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HomeMy WebLinkAbout07-2087CARRIANNE WHITE, Plaintiff V. MICHAEL P. WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 4 -7. (? 6 R-7 CIVIL TERM ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 4. CARRIANNE WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0'7 -2 0 F'7 CIVIL TERM MICHAEL P. WHITE, : ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is CarriAnne White, a competent adult individual, who resides at 585 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michael P. White, a competent adult individual, who resides at 7068 Beaver Spring Drive, Harrisburg, Pa., 17111. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 16, 1999 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, namely, Kole Patrick White, date of birth, September 4, 2001, and Kristopher Michael White, date of birth, February 20, 2004. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); WHEREFORE, Plaintiff requests the court to enter a Decree in Divorce. COUNT II - CUSTODY 11. Sections 1. - 10. are herein incorporated by reference. 12. The parties are the natural parents of Kole Patrick White, date of birth, September 4, 2001, and Kristopher Michael White, date of birth, February 20, 2004. 13. The parties have been unable to enter a custody stipulation in writing. 14. A custody complaint is being filed contemporaneously with this complaint. WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding the children. Respectfully submitted, Date: -I • l / • I Adams, Esquire No. 79465 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 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. §4904 relating to unsworn falsification to authorities. Q,C.GeC? Gc?h.cte. Date: l r) CarriAnne White, Plaintiff ?o w pW? O (? V \ ? C. T (- ) - (" ?; CE7 j ;- - C_) { ;' 1 C- CARRIANNE WHITE, Plaintiff V. MICHAEL P. WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D 7 O g CIVIL TERM ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X_ prior to the entry of a Final Decree in divorce. OR after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of CORICA avowing her intention pursuant to the provisions of 54 P.S. s704. Date: 6 '?'u 6nza-c- /'l t; " ' f CarriAnne White Prior Name C:niature Anne Corica of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ):ss COUNTY OF CUMBERLAND ) On this, the i day of , 2007 before me, the undersigned officer, personally appeared CARRIANNE ITEICARRIANNE CORICA personally 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ti OF NNSYI,V otary Public NotKW Seal PWic Ca Hdc Bo ?md aunty try CO,,;ss;o„ E*m Sept. 6, 2008 My commission expires: ?? 1 ?i f?n NO < CARRIANNE WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. © 7 -?-?? CIVIL TERM MICHAEL P. WHITE, : ACTION IN Defendant 1. Plaintiff is CarriAnne White, who currently resides at 585 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michael P. White, who currently resides at 7064 Beaver Spring Rd., Harrisburg, Pa., 17111. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Kole Patrick White 9/4/01(6) 585 Boxwood Lane, Carlisle, Pa. 17013 Kristopher M. White 2/20/04(3) 585 Boxwood Lane, Carlisle, Pa. 17013. Mother and Father married on October 16, 1999. Mother and Father separated on April 11, 2007. CUSTODY COMPLAINT During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES CarriAnne White Michael P. White 585 Boxwood Lane Carlisle, Pa. 17013 2002 - 4/11/07 CarriAnne White 585 Boxwood Lane 4/11/07 - present Carlisle, Pa. 17013 The mother of the children is CarriAnne White. She currently resides at 585 Boxwood Lane, Carlisle, Pa. 17013. She is married to Michael P. White. The father the children is Michael P. White. He currently resides at 7064 Beaver Spring Rd., Harrisburg, Pa., 17111. He is married to CarriAnne White. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of Father. The defendant currently lives with his mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: Father recently left the marital home and Mother filed for divorce contemporaneously with this custody complaint. Mother is requesting a custody order which would confirm that she has primary physical custody, would provide for shared legal custody, and periods of partial custody for Father as the parties agree. Mother believes that such an order would be in the best interest of the children because it would provide stability for the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date: C/. I /' r7 le Adams, Esquire No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I j caarriAnne White, Plaintiff S Q C Cl) CARRIANNE WHITE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2087 CIVIL ACTION LAW MICHAEL P. WHITE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 18, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 18, 2007 at 1:00 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. 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 heariniz. FOR THE COURT, By: /s/ ohn . Man an r. Es o. 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 I V NV IASN N3d -Ilq R 0 Wd ?Z ddd LODZ AdViG vOHiOdd 3Hi d0 a0U 0- 31l3 CARRIANNE WHITE, Plaintiff V. MICHAEL P. WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2087 CIVIL TERM : ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B) ND PA.R.C.P. 1920.4 I, Michael P. White, Defendant, hereby accepted service of the Notice to Defend and Complaint in Divorce on the date listed below. I hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. Date: Michael P. White, Defendant t? ?=, - `" -, } ?,i ? _? ?, = -? ; ??? -? ?? , ;? rr? ? L ?' ?:.^= ? c? CARRIANNE WHITE, Plaintiff V. MICHAEL P. WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2087 CIVIL TERM ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT , 200& This Stipulation and Custody Agreement is made this 2? day of /4" by and between CarriAnne Corica, f/k/a CarriAnne White, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and Michael P. White, (Hereinafter referred to as "Father"), of Harrisburg, Dauphin County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Kole Patrick White, date of birth, September 4, 2001; and Kristopher Michael White, date of birth, February 20, 2004. WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to each child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Shared Physical Custody. Physical Custody of the children, as that term is defined in the custody act, shall be shared between the parties. The parties shall each have equal periods of physical custody with the children, to be shared on a week on, week off basis. Each week period shall run from Wednesday at 5:30 p.m. until the following Wednesday at 5:30 p.m. when the parties shall exchange custody of the children. The parties agree that the children shall remain in school in South Middleton Township so long as one parent resides in the township. Nothing in this stipulation shall prevent the parties from filing a petition to modify this custody stipulation and order, or altering this stipulation by mutual agreement. The parties shall equally divide all major holidays as agreed. Mother shall always Mother's day with the children, Father shall always have Father's day with the children. All other holidays will be equally divided as agreed. 3. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 4. Miscellaneous. Neither party shall smoke in the presence of the child or permit any other household members to smoke in the presence of the children. Neither party shall partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 5. Extracurricular Activities. To the extent possible, each party shall provide the other with at least forty-eight (48) hours advance notice of the school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities in which the child wishes to engage. During the times that each parent has custody of the Child, they will make certain that the child attend any previously-scheduled extra-curricular activities. The parties are directed to be supportive of the activities in which the Child is involved and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Each parent will provide the other parent with copies of schedules regarding any activity in which the Child is enrolled. Neither parent, however, shall commit the Child to any activity unless the Child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the Child maintaining passing grades in school. Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the then- custodial parent shall not be required to take the Child to that activity if the custodial parent and the Child are out of town during that activity, for a previously-schedule vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. In the event that any Child is unable to attend school due to illness or school closings, or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and notify the non-custodial parent of the Child's illness. 6. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 7. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 8. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 10. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 11. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 12. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: " Q4,(-" Witnessa Date://- 6F-d? Witness Date: / llUgloQ v Michael P. White, Father ,? CarriAnne Corica, Mother L Lies d y! ? C . t ,,.. / ? I ?} © (? ?» "tw ? ' ? ?-?-Z , CARRIANNE WHITE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2087, CIVIL TERM MICHAEL P. WHITE, Defendant 2007. ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 13, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Michael P. White, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating unsworn falsification to authorities. Date: Michael P. White, Defendant esa -rt { S..'. ` rl ry ? ?'..j -Zj 0 CARRIANNE WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 2087 CIVIL TERM MICHAEL P. WHITE, : ACTION IN DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT BETWEEN CARRIANNE WHITE AND MICHAEL P. WHITE THIS AGREEMENT, made this - day ofw??,Q1t , 2008, by and between, CARRIANNE WHITE, now known as CARRIANNE CORICA, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and MICHAEL P. WHITE, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "HUSBAND"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 16, 1999 in Cumberland County, Pennsylvania, and WHEREAS, there were two children born of this marriage; WHEREAS, diverse, unhappy differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this . I. agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. The Husband is PRO SE. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. Husband has been advised of his right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts incurred after separation or in her name alone. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts incurred after separation or in his name alone. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. ' - As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. The parties have separated all bank accounts and shall retain all accounts in their names at the time of this agreement. The parties shall each retain property as listed in Exhibit A, which is attached. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: Each party shall retain the respective vehicles currently in their possession. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE held title as Tenants by the Entireties to the premises identified as 585 Boxwood Lane, Carlisle, Pennsylvania, 17013. The parties agree as follows with respect to the marital residence: (a) Husband hereby relinquishes all right, title, and interest in the marital home and Wife has sole and exclusive possession of the home. Within sixty (60) days of this agreement, Wife shall refinance the loan on the marital home in her name alone, and shall remove Husband from any obligations associated with the martial home. Before the date of refinance, Husband shall sign a Deed, and shall thereby relinquish all right, title and interest in the marital home. Wife shall be responsible for all costs associated with refinancing the marital home. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. 15. INCOME TAX RETURNS. The parties have previously filed joint State and Federal Tax returns. Both parties agree that in the even any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith. Such tax, interest, penalty, or expense shall be paid solely and entirely by the individual whose is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. lb. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. 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 parry 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 default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: h Witn ss Michael P. White, Husband Date: I 1 /8/ 0`& COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) " ? dQa g On this, the ?? day of A/U1. n - ,-240-7, before me, the undersigned officer, personally appeared MICHAEL P. WHITE, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q Nota Public My commission expires:v`-V SEAL COLSIONWEA.lt1 OF PENNSULYANK NOTARIAL SEAL WWA BUR QM NOTARYPUBLIC CAFIUKE BOROL1 A CLUBM" COUNTY MY COMMISSION E MM MAY 23.20112 ?; +Y.n,x n ,?...Y ... .,. .? ?. a .. , i ? ? caz Witness CarriAnne Corica, ife Date: /l/oV09 COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND } a? On this, the day of/11JOWINA19 ,-2ftO`7, before me, the undersigned officer, personally appeared CARRIANNE CORICA known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q ? otary ublic My commission expires ,>13v1a/d SEAL COMA NKALTH OF PENNSYLVANIA NOTARK SEAL M M& MR&-n NOTARY PUBLIC CAF?I.E BOROUt#1, CUMBERLANQ COUMY MY COMMISSION EXPIRES MAY 23, 2012 . a • EXHIBIT A White v. White Division of Personal Property CarriAnne shall keep the following property: Everything in home except what is listed for Mike Tools and toolbox from CarriAnne's grandfather Mike shall keep the following property: RV-possessions in RV Indian Statue Push Mower Weed wacker 1 Gas Grill Portable red grill White family coffee table 2 ton jack 2 jack stands Washer/dryer (used set) Gun cabinet Guns Gun box Desk (Mike's grandfather made) Raider chair Tools not bought by Mike Corica Sr or *Patsy Sweetra unless they were gifts to Mike Mike's dresser and nightstand China and silver from Mike's mother Mike's DVD's and video games Playstation 1 & 2 Work bench (from garage) Silver cooler Pointed shovel Flat shovel Axe Patio set (2 chairs and table set) ?'' +-?, ? ..? ?? ;w? .?_? ?,?, r ?' 3 f°*9 ??, _ ,L?. ,_s ?:4 ?a? ,"i"t r i ,? ? ?, i°s `? ?, r NOV Z 'I 2008 CARRIANNE WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 2087 CIVIL TERM MICHAEL P. WHITE, : ACTION IN CUSTODY Defendant ORDER AND NOW, this JV?'- day of '/la&R4B , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on November 11, 2008 shall be entered and incorporated into this Order of Court. BY THE COURT: cc: ?Jane Adams, Esquire, for mother /'Michael P. White, father CoP ?'Es ,?. t (?? ,I/;LtIce E CT 4a, v CARRIANNE WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 2087 CIVIL TERM N C MICHAEL P. WHITE, : ACTION IN DIVORCE Defendant lr, tr, r - AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on Ap 13, *07. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have CO elaped ..c from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 0 3 c? Q co ? UU C C? `7 (J CCarriAnne nne Corica, f/k/a White, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND $3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: CarriAnne Corica, f/k/a arriAnne White, Plaintiff CARRIANNE WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV I o A=- o V. : NO. 07 - 2087 CIVIL TERM -- j' -a' MICHAEL P. WHITE, : ACTION IN DIVORCE=` ? = r Defendant" _ w PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via first class mail, Acceptance of service signed by Defendant, on April 25, 2007, filed on May 1, 2007. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: March 29, 2010 By Defendant: November 8, 2008 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: November 20, 2008 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: Contemporaneous with this Praecipe Date: 13 Respectfully submitted, e Adams, Esquire . No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARRIANNE WHITE V. MICHAEL P. WHITE NO 07 - 2087 Civii Term DIVORCE DECREE AND NOW, ~ ~ ~ ~ ti~ , it is ordered and decreed that CARRIANNE WHITE ,plaintiff, and MICHAEL P. WHITE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; the Marriage Settlement agreement which was signed by the parties on November 8, 2008 and was filed on November 20, 2008 shall be incorporated and not merged into this Decree. By the Court, ~~ Attast: J. ,~ rothonotary y~~-~o ~~~-~o No-~;c~~ c~l.oc:, t~.c~ -~ -~ R~~ owl-