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Home My WebLink About02-5291 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff No. O~ - S.:)9/ C,.ul/~ v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE 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 arewamed 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 ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at York County Court House, York, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 GET LEGAL HELP. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania Telephone Number (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~- SJ.9/ Cu'Ll '-r~,\ MICHELE WHITE Plaintiff v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DNORCE A VISO PARA DEFENDER U RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 28 East Market Street, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HON0RAR10S DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DNORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. US TED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania Telephono Number (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. O~ ~ !,:Jct/ Cu~L '-r~ MICHELE WHITE Plaintiff v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE COMPLAINT UNDER &3301(C) OR &3301(D) OF THE DIVORCE CODE I. The Plaintiff is Michele White, who is an adult individual currently residing at 4805 Brian Road, Mechanicsburg, in Cumberland County, Pennsylvania, since approximately July 1984. 2. The Defendant is Francis P. White, Jr., who is an adult individual currently residing at 305 Thomas Drive, Apartment 2, Mechanicsburg, in Cumberland County, Pennsylvania, 17050 since approximately September 30,2001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31,1977, at Huntingdon Valley, Montgomery County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. COUNT I DIVORCE - SECTION 3301(c) and/or 3301 (d) 6. Paragraphs 1 through 5 above are incorporated herein by reference. 7. The parties separated on or about September 30,2001, and have continued to live separate and apart since that date. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised ofthe availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce. COUNTll EOUlTABLE DISTRIBUTION 10. Paragraphs 1 through 9 above are incorporated herein by reference. 11. The Plaintiff and Defendant possess various debts, various items of both real and personal property and assets which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to equitably distribute all debts and property, both real and person, owned by the parties. COUNT ill ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS & EXPENSES 12. Paragraphs I through 11 above are incorporated herein by reference. 13. The Defendant is employed at Wienken & Associates, Financial Services and has substantial earnings. 14. The Plaintiff has insufficient means of support for self and is without sufficient funds to meet the costs and expenses of this litigation. 15. The Plaintiff requests alimony pending the divorce, alimony after the divorce, counsel fees, costs and expenses incurred by the Plaintiff in connection with these proceedings. WHEREFORE, the Plaintiff prays your Honorable Court for the relief requested and for an immediate hearing as to alimony pendent lite. MENGES, GEN / (~li~U2- Dated: N. Cl1ristopher Menges Attorneys for Plaintif Sup. Ct. LD. No. 2316 145 East Market Street York,PA 17401 (717) 843-8046 M :\CHRIS\DOMESTIC\ WHITEMI\Pleadngs\DivorceComplaint.DOC VERIFICATION I verify that the statements made in this Complaint, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: /0-9-iJJ- 'jJu, _ }jt~ J-~ Michele White ~ ~ ~ ~l~ ~~:;; ~ . . .Ct) b0~ ~ g~o --~ , , ~ ff!~ r -J-~ r' J), o ~~ :J "-1 i- ") ~~~: ~ ~;.~~} . -.- ~ ~~ ~~~: ~ . r- ::=j ,n -< - .!_f!:\ , - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHELE WHITE, Plaintiff/Petitioner NO. ~~ - 6.2 q I v. CIVIL ACTION FRANCIS P. WHITE JR, DefendantJRespondent DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, TO WIT, this /1/cP day of Ih'};.mii&t;"2002 comes the Petitioner, Michele White, Plaintiff in the above-referenced divorce action, by and through her attorneys, Menges, Gent & McLaughlin, LLP, by N. Christopher Menges, Esquire, who files the following Petition for Alimony Pendente Lite whereofthe following is a statement: 1. Petitioner is Michele White, who is an adult indiviidual currently residing at 4805 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Rancis P. White, Jr., who is an adult individual currently residing at 305 Thomas Drive, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on December 31,1977. 4. Petitioner and Respondent were sepm:ated on or about September 30, 200l. 5. A Complaint for Divorce was filed, by Petitioner, on October ~, 2002. 6. The Respondent is employed at Weinken & Associates, and has substantial eanllngs. 7. The Petitioner has insufficient means of support for herself and is without sufficient funds to meet the costs and expenses of this litigation. 8. The Petitioner requests alimony pending the divorce, counsel fees, costs and expenses incurred by Petitioner in connection with these proceedings. 9. The Petitioner hereby requests an immediate hearing on alimony pendente lite. WHEREFORE, the Petitioner prays your Honorable Court for the relief requested. MENGES, GENT &. McLAUGHLIN, LLP N. Christopher' enges, Esquire Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 Telephone: 717-843..8046 Attorneys for Petitioner, Michele White Dated: , IN THE COURT OF COMMON PLEAS OF CUM]~ERLAND COUNTY, PENNSYL VANIA MICHELE WHITE, Plaintiff/Petitioner NO. v. CIVIL ACTION FRANCIS P. WHITE JR, Defendant/Respondent DIVORCE CERTIFICATE OF SERVIC.E; I, Virginia L. Rufo, do hereby certify that a true and correct copy of the foregoing Petition for Alimony Pendente Lite was served on the below named individual by placing the same in the United States Mail, postage prepaid thereon, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, P A 1710 1 MENGES, GENT & MCLAUGHLIN, LLP Dated: l#i.J.- ir . . a L. Rufo, FaJ y w PaJralegal to N. Christopher Menges, Esquire 145 East MaJrket Street York, PA 17401 Attorneys for Petitioner ... , C) Co c::; t\J .,- -j 'D -' ~.:) :.) .;..,! ~~'J C;O -<;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff, NO. 02-5291 v. Civil Action - Law FRANCIS P. WHITE, JR., Defendant. ACTION IN DIVORCE PROOF OF SERVICE On the lOi1l. day of December, 2002, I, Marty G. Burton, do hereby certify that a true and correct copy of the foregoing Complaint under ~330l (C) or ~330l (D) of the Divorce Code, Praecipe to Reinstate Complaint, Petition for Alimony Pendente Lite,. And Praecipe to Reinstate Petition for Alimony Pendente Lite, were served upon Defendant, Francis P. White, Jf., by hand delivering same to him at: 306" ih~Yl'\as On'\)e../lyn.Jt-.;l) r'1uA\M'r.s~ l'loso I verify that the statements in this Proof of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. M~~t~ STOPS P.O. Box 24 Littlestown, PAl 7340 (717) 359-1346 Signed and sworn to before me, this ./Jtt.- day of December, 2002. Notarial Seal Virginia L. Rufo, Notary Public York, York County My Commission Expires Nov. 22, 2004 ... ...... o c Z -oc:) q:J r~'i zf~c C,?".c ;::;0, (=' ~:~;. );.~ E.~ ~ Co' ,,, C:::7 r"''' C'") (:) -f! c~> U _..4... !::"" \0 .....i -~.~ :0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff No. 02-5291 v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE PRAECIPE TO REINSTATE COMPLAINT UNDER &3301(C) OR &3301 (D) OF THE DIVORCE CODE TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter, as Defendant has not been served within 30 days. MENGES, GENT & McLAUGHLIN, LLP /~/'1 i-D , I Dated: N. Christopher Menges, Esquire Attorneys for Plaintiff Sup. Ct. J.D. No. 23166 145 East MaJrket Street York, PA 17401 (717) 843-8046 '{""; , ,.' ~ ;il" ~~o;'::(;~,': T"~~-i~ - "7;' ;'. d'" .~ V ;':. :Jl;.-z- Q( ___......'., ,tlY.~__,_., _" ff',-L;- ~ri.... r Prol~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff No. O~ - S.:)9/ C{ulL't~ v. Civiil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM IUGHTS 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 aJre warned that if you fail to do so, the case may proceed without you and a Decree of divorce or annulment may bf: 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 ground for divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at York County Court House, York, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty A venue CaJrlisle, Pennsylvania Telephone Number (717) 249-3166 T'RUE COPY FROM RECORD 1ft T8Iiimooy Wnereot, I bere unto set my htinc and tN_ of said Cwr;t at Carlls!e. ~ Thlo '.i:.i""iJZt ~,(j~ ."- L--/rfh-L(.r~ . I,. '__ Prothooot I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff No. 0.:2.- SJ.9/ Ct"Ll '--r81-, v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE A VISO PARA DEFENDER U RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomaJr accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra par la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes paJra usted. Cuando la base paJra el divorcio es indignidades 0 rompimiento irrepaJrable del matrimonio, usted puede solicitaJr consejo matrimonial. Una lista de consejeros matrimoniales esta dispcnible en la oficina del Prothonotary, en la York County Court of Common Pleas, 28 East MaJrket Street, York, Pennsylvmia. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARlOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, V A Y A 0 LLAJ\1E A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County BaJr Association 2 Liberty A venue Carlisle, Pennsylvania Telephono Number (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0:;) - .'Jet, Cu~L 'r~~ MICHELE WHITE Plaintiff v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE COMPLAINT UNDER &3301(C) OR &3301(D) OF THE DIVORCE CODE 1. The Plaintiff is Michele White, who is an adult individual currently residing at 4805 Brian Road, Mechanicsburg, in Cumberland County, Pennsylvania, since approximately July 1984. 2. The Defendant is Francis P. White, Jr., who is an adult individual currently residing at 305 Thomas Drive, Apartment 2, Mechanicsburg, in Cumberland County, Pennsylvania, 17050 since approximately September 30, 2001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 1977, at Huntingdon Valley, Montgomery County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. COUNT! DIVORCE - SECTION 330l(c) and/or 3301 (d) 6. Paragraphs 1 through 5 above aJre incorporated herein by reference. 7. The parties sepaJrated on or about September 30,2001, and have continued to live separate and apart since that date. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce. COUNTIl EOUIT ABLE DISTRIBUTION 10. PaJragraphs 1 through 9 above aJre incorporated herein by reference. 11. The Plaintiff and Defendant possess various debts, various items of both real and personal property and assets which aJre subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to equitably distribute all debts and property, both real and person, owned by the parties. COUNT ill ALIMONY. ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS & EXPENSES 12. PaJragraphs I through 11 above aJre incorporated herein by reference. 13. The Defendant is employed at Wienken & Associates, Financial Services and has substantial earnings. 14. The Plaintiff has insufficient means of support for self and is without sufficient funds to meet the costs and expenses of this litigation. 15. The Plaintiff requests alimony pending the divorc(~, alimony after the divorce, counsel fees, costs and expenses incurred by the Plaintiff in connection with these proceedings. WHEREFORE, the Plaintiff prays your Honorable Court for the relief requested and for an immediate hearing as to alimony pendent lite. N. Christopher Menges Attorneys for Plaintif Sup. Ct. J.D. No. 2316 145 East Market Street York, PA 17401 (717) 843-8046 r~ll ~(}2-- Dated: M :ICHRISIDOMESTICI WHITEMlIPleadngslDivorceComplaint.DOC VERIFICATION ] verify that the statements made in this Complaint, aJre true and correct. I understand that false statements herein aJre made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. Date: /0 - 9.tJJ- <}l% _ )u~ !t~ Michele White ~....'Iil...., ~ ~.~-a... COMPLAINT REINSTATED '.'~~1:i;'; C) c: ~ ~)--::::'- n".\} li'P-; ~~. .21~ ~1 ~ ",", (:, PS:;- :3 ... C', 1,,-, :.::::1 .,.., " to") 'i'~ c::! a j,~ 3: 9.=> :.n -...J ;c::-) . '"T, ~ -:'"l :-.,;.. ( ) cJi"n ~ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff No. 02,.5291 v, Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE PRAECIPE TO REINSTATE COMPLAINT UNDER &3301(C) OR &3301 ill) OF THE DIVORCE CODE TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter, as Defendant has not been served within 30 days. MENGES, GENT & McLAUGHLIN, LLP I /~/'1 i-D , I Dated: N. Christopher Menges, Esquire Attorneys for Plaintiff Sup. Ct. J.D. No. 23166 145 East MaJrket Street York, PA 17401 (717) 843-8046 'f"":.. '" '. :.:' !;'?'f' f",,'};: ~\'.: ,',l '" " '., ~~ . " T...~;4~ --ii.. , '\ ,,' .y' -'; v ::l:.-z- li ~__.'""'~.. _"'._' -~lll-!.__,",,<~~ _,_ ff=c-Lo:;- ~ ,f..... r .~~ Prnlhtm.,l,.ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff No. O~ - S.:)9/ C "ulL~~ v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM IUGHTS 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 bf: 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 ground for divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at York County Court House, York, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S 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 GET LEGAL HELP. Lawyer Referral Service of the Cumberland County BaJr Association 2 Liberty A venue CaJrlisle, Pennsylvania Telephone Number (717) 249-3166 l'RUE COPY FROM RECORD 'n TfIIIUmcny Wher8Of, I bere unto set my har,c Mild 1M",*, of said Cwr.t at Carlisle. ~ ~.~~IJ~ Prothon , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02- SJ.9/ (?,(.;Ll '--rEA-, MICHELE WHITE Plaintiff v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE A VISO PARA DEFENDER U RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomaJr accion con prontitud. Se Ie avisa que si no se defiende, el caso puede pro ceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demand ante. Usted puede perder dinero, 0 propiedades u otros derechos importantes paJra usted. Cuando la base paJra el divorcio es indignidades 0 rompimiento irrepaJrable del matrimonio, usted puede solicitaJr consejo matrimonial. Una !ista de consejeros matrimoniales esta dispcnible en la oficina del Prothonotary, en la York County Court of Common Pleas, 28 East MaJrket Street, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARlOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DNORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, VA Y A 0 LLAJ\1E A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County BaJr Association 2 Liberty Avenue Carlisle, Pennsylvania Telephono Number (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. t'':l:,) ~ S:2ctl Cu~L '-r~~ MICHELE WHITE Plaintiff v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE COMPLAINT UNDER &3301(C) OR &3301(D) OF THE DIVORCE CODE I. The Plaintiff is Michele White, who is an adult individual currently residing at 4805 Brian Road, Mechanicsburg, in Cumberland County, Pennsylvania, since approximately July 1984. 2. The Defendant is Francis P. White, Jr., who is an adullt individual currently residing at 305 Thomas Drive, Apartment 2, Mechanicsburg, in Cumberland County, Pennsylvania, 17050 since approximately September 30,2001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 1977, at Huntingdon Valley, Montgomery County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. COUNT! DIVORCE - SECTION 3301(c) and/or 3301 (d) 6. PaJragraphs I through 5 above aJre incorporated herein by reference. 7. The parties sepaJrated on or about September 30, 2001, and have continued to live separate and apart since that date. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce. COUNTll EOUIT ABLE DISTRIBUTION 10. PaJragraphs 1 through 9 above aJre incorporated herein by reference. 11. The Plaintiff and Defendant possess various debts, various items of both real and personal property and assets which aJre subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to equitably distribute all debts and property, both real and person, owned by the parties. COUNT III ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS & EXPENSES 12. PaJragraphs 1 through 11 above aJre incorporated herein by reference. 13. The Defendant is employed at Wienken & Associates, Financial Services and has substantial earnings. 14. The Plaintiff has insufficient means of support for self and is without sufficient funds to meet the costs and expenses of this litigation. 15. The Plaintiff requests alimony pending the divorce, alimony after the divorce, counsel fees, costs and expenses incurred by the Plaintiff in connection with these proceedings. WHEREFORE, the Plaintiff prays your Honorable Court for the relief requested and for an immediate hearing as to alimony pendent lite. N. Christopher Menges Attorneys for Plaintif Sup. Ct. J.D. No. 2316 145 East Market Street York, PA 17401 (717) 843-8046 l~lt "U2-- Dated: M :ICHRISIDOMESTlCl WHITEMlIPleadngslDivorceComplaint.DOC VERIFICATION I verify that the statements made in this Complaint, aJre true and correct. I understand that false statements herein aJre made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. /0 - 9.~J- <}1%. )u~ ~~ Date: Michele White ~....tJ9.T"'~ ~.~...a.... COMPLAINT REINSTATED '.'~~Ti'c:" () C ::? f+~rt ~~:L< ~~'-' ,,;'?; (1 'f~(~ Pc 2: =< ,--) t\:., ::::1 -, ("") " .'T:> -_1 o ,);:... 3: 9.' :.n --.J ~ (""-J . '''r, ~ -,} :-::.. () C~rn j;: ..1.1 -< (~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHELE WHITE Plaintiff No. 02-5291 v. Civil Action - Law FRANCIS P. WHITE, JR, Defendant DIVORCE PRAECIPE TO REINSTATE PETITION FOR ALIMONY PENDiENTE LITE TO THE PROTHONOTARY: Kindly reinstate the Alimony Pendente Lite in the above captioned matter, as Defendant has not been served within 30 days. MENGES, GENT & McLAUGHLIN, LLP Dated: /~~~ . N. opher Menges, E Attorneys for Plaintiff Sup. Ct. I.b. No. 23166 145 East MaJrket Street York, PA 17401 (717) 843-8046 P'~. ;:~,~:.;.Ct, r~ D fitt my haf!>L! .. , ,.' ...; .... .." -t {,,),"'Ill>t-, n.. ~ ;';t. .:.~;~~ ~";~, '"~ l;l ,,,.j .".1,. na. ii,j'3 11 day of .:l v I /io4 ~ - 11~ <M~~J 1- ~~ Prothf':~~ ,. -a., , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHELE WHITE, Plaintiff/Petitioner NO, v. CIVIL ACTION FRANCIS P. WHITE JR, Defendant/Respondent DIVORCE CERTIFICATE OF SERVICI~ I, Virginia L. Rufo, do hereby certify that a true and correct copy of the foregoing Petition for Alimony Pendente Lite was served on the below named individual by placing the same in the United States Mail, postage prepaid thereon, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, P A 17101 MENGES, GENT & MCLAUGHLIN, LLP Dated: ;I #;,~ , /" ;//.. ~ .' I - , 1.' -... ~r './ i~~. ~Ufo, F~ . Y ~ PaJralegal to N. Christopher Menges, Esquire 145 East MaJrket Street York, PA 17401 Attorneys for Petitioner .. " ~..(~......, ~;,.~.. ~ COMPLAINT REINSTATED :~~'~^RY 0 a C) c: i'.) '" <:"'" ':Ji~ti 0 r''] [EJ[J': (~ oC"__ ...J_, Zr COl', a -< ..-~:~. ~c; ;boo 1. '1.-..... _. ~71 J ~ '-~2t,) "'-c 5>) c: OJ :.:5I'"n 2: :.n ~ =< -.I ~ FRANCIS P. WHITE, JR., Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION MICHELE WHITE, Defendant PACSES NO. 114104773 NO, 729 SUPPORT 2002 MICHELE WHITE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION FRANCIS P. WHITE, JR., Defendant PACSES NO, 383104856 NO. 827 SUPPORT 2002 MICHELE WHITE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION FRANCIS P. WHITE, JR.. Defendant PACSES NO.1 001 051 01 : NO, 02-5291 CIVIL ORDER OF COURT AND NOW. this 6th day of March, 2003, the above captioned matters having been scheduled for a hearing de novo before the Support Master, and the parties having by Stipulation reached an agreement on all outstanding issues, the hearing before the Support Master is cancelled, and the terms of the attached Stipulation are incorporated herein as an order of Court. ~,O ,--;;;--; ~vV~'1~ Edgar B. Bayley, J. CC: N. Christopher Menges. Esq, Theresa Barrett Male, Esq, Francis P. White, Jr. Michele White DRO Vl~rv'J\lASNN3d 11~ln~"" r"" ..." '''y";'~'nl''\ IUIXt ~\_,I__.,: .,::':"~ ':'~'1:_~T""i;~, V S G :2 Hd A ""'1/'\0 1..1..... ~.~ {'~ ;"'11' "-. J l"j ~ ,,/,,, ^t1\iLCjj"J(~:l _" Lt jO 3Ji::J:lO'C]3"ld STIPULA nON This Agreement is entered into on December 2-0) . 2002 by Francis P. White. / Jr. ("Husband") and Michele White ("Wife"). RECITALS Mereas, Husband and Wife are the plaintiff and the defendant, respectively. in the child suppon action flied in the Cumberland County Court of Common Pleas and docketed to # 00729 S 2002; PASCES # 114104773; and Whereas. on September 12, 2002 the court entered an order d~ting. Wife to pay Husband for the support of the parties' son. John Francis White (dob: O!J/~/86). child support in the amount of $273.00 per month, "effective August 16. 2002; and , Whereas. Wife and Husband are the plaintiff and the defendant. respectively. in the spousal support/alimony pendente lite ("apl ft) action tiled in the Cumberland County Court of COllUDen Pleas and docketed to # 00827 S 2002; PASCES # 3831048S6; and Mlerea.r, the court had scheduled an entitlement bearing for Decem~~ 'II. :~: and :--"" " Whereas. the parties have reached an agreement resolving the cbildsuPpori"~ tile apI claims. 0- Now Therefore, Husband 8Iid Wife. each intending to be legally..bound. ~venant and ,;....'..1 agree as follows: 1. Wife sball reimburse Husband '25% of the uninsured medical expenses, as that term is defmed for support purposes. incurred for 10hn. after application of the $250.00 threshold. As of October 28.2002, Wife's pro-rata share of these expenses is $68.25 [$523.00 _ 250.00 annual custodial parent obliption x 25%]. 8 d 998ltUl09 'ON/OG:n 'lS/~Z:Zl 800Z 9 8 (03M) WOH:! 2, Wife shall reimburse Husband 2j % of the out-of-pocket counseling and ' psychological expenses incurr~ for John through December 9,2002. After December 10,2002, Wife will have no responsibility for contribution toward these expenses. ' 3. . Concurrently with execution ofthJs stipulation, Wife shall withdraw with prejudice her complaint for spousal support and apI. 4. Effective December'IO. 2002. Husband shall pay Wire apl for ber support aDd maimcnance the swn of $300.00 per month. Husband. shall be entitled to deduct from r1le fust apl payment all child support arrears due and owing as of December 10, 2002, plus Wife's pro- rata share of the uninsured medical expenses, includina COUDSClina and Psycholoaica1 expenses, incurred prior to December 10, 2002. 5. Husband will make the apl payments through the Cumberland County Domestic Relations Section. The P ASCES order sb.aJl reflect tbat HUSband is entitled to a credit in the amount of $300.00; 6. H~band shall continue to provide medical coverage for Wife while the coverage is available throUgh his, employer at the current rates. Husband also shall pay sixty percent (60%) of Wifc's unreimbursed medical expenses, as defined by Rule 1910. 16-6(c), after , application of the $250.00 threshold. 7. For as long as Husband pays Wife api, the child Suppon order shall be suspended. If, hOwever', Husband's apI obligation terminates, then he sball be entitled to receivc child suppon payments from Wife'. 2 V d 99SlvLZl09 'ON/OZ:n 'lS/lZ:ZI soaz 9 S (03M) WOH:! 8. The parties shall fIle this stipulation to the Cumberland County divorce action docketed to Michele White v. Francis P. White, Jr., # 02-5291 for entry of an order incorporatirig its terms. Tn Witness Whereof, the parties have set their hands and seals tbe day and year first written above. Witness: 3 9 d 998lvUl09 'ON/O~:~I'lS/~~:~1 800~ 9 8 (03M) " . ~C&t, 4-. ffincis P. White. r. - 11~.~\~ Michele White WO~:J State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/07/03 Tribunal/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT })KI. c2P;tJ ~2. - -5-)..9 I C/ tilL /:)/(19i <;. /00/ b~"i" I ~ / @ Original Order/Notice a Amended Order/Notice a Terminate Order/Notice WEINKEN & ASSOCIATES STE 303 214 SENATE AVE CAMP HILL PA 17011-2336 RE: WHITE, FRANCIS p, JR Employee/Obligor's Name (last, First, Mil 205-42-6489 Employee/Obligor's Social Security Number 6695101028 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First,.MIl EmployerANithholder's Federal ErN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 300.00 per month in current support $ 0,00 per month in past~due support Arrears 12 weeks or greater? ayes (X) no $ 0,00 per month in medical support $ o. ooper month for genetic test costs $ per month in other (specify) for a total of $ 300.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 69.23 per weekly pay period. $ 138.46 per biweekly pay period (every two weeks). $ 150,00 per semimonthly pay period (twice a month). $ 300, 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding, You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU , P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCL UDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Service Type M v UG Form EN-028 Worker ID $IATT Date of Order:JMR 1 0 2003 3 -10 O~ OMB No,: 0970-0154 c..e/C:, ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If !:hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ;;:.::7;:";,t~~~~";:=:I~~~I' =:;:~;~~~"":~~~~~,:::,:h:~:~~~";,':r~;~'~~e~: of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S 10: 2512165490 EMPLOVEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: WHITE, FRANCIS P. JR 6695101028 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. lOJ Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Cred it Protection Act (15 U.S.c. ~ 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O, BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet ~hildsupport;state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker'lD $IATT OMB No.: 097().(J154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WHITE, FRANCIS p, JR PACSES Case Number 100105101 Plaintiff Name MICHELE WHITE Docket Attachment Amount 02~ CIVIL $ 300.00 Child(ren)'s Name(s): DOB ..,.... . ........... ............................ .... .................................... .................................,............................,...,.............'..................,.....,.. ...'..................,........'..,..'....'............','.'." . ......... ...... . :':.;. ::: >_> ", .::: -..0;-::. ' .<::-: :::~ :: :-:::-: .;.::>: -: '';:-: -: : :-;.::: -:';'.'.'; -::>. <:.' .;>>:';' :-:';'.' ,.;.:-: ::-:., -::> .<::-:::-:-;.. -:';.>. .::::. "-:::'.:;':- ;.;. :-;:.'. ':';:.'.: >.,.. '';. .:': :-.', ;:-::,' .':.'. "'. .' . [J If checked, you are required to enroll thechild(ren) , identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(si: DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintj'ff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee'slobligor's employment. Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintjff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. Form EN-028 Worker ID $IATT o ~; ill~:'" -;:rr" c~ ~'~.-' i:;c ::::~ :f~-:' s'-" ....c z =2 C;1 (,...) ..-.... .. (j ,':'\ " -0 i, ._) , w ,.:) ''1'1 ::=~l "'boo :1:) -< ...,A) \0 Theresa Bacrett Male Supreme Court # 46439 513 North Second Street Hacrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE WHITE Plaintiff NO. 02-!5291 Civil Term v. FRANCIS P. WHITE, JR. Defendant CIVIL AcnON - DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Theresa Barrett Male, Esquire, on behalf of Defendant and enter the appearance of Hubert X. Gilroy, Esquire. 1k~bLU~ Theresa Barrett Male, Esquire (") (:) 0 c ..., -rl s:: 0 "0." .-' , TTln', '". r.:::. 2-'''1 --~ I 2('. C;' cq"",~, C,', ~t, () "'0 ~'\J:.~ Pc """Y.'" Z< " ., j;;/-' .'"-~rn C .~ ~ :::> :;;.1 ::n (1) -< MICHELE WIDTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW FRANCIS P. WIDTE, JR., Defendant NO. 02 - 5291 CIVIL ACTION IN DIVORCE PREHEARING STATEMENT OF DI9:FENDANT FRANCIS P. WInTE. JR, Defendant, Francis P. White, Jr., by his attorneys, Broujos and Gilroy, P.C., sets forth the following in accordance with the May 5, 2004 directive from the Divorce Master: I. BACKGROUND INF'ORlVlATION The Defendant, Francis P. White, Jr., was born on July 11, 1952 and is currently 51 years of age. He resides at 280 Penn Street, Alderbrook 13, Higllispire, Pennsylvania, 17034. The Defendant resides with his son of this marriage, John Frands White, who will be 18 on May 25 of this year and is receiving his high school diploma through home schooling/computer networking with an expected graduation date of this June. Plaintiff, Michele White, was born on June 23, 1954 and is currently 49 years of age. She resides in the marital home at 4805 Brian Road, Mechanicsburg, Pennsylvania, 17055. She currently resides alone but, in the past, she has had tenants in the property since the parties separated. The parties were married on December 31, 1977. There were two children of this marriage, a daughter Victoria who is currently 22 and in college, and the mentioned son John who is soon to be 18. The parties separated on September 30, 2001 when the Husband left the marital home. Husband is currently employed with Wienken & Associates as a Compliance Officer. He enjoys a base salary of $30,000.00 with incentives and bonuses. In 2003, he earned $41,478.00 and earned $37,615.00 in 2002. Husband has been working at his current job since October of 1999. Previously, he worked 20 years as a Market Representative at Amerada Hess. The parties have resided in Cumberland County at the current marital home since 1985. Wife is currently an art teacher at Bible Baptist School lmd has been in that position for approximately 13 years. She is only working part time currently, but previously did work full time. A vocational analysis has been performed for the Wife which is referred to below. This is a fIrst marriage for both parties. Other than thl~ two children mentioned above, there are no other children of the parties. Husband's health includes treatment for depression and anxiety which initiated in 1999 and continues to date. He is currently on medication for both conditious, and he is also on high blood pressure medication. Husband experiences periodic tremors in the morning and has occasIonal difficulty functioning in the morning as a result of his condition. Husband feels the uncertainty of the pending divorce litigation has added to the anxiety/depression condition. Wife suffers from a hearing impairment which she has had since infancy, but she atllended mainstream schools, was taught to lip-read and her current position is that of an art teacher. Wife has a Masters Degree in art education from Temple University. She has a BS from Temple in fme arts. Husband has a high school degree ~lI1d some college credits with no college degree. Since separation, the minor child John has lived with his fal,her. Husband has been paying spousal support on a montWJ' basis with a set off for child support. His montWy payments to Wife are $300.00 a month which reflects an adjustment for Wife's obligation for child support for John. II. MARITAL PROPERTY ISSUES The parties possess various items of marital property which are subject to distribution and include the following: 1. Marital Home - The parties own plrOperty at 4805 Brian Road, Mechanicsburg, Pennsylvania. A certified appraisal has been obtained for the property showing it has a value as of November 2003 of $124,000.00. There is no mortgage or any other Iieus on the property. Wife has had exclusive possession of the property since separation and Husband understands Wife desires to retain the property as part of the divorce but is uusure because Wife's counsel has never submitted any specific proposal for resolution of the case. 2. Rental Value of Marital Home - As in(licated, Wife has had exclusive possession of the marital home since September 2001. The' certified appraiser retained with respect to value of the real estate has indicated a fair market rental value for the property of $900.00 per month. The mortgage was paid off in full before Husband left the marital home, and Wife's only payments have been the standard utilities. In fact, Wife has had renters at the property (students from Messiah) over th'e past few years. Rental value received by Wife based upon $900.00 per month from September 2001 through May 2004 equals $28,800.00 (32 months x $900.00). Husband asserts a claim for one half of the fair market rental value. 3. Amerada Hess Peusion Plan - This is a dermed benefit plan paid for exclusively by the employer. An analysis was performed by Conrad M. Siegel, Inc., which suggests that Mr. White could elect to receive payments at age 55 with a monthly benefit of $528.35 at a present value of $68,608.00. In the alternative:, benefits could be elected at age 65 with a monthly benefit of $1,280.00 with the present v:~lue of $72,177.00. There is no cash value in the pension at this time. Mr. White understands that there is a survivor benefit to the peusion which is approximately one half. Husband's position with respect to distribution of this asset is that it should be allocated undl~r a QDRO with Wife receiving any portion she may be entitled to at the same time Husband receives his portion. Husband is not inclined in any negotiations to accept this peusion in full in lieu of other assets, especially in light of the uncertainty of the actual receipt of the pension and in light of the anticipated income tax consequences of the pension monies at time of receipt. This pension is 100% marital property because the start work date was after the date of marriage. 4. Husband's IRA - Husband has an IRA with MML Investors. It was in existence prior to separation and no contributions have belen made since separation. Value as of May 17, 2004 was $39,632.00. This consists of all marital assets. 5. Wife's IRA - Wife has an IRA with Fidelity Investments. The value as of October 2003 was $4,491.51. An updated value will need to be obtained. Husband believes this value is 100% marital property. 6. Seoaration Assets - At time of separation, the parties had approximately $58,000.00 in cash. Husband and Wife met with a counselor and agreed at that time to equally divide that money with each party receiving approximately $29,000.00. The parties also distributed automobiles that they owned at that point and any miscellaneous personal property in the home. All credit cards were paid in full at time of separation. Husband's position is that these assets do not need to be examined by the Master in connection with equitable distribution, and Husband understands Wife's position is the same based upon Wife's representation at time of separation and distribution of these assets. However, Wife's counsel has provided no confInnation of this position. 7. Life Insurance Policies - There are some miscellaneous life insurance policies on Wife which Husband suggests may not have any significant value. Husband has some term policies on himself which have no cash value. III. Alimony There has not been any significant negotiation between the parties in this particular matter. Husband understands that Wife asserts that she is entitled to alimony. Husband believes Wife is not entitled to alimony. Husband retained the services of Anderson Associates to perform a vocational evaluation, and a copy of the vocational evaluation report dated February 4, 2004 is attached to this memo. The report of Anderson Associates suggests that Wife has an earning capacity of $34,153.00 annually, and indicates that Wife could have an earning in post- secondary art instruction at $50,900.00. It should be noted that she is working PART-TIME as an art teacher and making approximately $20,000.00 per year. The vocational report also clearly identifies how Mrs. White has dealt with her hearing impediment. It should be noted that Mrs, White has a(:hieved a much higher educational background than her Husband despite any impairment, and that the hearing situation has not inhibited her from her current employment. There exists no physical reason why Mrs. White should not be working full time, and it is suggested that she should have pursued alternative career opportunities at time of separation which would have resulted in her currently earning a salary equal to or in excess of what Mr. White makes. IV. Miscellaneous Husband is prepared to negotiate on this case subject to the understanding that alimony would not be paid. The Settlement Conference with the Master may help in this situation to move the parties closer to an amicable resolution. Husband notes that the two-year separation was last Sepltember. Husband desires to move this matter forward in an expeditious fashion in an obvious desire to conclude this portion of his life and in an effort to minimize the negative impad this outstanding issue is having on his general health. There is no real point for the Wife to continue to remain in the marital home. This home is a 4 bedroom bi-Ievel. She currently lives in the property ulone. Husband is not prepared to completely off set any distribution of the marital assets by Husband taking qualified pension assets and Wife taking the home which could be immediately turned into a cash asset on sale. Based upon the assets, Wife will be required to pay Husband cash by fInancing or sale of the home. Respectfully Submitted, ~I Hubert X. Gilroy, Esqu' Attorney for D(fendant Broujos and Gillroy, P . 4 North Hanovl:r Str. t Carlisle, PA 1'701 Anderson A5s0ciates Psychology If Consulting PAUL A ANDERSON, D,Ed" ABVE 2418 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA 17110 TELEPHONE (717) 233-7779 FAX (717) 233-0350 ANDREW D, CAPORALE, M,S" CVE VOCATIONAL EV ALUA TION REPORT TO: Hubert X, Cilroy, E:sq. BrouJos & Cilroy 4 North Hanover Street carliSle, PA 17013 Phone: (717) 243-4!!i74 Fax: (717) 243-8227' Re: Michelle White 4805 Brian Road Mechanicsburg, PA 17050 Phone: 711 (then s.:!y) 717-737-5507 Work: (717) 737-35~jO x 121 DOB: 6/23/54 ACE: 49 SSN: 192-46-7372 February 4, 2004 Vocational Evaluation Report Re: Michelle White February 4, 2004 Page 1 INTRODUCTION A vocational assessment of Michelle White was conducl!ed in my offices on the date of January 9,2003. The assessment consisted of written records provided by Mrs, White, with respect to her educational, vocational and earnings background. Mrs. White is currently involved in a divorce proceeding. The purpose of the evaluation was to assess her vocational potential and earnings capacity, consistent with her age, education, vocational history and other employment related variables. The purpose of this evaluation was explained to Mrs. White, and she expressed understanding. SPECIFIC TESTS ADMINISTERED Jastak Wide Range Achievement Test-Revision 3 U.S. Department of Labor Occupational Check List Purdue Pegboard Test Minnesota Clerical Test BACKGROUND Mrs. White is a 49 year old female who has been separated from her husband since September 30, 2001. The Whites have two children, Vicki, age 21, who is in college, and John, age 17, who lives with his father. Mrs. White reports being pretty estranged from both of her children. She stands approximately 5'3" tall and weighs approXimately 1381bs. Mrs. White reports good physical health. She does, however, note a hearing impairment that has been present either since birth, or occurred in infancy, secondary to a measles infection. With respect to her hearing disorder, she is abh~ to communicate. She states that her hearing is very limited, but that she can read lips. She was able to converse with the vocational evaluator and was fairly easy to understand, with respect to communication. She states that she has experienced further gradual hearing loss over the years, but that it doesn't show up much, with respect to audiological examinations. MENTAL HEALTH Mrs. White states that she has been saddened by the separation, which took place on 9/30/01. She has seen a counselor at church approximately twice per month in this regard. With respect to missing work due to depression, she states that she has only missed one day in the 2 years of her separation. She states that she takes 37mg of the generic version of Effexor for her depression. This was prescribecl by her family doctor, Joseph Sincada of Shepherdstown Family Practice. She notes that there was a period of time when she had difficulty wearing her hearing aide, and the counselor helped. After 10 months she was again able to wear her hearing aide. Vocational Evaluation Report Re: Michelle White February 4, 2004 Page 2 EDUCATIONAL BACKGROUND Mrs, White graduated from Northampton Senior High School in, PA, in 1972. She was a B student and attended regular classes, with no special hlslp, except for in German class, in which she was able to get one-on-one assistance with the instructor for testing. She indicates that with respect to special activities, she was active in drama, TV, art club, yearbook and drawing for the school newspaper. She was awarded a Bachelor of Arts degree from Templls University in the Tyler School of Fine Arts in 1976. Here she indicates that she achieved a C average. She states, "I partied too much!" She became more serious in her Master's program, again at the Temple University Tyler School of Fine Arts, and majored in the field of Art Education. She graduated this program in 1979 with a B average. Her del~ree and certification are for Art Teaching from Kindergarten through twelfth grades, although she indicates that she has not kept up with her continuing education credits to maintain certification for public school teaching, but has maintained her credits for Christian school teaching. She has had no other schooling beyond this. VOCATIONAL BACKGROUND While in high school Mrs. White indicates that she sold for Fuller Brush Company on a part-time basis since the age of 16. She also worked at a garment factory as an inspector, during summer breaks from high school and college. She atlso performed work as the Arts & Crafts Director for the township playground, as well as frame shop fabrication on a part time basis. Other early employment, in the 1980's, included fabrication of artificial breasts for cancer patients and working atthe Archdiocese of Philaclelphia, teaching art workshops for seniors for 1% to 2 years. At that point, she had her first child, and often took the children to work with her. Her next employment took place in 1991. At that time she pElrformed part-time art teaching at the Bible Baptist School, a private Christian school in Shiremanstown, PA For 2 years she performed full-time teaching duties. She indicates that she pioneered the Art program at this school, teaching first through 12th grades. At the time of this evaluation, Mrs. White remains teaching at the Bible Baptist School on a part-time basis. She indicates that she is part-time salaried and works 10 hours per week in actual teaching and another 10 hours per week in preparation for teaching. She has also done private teaching and handled group lessons during the summer in the field of Art, and taught at the Art Center School & Gallery in Mechanicsburg, PA, beginning in the fall of 200:2. She has undertaken a state initiative program for Mental Health/Mental Retardation in a program called IM4Q, surveying the needs of mentally retarded or mentally disabled individuals, and in the past has also performed cleaning duties for the school at night, for about 7 months. She spent about 8 hours weekly on this assignment. She notes that total gross income for 2003 totals about $23,000, $14,900 of which comes from teaching assignments, while the rest is income from her part-time activities as described, and $4,:200 in rent. She indicates that Vocational Evaluation Report Re: Michelle White February 4, 2004 from this $23,000, she has some expense, such as for supplies and with respect to housing, the electricity. With respect to being off work for rearing her children, she states that she was pretty consistently employed, even after their birth, to the time of this evaluation. Page 3 Additionally, she performed substitute Art Teaching in the Harrisburg school district in 1979 for about half of the school year. VOLUNTEER ACTIVITIES Mrs. White indicates that she has been involved with being Chairperson forthe School Arts in the late 1990's. She also performed Sunday school and Bible School teaching, as well as performing art work for the school, the church and a Pro-Life group. CAREER ASPIRATIONS Mrs. White stated that she has considered pursuing a career teaching Art in the public school system. She notes that there are obstacles, but that she has overcome them and received many compliments in her role as a teacher, and that she likes her work very much. With respect to public school teaching, she states that one of the reasons she sought the position of chairperson of the School of Arts was to explore that possibility, because the people she works with on that committee are involved with the public school system. VOCATIONAL IMPLICATIONS 1. Mrs. White is 49 years of age. This currently places her within the "younger individual" classification, according to Social Security Administration Standards. She still has a considerable number of years remaining, in terms of worklife expectancy. According to the Social Security Administration, individuals born between 1943 and 1954, which includes Mrs. White, do not reach full retirement age until age 66. Subsequently, she has 17 years of vocational potential remaining before being eligible for full retirement benefits. 2. Mrs. White's current medical status, as portrayed b~' her is notable for impaired hearing, for which she uses a hearing aide, and has learned to lip-read, and mild depression, which is being treated by counseling and the generic form of anti- depressant Effexor. Neither of these conditions have prevented her performing the duties of an Art Teacher. 3. Mrs. White holds a Bachelor's and Master's degree in Art Education from Temple University's Tyler School of Fine Arts. She currently has an active Instructional" Certification from the Commonwealth of Pennsylvania in the subject area of Art, Kindergarten through 12th grade, issued on 1/1/99. She has demonstrated a Vocational Evaluation Report Re: Michelle White February 4, 2004 Page 4 consistent work history since acquiring her Bachelor's degree in 1976. Almost her entire work history has been in the field of Art, as detailed above. Her stated aspirations include teaching art in the public school system. In 1979, Mrs, White acted as a substitute art teacher in the Harrisburq School District for about half a year, 4, Mrs. White has two children, one age 21, in college!, and the other age 17 who lives with her estranged husband. Therefore, Mrs. White is not precluded from the full time labor market due to child-rearing considerations. 5. Mrs. White has acquired a variety of skills due to her educational achievement and vocational history. These would include a wide familiarity with artistic principles, techniques and color tones; the ability to visualize final products; the spacial perception and visual acuity to ascertain three-dimensional forms and arrange- ments; the ability to understand and apply basic teaching principles; th ability to develop training materials; the ability to maintain effective teacher-student relationships; the ability to communicate ideas and information; and the ability to plan direct and assess the work of others. She is also computer literate. 6. Given the foregoing, Mrs. White has a number of vocational options that fall within her stated aspirations and demonstrated vocational and educational backgrounds. A. Mrs. White's most immediate, though least lucrative, vocational option would be to remain in her current position as a part-time art teacher at a private school, and continue with her extra-curricular activities, with respect tp private teaching and other activities, Her current annual income is about $19,800 from her artistic endeavors. The other $4,200 of her gross annual income of about $23,000 comes in the form of rental payments. B. A second option would be'to enter the private industrial sector to work as a graphic artist or illustrator. Competition in these fields is keen for both salaried and freelance work. Entry level earnings equate to $24,610 annually, and median earnings are $35,950 annually, both according to the Pennsylvania Department of Labor and Industry's Center for Workforce Information and Analysis for the Harrisbur9-Lebanon-Carlisle Metropolitan Statistical area. A labor-market survey by this evaluator failed to locate any current openings in the MSA. However, according to the Department of Labor and Industry's Occupational Employment Outlook, 2000-2010, there are only five openings annually in the fields, two due to growth and three due to replacement of workers, again in the Harrisburg-Lebanon-Carlisle MSA, This is not an optimal career track because of the keen competition and limited number of openings in the local labor market. C. The most reasonable, and lucrative, vocational option for Mrs, White would Vocational Evaluation Report Re: Michelle White February 4, 2004 Page 5 be to perform as an art-teacher in a public-school setting. A labor-market survey by this evaluator on 12/28/03 found two positions for art teachers, both in the Harrisburg-Lebanon-Carlisle MSA. No salaries were advertised for these positions. Both fell within the areas of Mrs. White's experience, making her an excellent candidate for both. Earnings can be anticipated to equate to those of a secondary school vocational-education teacher, where, according to the Pennsylvania Department of Labor and Industry's Center for Workforce Information and Analysis, entry-level earnings in the Harrisburg- Lebanon-Carlisle MSA are $29,590, while average earnings are $44,180. Mrs. White has considerable education experience and instructional certification. Although the competition for art teachers is somewhat keen, and the number of openings annually in the Harrisburg-Lebanon-Carlisle MSA are limited, the labor-market survey performed by this evaluator shows that openings do exist, and Mrs. White's bacl<ground, educational attainment and experience would provide her an advantage over many potential job candidates. D. A final vocational option for Mrs. White would be to enter into teaching at the post-secondary level. Because of her years of experience in the field of art education that dates to 1991 on a consistent basis, and extends to 1979 in the public-school setting, her educational attainment of a master's of education degree in art and her Instructional II Certification qualify her to teach in such an environment, at least at the community-college level. A labor-market survey by this evaluator noted a position available for an art- education program director in a college setting. Requirements indicated that a master's of education and experience would qualify an individual for the position, although it was noted that a Ph.D. or Ed.D. was preferred. That opening, however, was not in the Harrisburg-Lebanon-Carlisle MSA but was in Pennsylvania, and this provides an example that such positions do occur at the post-secondary level. According to the Pennsylvania Department of Labor and Industry's Center for Workforce Information and Analysis, entry- level earnings in the Harrisburg-Lebanon-Carlisle MSA for such positions are $28,690, and median earnings are $50,9010 annually. Since Mrs. White is limited to a master's degree and has no previous post-secondary teaching experience, she would most likely be limited to earnings nearer to the entry- level figure, at least initially, progressing to higher level salaries later. State statistics on position openings for post-secondary art teachers are shared with those of drama and music teachers. Combined, there are about 16 such positions annually in the Harrisburg-Lebanon-Carlisle MSA, nine due to growth and seven due to replacement of workers leaving the field. SUMMARY Mrs. White is a 49-year-old female with 17 years remaining in her work life expectancy . .. ~ Vocational Evaluation Report Re: Michelle White February 4. 2004 Page 6 before she is eligible for full Social Security retirement benl3fits. She has shown a relatively consistent and successful work history in the arts and arts education fields since 1979, primarily in private education and individual tutoring. Her .earnings from these endeavors were $19,200 in 2003. Because Mrs. White possesses a master's degree, years of teaching experience and aspirations to enter the field of public-school art instruction, she has the demonstrated potential of achieving higher levels of earnings than she has previously shown. As detailed above, her median earnings in the field of art instruction at the secondary level would be $44,180. Entry-level earnings are lower, at $29,590 annually. However, Mrs. White has a master's degree and substantial experience, which lends credence to an argument that she would not be expected to enter the field at the lowest level of earnings. And, while competition is keen, positions were found in the Harrisbur!l-Lebanon-Carlisle MSA during a labor-market survey by this evaluator in December 2003, and, again, Mrs. White's educational attainment and previous experience make her a stronger candidate for such positions compared to individuals with lesser degrees or less experience. Mrs. White could also enter the field of post-secondary art instruction. While median earnings are higher, at $50,900, it is also true that Mrs, White does not have a doctorate degree or previous experience at the post-secondary teaching level. Therefore, she would most likely enter the field with entry-level earnings of $28,690 and rise from that point. Based upon the aforementioned factors, Mrs. White is capable of an average earnings of $34,153 annually, a reasonable projection of her earnings potential, with her education and work experience, This figure is an average of the secondary and entry level earnings in the field of art instruction, as well as entry level earnings in post-secondary art instruction, where her experience and educational attainment make her a strong candidate, If you have any questions, please advise. Sincerely, ~J~. ~~J{~ ,/ Paul A. Anderson, D.Ed., ABVE Psychologist, Diplomate, American Board of Vocational Experts ~~~p ~ Andrew D. Caporale, M.S., CVE Certified Vocational Evaluator PAA/ACD/hep . . Q c. -",. -n~~; 0.7"-" -7: ()"J ~::Cj 'J:;:~ 1'--) , ',. ""'i " j;-~ =<! 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IIlBpOOJQ(J ':lI!llA\ 'd sPUBJd S! loopuods:!H 01: 'SSOL I 'B!UBA[.(Sllll:ld 'llJnqs:>!UBlj:xlW '[lBOH UB!.Ia S081> IB sap!s:!J OljM (Bnp!^!P1I! IlnpB UB pUB UO!J:>llII!Ip!M :lip U! lJ!IU!Bld 'al!l[J\\ a[alj:>!W S! J;luo!l!)Qd " [ :lllIjI SIOOS:Ud:u .(l(lYl:>OOS:U J;lUO!I!)Qd p:lullp1J:lpun al/l. :UlflO;) <IlVS .!f0 S:ff)(lflf :f'IHVUONOH :fRL 0.1 lI:fmIO .1lIOddflS .!f0 .LN:mI<IN:mJ:V 1I0!1 NOUU:fd .LlIOddOS JU8puaJaa 'UIHA\ "d SI;)NVlI.!l A\ V'I - NOIJ.:)V 'IIAI;) "ON olla 101S01001 'oN an;) S:fS;)Vd 16tS-ro 'oN J'"I30a "A .lJ!JIIJBJd ':f.1mA\ :f'I:fH;)1W NOU;):fS SNOUV'I:nI ;)US:mIOO VINV A'IASNN:fd 'A.lNJ10;) <lNV'IlI:fIlWa.:).!fO SV:f'Id NOWWO;).!fO .1lIl10;) :fRL NI MICHELE WHITE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLANU COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PRANCIS P. WHITE, JR., Defendant/Respondent NO. 2002-5291 CIVIL TERM IN DIVORCE Pacses# 10010S101 ORDER OF COURT AND NOW. this II" day of October, 2004, a petition has been filed against you, Francis p, White, Jr., to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on November 22. 2004 at 9:00 A.M. for a conference and to remain until dismissed by the Court, If you fail to appear as provided in this Order, an Order of Court may be entered against you, You are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910,11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Georg" E. Hoffer, President Judge Copies mailed 10-11-04 to:< Petitioner Respondent N. Christopher Menges, Esquire Hubert Gilroy, Esquire Date of Order: October II. 2004 ~Sh ,)l,.~ Ll~ , YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU, IF YOU DO NOT HAVE A LAWYER OR CA'lNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 otJ& 0, ~",-~ r--~ e. ': 8".A "J "I "n "'"Z 1.::J .;:, ~'~~:- v _,-,) J ~uU :Ji--!i .:IC) IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTIlON v. Docket No. 02-5291 PACSES Case No. 100105101 DRO No. CIVIL ACTION - LAW MICHELE WHITE, Plaintiff FRANCIS P. WHITE, Defendant SUPPORT PETITION FOR AMENDMENT OF SUPF'ORT ORDER TO THE HONORABLE JUDGES OF SAID COURT: The undersigned Petitioner respectfully represents that: I. Petitioner is Michele White, Plaintiff in the within action and an adult individual who resides at 4805 Brian Road, Mechanicsburg, Pennsylvania, 17055. 2. Respondent is Francis P. White, Defendant in the within action and an adult individual who resides at 280 Penn Street, Alderbrook 13, Highspire, Pennsylvania, 17034. 3. There is an active support order on this case entered by the Court of Common Pleas of' Cum b e r 1 a I1~ County, Pennsylvania. 4. Since the entry of said Order there has been a material and substantial change in circumstances, as follows: on May 25, 2004 child, John Francis White, reached the age of majority, and has graduated high school" and therefore, there should no longer be an offset. 5. By reason of said change in circumstances, the said Order of March 6, 2003 should be modified as follows: The suspended child support case, in which Husband is Plaintiff and was suspended on March 6. 2003 should be terminated administratively, and a conference scheduled to reca1culate APL, in which Wife is Plaintiff, because the,child support offset no longer exists. WHEREFORE, Petitioner respectfully prays that the existing Order of Court be modified in the respects hereinbefore set forth and for such other relief as the Court may find just and proper. I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. !i4904, relating to unsworn falsification ::~OritifJl ~I - ':;:i:;~:;j~.. ~ ~ Phone Number: (717) 843-8046 Name of Attorn~y: N. Christopher Menges, Esquire ID#23166 145 East Market Street York, PA 17401 ( ) Fee Paid Receipt No. ( ) Exempt ( ) TANF ( ) SSI Date Worker ( ) 1ncarc. n ,..., c:;:, <:f, c-: c~::,; U) -l -;-- i-7~ (l'i .~0 f'.,,) CJ ~.._, c:> ~.~.:... .-< 0 -- ''- en -4 3;:tt;a!H~1!'~;Wi, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELE WHITE ) Docket Number 02-5291 CIVIL Plaintiff ) VS. ) PACSES Case Number 100105101 FRANCIS p, WHITE JR ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 6TH DAY OF DECEMBER, 2004 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or (i) Terminated without prejudice or 0 Terminated and Vacated, effective NOVEMBER 01, 2004 , due to: THE PARTIES' PROPERTY SETTLEMENT AGREEMENT AND AN O:BLIGATION OF ALIMONY BEING ENTERED, EFFECTIVE NOVEMBER 1, 2004 THROUGH OCTOBER 31, 2005. A CREDIT AMOUNT OF $525,86 ON THE APL ACCOUNT WILL :BE DIRECTED TO THE ALIMONY ACCOUNT, DRO: RJ Shadday xc: plaintiff defendant N. Christopher Menges, Esquire Hubert Gilroy, Esquire Service Type M BYry:~ 2- ~ ~;Z -'1'a.... Edgar B. BaY~y \JuDGE Form OE-504 Worker ID 21005 --r 1" - , . ' ~ ~ o c; ( , """-> c:::.:> t=,":) -ii.:.- o ., -::I :,t.-1 rn -'- r- -OfT) .UC' .."") , .~i~ c:::J rrl c-:, , -.J -::., -":"" ,,c.- c::> MICHELE WHITE, Plaintiff IN THE COUET OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 5291 CIVIL FRANCES P. WHITE, JR., Defendant IN DIVORCE. ORDER OF COURT AND NOW, this c2(sl- day Of~ 2004, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated November 17, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, I' ----,10 , Ge{r J. cc: ~. Christopher Menges Attorney for Plaintiff vHubert X. Gilroy Attorney for Defendant ~ /\.':_!'f' (' " ,-' : i :! ~ ,\...- ,-- '-' . -,' . ,,-,-- " , ;~ ] ~ l] ~1~: ~ Z 1 I _I:'~', :--_;-';.,L SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 17---M.day of ~o\r_ , 2004, by and between Michele White, of Cumberland County, Pennsylvania, hereinafter called "Wife", and Francis P. White, Jr., of Cumberland County, Pennsylvania, hereinafter called "Husband", WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on the 31 st day of December, 1977, and there have been two issue of such marriage; Victoria \Vhite, 22 years of age, and John F. White, 18 years of age, both emancipated; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife desire amicably to settle ,md determine, finally and for all time, their mutual property rights arising from said marriage. NOW, THEREFORE, in consideration of the mutual covenants herein made, as well as other good and valuable consideration, the receipt of which hereby is acknowledged, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1. Personal Rights. It shall be lawful for Husband and Wife, at all times hereafter, to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectively shall deem fit, free from any control, restraint or interference, direct or indirect, by each other, as fully as ifhe or she were single and unmarried. Neither party shall molest the other, nor compel, nor endeavor to compel, the other to cohabit or dwell with him or her, by any legal or other proceedings. Each may, for his or her benefit, engage in any 1 employment, business or profession, as he or she chooses. None of the provisions of this paragraph shall be taken to be an admission on the part of either Husband or Wife as to the lawfulness or unlawfulness of the causes leading to their living apart. In addition to the foregoing, each party may, for his or her separate use or benefit, conduct, carry on and engage any business, occupation, profession or employment which to him or to her may seem advisable without any molestation or interference from the other party. In addition, Husband and Wife both agree that each shall not molest, harass, or malign the other or the respective families of each other. In addition, Husband and 'Wife agree that they will not enter into the home of the other, for any reason, without the express permission of the other, which said permission must be personally given and, therefore, not given through children or other family members. 2. Wife's Warrant As To Debts. Wife represents and warrants to Husband that she has not incurred any debts or made any contracts upon which Husband or his estate may be liable, except as may be otherwise referred to in this Agreement. 3. Husband's Warrant As To Debts. Husband represents and warrants to Wife that he had not incurred any debts or made any contracts upon which Wife or her estate may be liable, except as may be otherwise referred to in this Agreement. 4. Future Debts Or Liabilities. Wife shall not contract or incur any debt or liability, subsequent to the date hereof, for which Husband or his property or estate might be responsible, and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of any such debts or obligations incurred by her. In the event that Husband, at any time hereafter, shall be obliged to pay any debt or debts incurred by Wife 2 subsequent to the date hereof, then and in such case, in addition to his other rights and remedies by law, Husband may deduct and retain the sums he may be obliged to payout of any future payments to Wife or for her benefit that are required to be made by him under this Agreement. Husband shall not contract or incur any debt or liability, subsequent to the date hereof, for which Wife or her property or estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of any such debts or obligations incurred by him. In the event that Wife, at any time hereafter, shall be obliged to pay any debt or debts incurred by Husband subsequent to the date hereof, then and in such case, in addition to her other rights and remedies by law, Wife may deduct and retain the sums she may be obliged to payout of any future payments to Husband or for his benefit that are required to be made by her under this Agreement. 5. Alimony. Husband shall pay Wife the sum of Three Hundred ($300.00) Dollars per month for alimony beginning November 1, 2004. Said alimony payments shall be paid by Husband to Wife through the Domestic Relations Office of Cumberland County. This shall be accomplished by taking the current order for spousal support/alimony pendente lite, having it terminated and replaced by alimony or by having the spousal/alimony pendente lite order modified to be turned into alimony, whichever way satisfies the procedural requirements of the Domestic Relations Office of Cumberland County. Husband and Wife agree that Wife shall include all payments of alimony as income on her income tax return and Husband may claim his payments as a deduction on his income tax return. Husband and Wife agree that they will do everything that is necessary and appropriate to insure that Husband's deduction of all alimony payments he makes to Wife, pursuant to this 3 Agreement, are allowable as deductions from his income for income tax purposes. Both parties acknowledge giving to and receiving from the other party their tax identification number to be used on their tax returns. Both parties agree to comply with all tax regulations concerning due reporting and payment of taxes on these alimony payments. Wife specifically agrees to file a copy ofthis written agreement with the first tax return to which that requirement applies. Husband and Wife further hereby waive any and all other claims each may have against the other, now or in the future, for alimony, alimony pendente lite, spousal support, or any other claim of a similar nature, other then that set forth herein above, specifically. Said alimony payments shall terminate upon the first ofth\~ following to occur: a, October 31,2005; b, remarriage of Wife; c, death of Wife; d. death of Husband; e, cohabitation by Wife with a member of the opposite sex as defined in the Divorce Code of Pennsylvania. It is specifically agreed that upon the happening of one of the above-mentioned occurrences or arrivals of dates or events which result in the cessation of said alimony, and said occurrences or events ceasing (for example, Wife cohabits and then cease to cohabit), that upon the alimony ending, as aforesaid, it shall never, for any reason, recommence. Husband and Wife agree that the amount of alimony that they have agreed upon, herein, shall be non-modifiable. 6. Tangible Personal Property. The parties acknowledge that each of them shall own, have and enjoy, independently of any claims or right of the other, all items of tangible personal property of every kind, including personal clothing, jewelry, tools and prior gifts, now 4 or hereafter owned or held by him or her, with full power to dispose of the same fully and effectually, in all respects and for all purposes, as ifhe or she were unmarried, unless otherwise specifically provided for herein. 7. Intangible Personal Property. Husband and Wife agree that all intangible personal property, including, but not limited to, checking accounts, savings accounts, credit union accounts, life insurance, other insurance, pension plans, retirement plans, stock option plans, employment benefits and stocks and bonds, shall remain in the ownership of the person in whose name such property is now titled. This shall include but not be limited to the following distribution of intangible personal property: a. Husband's term life insurance policy shall remain the sole property of Husband; b. Wife's term life insurance policy shall remain the sole property of Wife; c. Wife's IRA with Fidelity Investments in the approximate amount of Four Thousand Four Hundred Ninety-two ($4,492.00) Dollars shall remain the sole property of Wife; d. Husband's pension with Amerada Hess Corporation, in the approximate amount of Seventy-two Thousand One Hundred Seventy-seven ($72,177.00) Dollars shall remain the sole property of Husband; and e. Husband's NFS 40l(k), in the approximate amount of Thirty-nine Thousand Six Hundred Thirty-two ($39,632.00) shall remain the sole property of Husband. 8. Vehicles. Wife shall become, and is hereby declared to be, the sole owner of the 5 vehicle in her possession. Husband shall become, and is hereby declared to be, the sole owner of the vehicle in his possession. Husband and Wife agree that each ofthem, upon demand by the other, shall execute whatever documents may be reasonably necessary to give full force and effect to the provisions of this paragraph of this Agreement. Such documents may include, but are not limited to, motor vehicle titles and registration and insurance papers. Husband agrees to be solely responsible for the payment of any loan, the repayment of which is secured by a lien on the title to any vehicle which, by virtue ofthis paragraph of this Agreement, he is the sole owner of. Wife agrees to be solely responsible for the payment of any loan, the repayment of which is secured by a lien on the title to any vehicle which, by virtue ofthi8 paragraph of this Agreement, she is the sole owner of, Each party shall be responsible for obtaining any and all automobile insurance on his or her vehicle beginning on the date of the execution of this Agreemcmt. Each party shall be responsible for the encumbrance on his or her own vehicle. 9. Real Estate. The residence of the parties, situate in Cumberland County, Pennsylvania, identified as 4805 Brian Road, Mechanicsburg, together with the improvements thereon erected, and all the contents therein and thereof, except as herein specifically reserved, shall become the sole property of Wife. Husband hereby grants, bargains and sells all interest therein to Wife. From the date of this Agreement, Wife shall pay any and all mortgage payments, all repairs, improvements, utilities, taxes, insurance, and other expe:nses of maintaining the said residence, as well as any transfer taxes and costs of recording any deed for the said residence. It is agreed that within ten days of the execution of this Agreement, Husband shall execute a special warranty deed to Wife and shall deliver same to "'ife, Any cost of recording 6 the aforesaid deed shall be borne solely by Wife. The sole right of possession of the marital real estate, as aforesaid, is hereby in Wife, only, effective upon the execution of this Agreement. Wife hereby indemnifies Husband for any unpaid taxes or other expenses for said marital residence. 10. Unpaid Bills And Charge Accounts, It is hereby agreed that the parties have no unpaid bills and/or charge accounts arising from this marriage. In the event that any become known to a party after the execution of this agreement, the party in whose name the credit card other obligation is titled shall be solely responsible for the payment of same. 11. Attorney's Fees. The parties hereto agree to be responsible for their own, respective counsel fees, in connection with their legal affairs hereunder, and in any divorce action between the parties. 12, Additional Instruments. Each ofthe parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 13, Certificates Of Ownership, Each party hereto covenants that he or she will execute any and all documents reasonably required to transfer title to all properties which are the subject of this Agreement. 14, Mutual Releases. Wife does hereby remise, release, quit-claim and forever discharge Husband, and the estate of Husband, and any other entities, from any and every claim that she now has, may hereafter have or can have at any time, against Husband, or in and to his estate, or any part thereof, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights or under the 7 intestate laws, or the right to take against Husband's Will, or any rights as a beneficiary under any insurance, profit sharing plan, pension plan or any other similar thing, of Husband's, including anything of Husband's that might carry a beneficiary designation. Husband does hereby remise, release, quit-claim and forever discharge Wife, and the estate of Wife, from any and every claim that he now has, may hereafter have or can have at any time, against Wife, or in and to or against her estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of Wife, or by way of courtesy or claim in the nature of courtesy, widower's rights or under the intestate laws, or the right to take action against Wife's Will, or any rights as a beneficiary under any insurance, profit sharing plan, pension plan or any other similar thing, of Wife's, including anything of Wife's that might carry a beneficiary designation. 15. Transfers And Payments Contingent Upon The Entry of A Decree in Divorce. It is specifically understood by and between the parties hereto that the conveyances, transfers and assignments of real and personal property herein and the waiver of the respective rights of the parties to alimony, alimony pending the divorce, spousal support, counsel fees, and costs are all made contingent upon the entry of a valid and final Decree of Divorce, severing and terminating the marital relationship between the parties hereto, Husband and '~ife have the obligation to take the steps necessary to obtain a final Decree in Divorce, and in default thereof by one party, the other party shall have the sole option to declare this Agreement null and void, or the other party shall have the right to any other remedies that he or she may be entitled to by law, including, but not limited to, specific performance of this Agreement and all of its provisions. Husband and Wife are obligated to file the necessary documents to obtain a divorce within one 8 hundred (100) days of the date of service of the Complaint in Divorce, and both agree that they will do nothing to oppose or impede the process of obtaining the final divorce as soon as is possible under Pennsylvania Rules of Civil Procedure. 16. Institution Of Divorce Action. This Agreement shall not be construed to affect or bar the rights of either Husband or Wife to an absolute divorce, on legal and truthful grounds, if they now exist, or may hereafter arise. This Agreement shall not be impaired, but shall continue in full force and effect, regardless of whether any such suit is instituted or concluded; thus, the terms of this Agreement shall survive any divorce action (except as may be rendered inappropriate, as in the case of medical insurance which is available only to a Wife). 17, Divorce Decree To Be Granted. This Agreement shall not be impaired nor shall it be merged by the granting of a Divorce Decree. This agreement shall continue in full and effect after the divorce decree is obtained and the terms shall specifically survive the granting of the Divorce Decree. The provisions ofthis Agreement shall be incorporated, included and made a part of the Decree of Divorce to be granted in the pending action, that being number 02-5291, in the Court of Common Pleas of Cumberland County, Pennsylvania; and the aforesaid Court of Commons Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, shall have jurisdiction over the parties to enforce this Agreement, but notwithstanding such incorporation, this Agreement shall not be merged in such Decree, but shall, in all respects, survive the same, and be forever binding and conclusive and unchangeable upon the parties and enforceable by the parties in accordance with its terms. Further, it is agreed by the parties hereto, that Husband intends to file a 330(d) Affidavit, 9 in the very near future, averring that the parties have been separated for at least two (2) years. It is acknowledged by both parties that they have, in fact, been separated for at least two (2). Therefore, Wife waives any notice requirements she may be entitled to relative to the aforesaid 330l(d) Affidavit and Wife agrees that she will not file a Counter Affidavit to Husband's aforesaid 3301(d) Affidavit and will do nothing to impair Husband from obtaining a divorce decree under ~330l(d) ofthe Divorce Code of Pennsylvania (a no-fault divorce), in the ordinary course of doing so. It is further acknowledged that this matter was in front of the Divorce Master's Office of Cumberland County, Pennsylvania, specifically before E. Robert Elicker, II, Esquire, and it is further agreed that this agreement, once executed, shall be submitted to the Master for the Master to incorporate into the divorce decree and fbr the Master to terminate his appointment and for the prompt obtaining of a divorce decree, The parties further agree that they will sign any other documents reasonably necessary for the Master to accomplish the aforesaid. 18. Modification of this Agreement. Notwithstanding anything contained herein to the contrary, this Agreement and every term and covenant herein is specifically agreed by the parties and intended to be non-modifiable by any Court of any jurisdiction, whether this Agreement is incorporated into a Divorce Decree, made a part thereof, merged into a Divorce Decree and/or not made a part of any Divorce Decree. It is the specific intent of the parties that this Agreement shall not be able to be modified by any Court under any circumstances for any reason at any time except pursuant to the paragraph herein entitled "Change or Amendment", This includes, but is not limited to unmodifiability of this Agreement if a divorce is obtained or not obtained and/or the death of a party or any similar thing. 19. Marital Property Rights Under 1980 Divorce Code. The parties hereto 10 acknowledge and agree that they are fully aware of all of their marital property, as defined by the 1980 Divorce Code as may be amended from time to time, and the value thereof. The parties hereby specifically waive an inventory of that property as being unnecessary. The parties further acknowledge and agree that they each have had an opportunity to value or have appraised any and all marital property, and they do hereby waive formal appraisement of same, and no state- ment or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other, or be deemed fraudulent. Husband and Wife acknowledge and agree that this Agreement has been entered into freely by both of them and is in complete settlement of all rights they have under the Pennsylvania Divorce Code of 1980, as may be amended from time to time, including, but not limited to: counseling; inventory and appraisement; equitable property distribution of marital property; alimony during the pendency of the divorce proceedings; alimony after the issuance of the divorce decree; reimbursement alimony or equitable reimbursement for contributions by one spouse to the other spouse's education, earning capacity or attainment of a professional degree; spousal support; and counsel fees, court costs and expenses incurr(:d in connection with any aspect of the parties' separation and divorce. 20. Indemnification Upon Breach. If for any reason either the Husband or the Wife fails to perform his or her obligations to the other spouse, and the other spouse incurs any expense thereby (including, but not limited to, legal fees) in enforcing his or her rights, the spouse who fails to perform the obligations agrees to indemnify the other spouse and hold him or her harmless for any and all such expenses. Such payment of costs, expenses and legal fees by the defaulting party is not discretionary but shall be mandatory, Th;: legal fees to be paid by the 11 defaulting party to the party who has had to bring an action to enforce this Agreement, or any other action in law or in equity, shall be based upon attorney's fees at $200.00 per hour for all time spent in consultation with client, preparation of pleadings, attendance at hearings, and any and all other matters reasonably necessary to prepare for and go to Court proceedings to enforce this Agreement. Notwithstanding the foregoing, but as a clarificaltion ofthe foregoing, in the event of an enforcing party having to have an attorney prepare a pleading with the Court for enforcement of this Agreement against the defaulting party, the minimum attorney's fees to be paid by the defaulting party shall be $300.00 up to the time when the matter actually goes to a hearing and, in addition, if the matter goes to a hearing of any kind or of any duration, the minimum shall then be increased to $600.00, but these shall be minimums, only. The minimums and the above-referenced hourly rate for legal fees shall also be in addition to any and all other expenses, damages, losses, Court costs, filing fees, etc. suffered by the enforcing party because of the default by the defaulting party. The above-mentioned reimbursement by a defaulting party for any expense arising out of a failure to perform the obligations set forth herein, shall not be the sole and exclusive remedy for either party to enforce this Agreement, or to obtain those remedies for a default in this Agreement as may be provided elsewhere herein, or to obtain those remedies provided at law or in equity or under the Divorce Code, as amended, it being agreed by the parties hereto that such other remedies shall be available to them in addition to, and not instead of, the above-mentioned expense reimbursement remedy. It is specifically agreed that any failure to perform any obligation to the other party under this Agreement is to be considered a breach and to immediately trigger enforcement by the non- 12 defaulting party under this Agreement, in law or in equity or und,er the Divorce Code, as amended, or in any other way available. Further, it is agreed that if the obligation not being performed hereunder is an obligation to make regular payments on any kind of loan or similar obligation, but upon the first payment being more than 30 days late, the non-defaulting party has the right, but not the obligation, to bring an action against the defmlting party, hereunder, to include acceleration ofthat debt and to sue for the entire amount due thereunder, so as to make unnecessary an enforcement action hereunder each and every month that a defaulting party fails to pay a loan payment. 21. Address of Parties. As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to promptly notify the other in writing of his or her residence address, and shall promptly notify the other in writing of any change of address by giving the new residence addrless within 20 days of moving to the new residence, 22. Construction Of Agreement. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Entire Understanding. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 24. Explanation Of Meaning, The provisions of this Agreement, and their legal effect, have been explained fully to the Wife by her counsel, N, Christopher Menges, Esquire, and to Husband by his counsel, Hubert X. Gilroy, Esquire, and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result 13 of any duress or undue influence. 25. Change or Amendment. Any change and/or amendment of any of the provisions of this Agreement shall be effective only ifmade in writing, and executed with the same formality as this Agreement. 26. Waiver. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver 0 f any subsequent default of the same or similar nature. 27. Descriptive Headings, The descriptive headings used herein are for convenience only, and they are not intended to indicate all of the matters in the sections which follow them. Accordingly, they have no effect whatsoever in determining the rights or obligations of the parties. 28. Legal Interpretation. If any provision of this Agreement is held to be inoperative, invalid, or illegal, it is our intention that all the remaining provisions thereof shall continue to be fully operative and effective so far as is possible and reasonable. It is further agreed that although this Agreement was prepared, in its final form, by N. Christopher Menges, counsel for Wife, and typed by the staff ofN, Christopher Menges, that, nevertheless, this Agreement has been the fruition of negotiations between the parties and/or their counsel, at great length, and, therefore, any ambiguity herein shall not be construed against the party whose attorney drafted it, and it is specifically agreed that if there is any ambiguity herein, that both parties are equally responsible therefore. 29. Effective Upon Reconciliation. This Agreement shall remain in full force and effect, even in the event that the parties hereto cohabitate, attempt to reconcile and/or reconcile 14 parties hereto. 30. Binding Upon Heirs And Assigns. This Agreement is effective and enforceable as of the date ofthe execution thereof and shall bind the parties herleto and their respective heirs, executors, administrators and assigns, and shall be binding even if a party should die. 31. Time Is Of The Essence. All times in this Agreement shall be of the essence of this Agreement, 32, Effective Date. The effective date of this Agreement shall be the date of execution of this Agreement by the party who last executes it, thus making it a binding and enforcable Agreement. That date will be presumed to be the later of dates on the two Notaries Acknowledgements at the end hereof. This shall be the effective date of this Agreement even if a different date is recited as the date of this Agreement at the very beginning hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. WITNESS: 'Jph;. J;~~ y~ Michele White (SEAL) ~~ f.uL~- Francis p, White, Jr, (SEAL) 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Y:tuc- ) ( SS. ) On this / fti:: day of AI tIXt/Jf!~ 2004, before me, a Notary Public, the undersigned officer, personally appeared Michele White, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~# N~ Pub;:c (J 'j;'~lr;I?',':<~.'i ~~-j:: ~"':: ':0':.' ., COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~ ~o~~ On this ;lq f- daYOf1l0l)e~~, 2004, before me, a Notary Public, the undersigned of~onally appeared Francis P. White, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. ) ( SS. ) IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ r' ~ (J..JG~ f ^"'""- - Notary Public Notarial Seal Bridg~t Ann Corcoran, Notary Public CarlIsle Boro, Cumberland County My Commission Expires June 10, 2006 Member, PennsyJvaniaAssociationOf NotaI1es Notaris.1 Seal Bridget Ann ('....oran Notary Public Carli~l. Bo!, . IJmtlerJand County My Cc 'f'J,."" l....plr.. 'une 10, 2006 bar, ?bJ il;;ylvama:~;lationot NotaJtes M:\Chris\DOMESTIC\WHITEMI\PSA 11-18-04 non-mod of alimony revision.doc 16 MICHELLE WHITE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW FRANCIS P. WHITE, JR., Defendant NO. 02-5291 CIVIL ACTION IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within 20 days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 30, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify the statements made in this affidavit are true or correct. I understand that false statements herein are made subject to the penalties of 18 l?A.C.S. Section 4904 relating to unsworn falsification to authorities. ~, ~" ~/??v' . Francis P. Whit(~, Jr. , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE HEARING MASTERS MICHELE WIDTE, Plaintiff No. 02-5291 vs, Action in Divorce FRANCIS P. WHITE, JR., Defendant Equitable Distribution WAIVER OF 20 DAY NOTICE OF IN'fI:NTION TO REOUEST ENTRY OF 83301(d) DIVORCE DECREE I, Michele White, Plaintiff in the above action, waive the 20 day notice requirements prescribed by Rule 1 920,42( d), and I do not wish to file a Counter Affidavit. I verifY that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities, Date: //- ;).0- of ~~, ~(J.u ~ Michele White, Plaintiff C:\WINDOWS\TEMP\WAIVER OF 20 DAYNOTlCE.IXlC 1ECElVEO NOV 2 2 200' , . -- SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 17~day of ~./I.')V_ , 2004, by and between Michele White, of Cumberland County, Pennsylvania, hereinafter called "Wife", and Francis P. White, Jr., of Cumberland County, Pennsylvania, hereinafter called "Husband", WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on the 3151 day of December, 1977, and there have been two issue of such marriage; Victoria White, 22 years of age, and John F. White, 18 years of age, both emancipated; and WHEREAS, differences have arisen between Husband ,md Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife desire amicably to settle and determine, finally and for all time, their mutual property rights arising from said marriage. NOW, THEREFORE, in consideration of the mutual covenants herein made, as well as other good and valuable consideration, the receipt of which hereby is acknowledged, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: I. Personal Rights. It shall be lawful for Husband and Wife, at all times hereafter, to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectively shall deem fit, free from any control, restraint or interference, direct or indirect, by each other, as fully as ifhe or she were single and umnarried. Neither party shall molest the other, nor compel, nor endeavor to compel, the other to cohabit or dwell with him or her, by any legal or other proceedings. Each may, for his or her benefit, engage in any 1 employment, business or profession, as he or she chooses. None ofthe provisions of this paragraph shall be taken to be an admission on the part of either Husband or Wife as to the lawfulness or unlawfulness ofthe causes leading to their living apart. In addition to the foregoing, each party may, for his or her separate use or benefit, conduct, carry on and engage any business, occupation, profession or employment which to him or to her may seem advisable without any molestation or interference from the other party. In addition, Husband and Wife both agree that each shall not molest, harass, or malign the other or the respective families of each other. In addition, Husband and Wife agree that they will not enter into the home of the other, for any reason, without the express permission of the other, which said permission must be personally given and, therefore, not given through children or other family members. 2. Wife's Warrant As To Debts. Wife represents and warrants to Husband that she has not incurred any debts or made any contracts upon which Husband or his estate may be liable, except as may be otherwise referred to in this Agreement 3. Husband's Warrant As To Debts. Husband repre:sents and warrants to Wife that he had not incurred any debts or made any contracts upon which Wife or her estate may be liable, except as may be otherwise referred to in this Agreement. 4. Future Debts Or Liabilities. Wife shall not contract or incur any debt or liability, subsequent to the date hereof, for which Husband or his property or estate might be responsible, and she shall indemnify and save harmless Husband from any arId all claims or demands made against him by reason of any such debts or obligations incurred by her. In the event that Husband, at any time hereafter, shall be obliged to pay any debt or debts incurred by Wife 2 subsequent to the date hereof, then and in such case, in addition to his other rights and remedies by law, Husband may deduct and retain the sums he may be obliged to payout of any future payments to Wife or for her benefit that are required to be made by him under this Agreement. Husband shall not contract or incur any debt or liability, subsequent to the date hereof, for which Wife or her property or estate might be responsible, and he shall indemnify and save hannless Wife from any and all claims or demands made against her by reason of any such debts or obligations incurred by him. In the event that Wife, at any time hereafter, shall be obliged to pay any debt or debts incurred by Husband subsequent to the date hereof, then and in such case, in addition to her other rights and remedies by law, Wife may deduct and retain the sums she may be obliged to payout of any future payments to Husband or for his benefit that are required to be made by her under this Agreement. 5. Alimonv. Husband shall pay Wife the sum ofThree Hundred ($300.00) Dollars per month for alimony beginning November 1,2004. Said alimony payments shall be paid by Husband to Wife through the Domestic Relations Office of Cumberland County. This shall be accomplished by taking the current order for spousal support/alimony pendente lite, having it terminated and replaced by alimony or by having the spousal/alimony pendente lite order modified to be turned into alimony, whichever way satisfies the procedural requirements of the Domestic Relations Office of Cumberland County. Husband and Wife agree that Wife shall include all payments of alimony as income on her income tax return and Husband may claim his payments as a deduction on his income tax return. Husband and Wife agree that they will do everything that is necessary and appropriate to insure that Husband's deduction of all alimony payments he makes to Wife, pursuant to this 3 Agreement, are a\1owable as deductions from his income for income tax purposes. Both parties acknowledge giving to and receiving from the other party their tax identification number to be used on their tax returns. Both parties agree to comply with all tax regulations concerning due reporting and payment of taxes on these alimony payments. Wife specifically agrees to file a copy of this written agreement with the first tax return to which that requirement applies. Husband and Wife further hereby waive any and all other claims each may have against the other, now or in the future, for alimony, alimony pendente lite, spousal support, or any other claim of a similar nature, other then that set forth herein above, specifically. Said alimony payments shall terminate upon the first of the following to occur: a. October 31, 2005; b. remarriage of Wife; c. death of Wife; d. death of Husband; e. cohabitation by Wife with a member of the opposite sex as defined in the Divorce Code of Pennsylvania. It is specifica\1y agreed that upon the happening of one of the above-mentioned occurrences or arrivals of dates or events which result in the cessation of said alimony, and said occurrences or events ceasing (for example, Wife cohabits and then cease to cohabit), that upon the alimony ending, as aforesaid, it shall never, for any reason, recommence. Husband and Wife agree that the amount of alimony that they have agreed upon, herein, shall be non-modifiable. 6. Tangible Personal Property. The parties acknowledge that each of them shall own, have and enjoy, independently of any claims or right of the other, aU items of tangible personal property of every kind, including personal clothing, jewelry, tools and prior gifts, now 4 or hereafter owned or held by him or her, with full power to dispose of the same fully and effectually, in all respects and for all purposes, as ifhe or she were unmarried, unless otherwise specifically provided for herein. 7. Intangible Personal Property. Husband and Wife agree that all intangible personal property, including, but not limited to, checking accounts, sav;ings accounts, credit union accounts, life insurance, other insurance, pension plans, retirement plans, stock option plans, employment benefits and stocks and bonds, shall remain in the: ownership of the person in whose name such property is now titled. This shall include but not be limited to the following distribution of intangible personal property: a. Husband's term life insurance policy shall remain the sole property of Husband; b. Wife's term life insurance policy shall re:main the sole property of Wife; c. Wife's IRA with Fidelity Investments in the approximate amount of Four Thousand Four Hundred Ninety-two ($4,492.00) Dollars shall remain the sole property of Wife; d. Husband's pension with Amerada Hess Corporation, in the approximate amount of Seventy-two Thousand One Hundred Seventy-seven ($72,177 .00) Dollars shall remain the sole property of Husband; and e. Husband's NFS 401(k), in the approximate amount of Thirty-nine Thousand Six Hundred Thirty-two ($39,632.00) shall remain the sole property of Husband. 8. Vehicles. Wife shall become, and is hereby declared to be, the sole owner of the 5 vehicle in her possession. Husband shall become, and is hereby declared to be, the sole owner of the vehicle in his possession. Husband and Wife agree that each of them, upon demand by the other, shall execute whatever documents may be reasonably necessary to give full force and effect to the provisions of this paragraph ofthis Agreement. Such documents may include, but are not limited to, motor vehicle titles and registration and insurance papers. Husband agrees to be solely responsible for the payment of any loan, the repayment of which is secured by a lien on the title to any vehicle which, by virtue of this paragraph of this Agreement, he is the sole owner of. Wife agrees to be solely responsible for the payment of any loan, the repayment of which is secured by a lien on the title to any vehicle which, by virtue of this paragraph of this Agreement, she is the sole owner of. Each party shall be responsible for obtaining any and all automobile insurance on his or her vehicle beginning on the date ofthe execution of this Agrel:ment. Each party shall be responsible for the encumbrance on his or her own vehicle. 9. Real Estate. The residence of the parties, situate: in Cumberland County, Pennsylvania, identified as 4805 Brian Road, Mechanicsburg, together with the improvements thereon erected, and all the contents therein and thereof, except as herein specifically reserved, shall become the sole property of Wife. Husband hereby grants, bargains and sells all interest therein to Wife. From the date of this Agreement, Wife shall pay any and all mortgage payments, all repairs, improvements, utilities, taxes, insurance, and other expenses of maintaining the said residence, as well as any transfer taxes and costs of recording any deed for the said residence. It is agreed that within ten days of the execution of this Agreement, Husband shall execute a special warranty deed to Wife and shall deliver same to Wife. Any cost of recording 6 the aforesaid deed shall be borne solely by Wife. The sole right of possession of the marital real estate, as aforesaid, is hereby in Wife, only, effective upon the execution of this Agreement. Wife hereby indemnifies Husband for any unpaid taxes or other expenses for said marital residence. 10. Unpaid Bills And Charge Accounts. It is hereby agreed that the parties have no unpaid bills and/or charge accounts arising from this marriage. In the event that any become known to a party after the execution of this agreement, the party in whose name the credit card other obligation is titled shall be solely responsible for the payment of same. 11. Attornev's Fees. The parties hereto agree to be responsible for their own, respective counsel fees, in connection with their legal affairs hereunder, and in any divorce action between the parties. 12. Additional Instruments. Each ofthe parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 13. Certificates Of Ownership. Each party hereto covenants that he or she will execute any and all documents reasonably required to transfer title to all properties which are the subject ofthis Agreement. 14. Mutual Releases. Wife does hereby remise, release, quit-claim and forever discharge Husband, and the estate of Husband, and any other entities, from any and every claim that she now has, may hereafter have or can have at any time, against Husband, or in and to his estate, or any part thereof, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights or under the 7 intestate laws, or the right to take against Husband's Will, or any rights as a beneficiary under any insurance, profit sharing plan, pension plan or any other similar thing, of Husband's, including anything of Husband's that might carry a beneficiary designation. Husband does hereby remise, release, quit-claim and forever discharge Wife, and the estate of Wife, from any and every claim that he now has, may hereafter have or can have at any time, against Wife, or in and to or against her estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of Wife, or by way of courtesy or claim in the nature of courtesy, widower's rights or under the intestate laws, or the right to take action against Wife's Will, or any rights as a beneficiary under any insurance" profit sharing plan, pension plan or any other similar thing, of Wife's, including anything of Wife's that might carry a beneficiary designation. 15. Transfers And Payments Contingent Upon The Entry of A Decree in Divorce. It is specifically understood by and between the parties hereto that the conveyances, transfers and assignments of real and personal property herein and the waiver of the respective rights of the parties to alimony, alimony pending the divorce, spousal supPo11, counsel fees, and costs are all made contingent upon the entry of a valid and final Decree of Divorce, severing and terminating the marital relationship between the parties hereto. Husband and Wife have the obligation to take the steps necessary to obtain a final Decree in Divorce, and in default thereofby one party, the other party shall have the sole option to declare this Agreemlmt null and void, or the other party shall have the right to any other remedies that he or she may be entitled to by law, including, but not limited to, specific performance ofthis Agreement and all of its provisions. Husband and Wife are obligated to file the necessary documents to obtain a divorce within one 8 hundred (100) days of the date of service of the Complaint in Divorce, and both agree that they will do nothing to oppose or impede the process of obtaining the final divorce as soon as is possible under Pennsylvania Rules of Civil Procedure. 16. Institution Of Divorce Action. This Agreement shall not be construed to affect or bar the rights of either Husband or Wife to an absolute divorcl~, on legal and truthful grounds, if they now exist, or may hereafter arise. This Agreement shall not be impaired, but shall continue in full force and effect, regardless of whether any such suit is instituted or concluded; thus, the terms ofthis Agreement shall survive any divorce action (exce'pt as may be rendered inappropriate, as in the case of medical insurance which is available only to a Wife). 17. Divorce Decree To Be Granted. This Agreement shall not be impaired nor shall it be merged by the granting of a Divorce Decree. This agreement shall continue in full and effect after the divorce decree is obtained and the terms shall specifically survive the granting of the Divorce Decree. The provisions ofthis Agreement shall be incorporated, included and made a part of the Decree of Divorce to be granted in the pending action, that being number 02-5291, in the Court of Common Pleas of Cumberland County, Pennsylvania; and the aforesaid Court of Commons Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, shall have jurisdiction over the parties to enforce this Agreement, but notwithstanding such incorporation, this Agreement shall not be merged in such Decree, but shall, in all respects, survive the same, and be forever binding and conclusive and unchangeable upon the parties and enforceable by the parties in accordance with its terms. Further, it is agreed by the parties hereto, that Husband intends to file a 330(d) Affidavit, 9 in the very near future, averring that the parties have been separated for at least two (2) years. It is acknowledged by both parties that they have, in fact, been separated for at least two (2). Therefore, Wife waives any notice requirements she may be entitled to relative to the aforesaid 330l(d) Affidavit and Wife agrees that she will not file a Counter Affidavit to Husband's aforesaid 3301(d) Affidavit and will do nothing to impair Husband from obtaining a divorce decree under S3301(d) of the Divorce Code of Pennsylvania (a no-fault divorce), in the ordinary course of doing so. It is further acknowledged that this matter was in front ofthe Divorce Master's Office of Cumberland County, Pennsylvania, specifi\:ally before E. Robert Elicker, II, Esquire, and it is further agreed that this agreement, once executed, shall be submitted to the Master for the Master to incorporate into the divorce decree and for the Master to terminate his appointment and for the prompt obtaining of a divorce decree. The parties further agree that they will sign any other documents reasonably necessary for the Master to accomplish the aforesaid. 18. Modification of this Agreement. Notwithstanding anything contained herein to the contrary, this Agreement and every term and covenant herein is specifically agreed by the parties and intended to be non-modifiable by any Court of any jurisdiction, whether this Agreement is incorporated into a Divorce Decree, made a part thereof, merged into a Divorce Decree and/or not made a part of any Divorce Decree. It is the specific intent of the parties that this Agreement shall not be able to be modified by any Court under any circumstances for any reason at any time except pursuant to the paragraph herein entitl,ed "Change or Amendment". This includes, but is not limited to unmodifiability of this Agreement if a divorce is obtained or not obtained and/or the death of a party or any similar thing. 19. Marital Propertv Rights Under 1980 Divorce Cod,~. The parties hereto 10 acknowledge and agree that they are fully aware of all of their marital property, as defined by the 1980 Divorce Code as may be amended from time to time, and the value thereof. The parties hereby specifically waive an inventory of that property as being unnecessary. The parties further acknowledge and agree that they each have had an opportunity to value or have appraised any and all marital property, and they do hereby waive formal appraisement of same, and no state- ment or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other, or be deemed fraudulent. Husband and Wife acknowledge and agree that this Agreement has been entered into freely by both ofthem and is in complete settlement of all rights they have under the Pennsylvania Divorce Code of 1980, as may be amended from time to time, including, but not limited to: counseling; inventory and appraisement; equitable property distribution of marital property; alimony during the pendency of the divorce proceedings; alimony after the issuance of the divorce decree; reimbursement alimony or equitable reimbursement for contributions by one spouse to the other spouse's education, eaming capacity or attainment of a professional degree; spousal support; and counsel fees, court costs and expenses incurred in connection with any aspect of the parties' separation and divorce. 20. Indemnification Upon Breach. If for any reason dther the Husband or the Wife fails to perform his or her obligations to the other spouse, and the other spouse incurs any expense thereby (including, but not limited to, legal fees) in enforcing his or her rights, the spouse who fails to perform the obligations agrees to indemnify the other spouse and hold him or her harmless for any and all such expenses. Such payment of costs, expenses and legal fees by the defaulting party is not discretionary but shall be mandatory. The legal fees to be paid by the 11 defaulting party to the party who has had to bring an action to enforce this Agreement, or any other action in law or in equity, shall be based upon attorney's fees at $200.00 per hour for all time spent in consultation with client, preparation of pleadings:, attendance at hearings, and any and all other matters reasonably necessary to prepare for and go to Court proceedings to enforce this Agreement. Notwithstanding the foregoing, but as a clarification of the foregoing, in the event of an enforcing party having to have an attorney prepare a pleading with the Court for enforcement of this Agreement against the defaulting party, the minimum attorney's fees to be paid by the defaulting party shall be $300.00 up to the time wh,m the matter actually goes to a hearing and, in addition, if the matter goes to a hearing of any kind or of any duration, the minimum shall then be increased to $600.00, but these shall be minimums, only. The minimums and the above-referenced hourly rate for legal fees shall also be in addition to any and all other expenses, damages, losses, Court costs, filing fees, etc. suffered by the enforcing party because of the default by the defaulting party. The above-mentioned reimbursement by a defaulting party for any expense arising out of a failure to perform the obligations set forth herein, shall not be the sole and exclusive remedy for either party to enforce this Agreement, or to obtain those remedies for a default in this Agreement as may be provided elsewhere herein, or to obtain those remedies provided at law or in equity or under the Divorce Code, as amended, it being agreed by the parties hereto that such other remedies shall be available to them in addition to, and not instead of, the above-mentioned expense reimbursement remedy. It is specifically agreed that any failure to perform any obligation to the other party under this Agreement is to be considered a breach and to immediately trigger enforcement by the non- 12 defaulting party under this Agreement, in law or in equity or under the Divorce Code, as amended, or in any other way available. Further, it is agreed that if the obligation not being performed hereunder is an obligation to make regular payments on any kind ofIoan or similar obligation, but upon the first payment being more than 30 days late, the non-defaulting party has the right, but not the obligation, to bring an action against the defaulting party, hereunder, to include acceleration of that debt and to sue for the entire amolmt due thereunder, so as to make unnecessary an enforcement action hereunder each and every month that a defaulting party fails to pay a loan payment. 21. Address of Parties. As long as any obligations remain to be performed pursuant to the provisions ofthis Agreement, each party shall have the affirmative obligation to promptly notifY the other in writing of his or her residence address, and shall promptly notifY the other in writing of any change of address by giving the new residence address within 20 days of moving to the new residence. 22. Construction Of Agreement. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Entire Understanding. This Agreement constitut,es the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 24. Explanation OfMeaninf:. The provisions of this Agreement, and their legal effect, have been explained fully to the Wife by her counsel, N. Christopher Menges, Esquire, and to Husband by his counsel, Hubert X. Gilroy, Esquire, and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result 13 of any duress or undue influence. 25. Change or Amendment. Any change and/or amendment of any of the provisions of this Agreement shall be effective only if made in writing, alld executed with the same fonnality as this Agreement. 26. Waiver. The failure of either party to insist upon strict perfonnance of any of the provisions of this Agreement shall not be construed as a waive:r of any subsequent default of the same or similar nature. 27. Descriptive Headings. The descriptive headings used herein are for convenience only, and they are not intended to indicate all ofthe matters in the sections which follow them. Accordingly, they have no effect whatsoever in detennining th,~ rights or obligations of the parties. 28. Legal Interpretation. If any provision of this Ag,eement is held to be inoperative, invalid, or illegal, it is our intention that all the remaining provisions thereof shall continue to be fully operative and effective so far as is possible and reasonable. It is further agreed that although this Agreement was prepared, in its final fonn, by N. Christopher Menges, counsel for Wife, and typed by the staff ofN. Christopher Menges, that, nevertheless, this Agreement has been the fruition of negotiations between the parties and/or their counsel, at great length, and, therefore, any ambiguity herein shall not be construed against the party whose attorney drafted it, and it is specifically agreed that if there is any ambiguity herein, that both parties are equally responsible therefore. 29. Effective Upon Reconciliation. This Agreement shall remain in full force and effect, even in the event that the parties hereto cohabitate, attempt to reconcile and/or reconcile 14 parties hereto. 30. Binding Upon Heirs And Assigns. This Agreement is effective and enforceable as of the date of the execution thereof and shall bind the parties hereto and their respective heirs, executors, administrators and assigns, and shall be binding even if a party should die. 31. Time Is Of The Essence. All times in this Agreement shall be ofthe essence of this Agreement. 32. Effective Date. The effective date of this Agreement shall be the date of execution ofthis Agreement by the party who last executes it, thus making it a binding and enforcable Agreement. That date will be presumed to be the later of datl:S on the two Notaries Acknowledgements at the end hereof. This shall be the effective date of this Agreement even if a different date is recited as the date of this Agreement at the very beginning hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. WITNESS: /Ph /J~.Lu W~ Michele White (SEAL) ~'4 /LAj{~/ Francis P. White, Jr. (SEAL) 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?I We. ) ( SS. ) On this /f~ day of -! ;;JXtIl1!~ 2004, before me, a Notary Public, the undersigned officer, personally appeared Michele White, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. v<# Notary Public ~:';1i\'~?,\," ;;:'[ ,r:-. . ~,., - COMMONWEALTH OFPENNSYLVANlA ) C l\ () ( SS. COUNTY OF \..vu. 100 ,(_~ ) On this ,1q ~ dayofJlo..}e~b..v-, 2004, before me, a Notary Public, the undersigned of~naJly appeared Francis P. White, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. cl~ GJ C,uc,v./L/ Notary Public Notarial Seal Bridg~t Ann Corcoran. Notary Public Carhsfe .B~o. Cumberland County My ComnussJOn Expires June 10. 2006 Member. PennsylvamaAssoclaUonofNotarles NotanaJ Seal Bridget Anri (",rnran Notary Public Carli511' 8m,umherland County My 0 (r;._~, 'l:o:"Pl(,' 'une 10. 4006 ber, r:~'~r'I:;~ylviifi1a~18tionotNotaFtfJ$ M:\Chris\DOMESTIC\WHITEMl\PSA 11-} 8..04 TlOn.mod of aUmony revision.doc 16 .--' ~:~:; cr' '-- :y~::. .,;'.,. Q\ -. )'_-n \''\ '1 ; ~:~ f"" 0' 4J ..-C L;'? C':", ()'i - MICHELE WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 02-5291 CIVIL FRANCIS P. WHITE, JR, Defendant CIVIL ACTION - LAW IN DIVORCE ACKNOWLEDGMENT OF SERVICE I, Francis P. White, Jr, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above refelrenced matter was served on me in person on December 10,2002. ~\u,\".( DATE -r~ p /A-yL~ . Francis P. White, Jr. i '- 'v Sworn and subscribed before me this ~I" ,2005 1 JJfj L ~Lv-~ Notary Pt/blic Notarial Seal ~-"; Bridget Ann Corcoran, Notary Public Carlisle Boro, Cumberland County My Commission Expires June 10, 2iJ06 Member, Pennsylvania As~ociation of Notaries ~:?' sf\ (",::) c.f\ r~;::::-" <',.~ ........... \~, A' ""'0 ,..~." u::' " - MICHELE WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02-5291 CIVIL FRANCIS P. WHITE, JR, Defendant CIVIL ACTION - LAW 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: I. Ground for Divorce: Irretrievable breakdown under Section 03301(c) (x )3301(d)(I) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: July 17,2002, First Class Certified Mail, Return Receipt Requested. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: ; Defendant: . (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: November 20, 2004; (2) Date of service of the Plaintiff's affidavit upon the Defendant: November 23, 2004 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Waiver of 20 Day Notice was filed on December 12, 2004. (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in ~3302(c) Divorce was filed with the Prothonotary: ~1~YESqUir Attorney for Defendant Broujos & Gill"OY, PC 4 North Hanover Street Carlisle, P A 17013 717-243-4574 ~,; ,:<) u' C-' :'.~". .i'"'" ~~, \./ ~, \ 1'.) (1' -<'J ..,:~~ (;'? (~ (:' - --- MICHELE WHITE, PLAINTIFF V. FRANCIS P. WHITE, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-5291 CIVIL TERM ORDER OF COURT AND NOW, this -74-- day of Februatry, 2005, the request of defendant for the entry of a final decree in divorce, IS DENIED at this time.1 ~. Christopher Menges, Esquire F or Plaintiff ~ubert X. Gilroy, Esquire For Defendant '\1 :sal Edgar B. Bayley, J. " \ 1 There are no documents in the record at this time to support an entry of divorce on either a 3301 (c) or 3301 (d) basis. 10:11 I 8~' 0'""7 L.... ...~... l..,; .-':...J ...l'J'~ u . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~'.f.:+: ;t: ;t;;+;;f.;+; ;f.;+;;t;;t; :Ii"';!: .. . . ;Ii ;+; ;t;",;+;~;+;;+;~;+;;+;;+; ;t; ;Ii ;Ii"''''''';+;'''''''''''''';+; . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Michele White Plaintiff No. 02 - 5291 VERSUS Francis P. White, Jr. Defendant DECREE IN DIVORCE AND NOW,~~~ , , IT IS ORDERED AND II ~~ , - DECREED THAT Michel~ White , PLAINTIFF, AND Francis P. White, Jr. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLL.OWING CL.AIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL. ORDER HAS NOT YET BEEN ENTERED; UO~ Property Settlement Agreement dated November 17, 2004 is this Order. // By THE ~RT: / PROTHONOTARY . .. . . ;+;;+;'f."':+: "':Ii"'''';+; ;+iF. ;t; ;t; ;t;;+; ;t; ;t;;t; ;t; "''''''''''''Of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ fzz7 7- r'?; "7/ <;~>> U. c ~~ f2:z? f2 ~~ ~l F{? j?/?' LI' G' .. t ... > ~ ' ...... ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT to(JID51{)/ ();{ - 5c),C? / C'VI/ o Original Order/Notice o Amended Order/Notice (8) Terminate Order/Notice State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11 / 01/05 Case Number (See Addendum for case summary) WEINKEN & ASSOCIATES STE 303 214 SENATE AVE CAMP HILL PA 17011-2336 RE: WHITE, FRANCIS P. JR Employee/Obligor's Name (last, First, Mil 205-42-6489 Employee/Obligor's Social Security Number 6695101028 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) EmployerMfithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: NOV 0 1 200~ (;-J1~ \ Form EN-028 Worker ID 21205 Service Type M OMS No.: 0970-01 54 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this form to your. employee. If yo~r employee works ina state that is dift-erent from the state that issued this order, a copy must be provided to your employee even If the box 15 not checked. 1. riority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Fe ral tax levies in effect before receipt of this order have priority. If there are Federal tax levies ;n effect please contact the requesting ag cy listed below. 2. rombining Payments: You Can combine withheld amounts from more than one employee/obligor's income in a single payment to ea agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each en loyee/obligor. 3. ; "'CO I a.,rua..."......'., I'?', VV;ll11'VIU;"5 HIlell ~c:"d;"g ti,e paYII.'t::11t. Ti,e dale-Malt:' uf vv;lI,I ,vld;1I5 ;s tI,e Jatl:: VII vvl,;cL alllOlJIIL VY<1:> vv;tl,l,dd flOln lLc; e'l,tJlop:;e'5 vvages. You must comply with the law of the ;, of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the wi holding order and forward the support payments. 4. Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against th employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow th law of the state of employee's/obligor's principal place of employment. You must honor all Order,/Notices to the greatest extent p sible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. PI ase provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2512165490 EMPLOYEE'S/OBlIGOR'S NAME: WHITE, FRANCIS P. JR EMPLOYEE'S CASE IDENTIFIER: 6695101028 DATE OF SEPARATION:. LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6 Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or s erance pay. If you have any questions about lump sum payments, contact the person or authority below. 7 liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have ~ thheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless t obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8 Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, r using to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law g verns unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. C * Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit F otection Act (1 S U.S.c. 91673 (b)1: or 2) the amounts allowed by the State of the employee'slobJigor's principal place of employment. e Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory ductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more t an the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more t an the amounts allowed under the law of the state that issued the order. 1 . Additional Info: NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the I w of the state that issued this order with respect to these items. .Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID 21205 ervice Type M OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WHITE, FRANCIS P. JR PA SES Case Number 100105101 PI tiff Name MI HELE WHITE ocket Attachment Amount 02 5291 CIVIL$ 0.00 ild(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren} above in any health insurance coverage available employee's/obligor's employment. If checked, you are required to enroll the child(ren) id ntified above in any health insurance coverage available th ugh the employee's/obligor's employment. P CSES Case Number P Intiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 hild(ren}'s Name(s}: DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s}: DOB If checked, you are required to enroll the child(ren) entified above in any health insurance coverage available rough the employee's/obllgor's employment. If checked, you are required to enroll the child(ren} above in any health insurance coverage available employee's/obligor's employment. CSES Case Number aintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren} entified above in any health insurance coverage available rough the employee's/obligor's employment. If you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN-028 Worker ID 21205 ervice Type M OMBNo.:097Q-01S4 (1 c: ~- -oi':' (1) r~\ 6)t;':~^. r:' -~~,~; ).y~ ,~ '-...:; ;;;g, ~ a ;..::. \ - Q,. .... ~~ ~~l -y:.::\:~ OE'A ur _A 1?-"} o :.Z --<} ::J'. If: -