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HomeMy WebLinkAbout03-3277 CHERRI M. WHITSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. ~ NO. ^~ -~:n? f,'"o..CT~ CHRISTOPHER W. WHITSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CHILD CUSTODY 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, P A 17013. 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 AVE. CARLISLE, P A 17013 (717) 249-3166 CHERRI M. WHITSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. n6 - 3:1?1 C?iC.H'l /~ CHRISTOPHER W. WHITSON, Defendant CIVIL ACTION - LAW IN DIVORCE AND CHILD CUSTODY COMPLAINT IN DIVORCE AND CHILD CUSTODY And now comes Plaintiff, Cherri M. Whitson, by and through her attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce and Child Custody, respectfully stating in support thereof the following: I. Plaintiff is Cherri M. Whitson, an adult individual who currently resides at 7815 Sunset Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant is Christopher W. Whitson, an adult individual who currently resides at 5 85 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. COUNT I - DIVORCE 3. Paragraphs I and 2 above are incorporated herein as if fully set forth. 4. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 5. Plaintiff and Defendant were married on December 23, 1995, in Hershey, Dauphin County, Pennsylvania. 6. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since October 28, 2002. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Defendant is not a member of the armed forces of the United States or any of its allies. 9, Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiffhas been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. COUNT II - CHILD CUSTODY 11. Paragraphs 1 through 10 above are incorporated herein as if fully set forth. 12. Plaintiff seeks shared legal custody and primary physical custody of the parties' child, Noah Christopher Whitson, born August 21, 1999. The parties have executed a Custody Agreement and Stipulation resolving the custody issue and the parties desire to have the Custody Agreement and Stipulation entered as an Order of Court without the need to appear for a Custody Conciliation. The child was adopted by both parties in April, 2000. The child is presently in the custody of Plaintiff, who resides at 7815 Sunset Drive, Harrisburg, Dauphin County, Pennsylvania. During the past five (5) years, the child has resided with the following persons and at the following addresses: Plaintiff and Maternal Grandparents 7815 Sunset Drive Harrisburg, PA 17112 10/02 - present Plaintiff and Defendant 585 Walnut Bottom Road Shippensburg, PA 17257 8/02 - 10/02 Plaintiff and Maternal Grandparents 7815 Sunset Drive Harrisburg, PA 17112 4/02 - 7/02 Plaintiff and Defendant 585 Walnut Bottom Road Shippensburg, P A 17257 Birth - 3/02 The mother of the child is Plaintiff currently residing at 7815 Sunset Drive, Harrisburg, Dauphin County, Pennsylvania. She is married. The father ofthe child is Defendant currently residing at 585 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. He is married. 13. The relationship of Plaintiff to the child is that of mother. Plaintiff currently lives with: Name Relationship Noah C. Whitson Son Anna M. Carr Child's grandmother [) elson E. Carr Child's grandfather 14. The relationship of Defendant to the child is that of father. Defendant currently lives alone. 15. Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be best served by granting the relief requested by Plaintiff for the following reasons: (a) Since birth, Plaintiff has always been the primary care giver and she wishes to continue in that .~ole; (b) Plaintiff is able to provide a stable home environment for the child and will also encourage regular and frequent contact with Defendant; and (c) Due to Defendant's occupation as a truck driver and a work schedule that involves him working nights and sleeping most of the day. Defendant is not readily available to care for the Child while Plaintiff is available due to her traditional, daily work schedule. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Cherri M. Whitson, respectfully requests that this Honorable Court enter an Order granting Plaintiff Primary Custody. COUNT III - ALIMONY 18. Paragraphs I through 17 above are incorporated herein as if fully set forth. 19. Plaintiff lacks sufficient income and property to provide for her reasonable needs and is unable to support herself. 20. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 21. Defendant has sufficient income and property with which to provide alimony to Defendant. WHEREFORE, Plaintiff prays this Honorable Court enter a Decree in Divorce, an Order granting Plaintiff Primary Custody, and an Order granting her alimony and granting such other relief as this Court deems just and proper. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: ~ 110 103 :~b~Q. : jnda A. Clotfelter, Esquire ttorney ID No. 72963 464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 JUN. 10.2003 4:12PM CRAIG A DIEHL E5Q NO. 754 P.2/2 CHERRI M. WHITSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTYI PENNSYLVANIA VI. : NO. cmuSTOPHER W. WlUTSON, Defendant : CIVU.. ACTION . LAW : IN DIVORCE VERIFICATION I, CHERRI M. WIDTSON. verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. 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: lo' \D-D~ ~'{'f\.~~l\~ GmRRl M. WlinTSON, Plaintiff ~ ...0 6" ..() , I (2.. -0 ~ ~ ~ ~rr' ~rf 12 -. If ...0 ...() --J ~ "",-f IlJ ~ 0- ~ -lq. (")Dn -- ~i ~ .~-: -e & ~ ~... ;;'-" o 0 ~ C C D I ,',.; -.-i -p (.j ~ 7t:. .'. "".., ~~ ~- CHERRI M. WHITSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 03- ."?:J.?7 CIVIL ACTION LAW IN DIVORCE AND CHILD CUSTODY CHRISTOPHER W. WHITSON, Defendant CUSTODY AGREEMENT AND STIPULATION AND NOW, the parties, Cherri M. Whitson, hereinafter referred to as the "Mother", and Christopher W. Whitson, hereinafter referred to as the "Father", enter into a Joint Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their child: Noah C. Whitson, born August 21, 1999 (age 3 Y, years), and state the following: 1. Plaintiff is Cherri M. Whitson, (hereinafter "Mother"), an adult individual who resides at 7815 Sunset Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant is Christopher W. Whitson, (hereinafter "Father"), an adult individual who resides at 585 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of one (I) child, namely Noah C. Whitson, born August 21, 1999 (age 3 Y, years) (hereinafter referred to as the "Child"). 4. No Order of Court for custody of the Child presently exists between the parties and the parties now seek to have an Order of Court entered that includes the terms of this Stipulation. 5. Since their separation, the parties have exchanged custody upon mutual agreement with Mother having primary custody and Father having alternating weekends and other time as agreed. d) Christmas - The parties agree that the Christmas holiday shall be divided into two (2) custody periods with the first one being from noon December 24th through noon December 25th and the second one being from noon December 25th through noon December 26th. The parties shall alternate the Christmas holiday periods annually beginning with Mother having the first Christmas custody period in 2003. e) Father'sIMother's Dav - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The custody periods shall be from 9:00 a.m. through 5:00 p.rn. f) Vacation - Mother and Father agree that they shall each be entitled to one (1) week of custody each summer for the purpose of vacations. The summer vacation custody period will supersede the regular custody schedule and each parent shall give the other thirty (30) days notice of the dates of the summer custody periods for vacations. g) Agreement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party . petitions to have it changed. h) Transportation - The parties agree that the party relinquishing custody shall be responsible for transporting the Child to the other party per the terms of this Agreement. i) Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that the parents have custody of the Child, they will make certain that the Child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. j) Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. k) Child's well-being - The parties realize that the Child's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or which may hamper the free and natural development ofthe Child's love or respect for the other parent. I) Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. m) Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above-captioned docket. n) Restraints - Each party expressly agrees to ensure that the Child is properly secured in the proper child seat/restraints and seat belts when the child is transported in an automobile and the parties also agree that neither party shall consume alcoholic beverages prior to transporting the child. 12. This Agreement is binding and enforceable when signed by Cherri M.Whitson and Christopher W. Whitson. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verifY that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Witnesses: LINDA A.CLOTFELTER, ESQUIRE Attorney for Plaintiff &J.Y1win~~ c&'------~ CHRISTOPHER W. WHIT~efendant COMMONWEALTH OF PENNSYL V ANlA ss. COUNTY OF CUMBERLAND On this I ( day of ~ A...-- C , 2003, before me, the undersigned officer, personally appeared CHERRI M. WlllTSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. ~cL--7 COMMONWEALTH OF PENNSYLVANIA Nolarial Seal \ Richard E. Leonard, Jr., Notary Public Greene Tv.?.. Franklin County . My CommissiOn E><Pi"'" 1>fK. 29, 2007 ~ber.Penns}MInia_Of- COMMONWEALTH OF PENNSYL V ANlA ss. COUNTY OF CUMBERLAND On this ! ( day of -J ~ A.- C , 2003, before me, the undersigned officer, personally appeared CHRISTOPHER W. WlllTSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. ~~~ COMMoNwEAlTH OF PENNSY,-. . NoIariaI Seal Richard E. l.eonan:l. Jr.. Nolary Public Greene TI.\p., Franklin Counly My Commission Expo"", Apr. 29. 2007 Member. Penl'l5~nia AssociatiOn Of Notaries "'!.l'." fT\;-' . ( o ~;: <, .-C, (n (> ~,\ I:) -, ~' CHERRI M. WHITSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO.03- _~:J 77 CIVIL ACTION - LAW IN DIVORCE AND CHILD CUSTODY CHRISTOPHER W. WHITS TON Defendant ORDER AND NOW, this I '" J.' day of ~ ' 2003, upon consideration of the Joint Custody Stipulation and Agreement of the parties to this proceeding, the Court hereby incorporates the Stipulation by reference into this Order of Court. ,1. ,f t c- 'c:- * ~ 1 AiNr'!2'g'~WJi!f5g"no ""r i % 1J'l:0I U\1 ;1 I 'JfJr 80 C ~ .Jr.-.! \,., '-l ~\UW,\!~.' '. '. " "::-1::0,",:.-'(}o;J,::' 'l- ''''-' CHERRI M. WHITSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-03277 CHRISTOPHER W. WHITSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, CHRISTOPHER W. WHITSON, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce and Child Custody filed by Plaintiff. Service is accepted on the ;2S" day of ::fvll ,2003. ~?~ CHRISTOPHER W. WHITSON, De en ant o c.} C L0 s:: ""' -0 OJ C rnlf' :;:;-, Z:J:l zr~,; I (/') .'~" ~f ..,-- ~c' Zc :l> c r:.? -7 ~ o -f: J ~. ~1 ?; ~:i) :,-~ :'+l ~2(~ :::31"<1 .. -~ 5J -< CHERRI M. WHITSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-03277 CHRISTOPHER W. WHITSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Cherri M. Whitson, do hereby affirm that the original return receipt of the Complaint in Divorce and Custody sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which retum receipt appears to contain the signature of Christopher W. Whitson, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. ~ 4904 relating to unsworn falsification to authorities. . Complete Items 1, 2, end 3. Also complete ftem 4 ff Restricted Delivery is desired. . Print your name and edd..... on the reverse so that we can return the card to you. jI Attach thla card to the bae!< of the mallpiace, or on the front ff space permits. 1. Article Addressed to: etln 6f.&p7Jr UJ ttJjuf/BA 5rtS aw~1YItJ1l18t {/U//~ PII /7257 Cl Agent Cl Add...... D.ISdellvery__lnJrnItem17 ClYes If YES, onto.. delivery add.... below: Cl No 3. Service 1ypo I!f'" Certified Moll Cl 9J>ress Moll Cl Rsglst""'d i:J"Return Receipt to< Merchandise Cl Insured Moll Cl C.O.D. 4. A-.:ted Delivery? (Extnl Fee) Cl Yes 2. Artie -2j PSFor l59S-OO-M-0e52 LAW OFFICES OF CRAIG A. DIEHL Dated: 7/.J..a/JOD3 1 da A. Clotfelter, Esquire A orney ID No. 72963 64 Trindle Road Camp Hill, PA 17011 (717) 763-7613 CHERRI M. WHITSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-03277 CHRISTOPHER W. WHITSON, Defendant CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage orepaid, addressed as follows: Christopher W. Whitson 585 Walnut Bottom Road Shippensburg, P A 17257 LAW OFFICES OF CRAIG A. DIEHL Date: 7/30/06 , I By:01a~ a~ Lacy . Jay, Leg Assistant 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 C) c- :i~ 'OlG end' Z.:!. :Z'~ Cf'J,s;: .<,' ~"- ~c. ""C .Y <;.. ~ (") C $": "'U1.':'C n1n; Z,~),. Vi S~~ -< ,c kC~' ~o >8 2: =< 't:':>. ...) J '::> ~,-~) :::;;! 5:J -< Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CHERRI M. WHITSON, v. : No. 03-03277 CHRISTOPHER W. WHITSON Defendant. : CNIL ACTION - LAW : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) and (d) of the Divorce Code was filed on July 10, 2003 and served upon Defendant on August 1, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., S 4904, relating to unsworn falsification to authorities. Dated: \ \ - \"\ - O~ ~X'f\.\0~ erri M. Whitson 292971-1 o C ;;;:: -otT rnrr, :z :cD zr, ~:~. r;.c, ~c ",,0 rC ~ ,~ ~..) -n ..~ :~ " G";' -'~ ' "~',i'n ']1 :-.~~\ -c-- ~ CHERRI M. WHITSON, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 03-03277 CHRISTOPHER W. WHITSON Defendant. : CNIL ACTION .. LAW : IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Affidavit are truf: 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. Dated: \ \- \1-03, ~"M.\D~ Cherri M. Whitson 29297/-/ o c < ~fJi rt1rT. 2:1' Zl.. ~< (;2L ~O ",,0 rc:: :2: ::;! ~-"-" ,,:) ,'- -- 'T) :~.: :.n :::! ~i-_. ':'] =< Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHERRI M. WHITSON, v. : No. 03-03277 CHRISTOPHER W. WHITSON Defendant. CNIL ACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) and (d) of the Divorce Code was filed on July 10, 2003 and served upon Defendant on August 1,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verifY that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., 94904, relating to unsworn falsification to authorities. Dated: \ \ - \'i .O~ ,7 {l---- ChriC;;;W. Whitson ~ 292971-1 (') c' C) C (~1 -n S. ;T. "0\:].] 0 mn ..r.::: z:r Zl~ LO .J en.' \r"'} 2( <:: -V .~~ ~c :.:" C t:'? ::;;c ~ ~, .j.) ~:b -- (.:> -< Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLA}il) COUNTY, PENNSYLVANIA CHERRI M. WHITSON, v. : No. 03-03277 CHRISTOPHER W. WHITSON Defendant. : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Affidavit are 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. Dated: \ \ - \I-0?l ~L~ Christopher W. Whitson 29297]-] 0 c::> CJ ~ W -n - .--1 "",... ~rr 'J mrr . < Z::r ZC \D i," , (DC 'j,~~), ~t) ",",,' ..~ -.,-; :PC :X ; .;~(') ZCl N blT\ :PCe: =..:.~ :z .:J ~n ~ e...> -< CHERRI M. WHITSON, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 03-03277 CHRISTOPHER W. WHITSON : CIVIL ACTION - LAW Defendant. : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Linda Clotfelter, Esquire, on behalf of Plaintiff Cherri M. Whitson. ~()- Or PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Andrew C. Spears, Esquire, on behalf of Plaintiff Cherri M. Whitson. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By c J Dated: \J - 'S- \) '> Metzger, Wickersham, Knauss & Erb, P.C. Andrew C. Spears, Esquire Attorney J.D. No. 87737 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 292969-1 CHERRI M. WHITSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-03277 CIVIL TERM CHRISTOPHER W. WHITSON, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this~ day of December, 2003 I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Cherri M. Whitson, hereby certifY that I served a copy of the Praecipe to Withdraw Appearance and Praecipe to Enter Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christopher W. Whitson 585 Walnut Bottom Road Shippensburg, P A 17257 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: \r- Andrew C. Spears () Cl 0 C W -n s:: r:::> .-< 52U1 ,." ~~~ :0 fr: ::'") 'r-. -x. < '~fTl z( I >:'6 Cf.l:,' U1 ,.) ~c " ::;-1 ,i :< - ;:=s:n ~f :r "So 0 r:- l:':icn ~ .-1 0 ~ ::.? =< Jl {)3~ 3~11 '.~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this iL day of ":"7<t Me. , 2003, between CHERRI M. WHITSON, (hereinafter referred to as WIFE) and CHRISTOPHER W. WHITSON (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 23, 1995, in Hershey, Pennsylvania; and WHEREAS, the parties have one child, namely, Noah C. Whitson, born August 21, 1999 (age 3 Y, years). WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Linda A. Clotfelter, Esquire, and that Husband has been informed that he has the right to retain independent legal counsel in this proceeding, but Husband has chosen not be represented by counsel. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by 1 each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of 2 and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) ofthe other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, fumily exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of.whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and fiIture claims on account of support 3 and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu oftheir past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable-distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in Paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the win and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the 4 parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (I) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at thi~ time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make a decision on the matters covered by this Agreement, which court 5 decision concerning the parties' respective rights and obligations might be different from the provisions ofthis Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventorv: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Exoense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. Discoverv: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out ofa breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital ProDerty: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, 6 remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel tees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside fimds or other property not constituting marital property. . The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR AND OTHER VEHICLES. With respect to the motor vehicles owned by one or both ofthe parties, the parties agree as follows: 1. 2002 Dodge Truck: The parties acknowledge that the 2002 Dodge Truck has been sold and the loan for the truck has been paid in full such that both parties were released from any and all obligation for sarne. 11. Boat: It is acknowledged herein by the parties that the boat has been sold, the loan for the boat has been paid, and $1,000.00 was distributed to Wife from the proceeds. iii. Camner: The parties acknowledge that the camper has been sold and the loan has been paid in full such that both parties were released from any and all obligation for same. iv. 2003 Toyota Celica: Wife shall retain the 2003 Toyota Celica which is titled to Wife's name alone and it shall be her sole and separate property. Wife shall be solely responsible for any and all financial obligations related to this vehicle including but not limited to the obligation with Toyota Financial and she shall hold Husband harmless for same. v. Motorcvcle: Husband shall retain the motorcycle which is titled to Husband's 7 name alone and it shall be his sole and separate property. Husband shall be solely responsible for any and all financial obligations related to this motorcycle including but not limited to the loan with Waypoint Bank and he shall Wife hannless for same. VI. 1968 Chevelle: Husband shall retain the 1968 Chevelle and it shall be his sole and separate property. Husband shall be responsible for any and all financial obligations related to this vehicle and shall hold Wife hannless for same. vu. Identification: Identification of a vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereofifit has been sold or traded in prior to the date of this Agreement. Vlll. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating the transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. IX. Title and Power of Attornev: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise, x. Liens: In the event that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indell1IlifY, protect and save the other party hannless from said lien or encumbrance. xi. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall be come the sole and separate property of the other party pursuant to the terms of this Paragraph. B. REAL ESTATE. The parties are the owner of a certain tract of improved real estate known and numbered as 585 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 (hereinafter "the Real Estate") which is encumbered with a three (3) mortgages, the first mortgage being in Husband's name alone and the second and third mortgages being in both Husband's name and Wife's name 8 (hereinafter "the Mortgages"). With respect to the Real estate and the Mortgages the parties agree as follows: I. Husband's occupancy, The parties agre-.e that Husband shall be entitled to exclusive occupancy of the real estate and Husband shall pay all expenses relating to the Real Estate, including, but not limited to, the Mortgages, real estate taxes, insurance, utilities and the like. It is further agreed that all household utility accounts not in Husband's name alone, shall be transferred to Husband's name alone within ten (10) days of the execution of this Agreement. II. Husband's refinance. Husband further agrees to apply to refinance the Mortgages such that Wife is relieved of liability for any and all liabilities for the Real Estate. Husband shall be solely responsible for any and all costs associated with his refinance of the Mortgages pursuant to this Agreement. If Husband is not able to effectnate the refinance of the Real Estate within six (6) months from the date of execution of this Agreement, then the Real Estate shalI be listed for sale and the property shall be sold to a third party such that the Mortgages are paid in full, thereby releasing the parties from same. Ill. Distribution of Proceeds upon Sale. If the Real Estate is sold to a third party, upon settlement the net proceeds derived, after payment ofthe Mortgages and all other normal and reasonable settlement costs shall be distributed as follows: One-half(JI,) to Wife and One-Half(Y:.) to Husband. IV. Wife to Execute Deed. Wife shall execute a Deed transferring any and all right, title and interest he has in the marital residence located at 585 Walnut BottomRoad, Shippensburg, Pennsylvania to Husband at the time of the real estate settlement for Husband's refinance as described in this section. Should Husband require a copy of a fully executed deed to obtain the approval for his refinance, then WIfe shall execute a deed upon request and shall provide a copy to Husband, however, the original deed shall be held in escrow by counsel for Wire until the time of the real estate settlement for Husband's refinance under Paragraph B(ii) hereinabove to refinance the second and third mortgages. At the time of the refinancing settlement, Wife's counsel shall release the executed Deed to the settlement agent so Husband can refinance the liens of on said residence and remove Wife as an obligor thereon. In the event Husband fuils to refinance the debt on the marital residence in to his so Ie name, then the deed executed by WIfe transferring her interest in the property to Husband shall be destroyed and Husband and Wife shall both sign a Deed transferring the property to a third party if a sale of the property occurs. 9 C. RETIREMENT ACCOUNTS AND PENSION PLANS. Each of the parties does specifically waive, release, renounce and forev.er abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. D. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property as per Exhibit "A" attached hereto and incorporated herein as if fully set forth verbatim. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other with the exception of Wife's designated property that is presently located at the Real Estate. Wife agrees to remove her property from the Real Estate within 90 days of the execution of this Agreement. The parties further agree that Husband shall not be present at the Real Estate when Wife removes her property. 10 Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. E. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except any such funds or accounts otherwise designated in this Agreement. 8. DEBTS. A. Husband's Debt. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnifY and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. B. Wife's Debt. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnifY and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. C. Marital and Non-Marital Debt. During the course of the marriage, Husband and 11 Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree on the distribution of both marital and non-marital debt as follows: 1. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise specifically provided herein, there shall be no adjustment for the payment of any portion of the Marital debts that a party may have made prior to the execution ofthis marital Agreement, whether or not that debt is specifically referenced in this Paragraph. 11. Wife's debts: WIfe shall be solely responsible for the following bills and debts: 1. Citifinancial: The debt owed to Citifinancial for the purchase of certain furniture that shall be retained by Wife. Wife shall be solely responsible for this account and shall hold Husband harmless for same; 2. Vehicle LoanlLease: The vehicle loan!Iease owed to Toyota Financial for Wife's Vehicle as referenced in Paragraph 7(A) herein; 3. Discover: The credit account owed to Discover which is in Wife's name alone; 4. CelluIar Telenhone Bill: The cellular telephone bill in WIfe's name alone; 5. Retirement Funds: Any and all taxes and/or penalties resulting from her withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; and 6. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. ill. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Vehicle Loans: Any vehicle loan for Husband's Vehicles as referenced in Paragraph 7(A), herein; 12 2. Mortgages: The Mortgages and any cost of the refinancing of the Mortgages as referenced in Paragraph 7(B), herein; 3. Real Estate Expenses: Any and all expenses associated with the Real Estate as referenced in Paragraph 7(B), herein; . 4. Cellular T eleohone Bill: The cellular telephone bill in Husband's name alone; 5. Texaco: The credit account owed to Texaco which is in Husband's name and Husband shall have Wife removed as an authorized user on the account; 6. Lowe's: The credit account owed to Lowe's which is in Husband's name alone; 7. MBNA: The credit account owed to MBNA which is in Husband's name alone; 8. Retirement Funds: Any and all taxes and/or penahies resulting from his withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; and 9. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. D. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the resuh of defending against the obligation and/or enforcing the provisions of this indemnification. E. No Further Charees on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall 13 immediately repay the same. F. Non-Disclosed Liabilitv: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. G. No Further Joint Deht: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. Each party hereby waives any right and/or claim each may have, now or in the future, against the other for counsel fees, costs and expenses. 10. CHILD CUSTODY, It is the express intent of the parties to establish a Custody Order upon written Stipulation of the parties which they will file to the divorce docket number upon the finalization of their divorce proceeding. U. CHILD SUPPORT. Husband shall pay Wife child support for the support of the Child under the following terms and conditions: A. Payment Terms and Commencement Date: The child support shall be designated and payable as follows: I. The sum to be paid by Husband to Wife shall be $1,000.00 per month, effective as of the date that Wife filed her complaint for support, same being Apri123, 2003. The parties agree that at tills time there shall be 14 no adjustment for day care expenses incurred by Wife (Mother) as the primary custodial parent. 11. The parties agree that the terms 0 f this Agreement regarding child support shall be reduced to Court Order and enforced by Cumberland County Domestic Relations Office without their need for an appearance. A wage attachment shall immediately issue against Husband for child support and any arrears as court ordered pursuant to the terms herein. 111. The payments as designated above shall commence as soon as possible as determined by the Court Order, and shall be payable weekly by wage attachment. The order shall specifY the payment of $10.00 weekly on any retroactive arrears until same are paid in full. IV. The Order through the Domestic Relations Section shall designate that Wife (Mother) shall be responsible for medical insurance for the Child and at this time there shall be no adjustment to the Court Order for the sums paid by Wife (Mother) for the cost she incurs by payroll deduction to insure the child. The parties agree to revise the designation of responsibility for medical insurance upon a change in circumstances regarding same. v. The parties further agree to revisit the child support issue when the Child starts school. . B. Termination and Adjustment: The amount of child support allocated to the Child shall terminate upon the earlier of the child reaching age 18 or graduating from high school or upon the emancipation of the child. C. Medical Expenses: The following shall apply to the medical, dental and optical expenses for the Child that are not covered by insurance: I. Sharing ofExpenses: The party having primary physical custody of the child shall be responsible for the first $250.00 in non-covered medical expenses (as that term is defined in the support laws of the Commonwealth of Pennsylvania) incurred for the Child in each calendar year. Any non-covered medical expenses in excess of that $250.00 amount per year shall be paid Fifty Percent (50%) by Wife (Mother) and Fifty Percent (50%) by Husband (Father). Each party shall pay his or her share as the medical expenses are incurred and in 15 no event any later than thirty (30) days following a request for contribution. u. Insurance Coverage: If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then Fifty Percent (50%) shall be paid by Wife (Mother) and Fifty Percent (50%) shall be paid by Husband (Father) when' the expense is incurred and when the insurance reimbursement payment is received it shall be divided as follows: Fifty Percent (50%) to Wife (Mother) and Fifty Percent (50%) to Husband (Father). Ill. Documentation: any party having the insurance coverage on the Child shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all statements pertaining to the detemlination of insurance coverage as to each claim made thereunder. 12. EDUCATIONAL EXPENSES OF CHILD. With respect to the Child's future education, the parties agree that they will share eqnallythe cost of the Child's undergraduate college and/or post secondary vocational or technical training expenses, including but not limited to the expenses therefor incurred for tuition, room and board, books and educational fees (hereinafter"the Educational Costs") at the time the expenses are incurred. Before a party can be expected to contribute to the Educational Costs, the parties will consult with each other and jointly agree as to the expense to be incurred and the educational institution to be selected for the Child. Since it is impossible to determine at the present time the ability of the Child to perform satisfactorily in his educational endeavors at the time or times the Educational Costs are to be incurred, the effectuation of the parties' intent pertaining to the foregoing will be determined from time to time based upon the Child's then existing ability to perform satisfactorily in educational endeavors and the amount of the Educational Costs as such may exist when the Educational Costs are to be incurred. This provision 16 shall not confer any third party beneficiary rights upon the parties' Child. ~~\\O\..ci\\\C\.Q~\~ \<::f0J-\'l a.r-d..a\\ ~ra.rW:;,&:.robs'r.t~'l.\J{\cnc~ Q,\Q.. \e..~UD.\.\~e5b 1,,1" 13. SP~VSALSVPPORT.ALIMONYPENDEN'rELlfEANDALIMONY. Except ~ /w-Iv as hereinafter set forth, both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfuction of all claims and demands that they may now or hereafter have against the other for spousal support, alimony; alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. Nothwithstanding the above, Husband agrees to pay to Wife spousal support and alimony as follows: A. Amount: The spousal support and alimony shall be $200.00 per month, effective as of April 23, 2003, which is the date Wife illed a Complaint for spousal support in the Domestic Relations Section of the Court of Common Pleas of Cumberland County. The payment shall be designated as spousal support until the entry of the divorce decree between that parties. At the time of the entry of the divorce decree, the payment shall then be designated as alimony and it shall be paid until termination is justified as more specifically described in Paragraph 13 (C). B. Entrv as Court Order: The support and alimony obligation of Husband shall be reduced to Court Order and enforced by Cumberland County Domestic Relations Office without the need for an appearance by the parties if possible. A wage attachment shall inunediately issue against Husband for spousal support and thereafter alimony and any arrears as court ordered pursuant to the terms herein. The payments as designated shall commence as soon as possible as determined by the Court Order, and shall be payable weekly by wage attachment. The order shall specifY the payment 17 of$5.00 weekly on any retroactive arrears until same are paid in full. C. Payment Tenns and Commencement Date: The payments as designated above shall be payable weekly and shall include $5.00 on arrears and it shall continue thereafter as long as said obligation remains. D. Tennination: The spousal support payments shall continue until the parties' divorce decree is entered. Thereafter, the obligation shall be designated as alimony and the alimony payments shall terminate upon Wife's remarriage or cohabitation, the death of either party, as otherwise provided by Pennsylvania law, whichever occurs first. E. Modification: The spousal support and alimony obligation of Husband to Wife may . not be modified downward and any changes must be upon the mutual agreement of the parties, with the exception of the termination of the alimony obligation as described in Paragraph 13 (C). 14. MEDICAL INSURANCE. The following shall apply regarding medical insurance on the parties and their Child: A. Medical Insurance for Parties: Each party shall be responsible for his or her own medical insurance. B. Medical Insurance for Child: Wife shall continue to provide medical insurance coverage on the Child as long as he remains eligible therefor and that coverage is available to Wife through her employment at a reasonable cost. The parties agree to revisit this issue upon a change in circumstances, 15. DIVORCE. A Complaint in Divorce shall be filed in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to 18 secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 330l(c) of the Divorce Code as well as Waiver of Notice ofIntention to Seek Entry of Final Decree concurrently with the execution of this Marital Settlement Agreement. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnifY, defend and hold the other harmless fi.om any and all additionaJ expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 16. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations ofthe parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that of the parties' children. The parties acknowledge that there are no banJrJUptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this 19 Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further if either party institutes arty action in bankruptcy 'or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 17. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 18. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced 20 independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and'this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defIned as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 20. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and ofall sources and amounts of income received or receivable by each party. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall ofthe other party: 21 a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502( e) of the Pennsylvania Divorce Code, 23 Pa.C.SA 789 3502( e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in t his paragraph shall be based on ,;onsideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or mlY possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 23. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 24. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. ?? 25. ADDITIONAL INSTRUMENTS. Each of the 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, including Deeds and other real estate-related docun1ents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 26. SEVERABILITY. If anyternl, condition, clause: or provision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect. and operation. 27. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 23 IN WITNESS WHEREOF, and intending to belegally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~~~ ~~7//. {O~ ~RRl M. WHITSON ~~/ / ~. wm"ON~ 24 ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ 4 ~'V< ~/7 SS. On thisJi day of ~ J '" IV C. , 2003, before me, the undersigned officer, personally appeared CHERRI.M. WHITSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same. for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Richard E. Leooard, Jr., Notary Public Greene Twp., Franklin County My Commission Expires />fJr. 29, 2OC17 Member, Pennsylvanoa Assodation Of Notaries ~ [~ fl/ Notary Public / COMMONWEAL TH OF PENNSYL VANIA COUNTY OF C ~ ...., t? 'Vt c..A+.-1/ SS. On this.fl. day of ~ -- i:: , 2003, before me, tile undersigned officer, personally appeared CHRISTOPHER W. WHITSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Richard E. Leonard, Jr.. Notary Public Greene Twp., Frankin County My CommissIon Expires />fJr. 29, 2007 Member, Penr1S}1lia~a Association Of Notaries A!3ta-q ( Notary Public ' 25 " EXHIBIT "A" PERSONAL PROPERTY DESIGNATION HUSBAND WIFE. bed in Child's room dryer bed and dressers in spare room black chair in basement everything in dining room except crystal and old refrigerator in garage china washing machine all other property not designated in Husband's wt . refrigerator (new one) child's swing set everything in garage except old refrigerator basement family room (computer an desk, big screen t.v., end tables with matching coffee table, dvd player and surround sound equipment, couch and chair.) Antique table from great-grandmother rocking chair in bedroom 26 (") G '" -orf.' rrw -.... -'.~. Zl. <n: .<-.;, ~~,~ !2.c. ~G -\.-' ""c: z --J -<. o <...' C"> \-., " . o -n . -0 ::Jt " -,~ 1\",,,,- ...rn ,1'-' \'f ~('i~ '.~l ~D ;-::",t.") ,-Srn ~ ~ :J1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERRI M. WHITSON, v. CIVIL ACTION - LAW NO. 03-03277 CIVIL TERM CHRISTOPHER W. WHITSON, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on July 10, 2003, and served on Defendant on July 14, 2003, via Certified Mail, Return Receipt Requested. An Affidavit of Service and Acceptance of Service was filed on August 1,2003. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff: Defendant: November 17, 2003, filed November 18, 2003 November 17,2003, filed November 19, 2003 (b)(I) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: NA (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filing: NA Service: NA 4. Complete the appropriate paragraphs: 289821 Dated: 289821 - (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All (d) State whether any written agreement is to be incorporated into the Divorce Decree: Yes, Marital Settlement Agreement attached to Decree in Divorce 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(I)(i) of the Divorce Code: Service: NA (b) Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: November 18, 2003 Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: November 19, 2003 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By L- Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff \J-2:>.\)~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERRI M. WHITSON, v. CIVIL ACTION - LAW NO. 03-03277 CIVIL TERM CHRISTOPHER W. WHITSON, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this~y of December, 2003 I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Cherri M. Whitson, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christopher W. Whitson 585 Walnut Bottom Road Shippensburg, P A 17257 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: \ ---- Andrew'f Spears 289821 2 "'" "'tJ~ nl(:' ""7'....-., z( 0) ~ -< 0.'. k\~- ~..- z.~ ,,;c ~~ :''2 o W r:::J i-" " ~ -~ ~I~F1 :~~ ~!J <),~ (~~S QI'n .--" '- ~ ...." :r Ul . . . . . . . . . . . . . . . . . . . . .. . ... ... ... . . . :t;;f.:+::t::t:/f.:f.:f. 'f.:+:;t;:t: :Ii :+::+: :+;e+;:+::ti ;to; :+''''';t IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. CHERRI M. WHITSON No. 03-3277 CIVIL TERM Plaintiff VERSUS . CHRISTOPHER W. WHITSON . . . . . . . . . . Defendant DECREE IN . . . . . . DIVORCE ~I/:I/ 3,...... -) , IT IS ORDERED AND AND NOW, ~,c. . . . . . . . . . Cherri M. Whitson , PLAINTIFF, DECREED THAT Christopher W. Whitson , DEFENDANT, . . . . . . . . . AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . . . . . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . . :+::t::+::+:'+':+::+:'+'~:+::+::+:+:+::+::+::+:+:+:~ BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . . . YET BEEN ENTERED; The Marital Settlement Agreement between the parties dated . . . . . . . . . . . . . . . . . . . . . . , . . . " June 11. 2003. is incorporated but not merged herein. ATT"T ~ t'~)! PROTHONOTARY . 'f.:+::f. 'f:+::+: Of:+: 'f''+: :+::+:+::+: Of. Of. 'f :f;f.:f. 'f.:+::+::f", . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . , . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . J. '~.:z ~ ~ ~.q1/-?::,/ ~~. P ~ ~ ~',;::'9 ~~/'c5'1 .... . . . ~ ,,'I .' . ~\ .... Pamela L. Purdy, Esquire Attorney 1.0. No. 85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attorney for Defendant CHERRI M. WHITSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3277 CIVIL ACTION - LAW CHRISTOPHER W. WHITSON, Defendant IN DIVORCE AND CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, Defendant, by and through his attorney, Pamela L. Purdy, Esquire, files this Petition for Modification of Custody, and in support thereof, avers as follows: 1. Plaintiff is Cherri M. Whitson ("Mother"), who currently resides at Buttonwood Drive, Dauphin, Dauphin County, Pennsylvania. 2. Defendant is Chistopher W. Whitson ("Father"), who resides at 585 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of Noah C. Whitson, born August 21, 1999, who currently resides at 4. On July 14, 2003, the Court entered an Order of Custody based upon a '.. Stipulation of the parties granting the parties shared legal custody and primary physical custody to Mother and partial physical custody to Father. A true and correct copy of the Order and Custody Agreement and Stipulation is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 5. The best interests and permanent welfare of the child will be served by a modification of the Court's Order granting Father more time with the child because the child and Father have a close bond and Father is better equipped to deal with the child's emotional and developmental issues. WHEREFORE, Defendant respectfully requests that this Honorable Court modify its Order granting Defendant additional physical custody of the child. Respectfully Submitted, ~rdf- 4 Counsel for Defendant Date: ~~ 21{ l(()~ - 2 - VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. c---:!.?=~ 'I'" ?5-06 Dated: . ' CERTIFICATE OF SERVICE ~ The undersigned certifies that on the 1,. 't day of September, 2006 a true and correct copy of the foregoing Petition for Modification of Custody was served by first- class mail, postage prepaid, upon the following: Linda A. Clotfelter, Esquire 5021 East Trindle Road Camp Hill, PA 17050 Of Counsel for Defendant ~, '" ........... ......... ~ ~ l3 " t~ ~ ~ C> CY [f! ~ ......-.., :::1'1 -4 .-,- ;-rj ~ (,) cr' c CHERRI M. WHITSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3277 CIVIL ACTION LAW CHRISTOPHER W. WHITSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 12, 2006 , upon consideration of the attached Complaint, it is hereby directed that paJiies and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at_MI;Y Manlove, 1901 State St., Cll_'!lpHiII, P A 17011. on___ Friday, November 17, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT, By: /s/ Melissa P. Gree Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~r ~ ~/W ~ X'L/.OI ~ P ~ rr"'" ~IL, #Jlldol ~ IE ~ ~ hW,r"'J 1IJU -(/1 .~:;/')(1;J L i ::~ 'f ..l Ll 1\ '. r, n. (~,' '~.' r:.. ~ ... ~ <i -....I .._,-J <J J~jUl AbvLC,; ~_______,,-~.._----_w-._- \ '.. Pamela L. Purdy, Esquire Attorney I.D. No. 85783 115 Pine Street, Suite 100 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attorney for Defendant I IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLV~NIA NO. 03-3277 CIVIL ACTION - LAW CHERRI M. WHITSON, Plaintiff v. CHRISTOPHER W. WHITSON, Defendant IN DIVORCE AND CUSTODY PRAECIPE TO WITHDRAW MODIFICATION OF CUSTODY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Defendant's Modification of Custody that was filed to the above- captioned matter on October 4, 2006. e~r?'~ Dated: Attorney for Defendant y --.. CERTIFICATE OF SERVICE The undersigned hereby certifies that on the L day of November, 2006 ~ true and correct copy of the foregoing document was served by first-class mail, postrge prepaid, upon the following: Linda A. Clotfelter, Esquire 5021 East Trindle Road Camp Hill, PA 17050 Cherrie Whitson Buttonwood Drive Dauphin, PA 17018 '.:".c';" C>, ~-'\ -I. ei'- .-\ ...,... -~ -~:-' r:-? ~i/' ~9- !.."1 0". NOV 20 2006J CHERRI M. WHITSON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-3277 CIVIL ACTION LAW CHRISTOPHER W. WHITSON Defendant IN CUSTODY ORDER AND NOW, this 16th day of November. 2006, the conciliator, being advised by petitioner's counsel that the Petition to Modify has been withdrawn, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for November 17,2006, is cancelled. FOR THE COURT, ~#-v---- Dawn S. Sunday, Esquue Custody Conciliator '...a-f .,~< l'.} =:> '':;''"':;.::;l en N a -0 _:"" N <'"\"'1 t,~_...... . C../1