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HomeMy WebLinkAbout07-5999CARLA D. PRATT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANTHONY MICHAEL PRATT, NO 07- 5ggq C?Vi I Term Defendant IN DIVORCE NOTICE TO DEFEND 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWE&& LINDSAY SAIDIS, FLOWER & LINDSAY erroRNEYS•,v-uw 26 West High Street Carlisle, PA Carol J. Lindsa Esquire Attorney 1,0. j3 26 West lgh Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff CARLA D. PRATT, Plaintiff V. ANTHONY MICHAEL PRATT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.67-S99f IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Carla D. Pratt, an adult individual, residing at 99 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Anthony Michael Pratt, an adult individual, residing at 1815 John F. Kennedy Parkway, Apartment 1716, Philadelphia, Pennsylvania 19103. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 23, 1997, in Philadelphia, SAIDIS, FLOWER & LINDSAY T " ?AT'L"w 26 West High Street Carlisle, PA Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDS AY Attorney Id. 44N95 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Dated: October 11, 2007 uire VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Carla D. Pratt Date: ( 0110107 SAIDIS, FLOWER & LWDSM ,v?o?ews..?uw 26 West High Street Carlisle, PA 04 (N -C c -CJ A+ ?-TI CARLA D. PRATT Plaintiff V. ANTHONY MICHAEL PRATT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5999 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD To: Counte Carl D. Pratt C/O arol J. Lindsay, Esquire Saidi , Flower & Lindsay 26 High Street Carli le, PA 17013 You hereof or a hereby notified to file a written response to the enclosed Defendant's to Plaintiffs Complaint in Divorce within twenty (20) days from service ment may be entered against you. BY: rles Rector, quire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: /Q V.? CARLA D. P TT Plaintiff V. ANTHONY MICHAEL PRATT Defendant VOW, comes the Defendant, Anthony Michael Pratt, by and through his rtes Rector, Esquire, and files the following Answer & Counterclaim to nplaint in Divorce: DEFENDANT'S ANSWER & COUNTERCLAIM TO COMPLAINT IN DIVORCE AND attorney Cha Plaintiffs Coi 1. 2. Kennedy Pai demanded. their childrer The Philadel during the w Logan Squai 3 4 5 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5999 Civil Term CIVIL ACTION - LAW IN DIVORCE Answer Admitted. Denied. It is denied that Defendant's primary residence is 1815 John F. way, Apt. 1716, Philadelphia, Pennsylvania, 19103 and proof thereof is y way of further answer, Defendant continues to reside with Plaintiff and at 99 Ashton Street, Carlisle, Cumberland County, Pennsylvania, 17015. lia address constitutes Defendant's address for employment purposes k week at the law firm of Pepper Hamilton, LLP located at 3000 Two Eighteenth and Arch Streets, Philadelphia, Pennsylvania, 19103. Admitted. Admitted. Admitted. Admitted. 7 divorce in 8 full. Admitted. EFORE, Defendant respectfully requests your Honorable Court to grant a )rdance with Section 3301(c) of the Pennsylvania Divorce Code. Counterclaim Paragraphs 1 through 7 above are incorporated herein as if set forth in 9. Defendant is seeking primary physical of the parties' minor children: Payton N. Pratt (DOB 9/1/94) and Christopher M. Pratt (DOB 6/1/98). The children are presently in the custody of the parties at 99 Ashton Street, Carlisle, Cu Berland County, Pennsylvania, which property is currently listed for sale. Durin the past five years, the children have resided with their parents at the following a. b. C. 10. Defendant c Costodio. In Randolph, New Jersey from August 2002 through August 2003; 240 South Street, Carlisle, Pennsylvania from August 2003 through September 2004; and 99 Ashton Street, Carlisle, Pennsylvania from September 2004 to the present. The relationship of the Defendant to the children is that of Father. The ?rrently resides with the Plaintiff, their children and their au pair, Paula 11. I The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the Defendant, their children and their au pair, Paula Costodio. 12. I Defendant 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. has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. physical to the chi 13 granting the WHE custody of t does not know of a person not a party to the proceedings who has of the children or claims to have custody or visitation rights with respect The best interest and permanent welfare of the children will be served by )efendant primary physical custody of the parties' children. BEFORE, Defendant requests the Court to grant him primary physical minor children. Respectful! 7Submitted: I Z11 arles Rector sq 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: /P/ I-) 3/o -7- Rx Date/Time OC'T-23-2007(TUE) 07;10 OCT=23-2007 08:25 false relating to that the statements made herein are true and correct. I understand that herein are made subject to the penalties of 18 Pa.C.S. Section 4904, falsification to authorities. A. Mi gel Pratt Date, a P. 007 P.07 r 'f .IN' • I 1 /i ? fN? 1 r. ?f . .a •/I r.Vr1 rl f+. r\f, 1• .1 1 f^ , 1 .. r,r 71•x\ r \ , 1. t '• CERTIFICATE OF SERVICE I, Rector, Esquire, do hereby certify that on the o? day of October 2001, 1 caused a true and correct copy of the within Defendant's Answer & Counterclaim to be served upon the following counsel of record by depositing same in first class, States mail, postage paid, in Camp Hill, Pennsylvania: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 W. High Street ••__,:_._ Aw e'M,412 By Date: A3 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 ? M ? S h,, `? r yfi-t 4 Y- p W i iD D E- - CARLA D. PRATT Plaintiff V. ANTHONY MICHAEL PRATT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5999 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Charles Rector, Esquire, counsel for the Defendant, Anthony Michael Pratt, accept service of the Complaint in Divorce filed in the above-captioned matter and certify that I am authorized to do so. BY: Eharles Rector, "squire \,-... 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: /L"/ 11 °? r77r` pPw ) i r71 CARLA D. PRATT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-5999 CIVIL TERM ANTHONY MICHAEL PRATT, Defendant IN DIVORCE PETITION FOR RELOCATION FLOWER & LINDSAY 26 West High Street Carlisle, PA AND NOW, comes Carla D. Pratt, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Payton N. Pratt, born September 1 1994, and Christopher M. Pratt, born June 1, 1998. 2. Defendant filed a Counterclaim to Plaintiff's Complaint in Divorce seeking custody of the children. Plaintiff has filed a Motion asking this Honorable Court to set a conciliation. 3. Plaintiff is employed by the Penn State Dickinson School of Law and resides with the children at the marital home, 99 Ashton Street, Carlisle, Pennsylvania. 4. Respondent is a partner at Pepper, Hamilton, LLP and resides during the work week and some weekends at 1815 John F. Kennedy Parkway, Apartment 1716, Philadelphia, Pennsylvania. 5. Petitioner has accepted employment as a professor at Texas Wesleyan Law School in Fort Worth, Texas commencing July 1, 2008. 6. From the time of their birth, Plaintiff has been the primary caregiver. 7. Respondent does not concur with the relief sought in this Petition. 8. No judge has been assigned in this case. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why she should not be permitted to relocate the children to Fort Worth, Texas. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay,`Esi Attorney Id. 44 26 West Hi Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Carla D. Pratt Date: Q - , aJY FLOWER & LENDS" 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the day of ??k y uA&I, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Charles A. Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay// ire Supreme Court/ID o. 44693 26 West High et Carlisle, PA 17013 717-243-6222 FLOWER & LENDSAY 26 West High Street Carlisle, PA CrJ fig ?1 ? = a j vr_ ..rte CARLA D. PRATT, Plaintiff V. ANTHONY MICHAEL PRATT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5999 CIVIL TERM IN DIVORCE MOTION FOR CONCILIATION AND NOW, comes Carla D. Pratt, by and through her counsel, Saidis, Flower & Lindsay, and moves this Honorable Court as follows: 1. The parties hereto are parents of two children, Payton N. Pratt, born September 1, 1994, and Christopher M. Pratt, born June 1, 1998. 2. On or about October 23, 2007, Respondent filed an Answer to the Complaint in Divorce and a Counterclaim seeking custody. No request for conciliation was made at the time. 3. Movant seeks conciliation. WHEREFORE, Movant prays this Honorable Court to set the matter for conciliation. SAIDIIS', FLOWER & 7SAY SAIDIS, FLOWER SL LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay, quire Attorney Id. 4469J'3 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Carla D. Pratt Date:,,) SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the '+h day of C br LkC1 r,,' , 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Charles A. Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY r' Carol . indsire Supreme Co rt ID o.44693 26 West High reet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA r- V fJl Q _p7 2n r} ,? N) Co CARLA D. PRATT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT DEFENDANT 2007-5999 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, February 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 27, 2008 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. 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/ Hubert X. Gilro Es q. 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 l70; sr I f: I Im S 1833 868Z 3.41 JO CARLA D. PRATT Plaintiff V. ANTHONY MICHAEL PRATT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5999 Civil Term CIVIL ACTION - LAW IN DIVORCE ANSWER TO PETITION FOR RELOCATION AND NOW, comes the Defendant, Anthony Michael Pratt, by and through his attorney, Charles Rector, Esquire, and files the within Answer to Plaintiff's Petition for Relocation: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Respondent also resides at 99 Ashton Street, Carlisle, Cumberland County, Pennsylvania. 4. Admitted in part and denied in part. It is admitted that Respondent is a partner at Pepper Hamilton, LLP. It is denied that Respondent, during the work week and some weekends, resides at 1815 John F. Kennedy Parkway, Apt. 1716, Philadelphia, Pennsylvania. By way of further answer, Respondent resides at the above address during most of the work week, but rarely on weekends. To the extent that any further answer is required, the parties previously spent weekends together with the children in Philadelphia and following the filing of the Divorce Complaint, Respondent has enjoyed custody of the children in Philadelphia and also spends considerable time with the children at the parties' Carlisle home. 5. Denied. Respondent is without sufficient information or knowledge to form a belief as to the truth of this averment and proof thereof is demanded and the same is deemed denied. 6. Admitted in part and Denied in part. It is admitted that Petitioner has been a caregiver. It is denied that Petitioner has been the primary caregiver and proof thereof is demanded and the same is deemed denied. By way of further answer, Respondent shares caregiving responsibilities with Petitioner and the parties have, at times, been assisted by an au pair. WHEREFORE, Respondent, Anthony Michael Pratt, respectfully requests your Honorable Court to deny the Petition for Relocation of Petitioner, By, Date: , /, ?/d Pratt. Charles Rector?'Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 I verify that the statements made herein 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. A. MicheAl Pratt Date: 2 Lam! C CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the day of February 2008, 1 caused a true and correct copy of the within Answer to Petition for Relocation to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 W. High Street Carlisle, PA 17013 By: -?-•- arles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: -2 /2'?- /° it Cri O' CARLA D. PRATT Plaintiff V. ANTHONY MICHAEL PRATT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5999 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of..the-Qefendant, Anthony Michael Pratt, in the above-captioned matter. Esq PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Defendant, Anthony Michael Pratt, in the above-captioned matter. Date: 3 //( 0-'? RESPECT?ULLX SUBMITTED, Maria P! Cog a Esquire 210 Grandvie Avenue, Ste. 102 Camp Hill, PA 17011-1706 (717) 909-4060 i E? t^ aa++e1?? N M Y iI {l ?nr e Zoos CARLA D. PRATT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ANTHONY MICHAEL PRATT, NO. 2007-5999 Defendant IN CUSTODY COURT ORDER AND NOW, this [S- day of t 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 20' day of June, 2008 at 8:45 a.m. At this hearing, the mother shall 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 the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Legal counsel for the parties may agree on a professional who can be retained for a custody evaluation prior to the hearing. The focus of the evaluation shall be on the preference of the minor children with the understanding that the evaluator may inquire into other areas. Cost of the evaluation shall be allocated with the mother paying one third of the evaluation but no more than $1,000.00, and the father paying the additional monies. The evaluation shall be an independent evaluation and the evaluator shall share the results of the evaluation with legal counsel for both parties. 3. Pending further Order of this Court, the mother, Carla D. Pratt, and the father, Anthony Michael Pratt, shall enjoy shared legal custody of Payton N. Pratt, born September 1, 1994, and Christopher M. Pratt, born June 1, 1998. Physical custody shall be handled pursuant to a schedule consistent with the schedule the parties have been following the past few months. cc: Carol J. Lindsay, Esquire -Maria P. Cognetti, Esquire f ' L " i l mss- u- c' l_J N M ? CARLA D. PRATT, Plaintiff v ANTHONY MICHAEL PRATT, Defendant Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5999 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Payton N. Pratt, born September 1, 1994, and Christopher M. Pratt, born June 1, 1998. 2. A Conciliation Conference was held on March 27, 2008, with the following individuals in attendance: The mother, Carla D. Pratt, with her counsel, Carol J. Lindsay, Esquire, and the father, Anthony Michael Pratt, with his counsel, Maria P. Cognetti, Esquire. 3. This is a relocation case that was unable to be resolved at the Custody Conciliation Conference, the Conciliator secured a hearing date for the parties and the Conciliator recommends an Order in the form as attached. Date: '410 g Hubert X. Gil y, Esquire Custody Co ciliator CARLA D. PRATT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, DEFENDANT 07-5999 CIVIL TERM AMENDED SCHEDULING ORDER AND NOW, this 19?- day of April, 2008, the court having signed the temporary order forwarded by the custody conciliator, the scheduling part of that order is amended to provide that the hearing on the within case shall be conducted in Courtroom Number 2, Cumberland County Courthouse on Monday, June 16, 2008, at 10:30 a.m., and if not completed that day will recommence at 8:45 a.m., Thursday, June 19, 2008. By the Co rt Edgar B. Bayley, J. -11118arol J. Lindsay, Esquire For Plaintiff Maria P. Cognetti, Esquire For Defendant :sal ( 0: 6e-v en.-iLLL 'Y/a.?of3 cc CIQ N C, 7 CARLA D. PRATT, Plaintiff V. ANTHONY MICHAEL PRATT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-5999 CIVIL TERM IN DIVORCE MOTION TO COMPEL DISCOVERY AND NOW, comes Carla D. Pratt, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 23, 1997. 2. Plaintiff filed a Complaint in Divorce under Section 3301(c) of the Divorce Code SAIDIS, LINDSAY 26 West High Street Carlisle, PA on October 12, 2007. 3. On March 31, 2008, Plaintiff served on Defendant a Request for Production of Documents - First Set, a copy of which is attached hereto as Exhibit "A". 4. Thirty (30) days have passed and Respondent has failed to produce the documents requested. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule on the Respondent to show cause why he should not be compelled to respond to the Request for Production of Documents. SAIDIS, FLOWER-& LINDSAY Dated: 5 Carol J. Lindsay, qu Supreme oNo. 26 West I uSeet Carlisle, PA 17013 717-243-6222 CARLA D. PRATT, Plaintiff V. ANTHONY MICHAEL PRATT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5999 CIVIL TERM IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS - FIRST SET To: Anthony Michael Pratt c/o Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1 Copies of your 2004, 2005, 2006 and 2007 Federal income tax returns, as filed, together with any 1099s or W-2s used in their preparation. 2. Your most recent pay stubs. 3. A copy of the lease for the apartment in Philadelphia in which you live. SAIDIS, FLOWER & LINDSAY A17ORNEYS•AT.uw 26 West High Street Carlisle, PA 4. A copy of any shareholder agreement and employment agreements with Pepper Hamilton and any other agreements you have with Pepper Hamilton. 5. Documentation for any benefit which you have as a part of your employment or your ownership with Pepper Hamilton including, but not limited to, memberships, profit sharing or any other perquisites not evidenced on a pay stub. 6. Documentation of the cost you paid to purchase or to buy into your law firm. 7. Statements for all accounts in which you, individually, or with any other person, made deposits or caused deposits to be made during your marriage. Please provide the statements from January 1, 2007 to the present. 8. Statements for all investment accounts in which you have an interest. Please provide all statements from January 1, 2007 to the present. 9. Statements for all retire any contributions were made either by you or your employer since th Please provide all statements from January 1, 2007 to the present. 10. Statements for the cash value of any life insurance policy which you own. 11. Statements with regard to any debt which you claim to be marital debt. Please provide all statements evidencing that debt from January 1, 2007 to the present. 12. If you claim that any asset which you own is premarital, in whole or in part, please provide statements indicating the values as of the date of marriage. SAIDIS, FLOWER & LINDSAY 1 Carol J. Lindsay, o. 44693 Supreme Cou Veet 26 West High Carlisle, PA 17013 717-243-6222 Dated: March 31, 2008 SAIDIS, FLOWER & LINDSAY ?rrow?rsnruw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the 31" day of March, 2008, 1, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay,, Es I Supreme Court,ID . 44693 26 West High St eet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY AMRNM-AT- 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, Esquire, attorney for Carla D. Pratt, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lindsa- Eire, attorney for Carla D. Pratt SAIDIS, FWNVER & LINDSAY RMEWNW.-M 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the !`- f1 day of May, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY s ire Carol J. LindViD Supreme CoNo. 44693 26 West Higet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER &. LINDSAY 26 West High Street Carlisle, PA C? ..-?. . -? ??: . .. y ?"? ?..??. . "'iY f ? -^!• CARLA D. PRATT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, : DEFENDANT : NO. 07-5999 CIVIL ORDER OF COURT AND NOW, this 20th day of May, 2008, upon consideration of the Motion to Compel Discovery filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before June 10, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if a hearing, status conference or further Order of Court is required. By the Court, -?, u4 N\ M. L. Ebert, Jr., J. /Carol J. Lindsay, Esquire Attorney for Plaintiff Maria P. Cognetti, Esquire Attorney for Defendant bas eoPI" ES rn'2A t&L 5?20?08 ?ryl MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent CARLA D. PRATT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2007-5999 ANTHONY MICHAEL PRATT, CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE/CUSTODY NOTICE TO DEFEND TO: Carla D. Pratt c/o Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle PA 17013 You are hereby notified to file a written respond to the enclosed Answer to Motion to Compel Discovery with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: June 6, 2008 MARIA P. COGNETTI & ASSOCIATES By: AU4 MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent CARLA D. PRATT, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, Defendant/Respondent DOCKET NO. 2007-5999 CIVIL ACTION -LAW IN DIVORCE/CUSTODY ANSWER TO MOTION TO COMPEL DISCOVERY WITH NEW MATTER AND NOW, comes Defendant, Anthony Michael Pratt, by and through his attorney, Maria P. Cognetti, Esquire, and files this Answer to Motion to Compel Discovery with New Matter, and in support thereof avers as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. DENIED. It is specifically denied that thirty days have passed and Respondent has failed to produce the documents requested. Although, Respondent responded late to Plaintiff s requests, he has now thoroughly complied. NEW MATTER 5. Paragraphs 1 through 4 of Petitioner's Motion to Compel and Respondent's Answers thereto are incorporated herein as if set forth at length. 6. On or about May 15, 2008, Respondent received a copy of Petitioner's Motion. 7. Prior to receipt of Petitioner's Motion, Petitioner's counsel provided Respondent with no advance warning or notice of her intent to file the instant action. 8. Immediately on May 15, 2008, Respondent's counsel advised Petitioner's counsel that Respondent's discovery responses were complete and just awaiting a Verification from Respondent. 9. Respondent advised Petitioner that she could immediately have Respondent's discovery minus the Verification if she desired, and that Respondent would supplement said discovery upon receipt of the Verification. 10. Petitioner advised that she preferred to have the discovery once the Verification could be attached. 11. Even though Petitioner has received Respondent's discovery, Petitioner, in spite of numerous requests to do so, has not withdrawn her Motion. 12. By letter dated, May 29, 2008, Petitioner's counsel states that she would be meeting with her client that afternoon to determine if Petitioner was in possession of the joint tax returns and to determine what, if anything, she felt was still outstanding, i.e. more recent financial statements. 13. On June 3, 2008, Respondent received a letter from Petitioner outlining four items which she believed to be deficiencies in Respondent's responses; however, said items were either provided with Respondent's original responses or were outside the scope of Petitioner's original Request. 14. In spite of Petitioner's claims in her letter of June 3, 2008, Respondent has done everything he can to comply with Petitioner's requests up to this point. 15. Petitioner's counsel has ignored the principles of the Code of Civility as set forth by the Pennsylvania Supreme Court by failing to "act in a manner consistent with the fair, efficient and humane system of justice and treat all participants in the legal process in a civil, professional and courteous manner at all times." 204 Pa. Code § 99.3(1). 16. A simple courtesy telephone call could have avoided the need for Petitioner's Motion altogether. 17. Because of Petitioner's actions, Respondent has been forced to expend additional sums of money defending the allegations contained within Petitioner's Motion. 18. Respondent has expended the sum of $1,000.00 in his defense of the aforementioned Motion and the preparation of the instant response. 19. Respondent believes, and therefore avers, that he is entitled to attorneys' fees, costs and expenses as a result of Petitioner's actions. WHEREFORE, Respondent respectfully requests this Honorable Court deny the relief requested by Petitioner and award him attorneys' fees in the amount of $1,000.00. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES K Date: June 6, 2008 By: MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent VERIFICATION I, Anthony Michael Pratt, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. It" L 9,, ANTHO Y MICHAEL PRATT DATE: CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that on June 6, 2008, I served a true and correct copy of the foregoing Answer to Motion to Compel with New Matter at the address indicated below: Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Service bv• Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of Cumberland County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: June 6, 2008 By; MARIA 4fftTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent f`' a J G CARLA D. PRATT, PLAINTIFF V. ANTHONY MICHAEL PRATT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5999 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this day of July, 2008, the petition of Carla D. Pratt to move Payton N. Pratt and Christopher M. Pratt to Fort Worth IED. By the, Court, j Edgar B. Bayley, J. Carol J. Lindsay, Esquire For Plaintiff Marie P. Cognetti, Esquire For Defendant :sal P 00 CARLA D. PRATT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, DEFENDANT : 07-5999 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., July 8, 2008:-- Carla D. Pratt, age 39, and Anthony Michael Pratt, age 49, are the parents of Payton N. Pratt, age 13, born September 1, 1994, and Christopher M. Pratt, age 10, born June 1, 1998. The mother seeks primary custody of Payton and Christopher and permission to move them to Texas. The father seeks primary custody of the children and is opposed to their moving to Texas. Hearings were conducted on June 16 and 19, 2008. The parents were married on August 23, 1997. It was the father's first marriage. He is the father of a daughter, Jeanine, age 32, whose mother he did not marry.' It is the mother's second marriage. Her first husband, whom she divorced, is Payton's natural father. Anthony Pratt adopted Payton when she was three years old. The father is a partner in a law firm in Philadelphia. He earned $435,000 in ' Jeanine and her husband live in Landstown, Pennsylvania. She is pregnant and has a daughter, Jaelyn, age 8. She and her father have a close relationship. Jeanine knows Payton and Christopher well. 07-5999 CIVIL TERM 2007, and anticipates an increase this year. The mother, until she resigned as of June 13, 2008, was a law professor and an associate dean at the Dickinson School of Law of Penn State University in Carlisle. She started there on July 1, 2000, and obtained tenure in May, 2007. She had an annual income of $152,600: $119,000 in salary plus $33,600 for research and her duties as Associate Dean. The mother and father were both working for law firms in Philadelphia when they were married in 1997. When Payton was born the mother reduced her time at work to approximately sixty-five percent. The mother wanted a career in education. Upon obtaining the position at Dickinson in the summer of 2000, she rented an apartment in Carlisle and moved with Payton. Christopher stayed with his father in Philadelphia. The mother went to Philadelphia each weekend and on some weekday evenings. In mid-2001, Payton moved back with the father in Philadelphia. The father's brother lived in the back of the home they were living in. He, the father's daughter Jeanine and her husband, and babysitters helped him with the children. The mother continued to come to Philadelphia each weekend and some weekday evenings. The father left his law firm in the summer of 2002 to work for the Honeywell Corporation near Morristown, New Jersey. The mother left her position at Dickinson and moved with the father and the children to New Jersey. She took some limited part- time work. In May, 2003, the father left Honeywell and returned to his law firm in Philadelphia. In June, 2003, the mother returned to Dickinson. The parents leased a home in Carlisle into which Payton and Christopher moved. At the end of the summer, -2- 07-5999 CIVIL TERM Christopher went to kindergarten and Payton to elementary school. The father started coming to Carlisle each weekend and some weekday nights. The parents built a five bedroom home on a one and a half acre site in Dickinson Township into which they moved in October, 2004. They hired an au pair from Brazil between April, 2006, and February, 2008. She worked weekdays and provided some help on weekends. The father's law firm has an office in Harrisburg out of which he has occasionally worked. The father became Vice-Chancellor of the Philadelphia Bar in 2006. He became Chancellor in 2008 for a term that will be completed at the end of December. This position is demanding of his time although he has continued to return home every weekend, all holidays, and some weekday nights.Z When he is not home, he talks by phone most days with each child. In February, 2008, the mother accepted a position starting this summer as a law professor at Texas Wesleyan University School of Law in Fort Worth, Texas. Her annual income will be $118,000 with a $15,000 research stipend if she publishes but only $5,000 if she does not publish. She intends to publish. She has leased a three bedroom house for one year in North Richland Hills, a suburb of Fort Worth. If Payton and Christopher are living with her, she will send them to schools in the local school district which she believes is equivalent to the Carlisle School District where they have been attending. Payton will be in eighth grade and Christopher in fifth grade. 2 The mother was supportive of the father becoming Chancellor because they both knew that it would create many business opportunities for him. -3- 07-5999 CIVIL TERM The mother told the father in May, 2007, that she wanted a divorce. She filed a divorce action in October, 2007, and told him that she was thinking about moving. She told him just before Christmas that she was leaving. He did not learn until this June that she was definitely going to Texas. For the last ten months, the mother has seldom been home when the father has been there on weekends. She was not there from Christmas Evening until New Year's Day or from May 21 to June 8. The mother testified she was moving to Texas on June 21 even if her petition to bring Payton and Christopher is denied. She testified that the children are staying with the father this summer. Payton is attending a drama program in Carlisle that runs through July 14. From July 27 to August 17 she will be at a theatre camp in upstate New York. Christopher is already in a YMCA camp for approximately four weeks, and after that he will be attending a computer camp. The mother grew up on the Oklahoma -- Texas border in an area that is approximately an hour and three-quarter drive time from Fort Worth. Her parents are deceased. She owns the farm on which she was raised and she visits there with Payton and Christopher for about a month each summer. The father has routinely joined the family during part of these visits each summer. The mother has a half-sister Carla Cheval, who lives about a twenty-five minute drive from where she will live in Fort Worth. Carla is single, lives with her daughter Kaitlyn, and operates a gift basket business out of her home. She testified that she will help the mother if needed. The mother has a cousin, Renee, who lives about a forty-five minute drive from Fort Worth. -4- 07-5999 CIVIL TERM She has numerous other relatives who live approximately a one hour forty-five minute to two hour drive from Fort Worth. The mother testified that it has been hard for her in Carlisle, she has been sick a lot, and she needs the emotional and physical support of her family. She has always wanted to return to the area of her roots.3 She testified that positions as a professor at law schools are not always available. Taking the position at Texas Wesleyan is her opportunity to return to the area where she wants to live. She believes there will be a "trickle down effect" that will benefit Payton and Christopher because of the positive effect of her living and working in Texas where she will have the support of her extended family.' The father testified that all of the different living arrangements of the children were with the approval and support of the mother. The mother did not disagree, although she testified that on occasions she asked the father to move his law practice to his firm's Harrisburg office, at least part-time. He denied that. The father testified that if he is granted custody of Payton and Christopher he will live full-time in the home in Carlisle. He believes that the best thing for the children is for them to remain in She called a witness who went to law school with her who testified that even then she wanted to return to her roots. 4 The mother also testified that the focus at Dickinson is shifting to its campus at State College. She is not willing to move Payton and Christopher to State College. Notwithstanding, the Dickinson campus in Carlisle is being rebuilt and expanded, and there is no credible evidence that the mother's tenured position in Carlisle is at risk such that it would be in her best interest to work elsewhere. -5- 07-5999 CIVIL TERM Carlisle. He will start transferring his work to the Harrisburg office of his law firm, and by mid-September he expects to work there full-time. He does not believe this will reduce his current client base or decrease his income, although it will be more difficult for him to increase his client base. He plans to take off two weeks at the beginning of the school year. After that he will be there on all weekends and at least two days a week until the end of the year. The mother's Aunt Beverly, who lives in Oklahoma, will come to Carlisle for some periods to help him. The father also has a sister who will help. He will never leave the children unattended.5 The father acknowledges that the children will miss their mother, but he believes it will be worse for them if they move to Texas. Since October, 2006, the mother has been undergoing therapy with Edward Franko, a clinical psychologist. The therapist has primarily dealt with her dissatisfaction and emotional concerns about her marriage. The father, who suffers from insomnia, also undergoes therapy. He is stressed and anxious and has some depression although no functional problems. The family belongs to a church in Carlisle but they do not attend regularly. Payton and Christopher are both excellent students although Payton's grades slipped in the last quarter. Both parents attribute this primarily to the current family turmoil. The mother and father have both been involved in attending school activities and functions ' Most of the father's family, including his mother, live in the area of Uniontown, Pennsylvania. While the children know these family members they are not as close to them as they are to members of the mother's family. -6- 07-5999 CIVIL TERM although the mother has done a little more. Christopher likes sports and electronics, and he plays the drums. Payton particularly likes to swim. She likes drama and being with her friends. Both parents acknowledge that Payton can sometimes be difficult which they attribute to her starting her teenage years. Arnold Shienvold, Ph.D., an experienced psychologist who specializes in custody issues, conducted a custody evaluation. He found both Payton and Christopher to be bright, articulate, well-rounded and sophisticated for their ages. They love both their parents and have no significant preference of one over the other. They both have resiliency. They both prefer to stay with their father in Carlisle, Payton even more than Christopher. Payton recognizes that both parents can care for her, but it would be really upsetting to her to move as she is focused on school, friends and activities. Christopher also has child-focused interests. Dr. Shienvold believes that the preferences of the children are real and not influenced by either parent. It is the opinion of Dr. Shienvold that it is not in the best interest of the children to relocate them to Texas. He testified that the literature generally recognizes that when a parent moves a child a significant distance from the other parent it is often difficult and disruptive for the child. He believes that there will be more disturbances and risk in moving the children than with them staying with their father in Carlisle. He does not believe a move to Texas will provide benefit to the children. LEGAL PRINCIPLES In Gruber v. Gruber, 400 Pa. Super. 174 (1990), the Superior Court of -7- 07-5999 CIVIL TERM Pennsylvania set forth three factors for consideration in determining whether a parent should be permitted to relocate children outside of the geographical area of the non- custodial parent: 1. The potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent. 2. The integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it. 3. The availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. In Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), the Superior Court set forth that it has consistently held that Gruber "refines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." In Collins v. Collins, 897 A.2d 466 (Pa. Super. 2006), the Superior Court stated that when there is no final custody order in place when a parent files a petition to relocate a child, the trial court must scrutinize the custodial environment offered by each parent without favoring one or the other, as part of the requisite best interest analysis. The focus of the court must be on determining which parent and which living situation provides a familial setting that better serves the children's best interest. Id. As to the first Gruber factor, the Superior Court stated in Anderson v. McVay, 743 A.2d 472 (Pa. Super. 1999): A court need not consider only economic benefits when determining whether relocation substantially improves the quality of life of the parent.... Rather, "when the move will significantly improve the general quality of life for the custodial parent, indirect benefits flow to the -8- 07-5999 CIVIL TERM children with whom they reside." This is because "the best interests of the child are more closely aligned with the interest and quality of life of the custodial parent." ... [T]here is no need ... to show an independent benefit, apart from that of [the moving party], flowing to the children because of the relocation. See Zalenko v. White, 701 A.2d 227, 229 (Pa. Super. 1997). (Other citations omitted.) While a court should consider expert testimony it is not obligated to accept the conclusions of an expert. See Masser v. Miller, 913 A.2d 912 (Pa. Super. 2006). Although the express wishes of a child are not controlling, such wishes do constitute an important factor that must be carefully considered in determining the child's best interest. Id. The child's preference must be based upon good reasons, and the child's maturity and intelligence must also be considered. Id. DISCUSSION Carla Pratt and Anthony Pratt are very capable individuals and excellent parents. Given their unique working arrangements over the years, they both at all times have maintained a close involvement in all aspects of the lives of Payton and Christopher. The children love both parents and do not favor one over the other. Although young, they are age appropriate and for understandable and good reasons they both prefer to live with their father in their home in Carlisle rather than move with their mother to Fort Worth, a city to which they have no connection. The younger Christopher is only eight years from completing high school. The mother is only 39 years old. She is taking a minimum $13,600 reduction in income in her new position which offers no increased opportunity for professional advancement over that which she had at Dickinson. Even -9- 07-5999 CIVIL TERM though the mother never lived in Fort Worth, her decision to move there is driven by her desire to return to the region of her roots. Her half-sister Carla and her cousin Renee are in the general area of where she will be living. The rest of her family, and her farm, are up to a two hour drive away. While the mother's moving to Fort Worth is not a momentary whim, to move there out of a desire to return to her roots and because of her perceived need for family support does not convince us that the potential advantages will substantially improve the quality of her life and the lives of Payton and Christopher. We agree with Dr. Shienvold that there will be more disturbances and risk in moving Payton and Christopher to Fort Worth than with them staying in their home with their father in Carlisle. The children have always had extra care providers. The arrangements the father will make in Carlisle along with the direct care that he will provide in the children's home will be in their best interest. The father's motives in opposing moving the children to Fort Worth are well founded. The mother's motives in moving the children to Fort Worth are founded upon what she feels is best for her, which she believes will provide a trickle down benefit to the children. With the mother living in Fort Worth and the children living with their father in Carlisle, it will be much easier for her to have realistic, substitute visitation arrangements than it will be to provide them to him. One of the real benefits of the mother's employment is the substantial amount of time she has off, not only each summer but also during the course of each school year. The children are already used to spending a month with -10- 07-5999 CIVIL TERM her at her farm in Oklahoma. The mother's schedule for the upcoming school year requires only three days each week of classroom teaching. The parents have ample means. Thus, besides there being significant periods of time when Payton and Christopher can be with the mother in Texas, she should be able to visit with them on occasions in Carlisle.' For the foregoing reasons, we will enter the following order denying the petition of the mother to move Payton and Christopher to Fort Worth, Texas. ORDER OF COURT AND NOW, this day of July, 2008, the petition of Carla D. Pratt to move Payton N. Pratt and Christopher M. Pratt to Fort Worth, Texas, IS DENIED. By,pe'Court, Edgar B. Bayley, J. , Carol J. Lindsay, Esquire For Plaintiff Marie P. Cognetti, Esquire For Defendant :sal 6 The parents agree that no matter which way the court rules on the mother's petition to move Payton and Christopher to Texas, they will work privately to make arrangements for the parent out of primary physical custody to be with the children. -11- JAN 7 2009 CARLA D. PRATT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2007-5999 ANTHONY MICHAEL PRATT, CIVIL ACTION -LAW Defendant IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this Ok day of 200'R the parties having appeared, with their counsel, on Defendant's claim for custody and Plaintiff's request for relocation, and the Court having taken testimony with regard to same, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of their children, Payton N. Pratt, born September 1, 1994, and Christopher M. Pratt, born June 1, 2008. 2. Anthony Michael Pratt, hereinafter "Father," shall have primary physical custody of the parties' children. 3. Carla D. Pratt, hereinafter "Mother," shall have partial physical custody of the parties' children in accordance with the following schedule: a. Every summer from one week after school is out until three weeks before school resumes; b. For Thanksgiving break, in odd numbered years, from the close of school until the evening before school resumes, with Father having custody during the even numbered years; C. Every Easter /Spring Break from the close of school until the day before school resumes; d. For the Christmas holiday, in even numbered years, Mother shall have from the day school is out for the holiday until the day before school resumes. In odd numbered years, Father shall have from the day school is out for the holiday until December 26th and Mother shall have from December 26th until the day before school resumes. e. For so long as Mother continues to reside in Texas, unlimited weekends and extended school holidays to be exercised in Pennsylvania, provided that Mother gives Father 14 days advanced written notice of the weekends on which she will be exercising custody and Father does not have prior plans with the children. Written notice may include email. f. Mother may also exercise other visits with the children, not specifically enumerated above, in Texas. These visits shall occur no more frequently than one time in any given month. Mother shall give Father 30 days advanced written notice of the weekends on which she will be exercising custody in Texas. Unless Father has prior plans with the children, he shall cooperate with Mother, to the fullest extent, to facilitate these visits. When custody is to be exercised in Texas, Mother shall arrange for the children to fly in and out of either the Harrisburg airport, Philadelphia airport or the Baltimore airport. Father shall be responsible for the drop off and pick up of the children from the appropriate one of these airports. Written notice, as set forth above, may include email. g. At such other times as the parties can agree. ? i 4. The children shall have liberal telephone and email contact with the non-custodial parent. 5. Neither party shall do or say anything that would tend to injure the love, respect, and admiration the children have for either party. Concurrence: .4y 7 Carol I Lindsay s wire for Carla D. Pratt BY THE eOURT, . Edgar B. Bayley, Maria P. ogn Esquire for Anthony Michael Pratt vl.w_ CEp ?t CQi 7 Sr)*: 4z u C? y G ? MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant/Petitioner CARLA D. PRATT, Plaintiff/Respondent V. ANTHONY MICHAEL PRATT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2007-5999 CIVIL ACTION - LAW IN DIVORCE/CUSTODY ASSIGNED JUDGE: EDGAR B. BAYLEY PETITION FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO Pa.C.S.A. -43502(c) AND NOW, comes Defendant/Petitioner, Anthony Michael Pratt, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Interim Exclusive Possession of Marital Residence Pursuant to Pa.C.S.A. §3502(c), and in support thereof, avers as follows: I. Defendant/Petitioner is Anthony Michael Pratt (hereinafter "Husband"), an adult individual who resides at 99 Ashton Street, Carlisle, Cumberland County, Pennsylvania, the marital home. 1 2. Plaintiff/Respondent is Carla D. Pratt (hereinafter "Wife"), an adult individual who currently resides at 5936 Dripping Springs Court, North Richmond Hills, Texas. 3. Husband and Wife were married on August 23, 1997, in Philadelphia, Pennsylvania. 4. Husband and Wife separated in May, 2007, but remained living together in the marital home until June, 2008, when Wife relocated to her current address in Texas. 5. Husband and Wife are the parents of two minor children, Payton N. Pratt, born September 1, 1994, and Christopher M. Pratt, born June 1, 1998. 6. Husband has had primary physical custody of the parties' minor children since June, 2008 and pursuant to an Order of Court dated January 29, 2009. 7. Wife filed a Complaint for Divorce on October 12, 2007. 8. Husband filed an Answer and Counterclaim to said Complaint on October 25, 2007. 9. The parties are the owners, as tenants by the entireties, of the real estate situated at 99 Ashton Street, Carlisle, Cumberland County, Pennsylvania (hereinafter "Marital Residence.") 10. The Marital Residence is the only home the parties' children have known since moving there in 2004. 11. In February, 2008, Wife filed a Petition for Relocation seeking to move with the children to Texas. Said Petition was denied on July 8, 2008. 12. Regardless of the outcome of her Petition for Relocation, Wife had made a decision to relocate to Texas with or without the children and did so in June, 2008, prior to the receipt of the Court's final ruling. 2 13. In approximately November, 2008, Wife decided that she wanted to move back to Pennsylvania, and indicated to Husband that she would be doing so in approximately June, 2009. 14. Since Wife's departure in June, 2008: a. Husband has had primary physical custody of the parties' children and has been the sole financial provider for them; b. Husband and the parties' children have enjoyed exclusive use of the Marital Residence; c. Husband has been financially responsible for the preservation and maintenance of the Marital Residence; and d. Wife has proven she has the financial ability to live on her own. 15. Husband has attempted to resolve the financial aspects of the parties' divorce since being notified that Wife will be returning to Pennsylvania. 16. Wife has indicated her desire to move back into the marital home upon her return. 17. Section 3502(c) of the Divorce Code states that, with regard to the equitable division of the family home, "[t]he court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 18. Section 3323(f) of the Divorce Code states that: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 3 19. During the prior period of time the parties' resided together, while separated, the living situation was becoming intolerable. Illustrations of such are as follows: a. The parties constantly bickered, sometimes in front of the children; b. Wife would regularly leave the Marital Residence for periods of time and not tell anyone what she was doing or where she was going, thereby causing Petitioner and the children further anxiety and stress; and c. Wife would make negative comments about Husband to the children. 20. An award of interim exclusive possession of the Marital Residence will enable Husband and the children to live in the Marital Residence without fear of interference by Wife. 21. Allowing Husband to remain in the home with the parties' children provides them with stability consistent with what is in their best interest. 22. If Wife were permitted to return to the Marital Residence, it would interfere with Husband's and the children's peaceful enjoyment of the home which they have had for almost one year. 23. Wife's economic interest in the Marital Residence is preserved by the divorce and can be adjusted during the equitable distribution phase of the proceedings. 24. Unless Husband is granted interim exclusive possession of the Marital Residence, his emotional and psychological well-being, as well as that of the children, will be compromised. 25. Husband believes, and therefore avers, that the aims of the Divorce Code would be best served by awarding him and the children the right to live in the Marital Residence without intrusion or interference by Wife. 4 26. The custody proceedings in this matter were previously heard by the Honorable Edgar B. Bayley. 27. Wife's counsel does not concur with the filing of this Petition. WHEREFORE, Petitioner requests this Honorable Court grant him interim exclusive possession of the Marital Residence until the conclusion of the divorce proceedings. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Dated: April 20, 2009 By: ` MA#YP. COGNETTI IRE v Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner 5 VERIFICATION I, Anthony Michael Pratt, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. VJ'ANTHO Y MICHAEL PRATT DATE: ?/a0 Fla CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Interim Exclusive Possession of Marital Residence at the address indicated below: Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Service by: Personal service via hand delivery X_ Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES 4 Date: April 20, 2009 By: ?. M WA . COGNETTI UIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner OF THII, : 21Lv i R CZ"i CARLA D. PRATT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, DEFENDANT 07-5999 CIVIL TERM ORDER OF COURT AND NOW, this _Z,_1 day of April, 2009, IT IS ORDERED that a hearing shall be conducted on the within petition for exclusive possession of a marital residence in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Friday, June 12, 2009. Pending said hearing, Anthony Pratt shall have temporary exclusive possession of the marital residence. By the C91trt-,, Edgar B. Bayley, J. /arol J. Lindsay, Esquire For Plaintiff Maria P. Cognetti, Esquire For Defendant sal ? t '?; -_ ?? `- =-fir cam,- .?_ - - c:_. , _ ..r ?'.': _ W ?... .. rt fMl ? C+?! J G-L. G"y .l ? C."? "- ? ? y ?y CARLA D. PRATT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-5999 CIVIL TERM ANTHONY MICHAEL PRATT, Defendant IN DIVORCE ORDER OF COURT SAWIS, FLOWER & LINDSAY ARDIWIPYL-AW 26 West High Street Carlisle, PA r- AND NOW, this 15 day of June, 2009, upon consideration of the request of counsel, the hearing set for Friday, June 12, 2009 is hereby continued to the /day of JAA 2009 at /0 •tb o'clock _.6_M in Courtroom Number 2 of the Cu berland County Courthouse. Pending the hearing, the Order of April 27, 2009 shall remain in full force and effect. ALED-- ;)t-Fi OF THE P^'`)T?l7,M;')TAPY 2009 1114 15 M f f: 2 7 nr-, F o"'p, m-aL'6L -L 1; 4- ___lll "Mi 14? M. 0,.Fze4(* ? y CARLA D. PRATT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVA NIA v CIVIL ACTION -LAWS. • ° '' - NO. 07-5999 CIVIL TERM ~ ~ ANTHONY MICHAEL PRATT , n *;'V" ~ + , Defendant IN DIVORCE ~ `~ c..~ }i~~ ~, t -- "' ~ `_; -' ~}y ... tiJ ~; ry ~ ~ PRAECIPE TO WITHDRAW APPEARANCE ~ ~' -t c> TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the Plaintiff, Carla D. Pratt. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Linds squire Supreme Co rt No. 44693 26 West High treet Carlisle, PA 17013 717-243-6222 Dated: (p/z~ j/~ PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Carla D. Pratt, in the above FLOWER 8z I.~IVDSAY 2G West High Street Carlisle, PA captioned case. Carla D. Pratt, Esquire, pro se 115 Courtyard Drive Carlisle, PA 17013 Dated: (~ /Z~'/ja ? "1! r71:0 -OFFiCE I d t !.,, t?. tJ i u ! i ' j 1 Ili . , C.".. ;<4 41" YLV?' kilt CARLA D. PRATT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, Defendant : DOCKET NO. 2007-5999 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 1, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: -/,o _ CARLA D. PRATT FILED-OFFICE F , HE - 1`0 T HON1 4 3 ?F r1 CIUMBERLAND Co[.J! ? V CARLA D. PRATT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, Defendant DOCKET NO. 2007-5999 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are 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: -17-1c) -, C, ?,-- - -1 CARLA D. PRATT FILED-OFFICE THE FRO T*"10?``)Ti",7' ?EP Cat PH :. • ?",? .1M_BERLk'A1D COUN; CARLA D. PRATT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, Defendant DOCKET NO. 2007-5999 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 1, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 4 FILED-OFFICE (?F THE PPO T HOKJOT,e,`t- iU, SE," 24 PN CIU{'BERI.,ND C UIIIT ,- E7a 4 IN!N'^ rn fib k?. ?4 CARLA D. PRATT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY MICHAEL PRATT, Defendant DOCKET NO. 2007-5999 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are 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: TT FILED-OFFICE 01- 5999 twTeft !_ SC' Pi , O PROPERTY SETTLEMENT AGRMfi? , O CC nd THIS AGREEMENT, made this day of S rAber, 2010, by and between ANTHONY MICHAEL PRATT, of Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND ") and CARLA D. PRATT, of Cumberland County, Pennsylvania (hereinafter referred to as "WIFE "): WITNESSETH: WHEREAS, the parties were married on August 23, 1997, in Philadelphia County, Pennsylvania; and WHEREAS, the parties are the parents of two children, namely, Payton N. Pratt, born September 1, 1994, and Christopher M. Pratt, born June 1, 1998; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, A P CDP receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 4e A P CDP 2 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either parry hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 2007-5999, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to immediately 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 at the same time as they execute this Agreement. Said Affidavits shall be filed promptly upon the execution of this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as 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 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 AMP CDP 3 Agreement and all of its covenants shall not be affected in any way by 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 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. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at 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. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless AMP CDP 4 otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each 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, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or 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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and A P CDP 5 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. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI, Esquire, for HUSBAND and CAROL J. LINDSAY, Esquire, for WIFE. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this 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 proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as 4AP CDP 6 may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: WIFE agrees to pay and be solely responsible for any credit cards titled exclusively in her name. WIFE also agrees to pay and be solely responsible for any outstanding school loans in her name. WIFE agrees to indemnify and hold HUSBAND harmless from any and all liability associated with said debts, and to remove HUSBAND'S name from any of the aforementioned debts that are jointly titled within thirty (30) days of the within agreement. HUSBAND agrees to pay and be solely responsible for the debt owed to U.S. Airways MasterCard, the National Bar Association Bank of America Credit Card, and the American Express Credit Card as well as any other credit cards titled exclusively in his name. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability associated with these debts, and to AMP CDP 7 remove WIFE'S name from any of the aforementioned debts that are jointly titled within thirty (30) days of the within agreement. The parties hereto mutually represent to each other that neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this Agreement. Unless and except as otherwise specifically set forth in this Agreement, all debts, obligations or liabilities incurred at any time by either of the parties in their individual or joint names, shall be the responsibility of the party who incurred such debt, obligation or liability. 13. PERSONAL PROPERTY: The parties hereby divide their personal property, including but not limited to, household goods and furnishings, personal effects and all other items of personal property used by them in common as follows: WIFE shall become sole owner of all jewelry acquired by her during the marriage. All other items of personal property have been divided satisfactorily by the parties and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other except as specifically addressed herein, and which shall become the sole and separate property of the other from the date of execution hereof. AMP CDP 8 14. MARITAL HOME: WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 99 Ashton Street, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agrees to execute a deed conveying her interest to HUSBAND on the execution date of this Agreement. Except as otherwise provided herein, commencing on the execution date of this Agreement, HUSBAND shall, from March 2007 forward, be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence including, but not limited to, the mortgages, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from WIFE's ownership interest in said property. WIFE agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect HUSBAND as sole owner thereof and further agrees that HUSBAND shall be entitled to receive any payments now or hereafter due under any such insurance policies. AMP CDP 9 15. OKLAHOMA PROPERTY: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 72 White Road, Calera, Oklahoma, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to execute a deed conveying his interest to WIFE on the execution date of this Agreement. Except as otherwise provided herein, commencing on the execution date of this Agreement, WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence including, but not limited to, the mortgage, taxes, insurance premiums and maintenance and WIFE shall keep HUSBAND and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or result from HUSBAND's ownership interest in said property. HUSBAND agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Oklahoma property shall be endorsed to reflect WIFE as sole owner thereof and further agrees that WIFE shall be entitled to receive any payments now or hereafter due under any such insurance policies. A° P CDP 10 16. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 17. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, individual retirement accounts, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. WIFE hereby covenants and agrees that she will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that HUSBAND may receive said benefits as if he were never married. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, individual retirement accounts, savings and thrift plans, annuities and/or retirement benefits through her present or past employer shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. HUSBAND hereby covenants and agrees that he AMP CDP 11 will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 2007 BMW X5 shall be and remain the sole and exclusive property of WIFE; and b. The leased 2008 Lexus, which replaced the Toyota Avalon, shall remain the leased vehicle of HUSBAND. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 19. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. &AP CDP 12 20. COUNSEL FEES: Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. Each party indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. 21. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. In addition, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. The parties also acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 22. INCOME TAX PRIOR RETURNS: The parties have heretofore, through tax year 2008, filed joint Federal and State tax returns, for which all outstanding taxes, penalties and interest have been paid. For tax year 2009 the parties haved jointly filed for an extension and Husband agrees that he will be responsible for the taxes due on that return. Both parties agree that in the event any deficiency in Federal, state or loca income z %? AMP CDP 13 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 who is the cause of the misrepresentation or failure to disclose the nature and extent of his or her separate income on the aforesaid tax returns. In the event that it is unclear which of the parties is the cause of the misrepresentation, the parties will share the tax, interest, penalty or expense in proportion to their individual adjusted gross incomes to the combined income in the year the Internal Revenue Service, Pennsylvania Department of Revenue, or any local tax authority provides a demand for payment. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 24. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives ??? A P CDP 14 from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 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 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 reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. P CDP 4A 15 Each party 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 interests, rights and claims. 28. 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. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that although there has been formal discovery conducted in their pending divorce action neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said 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 said asset. C1.9 -ACDP 16 Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 32. 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. 33. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 34. MODIFICATION AND WAIVER: 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 MP 2CDV 17 to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. iP CD4plo P 18 CARLA D. PRATT COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF Do o ph i h ) On this, the L1; day of ?^ , 2010, before me, a Notary Public, the undersigned officer, personally appe red ANTHONY MICHAEL PRATT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (el ae'-?I"? N' S"K 01tary Public COMMONWEALTH OF PENNSYLVANIA NoWW Seal Jane M. Sladdsr, Notary Public City of HaMMM, Dauphin County My Commission Expires July 22, 2012 COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania As«riation of NoteriAe ) )SS: COUNTY OF ) 61fAbeY1d4\J On this, thecxbC1 day of 2010, before me, a Notary Public, the undersigned officer, personally appeared CARLA D. PRATT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL Susan J. Lamma, Notary Public Borough of C#Aissle, Cumberland County My Cornmisslon Expires May 2, 2013 CARLA D. PRATT, iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANTHONY MICHAEL PRATT, No. 2007-5999 DIVORCE DECREE AND NOW, ~ C.Cp~p Gf ~ , ~~ 1 ~ , it is ordered and decreed that CARLA D. PRATT, plaintiff, and ANTHONY MICHAEL PRATT, ,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 terms of the parties' Property Settlement Agreement dated September 2, 2010, and attached hereto are incorporated herein but not merged herewith. By the Court, Attest: ~, v~cl 6. duel/, Pro onotary ~~ /~~~.~ jD - ~ `~~ ~~~ ~ ~ ~ ~ ``~z