. They may reside at suoh plaoe or pla~Qs as they may Beleat. Each may, for his or her separate use or benefit, oonduct, oarry on and engage in any business, occupation I profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, h4rass, 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 maans or in any manner whatsoever with him or her. 27. MUTUAL RILIAIII. HUSBAND and WIFE each do hereby mutually remise, r"lease, quitclaim and forever dischftrge the other and the estate of such other I for all tJ.me to come I and for all purposes whatsoever, from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other I of whatever nature and wheresoever oituate, which he or she now has or at any time hsreafter may have against such other, the estate of such other or any part thoreof, whether arJ.sing out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey I or claims in the nature of dower or curtsey or 17 DIANE G. RADCLIff ATTORNf.y.,\T.uw .". nINIU." IIlAII CAMP 11I1.1.. PA 17011 widow' B or widower's r i9htB , family exemption or similar allowanoe, or under the intestate laws, or the r.ight to take against the spouse's willI or the right to treat a lifetime conveyanoe by the other as testamentarYI or all other rights of a surviving spouse to participate in a deceased spouse's estate I whether arising under the laws of (a) the Commonwaalth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights whioh either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breaoh of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respeot to any and all property of any kind or nature, real, personal or mixed I which the oth~~ now owns or may hereafter acquire, except Bnd only except all rights Bnd agreements and obligations of whatsoever 18 nature ariBing or whioh may arile under t;his Agreement or for the breach of any provisione thereof. a.. NAIVlk Ok NODIPICATl91 TO II II WRITIIG. No modification 01' waiver of any of the terms hereof shall be valid unleu in writing and signed by both partiee and no waiver of any br.eaoh hereof or default hereunder shall be deemed a waiver of any subsequ~nt default of the same or similar nature. U . IflmII'L COOP.RATlO.. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the pUrpClBe of giving full force and effect to the provisions of this Agreement 30. ~GRlIMlIT BIIDIIG 01 BIIRS. This Agr.aement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators I successor.S and assigns. 31. IITIGRATIO.. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and 19 DIANE G. RADCLIfF AlTOIlNU.AT,LAW 1m U.NPU 10AP CAMP 11I1.1., rA I1UII DIAN!!. G. RAIICl.IfF ATIOaNlV.AT.I.AW .... TlIN/lLJ ."An CAM' 1111.1., .. 17011 neQotiationl between them. There are no repr.e.entationl or warrantie. other than tho.e expressly set forth herein. 32. QTIJILDOCUHIITATIOI. WIFE and HUSBAND covenant and aqree that they will forthwith (and within at least twenty (20) days after demand ther.efor) I execute any and all written instrumentl, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be neoessary or desirable for. the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully end effectively the terms of this Agreement. 33 . 10 tfAlVlR or DlrAULT. 'L'his Agreement shall romain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of oither 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 enforcl! the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 20 DIANE G, RADCLIFF AlTOIlNU.AT.LAW .... nINDI./. aOAIl CAM, 1111.1.," 17011 36. ,RlACI. If for any nason either HUSllAND or WIFe: failB to perform hiB or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the fallowing rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would re8ult in a windfall to the other partYI (a) the right to specific performanoe of the terms of this Agreement, in which event the non-breaching party 8hell be reimbureed for all reasonable attorney's fees and coste incurred ee the reeult of ll!Iid breach and in bringing the action for specific perfor.mance. (b) the right to damages arieing out of breach of the terms of this Agreement, which damagee shall include reimburoement of all attorney's feee and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies Bet forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may 21 DIANE G, RADCLIff A1TOaNEY.AT.UW 1m TlINIII.lI'lAll CAN' 1111.'., 'A 11011 hereatter be enaoted by virtue ot the amendment ot ..id Seotion or replaoement thereot by any other similar law. I whioh remedies shall include, but not be limited tOI (1) the entry of jUdgment/ (2) the authorization of the taking and Ileizure of goods and chattels and collection ot rents and profits of roal and personal and tangible and intangible propertYI (3) the award of interest on any unpaid installment I (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement/ (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement/ (6) the issuance of attachment proceedings and the hOlding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a pedod not to exceed six (6) months/ 22 ,',I J 'l I 1'1 I: i (7) I I (IJ) I II wages. I I (d) Any I I equity. the award of Qoun.el feeD and QOlt., the attaQhment of the breaQhing party'. other remedies provided for in law or in n. IIVIlRUILUL. , I iI I i , r I If any term, condition, clause or provision of this "qr&tlment shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition I olause or provision shall be stricken from this Agreement and in all other respects this J\greement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under any ons or more of the paragraphs herein, with the exoeption of the satisfection of the conditions precedent I shall in no way avoid or alter the remaining obligations of the parties. 315. LAIt. or PlnBlLVAIIIA APPLICAIILI. This Agreement .hall be oonstrued in accordanoe with the laws of the Commonwealth of Pennsylvania. 37 . BIADIIIII .OT PART or AGUIMIIT. Any headings precedJ.ng the text of the several paragraph. and subparagraphs hereof, ore inserted solely for convenience DIANE G. RADCLIfF A'ITOIlNlV,AH,AW II" T.INIJI," IllAU <:.411I.11I1.1.. U 17011 23 DlAN! G, RADCLIff A1TORNF.Y.AT.I.AW .... TaINIlJ,r. RIlAn ('.AM' 11I1.1.. '" 11011 ~.MPORARY CUSTODY AGftIIMI.T THIS TmMPORARY CUSTODY AGRmmMmNT made this ~ day ot May, 1995, by and between AlalLA N. "IAVIR of Meohaniosburq, Psnnsylvania, (hereafter "Mother") and STlVIN T. HIAVIR of Hershey, Pennsylvania I (hereattel' "Father"), pertaining to custody of the minor ohild, GENNA N. WEAVER, born Deootmber 3, 1990 (hereaft.er "Cl.ild"). HIT H I B SIT H I HHIRIAS, the parties are husband and wife having been married on July 23, 1988 in Meohanicsburg, Pennsylvanial and HHIRIAS, there was one chJ.ld of this marriage I to witl Genna N. Weaver, age 4, born December 3, 1990 in HarriBburg, Pennsylvania I and HHIRIAS, the parties separated on April 14, 195, BinGe which time the child has been resi~~ng primarily with Mother with alternating weekends with Father, and HHIRBAS, the parties are desirous of enter.ing into an agreement for custody of the Child to govern their custodial arrangements on a temporary basis and to expand Father's periods with the Child, which Agreement shall be without prejudice to either party to seek a modification of these provisions as the best interests of the Child may warrant. 1 EXHIBIT "B" PlANE G. RADCLIFF ATroRN',V.AT.I,AW .HI TlINnU, MIlAIl (:AM'IUU.1 .A 17011 "OW, THIRlrORI, in oon&idention of the premises and mutual promisee herein set forth I the parties agree a8 tollows I I. LIOAL...wIJ.QDI (a) Tho parties hereby agree to share legal oustody of the Child. All deoisions affecting the Child's growth and development including, but not limited tOI medical and dental treatment 1 psychotherapy, psyohoanalysis, or like treatment 1 decillions r.elating to aotual or potential litigation involving tha Child, directly or as a benefioiary, other than custody litigation 1 education, both secular and religious 1 scholasti~ athletic pursuits and other eKtracurricular activities 1 shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious polioy in the Child's best interests. (b) Each party agrees to keep the other informed of the progress of the Child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal custody and the other party's right to physical custody as provided herein. Each party IIgrees to give support to the other in the role liS a par.ent IInd to take into account the concerns of the other fot' the physiclIl and emotional well- being of the Child. (c) While in the presence of the Child neither parent 2 DIANE G. RADCLIFF AlTOII,N1Y.AT.UW "41 TlINnr.r. II,I)An CAMP III~~. PA 11011 Illlall make or permit any penon to make any remarks or do ~nything whioh oOllld in any WilY be oonlltrued all derogatory or uncomplimentary to the other parent. It Bhall be the express duty of e60h parent to uphold the other parent aB one whom the Child allould respect ~nd love. (d) It ahall be the obligation of each parent to make the Child lIvailable to the other in accordanoe with the phyaical oUlltody aohedule and to enoourage the Child to participate in the plan hereby agreed and ordered. (e) Each parent Bhall have the duty to notify the other of any event or activity that oould reallonably be expected to be of Ilignifioant concern.to the other parent. (f) The pllrentll Ilhall oonununioate directly with one another concerning any parenting illllue requiring conllultatil)O and agreement lInd regarding any proposed modificationo to the physical custody schedule, which may from time to time become necBllllary, and sholl specifically not use the Child all a messenger. (g) With regard to any emergency dllciaionll which mUllt be made, the parent with whom tha Child is phYllically residing at the time IIhall be permitted to make the decillion necellsitated by the emergency wit.hout consulting the other parent in advance. However, that parent IIhall inform the other of the emergency and consult with him/her as soon 8S possible. Day- to-day decillions of a routine nature will be the 3 DIANE G. RADCLIfF ATIORNlY.AT.I.AW .... TalNnu. UlAn CAMP 1111.1.. ,. "nil responsibility of the parent having physioal oustody at the time. (h) Eaoh parent shall be entithd to oompletll information from any hospital, doctor, dentist, teaoher or authority and have copies of any reporto given to them as a parent.. Such dOQumento include, but are not limited to, mlldical reports I academic and ochool report oardo, birth certH icates, etc. Both parents may and are encouraged to attend all school conferences and activities. The Father' a name shall be lioted with any sohool the child may attend aa ~ the alternative parent to be cOlltacted in the event of an emergllncy and to be notified regarding school events. However, it will be Mother's roaponaibility to provide Father with copies of report cards end all notifications of major school e',ents. (i) Neither parent shall schedule activities or appointments for the child which would require the Child's attendanco or participation at said activity or appointment during a time when he/she is scheduled to be in the physical custody of the parent without that parents' express prior approval. (j) If the Child is of an aptitude that said child will continue in educational pursuits following graduation from high ochool, both partiss shall be actively involved in the selection of the appropriate school and the choice of the 4 DIANE G, RAllCl.IFF ATIOIlNlV.AT.UW .... UINJII.f. aOAn CAN' 1111.1" PA 11011 school ~hall be mutually agreed upon by the parties I taking into con~ideration th~ partie~' then-existing financial conditions end the Child's nseds, desires, talents and abJ.llties. II. fHlI~AL CUSTODY (a) The partios shall share physical custody of the Child. Mother shall have primary physical custody and Father shall have temporary partial physical custody at such times as the parties shall mutually agree. In the event the parties are unable to reach said mutual agreement I Father shall have tsmporary partial custody of the Child in accordance with the following schedule: (1) Alternating weekends from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. (2) Every Wednesday evening from 5:00 p.m. until 8:00 p.m. (3) Major holidays including Eester Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day shall be alternated between the parties commencing with Memorial Day 1995 with Mother. The custodial period for Bach such holiday shall be from 9:00 a.m. until 6:00 p.m. (4) Father's Day from 9:00 a.m. until 6:00 p.m. shall always be with Father. Mother's Day from 9:00 a.m. until 6:00 p.m. shall always be with Mother. (5) Christmas Eve Day from 9100 a.m. until 10:00 5 DIANE G, RADCLIFF A'ITOIlNlV.A'f,I.AW .... nINIH.r. RllAn tAMP 1111.1.. PA 17011 p.m. shall always be with Father. Christmas Day from 10rOO p.m. on Chrilltmas I!:ve Day until OrOO p.m. on Christmas Day shall always be with Mother. (b) Eaoh party shall have the right of custody of the Child for two unlnterrupted weeks of vacation time, either oonsecutive or non-consecutive, whioh can be taken throughout the year until the child ir enrolled in sohool and thereafter during the school summer vacation period. Eaoh week shall always comwence on a Friday at 6rOO p.rn, and end the following Friday at 6rOO p.m. If the selection of the week or weeks resultD in either party having custody of the child for two consecutive weekends, the parties shall switoh the regular alternating weekend of the party losing that weekend due to the scheduling of the vlIcation time for the 1I1ternating weekend of the other party either immediately preceding or sucoeeding the vacation time so that neJ,ther party has custody of the child for more than two consecutive weekends. Otherwise the regular alternating weekend schedule shall not be disturbed or interrupted by the schedUling of vacation time. As a condition of receiving said vacation time, each party shall provide the other party with at least thirty (30) days advance notice of their echeduling. If a conflict arises in the scheduling by virtue of both parties selecting the same week, the party first giving notice of his or her selection shall prevail and the other party shall be required to select 6 DIANE G. RADCI.IFF ATTOIlNlY.AT.lAW 1441 TalNIlU aOA" CAM' 1111.1,. ,. 17011 a different week. Neither party shall, however I select any week of vacation time which he or she knows is required to be taken by the other party due to matters outside the other party's control such as employment restrictions, even though that other party has not yet given the required notice. III. HjBCILLAMIOUB PROVII19M1 (a) The aforementioned holiday schedule including major. holidays I Christmas stlgments I birthdays, Mother I s Day and Father's Day shall take precedence over any other oustodial period and shall not be interrupted thereby. (b) The aforementioned two week vacation periods shall talta prscedence over any other custodial period excepting holidays and ahall not be interrupted thereby. (c) The foregoing custody schedule is deemed to be a minimum schedule of cuatody between Father and child and the parties, upon mutual agreement, may expand or alter these custodial arrangements as may be in the bast interest of the child. (d) Each party shall have reasonable telephone access with the child and the child shall be permitted free access to place or receive telephone calls to or from either parent if he desires. (e) If either parent desires to relocate and establish a residence more than 100 miles from their current residence I he or she shall give ths othsr party at least 60 days advance 7 I DIANE G. RADCLIFF ATTOIlNlY.AT.I.AW 1.\1 TRIN"~r. lOA" CAM' fUU., ,,, 17011 written notice of his or her proposed relocation, in order to give the partieD an opportunity to confer prior to Buch reloGetion and to establleh II mutually eatisfactory arrangement liS to custody and partial custody in light of such relocation. In the event the parties are unable to reach a mutually agreeable arrangement, then either party shall have the right to petition a court of competent jurisdiction to enter an appropriate custody/partilll austody order. (f) This Agreement is intended by the parties to be a temporary arrangement between the two of them and is, therefore, entered into without prejudice to either party at any time, whether now or in the future, to seek a modification of the terme hereof as may be appropriate under the circumstances. In the event said modification is sought, the terms of this AgreemenL shall not be deemed to be an admission of either party that this custodial arrangement is in the best interests of the Child and shall not be considered by any court reviewing the parties' custodial arrangements in any manner other than temporary provisions to govern the parties' arrangements until such time as the parties are afforded the right to a full and complete hearing on all issues pertaining to custody. (q) This Agreement shall remain in full force and effeot until modified in writing by mutual agreement of the parties or until an order pertaining to custody is entered by any 6 ANGELA N, WEAVER, PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95.2512 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE STEVEN T, WEAVER, DEFENDANT PRAECipe TO TRANSMIT REC-QBD To the Prothonotary: Transmit the record, together with the following Information, to the oourt for enl/y of a divorce decree: 1, Ground for dlvCJrce: Irretrtevable breakdown under Section 3301 (0) 0' the Divorce Code, 2, Date and manner of service of the complaint: CERTIFIED MAIL/RESTRICTED DELIVERY ON MAY 16, 1995, 3. Complete elther paragraph (a) or (b): (8) Date 0' execution 0' the affidavit of consent required by Section 3301 (0) 0' the Divorce Code: by the Plaintiff: 9/27/95; by the Defendant: 9/20/95 (b)(l) Date 0' execution 0' the Defendant's affidavit required by Section 3301 (d) of the Divorce Code: N/A, (2) DBte 0' service 0' the Plaintiff's affidavit upon the Defendant: N/A 4, Related claims pending: ALL ISSUES RESOLVED BY THE PARTIES' MARRIAGE SETTLEMENT AGREEMENT DATED SEPTEMBER 27, 1995, 5. Date and manner 0' servloe 0' Notice of Intention to Request Entry 0' Divorce Decree, a copy 0' whloh Is attBol,ed: N/A, . RIFF, E QUIRE die Road Camp Hili, PA 17011 (71'1) 737.0100 1.0, No, 32112 Attomey for Plaintiff !!R :':t :":f:": :.. , ~'''' '" m '. l_~ ~ , I Rl . ',' Jl . , I I , , I, I' :;l, ," 'I") -r)V) 'i.:) "'~ '';J l:f.l '~ r(\ " (~ L. '- .. " ~ ~ ri) ~ :;1 ~ -4,.. - ~'-i '" l'- '::::) , , ~ - ,,, ~ "+~ ,.", ./ ....... I.':) :~ ) j3!~ ~t:: ~I~m ! IJ " I " " , I' , , " " I, ''I , I ,~ ' , ..1 I . " . DIANE G, RADCLIff ATTOIlNlY.,\T.I,,\W 1m UINnl.l aOAIl CAM'IIIU" 'A 11QII ANGELA N, WEAVER, PHAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, peNNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE v. STEVEN T. WEAVER, DEFENDAN~ AND NOW, tY\ ~ this ~day of May, 1995, comes the Plaintiff, ANGELA N. WEAVER/ by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following i8 a statement I C:OUMor II DIVOR.CI 1. The Plaintiff, ANGE!,A N. WEAVER, is an adult individual residing at 1 Birch streett Mechanic8burg, Cumberland county, Pennsylvania. 2. The Defendant, Steven T' Weaver/ is an adult individual residing at 315 North Hauover Street, Herehl!Y, Dauphin county/ pennsylvania. 3. plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) month8 previouJ to the filing of this complaint. 4. Plaintiff end Defendant were married on July 23, 1988 at Mechanicsburg, pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 2 i' , I' 1 I' , , I, !A fE ~ ~. Ii s#>< """I... fl." "".' , .". ~_l l" J' ~4 .J I~. " I' .~I fiG J/ i<,l " -.1 " " I , 'I, 'I " I Ii I' " , I I H I I! k, ~\);', 4' ~r (\' '" ~j l\' L~- " " $ Of 1Jt: <>". ;'~J ,,~ " :/ . r ~. .. I I, j~l~ ~I~ ihl " "