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THE COURT OF COMMON
OF CUMBERLAND
~.
STATE OF 1~~~
COUNTY
PENNA.
CHARLES SIMMONS
i'\o"
3~,5.~" ....,... II) 95
\'I'I'.''1b
CRYSTAL SIMMONS
DECREE IN
DIVORCE
AND NOW'~IU\J.')t ~D.tf... .]....'...'.'. 19,/.'7., it is ordered and
decreed that, .... .. ..c;l!"~I,I';~ .~V!l'!Q~~. , . , . , ., , .. .. ,..... ..... ., plaintiff.
and. . , .. ., .. .. CRYSTAL. SIMMONS. ... ' .. .,. , .. ., .... , ..... , ... ", 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 0 final order has not yet
been entered;
, , . ~9~!',. , r!l!'. ~!tlrAL, Sl'Tl'LI'MI'NT, AGREEMENT. Pi\TEP, .nus, ,7". .199.7." 15, . , . , . . . . .
",IN~O~O!tArEp.HER"IN" BUT, NpT,!'!ERGEP"",..,.... '.. '.....,...." ,..."...
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'l'HIS AGREEMEN'l', Illilllc t.hi~ 'I!)
, 1097, by
CI\OlfICE\WPWIN\WPDDC5\DOHE51IC\H5A\~IHHON5.~'^
Juno 23, 1997
MAUI'I'AL SJo:'lvl'L1'~MJo:N'I' AGUJo:I'~Mr':N'I'
day of \1." I.. f
.1 O'
between CIIAIlLES G. SIMMONS of Cumbcrland Count.y,
Pcnnsylvania,
and
(hereinafter "HUSBAND") and CUYSTAL L. SIMMONS of York County,
Pennsylvania, (hereinafter "WIFI~");
WIT N E SSE ']' H:
WHEREAS, the pm'lies hercto were married on April 29, 1089 at New
Cumberland, Cumbel'land County, Pennsylvania; and
WHEREAS, one children was born of this mal'l'iage, namely AMANDA
NICOLE SIMMONS born on April 7. 1988; and
WHEREAS, diverse unhappy diITerences, disput.es and difficulties have arisen
between the said parties and it is therefol'e theil' intent.ion to live separate and apart
for the rest of their lives and to scule fully and finally thcir financial and property
rights and obligations between each other.
Page 10f9
C,\O'fICE\WPWIN\WPDOCS\DOMESIIC\NSA\'IHHONS,H'^
J.... Z3. 1997
NOW. THEREFOHE, the parties hereto, intmllling \.0 he legally hOllnd hl!l'ehy,
agree as follows:
1. ADVICE OF COUNSI';J.
Both parties acknowledge that they have been afforded the opportunity
Shekletski, Esquire.
to consult with an attorney of theil' dlllil:e Pl'iur tu signing t.his Agl'lll!n\l!nt.. HUSBAND
is represented by Debra A. Denison, I~squire. WIFE ill represent.ed by Gerald J.
The parties further declare that. each is executing the Agreement freely
and voluntarily having either obtained sufficient knowledge and disclosure of their
respective legal rights and obligations or, if cOllnsel has not been consulted, expressly
waiving the right to obtain such knowledge. The parties each acknowledge that, this
Agreement is fair and equitable and is not the result of any fmud, coercion, duress,
undue influence or collusion.
2. sunSEQUEN'l'DIVORCI';
An action seeking the dissolu tion of the marriage is pending in the
Cumberland County Court of Commun Pleas and bears docket numher !>5-385G CIVIL.
The parties hereby agree to execute Affidavitl; of Consent for divorce and Waivers of
Notice of Intention to Request Ent.l'y of a Divorce Decree concurrently with the
Page 2 of!l
'.
C.\OfIICE\WPWIN\WPDOCS\DOHESIIC\HSA\f1HHONs.n'A
J""" 23, 1997
execution of this Agreement. 'I'hi:; Agreement i:; to 1m incorlllll'ated, hut not mCl'ged
with the divorce dec1'ee.
3. SEPARATION AND NONIN'rlml?rmgNCI':
It will be lawful for each party at all times hereafter to live separate and
apart from the other lHU.ty at :;\I(:h Illael! 01' Illae!!:; a:; Ill! 01' :;hc may from time to time
choose or deem fit,
Each party shall be free from interference, authority and control, direct
or indirect, by the other, as fully as if he or she were single and unmarried. Neither
shall bother the other 01' compel 01' endeavor to compel the other to cohabit 01' dwell
with him or her.
4. EI~FECTIVE DA'I'g
This Agreement shall be effective on the date above thst written if both
parties sign on the same date; otherwise. it shall become efflJctive upon the signing by
the last party to do so,
5. WARHAN'I'Y OF D1scLOsurm
The parties acknowledge that they arc aware of their respective rights
pursuant to the Pennsylvania Divorce Code to ohtain full disclosure of all marital and
non-marital assets as defined by t.he l'muu;ylvania Divorce Code and confirm that all
Page 3 org
CI\OlfICE\~P~IN\~PD~CS\DOHESIIC\HSA\~IHHONS.HS^
J.... 25, 1997 '
disclosure of all mariLal asseLs anll lIebLs occurred prior Lo Lhe execuLion of this
agreement.
G. DEB'I'S AND OBLlGN"IONS
Each of the parties hereLo covenants and ab'l'ees LhaL he 01' she has not in
the past and willnoL aL any Linw in t.he fut.ure incur or conl.rad any debL. charge 01'
liability for which their legal represenLaLives 01' oLher property 01' estate may become
liable. Each of them furLher covenants aL all Limes Lo keep Lhe oLher free, harmless
and indemnified of and from all debts. charges and liabiliLies hereafLer or hereLofore
contracted by them except as hereinafter provided.
Notwithstanding Lhe above, HUSI3AND agrees to assume all
responsibility for debt held on Lhe FirsL Card. AccounL Number 5286009053699257.
HUSBAND agrees to hold WIFE harmless and to indemnify WIFE for such debt.
7. PROPERTY
It is understood and agreed LhaL the mariLal estaLe includes a 1992
Redman Mobile I-lome, 'l'he mobile hOllle has been placed for sale. HUSI3AND agrees
that he will be solely responsible Lo preserve and mainLain Lhe properLy. BOUl parties
agree Lo sign any documents required by Lhe lender La waive an obligaLion Lo make
monthly payments if such opLion is available.
Page <I of9
CI'OffICE'WPWIN'WPDOCS'DOHESIIC'HSA'SI~ONS.HSA
Jl..I1O 25, 1997 '
HUSUAND uhall bo uololy rosponuiblo for all loan paymonto, maintonance and
ropair, insuranco paymonts, taxes, claimo, demand" or other expenoos rolatine to oaid
mobilo homo whethor incurred oubsequent 01' prior to the dato 01' this acroomont.
Further, HUSBAND hcreby ab'fcCS to indclUnify and hold WIFE hal'mless
for any and all payments due on the loan after the sale, WIFE waives any entitlement
to any proceeds of the sale.
8. l'ERSONAL PROPERTY
The parties acknowledge that they have heretofore effected an equitable
division of all their personal property and it is understood and agl'eed that each party
shall retain as his or her sole and separate property, free and clear of any claim of the
other, all those items of personality which each now has in his 01' her possession and
control respectively without the necessity of any documents or further assurance except
as otherwise provided herein,
9. ATTORNEY FEES. COURT COSTS
Each party shall be responsible for any attorney fees and costs that he or
she incurs, and both do hereby waive any and all rights to recover such expenses from
the other party.
10.
. ,
The parties acknowledge that neither of them are the owners of a pension.
retirement plan, IRA or other employee benefit which would be considered marital
property.
Page5of9
~
CI\OffIC[\~P~IN\~PDOC5\DOH[51IC\H5A\~HHONS.~~^
Juna 25, 1997
11. ALIMONY. ALIMONY PI':Nm;N'I'I': 1.1'1'10:. AND SPOllSAL SUPPORT
WIl~E and HUS13AND do hCl'cby waivc, rCICllijC, diijchargc and brivc up
any rights which cithcr may havc against thc othel' to reccivc alimony, alimony
pcndcntc litc 01' spousal support.
12. MU'I'UAL ImU:MHo:
WIFE and HUSBAND do hcrcby rclCilijc cach othcr Crom any othcr claims
with rcspcct to thc marital and non-marital asscts oC thc partics. Additionally, cach
party hcrcby rclcascs any intcrcst that hc 01' ijhc may havc in thc cstatc oC thc othcr.
13. MU'I'UAL COOPlmNI'ION
WIFE and HUS13Al'lD shall mutually coopcratc with cach othcr in order
to CarlY through thc terms oCthis Agrccmcnt, including but not limitcd to, the signing
of documcnts,
1'1. BREACH OF AGRI~I~MEN'I'
WIFE and HUSBAND hcrcby agrcc that if cithcr party brcachcs any of
thc tcrms of this Agrccmcnt and a claim 01' Curthcr lcgal action is rcquired, thc,
brcaching party shallrcimbursc thc othcr alllcgal fccs and costs incul'l'cd as a rcsult
of said brcach 01' claim.
Page G of9
~ -'" .-
C: \01 F I CE WP~IHWI'OOCS\DOf(ES' I C\HSA\," IHI1DNS ,HSA
J..,. l~, 1'197 '
15. AGHI~EMEN'I' IJlNDlNG ON IIJo:IHS
This Agrccmcnt constitutcs thc final agrccmcnt of the Plll'tics IInd is
binding upon thcil' hcirs, assigns and successors in interest.
16. vom CLAlISI';S
If ;lny term, condit.ion, dam;(! Ill' )lI'ovisiun uf t.his A~I'l!cll1cnt. shall he
dctermincd 01' declarcd to be void lll' invalid in law 01' ot.herwise, t.hen only that term,
condition, clausc 01' provision shall be strickcn from this Agl'ccmcnt, and in all othel'
rcspects this Agrccmcnt shall be valid and continuc in full forcc, effect and opcration.
17. APPLICABLE LAW
TIns Agrccmcnt shall hc construed under the laws of (,he Commonwcalth
of Pcnnsylvania.
lB. JO;NTTRE AGREI~MI~N'I'
This Ab'l'ccmcnt contains thc cntire undcrstanding of thc partics, and
thcre arc no rcprcscntations, wal'l'antics, covcnants 01' undcrtakings othcr than those
cxprcssly sct fOl'th hcrcin,
Pagc 70f9
'C,\OPfICE\",WIN\WPDOCS\DOHESIIC\N'A\SIHMONS.M'A
Juno Z5, 1997 '
IN WITNESS WIlEIU:O..., the partieti hereto have tiet their handti and
seals of the day fil'St above wl'itten.
'l'his Agreement is executed in duplicate, and in counterparts. Wll.'g and
HUSBAND acknowledge the receipt of a duly executed copy hereof,
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. Witness
{to' .....(/~ ,JY/j,'.;r~.~~
CHAHLES G, SIMMONS
C-tOfCL(/ :I d h1171f/J~
CltYS'l(AL L, SIMMONS
COMM:ONWEALTH OF PENNSYLVANIA
COUNTYOF CVtTlJ)(..(LO./~cC.
On the I (~I-~ day of' (Lll 1!)97. before me. a Notary Public in and for
the Commonwealth of Pe sylva a, the undersigncd officer, personally appeared
CHARLES G. SIMMONS known to me (01' satisfactorily provcn) to be one of the
parties executing the foregoin~ instrul11cmt. and hc acknowledges the foregoing
instrument to be his free act and deed.
:88.
IN WITNESS WHEHEO.... I have hereunto set my hand and notarial seal the
d., ""'" fi~tab", w","'m. ~, ,. Ii
!;, , . '/'71.A'.J. ]71ll)!lJrh-
No ary Public
My Commission Expires:
rWTi..1;ArsTIl
RHONDA L. WOOOS. ~lolarf Public
C;unp Bill 6-JfQ, Cumberland County
Mv Corrunis.~ic,n E~nircs ~-r.pt 1.1997
Mcm:,.(t. tll,.:~..""1",~'. ~""'Jt:nn 01 NUl.1rll:S
Page 8 of!)
,
~:\OfSICE\WPWIN\WPDDCS\DOMESTIC\HS^\~IHMONS,HS^
~""" 25, 1997 '
COMMONWEALTH OF PENNSYLVANIA
(I' I' I
COUNTY OF LL< '" 'Ji'. ,,r l{{'_
:S8,
" II
On the ,)q day of ','" I. { , 1!l!)7, uefore IIlC, a Notary Public in and
for the Commonwealth ofPenn:sylvan~a, the undcl':signed officer, pcr:sonally appcared
CRYSTAL L. SIMMONS known to lIle (01' satisfactorily proven) to be one of the
parties executing the foregoing in:st.rument, and :she acknowledge:s the foregoing
instrument to be her free act and deed,
IN WITNESS WHElU';OF, 1 have hereunt.o :slll. lilY hand and notarial :seal the
day and yem' first auove written,
.
'/./ _Ri.'
Niltal' Puulic {I
My COlllllli:s:sion Expire:s:
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NOli t.:il:P~'jH:l.t!lil UtI!u. G.,nuj(,ll<1nd Co.
r.1yCOlllllh~,~i(;n (Xlljlll~ M.m.:11 '1.1. ~r.fJ1
Page 9 of9
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I C,IOFFICEIWPWINIWPOOCSIOOMElI>TICISIMI.\ONS TRN
_ Augu'IIS.11I97 ..
CHARLES SIMMONS,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v, NO, 95-3856
CRYSTAL SIMMONS, CIVIL ACTION - LAW
Respondent IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of an
appropriate divorce decree:
1. Ground for divorce: Irretrievable breakdown under ~ 3301 (c) of the Divorce Code.
2. Date and manner of service of complaint: The Complaint was flied on July 19,
1995, and was service was accepted for Defendant by Gerald J. Shekletskl, Esquire, on July
25,1995.
3. (Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by !l 3301 ecl of the
Divorce Code: by Plaintiff August 7,1997; by Defendant August 7,1997.
(b)(l) Date ef e)leElutieA af ttle affidavit required by S 22Q1 (d) ef ttle Oi'/erEla
Cede: :
(2) nata sf filiAg aAd serviEle ef the PlaiAtiff's aflidavit IIpeA the
roopoAdSnt: ,
4. Related claims pending: There are no economic claims pending as the
distribution of all personal and real property has been settled by agreement of the parties.
5, (Complete either (a) or (b).)
(a) ~~af;1~ ~aAner ef &erviEle af the AoliEle ef iAtentiaA te file pFaeGipe te
transmit resanl, a ElOPY af whiotl is allastled: .
(b) Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary: August 18,1997.
Date Defendant's Waiver of Notice in ~ 3301 (c) Divorce was filed with the
Prothonotary: August 18,1997.
Respectfully Submitted,
REAGER ADLER,PC
Date: August 18, 1997
By:
RE
, 66378
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plaintiff
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PATRICK F. LAUER. JR
AlIorney .t L...,
211;. Markel ~lrcel
i\ltt~ lIuildi.,C
Camp lIiII. r,\ IWlt
(717t 16.\.IHltU
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CHARLES SIMMONS,
Plaintiff
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 9':1- 3nl. ~ 'G-
.
.
.
.
.
.
.
.
vs.
CRYSTAL SIMMONS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE
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 for any claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you.
When the grounds for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling.
A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse,
Carlisle, Pennsylvania
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM Al~Y 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 BBLP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
CHARLES SIMMONS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. q). _-1 i')(' c.~';'l T:.e...-
vs.
CRYSTAL SIMMONS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDBR SBCTIONS 3301(c) or 3301(d)
OF THE DIVORCE CODE
AND NOW comes the Plaintiff, Charles Simmons, through his
attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the
following Complaint in Divorce:
1. The Plaintiff, Charles Simmons, is an adult individual
who currently resides at l47 North 21st Street, Camp Hill,
Cumberland County, Pennsylvania l701l.
2. The Defendant, Crystal Simmons, is an adult individual
who currently resides at Box 43, Meadowbrook Court, New
Cumberland, York County, Pennsylvania 17070.
3. The Defendant and the Plaintiff have beer. bona fide
residents of the Commonwealth of Pennsylvania for at least six
months immediately prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on April
29, 1989, in New Cumberland, Pennsylvania.
5. The Defendant's counsel has informed the Petitioner
informally that there is no objection to a filing of this action
within the jurisdiction of this Honorable Court.
"
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fi,;-l':.,
COUNT I - DIVORCB
6. Paragraphs One through Five are incorporated herein by
reference as if set forth specifically below.
7. The marriage is irretrievably broken. In the
alternative, the Plaintiff alleges that on May l7, 1995 the
parties separated; and that, on March l7, 1997, the parties will
have been living separate and apart for a period in excess of two
years.
8. There have been no prior actions of divorce or for
annulment between the parties.
9. The Plaintiff has been advised that counseling is
available and that the Plaintiff may have the right to request
that the court require the parties to participate in counseling.
lO. This action is not collusive.
WHEREFORE, the Plaintiff respectfully requests this
Honorable Court to grant the Plaintiff relief from the bonds of
matrimony and order a Decree in Divorce.
COUNT II - CUSTODY
ll. Paragraphs One through Ten are incorporated herein by
reference as if set forth specifically below.
l2. There is one dependent child to the marriage of the
parties, Amanda Nicole Simmons (April 7, 1988).
13. The Plaintiff seeks primary physical custody of the
child set forth in Paragraph Twelve.
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14. The minor child set forth in Paragraph Twelve is in the
custody of her father, the Plaintiff.
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15.
The mother of the child is the Defendant, currently
residing at the above-referenced address, Paragraph Two.
16. The father of the child is the Plaintiff, currently
residing at the above-referenced address, Paragraph One.
l7. During the past five years, the child set forth in
Paragraph Twelve above has resided at the fOllowing addresses
with the fOllowing persons:
May 17, 1995 -
Present
147 North 21st Street
Camp Hill PA 17011
Cumberland County
Box 43
Meadowbrook Trailer Ct.
New Cumberland PA 17070
York County
Father, Maternal
grandfather,
Maternal grandmother
Mother, Father,
Wade Matthew
Stoneroad
July 7, 1990 -
May 17, 1995
18. The Plaintiff resides with the following persons I the
minor child, his parents.
19. The Defendant resides with the following persons: Wade
Matthew Stoneroad, her parents.
20. The Plaintiff has not participated as a party or
Witness, or in any other capacity, in other litigation concerning
the custody of the child in this or any other Court.
2l. The Plaintiff has no information of a custody
proceeding concerning the child pending in a Court in this
Commonwealth. The Plaintiff does not know of a person not a
party to the proceedings who has physical custody of the child or
claims to have custody or visitation rights with respect to the
child.
22. The best interests and welfare of the minor child will
be served by granting the relief request because:
a. The Plaintiff can provide the child with a home
with adequate moral, emotional, and physical
surroundings as required to meet the child's
needs 1
b. The Plaintiff is willing to continue custody of
the child.
c. The Plaintiff continues to exercise parental
duties and enjoys the love and affection of the
child.
d. The minor child has expressed a desire to
remain with the Plaintiff and should not be
prevented from doing so.
23. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, the Plaintiff respectfully requests this Honorable
Court grant the Plaintiff rights of majority physical custody and
grant the Defendant rights of visitation.
COUNT III - EOUITABLE DISTRIBUTION
24. Paragraphs One through Twenty-three are incorporated
herein by reference as if set forth specifically below.
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II
25. The Plaintiff and the Defendant have legally and
beneficially acquired property, both real and personal, during
their marriage from April 29, 1989, until the date of their
separation, all of which is marital property.
26. The Plaintiff and the Defendant have acquired, prior to
the marriage or subsequent thereto, "non-marital" property which
has increased in value since the date of the marriage and/or
subsequent to its acquisition during the marriage, which increase
in value is "marital property."
27. The Plaintiff and Defendant have been unable to agree as
to an equitable distribution of the property as of the date of the
filing of this Complaint.
WHEREFORE, the Plaintiff respectfully requests this Honorable
Court to equitably divide all marital property and to enjoin it
from being removed, disposed of, alienated, sold, or otherwise
encumbered, pending final hearing of settlement of all claims; or
in the alternative, the Plaintiff further requests this Honorable
Court to incorporate any Stipulation reached by the parties
regarding the division of marital property into the divorce decree.
Date:
',) I" \~
I .J tl..,
Respe&fullY s~bmitted,
? --,
~ tl; L
Matthew J. helman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, ennsylvania 17011-4706
IDS 72655 Tel. (717) 763-1800
CHARLES SIMMONS,
Plaintiff
vs.
I IN TilE COURT OF COMMON PLBAS (w
: CUMUEIlLAND C:OUN'I'Y, PBNNSYLVANIA
I
I No.
.
.
CRYSTAL SIMMONS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
VBRIFICATION
I, Charles Simmons, verify that the statements made in this
Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,
C.S. S 4904, relating to unsworn falsification to authorities.
Date:
~/~/'?f
Signature I
,
t4r1'@..c- ~~,..."".~
Charles Simmons
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CHARLES SIMMONS,
: IN TIlE COUIlT OF COMMON PLEAS
CUMBEI\LANl> COUNTY, PENNSYLVANIA
PlaintilT
v.
NO 95.3856
CIVIL ACTION. LAW
IN DIVORCE
CRYSTAL SIMMONS,
Defendant
A......mA VI,), 0)0' CONS.:NT
I. A Complaint in divorce undcr scctiun nOl(c) urlhc Divorcc Code was tiled on July 19,
1995.
2. The mlllTiage ofPlaintifi'lInd [)elcndllnl is irrclrievllhly brokcnllnd ninety (90) days have
elapsed from the date of filing and service ur thc Cumlllllinl
3. I consenlto the entry ufll finlll dccree ufdivurce IIl1er service of notice of intention 10
request entry of the decree.
4, I understand that I may losc righls conccming alimony, division ofpropeny, lawyer's fees
or expenses if) do not claim thcm bcforc II divorcc is grunt cd,
I verifY that the statemcllls made in this ntlidnvit IIrc troe IInd correc!. I understand that false
statements herein are made sllbj~'Ctto Ihe Ilcl1l1l1ics of I K I'll c.s, ~ 4904 relating to unsworn falsification
to authorities.
. '1
~ft1il(n!~~
Dated: AUGUST 1. 1991
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CHARLES SIMMONS,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY. PENNSYLVANIA
PlaintilT
v.
NO. 95-3856
CIVIL ACTION - LAW
IN DIVORCE
CRYSTAL SIMMONS,
Defendant
AFFIDA VIT OF CONSENT
1, A Complaint in divorce under section 330 I (c) of the Divorce Code was tiled on July 19.
1995,
2, The marriage of Plain tilT and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of tiling and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property. lawyer's fees
or expen~e~ iff c1n not claim them before a divorce is granted,
I verilY that the statements made in this affidavit are true and correct. 1 understand that false
statements herein are made subject to the penalties of 18 Pa.C,S, ~ 4904 relating to unsworn falsification
to authorities.
jd1
t<-~
Dated:
AUGUST 7, 1997
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CHARLES SIMMONS,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PlaintiO"
v.
NO, 95-3856
CIVIL ACTION - LAW
IN DIVORCE
CRYSTAL SIMMONS.
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 330HCI OF TilE DIVORCE CODE
I. 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 atler it is filed with the Prothonotary.
I verifY that the statements made in this aOidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C.S. ~ 4904 relating to unsworn falsification
to authorities,
(')ildd~ $~"H:-<C~
Charles G. Simmons
Dated:
AUGUST 7, 1997
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NO, 95-3856
CIVIL ACTION - LAW
IN DIVORCE
I
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CHARLES SiMMONS,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
PlaintilT
v,
CRYSTAL SIMMONS,
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301lC\ OF THE DIVORCE CODE
I, I consent to the entry of a final decree of divorce without notice,
2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees
or expenses if! 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 tme and com'rot. I understand that fals~
statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification
to authorities.
Dated: AUGUST 7. 1997
Respondent
IN DIVORCE
CHARLES SIMMONS,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v,
NO. 95-3856
CRYSTAL SIMMONS,
CIVIL ACTION - LAW
ACCEPTANCE OF SERVICE
I, GERALD 1. SHEKLETSKI. ESQUIRE, accept service of the Complaint in Divorce.
I certifY that I am authorized to accept service on behalf of the Defendant,
STONE LaFA VER & STONE
Date: 1JJ~/9>
By: g;;f~
GERAL~HEKLETSKI. ESQUIRE
414 Bridge Street
New Cumberland, PA 17070
Telephone No. [717] 774-7435
Allorneys for Defendant
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RBAGBR , ADLER, PC
BYI DEBRA A. DBNISON, BSQUIRB
Attorney I.D. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
CHARLES SIMMONS,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
Plaintiff
.
.
v.
:
NO. 95-3856
CIVIL ACTION - LAW
IN DIVORCE
.
.
CRYSTAL SIMMONS,
.
.
:
Defendant
.
.
PRAECIPB
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-referenced matter on
behalf of Plaintiff, Charles Simmons.
REAGER & ADLER, P.C.
,
, ....,
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BY: ,.."-.... \ "'r
DEB~A~)~EN~~~ ESQUIRE
---.-.
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CBRTII'ICATB 01' SERVICB
} I~h
AND NOW, this day of August, 1995, I hereby verify that
I have caused a true and correct copy of the foregoing document to
be placed in the U.S. mail, first class, postage prepaid and
addressed as follows:
Gerald J. Shekletski, Esquire
414 Bridge Street
New Cumberland, PA 17070
ESQUIRE
CHARLES SIMMONS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
III
vs.
No. 95-3856 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
CRYSTAL SIMMONS,
Defendant
ENTRY OF APPEARANCE AND ACCEPTANCE OF SERVICE
Gerald J. Shekletski, Esquire, and the Law Offices of Stone,
Lafaver , Stone hereby enters their appearance on behalf of Crystal
Simmons.
I, Gerald J. Shekletski, Esquire, the undersigned, hereby
accept service of the Complaint in Divorce on behalf of Crystal
Simmons and certify that I am authorized to do so.
Respectfully submitted,
~/
LAW OFFICES OF STONE, LAFAVBR , STONE
414 Bridge Street
New Cumberland, PA 17070
Attorney for Defendant
Date: 1/';-7/7.5"
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PATRICK P. LAUIR, JR
Alloro.y a. La"
Iloll,h'kOl'""1
All.. BuUdln,
c..., Hili. PA 170 II
(7171763.1'00
';.,
CHARLES SIMMONS,
Plaintiff
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
',">'
,
vs.
: No. 95 - 3856 CIVIL TERM
CRYSTAL SIMMONS,
Defendant
.
.
CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPB
TO THB PROTHONOTARY:
Kindly withdraw my appearance in the above-captioned
matter with regard to the Plaintiff, Charles Simmons.
Date: ~if;-
Resp ctfully s~mitted,
lG " \4)
Matthew J. shelman, Esquire
Law Officeslof Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
IDS 72655 Tel. (717) 763-1800
"'
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pd\prl\ldlflult.jdg/k\5'95
CHARLES SIMMONS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 3856 CIVIL
CUSTODY
v.
CRYSTAL SIMMONS,
Defendant
PRAECIPE TO APPOINT CONCILLIATOR
TO THE PROTHONOTARY:
Please appoint a concilliator and schedule a Pre-Hearing
custody concilliation confer,e nce in this ~tter. /)/ LIt.
/.1 J~I(,k".( L '.I1n.J... f.'<' C.... (' V'H ~f (O"".,-f..L1- 01- rlfA Ihr/f7 .s (' Cr/..../J/c"trj
On" v. f'<, <: Ie.;..> c.r,/ (,. STONE LaFAVER & STONE r
r.e;"'fd1rt) C;~df(Jd1'
BY"~ LJ~41
AttorneyU: Defendant
Gerald J. Shekletski, Esq.
414 Bridge Street
P.O. Box E
New Cumberland, Pa, 17070
(717) 774-7435
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SIMMONS,
Plaint if f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
95-3856 CIVIL TERM
CRYSTAL SIMMONS,
Defendant
CIVIL ACTION
CUSTODY
ORDER OF COURT
AND NOW, this
1\1~ day of
fJl... \.l}(.\ ~ I
, 1995, upon
consideration of the attached praecipe and underlying complaint, it is
hereby directed that the parties and their respective counsel appear
before SC\.r..~lr I L. (-/net(..., {':A.L ,the Conciliator, at
S;J..,- N. 1.:1 It., C;L I. (lh-I'lt on the ,'Olt-. day of
jC{';>p' !-tlnPt!, ' - -, '/J .
_" 199~, at ~ ,~.M" for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and
narrow the issues to be heard by the court, and to enter into a
temporary order. All children age five or older may also be present
at the conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
::: THE CO,~:~~\.aL ~_, ,- r ~. Cd
Custody Conciliator
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.
Court Administrator
Cumberland County Courthouse, 4th Floor
Carlisle, PA 17013
Telephone: (717) 240-6200
Auc IS
2 S9 PH '95
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(~-~:;d~\'::;i' :~,
COUNT I - DIVORCB
6. Paragraphs One through Five are incorporated herein by
reference as if set forth specifically below.
7. The marriage is irretrievably broken. In the
alternative, the Plaintiff alleges that on Hay 17, 1995 the
parties separated I and that, on March 17, 1997, the parties will
have been living separate and apart for a period in excess of two
..
years.
8. There have been no prior actions of divorce or for
annulment between the parties.
9. The Plaintiff has been advised that counseling is
available and that the Plaintiff may have the right to request
that the court require the parties to participate in counseling.
10. This action is not collusive.
WHEREFORE, the Plaintiff respectfully requests this
Honorable Court to grant the Plaintiff relief from the bonds of
matrimony and order a Decree in Divorce.
COUNT II - CUSTODY
11. Paragraphs One through Ten are incorporated herein by
reference as if set forth specifically below.
12. There is one dependent child to the marriage of the
parties, Amanda Nicole Simmons (April 7, 1988).
13. The Plaintiff seeks primary physical custody of the
child set forth in Paragraph Twelve.
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14. The minor child set forth in Paragraph Twelve is in the
custody of her father, the Plaintiff.
l5. The mother of the child is the Defendant, currently
residing at the above-referenced address, Paragraph Two.
16. The father of the child is the Plaintiff, currently
residing at the above-referenced address, Paragraph One.
17. During the past fIve years, the child set forth in
Paragraph Twelve above has resided at the fOllowing addresses
with the following personsl
May 17, 1995 -
Pre8ent
147 North 21st Street
Camp Hill PA 17011
Cumberland County
Box 43
Meadowbrook Trailer Ct.
New Cumberland PA 17070
York County
Father, Maternal
grandfather,
Maternal grandmother
July 7, 1990 -
May 17, 1995
Mother, Father,
Wade Matthew
Stone road
18. The Plaintiff resides with the following persons I the
minor child, his parents.
19. The Defendant resides with the following persons I Wade
Matthew Stoneroad, her parents.
20. The Plaintiff has not participated as a party or
witness, or in any other capacity, in other litigation concerning
the custody of the child in this or any other Court.
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2l. The plaintiff has no information of a custody
proceeding concerning the child pending in a Court in this
Commonwealth. The plaintiff does not know of a person not a
party to the proceedings who has physical custody of the child or
claims to have custody or visitation rights with respect to the
child.
22. The best interests and welfare of the minor child will
..
be served by granting the relief request because I
a. The plaintiff can provide the child with a home
with adequate moral, emotional, and physical
surroundings as required to meet the child's
needsJ
b. The plaintiff is willing to continue custody of
the child.
c. The Plaintiff continues to exercise parental
duties and enjoys the love and affection of the
child.
d. The minor child has expressed a desire to
remain with the plaintiff and should not be
prevented from doing so.
23. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, the plaintiff respectfully requests this Honorable
Court grant the Plaintiff rights of majority physical custody and
grant the Defendant rights of visitation.
COUNT III - EOUITABLE DISTRIBUTION
24. Paragraphs One through Twenty-three are incorporated
herein by reference as if set forth specifically below.
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:CHARLES SIMMONS,
I Plaintiff
!
vs.
)
)
)
)
)
)
)
NO. 95-3S56 CIVIL TERM
CUSTODY
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
I
ICRYSTAL SIMMONS,
Defendant
ORDER
AND NOW, this ~,J day of Dd..L..d
, 1995, upon receipt of the
i
iconciliator's report, it appearing that the parties agreed to the terms of this order
I
las a temporary resolution of the custody matters, pending a full hearing, we hereby
,
,
'order and direct as follows:
1. Legal custody of Amanda Nicole Simmons, shall be shared by her parents, the
iiPlaintiff, Charles Simmons, and the Defendant, Crystal Simmons. The parties are
',directed to cooperate with each other and to exchange full information about the
"
,
I
!child's progress in school, medical treatment, religious training, and the like.
.
I 2. Pending further order of this Court, the mother is awarded primary physical
i
!custody and the father will have temporary or partial custody of the child every week
I
lfrom noon on Sunday until 7:00 p.m. on Tuesday. The father will be responsible to pick
i
!the child up at the mother's home and return the child to the mother's home unless the
,
,mother moves than two miles from her present residence.
3. A hearing is hereby scheduled before the undersigned to resolve all the issues
'raised in this action, said hearing to be held in Court Room No, ~ of the
· ,Cumberland County Court House in Carlisle,
Pennsylvania, commencing at '1:"" {'}
~I,(- day of :,p "t((~'I(J- , 1995.
o'clock il-.m., on
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4. No less than twenty (20) days prior to the hearing the parties shall provide
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lito the other, through their counsel, a list of the witnesses they intend to call at the
il
I,
i/hearing which list will identify the witness, provide the witness's residence address
! i ". 'orti.. ,.,."". .....", ". 'hI., 'ill j"I". . ',j., ""'I.tio. of tho "'j",
:1
i 10f the witness' s testimony.
Ii
!iwitness, that party will provide a written report from the expert, outlining the
II
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!/ days prior to the hearIng as well.
i!
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,
II
!!Debra A. Denison, Esquire
:!Attorney for Plaintiff
:iGerald Shekletski, Esquire
'Attorney for Defendant
I:
II
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In the event that either party intends to call an expert
By the Court,
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obf.
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2
CHARLES SIMMONS, ) IN THE COURT OP COMMON
Plaintiff ) PLEAS OP CUMBERLAND
il ) COUNTY, PENNSYLVANIA
"
ii vs. )
i ) NO. 95-3S56 CIVIL TERM
iCRYSTAL SIMMONS, )
Defendant ) CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
"
"
i!
"
CONCILIATOR CONFERENCE SUHHAIlY REPORT
I:
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OP CIVIL PROCEDURE 1915.3-8(b), the
ii
~undersigned Custody Conciliator submits the fOllowing report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
CURIlBNTLY IN
CUSTODY OF
BIRTHDATE
7 April 1985
:' AIIlanda Nicole Silllllons
Defendant/Mother
2. A Conciliation Conference was held on 12 Septeaber 1995 and the following
individuals were present: the Plaintiff and his attorney, Debra Denison, Esquire: the
Defendant and her attorney, Gerald Shekletski, Esquire.
: 3. Items resolved by agreement: Except for the entry of a temporary order, the
:parties were not able to reach agreement on any other issue.
4. Issues yet to be resolved: Primary physical custody and a custody schedule.
5. The Plaintiff's position on custody is as follows: The father wants primary
physical custody of the child and contends that he can better care for the child
because the ~ther is not stable.
6. The Defendant's position on custody is as follows: The mother claims that the
child is afraid of the father because he took the chiid away from the mother, without
notice and without any visitation or other contact, for several months this past
,su~er. she clai.s she has always been the primary care provider and she can better
,'take care ot the child.
, '
,
7. Need tor separate counsel to represent child: the conciliator sees no Deed
"tor independent counsel for the child and neither party made such a request to the
iconciliator.
, '
8. Need tor independent psychological evaluation or counseling: the conciliator
"sees no specific need tor indepeDdent counseling and neither party requested it.
9. Other matters and comments:
These parties are Dot very educated. very patient with each other. or very likely
to reach an agreement without a hearing. They both reside in the same mobile home
, park. approximately ten trailers apart, and have been separated since May ot 1995.
The critical prOblem in this case arose in June of 1995 when the father took the
,child from the mother. moved with her to his parents' home in Camp Hill. and then
refused to return the child until early August. During that time the mother was unable
to see the child because. she claims. that the father's family would not allow her to
visit with the child. As a result of the entire sorry episode. the mother distrusts
i.the father and claims the child is atraid that the father will take her away again.
Such a suggestion infuriates the father and puts the two parties directly at odds.
An interesting detail in the case is that the mother has a 12 year old son by a
: prior marriage. Wade Stoneroad. who is the stepbrother of the subject of this
,litigation.
The mother lives in a 2-bedroom mobile home with her son by the prior marriage and
with the SUbject child. She works Monday through Priday at Pox's Market, on a daylight
shift. and works occasional weekends.
The father lives in a 3-bedroom mobile home which was the family residence prior
to separation. He lives alone and works the third shift 110:00 p.m. to 8:00 a.m. I four
days each week.
As noted above. I believe a hearing will be required to resolve this matter.
Neither party appears to have a long list of witnesses and I would expect the hearing
could be concluded in a day or less. I have attached an order setting out a temporary
custody schedule. schedUling a hearing, and requiring the exchange of witness
information prior to the hearing.
~~
Custody Conciliator
29 september 1995
CHARLES SIMMONS, ) IN THE COURT OP COMMON
plaintiff ) PLEAS OP CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 95-3S56 CIVIL TERM
CRYSTAL SIMMONS, )
Defendant ) CUSTODY
OIlDBR
-
l\ND NOW, this
day of
, 1995, upon receipt of the
conciliator's report, it appearing that the parties agreed to the terms of this order
as a temporary resolution of the custody matters, pending a full hearing, we hereby
order and direct as follows:
1. Legal custody of Amanda Nicole Simmons, shall be shared by her parents, the
plaintiff, Charles Simmons, and the Defendant, Crystal simmons. The parties are
directed to cooperate with each other and to exchange full information about the
child's progress in school, medical treatment, religious training, and the like.
2. Pending further order of this Court, the mother is awarded primary physical
custody and the father will have temporary or partial custody of the child every week
from noon on sunday until 1:00 p.m. on Tuesday. The father will be responsible to pick
the child up at the mother's home and return the child to the mother's home unless the
mother moves than two mil en from her present residence.
3, II hearing is herebY scheduled before the undersigned to resolve all the issues
raised in this action, said hearing to be held in Court Room No.
of the
Cumberland County Court House in Carlisle, pennsylvania, commencing at
. 1995.
o'clock ___.m., on
, the
day at
1
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4. No less than twenty (20) dayo prior to the hearing the parties shall provide
to the other, through their counsel, a list of the witnesses they intend to call at the
hearing which list will identify the witness, provide the witness's residence address
and daytime telephone number, and which will include a brief description of the sUbject
of the witness's testimony. In the event that either party intends to call an expert
witness, that party will provide a written report from the expert, outlining the
sUbject and general content of the subject's intended testimony, at least twenty (20)
days prior to the hearing as well.
By the Court,
J.
Debra A. Denison, Esquire
Attorney for Plaintiff
Gerald Shekletski, Esquire
Attorney for Defendant
sla
2
CRYSTAL SIMMONS,
Defendant
NO. 95-3856 CIVIL TERM
~
CHARLES SIMMONS,
plaintiff
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
ORDER OF COURT
AND NOW, this ~~J day of January, 1996, upon consideration of
the attached letter, the hearing previously scheduled in this
matter for January 5, 1996, is CANCELLED.
BY THE COURT,
Debra A. Denison, Esq.
2331 Market Street
Camp Hill, PA l70ll
Attorney for plaintiff
Gerald Shekletski, Esq.
414 Bridge Street
P.O. Box E
New cumberland, PA l7070
Attorney for Defendant
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Honor~ble J. Wesley Olel, Jr.
Court of Common Ple,u:
Cumberland county Courthouse
Carlisle, PA 17013
RE: Char1n.. Si.Nllonn v. Cryntn 1 SiDWIono
No. 9~-3B5G c:ivil '1'urm
Custody
Dear Judge Ol<~r:
As r mentioned to y.;lUl' staff on the telephonE: early t.his
morning, the parties huve Dettled this m<lCter. I will be filing
II s'i!ttlement agreement with the court '~itho;-r tomorrow or l'riday.
V<2J:Y truly YOUl'S,
STO~:VER ~~~
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. Gerald J ,~kletski
GJS/krl
cc: Debra A, Denioon
Attorney at Law
Cryst.al L. Simmons
[1\cuat\.lmman..ord\t.96
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3856 CIVIL TERM
CHARLES SIMMONS,
Plaintiff
CRYSTAL SIMMONS,
Defendant
CIVIL ACTION
IN CUSTODY
ORDER OP COURT
AND NOW, TO WIT, this ~ day of ~'nuu.,
, 1996,
in regard to the custody of the parties' minor child, AMANDA NICOLE
SIMMONS, born April 7, 1988.
It is hereby ORDERED and DECREED that the custody Agreement
signed by the plaintiff and defendant on January 2, 1996, attached
hereto, shall hereby be accepted as the Order of this Court concerning
custody of the parties' minor child.
BY THE COURT,
J.
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fl\cuat\.lmmona.cat\1-96
AGREEMENT
THIS AGREEMENT, made this 2"d day of January, 1996, by and
between CRYSTAL L. SIMMONS, of Cumberland County, Pennsylvania,
(hereinafter referred to as "Mother") and CHARLES G. SIMMONS, of York
County, Pennsylvania, (hereinafter referred to as "Father").
WIT N E SSE T HI
WHEREAS, Mother and Father are residents of the Commonwealth of
Pennsylvania and have been so for at least the past six months;
WHEREAS, certain diverse unhappy differences that have arisen
between the parties hereto have made them desirous of continuing to
live separate and apart from one another;
WHEREAS, there was one child born of the marriage, AMANDA NICOLE
SIMMONS, born April 7, 1988;
WHEREAS, it is the intention and purpose of this agreement to set
forth the respective custody and visitation rights and duties of the
parties while they continue to live apart from each other; and
WHEREAS, the parties hereto have mutually agreed to enter into an
agreement for the custody and visitation of AMANDA NICOLE SIMMONS,
after both have had full and ample opportunity to consult with their
respective attorneys, and the parties now wish to have that agreement
reduced to writing.
NOW, THERBI'ORB, the parties hereto, in consideration of the
mutually made and to be kept promises set forth herein and for other
good and valuable consideration, intending to be legally bound and
to legally bind their heirs, successors, assigns, and personal
representatives, hereby covenant, promise, and agree as follows:
1. Except as provided herein, Mother and Father shall share
legal custody of AMANDA NICOLE SIMMONS. Each party agrees to keep the
other apprised of important matters relating to the child's health,
education, welfare, and activities. The parties further agree that
each shall have the equal access to information concerning the child.
2. The parties agree on the following visitation schedules for
the child:
A. Phvsical Custodv. Mother and Father agree to share
physical custody of the AMANDA NICOLE SIMMONS. Father shall have
physical custody of AMANDA NICOLE SIMMONS every week from 12:00 p.m.
noon on Sunday until 7:00 p.m. on Tuesday. Mother shall have physical
custody of AMANDA NICOLE SIMMONS from 7:00 p.m. Tuesday until 12:00
p.m. noon Sunday. Father shall be responsible to pick up the child at
the Mother's home at his scheduled time of visitation or at another
location acceptable to Mother and Father. Mother shall be responsible
to pick up the child at the scheduled time of visitation at a location
acceptable to Mother and Father.
B. Summer Vacations. Mother and Father shall have the
right to custody of AMANDA NICOLE SIMMONS for a minimum of two and a
maximum of four (4) weeks during her summer vacation from school which
-2-
weekly visitation need not be for consecutive weeks. Mother and
Father shall discuss and agree, thirty (30) days ahead of the sched-
uled time as to which weeks Mother shall have custody of AMANDA NICOLE
SIMMONS and which weeks Father shall have custody of the child during
summer vacation from school.
C. Holidavs.
I. Thanksaivina: The parties agree to alternate
custody of the child on an annual basis for Thanksgiving. Mother
shall have custody of the child beginning 7:00 p.m. on the Wednesday
before Thanksgiving Day, 1996 through 3:00 p.m. on Thanksgiving Day,
1996, and from 3:00 p.m. until 9:00 p.m. on Thanksgiving Day every odd
year thereafter. Father shall custody of the child beginning at 7:00
p.m. on the Wednesday before Thanksgiving Day, 1997, through 3:00 p.m.
on Thanksgiving Day, 1997, and from 3:00 p.m. until 9:00 p.m. on
Thanksgiving Day every even year thereafter.
II. Christmas: The parties agree to alternate custody
of the child on an annual basis for the Christmas holiday season.
a. Mother shall have custody of the child from
12:00 p.m. December 25 through 12:00 p.m. December 26, 1996, and every
subsequent time period during every even year thereafter. Father
shall have custody of the child from 12:00 p.m, December 25 through
12:00 p.m. December 26, 1997, and every subsequent time period during
every odd year thereafter.
b. Father shall have custody of the child from
12:00 p.m. on December 24, 1996, through 12:00 p.m. on December 25,
-3-
.
.
1996. and every subsequent time period during every even year thereaf-
ter. Mother shall have custody of the child from 12:00 p.m. on
December 24. 1997, through 12:00 p.m. on December 25, 1997, and every
subsequent time period during every odd year thereafter.
c. Mother shall have custody of the child on the
child's birthday during every even year. Father shall have custody of
the child on the child's ,birthday during every odd year.
III. Other holidays:
a. The parties hereto agree that they will
cooperate and be as flexible as possible with regard to custody of the
child for any holiday or extended vacation period. In the event that
any holiday discussed in this section of the agreement falls on a
weekend, the holiday schedule will take precedents over the normal
custody schedule.
every Mother's Day.
Father's Day.
b, Mother shall have custody of the child on
Father shall have custody of the child on every
c. Father shall custody of the child for every
Labor Day weekend in an even year from Friday at 5:00 p,m. until
Monday at 5:00 p.m. Mother shall have custody of the child for every
Labor Day weekend in an odd year from Friday at 5:00 p,m. until Monday
at 5:00 p,m.
d. Father shall have custody of the child for
every Memorial Day weekend in an odd year from Friday at 5:00 p.m.
-4-
;
,
until Monday at 5:00 p.m. Mother shall have custody of the child for
every Memorial Day weekend in an even year from Friday at 5:00 p.m.
until Monday at 5:00 p.m.
e. Father shall have custody of the child for
every Fourth of July in an even year provided that when the Fourth of
July shall fall on a Saturday or Sunday, Father shall have custody of
the child from 5:00 p,m qn Friday until 5:00 p.m. on Monday Mother
shall have custody of the child for every Fourth of July in an odd
year provide that when the Fourth of July shall fall on a Saturday or
Sunday, Mother shall have custody of the child from 5:00 p.m. Friday
until 5:00 p,m. on Monday.
f. Father shall have custody of the child every
Easter Sunday in odd years from 9:00 a.m. through 7:30 p.m. Mother
shall have custody of the child every Easter Sunday in even years from
9:00 a.m. through 7:30 p.m,
g. Father and Mother shall discuss an agreement
on a custody schedule for the child at least two weeks prior to any
holiday not specifically mentioned in the agreement including, but not
limited to each parties respective birthdays. Each parent shall have
custody of the child on their respective birthday. Once a schedule is
established for any particular holiday, custody of the child shall
alternate between Father and Mother according to that same schedule.
h. Except as herein otherwise provided, it is the
intent of the parties that transportation of the child between parties
-5-
\
for all purposes, and especially custody purposes, shall be as flexi-
ble and accommodating as possible.
3. Miscellaneous.
A. No waiver or modification of any of the terms of this
agreement shall be valid unless in writing and signed by both parties
and no waiver of any breach hereof or default hereunder shall be
deemed a waiver of any s~bsequellt default of the same or similar
nature. This agreement may be modified by court order.
B. This agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the
date of the execution of this agreement. Moreover, the parties hereby
agree that the provisions of this agreement shall be entered as a
custody order in the Court of Common Pleas of Cumberland County or in
such other appropriate court.
C. This agreement constitutes the entire understanding of
the parties regarding custody and supersedes any and all prior agree-
ments and negotiations between them. There are no representations or
warranties regarding custody other than those expressly set forth
herein.
D. If any term, condition, clause, section, or provision of
this agreement shall be determined or declared to be void or invalid
in law or otherwise, only that term, condition, clause, section, 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 his
-6-
.............~~. --........
.
,
or her obligations under anyone or more of the articles and sections
herein shall in no way void or alter the remaining obligations of the
parties.
E. In the event either party to this agreement shall breach
any term, covenant or other obligation herein, the nonbreaching party
shall be entitled, in addition to all other remedies available at law
or in equity, to recover ,from the breaching party all costs which the
nonbreaching party may incur including, but not limited to, filing
fees and reasonable attorney's fees, in any action or proceeding to
enforce the terms of this agreement.
F. This agreement shall survive any action for divorce and
decree of divorce and shall forever be binding upon the parties; and
any independent action may be brought, either at law or in equity, to
enforce the terms of this agreement by either Father or Mother until
it shall have been fully satisfied and performed. The consideration
for this agreement is the mutual benefits to be obtain by both of the
parties hereto in the covenants and agreements of each of the parties
to the other. The adequacy of the consideration for all agreements
herein contained is stipulated, confessed, and admitted by the parties
and the parties intend to be legally bound hereby.
-7-
.
.
,
.
"
IN WITNESS WHEREOF, the parties have set their hands and seals
the day and year first above written.
,
\
7/7Il/J {.:I (SEAL)
(Y~ .2f j~~
CHARLES G. SIMMONS
(SEAL)
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNT:', PENNSYLVANIA
CIVIL ACTION - LAW
CHARLES SIMMONS,
Plaintiff
CRYSTAL SIMMONS,
Defendant
.
.
.
.
.
.
NO. 95-3856 CIVIL TERM
AND NOW,
ORDER OF COURT
this 2~~day of March, 1996,
upon consideration of
Plaintiff's Petition for Contempt of Court Order, a hearing on the
contempt aspect of the petition is SCHEDULED for Thursday, April
18, 1996, at 8:30 a.m., in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania. The Court Administrator is
REQUESTED to schedule the balance of the Petition for custody
conciliation.
BY THE COURT,
Debra A. Denison, Esq.
233l Market Street
Camp Hill, PA l70l1
Attorney for Plaintiff
Gerald Shekletski, Esq.
414 Bridge Street
P.O. Box E
New Cumberland, PA l7070
Attorney for Defendant
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CHARLES SIMMONS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 95-3856
CRYSTAL SIMMONS,
CIVIL ACTION - LAW
Respondent
IN DIVORCE
NOTICB AND ORDBR
Legal proceedings have been brought against you alleging you
willfully disobeyed an order of Court for Custody.
If you wish to defend against the claims set forth in the
following pages you may, but are not required, to file in writing
with the Court your defenses or objections.
Whether or not you file in writing with the Court your
defenses or objections, you must appear in person on
Day at O'clock at Courtroom
Cumberland County Courthouse, South Hanover Street, Carlisle, PA
17013.
II' YOU DO NOT APPBAR IN PERSON THB COURT MAY ISSUE A
WARRANT FOR YOUR ARREST.
II' THE COURT I'INDS THAT YOU HAVE WILLFULLY I'AILED TO
COMPLY WITH ITS ORDBR I'OR CUSTODY, YOU MAY BE I'OUND TO BB
IN CONTEMPT 01' COURT AND COMMITTED TO JAIL, FINED OR
BOTH.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II'
YOU DO NOT HAVE A LAWYER OR CANNOT Al'I'ORD ONE, GO TO OR
TELBPHONE THB OI'I'ICB SET I'ORTH BELOW TO FIND OUT WHBRE
YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
BY THE COURT:
J.
~., iY95 ef'
Petitioner
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES SIMMONS,
v.
.
.
NO. 95-3856
CIVIL ACTION - LAW
CRYSTAL SIMMONS,
Respondent
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this
day of March, 1996, a Rule is hereby
issued upon Respondent to show cause why Petitioner's Petition for
contempt of Court Order should not be granted.
BY THE COURT:
J.
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RBAGBR (, ADLBR, PC
BYe DBB~ A. DBNI80N, B8QUIRB
Attorney 1.0. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for petitioner
.
CHARLES SIMMONS,
: IN THE COURT OF COMMON pLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
:
.
.
NO. 95-3856
v.
CIVIL ACTION - LAW
CRYSTAL SIMMONS,
.
.
.
.
IN DIVORCE
Respondent
.
.
PETITION POR CONTEMPT OP COURT ORDER
AND NOW comes petitioner, Charles simmons, by and through his
counsel, Reager 6< Adler, PC, and petitions this court for a
contempt order against Respondent, and in support thereof avers the
following:
1. petitioner, Charles simmons, is an adult individual
residing at Box 43, Meadowbrook court, New cumberland, cumberland
county, pennsylvania 17070.
2. Respondent is crystal simmons an adult individual
residing at 311 Market street, New cumberland, cumberland County,
pennsylvania 17070.
3. On July 19, 1995, Respondent filed a complaint in Divorce
Which incorporated a count for custody of the minor child, Amanda
simmons, date of birth, April 7, 1988. A custody conciliation was
held before Samuel L. Andes, Esguire, on september 12, 1995. Both
parties were represented at the time of the conciliation.
4. No agreement was made at the time of the conciliation.
However, the parties agreed to the entry of a temporary custody
order which provided shared legal custody to the parties.
5. On January 3, 1996, the parties executed an agreement for
custody and visitation. Both parties were represented by counsel.
The agreement and corresponding order are attached hereto as
Exhibit "A".
6. The agreement provides for shared legal custody and
physical custody with father maintaining custody from Noon on
Sunday until 7:00 PM on Tuesday.
7. The agreement reflects that transportation of the child
is to be shared. The father is to pick up the child at mother's
home at the time of his scheduled visitation.
8. Since the entry of the order, Petitioner has unfailingly
sought to exercise his custody rights. Due to a change in
Petitioner's work schedule, arrangements were made for either the
child's grandparents or babysitter to pick the child up at school
2
. .
during his custody period. Said arrangements were through and
authorized by the child's school.
9. Since the order was entered, Respondent has engaged in
conduct for the sole purpose of inhibiting and preventing the
exercise of Petitioner's custody rights.
10. These actions were contrary to this court's order and can
be described as follows:
a. Tuesday, January 8, 1996 - Respondent followed
Petitioner from a store and demanded immediate
custody of minor child prior to the end of
Petitioner's custody period. Petitioner had not
been able to provide the minor child with dinner
and wanted to continue his entire custody period.
Respondent made such a scene that Petitioner
released custody of the child prior to the end of
his visitation.
b. Sunday, February 4, 1996 - The child's grandparents
went to pick up the child at Respondent's residence
per the agreement of the parties. The child was
not at Respondent's residence. Respondent had
removed the child and transported the child to
3
"
Respondent's mother's house. This occurred during
the Petitioner's custody period,
c. Petitioner and Respondent had a discussion about
the appropriateness of the child bringing home an
animal from school. Petitioner did not feel he
would be able to assume the responsibility of
ensuring the return of the animal to the school and
thus advised that he did not want the animal signed
out. Contrary to this discussion, Respondent
signed the animal out and when the Petitioner again
expressed an inability to return the animal to the
school, Respondent denied access to the child for
Petitioner's visitation. The intervention of the
New cumberland police force was necessary to
enforce the custody order on March 3, 1996.
d. Sunday, March 17, 1996 - Petitioner went to pick up
the child at the Respondent's apartment and the
child was not there. Petitioner eventually found
the child at the maternal grandmother's home.
e. Tuesday, March 19, 1996 - Petitioner's babysitter
took the child to school. The school then
contacted the babysitter and informed her that she
4
was not permitted to pick up the child based on
statements made by Respondent. This was contrary
to a letter provided by the Petitioner. The school
was then instructed to place the child on the
school bus for delivery to Petitioner's home. This
could not occur as Respondent had terminated the
school bus service to the Petitioner's home.
f. Tuesday, March 19, 1996 - Petitioner's babysitter
went to pick up the child at school. She was met
by Respondent who engaged in loud and inappropriate
behavior and removed the child from the school
contrary to the custody order, The child was not
returned to Petitioner for the completion of his
visitation.
11. Despite repeated correspondence to Respondent via her
counsel, Respondent has continued to engage in behavior which is
contrary to the best interest of the child and to the order of this
Court.
12. Petitioner has done his best to work out the custody
arrangements amicably but has not been successful.
5
". AS a d".ct ,."ult of ...pood.nt" act'o'" P.titioo.' b"
lo.t aoo<ox,..t.'Y 10 boO" of v,.'t.t'oa t'.. .,ac. tb. .at" of
the order.
14. AS a d,,,,ct result of ...poodaoe. acti..... tbe cblld b"
.u".'" ..,ougb .,....ata and ....'v. language and coatiaual
disruption of her custodY schedule.
.......... pet't'oa.' ,.....t. tb.t tb" cou" p,,.'d. ...
following remedies:
a. Alloe p.titloa.r to ..k. up ..s t.a bOUra of
visitation:
b. Reschedule a conciliation conference to re_evaluate
the current custodY order:
c. Fine the Respondent TWo Hundred Fifty and 00/100
Dollars ($250.00): and
d. any otber ",11ef ..at ... COU" "ads e..'tabl. ..d
just.
RespectfUllY submitted,
REAGER 6< ADLER, p,C.
Date: March 25, 1996
BY:
L.........---=
ESQUIRE
6
G
I, CHARLBS.ir. SIMMONS, verify that the statements made in the
foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 1B Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
~~~~~~
CHARLES SIMMONS
e
Date: March 22, 1996
.
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EXHIBIT A
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CHARLES SIMMONS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3856 CIVIL TERM
v.
CRYSTAL SIMMONS,
Defendant
CIVIL ACTION
IN CUSTODY
ORDER OF COURT
AND NOW, TO WIT, this
4-:tL day of
~-n.1U''''() , 1996,
child, AMANDA NICOLE
in regard to the custody of the parties' minor
SIMMONS, born April 7, 1988.
It is hereby ORDERED and DECREED that the custody Agreement
signed by the plaintiff and defendant on January 2, 1996, attached
hereto, shall hereby be accepted as the Order of this Court concerning
custody of the parties' minor child.
BY THE COURT,
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~F}' Prothonoto1ry
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AGRBEMENT
THIS AGREEMENT, made this ;2JJd day of January, 1996, by and
between CRYSTAL L. SIMMONS, of Cumberland County, Pennsylvania,
(hereinafter referred to as "Mother") and CHARLES G. SIMMONS, of York
County, Pennsylvania, (hereinafter referred to as "Father").
WIT N E SSE T H:
WHEREAS, Mother and Father are residents of the Commonwealth of
Pennsylvania and have been so for at least the past six months;
WHEREAS, certain diverse unhappy differences that have arisen
between the parties hereto have made them desirous. of continuing to
live separate and apart from one another;
WHEREAS, there was one child born of the marriage, AMANDA NICOLE
SIMMONS, born April 7, 1988;
WHEREAS, it is the intention and purpose of this agreement to set
forth the respective custody and visitation rights and duties of the
parties while they continue to live apart from each other; and
WHEREAS, the parties hereto have mutually agreed to enter into an
agreement for the custody and visitation of AMANDA NICOLE SIMMONS,
after both have had full and ample opportunity to consult with their
respective attorneys, and the parties now wish to have that agreement
reduced to writing.
-1-
NOW, THEREFORE, the parties hereto, in consideration of the
mutually made and to be kept promises set forth herein and for other
good and valuable consideration, intending to be legally bound and
to legally bind their heirs, successors, assigns, and personal
representatives, hereby covenant, promise, and agree as follows:
1. Except as provided herein, Mother and Father shall share
legal custody of AMANDA NICOLE SIMMONS. Each party agrees to keep the
other apprised of important matters relating to the child's health,
education, welfare, and activities. The parties further agree that
each shall have the equal access to information concerning the child.
2. The parties agree on the following visitation schedules for
the child:
A. Phvsical Custodv. Mother and Father agree to share
physical custody of the AMANDA NICOLE SIMMONS. Father shall have
physical custody of AMANDA NICOLE SIMMONS every week from 12:00 p.m.
noon on Sunday until 7:00 p.m. on Tuesday. Mother shall have physical
custody of AMANDA NICOLE SIMMONS from 7:00 p.m. Tuesday until 12:00
p.m. noon Sunday. Father shall be responsible to pick up the child at
the Mother's home at his scheduled time of visitation or at another
location acceptable to Mother and Father. Mother shall be responsible
to pick up the child at the scheduled time of visitation at a location
acceptable to Mother and Father.
B. Summer Vacations. Mother and Father shall have the
right to custody of AMANDA NICOLE SIMMONS for a minimum of two and a
maximum of four (4) weeks during her summer vacation from school which
-2-
weekly visitation need not be for consecutive weeks. Mother and ;
Father shall discuss and agree, thirty (30) days ahead of the sched-
uled time as to which weeks Mother shall have custody of AMANDA NICOLE
SIMMONS and which weeks Father shall have custody of the child during
summer vacation from school.
c. Holidavs.
I. Thanksoivino: The parties agree to alternate
custody of the child on an annual basis for Thanksgiving. Mother
shall have custody of the child beginning 7:00 p.m. on the Wednesday
before Thanksgiving Day, 1996 through 3:00 p.m. on Thanksgiving Day,
1996, and from 3:00 p.m. until 9:00 p.m. on Thanksgiving Day every odd
year thereafter. Father shall custody of the child beginning at 7:00
p.m. on the Wednesday before Thanksgiving Day, 1997, through 3:00 p.m.
on Thanksgiving Day, 1997, and from 3:00 p.m. until 9:00 p.m. on
Thanksgiving Day every even year thereafter.
II. Christmas: The parties agree to alternate custody
of the child on an annual basis for the Christmas holiday season.
a, Mother shall have custody of the child from
12:00 p.m. December 25 through 12:00 p.m, December 26, 1996, and eve"ry
subsequent time period during every even year thereafter. Father
shall have custody of the child from 12:00 p,m. December 25 through
12:00 p.m, December 26, 1997, and every subsequent time period during
every odd year thereafter.
b. Father shall have custody of the child from
12:00 p.m. on December 24, 1996, through 12:00 p.m, on December 25,
-3-
every Mother's Day.
Father's Day,
b. Mother shall have custody of the child on
Father shall have custody of the child on every
1996, and every subsequent time period during every even year thereaf-
ter. Mother shall have custody of the child from 12:00 p.m. on
December 24, 1997, through 12:00 p.m. on December 25, 1997, and every
subsequent time period during every odd year thereafter,
c. Mother shall have custody of the child on the
child's birthday during every even year. Father shall have custody of
the child on the child's.birthday during every odd year.
III. Other holidays:
a. The parties hereto agree that they will
cooperate and be as flexible as possible with regard to custody of the
child for any holiday or extended vacation period. In the event that
any holiday discussed in this section of the agreement falls on a
weekend, the holiday schedule will take precedents over the normal
custody schedule,
c. Father shall custody of the child for every
Labor Day weekend in an even year from Friday at 5:00 p.m, until
Monday at 5:00 p.m. Mother shall have custody of the child for every
Labor Day weekend in an odd year from Friday at 5:00 p,m, until Monday
at 5:00 p.m,
d. Father shall have custody of the child for
every Memorial Day weekend in an odd year from Friday at 5:00 p.m,
-4-
until Monday at 5:00 p.m. Mother shall have custody of the child for
every Memorial Day weekend in an even year from Friday at 5:00 p.m,
until Monday at 5:00 p.m,
e. Father shall have custody of the child for
every Fourth of July in an even year provided that when the Fourth of
July shall fall on a Saturday or Sunday, Father shall have custody of
the child from 5:00 p.m qn Friday until 5:00 p.m. on Monday Mother
shall have custody of the child for every Fourth of July in an odd
year provide that when the Fourth of July shall fall on a Saturday or
Sunday, Mother shall have custody of the child from 5:00 p.m, Friday
until 5:00 p.m. on Monday.
f, Father shall have custody of the child every
Easter Sunday in odd years from 9:00 a.m. through 7:30 p,m. Mother
shall have custody of the child every Easter Sunday in even years from
9:00 a,m, through 7:30 p,m.
g, Father and Mother shall discuss an agreement
on a custody schedule for the child at least two weeks prior to any
holiday not specifically mentioned in the agreement including, but not
limited to each parties respective birthdays. Each parent shall have
custody of the child on their respective birthday. Once a schedule is
established for any particular holiday, custody of the child shall
alternate between Father and Mother according to that same schedule,
h. Except as herein otherwise provided, it is the
intent of the parties that transportation of the child between parties
-
-5-
,
for all purposes, and especially custody purposes, shall be as flexi-
ble and accommodating as possible.
3, Miscellaneous.
A, No waiver or modification of any of the terms of this
agreement shall be valid unless in writing and signed by both parties
and no waiver of any breach hereof or default hereunder shall be
deemed a waiver of any s~bsequent default of the same or similar
nature. This agreement may be modified by court order.
B. This agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the
date of the execution of this agreement. Moreover, the parties hereby
agree that the provisions of this agreement shall be entered as a
custody order in the Court of Common Pleas of cumberland County or in
such other appropriate court.
C. This agreement constitutes the entire understanding of
the parties regarding custody and supersedes any and all prior agree-
ments and negotiations between them. There are no representations or
warranties regarding custody other than those expressly set forth
herein.
D, If any term, condition, clause, section, or provision of
this agreement shall be determined or declared to be void or invalid
in law or otherwise, only that term, condition, clause, section, 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 his
-6-
.
or her obligations under anyone or more of the articles and sections
herein shall in no way void or alter the remaining obligations of the
parties.
E. In the event either party to this agreement shall breach
any term, covenant or other obligation herein, the nonbreaching party
shall be entitled, in addition to all other remedies available at law
or in equity, to recover.from the breaching party all costs which the
nonbreaching party may incur including, but not limited to, filing
fees and reasonable attorney's fees, in any action or proceeding to
enforce the terms of this agreement.
F. This agreement shall survive any action for divorce and
decree of divorce and shall forever be binding upon the parties; and
any independent action may be brought, either at law or in equity, to
enforce the terms of this agreement by either Father or Mother until
it shall have been fully satisfied and performed. The consideration
for this agreement is the mutual benefits to be obtain by both of the
parties hereto in the covenants and agreements of each of the parties
to the other, The adequacy of the consideration for all agreements
herein contained is stipulated, confessed, and admitted by the parties
and the parties intend to be legally bound hereby.
-7-
.
.
IN WITNESS WHEREOP, the parties have set their hands and seals
the day and year first above written.
(lAAAIJIt;r../ j. dlnm{.?1
CRYSTAL L. SIMMONS
(SEAL)
c~~ ~Lw9
CHARLES G, SIMMONS
(SEAL)
-8-
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* : IN T1IE COURT OF COMMON PLEAS OF
( he" If~ S,"'.....~:. Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V :CIVIL ACTION - LAW
.
. (':t_. 1-9
* (rysk/ :NO. I ).,~Ij'H, CIVIL
SiMMOro Defendant :CUSTODY/VISI-TATION
ORDER OF COURT
AND NOW, this Y+fJalt~)" W/(, , upon consideration of the
attached complaint, it is hereby directe that the.parties_and
their respective counsel afJE!liJJ; efore "",,' S S",,,,llA l-s.-, ,
the conciJ..:i.ator, at . ' :-- -- - . '\ . fVJ.,,, ~f. Me,,!.,.,
on the '/f-!, day of fV)v.'L ,19,e" at ,:cv ..,..Ijin~.,;
M., for a Prehearing Custody t:onference. At such conference,
an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to be
heard 'by the court, and to enter into a temporary order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT:
By:
1-:' .t=St
. tip/
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 '1'0 FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717 )240-6200
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CHARLES SIMMONS,
Plaintiff
I
:
IN THE COURT OF C
CUMBERLAND COUNTY
CIVIL ACTION - Ll
.----.,-----.--.
.
.
v.
.
.
CRYSTAL SIMMONS,
Defendant
.
.
NO. 95-3856 CIVIL TERM
AND NOW,
ORDER OF COURT
this 2Q~day of March, 1996, upon consideration of
Plaintiff's Petition for Contempt of Court Order, a hearing on the
contempt aspect of the petition is SCHEDULED for Thursday, April
18, 1996, at 8:30 a.m., in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania. The Court Administrator is
REQUESTED to schedule the balance of the Petition for custody
conciliation.
BY THE COURT,
Debra A. Denison, Esq.
2331 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
Gerald Shekletski, Esq.
414 Bridge Street
P.O. Box E
New Cumberland, PA 17070
Attorney for Defendant
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CHARLES SIMMONS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 95-3856
CIVIL ACTION - LAW
IN DIVORCE
CRYSTAL SIMMONS,
:
Respondent
.
.
NOTICE AND ORDER
Legal proceedings have been brought against you alleging you
willfully disobeyed an order of Court for custody.
If you wish to defend against the claims set forth in the
following pages you may, but are not required, to file in writing
with the Court your defenses or objections.
Whether or not you file in writing with the Court your
defenses or objections, you must appear in person on
Day at O'clock at Courtroom
Cumberland County Courthouse, South Hanover Street, Carlisle, PA
17013.
IP YOU DO NOT APPEAR IN PERSON THE COURT MAY ISSUE A
WARRANT POR YOUR ARREST.
n THE COURT PINDS THAT YOU HAVE WILLPULLY PAlLED TO
COMPLY WITH ITS ORDER FOR CUSTODY, YOU MAY BE FOUND TO BE
IN CONTEMPT OP COURT AND COMMITTED TO JAIL, PINED OR
BOTH.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IP
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO PIND OUT WHERE
YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
BY THE COURT:
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CHARLES SIMMONS, I IN THE COURT OF COMMON PLEAS OF
Petitioner I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95 - 3856
I
CRYSTAL SIMMONS, I CIVIL ACTION - IN DIVORCE
Respondent :
ANSWER ~O PB~I~ION FOR
COH~BMP~ OF COUR~ ORDER
AND NOW comes the Respondent, Crystal Simmons, by and through her
attorneys, stone LaFaver 6< stone, and sets forth the following answers
to Petitioner's Petition for Contempt of Court Order.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. Respondent is without information to respond to the
averments of paragraph 8. By way of further response, Respondent
avers that she was never made aware of Petitioner making arrangements
for either the child's grandparents or anyone else to pick up the
child at school during Petitioner's custody period.
-1-
9. Denied. On the contrary, the Respondent avers that it is the
Petitioner and paternal grandparents who are engaging in conduct which
is not in the best interest of the minor child.
f
,
10. Denied.
a. Tuesday, January 8, 1996 - Respondent avers that on the
date in question, she was on her way to pick up the child at
Petitioner's residence traveling down Bridge Street in New Cumberland.
She saw the Petitioner with the child at the Turkey Hill on Bridge
Street in New Cumbe~land at approximately 6:45 p.m. and offered to
take the child with her at that time. She stated to the Petitioner
that she could also give the child supper. Petitioner thought about
this proposal for awhile and elected to have Respondent meet him at
his home and have the custody exchange occur there. The Petitioner's
home is approximately five minutes from the Turkey Hill in New
Cumberland. The time for custody exchange as set forth in the custody
agreement was 7:00 p.m. Upon arriving at Petitioner's home, the
Petitioner indicated that Respondent could take the child home with
her at that time. Respondent did not make a scene as averred by the
Petitioner. It must be noted here that at the time Petitioner
released custody of the child to Respondent, there was only approxi-
mately five minutes left until the end of his visitation period at
7:00 p.m.
b. Sunday, February 4, 1996 - On this date, Petitioner's
visitation period was to commence at 12:00 noon. Respondent's work
schedule on this date was from 10:00 a.m. to 7:00 p.m. Petitioner was
-2-
aware of Respondent's work schedule on this date and that he would
therefore have to pick up the child at her maternal grandmother's home
in New Cumberland approximately five minutes from the Respondent's
home. Petitioner had picked up the child at her maternal grand-
mother's on several prior occasions when Respondent's work schedule
commenced prior to Petitioner's visitation schedule with the child.
By way of further response, the Respondent avers that the maternal
grandmother tried to contact Petitioner by telephone between 10:00
a.m. and 11:30 a.m. on Sunday, February 4, 1996, to remind him to pick
up the child at her home and not at Respondent's home. Respondent
avers that Petitioner did not answer the maternal grandmother's
attempted telephone calls to him and that as a result the maternal
grandmother left a message for the Petitioner to remind him to pick up
the child at her residence and not the Respondent's home.
c. At the child's school, the children have a school
project where each of the children in class takes a turn taking the
class's guinea pig home for a weekend and caring for the guinea pig
during the weekend. Respondent tried to contact Petitioner at least
seven times during the week prior to the child's scheduled weekend for
taking care of the class's guinea pig but was unable to get in contact
with the Petitioner. It was very important to the child to take her
turn caring for the class's guinea pig. Respondent was not able to
contact Petitioner until approximately 15 minutes before his scheduled
visitation on the morning of Sunday, March 3, 1996. The Respondent
did state that the Petitioner could not pick up the child unless he
-3-
agreed pbrmit the child to bring the guinea pig with her. Petitioner
over-reacted and brought the New Cumberland Police to the Respondent's
home. The New Cumberland Police tried to reason with the Petitioner
to take the guinea pig as it was very important to his daughter to
take care of the guinea pig but the Petitioner adamantly and stead-
fastly continued to refuse to honor his daughter's wishes and desires.
d. Sunday, March 17, 1996 - Once again, this was a Sunday
where the Respondent was scheduled to commence work at 10:00 a.m. and
work until 7:00 p.m. The Petitioner was fully aware of the
Respondent's work schedule and also was aware that he was to pick up
the child at the maternal grandmother's home on this date. By way of
further response, the Respondent incorporates by reference herein her
response to paragraph 10.b. above.
e. Tuesday, March 19, 1996 - Contrary to the averments set
forth in the petition, the Respondent was not aware of any alternative
arrangements which the Petitioner made to pick up the child at school.
The Respondent heard through a friend that there was a woman, unknown
to the Respondent, picking up the child at school and Respondent
became very concerned as a result. By way of further response, the
Respondent avers that she did contact the school and told the school
not to release the child to the woman in question as the Respondent
did not know this woman and further had not been contacted by the
Petitioner to let her know that he had made alternative arrangements
to have the child picked up at school. The Respondent had nothing
-4-
-. ~ ,
whatsoever to do with the averred termination of school bus service to
the Petitioner's home.
f. Tuesday, March 19, 1996 - On the contrary, Respondent
went to the school on the date in question to find out who was picking
up her daughter. Upon arriving at the school, she discovered that it
was a woman whom she did not know and thereupon told the woman that
since she did not know her and since Petitioner had not made nor
informed her of alternative arrangements to pick up the child at
school, that she could not permit her to take the child from the
school.
11. Denied. On the contrary, the Respondent avers that it is
the Petitioner who is engaging in behavior which is contrary to the
best interest of the child and it is the Petitioner who is not
complying with the order of this Court.
12. Denied. On the contrary, the Respondent avers that the
Petitioner and the paternal grandparents are acting in a manner which
is contrary to the best interest of the child.
13. Denied. The Respondent denies that she has caused Petition-
er to lose any visitation at all with the child and that if the
Petitioner has in fact lost visitation, it is as a result of his own
actions and not her's. Further, the Respondent avers that the child
spends in excess of 50% of visitation that she is to have with her
father in fact with the paternal grandparents.
14. Denied. The Respondent denies that the child has suffered
through arguments and abusive language and continual disruption of her
-5-
custody schedule as a result of her actions and on the contrary, avers
that any arguments or abusive language or disruption of the child's
custody schedule that may have occurred are due to the conduct of the
Petitioner and paternal grandparents.
WHEREFORE, Respondent respectfully requests that the Petitioner's
petition be denied in its entirety. Further, Respondent further
respectfully requests this Honorable Court to enter an order requiring
the Petitioner to pay her legal fees in defending this matter and to
enter an order for such additional relief on behalf of the Respondent
as this Court deems just and appropriate.
Respectfully submitted,
& STONE
B
- ,:ft4:K.
. Shekletski, Esquire
for Respondent
-6-
pd'-l.\t.verlfl.eff
'lERIFICATlON
CRYSTAL L. SIMMONS states that she is theRcRpondcnt named in the
foregoing instrument and that she is acquainted with the facts set
forth in the foregoing instrument; that the same are true and correct
to the bsst of her knowledge, information and belief; and that this
statement is made subject to the penalties of 18 Pa. C.S.A. 54904
relating to unsworn falsification to authorities.
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(,A-tIt/'k~ I Clm/l/tl~
CRYSTAL L. SIMMONS
Date:
'1- q- tiCt
pd\.1.\1..rv1c..c.~
ImR'nlPlCATB OF -~VlCE
I, Gerald J. Shekletski, Esquire, of the law firm of Stone
LaFaver , Stone, attorneys for Respondent, Crystal Simmons, do certify
that on this date I served the within instrument on Petitioner's
counsel of record by first class mail, postage prepaid, a true and
correct copy addressed as follows:
Debra A. Denison
Attorney at Law
Reager , Adler
2331 Market Street
Camp Hill, PA 17011
DATE: ~...: ..t.
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CHARLES SIMMONS,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-3856 CIVIL TERM
CRYSTAL SIMMONS,
Respondent
CIVIL ACTION - LAW
IN DIVORCE
IN RE: MODIFICATION OF ORDER
ORDER OF COURT
AND NOW, this 18th day of April, 1996, upon
,
consideration of the Plaintiff's Petition for Contempt of Court
Order and the Defendant's Answer to Petition for Contempt of
Court Order, and pursuant to an agreement reached in open court
among the parties and their counsel, Debra A. Denison, Esquire,
on behalf of the Plaintiff and Gerald J. Shekletski, Esquire, on
behalf of the Defendant, the Order of Court dated January 4,
1996, is modified to provide as follows:
1. Paragraph 2(a) of the agreement is modified as
follows: Mother shall be responsible for giving notice to
Father as to where Father shall pick up Amanda Nichole Simmons
no later than the Wednesday immediately preceding the Sunday
custody exchange. Father may pick up Amanda Nichole Simmons no
later than 8:30 a.m. on those Sunday mornings when Mother starts
work prior to 12:00 p.m. Father shall give Mother notice no
later than 5:00 p.m. on the Friday immediately preceding the
sunday custody exchange if he elects to exercise his rights to
pick up Amanda Nichole Simmons at 8:30 a.m, Notice between
Mother and Father may be by telephone communication. Mother's
Wednesday notice shall be given to Father no later than 5:00
:,/
.
p.m. on the Wednesday immediately preceding the Sunday custody
exchange.
2. Paragraph 2(a) of the custody agreement shall be
modified to indicate that transportation of the child may be
provided by the maternal or paternal grandparents, either of the
parents, or Karen Reynolds.
The plaintiff's Petition for contempt of Court
Order is DEEMED WITHDRAWN.
By the Court,
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Debra A. Denison, Esquire
For the Plaintiff
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Gerald J. Shekletski, Esquire
For the Defendant
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CHARLES SIMMONS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY PENNSYLVANIA
.
.
.
vs. CIVIL ACTION - LAW
. NO. 95-3856
.
CRYSTAL SIMMONS, .
.
Defendant : CUSTODY/VISITATION
aIDER OF CXlURT
AND NCIf, this 28th day of ~lay, 1996, the Conciliator being
advised by Plaintiff's counsel that all custody issues have been resolved
by agreement of the parties, hereby relinquishes jurisdiction in this case.
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Dawn S. sunday, Esqu:;;t
Custody Conciliator
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CHARLES S1MMC?~~ III 51
IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
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Petitioner
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NO, 95-3856
CRYSTAL SIMMONS,
CIVIL ACTION - LAW
Respondent
IN DIVORCE
ORDER
AND NOW, this (. ft. day of ~ dl\t'
, 1996, upon agreement of the parties, it is
ORDERED that the Custody Order dated April 18, 1996, shall be amended as follows:
I. Paragraph 2.A. of the custody agreement is deleted in its entirety and the
following is substituted therefore:
Mother and Father agree to share physical custody of Amanda Nicole
Simmons, The Father shall have physical custody of Amanda Nicole
Simmons every week from 8:00 P.M. on Friday until 8;00 P.M, on
Sunday, Mother shall have physical custody of Amanda Nicole Simmons
from 8;00 P.M. Sunday until 8:00 P.M. Friday. Father shall be
responsible to pick up thc child at the Mother's home at his scheduled
time of visitation or at another location acceptable to Mother and Father.
Mother shall be responsible to pick up the child at the Father's home at
her scheduled time of visitation or at another location acceptable to
Mother and Father.
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It is further ORDERED that the remaining terms of the January 2, 1996 Order shall
remain in full force and effect.
BY THE COURT
By:
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MODIFICATION OF CUSTODY AGREEMENT
THIS Modification of Custody Agreement is made this ~ day of
May, 1996, by and between CRYSTAL L. SIMMONS of Cumberland County,
Pennsylvania, hereinafter referred to as "Mother", and CHARLES G.
SIMMONS of York County, Pennsylvania, hereinafter referred to as
"Father".
WIT II E SSE T HI
HBEREAS, Mother and Father are parties to a custody and visita-
tion agreement dated January 2, 1996, modified by order of court dated
April 18, 1996~ and
WHEREAS, Mother and Father desire to further modify the agreement
in accordance with the terms hereinafter set forth.
NOW, THEREFORE, in consideration of the mutually made and to be
kept promises set forth herein and further good and valuable consider-
ation, the parties hereto, intending to be legally bound and to
legally bind their heirs, successors, assigns and personal representa-
tives, hereby covenant, promise and agree as follow:
1. Recitals. The recitals set forth above are incorporated by
reference herein as though fully set forth at length.
2. Modification. Paragraph 2.A. of the custody agreement is
deleted in its entirety and the following is substituted therefor I
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Mother and Father agree to share physical custody of AMANDA
NICOLB SIMMONS. The Father shall have physical custody of Amanda
Nicole Simmons every week from 8:00 p.m. on Friday until 8:00 p.m. on
Sunday. Mother shall have physical custody of Amanda Nicole Simmons
from 8:00 p.m. Sunday until 8:00 p.m. Friday. Father shall be respon-
sible to pick up the child at the Mother's home at his scheduled time
of visitation or at another location acceptable to Mother and Father.
Mother shall be responsible to pick up the child at the scheduled time
of visitation at a location acceptable to Mother and Father.
3. Full Force and Effect. Except as modified herein, the terms
of the custody agreement of January 2, 1996, modified by the order of
court dated April 18, 1996, shall remain in full force and effect and
the terms or same are hereby ratified and confirmed by the parties.
. 4. Order of Court. Mother and Father agree that this modifica-
tion agreement shall be made an order of court in the Court of Common
Pleas of Cumberland County, Pennsylvania.
IN WI~SS WHEREOF, Mother and Father have executed this
MOdification of Custody Agreement as of the day and year first above
written.
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L. SIMMONS, Mother
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CHARLES G. SIMMONS, Father
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