The URL can be used to link to this page

Home My WebLink About99-05547 (2) ?716"?'>71p+: -01P"-0q" •YL•- •,W,. •31i•"•Sri •31A'•;?;. {p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BETTY„A,... MITCHEM, No....99-5547„ 1999 PLAINT,IFF... I """"'. Versus BRANDON..D._MITCHEMr DEFENDANT ............. .................. DECREE IN DIVORCE AND NOW, ..........p!A?. (,{r ... ! 3 . , t:97:770., it is ordered and decreed that ......... BETTY ,A., MITCHEM . .. . . . . . ........... plaintiff, and • • • • • • • ..,......... • BRANDON D.. MITCHEM ............ • , , , defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ........................ W..E............................................ , ................................. ............ ... i? 4 By T e Court?? J ttest: n _ A Prothonotary E °tlt•: 40 44:• 49• -20- M, W, -362- -far. IV dr. .A7. .•A:. W. t ,.J ,, ' ,t: A BETTY A. MITCHEM, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. VS. No. 99-5547 CIVIL 1999 BRANDON D. MITCHEM, CIVIL ACTION - LAW Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (3301(c)) MOMQ'd{MM of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: sent certified mail, 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 August 30. 2000 August 30. 2000 by defendant (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date or,service of the plaintiff 1 s affidavit upon the defendant: 4. Related claims pending: All claims are settled and 5. 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)(1)(i) of the Divorce Code. 6. 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(c) of the Divorce Code , or, date of execution of waiver of Notice of Intent Plainti /30/2000, Defendant 8/30/2000 and date of filing of waiver Plaintiff 9/1 2000 Defendant 9 1/2000 PlaintifMg g t ?` ? -_ ` - '- s = - . ::. ,: -? . ==? ,? _ p., ;. L_ ' Liz ?/! ?? -? _) ! (, BETTY A. MITCHEM, Plaintiff VS. BRANDON D. MITCHEM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 79 - 5 5 97 0v _T41v-.. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this ?l day of j?-?? y. r 1999, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at 3q W . Mn on the ?Cl_ day of ?Ct?r r ( 1999, a : (1t) / .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is subject of this custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator U , 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 -' n . .. i i 1, -1, . ?. /syy i?'?ce nr?? ? BETTY A. MITCHEM, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. VS. NO. 9 9 - S5 q-'7 BRANDON D. MITCHEM, CIVIL ACTION - LAW Defendant IN DIVORCE AND 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 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. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6222 BETTY A. MITCHEM, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. VS. NO. 99-Sj`?7 BRANDON D. MITCHEM, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, elcaso puede proceder sin usted y decreto de divorcio o 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 demandant. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponibie en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O 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 PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6222 BETTY A. MITCHEM, Plaintiff vs. BRANDON D. MITCHEM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. f! 9- 55- V7 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COUNTI AND NOW, this day of 1999, comes the Plaintiff, Betty A. Mitc em, by her attorney, Jane . Alexander, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Betty A. Mitchem, 22 years of age, who currently resides at 5920 Spring Road, Lot 14, Shermans Dale, PA 17090, Carroll Township, Perry County, Commonwealth of Pennsylvania. 2. Defendant is Brandon D. Mitchem, 24 years of age, who currently resides at 155 Salem Church Road, Lot 40, Mechanicsburg, 17055, Hampden Township, Cumberland County, Commonwealth of Pennsylvania. 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on May 3, 1997 in Carlisle, Cumberland County, Pennsylvania by a Paster. 5. There was one (1) child born to the parties during this marriage, Antonia Elizabeth Mitchem, age 2 years, born May 17, 1997. 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 8. 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. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. 15. The Plaintiff seeks primary physical and joint legal custody of the following child, Antonia Elizabeth Mitchem, age 2 years, born May 17, 1997. 16. The child was born during this marriage. 17. The child is presently in the custody of the Plaintiff. 18. The child has resided with the Plaintiff and Defendant from date of birth to August 27, 1999 at 155 Salem Church Road, Lot 40, Mechanicsburg, PA 17055. On August 28, 1999 Plaintiff and the child moved to live with Plaintiff's brother, Herman Garman, at 5920 Spring Road, Lot 14, Shermans Dale, PA 17090, Carroll Township, Perry County. 19. The relationship of the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff has not participated as a party or as a witness, or in any other capacity, in other litigation concerning the custody of this child in this or any other Court. 22. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 23. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and joint legal custody because the Plaintiff is able to provide the child with a good environment and proper care of the child and has, during the life of the child, been the primary care giver. WHEREFORE, the Plaintiff requests your Honorable Court to grant her primary physical custody of the subject child with reasonable rights of visitation to the Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts. Respectfully Submitted, ttorney for/the Plaintiff D. No. 07355 148 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 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. Section 4904 relating to unsworn falsification to authorities. Date: sU(a_I. 'Ali L?? . 4 M? Betty A. Mi Hem COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Betty A. Mitchem who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. .- o Betty A. Mttthem Sworn to and su s ribed before me this day of o?^+?a . - , 1999. Notary Public Nadal Seat .:.?? AANC '? PrteWardE.Alexander eoro, . York itMum ppyarro? , My Commission Expires AM 23, Will Member. Pennsvivaw association of Notaries - ; ' o ?• o U3 a W Z q Cl R' N H ? O a z z zu ° ° a w ° N o a w v Oza N a E ° w> u w 0 u mo Ou q C x u E W H R Z L, > w F „ O? CJ z w V4 £ U W r q 20 ? g ? z w O H.. 4U E V N q F Z H H H w rC ? O o OUZ f -0 W UUm 00 c? N H ry SEP 1 4 1990 A. MITCHEK, Plaintiff VS. N D. MITCAEM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 99-5547 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the vorce Code was filed on September 10, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably and ninety (90) days have elapsed from date of filing and of the Complaint. 3. I consent to the entry of a final decree of divorce ter service of notice of intention to request entry of the I verify that the statements made in this Affidavit are true correct. I understand that false statements herein are made ect to the penalties of 18 Pa. C.S. 54904 relating to unsworn ification to authorities. Betty Mitchem _ U i 4 aw as £ w E W O E E E Q S Z z W N ~yy w Z Z 5 ..o u NA a m13, E O u OQU g z p w io U N aa?Hw ((..??inFU O E A H c ?q m 1 0 U O R1 .C Z D ?H E Z xu G E4 > El < r14 m ZOZUH m D N A. KITCHEN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. VS. NO. 99-5547 CIVIL TERM IN D. KITCHEN, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE 53301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce thout notice. 2. I understand that I may lose rights concerning alimony, vision of property, lawyer's fees or expenses if I do not claim m before a divorce is granted. 3. I understand that I will not be divorced until a divorce ree is entered by the Court and that a copy of the decree will sent to me immediately after it is filed with the I verify that the statements made in this affidavit, are and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to orn falsification to authorities. is Z. 2 44,4 Betty Mitchem U) wz a w w o -W z N W E H z ?$ a EF oz U a E q ?z zz ? w x YV ?+ 1i a? ? i i3 0 ?C r. f W ? . G . o a H a H E g V a Ez z £ S O ?aa °w z r E4 U ? 44 mI z rAz:rn H O a N W H U > q E N 2 W OHz W to rx A. MITCHEM, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. VS. NO. 99-5547 CIVIL TERM N D. MITCHEM, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301 (c) of the vorce code was filed on September 10, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably n and ninety (90) days have elapsed from date of filing and ce of the Complaint. 3. I consent to the entry of a final decree of divorce service of notice of intention to request entry of the I verify that the statements made in this Affidavit are true correct. I understand that false statements herein are made ect to the penalties of 18 Pa. C.S. §4904 relating to unsworn alsification to authorities. A??OpO , o . ? Brandon D. itc m , f L: . L'. f 43 z az 04W E ? W H E E Uz E q H Z r n a W W ?N OUH? xW Fq O U # CCU U H ? £ r-4 ? 4 r O 9 D4 wH H O y O a a W Op: LnEU U W n U a z to E ?.-? vv C Olg £ 1 D Z 0 W e FU?Hq E z O H D MOZUH E w D W P4 W BETTY A. KITCHEN, IN THE COURT OF COMM PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. VS. NO. 99-5547 CIVIL TERM BRANDON D. MITCHEM, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE S3301(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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. 54904 relating to unsworn falsification to authorities. Date: 3 O Brandon D. Mitche Q J i ? W z ww w z a z m F Q O a z z N g p? ] 00 ° W a y a o O U' 2c u W U O E H $? z U F £ Z E+ O a 0aLnW° z 14 r U aU ° U i W O ioa a z x HON a 'H m w EU Ll E H > zWOzH W to a Q A. KITCHEN, VS. Plaintiff IN TBE COURT OF COMMON PLEAS OF CUMH*+vr.atan COUNTY, PENNA. NO. 99-5547 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND DIVORCE D. KITCHEN, Defendant AFFIDAVIT OF SERVICE AND NOW, this day of 1999 personally red Jane M. Alexander, Esquir who swears according to law, a true and correct copy of a COMPLAINT IN CUSTODY AND CE was caused to be served by certified mail with return ipt requested upon the said, Brandon D. Mitchem 155 Salem Church Road, Lot #40 Mechanicsburg, PA 17055 September 14, 1999 by leaving the same at the Dillsburg Post ice with postage pre-paid thereon as evidenced by the mailing eipt and return receipt hereto attached and made a part and subscribed before s day of 1999. Jane M. A xander, squire Attorney I.D. #07355 ,148 S. Baltimore Street j Dillsburg, PA 17019 (717) 432-4514 Notsdol Seel Hffiverd E. Alexander, Notary Pbblo OftbuT sorb, York Coifft , 2001 My Commission Expires April 29 Member. Ponnrmmmo satiation o Note es A. NITCHEN, Plaintiff VS. D. MITCHEM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 99-5547 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND DIVORCE " SENDER: r addheinal services l t lt 2 f C t Ra I also wish to receive the w . ma she er o • omp e e • Complete Kernel 3, 4a, and 4b. following services (for an ' • Prim your name and address on the reverse of this form so that we can Mum this d t oou BXIre (00): a o yy ca . • Attach ahs form to the front of me mallplece, or on the back If Space does not ppBB"m? 1.A Addressee's Address , •w; e'Retum Receipt Requesled' on the mallplece below the article number. 2 Restricted Delivery ; • The Rehm Receipt will show to whom the arid' was delivered and the data Consult postmaster for fee. delivered. 3. ARicle Addressed to: 4a. Article N umber SravtQov? D. Mi?clnavK ? d44+ 828 l3(0 ? lctnn GkatCclt Road ?$$ S 4b. Service Type a .? Certified ? Registered P A 17 Lot* 4c, 90 ? Express M C> Insured c . SS ae ? Return OD PA (LO 9U,6KtGS1olACg Date e of 7 of D , . V 5. Received By: (Print Name) B. Addressee (O nested d f l a /V an ee sp 3W 8. Signature: ressee Ag PS Form *11 , December gsa 025abssB-0229 Domestic Retum Receipt PROOF OF SERVICE f 2 446 828 136 US Postal Service Receipt for Certified Mail A fry, rc '- • -Z LL.• CSI G ( t . . . ill J .L n c °i C1 O Ci 6 zF f+E O E q W O U til C H H U C1H?-7 L1 W W H _$ N A4 od onu Q U mw W a 04 H za U H4 N 0 44 E dpp S N 11EE 0 O UW v)aF z H ln, a x ? CT H ?,N ? S E E y A 44 44 99 -S5y7 SOCIAL SECURITY INFORMATION SHEET PURSUANT TO23 Pa.C.S•A. SECTION 4304.1 (a) (3) ALL DIVORCI:S MUST' INCLUDE TFIE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: DOCKETNUMBER: 99-5547 Civil Term PLAINTIFF/PETITIONER SSt1 205-56-2253 NAME: Betty A. Mitchem DEFENDANT/RESPONDENT'SSlt 176-60-4471 NAME: Brandon D. Mitchem SOCIAL SI?CURI'1'Y INFORMA'T'ION SI11?ET PURSUAN'T' TO 23 Pa.C.S.A. SR" ZION 4304.1 (a) (3) ALT. DI%'olwj`.S NI us I' INCLUDE T111: PARTIES SOCIAL. SECURITY NUMBER PLEASE DILL IN T1IF APPROPRIATE INFORMA'I ION AND RFI'I IRN'1.4 ? I I IF PROTHONOTARY'S OFFICE DATE: ?7i?,? ------ DOCKETNUMBER: 99-5547 Civil Term PLAINTIFF/I'ET1'HONER SST/ 205-56-2253 NAME: Betty A. Mitchem DEI-LNDAN'171tGSPONDI:N'I' SS I! 176-60-9971 NAM[:: Brandon D. Mitchem NIMJU AIV.eOe COMMONWEAL? If OF PENNSYLVANIA, 1 ' SSLI DEPARTMENT OP DIALTII VITAL RECOIIOS ' RECORU OF Ti'i '------ COUNT ,CUMB ERL AND I DIVORCE OR ANNULMENT L - ??[1 ICNECK ONEI L_,;1 ? WI A 1FL ATi _ _-- ?. NAM! MX HUSBAND Brandon M,er "' 0• Mitchem un11 eE iar--m; :. AE lolND! mfa , LWY .7ela. er w?-µ Y 5 12 1974 _ O,Rtq 110 S. Ridge Road, Boil ' ing Springs, Cumberland p ?7iA0€ rsliPnrrM?Tr- 0f ' NUMeE" !. RAC! , Pennsylvania 1 WMLLO! I FINITE ? nLACK OI IIEg?.?M D'I ? I• USUAL UCCUFAIION??-?--_'-'_- B ki u oo ng agent !, MAIDINNAM! IIAX/ WIFE _-__Petty fMMdN/ LIIf A. Garman 9. DAIE a, A AY Yqr n' 1 le A!!10lMCE STmIw A.O. EWY. eele. pr lw,L (.bY Stott nIY 6280 Carli l ik 1 nIX1 11 22 1976 ,I PL n f - s e P e, Lot #391, Mech ni sb . C ISbUnrlPrNTn fbunlrY/ ni /i' N11M'E^ 01 fMO 1 W11 To elncK OTNE^1sX "", n,ltt„ Pennsylvania UOATION IS. PLAOIOF raM Lt IH 0 ? Assistance manager Dr THIS RT"T,MUe BADE Cumberland Men, e1 F.10" Q,MO,j Pennsylvania te. ante nIS 1 Uel' reel '" C114 11e. NO 1 1 OF p Pl MOE 1 ONEN TNIE OAENUNOE. IS 1 CN,L It. L I I NUD . 5 3 1997 MA„N,nU[ ?E'O 1 MAARIADE e ONO W® CroIO ltPlie„YI TCAECE WANTFOTO-?---?? I,WOANO WIrE OI ' MUMSlA OF NVSOANO w11E NLIT CUlTODY CNILOAEN E 011M .Iff IIEn ISMaIIY, ? ® a O ? -suETD0r0. edf') ? }I. LEOALORUNDE rOR 0 D E onE o. D!e^u rEM Ir •=e? ieiv"a`! fV' broken TO CLEAK 4 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ?t)tt, day of t , 2000, by and between BRANDON D. MITCHEM,hereinafterreferred toas "HUSBAND", and BETTYA. MITCHEM hereinafter referred to as "WIFE". WHEREAS, the parties hereto were married on May 3, 1997; and WHEREAS, diverse unhappy differences, disputes, and difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and to settle fully and finally their financial and property rights and obligations between each other; and WHEREAS, the parties have one child, Antonia Elizabeth Mitchem born May 17, 1997; and WHEREAS, WIFE instituted a divorce action filed to docket number 99-5547 of the Court of Common Pleas of Cumberland County, Pennsylvania. NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement in their legal effect have been fully explained to the parties by the respective counsel, Richard L. Webber, Jr., Esquire, for HUSBAND and Jane M. Alexander, Esquire, for WIFE. The parties acknowledge that each has received independent legal advice from counsel of their selection and they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. 2. PURPOSES The purposes of This Agreement are to effect a complete and final settlement, between the parties as to their property rights and obligations to support each other. 3. WARRANTY OF FULL DISCLOSURE Each party represents that he or she had an opportunity to obtain from the other party information concerning the extent and value of all marital and nonmarital assets, as defined by the Pennsylvania Divorce Code. The parties also acknowledge that they have each had an opportunity to value or have appraised any and all property. 4. NO INTERFERENCE It is, and shall be lawful for the parties hereto at all times to live separate and apart from each other and to reside from time to time as such place or places as each of such parties may see fit and to contract, carry on and engage in any employment, business, or trade, which either may deem fit, free from control, restraint, or interference, direct or indirect, by the other in all respects as if such parties were sole and unmarried. Neither party shall in any way molest, disturb, or trouble the otheror interfere with the peace and comfort of the other or compel or seek to compel the other associate, cohabit, or dwell with him or her by any action or proceeding for restoration on conjugal rights or by any means whatsoever. 5. BANK ACCOUNTS The parties acknowledge and agree that all money has been divided by the parties satisfactorily and neither party shall make any claim to any such account or money currently in the possession of the other. 6. HOUSEHOLD AND PERSONAL PROPERTY HUSBAND and WIFE have previously agreed upon distribution ofall items of personal property. WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property ofHUSBAND, and HUSBAND agrees that all property in possession of WIFE shall be the sole and separate property of WIFE. Each of the parties does hereby specifically waive, release and renounce any further claims with respect to the above items. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in any personal property from each to the other. 7. AUTOMOBILES WIFE shall retain the 1993 Geo Tracker. HUSBAND shall retain the 1990 Buick LeSabre. The parties shall fully cooperate in signing any automobile transfer and registration fors and insurance forms so that the above distribution can be finalized. The parties acknowledge that, subsequent to the date of separation, WIFE made payments on loan encumbering the 1993 GEO Tracker. WIFE shall not be entitled to any reimbursement and/or contribution from HUSBAND with respect to those payments. There are no other vehicles owned by either party that are considered "marital property". 8. PENSION, RETIREMENT AND OTHER EMPLOYEE BENEFITS HUSBAND and WIFE do hereby waive any and all rights that each has with respect to the other and any other employee benefits, parties pension, retirement, and IRA accounts. 9. MARITAL DEBTS AND REPAYMENT The parties acknowledge that the following constitute "marital debt" as defined by the divorce code: (A) Loan from HUSBAND'S parents, Kim Miller and Sue Miller, in the original amount of approximately $11,500.00; (B) Lot rent for the mobile home from September 19,1999 to January, 2000. Theparties further acknowledge that HUSBAND is entitled to reimbursement for payments that he made on parent's loan totaling $3,963.60 and (b) payments made by HUSBAND for lot rent totaling $1,535.00. WIFE shall pay one-half of all future monthly payments of parents' loan, commencing August 8, 2000, by issuing a check in the amount of $165.15 each month, payable the to the bank and given to HUSBAND. HUSBAND shall contribute the same amount each month and shall be responsible for forwarding the payments to the bank. If parents' loan is paid in full in advance of the maturity date, whether by refinancing or otherwise, WIFE shall continue making the same payments, payable to HUSBAND, as if the loan were still owing to the bank. When WIFE has fulfilled her obligations for the parents' loan, WIFE shall continue to make the same amount of monthly payment, payable to HUSBAND, to reimburse him one-half of the payments made by him towards marital debt. The total amount that WIFE shall reimburse HUSBAND is $2,643.55, calculated as follows: A. One-half of payments previously made by $1,981.80 HUSBAND on parents' loan (total $3,963.60) B. One-half of payments previously made by + 787.50 HUSBAND for lot rent (total $1,535.00) $2,749.30 Less one-half of divorce costs paid by - 105.75 WIFE (total $211.50) $2,643.55 HUSBAND hereby waives any right that he may have to recover any monies for items charged on his Sears charge card. The parties agree that as of the signing of this Agreement, they do not possess any joint credit cards, and each wil I take the necessary steps to cancel any credit card accounts which presently exist in joint names, if any. Unless otherwise provided herein, each party assumes the debts, encumbrances, taxes and liens on all assets each will hold subsequent to the date of this Agreement. Each party shall indemnify and hold the other party harmless any debts assumed. 10. DEBTS AND OBLIGATIONS SUBSEQUENT TO SEPARATION WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incurany 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. HUSBAND represents and warrants to WIFE that, since the separation 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 debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein, 11. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each partyagrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 12. SUPPORT, ALIMONY PENDENTE, LITE, ALIMONY Each party does hereby waive any and all rights that each has with respect to alimony pendente lite and alimony. Spousal support and child support has been addressed by PACSES Case Number 984101441 of the Perry County Court of Common Pleas. 13. CUSTODY The specific provisions for custody of the parties child, ANTONIA ELIZABETH MITCHEM, DOB 5/17/94, shall be governed by a separate custody case docketed to Case #99-5547 of the Cumberland County Court of Common Pleas. 14. ATTORNEY FEES, COURT COSTS HUSBAND shall reimburse WIFE one-half of the cost of her tiling fees, service costs and notary fees. The total of those fees was $211.50. HUSBAND'S Payment to WIFE shall be in the form of an offset of monies owed to him pursuant to Paragraph 9 above. Each party shall be responsible for any other attorney fees or costs that he or she incurs. HUSBAND and WIFE to hereby waive any and all rights to recover such expenses from the other party. 15. INSURANCE All current and/or future life insurance policies on either party may be changed and/or amended to delete the other party as beneficiary thereof and each party shall be solely liable for premiums on his or her own policies. 16. EQUITABLE DISTRIBUTION This Agreement constitutes an equitable division: of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way sale or exchange ofassets. Each party hereby acknowledges that this Agreement adequately provides for his or her needs, that it is in his or her best interest, that the parties have divided their marital property in a manner which conforms to the criteria set forth i i Sections 3501 and 3502 of the Divorce Code, and that the Agreement is not the result of any fraud or any undue influence exercised by either party upon the other or by any other person or persons upon either party. BOTH PARTIES HEREBY WAIVE THE FOLLOWING PROCEDURAL RIGHTS: A. The right to obtain an inventory and appraisement ofall of the marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have 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. D. The right to have the court decide any other rights, remedies, privileges or obligations covered by this Agreement, including but not limited possible claims for divorce, spousal support, alimony pendente lite, and counsel fees, costs and expenses. 17. MUTUAL RELEASE HUSBAND and WIFE do hereby mutually REMISE, RELEASE, QUIT CLAIM AND FOREVER DISCHARGE the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption 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 or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with 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 thereof. 7 18. MUTUAL COOPERATION HUSBAND and WIFE shall mutually cooperate with each other in order to cant' through the terms of this Agreement, including but not limited to the signing ofany documents that may be reasonably necessary to give full force and effect to the provisions of this Agreement. 19. TAX CONSEQUENCES By this agreement, the parties have intended to effectuate and by this agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 20. TAX RETURNS AND AUDITS HUSBAND and WIFE represent that all federal, state and local tax returns required to be filed by HUSBAND and WIFE have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. HUSBAND and WIFE further represent there are no tax deficiencies proposed or assessed against HUSBAND and/or WIFE for such periods, and neither HUSBAND nor WIFE executed any. waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. If it is later determined that the parties are liable for additional taxes for a tax year in which they filed jointly, the parties shall be equally responsible for the amount owed. 21. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 22. BANKRUPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafteras to any duties, covenants and obligations accruing or to be performed thereafter. 23. AGREEMENT BINDING ON HEIRS This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 24. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT The Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party underwaist into this Agreement, and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding. This Agreement is not predicated on divorce, and is not made subject to any agreement for the prosecution or non-prosection of a divorce action. 25. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall 9 the waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 26. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and cost incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 27. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action for divorce which was instituted or prosecuted by WIFE and no order, judgment or decree of divorce, temporary, inter- locutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or decree of final divorce. 30. SUBSEQUENT DIVORCE The parties acknowledge that WIFE instituted an action for divorce under Section 3301(c) of the Pennsylvania Divorce Code. WIFE agrees to pursue without delay preparing and executing the necessary documents to file for the entry ofa Final 10 Decree under Section 3301(c). HUSBAND consents to the entry of said Decree and will execute and deliver to WIFE'S attorney any and all other instruments necessary to accomplish the entry of said Decree. The parties acknowledge that the marriage is irretrievably broken. 31. ENTIRE AGREEMENT This Agreement contains the entire understanding ofthe parties, and thereare no representations, warranties, covenants or undertakings other than those expressly set forth herein. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver ofany subsequent default of the same or similar nature. 32. EFFECTIVE DATE This Agreement shall be effective on the date above first written if both parties sign on the same date; otherwise, it shall become effective upon the signing by the last party to do so. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. . This Agreement is executed in duplicate, and in counterparts. HUSBAND and WIFE acknowledge the receipt of a duly executed copy hereof. Witness Brandon D. Mitche v _ fitness 13e o. Mitchem 11 ACKNOWLEDGEMENTS STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS r? On this 3A day of 4 t-,4-1+' , 2000, before me a Notary Public, the undersigned officer, personally appeared BRANDON D. MITCHEM, knownto 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 purposes therein contained. WITNESS my hand and official seal, the day and year aforesaid. erv /I ""'& Notary Public =NAO'TNAYRY STATE OF PENNSYLVANIA RICHARDLC NEWYILLE BY SS MYCOMMCOUNTY OF CUMBERLAND On this 3 day o f A ` r S l , 2000, before me a Notary Public, the undersigned officer, personally appeared BETTY A. MITCHEM, 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 purposes therein contained. WITNESS my hand and official seal, the day and year aforesaid. Notary Public ?- NOTARIAL SEAL RICHARD L. WEBBER, JR., NOTARY PUBLIC 12 NEWVILLEBORO.,CUMRRLAND000NTY MYCOMMI ION PRE MAY 200 ? c' Q1 y 1 I?J? ? r lVj ._7 r? iL. 1 ' - ?.' ;.'i N a F M ' 0 C 6,? < S 6.Z z<W z r. N < W O K i a?i5 z uw? oooy d 0,p U Z )'n P I S?Ya pry m n mn i BETTY A. MITCHEM, Plaintiff Vs. BRANDON D. MITCHEM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5547 CIVIL IN DIVORCE TO: Jane M. Alexander Richard L. Webber, Jr. Attorney for Plaintiff Attorney for Defendant DATE: Monday, June 26, 2000 CERTIFICATION / I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 7 6 /oc - /C-?? DATE COUNSEL FOR PLAINTI ( ) COUNSEL FOR DEFENDANT ( ? ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ;1s. BETTY A. MITCHEM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5597 CIVIL BRANDON D. MITCHEM, Defendant IN DIVORCE TO: Jane M. Alexander Richard L. Webber, Jr. Attorney for Plaintiff Attorney for Defendant DATE: Monday, June 26, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taker, to complete discovery. AT NSEL FOR P INTIF V<) UNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ATT?O/R N EY AT 148 SOUTH BALTIMORE STREET P. O. BOX 421 DILLSBURG, PENNSYLVANIA 17019.0421 (717) 432-4514 FAX (717) 502 -1087 August 23, 2000 E. Robert Elicker, II, Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Betty A. Mitchem vs. Brandon D. Mitchem No. 99-5547 Civil Dear Mr. Elicker: The parties, with their respective counsel, met in my office on July 27, 2000. An agreement was reached as to all pending issues. Attorney Webber prepared a draft of the marriage settlement agreement which has been forwarded to both clients for review. I have prepared the affidavits of consent and waivers. I believe it is fair to assume that this case will be resolved on or before September S, 2000. JMA/na cc: Betty A. Mitchem Richard L. Webber, Jr., Esquire N - I Uf? LAW OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICHAEL J. HANI I GREGOIIY H. Kmc IT RICHARD L. WEnuEIi, JIC. August 25, 2000 E. Robert Elicker, 11, Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 RE: Mitchem v. Mitchem - 99-5547 Civil - In Divorce Our File No. 1595.1 Dear Mr. Elicker: This letter is in response to your letter dated August 21, 2000. The parties and their counsel met in late July. 1 recently prepared a draft of a proposed Marital Settlement Agreement that would resolve all of the issues between the parties. I forwarded the same to Jane Alexander earlier this week. In short, we are optimistic that the matters can be resolved between the parties. Either Jane or I will contact you in the near future to let you know the status of the negotiations. Sincerely, Richard L. Webber, Jr. RLW,JR/tew cc: Jane M. Alexander, Esquire Brandon D. Mitchem F \Vur FddeNFirm Ix<IK?mllrlnp? I in?.lere I Irld 19 111WOKWnun Av[NUl Sulu 106 CAMIvI1. Pn 170139142 717.249.5373 IAx 717.149.0.157 WWW.IIANI IIAW111W.r11M BETTY A. MITCHEM, Plaintiff VS. BRANDON D. MITCHEM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: NO. 99 - 5547 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this (Q day of 2000, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 30, 2000, 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, cc: Jane M. Alexander Attorney for Plaintiff Richard L. Webber, Jr. Attorney for Defendant Ge r . H f r, J. 00s C ° .,' . f 1 ;.n- : I i ? - ?i..?.,.., ... ..-. i 6 L E MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ?O day of I L , 2000, by and between BRANDON D. MITCHEM, hereinafter referred to as "HUSBAND", and BETTY A. MITCHEM, hereinafter referred to as "WIFE". , WHEREAS, the parties hereto were married on May 3, 1997; and WHEREAS, diverse unhappy differences, disputes, and difficulties have arisen between the parties' , and it is therefore their intention to live separate and apart for the rest of their lives and.to settle fully and finally their financial and property rights and obligations between each other; and' :. i WHEREAS, the parties have one child, Antonia Elizabeth Mitchem born May 17,1997; and WHEREAS, WIFE instituted a divorce action filed to docket number 99-5547 of the Court of Common Pleas of Cumberland County, Pennsylvania. . NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement in their legal effect have been fully explained to the parties by the respective counsel, Richard L. Webber, Jr., Esquire, for HUSBAND and Jane M. Alexander, Esquire, for WIFE. The parties acknowledge that each has received independent legal advice from counsel of their selection and they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further confine that each is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. 2. PURPOSES The purposes ofThis Agreement are to effect a complete and final settlement, between the parties as to their property rights and obligations to support each other. 3. WARRANTY OF FULL DISCLOSURE Each party represents that he or she had an opportunity to obtain from the other party information concerning the extent and value of all marital and nonmarital assets, as defined by the Pennsylvania Divorce Code. The parties also acknowledge that they have each had an opportunity to value or have appraised any and all property. 4. NO INTERFERENCE It is, and shall be lawful for the parties hereto at all times to live separate and apart from each other and to reside from time to time as such place or places as each of such parties may see fit and to contract, carry on and engage in any employment, business, or trade, which either may deem fit, free from control, restraint, or interference, direct or indirect, by the other in all respects as if such parties were sole and unmarried. Neither partyshall in any way molest, disturb, or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other associate, cohabit, or dwell with him or her by any action or proceeding for restoration on conjugal rights or by any means whatsoever. 5. BANK ACCOUNTS The parties acknowledge and agree that all money has been divided by the parties satisfactorily and neither party shall make any claim to any such account or money currently in the possession of the other. 6. HOUSEHOLD AND PERSONAL PROPERTY 2 HUSBAND and WIFE have previously agreed upon distribution ofall items of personal property. WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND, and HUSBAND agrees that all property in possession of WIFE shall be the sole and separate property of WIFE. Each of the parties does hereby specifically waive, release and renounce any further claims with respect to the above items. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in any personal property front each to the other. 7. AUTOMOBILES WIFE shall retain the 1993 Geo Tracker. HUSBAND shall retain the 1990 Buick LeSabre. The parties shall fully cooperate in signing any automobile transfer and registration forms and insurance forms so that the above distribution can be finalized. The parties acknowledge that, subsequent to the date of separation, WIFE, made payments on loan encumbering the 1993 GEO Tracker. WIFE shall not be entitled to any reimbursement and/or contribution front HUSBAND with respect to those payments. There are no other vehicles owned by eitherparty that are considered "marital property". 8. PENSION, RETIREMENT AND OTHER EMPLOYEE BENEFITS HUSBAND and WIFE do hereby waive anyand all rights that each has with respect to the other and any other employee benefits, parties pension, retirement, and IRA accounts. 9. MARITAL DEBTS AND REPAYMENT The parties acknowledge that the following constitute "marital debt" as defined by the divorce code: (A) Loan from HUSBAND'S parents, Kim Miller and Sue Miller, in the original amount of approximately $11,500.00; ri (B) Lot rent for the mobile home from September 19, 1999 to January, 2000. The parties further acknowledge that HUSBAND is entitled to reimbursement for payments that he made on parent's loan totaling $3,963.60 and (b) payments made by HUSBAND for lot rent totaling $1,535.00. WIFE shall pay one-half of all future monthly payments of parents' loan, commencing August 8, 2000, by issuing a check in the amount of $165.15 each month, payable the to the bank and given to HUSBAND. HUSBAND shall contribute the same amount each month and shall be responsible for forwarding the payments to the bank. If parents' loan is paid in full in advance of the maturity date, whether by refinancing or otherwise, WIFE shall continue making the same payments, payable to HUSBAND, as if the loan were still owing to the bank. When WIFE has fulfilled her obligations for the parents' loan, WIFE shall continue to make the same amount of monthly payment, payable to HUSBAND, to reimburse him one-half of the payments made by him towards marital debt. The total amount that WIFE shall reimburse HUSBAND is $2,643.55, calculated as follows: A. One-half of payments previously made by $1,981.80 HUSBAND on parents' loan (total $3,963.60) B. One-half of payments previously made by + 787.50 HUSBAND for lot rent (total $1,535.00) $2,749.30 Less one-half of divorce costs paid by - 105.75 WIFE (total $211.50) $2,643.55 HUSBAND hereby waives any right that he may have to recover any monies for items charged on his Sears charge card. The parties agree that as of the signing of this Agreement, they do not possess anyjoint credit cards, and each will take the necessary steps to cancel any credit card accounts which presently exist in joint names, if any. Unless otherwise provided herein, each party assumes the debts, encumbrances, taxes and liens on all assets each will hold subsequent to the date of this Agreement. Each party shall indemnify and hold the other party harmless any debts assumed. 4 10. DEBTS AND OBLIGATIONS SUBSEQUENT TO SEPARATION WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contractor 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. HUSBAND represents and warrants to WIFE that, since the separation 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 debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. 11. LIABILITY NOT LISTED Each party represents and warrants to the other that lie or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each partyagrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts. obligations and liabilities. 12. SUPPORT, ALIMONY PENDENTE, LITE, ALIMONY Each party does hereby waive any and all rights that each has with respect to alimony pendente lite and alimony. Spousal support and child support has been addressed by PACSES Case Number 984101441 of the Perry County Court of Common Pleas. 13. CUSTODY The specific provisions for custody of the panics child, ANTONIA ELIZABETH MITCHEM, DOB 5/17/94, shall be governed by a separate custody case docketed to Case #99-5547 of the Cumberland County Court of Common Pleas. 14. ATTORNEY FEES, COURT COSTS HUSBAND shall reimburse WIFE one-half of the cost of her filing fees, service costs and notary fees. The total of those fees was $211.50. HUSBAND'S payment to WIFE shall be in the forth of an offset of monies owed to him pursuant to Paragraph 9 above. Each party shall be responsible for any other attorney fees or costs that he or she incurs. HUSBAND and WIFE to hereby waive any and all rights to recover such expenses from the other party. 15. INSURANCE All current and/or future life insurance policies on either party may be changed and/or amended to delete the other party as beneficiary thereof and each party shall be solely liable for premiums on his or her own policies. 16. EQUITABLE DISTRIBUTION This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way sale or exchange of assets. Each party hereby acknowledges that this Agreement adequately provides for his or her needs, that it is in his or her best interest, that the parties have divided their marital property in a manner which conforms to the criteria set forth in Sections 3501 and 3502 of the Divorce Code, and that the Agreement is not the result of any fraud or any undue influence exercised by either party upon the other or by any other person or persons upon either party. BOTH PARTIES HEREBY WAIVE THE FOLLOWING PROCEDURAL RIGHTS: A. The right to obtain an inventory and appraisement ofall of the marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. ::..: C. The right to have 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. D. The right to have the court decide any other rights, remedies, privileges or obligations covered by this Agreement, including but not limited possible claims for divorce, spousal support, alimony pendente lite, and counsel fees, costs and expenses. 17. MUTUAL RELEASE HUSBAND and WIFE do hereby mutually REMISE, RELEASE, QUIT CLAIM AND FOREVER DISCHARGE the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption 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 or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with 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 thereof. 18. MUTUAL COOPERATION HUSBAND and WIFE shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to the signing of any documents that may be reasonably necessary to give full force and effect to the provisions of this Agreement. 19. TAX CONSEQUENCES By this agreement, the parties have intended to effectuate and by this agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right andjust standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 20. TAX RETURNS AND AUDITS HUSBAND and WIFE represent that all federal, state and local tax returns required to be filed by HUSBAND and WIFE have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. HUSBAND and WIFE further represent there are no tax deficiencies proposed or assessed against HUSBAND and/or WIFE forsuch periods, and neither HUSBAND nor WIFE executed any. waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. If it is later determined that the parties are liable for additional taxes for a tax year in which they filed jointly, the parties shall be equally responsible for the amount owed. 21. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 22. BANKRUPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafteras to any duties, covenants and obligations accruing or to be performed thereafter. 23. AGREEMENT BINDING ON HEIRS This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 24. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT The Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to efPec: a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party underwaist into this Agreement, and the terns of this Paragraph freely, voluntarily and with full knowledge and understanding. This Agreement is not predicated on divorce, and is not made subject to any agreement for the prosecution or non-prosection of a divorce action. 25. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 26. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and cost incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 27. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. ENTRY AS PART OF DECREE it is the intention of the parties that this Agreement shall survive any action for divorce which was instituted or prosecuted by WIFE and no order, judgment or decree of divorce, temporary, inter- locutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or decree of final divorce. 30. SUBSEQUENT DIVORCE The parties acknowledge that WIFE instituted an action for divorce under Section 3301(c) of the Pennsylvania Divorce Code. WIFE agrees to pursue without ` delay preparing and executing the necessary documents to file for the entry of a Final r.7 10 Decree under Section 3301(c). HUSBAND consents to the entry of said Decree and will execute and deliver to WIFE'S attorney any and all other instruments necessary to accomplish the entry of said Decree. The parties acknowledge that the marriage is irretrievably broken. 31. 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. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 32. EFFECTIVE DATE This Agreement shall be effective on the date above first written if both parties sign on the same date; otherwise, it shall become effective upon the signing by the last party to do so. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. HUSBAND and WIFE acknowledge the receipt of a duly executed copy hereof. 9 % --D Witness Brandon D. Mitche fitness Be . Mitchenl /AV ACKNOWLEDGEMENTS STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this i&21 day of??- 14 , 2000, before me a Notary Public, the undersigned officer, personally appeared BRANDON D. MITCHEM, 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 purposes therein contained. WITNESS my hand and official seat, the day and year aforesaid. Notary Public NOTARIALSEAI RICI IARD L. WEBBER, JR., NOTARY PUBLIC STATE OF PENNSYLVANIA NEWVILLEBORO.,CUMBERLAND COUNTY , : SS MY COMMISSION EXPIRES MAY6 20 COUNTY OF CUMBERLAND On this 30 day of A ?, S l , 2000, before me a Notary Public, the undersigned officer, personally appeared BETTY A. MITCHEM, 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 purposes therein contained. WITNESS my hand and official seal, the day and year aforesaid. 4'-\ j- /-? '?? I Notary Public NOIARIALSFAL RICHARD L. WEBBER, JR., NOTARYPUBUC NEWVILLE BORO., CUMBERLAND COUNTY 12 MY COMMISSION EXPIRES MAY 62002 IN THE COURT OF COMMON PLEAS OF CLWERLAND COUNTY, PENNSYLVANIA DTni ni-i ff Plaintiff Vs. BRANDON D. MITCHEM a master N0, 99-5547 19 h respect to the following claims: moves the court to appoint ( X) Divorce (X ) Distribution of Property ( ) Annulment ( ) Swiport ( ) Alimony ( ) Cc:nsel Fees ( ) Alimony ?endente Lite ( ) Co ts and Expenses and in supp)rt of the motion states: (1) Discovery is complete as to the clai:s(s) for which the appointment of a master is requested. (2) The defendant (has) § *gg) appear A in the action (personally) (by his att)rney, pir•hard T._ Wnhhpr, Jr_ 'Esquire). (3) The statutory ground(s) for divorce (is) ftR&NhC 3301(cl (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached w_.th respect to the following claims: Nnnp (c) The action is contested with rearoect to the following claims:_ ecuitable distribution (5) The action (jRvndw=) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 4 (hours) 6dee k . (7) Additional information, if any. relevant to :.he motion: Plaintiff's attorney of record is Jane M. Alexander, Esquire Date: ? ) I yl ou Attorney for fcVWaRj':i6 (Defendant) AND NC W niaLt U is appointed star with res 00 ,?, . :. ..il ?() F C4 `? ,- .. ('i?: 4.. 1%1 ? l _ ? J i/? ,.. h .IL .. 1:. _ _. L: :1 J ?- il;l ='] r'7 _? ? U "'??i :.t. a? i a:??F .,, ?? r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY A. MITCHEM Plaintiff w. BRANDON 0. MITCHEM Defendant CIVIL ACTION - LAW NO. ggee ??/// 1 CIVIL IN DIVORCEE STATUS SHEET 19 DATE: 6%,uD ACTIVITIES: Z5 Td? TR A'00 4/V;2 La rw uw -_: -1 1 c ' 3e I ?- AZA cz. `4W44 BETTY A. MITCHEM, Plaintiff VS. BRANDON D. MITCHEM, Defendant TO: Jane M. Alexander Richard L. Webber, Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5597 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Monday, June 26, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. e ti (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA i7013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter August 21, 2000 West Shore 697-0371 Ext. 6535 Jane M. Alexander Richard L. Webber, Jr., Esqurie Attorney at Law 19 Brookwood Avenue 148 South Baltimore Street Suite 106 P.O. Box 421 Carlisle, PA 17013 Dillsburg, PA 17019-0421 RE: Betty A. Mitchem vs. Brandon D. Mitchem No. 99 - 5547 Civil In Divorce Dear Ms. Alexander and Mr. Webber: Both counsel have indicated that discovery is complete by returning the certification document. A divorce complaint was filed on September 10, 1999, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The complaint did not raise any economic claims. Mr. Webber requested the Prothonotary enter a rule on the Plaintiff to file a Bill of Particulars. The rule was issued September 30, 1999. A Bill of Particulars was filed on November 3, 1999. Inasmuch as no economic claims have been raised, but apparently there is an issue with regard to indignities, please advise as to how counsel wish me to proceed. My first inclination is to schedule a hearing on indignities, but I would like to know when the parties will have been separated for two years so we can consider the advisability of proceeding under Section 3301(d) of the Domestic Relations Code. I will await a response from counsel which hopefully will be within Ms. Alexander and Mr. Webber, Attorneys at Law 21 August 2000 Pan 2 the next two weeks so we can determine how to go forward. Very truly yours, E. Robert Elicker, II Divorce Master BETTY A. MITCHEM IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PA vs NO: 99-5547 CIVIL TERM BRANDON D. MITCHEM CIVIL ACTION - LAW DEFENDANT IN DIVORCE AND CUSTODY PLAINTIFF'S BILL OF PARTICULARS AND NOW, this a day of November, 1999, comes the Plaintiff, BETTY A. MITCHEM, by her attorney, Jane M. Alexander, Esquire, and files this Bill of Particulars in support of her Complaint in Divorce and Custody filed September 15, 1999. 1. Parties had lived together approximately six (6) months before Antonia was born on May 17, 1997. They were married May 3, 1997. 2. The year after Antonia was born the couple managed rather well but in May 1998 they began having difficulties in their relationship. 3. The Defendant had no time for family. He was always working or was out with friends. He did not want to assist in care of the child or when he did, he forgot to give her medicine or do other things necessary for her health and well being. 4. After they returned from vacation in June 1998 the relationship really worsened. Defendant insisted Plaintiff get a job, then when she was employed he frequently called demanding Plaintiff return home because he did not want to care for the child. 5. Defendant was consistently critical of Plaintiff as to how she managed the house, cared for the child. 6. Defendant began to make threats to inflict abuse on Plaintiff without cause or justification. And although Defendant never followed through on his threats, Plaintiff was frequently upset and fearful. 7. Positive verbal communication between the parties ceased so that the last month they lived together (August 1999) Defendant seldom spoke to Plaintiff. 8. Defendant did not assist in any work around the house so that Plaintiff not only maintained the household work but also had to mow the grass and do the outside work. 9. Defendant showed no affection to the Plaintiff during the summer of 1999 and they ceased sleeping together in July 1999. 10. Defendant belittled Plaintiff by "talking down to her", used insulting words to her, called her "stupid" in front of friends and family. 11. During the last several months they lived together his abusive behavior became more frequent and on numerous occasions he told Plaintiff to get out, to just leave. 12. On August 27, 1999 he was angry, he was particularly nasty and forcefully told Plaintiff to get out. 13. On August 28, 1999 Plaintiff left the marital residence and took the child with her. 14. Defendant, during the last months the parties lived together, spent little time with the child and expected Plaintiff to provide care and supervision of the child. Respectfully Submitted, she M. Al %ander,"Esquire ttorney or the Plaintiff I.D. No: 7355 148 South Baltimore Street Dillsburg, PA 17019 (717) 432-4514 i verify that the statements made in this Bill of Particulars are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE 1 \ X ).Jr Betty A. Citchem j., ( LL 1 a w z W E 0 a? z z a z er W z EE 04 O 0 j 1 0 N I U a11U S x O EvR ' o 1 1 ° m H ° m U zz H IC H4 H E y0 0 L) z w ut ° wa n j% WRC i O 4 z HD HU E rH z HE 9 H < 4 a H 0 U Z H 1 m 1 pla BRANDON D.IMITCHEM, Defendant/Petitioner V. BETTY A. MITCHEM, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5547 CIVIL TERM IN DIVORCE AND NOW, this eday of 0t1? 1999, the Defendant having requested counseling pursuant to Section 3302 of the Divorce Code, it is ORDERED AND DIRECTED that both the Plaintiff and the Defendant participate in three (3) counseling sessions within 90 days of the date of this Order. At least one (1) counseling session shall be before a qualified professional who shall report to the Court whether or not the parties did appear for the session or sessions. It is further directed that a list of qualified professionals be submitted to the parties together with a copy of this Order, but the parties are not required to choose a qualified professional from the list. It is further directed that all proceedings in this action are stayed until the report is received by the Court from the qualified professional. BY THE Richard L. Webber, Jr., Esq., Attorney for Defendant/Petitioner jtn4 /C•?-y9 't7?K J Jane M. Alexander, Esq. Attorney for Plaintiff/Respondent C'? (;f T -ii hil Gi i G rci?l\511_. . BRANDON A MITCHEM, Defendant/Petitioner V. BETTY A. MITCHEM, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 99-5547 CIVIL TERM IN DIVORCE AND NOW COMES the Defendant, Brandon D. Mitchem, by his attorney, Richard L. Webber, Jr., and requests that the Court require counseling pursuant to Section 3302(a) and (b) of the Pennsylvania Divorce Code, averring the following: 1. Defendant/Petitioner is Brandon D. Mitchem, an adult individual residing at 110 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Plaintiff/Respondent is Betty A. Mitchem, an adult individual residing at 5920 Spring Road, Lot 14, Shermansdale, Perry County, Pennsylvania, 17090. 3. The parties separated on or about August 20, 1999, when Plaintiff/Respondent left the marital residence. 4. On or about September 15, 1999, Plaintiff/Respondent filed a Complaint in Divorce alleging indignities against Defendant/Petitioner as well as an irretrievable breakdown of the marriage. 5. Defendant/Petitioner denies that he has committed indignities; furthermore, he believes the marriage is not irretrievably broken. 6. The parties are the natural parents of Antonia Elizabeth Mitchem, age 2 (DOB 5/17/97). 7. Defendant/Petitioner desires marital counseling in the hopes of effectuating a reconciliation. WHEREFORE, Petitioner requests this Honorable Court enter an Order requiring Plaintiff and Defendant to participate in three (3) counseling sessions within 90 days, at least one (1) before a qualified professional. Dated: 9 t3 014f Respectfully submitted, Richard L. Webber, Jr. Attorney for Defendant/Petitioner 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 Telephone: (717) 776-6566 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. Section 4904, relating to unworn falsification to authorities. Date: 3U J99 r Gjn" 7 BRANDON D, MITCHEM, Defendant/Petitioner 2 ?• l ?'_ . ._. ? i` ` Y; - i - ?;, ,_. ; :=, _;; ?_ ,_ c: c a ?? ' ?; n. i v. ?? BETTY A. MITCHEM, PLAINTIFF V. BRANDON D. MITCHEM, DEFENDANT : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-5547 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE FOR RULE TO FILE BILL OF PARTICULARS TO THE PROTHONOTARY: Please enter a rule on Plaintiff to file a Bill of Particulars within 20 days after service of the Rule, or suffer a judgment of non pros. Date: OoAg Richard L. Webber, Jr. Attorney for Defendant 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 BALE AND NOW, this 30 day of I 4r, R 1999, a Rule is entered on the Plaintiff as above. l Pr h otary r C) r r 3 LI ` kc ( :?.r ? J i7 1 u? . J 4-?i:.. ?- .. .T. G. ` LLI U C BETTY A. MITCHEM, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-5547 BRANDON D. MITCHEM, DEFENDANT, IN CUSTODY ORDER OF COURT AND NOW, this 14th day of December, 1999, the Conciliator, having received no request from counsel for either party to reschedule the Custody Conciliation Conference originally set for November 10, 1999, hereby relinquishes jurisdiction in this matter. FOR THE COURT, Dawn S. ati?sunday, Esquire Custody Conciliator Cl) L? ti= G LU C-5 _. LY 1. is Ll LI t ?_.. r_ C. BRANDON D. MITCHEM, Defendant/Petitioner V. BETTY A. MITCHEM, Plaintiff/Respondent TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 99-5547 CIVIL TERM IN DIVORCE Please discontinue and withdraw Defendant/Petitioner's Petition Requesting Marriage Counseling. Dated: I / `//8w Richard L. Webber, Jr. Attorney for Defendant/Petitioner 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 Telephone: (717) 776-6566 „?' .. BRANDON D. MITCHEM IN'rHF. COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETTY A. MITCHEM 1999-5547 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OR COURT AND NOW, this 22nd day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. _,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 30th day of August , 2000, at3:00 PM 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. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. U` 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 HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? as ,a? ?e? ?? ??.? ? ? ?:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDON D. MITCHEM, Plaintiff V. CIVIL ACTION - LAW IN CUSTODY BETTY A. MITCHEM, NO. 99-5547 Defendant ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before the Conciliator, at on the day of 2000 at in., 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 TemporaryOrder. All children age five or older shalUmay also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDON D. MITCHEM, Plaintiff CIVIL ACTION - LAW V. IN CUSTODY BETTY A. MITCHEM, NO. 99-5547 Defendant COMPLAINT FOR SHARED CUSTODY AND NOW, this 16th day of June, 2000, comes Plaintiff, Brandon D. Mitchem, by and through his attorney, Richard L. Webber, Jr., Esquire, and files the following Complaint for Shared Custody in support thereof avers as follows: 1. The Plaintiff is Brandon D.Mitchem,anadultindividual residing at 110 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is Betty A. Mitchem, an adult individual residing at 5920 Spring Road, Lot 14, Shermansdale, Perry County, Pennsylvania. 3. The Plaintiff seeks an Order of Court establishing shared legal custody and primary physical custody of the following child: Name Present Residence Age Antonia E. Mitchem 5920 Spring Road, Lot 14 Shermansdale, PA 17090 and 110 South Ridge Road Boiling Springs, PA 17007 The child was not born out of wedlock. 2 years (DOB 5/17/97) The parties presently share physical and legal custody of the child. 4. In addition to the child's present address, since birth, the child has resided with either Plaintiff or Defendant at the following addresses: Name Address Dates Betty A. Mitchem 5920 Spring Road, Lot 14 August 27, 1999 to and Shermansdale, PA 17090 present Brandon D. 110 South Ridge Road Mitchem Boiling Springs, PA 17007 Brandon D. 155 Salem Church Road, Lot 40 DOB to 8/27/99 Mitchem and Mechanicsburg, PA 17055 Betty A. Mitchem The mother of the child is the Defendant, who resides at 5920 Spring Road, Lot 14, Shermansdale, Perry County, PA, with her brother, Herman Garman. The father of the child is Plaintiff, who resides at 110 South Ridge Road, Boiling Springs, PA, with his mother, Sue Miller and his stepfather, Kim Miller. 5. Plaintiff has participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. A copy of a Court Order establishing a conciliation conference is attached hereto and labeled as Exhibit 1. The matter was continued and then not pursued by either party. The Plaintiff has no information of a custody proceeding conceming the custody of the child in this or any other court. y The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Plaintiff seeks an Order of Court for shared legal and primary physical custody. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) Plaintiff has exercised shared physical and legal custody of the child since the separation of the parties; b) Plaintiff provides the child with a better home environment and with adequate moral, emotional and physical surroundings as required to meet the child's needs; C) Plaintiff is, and has always been, willing to accept custody of the child; and d) Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant Plaintiff shared legal custody and primary physical custody of Antonia Elizabeth Mitchem. Respectfully submitted, Richard L. Webber, Jr., Esquire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff 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.A. Section 4904, relating to unswom falsification to authorities. n _ 6y2 / C Date: (0 on Brandon D. Mitchem Plaintiff e y. '4f sl:?'' SEP-17-1999 1051 P.01i01 II SEP 14 BETTY A. MITCHEM, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. vs. NO. 9 4 - 55y 7 BRANDON D. MITCHEM, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this _ LPL day of ,?? ?//,?? consideration of the attached complaint, it is is HHer'?ebrected that the parties and their upon respective counsel appear before; conciliator, at ? A the the day of _ on ---- 19 , at ,Q_ e` 2 ?.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is subject of this custody action to the conference, but the child's/childreo's attendance is not mandatory. Failure to appear at the conference may provide gtountt%for yltry o1' a temporary or permanent order. •.o rr FOR THE COURT, 4> (7, By: s/ :;+ Custody Conciliator (t /'4r YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 11; YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. 00 TO OR TCLEPHONE THE, OFFICE SET FORT11 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240.62W EXHIBIT TOTAL P.01 1;J U- s,• .- Ci c? CJ U N ? F „ P O O Z?n3 J ? - O ?c ,6?r rv W y? j n V } Z ? fWL Z ? yQ ?. O n a* N m? P ? 0 . BRANDON D. MITCHEM, Plaintiff Va. BETTY A. MITCHEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5547 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF OCEW AMID NOW, this IS* day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will beat serve the interest of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information concerning either the parties or the Child. The Father shall be responsible for 708 and the Mother shall be responsible for 308 of all costs of the evaluation which are not reimbursed by insurance coverage. 2. The Father, Brandon D. Mitchem, and the Mother, Betty A. Mitcham, shall have shared legal custody of Antonia E. Mitchen, born May 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. Pending further order of Court or agreement of the parties, the parties shall continue to share having physical custody of the Child on an approximately equal basis with each party's periods of custody to be scheduled by agreement to maximize that party's time with the Child while not working. 4. Within 60 days of receipt by the parties of the evaluator's recommendations, and in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements for the Child,, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY TH COURT J. cc: Richard L. Webber, Jr., Esquire - Counsel for Mother \? q•/3-&I Jane M. Alexander, Esquire - Counsel for Father / f? / , BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-5547 CIVIL TERM BETTY A. MITCHEM, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WM CUMBERLAND COUNTY RULE OF CIVIL PROfEDEIRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF HIM CURRENTLY IN CUSTODY OF Antonia E. Mitcham May 17, 1997 Mother/Father 2. A Conciliation Conference was held on August 30, 2000, with the following individuals in attendance: The Father, Brandon D. Mitcham, with his counsel, Richard L. Webber, Jr., Esquire, and the Mother, Betty A. Mitcham, with her counsel, Jane M. Alexander, Esquire. 3. The parties agreed to entry of an Order in the form as attached. &Azhn 7, /;?Oyn CSG?iunt ear[ Date Dawn S. Sunday, Esquire Custody Conciliator ?:? ? i? ?' ??? ... ?.• Cl'i J?I?( L ` .y 41 w 44 E+ a £ F+ ? c po (y ? '?y Y' i P 1 1 2000 AS OF of/a,e CASE#. qq - 55 47 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. BRANDON D. MITCHEM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 1999-5547 Civil Term BETTY ANN MITCHEM CUSTODY MODIFICATION Defendant CUSTODY COMPLAINT 1. Plaintiff is Brandon D. Mitchem, who currently resides at 218 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Betty Ann Mitchem, who lives at 5920 Spring Road, Lot 12, Shermansdale, Perry County, Pennsylvania 17090 3. Plaintiff is the father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Antonia E. Mitchem 5/17/97(9) 5920 Spring Road Lot 12 Shermansdale, PA 17090 Mother and Father married in 1997. A divorce was final in 2000. During the past six years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES Betty Ann Mitchem Salem Acres Trailer Park, Mechanicsburg, Cumberland County, And Pennsylvania William Long (boyfriend) Betty Ann Mitchem 5920 Spring Road, Unknown Lot, Shermansdale, Perry County, And Pennsylvania Herman Garman (brother) Betty Ann Mitchem New Bloomfield, Perry County, And Pennsylvania Kenneth Smith (boyfriend) Betty Ann Mitchem 60 Fox Hollow Road, Shermansdale, Perry County, And Pennsylvania Kenneth Smith (boyfriend/father of Ridge) And Ridge J. Smith (minor child) Betty Ann Mitchem 5920 Spring Road, Lot 12, Shermansdale, Perry County, And Pennsylvania Ridge J. Smith (minor child) Brandon D. Mitchem 110 South Ridge, Boiling Springs, Cumberland County, And Pennsylvania Kim and Sue Miller (parents/grandparents) Brandon D. Mitchem 218 West Simpson Street, Mechanicsburg, Cumberland County, And Pennsylvania Jennifer L. Mitchem (Morrow) (girlfriend/wife/mother of Alexandra and Brandon, Jr.) And Alexandra E. Mitchem (minor child) And Brandon D. Mitchem, Jr. (minor child) The mother of the child is Betty Ann Mitchem. She currently resides at 5920 Spring Road, Lot 12, Shermansdale, Perry County, Pennsylvania 17090. The father of the child is Brandon D. Mitchem. He currently resides at 218 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is married to Jennifer L. Mitchem. 4. The relationship of the plaintiff to the child is that of Father. The Plaintiff currently resides with his wife, Jennifer L. Mitchem, children, Alexandra E. Mitchem and Brandon D. Mitchem, Jr. 5. The relationship of the defendant to the child is Mother. The persons that the Defendant currently resides with are the child, Antonia E. Mitchem and another child, Ridge J. Smith. 6. Plaintiff has attempted in prior custody arrangements at which the defendant was not willing to comply. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody with respects to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief request because: The parties divorced in 2000. Father is requesting a custodv order that would give him regular periods of partial custody and equal participation in changes that occur in the child's daily life It would be in the best interest of the child for the father to maintain regular and constant contact with his daughter. 8. Each parent whose parental rights to the child have not been terminated and the parents have shared custody since the divorce in 2000 and have been named as parties in this action. Wherefore, Plaintiff requests the court to enter a custody order regarding the child. Date: Re ectfll submitted u .1 1AVAA randon D. Mitche Plaintiff VERIFICATION I verify that the statements made in the Custody complaint are true and correct. understand that false statements herin are made subject to the penalties of 18 Pa.C.C. 4904 relating to unsworn falsification to authorities Date: IMP, LIMITED ?7?459544g 4 X066 1 : 0g r1 1 • 10410/2006 14:03 5704595443 IMR LIMITED PAGE 33 BRANDON D. MITCHEM? Plaintiff vs. ` BETTY A. MITCHEMr - Defendant = IN THE ART OF COMMON PLEAS OP CUMBERLAM COUNTY, PENNSYLVANIA NO. 99-5547 CIVIL TERM CIVIL ACTICN - LAW Mw.Ili CUSTODY r -ii V W-W -J day of . 2000, upon AnD Nwr this k consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1„ The parties shall submit themselves, their Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recamnendations concerning ongoing custody arrangements which will best serve the interest of the child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information concerning either the parties or the Child. The Father shall be responsible for 70% and the Mother shall be responsible for 30% of all coats of the evaluation which are not reimbursed by insurance coverage. 2. The Father, Brandon D. Mitchem, and the Mother, Betty A. Mitchem, shall have shared legal custody of Antonia E. Mitchem, born may 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general weld,-being including, but not limited to, all decisions regarding her health, education and religion. 3. Pending further Order of Court or agreement of the parties, the parties shall continue to share having physical custody of the Child on an approximately equal basis with each party's periods of custody to be scheduled by agreement to maximize that party's time with the Child while not working. 4. Within 60 days of receipt by the parties of the evaluator's recommendations, and in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements for the Child,. counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY T CCXJR'C J. cc: Richard L. Webber, Jr., Esquire - Counsel for Mother Q, /3>v.? Jane M. Alexander, Esquire -- Counsel for Father ?°`?' L/k" , 10f•10/2006 14:03 5704595443 BRANDON D. MITCf3EM, Plaintiff Vs. BET'T'Y A. MITCHEM, Defendant IMR LIMITED PAGE 34 IN THE COURT OF COMWN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5547 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUST= OCN=IATICK SUMMM REpa W f IIi1 AC 1 W aLA?ID CaOum Rig or Give k"IGTD[aRL ` 1915.3-3, the undersigned custody Conciliator submits the following report: i 1. The pertinent info=mtion concerning the Child who is the subject of this litigation is as follows: ' IqAM DATE OF BIRTH aaRRENrLY IN C[ X Or Antonia E. Mitchem May 17, 1997 Mother/Father 2. A Conciliation Conference was held on August 30, 2000, with the following individuals in attendance: The Father, Brandon D. Mitchem, with his counsel, Richard L. Webber, Jr., Esquire, and the Mother, Betty A. Mitchem, with her counsel, Jane M. Alexander, Esquire. 3. The parties agreed to entry of an Order in the farm as attached. 7, A=o 16LA? Date 5 awn c+ ,und }•, r'- ,quire Custody Conciliator 'A1012006 14:03 5704595443 IMR LIMITED PAGE 35 b ?9. e c J? i t T t?t1 BRANDON D. MITCHEM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETTY ANN MITCHEM DEFENDANT 99-5547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, November 08, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 12, 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 hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. IV' 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 HAVE 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 17? Pll.i??i , pp -, • F,l. S 1 .C !"',f 6- O HE ]HI ?O 40-b-// to-g - // DEC 1 5 200fy? 1? BRANDON D. MITCHEM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-5547 CIVIL ACTION LAW BETTY ANN MITCHEM Defendant IN CUSTODY ORDER OF COURT K AND NOW, this I day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brandon D. Mitchem, and the Mother, Betty Ann Mitchem, shall have shared legal custody of Antonia E. Mitchem, born May 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. Summer school break: During the summer school break each year, beginning on the last day of school, the Child shall reside primarily with the Father with the Mother having custody on alternating weekends from Friday through Sunday. The summer school schedule shall end two full days, including three overnights, before the new school year starts so that the Child can re-adjust and make preparations for school at the Mother's residence. B. School: During the school year, beginning two full days prior to the first day of school, the Child shall reside primarily with the Mother, with the Father having custody of the Child on alternating weekends from Friday through Sunday. The Father shall be entitled to have custody of the Child on Mondays following the Mother's alternating weekends for three hours in the Perry County area. The Father shall ensure that the Child is returned to the Mother's residence by 8:00 p.m. and that the Child's homework is completed. 3. The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at noon through Christmas Day at 10:00 a.m. and Segment B, which shall run from Christmas Day at 10:00 a.m. through December 26 at a time to be arranged by agreement between the parties. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. The remaining holidays shall be shared as arranged by agreement between the parties. 4. The parties shall consult with each other in making any major significant changes to the Child's appearance. Neither party shall permit the Child to have additional body piercings or tattoos without the consent of the other parent. 5. In the event either party has to work during his or her weekend period of custody, that parent shall contact the other parent to offer the opportunity to provide care for the Child during the custodial parent's unavailability before contacting third-party caregivers. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Michael O. Palermo, Esquire - Counsel for Mother Brandon D. Mitchem - Father Edward E. Guido J. ?'.? ? r ?t -' ? 1? f '1 ?'? - •tiF'1 i?( t? i'i( ?t d ?! ??•'a i BRANDON D. MITCHEM Plaintiff vs. BETTY ANN MITCHEM Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Antonia E. Mitchem May 17, 1997 Mother/Father 2. A custody conciliation conference was held on December 13, 2006, with the following individuals in attendance: the Mother, Betty Ann Mitchem, with her counsel, Michael O. Palermo, Esquire, and the Father, Brandon D. Mitchem, who is not represented by counsel in this matter. 3. The conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-5547 CIVIL ACTION BETTY ANN MITCHEM, Defendant : IN CUSTODY PETITION TO CHANGE VENUE AND NOW, comes Petitioner, Betty Ann Mitchem, by and through her counsel, Michael 0. Palermo, Jr., Esquire, who files this Petition to Change Venue, and in support thereof avers as follows: 1. Petitioner is Betty Ann Mitchem, Mother and Defendant in the above captioned matter. 2. Respondent is Brandon D. Mitchem, Father and Plaintiff in the above captioned matter. 3. The minor child involved in this action is Antonia E. Mitchem, date of birth, May 17, 1991. 4. There was a conciliation held on the custody issues on December 13, 2006, whereby the attached Order was entered. 5. Petitioner, Betty Ann Mitchem wishes to relocate to Irwin, Pennsylvania because of a job opportunity. Petitioner and her finance will be getting married and looking to purchase a home once they have relocated. 6. Petitioner is willing to provide transportation halfway between Pittsburgh, Pennsylvania and Father/Respondent's residence in Mechanicsburg, Pennsylvania for Father's visitation. 7. The relocation would not adversely affect the best interests of the child but would rather improve the quality of her life and Petitioner believes under the circumstances, it would serve the child's best interest. 8. Petitioner's proposed move is not the result of any momentary or ill-advised whim; rather Petitioner has carefully considered the options that are realistically available to her and the minor child. WHEREFORE, your Petitioner respectfully requests that this Honorable Court schedule an evidentiary hearing on the matter. Date: Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, r., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant ?'.,. 1 i ,? 'r'a ` `?? , ,? F? "? ? ? kp ?' ? -: BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-5547 CIVIL ACTION BETTY ANN MITCHEM, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Betty Mitchem, Petitioner, do hereby certify that I this day served a copy of the Petition to Change Venue upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Nathan Wolf, Esquire WOLF & WOLf 10 West High Street Carlisle, PA 17013 Dated:-A44 -Ta -Z04Q- Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., ire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date. cA, etty itchem/Petitioner g C C= c y f??V??i ..5 •?I??? 1 `. tom: ?e? R BRANDON D. MITCHEM Plaintiff vs. BETTY ANN MITCHEM Defendant "l r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOVA this day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brandon D. Mitchem, and the Mother, Betty Ann Mitchem, shall have shared legal custody of Antonia E. Mitchem, born May 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. Summer school break: During the summer school break each year, beginning on the last day of school, the Child shall reside primarily with the Father with the Mother having custody on alternating weekends from Friday through Sunday. The summer school schedule shall end two full days, including three overnights, before the new school year starts so that the Child can re-adjust and make preparations for school at the Mother's residence. B. School: During the school year, beginning two full days prior to the first day of school, the Child shall reside primarily with the Mother, with the Father having custody of the Child on alternating weekends from Friday through Sunday. The Father shall be entitled to have custody of the Child on Mondays following the Mother's alternating weekends for three hours in the Perry County area. The Father shall ensure that the Child is returned to the Mother's residence by 8:00 p.m. and that the Child's homework is completed. 3. The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at noon through Christmas Day at 10:00 a.m. and Segment B, which shall run from Christmas Day at 10:00 a.m. through December 26 at a time to be arranged by agreement between the parties. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. The remaining holidays shall be shared as arranged by agreement between the parties. 4. The parties shall consult with each other in making any major significant changes to the Child's appearance. Neither party shall permit the Child to have additional body piercings or tattoos without the consent of the other parent. 5. In the event either party has to work during his or her weekend period of custody, that parent shall contact the other parent to offer the opportunity to provide care for the Child during the custodial parent's unavailability before contacting third-party caregivers. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edward E. Guido J. cc: Michael O. Palermo, Esquire - Counsel for Mother Brandon D. Mitchem - Father CADPY FROM t w safe ,ao so my r BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.1999-5547 CIVIL ACTION BETTY ANN MITCHEM, Defendant : IN CUSTODY AMENDMENT TO PET ITIONTO CHANGE VENUE AND NOW, comes Petitioner, Betty Ann Mitchem, by and through her counsel, Michael 0. Palermo, Jr., Esquire and amends her Petition to Change Venue as follows: 1. The date of birth for the minor child, Antonia E. Mitchem, should be, May 17, 1997 instead of May 17, 1991 as stated in the original Petition. 2. The Honorable Edgar B. Bayley was the issuing Judge in the above captioned custody matter and as a result of a conciliation conference entered the Custody Order as attached to the original Petition. 3. Nathan Wolf, Esquire has been contacted and is not in concurrence with said Petition. WHEREFORE, your petitioner respectfully requests that this Amendment be attached to the original Petition to Change Venue. Date: ??- Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., ire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner r BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-5547 CIVIL ACTION BETTY ANN MITCHEM, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Betty Mitchem, Petitioner, do hereby certify that I this day served a copy of the Amendment to Petition to Change Venue upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Nathan Wolf, Esquire WOLF & WOLf 10 West High Street Carlisle, PA 17013 Dated:-K" '?P? 2a? Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., Esquir 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner _-a NATHAN C. WOLF, ESQUIRE WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013-3307 (717) 241-4436 SUPREME COURT I.D. No. 87380 ATTORNEY FOR PLAINTIFF BRANDON D. MITCHEM, Plaintiff V. BETTY ANN MITCHEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1999 - 5547 CIVIL TERM : IN CUSTODY ANSWER TO PETITION TO CHANGE VENUE AND NEW MATTER - PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff, by his attorney, Nathan C. Wolf, Esquire, in answer to Defendant's Petition to Change Venue, filed with this Honorable Court on May 7, 2007: 1. The averments of fact contained in paragraph one of Defendant's petition are admitted. 2. The averments of fact contained in paragraph two of Defendant's petition are admitted. 3. The averments of fact contained in paragraph three of Defendant's petition are admitted as amended, see paragraph nine herein. 4. The averments of fact contained in paragraph four of Defendant's petition are admitted. 5. Petitioner is without sufficient information or knowledge to form a belief as to the truth of the averments of fact contained in paragraph five of Defendant's Petition. 6. Petitioner is without sufficient information or knowledge to form a belief as to the truth of the averments of fact contained in paragraph six of Defendant's Petition. 7. The averments of fact contained in paragraph seven of Defendant's petition are denied. Petitioner believes and therefore avers that if this child is permitted to reside with Mother, and relocate to Pittsburgh, the best interests and permanent welfare of the child would not be served, for reasons including the following: a. Antonia's contact and relationship with her Father would be tremendously altered and limited by the proposed change of venue. To diminish interaction and increase separation between child and Father would be contrary to the best interests of the child. b. Antonia's contact and relationships with her other family members and extended family would also be restricted and altered by the proposed change of venue. Antonia maintains relationships with her half-siblings which would also be impacted. Extended family on both Father and Mother's side reside largely in this area, and the relationships Antonia has with these would be affected. Ultimately, to remove Antonia from her greater family environment would be contrary to the best interests of the child. c. Antonia's education would be interrupted with the proposed change of venue during and following the proposed relocation. Personal relationships with friends at school would also be severed, hampering her social interactions, and therefore social development, which would be contrary to the best interests of the child. 8. The averments of fact contained in paragraph eight of Defendant's petition are denied. Petitioner believes and therefore avers that Mother's consideration of the proposed change of venue is flawed and incomplete. Mother has neglected to consider or mention in her petition the impact the proposed change of venue would have on Antonia's community stability, family environment, or social interaction. ANSWER TO AMENDMENT TO PETITION TO CHANGE VEN E AND NOW comes the Plaintiff, by his attorney, Nathan G Wolf, Esquire, in answer to Defendant's Amendment to Petition to Change Venue, filed with the court May 10, 2007 avers as follows: 9. The averments of fact contained in paragraph one of Defendant's amendment to the petition are admitted. 10. The averments of fact contained in paragraph two of Defendant's amendment to the petition are denied. The Honorable Judge Edward Guido was the issuing judge in this custody matter, and issued the Order dated December 18, 2006. 11. The averments of fact contained in paragraph three of Defendant's amendment to the petition are admitted. WHEREFORE, Plaintiff, Brandon D. Mitchem, respectfully prays that in consideration of the foregoing answer and the following petition for modification of custody, this Honorable Court enter an order dismissing Petition for Change of Venue filed by the Defendant on May 7, 2007 and amended petition filed May 10, 2007, or in the alternative, to direct the matter be listed for a conciliation conference, along with any additional relief that the Court may deem appropriate and just. NEW MATTER PETITION TO MODIFY CUSTODY 12. Plaintiff's responses in paragraphs one through eleven are hereby incorporated by reference as if set forth fully herein. 13. The parties are the natural parents of one minor child namely, Antonia E. Mitchem (born May 17, 1997, age 10). 14. Father and his immediate family all have a good relationship with the child and share a bond with her. 15. The parties are subject to this Court's custody Order dated December 18, 2006.. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A. 16. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 17. On or about April 7, 2007, Antonia made the statement that Mother was hitting and kicking her has a form of punishment. 18. On or about February 14, 2007, Antonia was injured by her male cousin with a shovel. Mother refused to obtain medical treatment for this injury, which took two months to heal. Antonia stated this was because Mother had struck her in the area of the injury because she had been talking back to Mother. 19. Father has concerns for Antonia's physical safety stemming from incidents such as those identified in preceding paragraphs. Father seeks to ensure her safety, and believes that the best means to do so would be for the child to be in his primary physical custody. 20. Mother has steadfastly refused to inform Father if Antonia will not be attending school when Mother is working. 21. As of May 10, 2007, Antonia has missed fourteen days of school for the 2006-07 school year. Only seven of these absences were excused, causing the school to send a letter to Mother in reference to this excessive number of absences. 22. Father seeks to ensure a more consistent educational attendance record than Mother is willing or able to provide, and believes that the best means to do so would be for the child to be in his primary physical custody. 23. Mother has purposefully sought relatively distant employment, and has already informed everyone in her family that she will be moving away to Pittsburgh with Antonia as soon as possible. 24. On May 4, 2007, Antonia was instructed by Mother to he about her whereabouts while Mother traveled to Pittsburgh to see her fiance. 25. Mother has made the statement that she would be willing to travel back from Pittsburgh at anytime if Antonia wishes to return. Father believes and therefore avers that Mother is unlikely to follow through with her voiced intention because currently and previously she has been unwilling to do the transport from her current home in Perry County, Pennsylvania. 26. Pursuant to the Order of Court, Antonia is to be spending every other Monday with Father. Since the issuance of that order, Mother has refused to allow this on the following days: April 2, 2007, April 16, 2007 and April 30, 2007. 27. Father believes that Mother seeks to alienate the child from the love and affection of Father with the proposed change of venue, along actions such as those mentioned in the previous paragraph. 28. Father believes and therefore avers that it would be in the best interests of the child for the Court to issue an order retaining shared legal custody to the parties, but granting primary physical custody of the child to Father and granting periods of partial physical custody to Mother on an alternating schedule. WHEREFORE, Plaintiff, Brandon D. Mitchem, respectfully prays that in consideration of the foregoing Petition to Modify Custody, this Honorable Court schedule a hearing in this matter, and enter a temporary order issuing primary physical custody to Father until such time as this hearing takes place, along with any other relief the Court may deem appropriate and just. Respectfully submitted, WOLF &'%OLF, Attorneys at Law May_, L, 2007 . WOLF, ESQUIRE for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I, the undersigned, do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this answer and motion are true and correct to the best of the knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. Section 4904, relating to unsworn falsification to aut' May, 2007 NATHAN C. WOLF, ESQUIRE WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013-3307 (717) 241-4436 SUPREME COURT I.D. No. 87380 ATTORNEY FOR PLAINTIFF BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETTY ANN MITCHEM, : NO. 1999 - 5547 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for defendant, do hereby certify that this date, I have served a copy of the foregoing Answer to Defendant's Petition to Change Venue, Answer to Amended Petition to Change Venue, and Petition to Modify Custody upon the following person, by United States Mail, addressed as follows: Michael O. Palermo, Esquire Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 (Counsel of record for Defendant) Respectfully submitted, WOLF & 7?LF, Attorneys at Law May, 2007 BY: NAT . WOLF, ESQUIRE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 V BRANDON D. MITCHEM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-547 CIVIL ACTION LAW BETTY ANN MITCHEM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brandon D. Mitchem, and the Mother, Betty Ann Mitchem, shall have shared legal custody of Antonia E. Mitchem, born May 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education I'D and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. Summer school break: During the summer school break each year, beginning on the last day of school, the Child shall reside primarily with the Father with the Mother having custody on alternating weekends from Friday through Sunday. The summer school schedule shall end two full days, including three overnights, before the new school year start s so that the Child can re-adjust and make preparations for school at the Mother's residence. B. School year: During the school year, beginning two full days prior to the first day of school, the Child shall reside primarily with the Mother, with the Father having custody of the Child on alternating weekends from Friday through Sunday. The Father shall be entitled to have custody of the Child on Mondays following the Mother's alternating weekends for three hours in the Perry County area. The Father shall ensure that the Child is returned to the Mother's residence by 8:00 p.m. and that the Child's homework is completed. 3. The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at noon through Christmas Day at 10:00 a.m. and Segment B, which shall run from Christmas Day at 10:00 a.m. through December 26 at a time to be arranged by agreement between the parties. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. The remaining holidays shall be shared as arranged by agreement between the parties. 4. The parties shall consult with each other in making any major significant changes to the Child's appearance. Neither party shall permit the Child to have additional body piercings or tattoos without the consent of the other parent. 5. In the event either party has to work during his or her weekend period of custody, that parent shall contact the other parent to offer the opportunity to provide care for the Child during the custodial parent's unavailability before contacting third-party caregivers. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edward E. Guido 1. cc: Michael O. Palermo, Esquire -Counsel for Mother Brandon D. Mitchem - Father FROA# ;ND lInto sat ra, 6-MY *V. ?.JSle, rJ . Nl. N b d C? c- F -ri .a BRANDON D. MITCHEM PLAINTIFF V. BETTY ANN MITCHEM DFFF:NDANT AND NOW, Tuesday, May 29 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5547 CIVIL ACTION LAW IN CUSTODY , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 1 055 _ on Wednesday, June 27, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such if this cannot be accomplished, to define and nag order. All children age five or older may also be provide grounds for entry of a temporary or pern The court hereby directs the parties to fu ference, an effort will be made to resolve the issues in dispute; or the issues to be heard by the court, and to enter into a temporary sent at the conference. Failure to appear at the conference may ant order. any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the onciiiator 48 hours prior to scheduled hearing. FOR TFIE COURT. By: /s/ 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 a 'out accessible facilities and reasonable accommodations available to disabled individuals having busines before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hea ing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPEI HAVE AN ATTORNEY OR CANNOT AFFO FORTH BELOW TO FIND OUT WHERE YO Cumh TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT D ONE, GO TO OR TELEPHONE THE OFFICE SET CAN GET LEGAL HELP. Hand County Bar Association >2 South Bedford Street isle, Pennsylvania 17013 Iephone (717) 249-3166 eg-vw 4V" o? J? AJNnCr) I I :C W8 R IN LOOZ AMONOHIC18d 3H3 40 30U-40--031U e ' BRANDON D. MITCHEM, Plaintiff V. BETTY ANN MITCHEM, Defendant AND NOW, this C?t 4- consideration of the within Petition to *? dw? 4v- , LVV / , J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-5547 CIVIL ACTION IN CUSTODY of 2007, upo' rnge Venue, "earing is eeked -?-•- ;Y? f s - J. Distribution Michael O. Palermo, Jr., Esquire Nathan Wolf, Esquire O MAY 2 3 2007 BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETTY ANN MITCHEM, : NO. 1999 - 5547 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT ?? ??jj??Ac AND NOW, thisJ'?' day of jel!!t;t- 2007, upon consideration of the attached Answer to the Petition for Change of Venue and Amended Petition for Change of Venue filed by the Defendant, and in consideration of the New Matter in the form of a Petition to Modify Custody filed by Plaintiff it is hereby ORDERED and DIRECTED that this matter shall be referred to the Custody Conciliator by the Court Administrator for a conference to be held on all issues raised in said Defendant's Petitions and Plaintiff's Answer thereto and his Petition to Modify Contained therein. D' tribution: athan C. Wolf, Esquire For the Plaintiff VM/khael O. Palermo, Esquire For the Defendant Edward E. Guido, J. Court Administration 09 _0 Wd oe KVW LODZ BRANDON D. MITCHEM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETTY ANN MITCHEM DEFENDANT 99-5547 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 06, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 27, 2007 at 10:30 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. I I'M Custody Conciliator ig" 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 HAVE 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 P ? Q Wd - tl.ff LOOZ MAY 2 3 2007 BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETTY ANN MITCHEM, : NO. 1999 - 5547 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Le- e day of 2007, upon consideration of the attached Answer to the Petition for Change of Venue and Amended Petition for Change of Venue filed by the Defendant, and in consideration of the New Matter in the form of a Petition to Modify Custody filed by Plaintiff it is hereby ORDERED and DIRECTED that this matter shall be referred to the Custody Conciliator by the Court Administrator for a conference to be held on all issues raised in said Defendant's Petitions and Plaintiff's Answer thereto and his Petition to Modify Contained therein. BY THE C URT, By: Edward E. Guido, J. Di button: athan C. Nyolf, Esquire For th aintiff ichael O. Palermo, Esquire For the Defendant ` Court Administration ALNI BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-5547 CIVIL ACTION BETTY ANN MITCHEM, Defendant : IN CUSTODY PETITION FOR RELOCATION AND NOW, comes Petitioner, Betty Ann Mitchem, by and through her counsel, Michael 0. Palermo, Jr., Esquire, who files this Petition For Relocation, and in support thereof avers as follows: 1. Petitioner is Betty Ann Mitchem, Mother and Defendant in the above captioned matter. 2. Respondent is Brandon D. Mitchem, Father and Plaintiff in the above captioned matter. 3. The minor child involved in this action is Antonia E. Mitchem, date of birth, May 17, 1997. 4. Petitioner filed a Petition to Change Venue on May 7, 2007. 5. Attorney Nathan Wolf, Respondent's attorney filed an Answer to the Petition to Change Venue with New Matter in the form of a Petition to Modify Custody on May 23, 2007. 6. By Order entered on May 30, 2007, the Honorable Edward E. Guido referred the matter back to conciliation. Attached as Exhibit "A". 7. Conciliation was held on June 27, 2007 in front of conciliator, Dawn Sunday. A report has not been entered by the conciliator as of the date of this filing. 8. Petitioner, Betty Ann Mitchern wishes to relocate to Irwin, Pennsylvania because of a job opportunity. Petitioner and her finance will be getting married and are looking to purchase a home once they have relocated. 9. Petitioner is willing to provide transportation halfway between Irwin, Pennsylvania and Father/Respondent's residence in Mechanicsburg, Pennsylvania for Father's scheduled visitation periods. 10. The relocation would not adversely affect the best interests of the child but would rather improve the quality of her life and Petitioner believes under the circumstances, it would serve the child's best interest. 11. Petitioner's proposed move is not the result of any momentary or ill-advised whim; rather Petitioner has carefully considered the options that are realistically available to her and the minor child. WHEREFORE, your Petitioner respectfully requests that this Honorable Court schedule an evidentiary hearing on the matter. Date: `5 OD? Respectfully submitted, ROMINGER & ASSOCIATES Wkkl- 0_ Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant BRANDON D. MITCHEM, Plaintiff V. BETTY ANN MITCHEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1999-5547 CIVIL ACTION : IN CUSTODY CERTIFICATE OF CONCURRENCE/NONCURRENCE I, Michael O. Palermo, Jr., Esquire, do hereby certify that I have contacted the opposing attorney, Nathan Wolf, Esquire and he is not in concurrence with the Petition for Relocation. Date: S ZG-b Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-5547 CIVIL ACTION BETTY ANN MITCHEM, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Betty Mitchem, Petitioner, do hereby certify that I this day served a copy of the Petition to Change Venue upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Nathan Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, PA 17013 Date: Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, J squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant MAY 2 3 2007 BRANDON D. MITCHEM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETTY ANN MITCHEM, : NO. 1999 - 5547 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT ????jj?A& AND NOW, thisX day of O? 2007, upon consideration of the attached Answer to the Petition for Change of Venue and Amended Petition for Change of Venue filed by the Defendant, and in consideration of the New Matter in the form of a Petition to Modify Custody filed by Plaintiff it is hereby ORDERED and DIRECED that this matter shall be referred to the Custody Conciliator by the Court Administrator for a conference to be held on all issues raised in said Defendant's Petitions and Plaintiff's Answer thereto and his Petition to Modify Contained therein. BYTHE , By: Edward E. Guido, J. Distribution: Nathan C. Wolf, Esquire For the Plaintiff Michael O. Palermo, Esquire For the Defendant Court Administration C"? v 3 Q X5:3 JUL 0 6 2001 #? BRANDON D. MITCHEM, Plaintiff V. BETTY ANN MITCHEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-5547 CIVIL ACTION IN CUSTODY ORDER OF COURT AND NOW, this e-^ day of , 2007, upon V lt? consideration of the within Petition for Relocation, a hearing is scheduled for the _ day of 2007, in Courtroom at ? o'clock #4 m. at the Cumberland County Courthouse in Carlisle, Pennsylvania. J. Distribution Michael O. Palermo, Jr., Esquire Nathan Wolf, Esquire U Mrn.-c-W 3 z s, :C lid log, ,? a "q qa os Mr,", BRANDON D. MITCHEM Plaintiff VS. BETTY ANN MITCHEM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation R ort, it is rdered and directed as follows: r A hearin is &ed led in Court Room No. 3 of the Cumberland County Courthouse on the ? day of , 2007 at :60 o'clockA m., at which time testimony will be taken. For p oses of the hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated December 18, 2006, shall continue in effect as modified by this Order. 3. During the summer school break, the Mother's periods of custody on alternating weekends shall run from Friday at 1:30 p.m. through Sunday at 4:30 p.m., unless otherwise agreed by the parties. cc: Nathan C. Wolf, Esquire - Counsel for Father Leslie Tomeo, Esquire - Counsel for Mother •? Edward E. Guido J. VII All m"IT 0 S .C HJ 6- Iff LOOZ ,I. BRANDON D. MITCHEM Plaintiff VS. BETTY ANN MITCHEM Defendant Prior Judge: Edward E. Guido JUL o a ioo t?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Antonia Mitchem May 17, 1997 Mother/Father 2. A custody conciliation conference was held on June 27, 2007, with the following individuals in attendance: the Father, Brandon D. Mitchem, with his counsel, Nathan C. Wolf, Esquire and the Mother, Betty Ann Mitchem, with her counsel, Leslie Tomeo, Esquire. 3. This Court previously entered an Order in this matter on December 18, 2006, under which the Mother has primary physical custody of the Child during the school year and the Father has primary physical custody of the Child during the summer school break. The Mother filed this Petition to Change Venue, which is essentially a Petition for Relocation, seeking to move with the Child to Irwin, Pennsylvania, approximately three (3) hours from the local area. The Father filed a responsive pleading seeking primary physical custody of the Child. As the parties were unable to reach an agreement on the relocation issue at the conference, the Conciliator recommended that the parties consider the option of obtaining a custody evaluation. The Mother requested that a hearing be scheduled for disposition of the issue. 4. The Mother's position on custody is as follows: the Mother wishes to relocate to the Irwin, Pennsylvania area where her fianc6 resides. According to the Mother, her fianc6 moved to that area due to an employment opportunity six years ago. The Mother indicated that the Child has already made friends during visits to the residence of the Mother's fianc6 and, according to the Mother, the 40. Child would like to move there. The Mother proposed that the schedule stay the same with the exception that the periods of weekend custody for the Mother could be reduced to approximately one weekend per month during the summer when the Father would have primary physical custody of the Child. The Mother proposed that the parties meet at a halfway point in Breezewood, Pennsylvania for exchanges of custody. 5. The Father's position on custody is as follows: the Father does not believe that it would be in the Child's best interest to move to Irwin. The Father indicated that the extended families of both the Mother and the Father reside in Cumberland and Perry Counties and the Father would be better able to maintain the Child's contact with her current friends and family in the local area. The Father strongly opposes the Child's relocation out of the local area and, due to concerns about the Child's treatment in the Mother's household, indicated that he believes it would be best for the Child to reside primarily with him whether or not the Mother relocates to Irwin. 6. The Conciliator recommends an Order in the form as attached scheduling a hearing on the relocation/primary custody issue and reflecting agreements reached by the parties at the conference concerning exchange times under the current schedule. It is expected that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT BRANDON D. MITCHEM, Plaintiff V. BETTY ANN MITCHEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1999 - 5547 CIVIL TERM : IN CUSTODY MOTION FOR CONTINUANCE NOW comes the Defendant, by his attorney, Nathan C. Wolf, Esquire, and presents the following motion for continuance of the September 10, 2007 hearing, representing as follows: 1. The Plaintiff is Brandon D. Mitchem, an adult individual residing at 218 West Simpson Street, Mechanicsburg, PA 17055. 2. The Defendant is Betty A. Mitchem, an adult individual with a mailing address of 5920 Spring Road, Lot 12, Shermansdale, PA 17090. 3. The minor child involved in this action is Antonia E. Mitchem, D.O.B. May 17,1998. 4. Defendant in this matter filed a Petition to Change Venue on May 7, 2007. 5. Plaintiff's response to the Petition to Change Venue included a New Matter in the form of a Petition to Modij Custody, filed May 23, 2007. 6. Conciliation for these matters was held June 27, 2007 before Conciliator Dawn Sunday. A report has yet to be entered from this conciliation. 7. Plaintiff filed a Petition for Relocation on July 5, 2007, despite the forthcoming Conciliator's report. 8. In Order of court dated July 9, 2007, the Honorable Edward E. Guido, upon consideration of the aforementioned Petition, scheduled a hearing for the 10' day of September. 9. Attorney for the Plaintiff, Nathan C. Wolf, Esquire, is scheduled to appear at trial in Cumberland County on September 10, 2007. 10. There have been no prior continuances in this matter. 11. Counsel for the Defendant, NVfichael Palermo, Esquire, has been contacted by Plaintiff's counsel, and likewise has a scheduling conflict on September 10, 2007, and therefore and concurs with the filing of this motion. 12. The court has indicated its availability for these proceedings on July 23, 2007, when both counsel are available. WHEREFORE, Plaintiff, Brandon D. Mitchem, respectfully requests that the Court issue an Order continue the custody hearing, currently scheduled for September 10, 2007. Dated: July 4 ?-, 2007 Respectfully submitted, WOLF & WOLF By: AN an C. Wolf uir 10 West Hig tr et Carlisle, P 17 Supreme C I.D. No. 87380 (717) Z41-4436 Attorney for Plaintiff 41 VERIFICATION I, the undersigned, do hereby verify I am counsel for Movant, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. July 13 , 2007 , ,r NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRANDON D. MITCHEM, Plaintiff v. BETTY ANN MITCHEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 - 5547 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of Plaintiff's Motion for Continuance upon the following person and in the matter indicated. SERVICE BY U.S. MAIL: Michael O. Palermo, Esquire Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & LF i Dated: July , 2007 Nathan C.'Wo sq 10 West Hi Stree Carlisle, A 17 Suprem C I.D. No. 87380 (717) 24 -4436 Attorney for Plaintiff l r •. t J-.? _ I _ ri. --t c .? *' "JUL 16 2007 BRANDON D. MITCHEM, Plaintiff V. BETTY ANN MITCHEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 - 5547 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of 2007, upon consideration of the attached Motion, it is hereby ordered that the custody h't-, cheduled for September 10, 2007 at 9:30 a.m., be rescheduled to July 23, 2007, at 1:30 p.m. in Courtroom 3 of the Cumberland County Courthouse. Distribution: Nathan C. Wolf, Esquire For the Plaintiff Michael O. Palermo, Esquire •J7 p 7 For the Defendant Court Administration - 17 Edward E. Guido, J. '? ,? 1 L l kJ- BRANDON D. MITCHEM, Plaintiff V. BETTY ANN MITCHEM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-5547 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 23rd day of July, 2007, after hearing, our order of December 18, 2006, shall remain in full force and effect. ?iKthan C. Wolf, Esquire For the Plaintiff ,.Xchael 0. Palermo, Es For the Defendant srs Edward E. Guido, J. DIN ti??l S