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":~. . ~1 '~~l .>-:_~. .} "1?; :~ , .f~; jJ':. . ,,' ':, . ,~,-:,. ." , , ;: ;, ~}: :,~ , '. ~"( ;; ,"j. :,-', .' .' . , : ;"~ ;. ':"-'" , ;'~L '.' i"""" ,." , ~,< ..: ~w.. .;c-' .~ *. *. -:c- *.*..*. 'lICo~ -:+~ .:C- .:.:. .:c- -:+:. .:c- .:.:. .:c- ':<<"X:':C-::'lI'II,...:~.:c-:-:c-' <C-'olIC<>M<~ ~ 8 . . . ~ ~ " ~ @ ;,; . ~ . ~ . ~ ~ ~ ~ ,-,' 8 f ~ DECREE IN ~ D I V 0 R C E;k J!} : l/." 1;11, : . . . ~ . . . " 19 96. . . ., it is ordered and ~ " " ~ 8 ~ ~ ..~ ~ ~ " ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '*' PENNA. M .' S s ~ ., $ 8 ~ ....... ......PLAIm'IFF.... ........ .,.,....................."... ij il N (). 95::,,~169...C1Yi1................ 1995 M .' ,...THOMAS..G..BRaiN.... . M .' ~ VCI'SlIS i ... ..J~OIlIN L....EI~ .', :, . DEFENDAm' " ., " ,', e w '.' i '.' ~l '.' ~ AND NOW, ~~ 8 ~ ~ ~ :: il ................. il ]1 decreed that.. .'tIl~ .G"aaQIm... .., . ..... ..................., plaintiff, and.. ROBIN. L.. BROWN..... .... .. . ..... ... . .. ...... .... ........, defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE. The Property and CUstody Settlement Agreeroont of the parties dated December 11, 1995 and attached hereto as EKhibit "A" is hereby .i?~.r~.rf1.t.e? PY. .r~.f~.r~?~~. p~.r~.i.n. .a.n.d. .sp?l.l. )1!lyl'l. );Pl'l. !!l?~. .fp.r~. ilJ'lfl. l'lF.ff!';t-. fls if it had been originally entered as an Order of Court provided; however, that .the said Ag.reeaent shall. not. merge w,ittJ, .t;h,is. Ocdec. but. sha.J..l. ceta,in. its. . . . contractual value. w '.' 8 ,~ ~ ~ " ~ 8 ~ ~ " ~ ~ ~ ~ .' ~ ~--_.. ,-*=- .. -:.:. s s .~ ~ ~ '.' ~ $ s ~ !~ r: I~ ~~ " ,-, -"~ "---~"""'''''-'''~''~~''---''''''' ,~ *'~*****-~-****~**_ro__ .3'~7.~ t~vI- (~ ~~ ~ ~~ ~ :J'd).ft >~ I~ 1t~. J .. . , . " . . THIS AGREEMENT, made this / /.fA day of 0f NItl/vr. 1995, by and between THOMAS G. BROWN. hereinafter rcCerred to as "Husband"; and ROBIN L. BROWN, hereinafter referred to as "Wife". WIT N E SSE T H: WHEREAS, the Parties hereto are Husband and Wife having been married on or about November 25. 1990, at B"ughman Memorial United Methodist Church. New Cumberland. Cumberland County. Pennsylvania, with one (I) child resulting from the marriage; namely, Erica R. Brown born on May 28, 1991. WHEREAS. diverse unhappy differences, disputes and difficulties have arisen between the Parties, and it Is the intention of the Parties to sellle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage, including but not necessarily limited to: A. The sellling of nil mailers between them relnting to ownership and equitnble distribution of renl and personnl property; B. The sellling of nil m"lIers between them rel"ting to p"st. present and future support. alimony and/or maintenance of Husband by Wife or Wife by Husb"nd; C. The sellling of "II m"'ters between them rel"ting to custody of the child; D. In general. the sellling of any "nd all cl"ims nnd possible c1nims by one against the other or against their respective estates. , 4 , . WHEREAS. Husband bas been independenl\y represented by Attorney Karl M. Lcdebohm, and Wife, cogni7.ant of her right to legal representation, and having had full opportunity to obtain counsel, declares that it is her express. voluntary and knowing intcntion not to avail herself of independcnt counsel and chooses instead to rcprcsent hcrself with rcspect to thc preparation and execution of this Agreement. NOW THEREFORE, for and in consideration of the mutual benefits to be derived by the Parties and intending to be legally bound hereby, the Parties hereby covenant and agree a.~ follows: 1. SEPARATION: Husband and Wife may and shall, at all times hereinafter mentioned, Iivc separate and apart. Each shall be free from all control. restraint, interference or authority, direct or indirect. by the otber. in all respects. as if be or she were unmarried. Each may rcside at such place or places as he or she may select. 2. MARITAL ASSETS: The Marital assets of the Parties consist of household furnishings and personal property, individual checking and savings accounts not in excess of $1,000.00. 3. INCOME: Husband is presently employed by York Imperial Plastics and earns approximately $1,724.73 monthly net income. as set forth on Exhibit "A" attached hereto and incorporated herein by reference. Wife is presently employed by the Health South Corporation and earns approximately $991.1I11 monthly net income. as set forth on Exhibit "B" attachcd hereto and ineorporated herein by reference. 4. MARITAL DEBTS: During the course of the marriage, Wire and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed. without the necessity of aseertainlng for what purpose and to who's use each of the bills 2 . ~. , .' were incurred, that except as set forth herein. the Parties shall be responsible for the debts that each has separately incurred prior to or after the date hereof and shall indemnify and save harmless each other for same. Husband agrees to a.~sume and pay the following credit card balances in Husband's name alone: A. Sears, Zales and Visa charge cards in the approximate amount of 51.954.00. B. Consolidation loan to Husband's grandmother in the approximate amount of 54.000.00. C. Repayment of loan 10 Husband's parcnts in the approximate amount of 52,000.00. Husband further agrees to indemnify and save harmless Wife for the payment of the above debts. Wife agrees to assume and pay the outstanding loan for the purchase during thc marriage of a 1987 Chevrolet Cavalier in Wife's name alone in thc approximate amount of 52,600.00; and to indemnify and save harmless Husband for same. 5. APPRAISAL: The Parties acknowledge and agree that thcy have each had an opportunity to value or have appraised any and all marital property; and they do hereby waive a formal appraisal and inventory of same. and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 6. HUSBAND'S PROPERTY: Husband shall have as his sole and separatc property all household furnishings and personal property now in his possession and all bank accounts now in his name alone. 7. WIFE'S PROPERTY: Wifc shall havc a.~ hcr solc and separate property all household furnishings and personal property now in her pos.o;cssion and 0111 bank accounts now 3 ., ., '. " in her name alone. 8. PENSIONS: Eaeh party shall retain as his or her own separate property, any pension, stoek. savings, retirement or other plan through his/her place of employment whether vested or non vested. and both Husband and Wife specirieally waive any right that either may have In the said pension. stock. savings retirement or other plan of the other that Husband or Wife may have acquircd thereto by their marriage to each othcr. Each party shall bc and rcmain thc solc owncr of any othcr asset in his or hcr control not specirically covered by this Agrcemcnt. 9. POST-SEPARATION PROPERTY: Each of thc Partics shall own and enjoy independently of any claims or right of the othcr, all itcms of personal property. tangible or intangiblc, acquircd by him or hcr ancr July 14, 1995. thc datc of separation, with full JXlwcr in him or hcr to dispose of the same as fully and effcctivcly, in all rcspects and for all purposes, as though hc or shc wcre unmarricd. to. CHILD SUPPORT: Thc Partics acknowlcdge and agrce that thc Support Order entercd by thc Cumberland County Court of Common Picas on Novembcr 2. 1995 to docket number 1297 S 1995, a copy of which is attached hercto and incorporated by refcrence hcrein as Exhibit "C", shall and rcmain in full forcc and effect subjcct to the rcvicw and modirication of samc from timc to timc by thc Court or by application by thc Partics to thc Court for such modification. Wifc acknowlcdgcs and agrccs that shc was indcpendcntly rcprcsentcd by Attorncy Robert P. Klinc of 32 South Bedford Strcet. Carlislc. Pcnnsylvania in conncction with thc agrccmcnt of thc parties to cntcr thc said Support Order as evidcnccd by Exhibit "0". attachcd hcrcto and incorporatcd hcrein by refercnce. 4 ":'~'<:',i.~",-":" " ". II, J,.EGAL FEES: Each party shall pay his or her own legal fees incurred in connection with preparing this Agreement; any documents necessary for entry of the Support Order set forth in paragraph 10 herein and filing for and obtaining an uncontested. No-Fault Divorce. 12. ESTATE RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever diseharge the other in the Estate of such other for all time to come and for all purposes whatsoever. of and from any and all rights, titles and interests or claims in or against the Estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the Estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or hy way of dower or curtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a Iifetiml' conveyance by the other as testamentary. or all other rights of a surviving spouse to participate in a deceased spouse's estate. whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or any right which either party may have or at any time hereafter have against the other for past. present or future support or maintenance, alimony. alimony pendente lile. counsel fees, costs or expenses, whether nrising as a result of the mnrital rellltionship or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement, the said Support Order entered by the Cumberland County Court of Common Plea.~ or other court of competent jurisdiction, or for the breach of any part thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, 5 , hannles.~ and keep the other indemnified from all dehls. charges and Iiahilities incurred by lhe other prior to or after the date hereof except as otherwise specified herein. 16. ALIMONY: Husband lInd Wife both agree that they have heen respectively advised and are aware of lhe contents of the provisions of the Divorce Code of 1980. as amended, In Pennsylvania wherein considerations are set forth in determining an appropriale amount. if any. to be paid in lhe form of alimony. Afler being fully advised of the contenls of the Divorce Code of 19110. as amended, both Parties volunlarily and intelligenlly waive lInd relinquish any righl to seek from the other paymenl for support. alimony and maintcnance except as otherwise provided for herein. 17. CUSTODY: Husband shall have primary physical custody of the said child, Erica R. Brown; however, Wife shall have parlial custody for purposes of visitation. Wife and Husband shall have shared legal cuslody of Erica. Wife shall have liberal visitation as the Parties may agree. In the event the Parties do nol agree, Wife shall have custody of Erica as follows: A. Every olher weekend from Friday at 6:0() p.m. unlilthe following Sunday at 6:00 p.m.. provided Wife is off from work during said period. and provided Wife gives Husband 48 hours prior notice of her intention 10 take lhe child; B. One evening per week provided Wife gives Husband 24 hours prior notice; C. For a period of lhree (3) weeks during those summer months in which Erica is not in sehool provided Wife gives Husband ten (10) days prior wrillen notice. In the event said cuslody to Wife interferes with Husband's preplanned vacation, the Parties shall agree 10 allernate times of similar visitalion; 7 ~ D. The following holidays arc to be alternated between Husband and Wife: Fourth of July, Labor Day, New Year's Day. Memorial Day, Thanksgiving and Easter with Wife to have custody from 9:30 a.m. untilll:(JO p.m. on those holidays for which she is scheduled to have custody, similarly. Husband shall have custody from 9:30 a.m. untilll:lIl1 p.m. on those holidays which fall on days otheEWise granted to Wife herein. E. Christmas: Wife shall have custody of Erica from 9:1I0 a.m., December 24, 1995 to 8:00 a.m., December 25, 1995, with Husband to have Erica from 8:00 a.m. until 5:00 p.m.. December 25, 1995. Same shall alternate from year to year. The aforementioned holiday schedule shall supcrsede the weekend sehedule. F. In the event that any of the above grants of partial custody and visitation to Wife interfere with Husband's pre planned vacation or Erica's educational responsibilities with respect to grade school or high school, the Parties shall agree to alternate times of partial eustody and visitation with Wife's missed time to be made up on a weekend but not supcrseding the weekend sehedule. G. Neither party shall remove the child from the Commonwealth of Pennsylvania for the purpose of rcIocating without having obtained the wrillen consent of the other party. Both Parties agree to promptly inform the other of any change in residence of either party including address and telephone number. If either party intends to travcI with the child outside the Commonwealth of Pennsylvania for vacation or other purpose, said parent. prior to departure, shall provide the other parent with wrillen notice of the destination of the child and the telephone number and spcclfic addres.~ where the child can be located. II .. 18. ENTRY AS PART OF DECREE: A decree in divorce. entered by a court of competent jurisdiction to either Party, shall not suspend, superscde or affect the terms of this Agreement. Both Parties agree to enter. on or before December IS, 1995, a Conscnt Order or orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania. or any other Court of competent jurisdiction. as a part of a resolution of any divorce action filed or to be filed. This Agreement. and the terms and conditions contained herein. as well as the enforcement of said terms and conditions, shall not be contingent u(ll1n the granting of a Divorce Decree to either Party by the Court of Common Pleas of Cumberland County. Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both Parties hereto agree to timely execute the appropriate affidavits and consents to secure a No. Faull Divorce as may be required by the Divorce Code of 1980, as amended. Both Parties hereto agree that this Agreement may be incor(lOrated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County. Pennsylvania. 19. DIVORCE ACTION: Husband and Wife acknowledge that Husband has instituted a No. Fault Divorce Action docketed to No. 95.4769 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. pursuant to Section 3301 (e) of the Pennsylvania Divorce Code, Act 26 of I 9811. as may be amended (hereinafter referred to as the "Code"). The provisions of this Agreement may be incorporated in any divorce decree that may be entered granting a decree of absolute divorce. 20. INTENT TO FINALIZE DIVORCE: Husband and Wife covenant and agree that u(ll1n request of the other party. they will forthwith execute and deliver to the other Party any 9 . and all written instruments. assignments, releases, satisfactions. deeds. notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. DISCLOSURE: Each of the Parties hereto represents to the other that he or she has made a full, complete and accurate diselosure of all assets that he or she may own individually or jointly being as herein set forth at the time this Agreement has been entered or executed. 22. VOLUNTARY EXECUTION OF AGREEMENT: The provisions of this Agreement are fully understood by both Parties, and each party acknowledges that this Agreement is fair and equitahle, that it is heing entered into voluntarily and that it is not the result of any duress or any undue innuenee. 23. BREACH: If either party hreaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such hreach. The party breaching this Agreement shall be responsible for the payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or seeking such other remedy or relief as may be available to him or her. 24. INVALIDITY OF TERMS: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall he stricken from this Agreement and in all other respects this Agreement shall he valid and continue in full force, effect and operation. Likewise the failure of any party to meet his or her ohligations under anyone or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining ohligations of the Parties. 10 .. I I .. I ~l u I , .e ~+ .. : .v. i I i I I I I I . . . . , . 4 . , t .. .. .. .. , .. .. .. .. .. .. .. , .. .. .. . . , ., " .. .. .. .. , .., .. .. I .. .. .. .. , '" .. .. .. . . . .1 . . ., I ! , I I ...... . .. .. .. ... .. .. A.. . .. .. .. .., .. .. .... . . ., .: 0 .. .. .. .. :~ .. III .. .. .. , .. .. .. .. .. .. 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" .. . ..I ", ., =i .1 ~I ... o .. ,. .. . " .. .. w u. .. .. u .. .. .. .. oC .. o .. .. ~I :if '" .. oC .. o .. I. Ii ,. " " " " , " . . .. . i: I. II 0' I: I: ': . . . . . . o. o. . . ,.. ,.. .. . ': . . , . . . . .. . " '. I . '. I I o .. .' .. .. .. ,. rn Ill'"'. "';K """'litH 006111 IlOClOeI ~ 1lIlOOI7170 , Earnings Statement HEALTH~ c~tlon. ll\I.rATIENT DN1SION TWO I'ERIMl!TlA PARl\ SOUTH IIRMlNGHAM. AI. 31243 lloclII8eCIlI1ty Number: 17&-5'" 1 17 T...... MII",llIIIu" MIIrltd l!M/lIPIIOMIAIIowlonOn: . ,..,... 0 ll\lIIlt: LoW 0 ... period 6)1.le 11.72 41.83 16.tO ill.......... ... ...... .....70 ...7 '~':'rW.:.:".,,~..~:::-;'F~,::;''..i:':,";..... ,....;- rile IlOUrI 78.00 12.00 .t.IUlo", .,edtral lneOlM Till 8oc:i1l s.cur1lV Till MldicWtTIll P/II 811I1" IPcOmI Till MlCI\8IlICIbUr lnoome TM P/II SUII8DI , III .114.48 .37.78 .11,11) '18.711 .6.7t '0.74 ~U"I.fV Hmo 125 Dap o.nlal 125 I. MacWtn T iLiot -=! ......""...... .:""..-......~ .".. &: .~ .::.:,C.".....".. ;':;.:. ....... ..~~.. f.....~ . ."11.00. -10.00' -2.tiO- Ptriod Ending: Pay oal.: '0)/11 19~ 0)"7195 ROBIN L. BROWN 2" MARKET ST NEW C:UMBERL.AND PA 17070 Y'" 10 till" 5)1.18 11.72 4t .1l3 24.60 1. t90.oa 86.22 66.16 t5.47 ~).)) 11.90 1.3t 98.00 20.00 6.00 10.00 . excluded trom Itcltra' taxable Man VOAlI ~r" laublt wages !hie period '"' S6Oll.4) ~LG EXHIBIT "B" ,- \..\...'- Earnlna. 'fWgutar ShifI DIll OYenlme '0Wrime P'Mn . Deductlona on, FILf Di~I. ~ NUIl8l" DlR 000111 0000t I H ooooea I ". 1 H!!5!"'OOM7fj}IJ ~~to.v.:lON . TWO PEflMm ,"'* SOUTH IlIIMINlIHAM. AL 312'3 IoclIlIeourllV H,,",,*' ,.,.....1117 T...................' MIll,... ~a. Ala.: ,1cItr1l: 0 lIlIIle: LOIllII: 0 ,... .....,. 10.00 "'.. ...,IM a.4.1O 16.10 DI"'~.~~-'51i~.....'E"'JMl .ta~ Federal Ta Social 8ec:lllt1y TM h'edlCer. Ta PII 81a1a InccIrM TM MtchlIr.iolllur IncolM Tax I'll aulllSOl Ta .47.)2 .)4.82 .1.15 '15.72 -5.62 .O.OR Valuntarv Hmo T lZI o.p o.nlII 121 E. MMoOtn ~-~~=:~:~ ~ Earnings Statement - . Period Ending: Pay Dlte: 0)fl5/1l6 0)/)1/85 ROBIN L. BROWN 211 MARKET 8T NEW CUM.ERLAND PA 17070 YM' to 1M" 1.076.N 41.)0 II. 72 41." 1.71\.68 UI.54 loo.N Z).IS! 4'.05 17.&2 1.VJ N.oo 10.00 ao.oo 6.00 Vu ~ lIICIbM WIgtt .,. I*lod .,. $561.60 . .".~.'" . EXHIBIT "B" (CONTINUED) . RllB co. 'I\P. DCI"I. .'";iClI NUWlFR D$lI llOelll IlllOOOl ""'" H IlllOOOM~8 , .Earnf1(gs Statem.nt ~ , !!2fi!]I~ /N-I'AT.Nl UIVI81CN TWO ""1M1TER I'AIIlC $OUTH IIIAMlHQHAM, AI. :lU~:I llocIaI8eculry Nu""",, 17$05. \117 T..... ........ _a: MameIl 1i~/AIIowMcea: ,elleql; 0 GIlIIt; l.OOIlI: 0 P,rlod EnllinlJ: P't Dal'; 04/08,9$ 04/1~m ROBIN L. BROWN 211 MARKET 8T . NEW CUMBERLAMD PA 17070 lb. ,.,..... 044 .lIO 114.48 ZI.n 10.60 l) ':1" --.. - - ..,,~,,_.....,.. ,Ot,. .v.....~':.::...:..-......_... .. 'u .. . . '" . ""---.- ~. "... r.wo IlOIn 10.00 '.00 y..r 10 .... 1.620,71 130.20 70.06 liIO.to 2,3080lll 81l1IUIOrv Ftdtr" Incomt Tax .60.110 184.44 80clII s.curitt Till . .36.)0 137.28 ~II,T.. .....0 32.11 PA 8tall Income Till .1'.111 07.17 . MlchInIoIblll' Incomt Tax '6.47 f). Oil PA UUIJ8Dl T.. .0.71 2.114 VoIuntarv Hmo .4V.UO. '''7.00 125 Dep DonlII '10.00. 30.00 125 E. Mtd.O,n .2. fill. 7.60 T 1000 .... ~"n~,..~:.:..,...:.:...._-";;':':..';~-":::"..."";~lIa~ .. - .....--.. ~........_........_~..~. .... · IllOkI\leCI Irom 1edet'1' I.llabll WIllI' Your 1tdIr81 IUabIt wlge' "'* JrOriod Ifl Sti8S. 5. ......." .. Ru~ EXHIBIT "8" (CONTINUED) en. Ill' otPT, _~... NUMIlfn DIll 001111 ~(.) H 00CI0t025N Earrffngs Statement . ~.,.,.,~ IN-PATIINT DMlION TWO P!1IlMII'mI PAAK SOUTH DlIIMlNCIHAM, AL 31243 1ocIIlI,"",1I1 NumbIf: 175....1117 TUlIIIle Mu'" .....,.: MlIInId ~_: F".a 0 . 1l8I.: I.tcaI: 0 PlIIlod Ending: Pay Oelt: 04/22,95 04128,95 ROBIN L. BROWN 211 MARKET 8T NeW CUMBERLAND PA '7070 IImlna. Rtgulw Ov.",", Ov.nImt Pr.m Shill 0llI tIlII "rlod ~1.~ 112.37 17.74 13,05 Q'''~~~.it;::::'~-:'-';':7=:,,'.:..;',~:;:':IIII..'1f~: lloult 116.00 16.SO Y'" ... de" 2.00a.14 2411.117 127.80 74.G6 2.863.81 ,... Dlcluotlona lle&ulO1'Y ',l, . Fldtrll Incomt Tall .)1.&2 223.06 &oclIiI 8ecurily Ta. .'1.23 160.61 MtdIcIl" Tall -7,30 39.41 PA 81al1 Income Tax .15.&2 82.99 MecNnICIbur Incomt 1 all .5.05 29.64 PA SUII8DI Ta .0.62 3.20 Vofunl.rv Hmo .49.00. 196.00 , 115 DIp DtnlIII .10.00. 40.00 125 h Med,O... ,2.50. 10.00 T 10.00 !!i:~n:~';':;:~=:"'.~':"l404'-." '. ......~- ....._-~.'"._... ..." · IIIOIuded 'rom 'teI.ral I...bl. WIll" Vovr ltcMrll ...Ille WlIgef lhiI period ar. sea3. 62 '.....'1,... EXHIBIT "B" (CONTINVED) \ Lr? 7 Earnlna. Reg\IIW HolIdey Shift Dill Ovorllme Cont Eduetlion overlirM pr.m CO, ,IUI D'Pl, ~ NUUHII DIll 001'" ClOOOI' II CIClOOIII661 , fIEAt,,~ w~ DMIlOH TWO "1IlMIT!ft "ARK SOUTH IIIIIMIHCltWiI. Ai. 31243 IoclII a.ourrv""""': \10...." 11 T...... .......llIelut: tMmed l!~~ ,"".. 0 ....: ,-'= 0 ,... ..... 7lI.00 '.00 lIIlI ,.rIM 4DO.12 &4.41 16.10 ~M~.~~~~ci;'._t:~~ "eLu~ Fecltr. Tax 8oc:lIl ..c:urt1V Tax M,dic.. Tax PA I. ~ Ta MICI\MlOIbUr Inoon1e Tax PA eullBDl Tax .)8.09 .)1. 00 .7.25 .'5.72 .1I.~ .D.62 yDlunl.rv H/llCI .411.00. In DIp Denial .10.00. lao i. Med,Oen .2.1100 T .' ....:;J!fi;;:i:.~::::.~.""~,.IlL') o. ruto..,. 2.4112.46 54." 1I1.3S 248.57 510.75 127.80 ').&26.41 . "'.15 Illll.51 40.86 81.71 )11." J.II 245.00 so. 00 12.110 10.00 . 11I~~1dM from feel...., IaxIbII WlItI88 Ywt ...... ....,.. WlIOM 1hiI porIod .. llIOO.l0 . -. Earnl'figa Statement P.rlocI IlncllnQ: Pay Oat,: . Oll/lM>lllO 0ll/12190 ROBIN L. BROWN 211 MARKET IT NEW CUMBERLAND PA 17070 ........... EXHIBIT "B" (CONTINUED) .l(j ~ hn\lna. Rtgu\er 8hIII Pit! Ovet\llne CelIII Educalio!1 HOIllIay Overume Prem w. flU. DEI'I...-..:lCl( NUMI.ILII OJ.II 000161 DOOO6I'5V H OOOCD2315Z HEALTH~ COf'P9"!Jtlon' ..-'ATIiNT DIVISION TWU I'tICIMITIII ,NlJI, SOUTH IIAMlNCiHAM. AI. :tIIl!':) ..., hcurIIy Numl>er; 175.M-lll' 1 uable ..............: M.med ExamplloMl~: ,.....01. 0 -; LooaI: u .... ..... 10.00 ..... ..... .... .10 16.10 0'* ..-.av......::~.:: :.~.:~..'....:.'I;;:,.:.~.._. ..... ~, .~"" ..... ...__1.... ........ alellllorv Feeleral InCom8 TIIlC 80cilII 8eounty IIIlC Mtdicara Tax PI. 81e" I~ Tax MecII..-bUr Income Tax PI. BUIJtDI Till -38.08 ." .01 .7.20 -15.72 .5.62 -0.62 VoIun"N Hmo 12& Dap DenIal 125 E' MecWen T ... ...... - -.. ........-- ....I.~AIY .~.-:.'....:.;,::':..::"":~.:""'..":;: :'-...,,1. ,.:. -49.00. -10.00. -2.60. ye., I. .... J.on.26 lOll. 15 248.57 510.75 54.48 11l7.1O ..A.087.01 21111.24 230.52 5J.~ 114.4J 4U.88 4.10 2114.00 6000 15.00 10.00 . EIlolllcltcl frO/ll ltcltrll "ubl, WflI" 'iN ftdatal IIll8bIt wagea II'liI period ara '500.10 Earn'Mgs Statement Ptflocl ~nclIng: Pay Oal'; 011/2011" 0lI/20195 ROBIN L. BROWN 211 MARKET ST NEW CUMBERLAND PA 17070 EXHIBIT "B" (CONTINUED) R.LB m . I" t. . o - --.. DR 24,642 moMAS O. BROWN PLAINTIFF : IN THE COURT OP COMMON PLEAA OP : CUMBERLAND COUNTY. PENNSYLVANIA . . VS : DOMESTIC RELATIONS SECTION : CMLACTION -SUPPORT ROBIN L. BROWN . . DEFENDANT: NO. 1297 S 1995 ORDER 011' COURT AND NOW. thia ~ clay or November. 1995. b&IIId upon Ibo Court'a dolllrmillllion that PIllInlilJ'J moolhly not inCOll\oIoaming cap.1ei1y is $~. and Dofondanra moolhly net inoomoIoamins CIIf*liIy ia S..trIA.. it ia hereby ordcnxI that the Defendant pay to the Domc.tlc ReIatiooI Soelion. Cowl of Common Pleas, S 290.00 a month poyablo 167.00 Der WIllI!.: oIToetivo. 9/27195. Amaruot at S 335.00 1II of 1112195 (with tho Iut paymont cIalo of.l:!ltt.). arc duc 10 rull IMMRDIATm. Y. Coalcmpt pl'OllCCdinsa. cn:dit bureau reportias and tax refund olnot oortlflcallon and ontranoo ora judgomont may be hold in abeyanco as long u Dorondanl pays S 5.00 DIll' week 00 11'I'OII'I 0lICb paymwlt cIalo. FaiJul'O CO mako 0lICb paymont 00 limo and in JUIJ wiD C&IIIC all am:ara to become subject to immediate c:oUcction by all or the mcalllliatcd abow:. FOl'tho IUppol1 of one child. Erica Ren~. born 5/28191. This order is h..""" UDOn an -erccmcnt o1'the PIU1ica. The defendanl ahaII pay the COIdI ofS 15.00 . which sum Includca the Jl"O"r&l*I MlVioe rOIl of $ 4.00 . payablo wilhin ~ clays. Said money to be turned ovu by 1hc: Domcatic R.cIaliona Section to: Tbomaa G. Brown. Paymonta mUll be made by cash, obook or money order. Cash paymenta must be made in penon. All d1<<b and mOllCl)' orden must be made payable to DomNtio R01ali00l Soc;1ioo and delivCllOCl or mailed to n.-otl.o "pl..w.. ~.w., 13 North Hanover Street, P. O. Box 320, Car1iaIc. Porwy\vanla 17013. Each paymont must bear your DomIlIlio RoIationJ number in order to be pnl ~ IIltd. UtWimbuned modioli oxponaes Il'O to be paid ~" by Dofonclant and $0 " by Plaintiff. Plaintifi' to provide medical inauranco coverage on the beneficWv orth;. order. Wilhin 30 c1aya after the c:nby o1'thla order, the ..trIA. ahaII IUbmit to the pc~ bavins clUtody o1'the chIld(n:n) writloD proortIW medical inIUtIMO OOVoragll haa boIIn mIlIo. proor or OOY~ IbaIlIX'IIIi&t. at & minimum ot. (1) tho IWIIO ortho boaJth caro covorago proYldor(a); (2) any applicable IdentiJ1cation numbers; (3) any carda evidc:nains covcrase; (4) the eddmaa to wbich cIaima should be m8dc; (5). cIoIcriplion of any roatrillliOlll on usaell. such as a prior approval for hospital admiaaions. and Ibo IIIUUIII' of obtainins approval; (6) a cop)' or the benefit bookIot 01 c:ovonp c:ontrad; (J) a clcIcriptioo oCaII dcd""tlhJ.o.o and ~ymcnta, and (8) fiw: copica orany daim forma. . ....... ex ... '. .Le . EXHIBIT "CO .Ik ';'" . . IMPORTANT LEGAL NOTICB PARTIES MUST WllHIN SEVEN DAYS INFORM TIm DOMESTIC RELATIONS SECTION AND nIB 01lfER. PARTIES, IN WRITING. OF ANY MATERIAL CHANOE IN CIRCUMSTANCES RELBVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF mE SUPPORT ORDER. INCLUDING. BUT NOT LIMITED TO. LOSS OR CHANOB OP INCOME OR EMPLOYMENT AND CHANGB OF PBRSONAL ADDRESS Oil CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WJLLllULL Y PAlLS TO REPORT A MATERIAL CIIANOB IN CIRCUMSTANCB MAY BB ADJUDGED IN CONTEMPT OF COURT. AND MAY BB FINED OR IMPRJSONED. PBNNSYL VANIA LAW PROVIDES 1HAT ALL SUPPORT ORDERS SHALL BE RBVIBWED AT LBAST ONCB BVERY THRBB (3) \'IlARS IF SUCH A REVIEW IS REQUESTED BY ONE OF TIm PARTIES. IF YOU WITH TO REQUEST A REVIEW AND ADJUSTMENT OP YOUR ORDBR, YOU MUST DO mE FOLLOWINO: AN UNRBPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDI::R SHOULD FILE A PETITION FOR MODIFICATION. FORMS ARE A VAD.ABLE AT TIlE DOMESTIC RELATIONS OFFlCE. A MANDATORY INCOME ATI'ACHMENT WD.L ISSUE UNLESS THE DBFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR OREATER 1HAN ONE MONlH'S SUPPORT OBUGATION AND (1) TIlE COURT FINDS TIlAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN TIlE PARTIES WHICH PROVIDES FORAN ALTERNATE ARRANGEMENT. ., DBLJNQUBNT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES, ONANDAFI'ER. TIlE DATE IT IS DUB. BACH UNPAID SUPPORT PAYMENT SHALL CONSmuTEA Jt.JDOEMENT AGAINST YOU. rr IS FURTHER. ORDERED that, upon c1cfcndant'a Cailwc to comply with thia order, cIo1'ondant may be aneIlOd and brought befbro tho Court Ibr a Cootempl hoaring, defolldant'l Wlpl.IlIluy, 00IIIIlIiui0u. anelIor ineomo may be aUached in lIOCOIdanco wilh tho law, thia Ordtr will be incrcucd without flutbcr hc:arina to SlfIA.. a monlh until .u ~C811'C pUd in full. DofODdant it I'OIpOIlIiblo for ooun COItIand f_1I dotetmincd by tho Domestio RoIationa Soolion. 'lbIa order IbaI1 be come I1na1 ten daya after the maIIins oftbc noIicc oftbc colly oflbc ordor to tho partioa IIIIloaa eilbor puty llIoa a wriuen demand wilh tho Domoatio RoIaliooI Soction for a boarin& do now before tbo CouI1. CopioI doIiYOl'OCl to putioa OIl ,\. q. q~ 0T (' -......, n..f~ovI.n'" AitDmcy DRO: R.1. Shadday OIl: plaintifTand dcfc:udant 00: Roborl KIino , EIq. lC.ut l...L.lJohm. EIq. ~ l(). yorltCo.DRO EXHIBIT "C" (CONTINUED) .f.', \.J:j: ;. :taw O.flices of Ron Turo . RON TURO, Eeqllilt . ROBeRT J. MUL.DII!RIO. Etqulr. ROBERT P. KL.INE. Elqulr. DAVID J. 8POTTS. Eeqult. tfi, , , . , . . 32 BoUCh BedfOld 8Ir..' c.nlt... P.nlllylvanla 17013 (717) 245.lI888 (800) 682.0n8 FAX (717) 245.2,.5 N_ber 1. 1886 81P....UCHS48 . Rep.... Mall Rickie J. 8~ H.,q omctr Dome.uo ReI.t101l1 omoe 18 North u-.. ~ ClIrIllle, P A 17018 BE: '1'homu C. Brown Y. RobIn L. Bruwn .No. 121178 1996 DB . 240M2 lJeIr RlcIdI: ThllIeUer..w tene u c:onf1nnaUon oCour telephone oonv'l'IIltlon or November 1.1886, at which dme I advIMd)'Oll &ha~ the JIUtl- In the ebove matter have nached an ....ment and &hat no one wlU be appearlnc for the Novtmber 2, 1896 ~ c:onI'erence. Tbt ......ment be~ween the partin II.. rollow.: 1. Robin L. Urown. Derendant, IhaII pay child IUPport tor the I\Ippori of UIIII child, Erica RaM Brown, born May as. 1991, to '!'IIoIIIu O. Brown, at &be rate ot 107.00/Wftk. 2. The errective elate ot UIIt IIlpport order IhaIl be September 27, 1996. th....by meJdna a loW arrear.,. tbrouih FrIda,y, November 8, 1996, of pao.OO. 8. Thlt IIIIft or f6.OO per week IIha1I be added to &be IUpport anlOWl~ and unlll wch Ume .. the .".,.... are paid In full; 4. 'Ibe feUler, Thomu O. Brown, wW provide health in8ur_ ror the mIDor child. The pardN wW .,lIt WINImburIod medIeaI.......- I IlIncIb' uk UI&t you enter theIe term. u an order or court. If you dnire con/Irmatlon, ,a- contllet Mr. Brown'1 eUome)', Karl M. Ledebolun, Eequlre. at 774-8122. By cop)' of thIa lett,r. I un Inetructln8ll\)'client to mak. her nm paJftIIIlt In th,1\UIl ot'72.oo to the Cumberland CoWlty Domeat.lc Re\atlona ()I'lb for tile week or November 15, J995, no later than November 10. 1995 and to make weekI.Y pe,yma1&a dlrectI1 to Domntlc ReIaU_ tbereaRor. Jr)'OU have aI\Y quett\on8, pIMM do not h..tate to conlact lRI at lIlY omce. RLtf? . RPKIbm eo: RobIn L. Brown Karl M. Webohm. &quire ~..Iy )'uun, ~.,. ') U~'T)~)~ .Jto....J-tc: ~ -__ BERT P. B, UIRE EXHIBIT "D" Ilr . THOMAS G. BROWN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff, vs. CIVIL ACTION - LAW ROBIN L. BROWN, NO.: 95-4769 Civil Term Defendant. IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (3301(c) or ~ of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, return receipt card requested, postage pre-paid. Defendant accepted service on September 11, 1995 and executed an Affidavit of Acceptance of Service dated September II, 1995 and filed February 14. 1996. 3. Complete either (a) or (b). (a) Date of execution of the affidavit of consent required by section 3301 (c) of the Divorce Code: by plaintiff on January 31. 1996; by defendant on January 29, 1996. Said affidavits of consent were filed on February 14. 1996. (b)(l) Date of execution of the plaintiff's affidavit required by section 3301(d) of the Divorce Code n/a; (2) Date of service of the plaintiff's affidavit upon the defendant:--DliL.... 4. Related elaims pending: none. All issues were sellled in the Property and Custody Sclllement Agreement of the parties dated December 11. 1995. 5. Date and manner of service of the notice of the intention to file praecipe to transmit record, a copy of which is allached. if the decree is to be entered under section 3311l(d)(I)(l) of the Divorce Code. February 13. 1996 bv First Class Mall. postal!e pre-paid. to Defendanl's residence and her allorney of record. Robert P. Kline. Esquire. Plaintiff. Thoma.~ G. Brown. sil!ned a Waiver of Notice of intent to request enlrv of Divorce Dccree oursuantto Section 33111 (cl of the Divorce Code on January 31. 1996. and filed simultancously hcrewlth. 1r{j.lt&!i/2 Allorncy for Plaintiff 0 f:: In ~ '. 0 ~ -') ,.. UJr: - c)~~ l)j;'; ~'):~ H;f-" "'-- '~~j 9.: . >- '.D :,?f.!l' 0' I I.~ U-l..... l,t:;.;.- r;; ,. Cl~ , ..Ii I." ~.5 f!)Cl. i- .... ::5 L'. <0 U Q"l U . !!: \.~ If) ... c;;:.. r.- .:: -. .. .-. c- -= ..'<:"'. P.5: .1-00. fF .- '"-.):':~ I. __ ~ :.,~ 0:'- , ' '.n :>.."l fir to.. I to;;. .,-:--: [L\- c- I; lib [- :,::; ~.'~ u.. .-- . H. \!') i:3 c.~' c-. '. . . . . THOMAS G. BROWN, vs. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW Plaintiff, ROBIN L. BROWN, NO.: 95-4769 Civil Term Defendant. IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Robin L. Brown, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter.affidavit to the plaintiff's affidavit. Therefore, on Dr after March 5, 1996, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you wlll lose forever the right to ask for economic relie!. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATIACHED TO THIS NOTICE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator's OCfice Cumberland County Court House Forth Floor One Court House Square Carlisle, PA 17013 (717)240-6200 '. : THOMAS O. BROWN, IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA CIVIL ACTION - LAW Plalntlff , vs. ROBIN L. BROWN, NO.: 95-4769 Civil Term Defendant. IN DIVORCE COUNTER.AFFIDA vrr UNDER SECfION 3301(1:) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose Ihe entry of a divorce decree. (b) I oppose the entry of a divorce decrce because the marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees Dr expenses if I do not claim them before a divorce is granted. (b) I wish to claim cconomic relief which may include alimony, division of property, lawyer's fees or expenses or olher important rights. I verify that the statements made in this counter-aCCidavit are true and correct. I understand that false statcmcnts hcrcin arc made subject 10 the penalties of 18 Pa.C.S. Section 4904 relatlng to unsworn falsifications to authorities. Date: Defcndant NOTICE: If you do not wish to oppose the enlry of a divorce decree and you do not wish to make any claim for economic relief, you necd not CIle this counter-affidavit. \.~ .... In -- i: 0 t-; o. ,.. ~ ' ~ , . ~ ._~ I1J-- 0.- .'- - ;, :'::~ B-< . ..- "-- ,..... ..i~i ~.i" '0 l!' 'u) W" I ..~; _J\, t_~ ~ '-,.e"l u_ r-' JiJ- O' '.. Ii ...!.... ,j C L' .,.:.,."'~ .... THOMAS G. BROWN, : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA Plaintiff, vs. CIVIL ACTION . LAW NO.: C;S- L/7frq () ~~LJULtv'- IN DIVORCE ROBIN L. BROWN, Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you. and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds of the divorce are indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counsellors is available in the Office of the Prothonotary, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE Cumberland County Court House Fourth Floor One Court House Squarc Carlisle, Pennsylvania 171113 (717) 24(}-62()() THOMAS G. BROWN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff, vs. CIVIL ACTION. LAW ROBIN L. BROWN, NO.: Defendant. IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted guiere defendersc de estas demandas expuestas en las paginas siguientes, usted tiene viente (211) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia eserita 0 en persona 0 por abogado y archivar en la corte en forma eserita sus defensa~ 0 sus objectiones a las demandas cn contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso [) notification y pm cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede dinero [) sus propiedades 0 otros dcrechos importantes para usted. LLEVE ESTA DEMANDAA UN ABODAGO INMEDIATAMENTE. SI NOTIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE Cumberland County Court House Fourth Floor One Court House Square Carlisle, Pennsylvania 17013 (717) 240.6200 render Plainliff's condition intolerable and life burdensome. 8. Plaintiff ha.~ been advised of Ihe availability of counseling and has further been advised that Plaintiff may have the right to request that the Courl require the parties to participate in counseling. WHEREFORE, the Plaintiff prays the Honorable Court to cnter a Decrce in Divorce, divorcing the Plaintiff from Ihe bonds of matrimony herclofore contracted bclwccn the Plaintiff and the Defendant. COUNT NO. II: SECTION 330HC) OF THE DIVORCE CODE 9. The allegations as set forth in Paragraphs 1 Ihrough 8 of Count No. 1 arc incorporaled herein by reference. 10. The marriage is irrelricvably brokcn. WHEREFORE, the Plaintiff prays your Honorable Courllo enlcr a Decree in Divorce. divorcing Ihc Plainliff from Ihc bonds of matrimony hcrctoforc contracled betwcen Ihe Plaintiff and the Defendant. Respeclfully submilled this M day of t;oflJ..v-r- . 1995. rl M. LC ebohm. Esquirc Allorncy for Plainllff Allorncy J.D. No.: 59012 310 Third Slrecl P.O Box 236 New Cumberland, PA 1711711.11236 (717)774.3122 ",",,,,,,-~;~^,,:_,'~.""-"'.' ~. ^ .. .~-. -.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~(rla..ML ) ) SS: ) I, Thomas G. Brown, Plaintiff in the foregoing action, being duly &worn according to law, depose and say: That I certify 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. Section 4904. relating to unsworn falsifications to authorities. *,0 Tho as G. Bfo Subseribed and sworn to before me the undersigned Notary Public, this 1st day of S, pl:~JIJ r .1995. ~~ ~~I.l..o.k.-J Notary Public My Commission Expires: Notarial Saal Usa M, ledebohm. Notary Public No" Cumberland Bolo, Cumbe.land County My Commission expires July 20. 1998 101entler.~_oINotnls '. ,''c::",.. ;,/::~=. \6~1o ~ -~'. ..,..... . '" ie~:;r;~g~ ' . , '...-0"".... ~,.,..... " . =*"~:Q~" ".,,J ";', ...Q~~r ,. '. . 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THOMAS G. BROWN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. CIVIL ACfION - LAW ROBIN L. BROWN. NO.: 95-4769 Civil Term Defcndant. IN DIVORCE ACCEJFI'ANCE OF SERVICE I, Robin L. Brown. the Defendant in the above captioned matter. do hercby certify that a truc and corrcct copy of the Complaint with attached Notice to Defend and Claim Rights and Noticc as to Counselling filed in the above-captioned matter has been delivered to me and that servicc of same is hereby accepted this lIth day of September. 1995. WITNESS: Robi L. Brown '- 0 t:; iT. .<: In r. Co? ~) ~E : );1: .- 0'-:-... I"'r-=- "'- .'~l~j ~.- ."- .' ~.-"-::n r:~ - ~-1;~ ::;:-:~ II.' , C":l ~-J.iLD r-= t...l ~~Jc- u.. .~ lI_ '0 :s c (i\ U THOMAS G. BROWN, vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION - LAW Plaintiff, ROBIN L. BROWN, NO.: 95-4769 Civil Term Defendant. IN DIVORCE AFFIDA vrr OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 6, 1995 and served upon the Defendant on September II, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating \0 unsworn falsifications to authorities. Dated: /4//,,/;:::, / /~J ~.(9~. Thomas . B c 0 '- .... f- f~ 1.0 .' ~ .. -:~ir"'" ~~ M ~ .,-;~ --'. .- () ?:~ O:s,-: r..;: 11-:1 ~F . ,.... -' --~ Cn __ L~~ I..... -,. .,- (:"1rii d'" C;:l :\ u.: - I-- I.<- ::5 '.1" if' U V r;', . THOMAS G. BROWN, Plaintiff, IN THE COURT OF COMMON PLEAS : CUM8ERLANDCOUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ROBIN L. BROWN, Defcndant, NO,: 95-4769 Civil Term IN DIVORCE AFFIDA vrr OF CONSENT 1. A Complaint in Divorcc under Section 3301(c) of the Divorcc Code was filcd on September 6, 1995, 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from thc date of the filing of the Complaint, 3. I consent to the entry of a Final Dccree of Divorcc. 4, I undcrstand that I may lose rights conccrning alimony, division of property. lawyer's fces or expenses if I do not claim them heforc a divorcc is granted, I verify that the statcmcnts made in this Affidavit are true and correct, I understand that false statements herein are made suhjectto the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsifications to authorities. Dated:-1'- 'Y"'\ A.9- q{ C\ Gf.;..Y) ~~, "" Robin L. Brown '- CJ t~S i:r:; l.o .", ,... ~J ::J..._ UJ~J .~,..:. ... W',; (i: ~ill grl, I, : ' t~ ,.., L"; ..:2' L..:.,1l-. .:J' .' ~.,. TO. t-:; 4.:' . roC ~.i:.iGJ r; I.... ~'!t.l.. "'- L1. ") ::i C) u. U >- 0 '- U' 1.0 >:; ,.:: 1-', c:.; 'UP. ;. ~ ~:-: qc', -.'. .... f....~. - :~F;..;. '-r.J. Q.. ~~,~ 9<:-, ., ::~~I'~ 2'''- - ct- - -!l., c:: i..'iJ(:J I r;.: t..J L!..I~ u- f": i t.r. 10 ;:> U en (J I . " . , , THOMAS G, BROWN, : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA Plaintiff, VS. CIVIL ACTION - LAW ROBIN L, BROWN, NO,: 95-4769 Civil Tcrm Defendant. IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Check eithcr (a) or (b): X (a) I do not oppose thc cntry of a divorce decree, (b) I oppose the entry of a divorce decree because the marriage is not irretrievably broken, 2, Check eithcr (a) or (b): (a) I do not wish to makc any claims for economic relief. I undcrstand that I may lose rights concerning alimony, division of property, lawycr's fees or cxpenses if I do not claim them beforc a divorcc is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or othcr important rights, I verify that the statements made in this counter-affidavit are true and corrcct. I understand that false statcmcnts hercin are made subject to thc penaltics of 18 Pa,C.S. Section 4904 relating to unsworn falsifications to authorities. Date~ ~,.l.,_~'~~:XF\.\.~ ~ Defendant NOTICE: If you do not wish to oppose the entry of a divorcc decree and you do not wish to make any claim for economic rclief, you nced not file this counter-affidavit. '- 0 fr; -- .: fo_ r -" -. ," 2> ~~)~ t.1I.---: (..).~ I~;..:: [f!- . .:J:,.~ C)I .~.: -\'::::': 2;~ .'~ In .'. .~i) tJ.:'" I G"'! r. c -OJ. :ij'J ,- ~ " ~ 'j 1.1.. t.. t..:;' :.j c: .:;.... '.J , . . t.) >- lr) i:: !:1:; c. .-..- I.:: .. (~., ~ :;~ ~i:, If;- '-'- "l"'j 9c ,. C' ....~1 <:~~ l.1..f....- I G:~.l teo: i(ij f-~ ~ t.:... -- t1_ l"" ~:l L;I 0' (.) , . . 02!lS/,'.11IS2am.j..brown.P.t.PIl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA THOMAS G, BROWN, NO. 95-4769 CIVIL TERM PLAINTIFF CIVIL ACTION - LAW v, ROBIN L, BROWN, AND NOW, DEFENDANT CUSTODY/DIVORCE '0 wi'. chi' ,k of of the foregoing Petition, it is , 1996, upon consideration that: 1. Immediately upon the execution of this Order, it is hereby authorized that any Law Enforcement Officer including the Sheriff, police, or a Constable, may immediately pick the child up at whatever location the child is and transfer the child to Father, Father may be present at the time of such transfer; 2. Until further Order of Court, Mother shall be prohibited from having any and all contact with the child due to her wrongful taking of her; and ~ ~ -:- -""'" ......1 ~r"" ro'';I'''!.~ ~....- ,....... . ~- . 02/1S/".11IS2...j..brown.p.~.P.l 6, Since on or about August 30, 1995, Mother has had contact with Erica every other weekend. 7. On or about December 11, 1995, the parties entered into a Property and Custody Settlement Agreement, a copy of which is marked Exhibit "A", attached hereto and incorporated by reference herein, 8. Pursuant to Paragraph 17 of said Agreement, Father was given primary physical custody of the child, Mother was given partial custody for purposes of visitation, Mother was to have Erica, among other times: A, Every other weekend from Friday at 6:00 o'clock PM until the following Sunday at 6:00 o'clock PM; and B. One (1) evening per week. 9. The child has continued to reside with Father in his primary custody since before July 14, 1995, 10, Since December 11, 1995, Mother has never exercised her midweek visitation with Erica. 11. Mother exercised her minority custody with Erica from 6:00 o'clock PM Friday, February 9, 1996 to 6:00 o'clock PM Sunday, February 11, 1996. At the time the parties met to exchange custody of Erica, Mother became physically violent with Father, and with the minor child. Mother physically grabbed and deliberately thrust the minor child into the arms of Father, Mother swore at Father and went to her car. Thereafter, 2 03/1S/".11IS3...j..brown.pet.',l Father was attempting to buckle Erica into her car seat when Mother came behind him, pushed him backward and down, and grabbed the child, Thereafter, Mother took the child, and has refused to return the child to Father. Father did not get into a physical contest for the child with Mother because he did not believe that to be in the child's best interest. 12, Since February 11 Father has asked Mother to return the child and Mother has refused, Father has had only one (1) telephone contact with Erica since February 11, 1996, and has had no physical contact with her, said being denied by the Mother, 13, Pursuant to 23 Pa. C,S, ~ 5350, Father avers that Erica has resided with the parties as follows: A, In the primary custody of Father, at 90 East Gay Street, Apt, G, Dallastown, Pennsylvania, since September, 1995; B. In the primary custody of Father at 211 Market Street, New Cumberland, Pennsylvania from July 14, to SeptembEr 1995; and C. In the custody of both parties from her birth through July 14, 1995, at 211 Market Street, New Cumberland, Pennsylvania. 13. Father has commenced a divorce action in CUmberland County, Pennsylvania, but has not participated in custody litigation, No other custody litigation is pending in any other state, Plaintiff knows of no other parties to the proceedings to physical custody of the child or any other parties who claim rights of custody or visitation with respect to , the child. 3 THIS AGREEMENT, made this / /Qt1iI.. day of .bI1E/HN/G.. 1995, by and between THOMAS G. BROWN, hereinafter referred to as "Husband"; and ROBIN L. BROWN, hereinafter referred to as "Wife", WIT N E SSE T H: WHEREAS, the Parties hereto are Husband and Wife having been married on or about November 25, 1990, at Baughman Memorial United Methodist Church, New Cumberland, Cumberland County, Pennsylvania, with one (1) child resulting from the marriage; namely, Erica R, Brown born on May 28, 1991. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties, and it is the intention of the Parties to sellle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage, including but not necessarily limited to: A, The sellling of all mailers between them relating to ownership and equitable distribution of real and personal propcrty; B. The sellling of all mailers between them relating to past, present and future support, alimony and/or maintenance of Husband by Wife or Wife by Husband; C. The sellling of all mailers between them relating to custody of the child; D, 'In general, the sellling of any and all claims and possible claims by one against the other or against their respective estates, ~XHII3IT "All werc Incurred, that except as set forth herein, the Parties shall be responsiblc for thc debts that each has scparately incurred prior to or after the date hercof and shall indcmnlfy and save harmless each other for same. Husband agrees to assume and pay the following credit card balances in Husband's name alone: A. Sears, Z"les and Visa charge cards in the approximate amount of $1,954,00, B. Consolidation loan to Husband's grandmother in the approximate amount of $4,000,00, C, Repayment of loan to Husband's parents in the approximate amount of $2,000,00, Husband further agrees to indemnify and save harmless Wife for the payment of the above debts. Wifc agrees to assume and pay the outstanding loan for the purchase during the marriage of a 1987 Chevrolet Cavalier in Wife's name alone In the approximate amount of $2,600.00; and to indemnify and save harmless Husband for same, 5, APPRAISAL: Thc Parties acknowledge and agree that they have each had an opportunity to .value or have appraised any and all marital property; and they do hereby waive a formal appraisal and inventory of same, and no statement or represcntation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent, 6, HUSBAND'S PROPERTY: Husband shall have as his sole and separate property all household furnishings and personal property now in his possession and all bank accounts now in his name alone. 7, WIFE'S PROPERTY: Wife shall havc as her sole and separate property all . household furnishings and personal property now in her possession and all bank accounts now 3 in her name alone. 8, PENSIONS: Each party shall relain as his or her own separate property, any pension, stock, savings, relirement or other plan through his/her place of employment whether vested or non vested, and both Husband and Wife specifically waive any right that either may have in the said pension, stock, savings retirement or other plan of the other that Husband or 9, POST-SEPARATION PROPERTY: Each of the Parties shall own and enjoy Wife may have acquired thereto by their ma~rlage to each other, Each party shall be and remain the sole owner of any other asset in his or her control not specifically covered by this Agreement, independently of any claims or right of the other, all items of personal property, tangible or intangible, acquired by him or her after July 14, 1995, the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10, CHILD SUPPORT: The Parties acknowledge and agree that the Support Order entered by the Cumberland County Court of Common Pleas on November 2, 1995 to docket number 1297 S 1995, a copy of which is auached hereto and incorporated by reference herein as Exhibit "C", shall and remain in full force and effect subjeclto the review and modification of same from time 10 time by the Court or by application by the Parties to the Court for such modification, Wife acknowledges and agrees that she was independently represented by Auorney Robert p, Kline of 32 South Bedford Street, Carlisle, Pennsylvania in connection with the agreement of the parlies to enter the said Support Order as evidenced by Exhibit "D", . aUached h~reto and incorporated herein by reference, 4 11. LEGAL FEES: Each party shall pay his or her own legal fees incurred in connection with preparing this Agreement; any documents necessary for entry of the Support Order set forth in paragraph 10 herein and filing for and obtaining an uncontested, No-Fault Divorce. 12, ESTATE RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the Estate of such other for all time to come and for all purposes whatsoever, of and from any and all rights, titles and interests or claims in or against the Estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the Estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwea\lh or territory of the United States, or any other country, or tiny right which either party may have or at any time hereafter have against the other for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a resu\l of the marital relationship or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement, the said Support Order entered by the Cumberland County Court of Common Pleas or other court of competent jurisdiction, or for the breach of any part thereof. . It is the intention of Husband and Wife to give each othcr, by the execution of this Agreement, 5 a full, complete and general release with respect to any and all propcrty of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreemcnts and obligations of whatsocver nature arising or which may arise under this Agreement or thc abovc stated support order or for the hreach of any provision thereof. 13. DEDUCTIONS FOR DEPENDENTS: Husband shall be entitled to take any income tax exemptions and/or deductions allowable for the said child for federal income tax purposes and under any applicable state or local tax provisions. If in any tax year Wife violates this Agreement by claiming an exemption for the said child as a dependent for such year, and if the Internal Revenue Service refuses to allow the depcndency exemption for the said child for such year to Husband, then Wife shaU pay to Husband the amount of Husband's additional tax liability including penalties, fines and costs, 14, SPOUSAL SUPPORT: Husband and Wife do hereby agree, release and give up any and aU rights they have or may respectfuUy have against each other for alimony, legal fees, spousal support or maintenance, for themselves except as otherwise provided for in this agreement. It shaU be from this date the sole responsibility of each of the respective Parties to sustain themselves without seeking any support from the other party, and except as provided for herein, it shall be the sole responsibility of Wife and Husband to sustain themselves without seeking any support from the other, 15, INDEMNIFICATION: Husband and Wife represent to each other thai neither of them has heretofore created any debts, liabilities or obligations that would bind the other and that '. each covcnant, warrant, represent and agree that each will now, at aU times hcreafter, save 6 harmless and keep the olher indemnified from all dehts, charges and liabilities incurred by the other prior to or after the date hereof except as otherwise specified herein. 16, ALIMONY: Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code of 1980, as amended, in Pennsylvania wherein considerations are set forlh in delermining an appropriate amount, if any, to be paid In the form of alimony. After being fully advised of the contents of the Divorce Code of 1980, as amended, both Parties voluntarily and intelligenlly waive and relinquish any right to seek from the other payment for support, alimony and maintenance except as olherwise provided for herein. 17, CUSTODY: Husband shall have primary physical custody of the said child, Erica R, Brown; however, Wife shall have partial custody for purposes of visitation, Wife and Husband shall have shared legal custody of Erica, Wife shall have liberal visilation as the Parties may agree. In the event the Parties do not agree, Wife shall have custody of Erica as follows: A, Every other weekend from Friday at 6:00 p,m, until the following Sunday at 6:00 p.m., provided Wife is off from work during said period, and provided Wife gives Husband 48 hours prior notice of her intention to take the child; B, One evening per week provided Wife gives Husband 24 hours prior notice; C, For a period of three (3) weeks during those summer months in which Erica is not in school provided Wife gives Husband ten (10) days prior wrillen notice, In the event said custody to Wife interferes with Husband's preplanned vacation, the Parties shall agree to '. alternate times of similar visitation; 7 D, The following holidays are to be alternated between Husband and Wife: Fourth of July, Labor Day, New Year's Day, Memorial Day, Thanksgiving and Easler with Wife to have custody from 9:30 a.m. until 8:00 p,m. on those holidays for which she is scheduled to have custody, similarly, Husband shall have custody from 9:30 a,m. until 8:00 p,m, on those holidays which fall on days otherwise granted to Wife herein. E. Christmas: Wife shall have custody of Erica from 9:00 a,m" December 24, 1995 to 8:00 a,m" December 25,1995, with Husband to have Erica from 8:00 a,m. until 5:00 p.m., December 25, 1995, Same shall alternate from year to year. The aforementioned holiday sehedule shall supersede the weekend schedule, F, In the event that any of the above grants of partial custody and visitation to Wife interfere with Husband's pre planned vacation or Erica's educational responsibilities with respect to grade sehool or high sehool, the Parties shall agree to alternate times of partial custody and visitation with Wife's missed time to be made up on a weekend but not superseding the weekend sehedule, G. Neither party shall remove the child from the Commonwealth of Pennsylvania for the purpose of relocating without having obtained the wrillen consent of the other party, Both Parties agree to promplly inform the other of any change in residence of either party including address and telephone number. If either pa.rty intends to travel with the child outside the Commonwealth of Pennsylvania for vacation or other purpose, said parent, prior to departure, shall provide the other parcnt with wrillen notice of the destination of the child and the telephone number and specific address where the child can be located, 8 18, ENTRY AS PART OF DECREE: A decree in divorce, entered by a court of competent jurisdiction to either Party, shall not suspend, supersede or affect the tcrms of this Agrecment, Bolh Parties agree to enter, on or before December 15, 1995, a Consent Order or orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to he filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree 10 either Party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, Furthermore, both Parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended, Both Parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania, . 19, DIVORCE ACTION: Husband and Wife acknowledge that Husband has instituted a No-Fault Divorce Action docketed to No, 95-4769 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to Section 33(H (c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (hereinafter referred to as the "Code"), The provisions of this Agreement may be incorporated in any divorce decree that may be entered granting a decree of absolute divorce, 20, INTENT TO FINALIZE DIVORCE: Husband and Wife covenant and agree that upon request of the other party, they will forthwith cxecute and deliver to the other Party any 9 and all written instrumcnts, assignmcnts, relea.~es, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. DISCLOSURE: Each of the Parties hercto represents to the other that he or she has made a full, complete and accurate disclosure of all assets that he or she may own individually or jointly being as hcrein set forth at the time this Agreement has been entered or executed, 22, VOLUNTARY EXECUTION OF AGREEMENT: The provisions of this Agreement are fully understood by both Parties, and cach party acknowledges that this Agreement is fair and equitable, that it is being cntered into voluntarily and that it is not the rcsult of any duress or any undue influence, 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, The party breaching this Agreement shall be responsible for the payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or seeking such other remedy or relicf as may be available to him or her, 24, INVALIDITY OF TERMS: If any term, condition, clause or provision of this Agreement shall bc determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise the failure of any party to meet his or her obl!gations under anyone or more of the paragraphs hercin with the exceptilin of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties, . 10 25, GOVERNING LAW: This Agreement shall be construed in accordance with thc laws of the Commonwealth of Pennsylvania, 26, FAILURE TO ENFORCE: The failure of either party hereto to enforce any term or condition of this Agreemcnt shall not constitute a waiver as to any subsequent violation or default of such term or condition, 27, BINDING EFFECf: This is the entire Agreement between the Parties hereto and shall be binding upon thcm, their heirs and assigns, and shall not be modified except in writing and signed by the Parties hereto. 28. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the scveral paragraphs and subparagraphs hereof are inscrted solely for the convenience of refcrence and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, we have hereunto set our hands and scals the day and year fi rst above wri IIcn. WITNESS: Q,-.... ~~-- /~ ~ ~:. omas ,Br wn "Husband" ~d/!~. '~.L-. ~ (3J\~ ~ \ Robin L. Brown "Wife" 11 COMMONWEALTH OF PENNSYLVANIA ) ) 55: COUNTY OF ) On the.:<.!l da~-..., /.-",L?c- R , 1995, before me, a Notary Public in and for said Commonwealth and C nty, personally appeared Thoma.~ G. Brown, known to me (or satisfaetorily proven) to be the person whose name is subscribcd to the within Agreement, and acknowledged that he executed same for the purposcs therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. c-;r-:- ~a--._~ Notary Public My Commission Expires: Notarial S.ol 01."9 c. er~n. Notary Pu!)llc . C:~.::m liQ.. Bra:tJord C.':~'r.!y .h' Cn,".lrr.lssio., Expires Mc.r:h t" 1998 I~l ~ :U';, r';'1A.!~a;IQ~ottoblaria COMMONWEALTH OF PENNSYLVANIA COUNTY OF O~~ ) ) ss: ) On this, the ..JL!::aay of ()P.Jf~A ,1995, before me, a Notary Public in and for said Commonwealth and County, personally appeared Robin L. Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto' sct my hand and official scal. . 12 Nota y Public My Commission Expires: NOTARIAL SEAL SUE A. ClAIR. Notary PubIlc lower Allan Twp., CtInba~and Co. PA Commlsslon Exp/nlI Dee. 28. 1998 AFFIJ)A VIT COMMONWEALTH OF PENNSYLVANIA : ss.: COUNTY OF YORK The foregoing PETITION FOR EMERGENCY RELIEF IN ACCORDANCE WITH PROPERTY AND CUSTODY 5~TTI ~M["lT Ar::Il~~M~NT is based upon information which has been gathercd by my counsel in order to reprcsent me in the lawsuit. The language contained in the pleading PETITION FOR EMERGENCY RELIEF IN ACCORDANCE W TH is that of counsel and not my own. I havc read the PROPERTY AND CUSTODY SETTLEMENT AGREEMENT and to the extent that the document is based upon information which I have given to my counsel, it is true lInd correct to the best of my knowlcdge, information and belief, To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. Seetion 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties, DlIte: .) I / ~Jt?lc I ~ -~--.- -~ '--~';Io~~;i~t, BRotN 2) ~~ SWORN and SUBSCRIBED to bcl(lre me, a Notu Public, this . tday of -' _ h - !.tILt Notary Public , Ic{-ftc. {..Jl My Commission Expires: NOTAfllAL SE~L DARLENE E. DUB!!. NOTARY PUBUC YORK, YORK COIJNlY. PA MY COMIAI:5SION EXPlnes NOV. 27. 11/97 >- -.,. "- (i: 'oJ l-; ~; .. ':')~ IU(? ':):c; C'j; . ..- 'Jf.: .- 11_.., . u.. !-:J;-~ c5r In .I(i) 17. "-,. r" : '::--i lii ~" ....,,~, . I t":7'! I : ~ I. u.~ Lo.; /-'\0- r u.. ".... ". ',C) ;::i L ,jOt U ~lii- ; w ~ :. ~ ; 13illw~ I !o! III Ii ~ It..5ll'ii1 o iii l:l Z F:: ~~~~ 6- ~~li I::: H ~ o :z: . . \ THOMAS G. BROWN, PlaintilTlRespondent IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v. NO. qs - Lf 70 9 a~ r.vw.v CIVIL ACTION - LAW ROBIN L. BROWN, DefendantIPetitioner : IN CUSTODY ORDER OF COURT AND NOW, this _21jJ.!ay of _rc- b(c\~(,/, 1996 on consideration of the attached , petition, it is hereby directed that the parties and their respective counsel appear before CAvY" .'5..1 nrl.n '1 ,Esquire, the conciliator, at :"A IIk<,+ rf)n'rl sf. ma.h . on the ~ lcJay of f\f)(\r e-h . 1996, at ct. ,)0 11M. 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 presen: at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY: ~'u-t7 4'"d"u ~- Custody Conciliator I' 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 Carlisle, PA 17013 (717) 240-6200 . " THOMAS G. BROWN, PlaintifTIRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. : CIVIL ACTION - LAW ROBIN L. BROWN, DefendantlPetitioner : IN CUSTODY RULE TO SHOW CAUSE AND NOW, to wit this day of . 1996, upon consideration of the foregoing Petition and on motion of Keith B. DeArmond, Esquire, attorney for Petitioner, a rule is granted upon the Respondent, Thomas G. Brown, to show cause why the relief requested by the Petitioner should not be granted. Rule returnable at a hearing on the day of . 1996, in Courtroom #_at__M. BY THE COURT, J . Page 3 10. The DefendantlPetitioner relinquished custody of the subject minor child to the Plaintiff /Respondent, but the child was so distraught that the Plaintiff /Respondent directed that she be returned to the custody of the DefendentlPetitioner. II. The best interests and permanent welfare of the child requires that primary physical and legal custody ofthe child be granted to the PetitionerlMother, Robin L. Brown, subject to reasonable periods of visitation to the RespondentlFather. Wherefore, Petitioner, Robin L. Brown, respectfully requests that she be awarded primary physical and legal custody of the subject minor child as provided herein. Respectfully submitted, DeArmond & DeArmond ~~ Attorney ID Number 58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 DATE: -#1J.. , ", I . YERlFICATION I, the undersigned, do hereby veritY that the statements made in the foregoing instrument are true and correet to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. \ q~~- . \ ~~""'" .~ . DatA.~~'-\d-q(Q . . . 02/1&/t'.111IZ...j..brown.pet."1 . . . 6 . Since on or about August 30, 1995, Mother has had contact with Erica every other weekend. 7. On 6r about December 11, 1995, the parties entered into a Property and Custody Settlement Agreement, a copy of which is marked Exhibit "A", attached hereto and incorporated by reference herein, B. Pursuant to Paragraph 17 of said Agreement, Father was given primary physical custody of the child, Mother was given partial custody for " purposes of visitation. Mother was to have Erica, among other times: A. Every other weekend from Friday at 6: 00 0' clock PM until the following Sunday at 6:00 o'clock PM; and B. One (1) evening per week. 9. Th? child has continued to reside with Father in his primary custody since before July 14, '1995, 10, Since December 11, 1995, Mother has never exercised her midweek visitation with Erica, 11, Mother exercised her minority custody with Erica from 6:00 o'clock PM Friday, February 9, 1996 to 6:00 o'clock PM Sunday, February 11, 1996. At the time the parties met to exchange custody of Erica, Mother became physically violent with Father, and with the minor child. Mother physically grabbed and deliberately thrust the minor child into the arms of Father. Mother swore at Father and went to her car. Thereafter, 2 03/1 &/"_111 U...j..brown. pat.Vll . Father was attempting to buckle Erica into her car seat when Mother came behind him, pushed him backward and down, and grabbed the child. Thereafter, Mother took the child, and has refused to return the child to Father, Father did not get into a physical contest for the child with Mother because he did not believe that to be in the child's best interest. 12. Since February 11 Father has asked Mother to return the child and Mother has refused, Father has had only one (1) telephone contact with Erica since February 11, 1996, and has had no physical contact with her, said being denied by the Mother, 13. Pursuant to 23 Pa. C,S, ~ 5350, Father avers that Er~ca has resided with the parties as follows: , A. In the primary custody of Father, at 90 East Gay Street, Apt. G, Dallastown, Pennsylvania, since September, 1995; B:', In the primary custody of Father at 211 Market Street, New Cumberland, Pennsylvania from July 14, to September 1995; and C. In the custody of both parties from her birth 'through July 14, 1995, at 211 Market Street, New Cumberland, Pennsylvania, 13. Father has commenced a divorce action in Cumberland County, Pennsylvania, but has not participated in custody litigation. No other custody litigation is pending in any other state. Plaintiff knows of no other parties to the proceedings to physical custody of the child or any other parties who claim rights of custody or visitation with respect to the child. 3 oa/U/'6.U I U...j..b&,OWll.p.t.rl1 14, Pursuant to Pa,R.C,P. ~ 1915,13, the Court has authority to issue appropriate process to a person having custody of the child and grant whatever appropriate interim or special relief is necessary in order to comply wfth the provisions of the Statutes of Pennsylvania. 15, It is in the best interests of the child that the child be immediately returned to the Father because: A, The child has been in the primary physical custody of Father since July 14, 1995; and B. The child is enrolled kindergarten class at Pennsylvania. and daily participates Little Lions Daycare in in a pre- Red Lion, WHEREFORE, Father respectfully requests that an immediate Order be entered by this Honorable Court granting the following: 1. Immediately upon the execution of this Order, it is hereby authorized that any Law Enforcement Officer including the Sheriff, Police, or a Constable, may immediately pick the child \ up at whatever location the child is and transfer the child to Father, Father may be present at the time of such transfer; 2, Until further Order of Court, Mother shall' 'be' prohibited from having any and all contact with the child due to her wrongful taking of her; and 3. Any and all other relief the Court may deem appropriate. Respectfully submitted, , HOFFMEYER & SEMMELMAN BY: Barbara J. Attorney fo Plaintif 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 71688 4 cu THIS AGREEMENT, madc this / /QIM.. day of ./JpI7~mjV.R.. 1995, by and I. bctween THOMAS G, BROWN, hereinafter referred to as "Husband"; and ROBIN L, BROWN, . . hereinafter referred to as "Wife", WIT N E SSE T H: WHEREAS, the Parties hcreto are Husband and Wife having been marrlcd on or about November 25, 1990, at Baughman Memorial Unitcd Methodist Church, New Cumberland, Cumberland County, Pennsylvania, with one (1) child resulting from the marriage; namcly, \ 'Erica R. Brown born on May 28, 1991. WHEREAS, diversc unhappy differenccs, disputes and dif(jcullies have arisen between the Parties, and it is the intention of the Parties to settle fully and finally their respective , . , , financial and propcrly rights and obligations as between each other arising out of the marriage, including but not necessarily Iimitcd to: A, The sellling of all mailers belween lhem relating to ownership and equitable distribution of real and personal property; B, The settling of all mailers between thcm relating to past, present and future support, . alimony and/or maintenance of Husband by Wife or Wife by Husband; C. The settling of all mailers belween them relating to custody of the child; D. 'In general, the'settling of any and all claims and possible claims by one against the other or against their respeclive estatcll, . ~Hll3rr "N' were Incurred, that exccpt as set forth herein, thc Parties shall be responslblc for the debts that each has separately incurred prior to or after the date hereof and shall indemnify and save , , harmless each other for same, Husband agrecs to assume and pay the following credit card balances in Husband's name alone: A, Sears, Zales and Visa charge cards in the approximate amount of $1,954.00. ! B. Consolidation loan to ,Husban,d's grandmother in the approximate amount of $4,000.00. C, Repayment of loan to Husband's parents In thc approximate amount of $2,000.00, Husband further agrees to Indemnify and save harmless Wife for thc payment of the above debts. Wife agrees to assume and pay the outstanding loan for the purchase during the marriage of a 1987 Chevrolet 'Cavalier In Wife's name alone in the approximate amount of $2!600.00; and to indemnify and save harmless Husband for same. 5, APPRAISAL: The Partics acknowledge and agree that they have each had an opporhmity to ,value or have appraised any and all marital property; and they do hereby waive . , a formal appraisal and inventl,lry of samc, and no statement or representation by either party as to Value shall be deemed a misstatement or misrepresentation to the, othcr or be deemed , fraudulent. 6. HUSBAND'S PROPERTY: Husband shall have as his sole and separate property all , household furnishings and personal property now in his possession and all bank accounts now . . " in his name alone. 7. WIFE'S PROPERTY: Wife shall have as her sole and separate property all . household furnishings and personal properly now in her possession and all bank accounts now " 3 ," in her name alone, 8. PENSIONS: Each party shall rctain as his or her own separate propcrty, any pcnslon, stock, savings, retirement or other plan through his/her place of employment whether vested or non vested, and both Husband and Wifc specifically waive any right that either may have In the said pension, stock, savings retiremcnt or olher plan of thc other that Husband or I Wife may have acquired thereto by !hcir ma~riagc to each other. Each party shall be and remain the solc owner of any other asset in his or her conlrol not specifically covered by Ihis Agreement. 9, POST-SEPARATION PROPERTY: Each of the ParUes shall own and cnjoy indepcndenUy of any claims or right of the other, all items of pcrsonal property, tangible or intangible, acquired by him or her after July 14, 1995, the dale of separation, with full power in him or hcr to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she werc unmarried. 10. C,HILD SUPPORT: The Parties acknowlcdge and agree that the Support Order , entered by the Cumberland .County Court of Common Pleas on November 2, 1995 to docket number 1297 S 1995, a copy of which is allached hereto and Incorporated by reference hcrein as Exhibit "C", shall and remain in full force and effect subject to the review and modificalion of same from time to time by the Court or by application by the Parties to the Court for such modification. Wife acknowledges and agrees that she was independently represented by Attorney Robert P. Kline of 32 South Bedford Street, Carlisle, Pcnnsylvania in connection with the agreement of the parties to enter the said Support Order as evidenced' by Exhibit "D", . aUached h~reto and incorporaled herein by reference, , 4 ..0. 11. LEGAL FEES: Each party shall pay his or hcr own legal fces incurred In conncction with preparing this Agreement; any documents necessary for entry of the Support Order set forth in paragraph 10 herein and filing for and obtaining an uncontested, No,Fault Divorce. 12. ESTATE RELEASE: Husband ami Wife each do hereby mutually remise, release, ! quit claim, and forever discharge tlu: other in the Estate of such other for all time to come and for all purposes whatsoever, of and from any and all rights, tilles and interests or claims In or against the Estate of such other, of whatever nature and whcresoever situate, which he or she now has or at any time hereafter may havc against such other, the Estate of such othcr, or any part thereof, whether arising out of any former ncts, contracts, engagements or liabilities of such other, or by way of dower or curtcsy, or widows or widowers rights, family exemptions or similar allowance, or under the intcstate laws, or the right to take against thc spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spousc to participate in a dcceased spouse's estatc, whether arising under the laws of ., \ Pennsylvania, any state, commonwealth or territory of the United States, or any othcr country, or IIny right which either party may have or at any time hereafter have against the other for past, present or future support or maintcnance, alimony, alimony pendellte lite, counsel fees, costs or expenses, whcther arising as a result of thc marital rclationshlp or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may . arise under this Agreement, thc said Support Order entercd by the Cumberland County Court o'f Common Pleas or othcr court of competent jurisdiction, or for the breach of any part thereof. . , It is the intention of Husband and WiCe to give each other, by the execution oC this Agreement, , 5 a full, complete and general release with respect to any and all propllrty of any kind or nature, , real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoevcr nature arising or which may arise under this Agreement or the above stated support order or for the breach of any provision thcreof. I 13, DEDUCTIONS FOR D&PENDENTS: Husband shall be entitled to take any income tax exemptions and/or deductions allowable for the said child for fedcral income tax purposes and under any applicable state or local tax provisions, If in any tax year Wife violates this Agreement by claiming an exemption for the said child as a dependent for such year, and if the Internal Revenue Service refuses to allow the dependency exemption for the said child for such \ year to Husband, then Wife shall pay to Husband the amount of Husband:s additional tax liability including penalties, fines and costs. 14, SPOUSAL SUPPORT: Husband and Wife do hcreby agree, release and give up any , and all, rights they have or may rcspectfully have against each other for alimony. legal fees, \ spousal support or maintenance, for themselves except as otherwise, pr~vidcd for in this - agreement. It shall be from this date the sole responsibility of each of the, respective Parties to sustain themselves without seeking any support from the other party, and except as provided for herein, it shall be the sole responsibility of Wife and Husband to sustain themselves without seeking any support from the other. 15, INDEMNIFICATION: Husband and Wife represent to each other tha't neither of them has heretofore created any debts, liabilities or obligations that would bind the other and that ,. . each covenant, warrant, represent' and agree that each will now, at an times hereafter, save 6 D. The following holidays are to be alternated between Husband and Wife: Fourth of July, Labor Day, New Year's Day, Memorial Day, Thanksgiving and Easter with Wife to have custody from 9:30 a,m. until 8:00 p,m, on those holidays for which she is scheduled to have custody, similarly, Husband shall have custody from 9:30 a,m. until 8:00 p,m, on those holidays I which fall on days otherwise granted_to Wife herein, E. Christmas: Wife shall have custody of Erica from 9:00 a,m" December 24, 1995 to 8:00 a,m., Deccmber 25,1995, with Husband to have Erica from 8:00 a,m. until 5:00 p.m" December 25, 1995, Same shall alternate from year to year, The aforementioned holiday schedule shall supersede the weekend schedule, \ F, In the event that any of the above grants of partial custody and visitation to Wife interfere with Husband's preplanned vacation or Erica's educational responsibilities with respect , to grade school or high school, the Parties shall agree to alternate times of partial custody and visitatio~ wlth.Wife's missed time to be made up on a weekend but not superseding the weekend \ schedule, G. Neither party shall remove the child from the Commonwealth of Pennsylvania for the purpose of relocating without having obtained the wrillcn consent of the other party. Both Partics agree to promptly inform the other of any change in rcsidence of either party including address and telephone number. If eithcr party intends to travel witli .the child outside the Commonwealth of Pennsylvania for vacation or othcr purpose, said parent, prior to departure, shall provide thc other parent with written notice of the destination of the child and the telephone '. number and specific address where" the child can be located, 8 18. ENTRY AS PART OF DECREE: A decree in divorce, entercd by a court of competent jurisdiction to cither Party, shilllnot suspend, supersedc or affect the terms of this \ Agreement. Both Parties agree to enter, on or bcfore Decembcr 15, 1995, a Consent Order or orders concerning Ihe provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of I a resolution of any divorce action filed or .to be filed, This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either Party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of compctent jurisdiction, Furthermore, both Parties hereto agree to timely execute the appropriatc affidavits and conscnts to secure a No-Faull Divorce as may be required by the Divorce Code of 1980, as amcndcd. Both Parties hereto agree that this Agreement may be incorporated into a separate Court Ordcr but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylv.anin. ; 19, DIVORCE ACTION: Husband and Wife acknowledge that Husband has institutcd a No-Faull Divorce Action docketed to No, 95-4769 Civil Term in the Court of Common Picas of Cumberland County, Pennsylvania, pursuant to Section 3301 (e) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (hereinafter rcferrcd to as the "Code"). The I provisions of this Agreement may be incorpo~ated in any divorce decree ;that :may bc entered granting a decree of nbso,lute divorce, 20. INTENT TO FINALIZE DIVORCE: Husband and Wife covenant and agrce that '. upon request of the other party, thcy will forthwith execute and deliver to thc othcr Party any 9 . . 25. GOVERNING LAW: TIlis Agreement shall be construed In accordance with the laws of the Commonwealth of Pennsylvania, 26. FAILURE TO ENFORCE: The failure of either party hereto to enforce any term or condition of this Agreemcnt shall not constilute a waiver as to any subsequent violation or default of/such term or condition, 27. BINDING EFFECT: This is the entire Agreement between the Parties hereto and shall be binding upon them, their heirs and assigns, and shall not be modified except in wriling and signed by the Parties hereto, 28, HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constilUle a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, we have hereunto set our hands and scalsthe day and year first above wriUen, - WITNESS: CJ~_.:. ~4~~ /~~~: lomas ,Br wn "Husband" ~d/l~ .~ :) l~\'-" ~ 8l\~ __CW'. \ Robin L. Brown "Wife" 11 . . . COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF ! On the .z..q da~-,.., ,.-vn-"7?",- Ii' , 1995, before me, a Notary Public in and for said Commonwealth and C nty, personally appeared Thomas G. Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, \ Q~,., ~ a--.-./ - Notary Public . My Commission Expires: , , \ Nota,lal Saal D1~n9 C, Brown. Notary Pu~c Cu.l,n T.vp.. Bra~lord Cc,'n!y . ,lv CO:,lmlsslo.1 Expires Mo,:h e. 1998 l,h:"'.<,i'o1.r"')1"'rlll~oIrblarias COMMONWEALTH OF PENNSYLVANIA COUNTYOF O~~ ) ) SS: ) On this, the -/6ay of ~AIlAMA'A ,1995, before me, a Notary Public in and for said Commonwealth and County, personally appearcd Robin L, Drown, known to me (or satisfactorily proven) to be the pcrson whose name is subscribcd to the within Agreement, and acknowledged that she exccutcd same for the purposes therein containcd, , IN WITNESS WHEREOF, I hereunto' set my hand and official se'al. " ~~.~ Nota y Public My Commission Expires: NOTARIAL SEAL SUE A. ClAIR. Notary PublIc Lower Allan Tv.p.. Clmborland Co. PA Commission Ex lroa Dac. 28. 1998 12 . . j , J .' ~'.' ~: . ~ ,~ .' ~ ;:~:. .;. r' 5 .','. . ~.q . ," ,;1;~. SliER J FF '; f,EnlRli HF:G1Jt./,li CASE no: 1995-04769 P COMMonWEALTH OF PEnnSYLVAnIA: COUnTY OF CUMBERLAND I,JHOWN THOMAS G vs. ItR9'1!JLRO.~1..N__L__ _RQ.BE:B.T FINK ____._____..__,_______'_, Sh<?riif or [Ieputy Sheriff of CUMBERLAND County, PennsylvanIa, who beIng duly sworn accordIng to law, say", the withul COMPL,AJ.tl]'_,~__P,IV_QRJ:;JL__nn'nn'_"__'___n__ was serve.;! upon _El,RO,~tj ROBH! L d",i'?ndant. at _~53Ql,~\?l, HOURS, 19i:'2 at _lL_ROBYn [IRIVi:: the on the> t:?_!ch day of E.<;',~nLtlarY -,--' t1E;.\!'L:a.J.._~.L- PA 17241 __,____.____._.._, CUMBERLAJ1P___, County, Pennsylvania. by handlng to f.?jJ_!li.tL_b~__BROWN a true and attested copy of the _COMPb~JB_L - DIVQRCE and at the same time directIng fu~ attention to the contents thereof. Sh~riff's Costs: [locket i ng Service Affidavit SurchargE> 18,00 7,84 .00 2,00 s::,a~2:~~,~~~~,~ _____.___, $'27;tl<r--THOMAS G. BWJWN 02/:::1Il9'9'; ~ by -~r:C ( '...h--~-f'!~~.J;- lC>pU Y .=, ec.1 Sworn ~nd ~ubGcribed to bpfore mQ th t" ,.2.:J""::!.C nay of k.e..'~7--_n-'- 19...1'- .__ A. D. __n (i. t.~'pC:'()IH(.{J~<'="-a-1j:.'-, -"77 ro lono ...~.H 'I THOMAS G. BROWN, Plaintiff IN THE COURT OF (.'(XolM()N PLEAS OF CUMBERLAND COlJN'lY, PENNSYLVANIA vs, NO, 95-4769 CIVIL TERM . , ROBIN L. BROON, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION AND .... thio g ~ '" :: · . upon consideration of the attached Custody Co iation Report, ordered and directed as follows: 1996, it is 1, The parties shall submit themselves, their minor Child, and members of their respective households to an evaluation by Guidance Associates. This shall be an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties and the Child, The cost of the evaluation shall be shared equally by the parties, except that any additional charges related to conferences with members of each party's household shall be paid proportionately by each party. 2, Pending further order of this Court or agreement of the parties, the Father, Thomas G. Brown, and the Mother, Robin L. Brown, shall have shared legal custody of Erica R, Brown, born May 28, 1991. The Father shall have primary physical custody of the Child subject to the Mother's periods of partial physical custody as outlined in this Order, 3. The Mother shall have partial physical custody of the Child on alternating weekends from Friday evening at 6:00 p,m, until the following Monday at 6:00 p.m. 4. The parties shall alternate custody of the Child on the following holidays: Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and New Years Day, The parties shall have custody on an alternating basis on the foregoing holidays from 9:30 a,m, until 8:00 p,m. The Christmas holiday shall be divided into Segment A which shall begin at 9:00 a,m, on Christmas Eve and end at 8:00 a.m, Christmas Day, and Segment B which shall begin at 8:00 a,m. on Christmas Day and end at 5:00 p,m, on Christmas Day, The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years, 5, The Mother shall have a three (3) week period of custody of the Child during the summer school vacation upon providing ten (10) days prior written notice to the Father, In the event that the Mother's summer vacation custody interferes with the Father's preplanned vacation, the parties shall make alternate arrangements for the Mother's vacation custody by mutual agreement, 6. The Mother agrees that Barry Clark shall not accompany her during exchanges of custody of the Child. 7. Neither party shall remove the Child fran the Corrmonwealth of Pennsylvania for the purpose of relocating without having obtained the written consent of the other party, Both parties agree to fully inform the other of any change in residence of either party including address and telephone number. If either party intends to travel with the Child outside the Corrmonwealth of Pennsylvania for vacation or other purposes, that party, prior to departure, shall provide the other party with written notice of the destination of the Child and telephone number and specific address where the Child can be located. 8. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. 9. In the event the parties are not able to reach an agreement after the custody evaluation is completed, either party may contact the CUstody Conciliator to schedule a second Conciliation Conference. BY THE COURT, cc: Barbara Mathey, Esquire ~ "'>t-A.I;~l Keith B. DeArmond, Esquire Lf-lo-'1{' - U4~ Judge ,.., "." ,," ....~J " , "1 .'. .) ~.....; :.. " -' ,.- - I ;.... .;_oJ' '.~ ... TIlOOAS G. BRam, : IN THE COURT OF CXXolMON PLEAS OF Plaintiff , CUMBERLAND CCXJNTl(, PENNSYLVANIA , . . vs, . 00. 95-4769 CIVIL TERM . : ROBIN L. BRCMN, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PR!Cl{ JUDGB: George B. Boffer aJSla)Y CXH:ILIATIW SlNtARY RBPCm' IN ACCDml\NCB WI'l'B ClJmERLAND CXXNl.Y RDLB OF CIVIL Pll(lt .",..JRB 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Erica R, Brown May 28, 1991 plaintiff/Father 2. A Conciliation Conference was held on March 27, 1996, with the following individuals in attendance: The Mother, Robin L. Brown, with her counsel, Keith B. DeArmond, Esquire, and the Father, Thomas G. Brown, with his counsel, Barbara J. Mathey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire CUstody conciliator ,;r.... ;.... !' .... .j',... :,~,,:,.:' ..;';...... . 'c'., .~ .-,. ~1x:',;-,....' " '.~~ ,:....t ! ,~.. -:~ . .!" '\" ,.t. ';'. .~. '. ~'/~'" . -~~~/ . ~:~\:~~~;- !:.Vt::.". ~~?t~{,:': 'lI' .'