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Home My WebLink About08-3887YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3 ?-s/7 CIVIL TERM CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3 i S'-7 CIVIL TERM CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Yonette R. Walters, an adult individual who currently resides at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Richard K. Walters, an adult individual who currently resides at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 10, 1999 in Bloserville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT I - EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 8 of this Complaint. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT II - CUSTODY 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. The parties have one minor child of their marriage, Sarah Margrit Walters, born March 3, 2000, age 8. The child was born in wedlock. The child is presently in the custody of Plaintiff and Defendant at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania, 17015. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Yonette R. Walters and 31 Watson Drive 2000 to Richard K. Walters Carlisle, Pennsylvania 17015 Present The natural mother of the child is Yonette R. Walters, currently residing at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania, 17015. She is married to the Defendant. The natural father of the child is Richard K. Walters, currently residing at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania, 17015. He is married to the Plaintiff. 13. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Relationship Richard K. Walters Husband Sarah M. Walters Daughter 14. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Names Relationship Yonette R. Walters Wife Sarah M. Walters Daughter 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. N WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: ?' yO lj? 141hl Mich A. cherer, Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: Yonette R. Walters ? ???,??, ?; ?? /? ..a f y ? ?J ?/ l 5 f -? f i ? ? ? ? _' _ `i c? ?,' `? ? ?. ? _ ? ??? t?- ?, ?. 4 YONETTE R. WALTERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. RICHARD K. WALTERS DEFENDANT • 2008-3887 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 02, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 14, 2008 at 10:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john j. Mangan, jr., Esq. 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 frp --W- 14? ALNnCK} r r.ty-t?, 9S :3I iv c- ifs' ,It Jo I JUL o 1 2008 YONETTE R. WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 2008 - 3W CIVIL TERM RICHARD K. WALTERS, CIVIL ACTION-LAW Defendant ORDER OF COURT AND NOW, this the day of , 2008, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on the day of 2008 at A.M./P.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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 YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - ?ji 7 CIVIL TERM CIVIL ACTION-LAW CUSTODY COMPLAINT 1. Plaintiff is Yonette R. Walters, an adult individual who currently resides at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Richard K. Walters, an adult individual who currently resides at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents one minor children, namely, Sarah Margrit Walters, born March 3, 2000, age 8. The child was born in wedlock. The child is presently in the custody of Plaintiff and Defendant at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Yonette R. Walters and 31 Watson Drive 2000 to Richard K. Walters Carlisle, Pennsylvania 17015 Present The natural mother of the child is Yonette R. Walters, currently residing at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania. She is married to the Defendant. The natural father of the child is Richard K. Walters, currently residing at 31 Watson Drive, Carlisle, Cumberland County, Pennsylvania. He is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Relationship Richard K. Walters Husband Sarah M. Walters Daughter 5. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Names Relationship Yonette R. Walters Wife Sarah M. Walters Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and the parties shared legal custody. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and primary physical custody of the child. Respectfully submitted, Date: 6.30 -u 5 O'BRIEN, BARIC & SCHERER 11 Michbel A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ?o L? onette R. Walters > ^3 c -?, __ ..J ..r3 ? ;....s ?"'i • ?sArc? "i ?... Y 1 ?,? ?? cif; ? > .. r ..? .? ?.. ...L .? ABM &' ICLITLII.AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : 2008-3887 CIVIL TERM : CIVIL ACTION -LAW Please enter my appearance on behalf of the Defendant, Richard K. Walters, in the above- captioned matter. ABOM & KUTULAKIS, L.L.P. Date_ 7:4a' I V ? Y_' komp- - Michelle L. So er, Esquire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 rA CERTIFICATE OF SERVICE AND NOW, this *41 day of July, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Praecipe for Entry of Appearance by First Class U.S. Mail addressed to the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 A& 11k. .1 Michelle L. So err., Esquire C -p G N YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3887 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I hereby certify that on July 3, 2008, the United States Postal Service served upon the defendant, Richard K. Walters, the Divorce Complaint by Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached hereto as "Exhibit A." Date: 15- ° q Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff It I ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ¦ Attgch this card to the back of the mailpiece, or 6n the front if space permits. 1. Article Addressed to: R1 01a" K. NM+-Ws 81 Vhf Dim -b ?k?) CWbslil Yoi Wj 1-7015 A. Signature X ? Agent 0 Addre B. Received by ( printed Name) C. Date of Dell D. Is delivery address different from Rem 1? 0 Yes If YES, enter delivery address below: 0 No 3.; ce Type q? Cartffled Mail 0 EVress Mail LJ Registered 0 Return Receipt for MerchaAdise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Y? rticleNurn r 7006 2760 0002 7405 4060 I transfer from service label) _ --- PS Form 811, February 2004 Domestic Return Receipt 102595.02-M-1540 2 A "Exhibit A" ra 'S7 r' - .?k- L AUG 5 ZOO% YONETTE R. WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3887 CIVIL ACTION LAW RICHARD K. WALTERS, IN CUSTODY Defendant 411^ ORDER OF COURT AND NOW this 149 day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Richard K. Walters, and the Mother, Yonette R. Walters, shall have shared legal custody of Sarah Margrit Walters, born 03/03/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. v ? 2. Physical Custody: Mother and Father shall share physical custody pursuant to a two week repeating schedule as follows: a. In week one, Mother shall have physical custody of Sarah from Monday morning until Wednesday morning. Father shall have custody from Wednesday evening at 5:30 pm until Friday morning. Mother then shall have custody Friday evening until Monday morning. b. In week two, Father shall have physical custody of Sarah from Monday morning until Wednesday morning. Mother shall have custody from Wednesday evening at 5:30 pm until Friday morning. Father then shall have custody Friday evening until Monday morning. C. Both parents shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 10. A status update conference is hereby scheduled for November 17 ,2108 at 9:00 am with the assigned conciliator. Distribution: chael Scherer, Esquire ichelle Sommer, Esquire ,Jofm J. Mangan, Esquire J J. <:??? 1 90 -.6 WV 61 9nV $OOZ Hi fl 01-1 140-CITI HOLIDAYS AND SPECIAL DAYS T MS ODD YEARS EVEN YEARS Easter From 9 am until ? m Mother Father Memorial Da From 9 am until ? m Father Mother Independence Da From 9 am until 7 m Mother Father Labor Da From 9 am until ? m Father Mother Thanksgiving From 9 am until ? m Mother Father Christmas 1 s Half From 9 am on 12/24 to 2 pm on 12/25 Father Mother Christmas 2 Half From 2 pm on 12/25 to 7 pm on 12/26 Mother Father New Year's From 9 am until 7 pm (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until ? m Mother Mother Father's Da From 9 am until ? m Father Father Birthday From 9 am until 7 m I _i YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3887 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sarah Margrit Walters 03/03/2000 Father and Mother 2. A Conciliation Conference was held with regard to this matter on August 14, 2008 with the following individuals in attendance: The Mother, Yonette Walters, with her counsel, Michael Scherer, Esq. The Father, Richard Walters, with his counsel, Michelle Sommer, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquire Cus dy Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff NO. 2008-3887 V. RICHARD K. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE and CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Yonette R. Walters. Date: V I k 1 ('09 MICHAEL A. SCHERER, ESQUIRE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Yonette R. Walters. Date: Camp Hill, PA 17011 (717) 737-0100 3448 Trindle Road 4CD s° _ -0 W rn X- u, +?? W ORIGINAL Amended Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff NO. 2008-3887 V. : CIVIL ACTION - LAW RICHARD K. WALTERS, DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff NO. 2008-3887 V. : CIVIL ACTION - LAW RICHARD K. WALTERS, DIVORCE Defendant AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Couthouse, One Courthouse Square, Carlisle, PA 17013 SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff NO. 2008-3887 V. : CIVIL ACTION- LAW RICHARD K. WALTERS, DIVORCE Defendant AMENDED COMPLAINT IN DIVORCE Plaintiff, Yonette R. Walters by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Yonette R. Walters, an adult individual residing at 705 Mount Rock Road, Carlisle, Cumberland County, PA 17015 2. The Defendant is Richard K. Walters, an adult individual residing at 31 Walton Road, Carlisle, Cumberland County, PA. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 10, 1999 in Bloserville, Cumberland County, PA . 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. -1- 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 33010 Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. C. Section 3301(a)(6) Indignities: Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II CUSTODY 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. The parties are the parents of one minor child of their marriage, Sarah Margrit Walters, born March 3, 2000, age 8. 12. The child was born in wedlock. 13. The child is presently in the joint custody of the parties (50150), Plaintiff at 705 Mount Rock Road, Carlisle, Cumberland County, PA 17015 and Defendant at 31 Watson Drive, Carlisle, Cumberland County, PA 17015 14. During the past five years, the child has resided with the following persons at the following addresses: -2- PERSONS ADDRESSES DATES Yonette R. Walters 705 Mount Rock Road 6/25/08 to present Carlisle, PA 17015 Richard K. Walters 31 Watson Drive 6/25/08 to present Carlisle, PA 17015 Yonette R. Walters and 31 Watson Drive 1997-6/25/08 Richard K. Walters Carlisle, PA 17015 15. The natural mother of the child is Yonette R. Walters, currently residing at 705 Mount Rock Road, Carlisle, Cumberland County, PA 17015. She is married to the Defendant. 16. The natural father of the child is Richard K. Walters, currently residing at 31 Watson Drive, Carlisle, PA He is married to the Plaintiff. 17. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Sarah Margrit Walters Daughter Sharon and Rich Griffey Parents 18. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Sarah Margrit Walters Daughter 19. Plaintiff does not know of a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: -3- None. WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the child to the parties and primary physical custody of the child to the Plaintiff. COUNT III ESC UITABLE DISTRIBUTION 21. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 22. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage, all of which are "marital property" or "marital debts". 23. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 24. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT IV COUNSEL FEES. COSTS AND EXPENSES 25. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 26. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 27. In the alternative because of the improper conduct of the Defendant, Plaintiff has been forced ion incur unnecessary attorneys fees and costs and claim is made therefor. -4- 28. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees , costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, DUNE-G. RAPCLIFF, ESQUI Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -5- VERIFICATION Yonette R. Walters verifies that the statements made in this Complaint are true and correct. Yonette R. Walters understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. L/ M?L&Aq YON EVE R. WALTERS Date: 1o-1 _P8 -6- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Michelle L. Sommer, Esquire Abom £t Kutulakis 36 South Hanover Street Carlisle, PA 17013 (Counsel for Defendant) E G DCLIFF, ESQUIRE irney R istration No 32112) Camp Hill, PA 17011 Email: dianeradcliff0comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Plaintiff Dated: l 3 -7- Rt 14 11. r ?J t L? co t ci 0 -n 2 cry (PT, s C, ?tl }{'11 OM & LUTLULAKIS Michelle L. Sommer, Esquire AttorneyLD. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2008-3887 CIVIL TERM CIVIL ACTION -LAW ANSWER TO PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Richard K. Walters, by and through his attorney, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and files this Answer to Plaintiff's Amended Complaint in Divorce and in support thereof avers as follows: 1. 2. 3. 4. 5. 6. 7. 8. Admitted. Admitted. Admitted. Admitted. Admitted. Defendant is unable to admit or deny this averment. Admitted. The averments are answered below: a. Admitted. b. Admitted. Defendant is unable to admit or deny if Plaintiff will submit to an Affidavit alleging that the parties have lived separate and apart for at least two years and that the Plaintiff will admit that the marriage is irretrievably broken. c. Denied. It is specifically denied that the Defendant has offered such indignities to the Plaintiff that she is an innocent and injured spouse as to render her condition intolerable and her life burdensome and this action is not collusive. 9. The averment in paragraph 9 is a legal conclusion to which no response is required. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II - CUSTODY 10. The averment in paragraph 10 is a legal conclusion to which no response is required. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. The averment in paragraph 19 is a legal conclusion to which no response is required. 20. Admitted. WHEREFORE, Defendant requests this Honorable Court to grant shared legal custody of the child to the parties and joint physical custody of the child to Plaintiff and Defendant. COUNT III - EQUITABLE DISTRIBUTION 21. The averment in paragraph 21 is a legal conclusion to which no response is required. 22. Admitted. 23. Admitted. 24. Admitted. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT IV - COUNSEL FEES COSTS A EXPENSES 25. The averment in paragraph 25 is a legal conclusion to which no response is required. 26. Admitted in part and denied in part. It is admitted that Plaintiff has employed legal counsel, Diane Radcliff, Esquire, to represent her in this matter. However, it is specifically denied that the Plaintiff is unable to pay the necessary and reasonable attorney's fees for said counsel. (See attached 2007 W-2 for both the Plaintiff and Defendant hereby marked as Exhibit "A".) 27. Denied. It is specifically denied that Plaintiff has been forced to incur unnecessary attorney's fees and costs because of any improper conduct by the Defendant. 28. Denied. It is specifically denied that the Plaintiff has or will incur any additional costs including but not limited to various experts to appraise the parties' marital assets. The Plaintiff by way of Exhibit A in paragraph 26 Plaintiff makes a larger salary than the Defendant and should be able to pay the necessary and reasonable fees, costs and expenses associated with any additional costs, should there be any in the future. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff's request for counsel fees, costs and expenses either in the interim or in the future. Date m mog ABOM & KUTULAKIS, L.L.P. lima Michelle L. Sommer, Es e Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Defendant VERIFICATION I, RICHARD K. WALTERS, verify that the statements made in this Answer to Plaintiff s Amended Complaint in Divorce are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date '0 Z >> RICHARD K. WALTERS r 1 -.... .. .. T... -• _ Inlnrn?l QuYnn„n ?` , 4 - a Contn$ no. 1 Wages, tips, other co 2 Federal income tax withheld 96 64 . 7.08 12412.84 OMB No. 3 Social security wages 4 Social security tax withheld 1545-0008 70918.56 4396.95 5 Medicare wages and tips 6 Medicare tax withheld 70918.56 1028.32 Employer's name, address, and ZIP code Keen Transport Inc Box 389 New Kingstown, PA 17072 7 Social security tips 8 Allocated tips 9 Advance EIC payment 0.00 0.00 0.00 10Dependent care benefits 11 Nonqualified plans 128 See inst. for box 12 2D 2841.48 12b 12c 12d Employer identification number (EIN) Employyee's social security number 340701481 189-64-0618 13 Stat. Retirement Third 140ther14 PA EE SUI 63.99 empl. plan party sick pay X Employee's name, address, and ZIP code fuThis is IRS 9 Yonette Rochelle Walters if you are required to file a tax return, 31 Watson Drive negligence penalty Carlisle, PA 17013 or other sanction may be imposed on you ff this income Is taxable 8 you fait to report It, 2007 En ers state ID number 16 State wages, tips, etc. --------- ------70918.- - - 38-2099803 Form Wage Income tax 18 Local wages, tips, etc. etc' W-2 State t 2177.17 - 7091 8.56 -------- CopyC-For -------- EMPLOYEE'S m 20 Noti Em l Inco e tax 1170 Loceli name West Siore 1% pl ces too the back of Co --- -- -- Control no. 1 Wages, tips, other Federal income tax withheld 96 12412.84 OMB No. 3 Social security wages 4 Social security tax withheld 1545-0008 70918.56 4396.95 5 Medicare wages and tips 6 Medicare tax withheld 70918.56 1028.32 Employers name, address, and ZIP code Keen Transport Inc Box 389 New Kingstown, PA 17072 7 Social security tips 8 Allocated tips 9 Advance EIC payment 0.00 0.00 0.00 I Wependent care benefits 11 Nonqualified plans 2 2841.48 g 12b 12C 12d Employer identification number (EIN) Eniployee's social security number 340701481 189-64-0618 13 Stat. Retirement Third- 140ther14 PA EE SUI 63.99 empl. plan party sick pay I I X o ee's name, address and 31 Watson nve Carlisle, PA 17013 2007 5state Em loyers state to number 3 16 State wages, tips, etc. 18 83398------- [ ------70918.56 38-2099803 Form Wage and Tax 17 State income tax 18 Local wages, tips, etc. W-2 Statement 2177.17 70918.56 Copy 2-To Be Filed ------------ ----------- With Employee's 19 Local income tax 20 Locality name State, City, or Local 1170.27 West Shore 1% Income Tax Return. ------------ ----------- Deoartment of the Treasurv - Int emal Revenue Service T162 01116 "R 21.,C 1 fi ;/2008.7:45:43 PM r y h i Department ofreasur - Internal Rey enue Service Control no. Wages, tips, other cU14-84 00 2 Federal income tax withheld 4980 52 . 95 . OMB No. 3 Social security wages 4 Social security tax withheld 1545-0008 49575.00 3073.6'. 5 Medicare wages and tips 6 Medicare tax withheld 49575.00 718.8E Employer's name, address, and ZIP code Keen Transport Inc Box 389 New Kingstown, PA 17072 7 Social security tips 8 Allocated tips 9 Advance EIC payment 00 00 0 0 0.00 . . 10Dependenl care benefits 11 Nonqualified plans 128 See inst. for box 12 2D 2091.00 12b 12c 12d Emplo er identification number (EIN) 340?l61481 Em loyee's social security number 15? 52-3621 1 13 Stat. Retirement Third- 14other14 PA EE SUI 47.07 empl. plan party sick pay X Employee's name, address, and ZIP code ro Richard K Walters 31 Watson Drive Carlisle, PA 17013 2007 5 S ate 38-2099803 - - -? Form Waga and Tax W-2 StZment Co C - For EMPLOYEE'S RECORDS (See Notice to Employee on the back of Copy B.) or led io are re a tax i Em foyers state ID number 15 State wages, lips, etc. 18383398 49575.00 ----------- 7 State income tax 18 Local wages, tips, etc. 1521.96j . --_--49575.00 19 Local income lax lU Local; name -------- 817.99 West Shore 1% Control no. 1 Wages, tips, other Federal income tax withheld 54 4980 95 . OMB No. 3 Social security wages 4 Social security tax withheld 1545-0008 49575.00 3073.65 5 Medicare wages and tips 6 Medicare tax withheld 49575.00 718.89 Employer's name, address, and ZIP code Keen Transport Inc Box 389 ' New Kingstown, PA 17072 7 Social security tips 8 Allocated tips 9 Advance EIC payment 0.00 0.00 0.00 10Dependent care benefits 11 Nonqualified plans 2 2091.00 g 12b 12C 12d Employer identification number (EIN) Employee's social security number 340701481 159-52-3621 13 Stat. Retirement Third- 140ther14 PA EE SUI 47.07 empl. plan party sick pay I X Em to ee's name, address, and ZIP code 31 a on nve Carlisle, PA 17013 2007 15 Slate Employers state ID number 16 State wages, tips, etc. 9 75 00 PA - 18383398------- 5 . ------4 38-2099803 Form Wage and Tax 17 State income tax 18 Local wages, tips, etc. W-2 Statement 1521.96 - - - _ _ _ 49575.00 Copy 2 - To Be Filed With Employee's 19 Local income tax 20Localit name ? 1 State, City, or Local - - _ - _ - _ - 817.99 ----- ?- ?_...? iore West S ----------- [008 7:45:43 PM EXHIBIT F t A 3 AND NOW, this W day of October, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Answer to Plaintiff's Amended Complaint in Divorce by First Class U.S. Mail addressed to the following: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 U04, "?- Michelle L. Sommer, wire -., - _ ? ? :..'•- . 3 -: . . G :: am . . ? -? ' j ? ,? { ? - ?.?.? 4 ?.? ??? ?; ?"""? ^?. ?.. a NOV Z 4 Z008? YONETTE R. WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3887 CIVIL ACTION LAW RICHARD K. WALTERS, IN CUSTODY Defendant : Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Order dated August 18, 2008 is hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Richard K. Walters, and the Mother, Yonette R. Walters, shall have shared legal custody of Sarah Margrit Walters, born 03/03/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall share physical custody pursuant to a two week repeating schedule as follows: a. In week one, Mother shall have physical custody of Sarah from Monday morning until Wednesday morning. Father shall have custody from Wednesday evening at 5:30 pm until Friday morning. Mother then shall have custody Friday evening until Monday morning. b. In week two, Father shall have physical custody of Sarah from Monday morning until Wednesday morning. Mother shall have custody from Wednesday evening at 5:30 pm until Friday morning. Father then shall have custody Friday evening until Monday morning. C. Both parents shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis before 8:00 pm on any given evening. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: Diane Radcliff, Esquire Michelle Sommer, Esquire John J. Mangan, Esquire J. 01 ? ti OH et 0 3 Z, r,t? l Z; HOLIDAYS AND SPECIAL DAYS TEWES ODD YEARS EVEN YEARS Easter From 9 am until 7 m Mother Father Memorial Da From 9 am until ? m Father Mother Independence Da From 9 am until ? m Mother Father Labor Da From 9 am until ? m Father Mother Thanks ivin From 9 am until ? m Mother Father Christmas 1 S Half From 9 am on 12/24 to 2 pm on 12/25 Father Mother Christmas 2° Half From 2 pm on 12/25 to 7 pm on 12/26 Mother Father New Year's From 9 am until 7 pm (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until ? m Mother Mother Father's Da From 9 am until ? m Father Father Birthda From 9 am until 7 m YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3887 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sarah Margrit Walters 03/03/2000 Father and Mother 2. A Conciliation Conference was held with regard to this matter on August 14, 2008, an Order issued August 18, 2008 and a status update held November 17, 2008 with the following individuals in attendance: The Mother, Yonette Walters, with her counsel, Diane Radcliff, Esq. The Father, Richard Walters, with his counsel, Michelle Sommer, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 1/4 Date John J. an , Esquire Custo Co ciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant : NO. 2008-3887 : CIVIL ACTION - LAW : IN DIVORCE and CUSTODY MARITAL AGREEMENT BETWEEN RICHARD K. WALTERS AND YONETTE R. WALTERS TABLE OF CONTENTS RECITALS ......................................................................... 1 SECTION I General Provisions ............................................................. 1 SECTION II Distribution of Property and Debts ........................................... 7 SECTION III Counsel Fees, Support, Alimony, Support, Custody, etc .................. 13 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARY .......................................................................... 16 EXHIBIT "A" Distribution Schedule ......................................................... 17 EXHIBIT "B" Personal Property to be Transferred to Wife ............................... 20 MARITAL AGREEMENT THIS MARITAL AGREEMENT made this - day of December, 2008, by and between YONETTE R. WALTERS, ("Wife") of 705 Mt. Rock Road, Carlisle, PA 17015, and RICHARD K. WALTERS, ("Husband") of 31 Watson Drive, Carlisle, PA 17015 PREAMBLE AND RECITALS R-1. WHEREAS, the parties hereto are husband and wife, having been married on April 10, 1999 in Bloserville, Pennsylvania, and were separated on June 25, 2008. R-2. WHEREAS, The parties are the parents of one (1) child: Sarah Walters, born on March 3, 2000, (the "Child"). R.3 WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties 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; the 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 mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken - 1 - and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within ten (10) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Michelle L. Sommer, Esquire for Husband and Diane G. Radcliff, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. The parties acknowledges that each has had the opportunity to conduct discovery and investigation as to the incomes of the parties, the parties' marital assets and debts and their respective separate assets, debts and monthly -2- expenses. The parties further acknowledge that there has been a full and fair disclosure of the identity and value of the parties' marital assets and debt, their separate estates and their respective incomes. The parties hereby waive any further discovery and/or disclosure of the parties' marital assets and debt, their respective separate estates and incomes and expenses, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. The parties confirm that it is their intention to divide their marital assets and debts in accordance with the Distribution Schedule attached hereto, marked Exhibit "A" and made a part hereof. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, 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 situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. - 3 - B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (1) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, -4- C. Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. F. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. - 5 - D. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. E. Dependency Exemption(s): As long as custody of the Child remains equally shared by the parties, the parties will alternate annually the right to claim the federal income tax dependency exemption for the Child. Wife will claim that exemption for even numbered years and Husband will claim that dependency exception in odd numbered years. If the party claiming the child is not remarried, that party will also be able to claim the head of household status for the same year. Otherwise the right to claim that head of household status will go to the other party, unless he or she is also remarried. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. 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. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. -6- SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The parties are the joint owners of real estate known and numbered as 31 Watson Drive, Carlisle, PA, ("the Real Estate"), encumbered with a Vt mortgage owed to PSECU and a home equity loan 2nd mortgage owed to PSECU , ("the Mortgages"). The Real Estate is under contract for sale with an anticipated settlement date of December 30, 2008. With respect to the Real Estate the parties agree as follows: 1. Sale: The parties shall complete the sale and settlement on the existing contract. If that settlement does not occur due to Buyers' default, then the parties shall continue to list the Real Estate for sale until it is sold 2. Distribution of Proceeds: Upon the sale and settlement of the Real -7- Estate, the net proceeds derived, after payment of the Mortgages and all other normal and reasonable settlement costs, shall be divided and distributed 55% to Wife and 45% to Husband. The foregoing notwithstanding, any debt being assumed by a party pursuant to the terms of this Agreement from which the other party is liable shall be paid at settlement from that party's share of the sale proceeds. This shall include, but not be limited to, any joint vehicle loans referenced in subparagraph B. of this paragraph 2.04. 3. Payments: Pending the sale and settlement, Husband shall pay the monthly payments required by or pursuant to the Mortgages. In the event husband fails to make the mortgage payments, then Wife shall receive credit for the mortgage contribution amount set forth and described in the existing support order for the month in which the payment is not made. 4. Income Tax Deductions. Each party shall be entitled to claim any available income tax deductions for his or her payment of the Mortgages, and/or real estate taxes to the extent of his or her contributions towards said payments including, but not limited to, any contributions made in the form of a support ordered mortgage contribution in the existing support order. 5. Taxes: Each party shall be responsible for the timely and prompt reporting of 50% of the gain derived from the sale of the Real Estate, if applicable, on his or her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, including, but not limited to, capital gains taxes or the equivalent, and shall indemnify, protect and hold the other party harmless therefrom. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: The 2003 Chevrolet Trailblazer, the title to which is in the parties' joint names and is unencumbered. The title shall be transferred to Wife upon the execution of this Agreement by a Limited Vehicle Power of Attorney executed by Husband designating Wife as his attorney in fact. 2. To Husband: The following Vehicles: -8- (a) The 2004 GMC Sierra truck, the title to which is in Wife's name, and which is encumbered by a loan also in wife's name. The title to this vehicle shall be transferred to Husband upon the execution of this Agreement by a Limited Vehicle Power of Attorney executed by Wife designating Husband as her attorney in fact. Husband hereby assumes sole liability for the vehicle loan and agrees that he shall pay that loan in full at settlement on the sale of the marital home Real Estate from his share of the proceeds to be received from the marital home sale. (b) The 2000 Chevrolet Corvette Coupe, the title to which is in Husband's sole name and which is encumbered with a loan that may be in the parties' joint names. Husband hereby assumes sole liability for the vehicle loan and agrees that he if the loan is in joint names he shall pay that loan in full at settlement on the sale of the marital home Real Estate from his share of the proceeds to be received from the marital home sale. If the loan is only in Husband's name then he may pay that loan in installments. (c) The 1973 Chevrolet Corvette, including any increase in value thereof arising during the parties marriage, the title to which vehicle is in Husband's sole name and is unencumbered. C. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: None. There are no marital investments which are subject to division and distribution between the parties. 2. To Husband: None. There are no marital investments which are subject to division and distribution between the parties. D. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: Wife's PSECU account #0618. 2. To Husband: Husband's PSECU account # 3621. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: -9- 1. To Wife: None. There are no marital life insurance polices having cash value which are subject to division and distribution between the parties. 2. To Husband: None. There are no marital life insurance polices having cash value which are subject to division and distribution between the parties. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: the following retirement plans: (a) Wife's premarital Keen Transport 401 K Plan including, but not limited to, any increase in value thereof arising during the parties marriage; (b) Wife's Smith Barney CGM IRA account #1347. 2. To Husband: the following retirement plans: (a) Husband's premarital Keen Transport 401K plan including, but not limited to, any increase in value thereof arising during the parties marriage; (b) Husband's Smith Barney CGM IRA account #1348; (c) Husband's premarital Smith Barney CGM IRA account #1379. 3. Waiver: Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. G. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and -10- distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein, and the items of personal property set forth on the list attached hereto as Exhibit "B", and made a part hereof to be made available to Wife for her removal from the marital home upon the signing of this Agreement. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein. H. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: (a) PSECU Visa #189 (Joint Names) (b) Capital One #1122 (Wife's name alone) (c) Victoria's Secret #689 (Wife's name alone) (d) Kohl's #189 (Wife's name alone) (e) JC Penney #162-4 (Wife's name alone) (f) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: (a) PSECU Visa (Husband's name alone) (b) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: -11 - A. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. B. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any -12- attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. After Acquired Debts: Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. 1. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, medical support, and maintenance. Any existing order for such support shall be terminated and deemed to be null and void. 3.03. CHILD SUPPORT. The existing child support order entered in the Cumberland County -13- support action docketed to No. 00761-S-2008, PACSES NO. 496110278 shall be modified as follows: A. Health Insurance: Effective January 1, 2009, Wife shall provide the health insurance for the Child instead of Husband. Therefore, the amount of the support shall be modified to reflect this cost being paid by her. B. Mortgage Contribution: Effective 12/29/08, the mortgage contribution portion of the support order shall be terminated. This termination date assumes Husband has paid the mortgage payments due for the month of December, 2008 and prior to that month. In the event Husband has not made those payments, then Wife shall be given credit for the monthly amount of the mortgage contribution for any such month that Husband did not make the mortgage payments. 3.04 Custody. The existing Custody Order shall be modified to reflect the parties' agreement that Wife shall take the parties' child, Sarah, to all medical and dental appointments and that within 24 hours of such appointment Wife will inform Husband of the results or progress of the appointment since the parties share legal custody. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. Rest of this page intentionally left blank -14- IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: Ll(SEAL) RICHARD K. WALTERS Date: /L- ZY-- 0$ l? (SEAL) YON E R. WALTERS Date: /y2g0 i -15- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. On this the day of . hw M&A , 2008, before me the undersigned officer, personally appeared, RICHARD K. WALTERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTARY PU IC 2aU9 My Commission Expires: jr71 L*CWMftonE*ft Ap117. app ?*W. ? Msoditm of NoW! SS. On this the day of Q???08, before me the undersigned officer, personally appeared, YONETTE R. WALTERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. TH OF ?MI f W Hor?hal seal Shefrtort L Freentar4 Nota?ypWblk Caiblo9aa. ambeAaid0o?r --N= UBLIC My Com ' sion Expires: 7j:Yiane *w HF PENNB'Y-LVANIA Notarial Seal adcliff, Notary Public ro, Cumberland County on Expires Jan. 11, 2012 Member, Pe nnsylvania Association of Notaries -16- EXHIBIT "A" MARITAL ASSETS AND DEBTS Imb Ln No 5 B. Refere RE-1 Owner - Description 31 Watson Drive Carlisle, PA 17015 Estimated net Sales Proceeds Date - Net Value Calculation 153,877.'00 Net Distribution 153,877.00 Proposed Distribution 45% to Husband Proposed Distribution 55% to Wife 6 6 V-1 JT 2003 Chevrolet Trailblazer (Wife's use) 9.15.08 8,230.00 8,230.00 8,230.00 9 10 V-2 W 2004 GMC Sierra Truck (Husband's use) 9,15.08 12,235.00' 11 V-2 W Lien 6.08 (4,686,00) 12 V-2 -- Net Value - 1,549.00 7,549.00 7,549.00 13 14 V-3 H 2000 Chevy Corvette Coupe 9.15.08 15,515.00 15 V-3 H PSECU Lien 6.15.08 (10,815.89) 16 V-3 -- Net Value - 4,699.11 4,699.11 4,699.11 17° 18 V-4 H 1973 Chev Corvette Conv DOS 6.25.08 Estimate 15,000.00 19 V-4 H 1973 Chev Corvette Conv DOM 4.10.99 Estimate (51000,00) 20 V-4 -- Net Value Estimate 10,000:00 10,000.00 10,000.00 21 23 A-1 W PSECU # 0618 Checking 6.24.08 x,961.31 24 A-1 W PSECU # 0618 Savings 6.30.08 395.02 25 A-1 -- Net Value - 2,358.32 2,356.32 2,356.32 26 -17- MARITAL ASSETS AND DEBTS .ION SCHEDULE Ln B. Owner Description Date Net Value Net Proposed Proposed No Refere nced 7 Calculation Distribution vakle Distribution Distribution To Wife 27 A-2 H PSECU #ll Checking Unknown 28 A-2 H PSECU #// Savings Unknown 29 A-2 -- Net Value - Unkrxm Unknown Unknown 30 32 Ret-1 W Keen Transport, Inc. 401 K 6.30.08 69,113.33 DOS 33 Ret-1 W Keen Transport, Inc. 401K 4.10.99 (34,556,66) DOM Estimate 34 Ret-1 -- Net Marital Increase Estimate 34,555,67 34,556.67 34,556.67 35 36 Ret-2 W Smith Barney CGM Roth IRA 6.30.08 19,545.07 19,545.07 19,545.07 Acct # 1347 37 38 Ret•3 H Keen Transport, Inc. 401K 6.30.08 44,840.99 DOS 39 Ret-3 H Keen Transport, Inc. 401K 4.10.99 (22,025.00) DOM Estimate 40 Ret•3 - Net Marital Increase Estimate 22,815.99 22,815.99 22,815.99 41 42 Ret-4 H Smith Barney CGM Roth IRA 6.30.08 15, 765.61 15,765.61 15,765.61 Acct # 1348 43 44 Ret•5 H Smith Barney CGM IRA 6.30.08 34,805.95 Acct # 1379 DOS Value 45 Ret•5 H Smith Barney CGM IRA 4.10.99 Unknown Acct # 1379 DOM Value 46 Ret-5 H Smith Barney CGM IRA -- 34,805.95 34,805.95 34,805.95 Acct # 1379 Net Marital Increase 47 P49 HG-1 H Household Goods 0.00 0.00 50 51 HG 2 w Household Goods 0.00 0.00 52 z. ;-k,? ? _ r y _ s x 54 Total of Assets 314,200.72 95,636.11 64,688.61 -18- MARITAL ASSETS AND DEBTS Ln No B. Refere Owner Description Date Net Value Calculadon Net Distribudon Proposed Distribution To Hu ba---- Proposed Distribution 57 D-1 A PSECU Visa #189 6.30.08 (365.01) (365.01) (365.01) 58 59 D-2 W Capital One #1122 6508 (333.39) (333.39) (333.39) SD 61 D-3 W Victoria's Secret #689 6.08 (106,44) (106.44) (106.44) 62 63 D4 W Kohl's#489 61208 (138.01) (138.01) (138.01) 64 65 D-5 W JC Penney #162-4 J 6.7.08 (21.98) (21.99) (21.99) 66 67 D-6 N PSECU Visa 623.08 (1308.26) (1,308.26) (1,308.26) 88 70 ?yam r ' c, Total of Debts ,273.10 ,308.26 64.84 -19- EXHIBIT "B" PERSONAL PROPERTY TO BE RECEIVED BY WIFE FROM THE MARITAL HOME Items Purchased by Wife During the Marriage: -Personal items that still remain in the house (remaining clothes etc..) - Hutch in Dining Room & Contents in Hutch (Purchase price was approx 499.00) - Anything Longaberger ( Wife wants all of them - She bought them, won them or they were given to her as gifts - and most of them she had prior to marriage - not only the baskets, but also the ceramic items as well - Water pitcher in Dining Room hutch / large & small crocks on Kitchen counter items listed below) - The cracker longaberger basket that was on the hutch in the family room with the dark red liner. ( Wife purchased, price was 56.00 ) - The Small Crock Basket (which she had flowers in on top of the Jelly Cupboard) also came with a plastic sealable protector ( Wife purchased, price was 45.00) - Baskets (The ones that are not Longaberger also ie: picnic basket) - Pampered Chef egg carrier - Pampered Chef small chill bowl - Salad spinner. - Wood Hutch in Family Room (Wife purchased, price was 612.00) - Wood Jelly Cupboard in Family Room ( Wife purchased, price was 290.70) - 2-Wood end Tables & 1-TV Table (Wife purchased, price was 248.20 & 348.50) - Dell Computer and the Stand for the computer. ( Wife purchased the Dell computer for Sarah for Christmas approx. 500.00 and the stand which was approx 80.00 ) - The Longaberger small purse - Wife gave to Sarah as a present and would like to be sure it is kept for her. - The wooden doll house that Wife's Aunt Jackie bought for Sarah for xmas. - Equal division of Holiday decorations and ornaments. - Equal division of Sarah's pictures hanging & sitting in the house. ( Wife purchased the pictures & the frames) - Pfaltzcraft Dishes / Glasses / Bakeware - dishes & sets. ( Wife purchased a 8-12 pc service of Pfaltzcraft dishes ). Wife's Premarital Items - Dining Room Table & Chairs - Stand Mixer - Dan Christ Print hanging in the Kitchen - Basket - Round darning basket was on top of the hutch in family room. - Hurricane Lamp - Family Room - Princess House - Longaberger recipe box - Longaberger basket on 2nd shelf of hutch with lid & handle - Wall Plant hanging and basket -20- - The Longaberger coat peg and wooden candle box holder in master bedroom. - Wooden napkin holder. - The other two crocks Wife had (both upstairs) - Princess House white Baking & Cooking Dishes. - Princess House clear Cheese plate. - Small Princess House vase - in the Jelly cupboard. - Princess House glasses in Hutch. - The 4-Mouse figurines, the wooden mouse - in the Jelly cupboard. - The papertowel holder on the kitchen counter. - The wooden Winnie Pooh in Sarah's closet. - The two wooden hangings in the kitchen - The small wooden bear carving I had on the kitchen window sill. - The stainless steel pot for doing seafood. - Blue Glass mixing bowls Gifts to Wife from Other Individuals: - Basket - Red/Green Xmas basket in Family Room on top of hutch was xmas present from Bets Keen. - Star & Wooden American Flag - were present from Vickie Lowe to me. - Small Wooden cedar chest in Sarah's closet - was Wife's Great Grandfathers passed to Wife from Aunt Jackie. - Old Glass Jars on top of dining room hutch (blue/green & white glass) gifts from Aunt Soney to me. - Dark Basket on top of the dining room hutch - was a xmas gift from the Cust Svc Dept. - Longaberger basket on top of the dining room hutch (the round gathering basket) - was a baby shower present from Wife's Mom it had baby items in it for Wife. - American Flag - was a gift from Bets Keen to Wife. - The Carlisle Crock we used to put car keys in - was a xmas present from Bets Keen to Wife. - Bench in garage (was given to Wife prior to marriage by aunt Julie) - The tri-color basket that had Sarah's little figurines in it that was on the lower shelf of the end table next to Rich's overstuffed chair - that was a gift to Wife from Bets Keen. - Pap Griffey's Dresser in spare bedroom passed to me from Wife's Aunt Jackie. - Meme's & Pap Barricks dishes in Garage Cupboard. - Candy Cane candle - xmas present from Bets Keen. - Electric candle - xmas present from Vickie Lowe. - The small tri-colored basket in the dining room hutch was a xmas present from Bets Keen. - The Caterpillar MH Diecast machine in the upstairs extra bedroom was given to Wife by Cat. - The Yankee Candle warmer for the tea lights with the leaf design was present from Bets Keen. - Crock Pot was a gift from Wife's mom. -21- c-. ?? -?? `?..' ? _? ' -,- i°= r r.? ?.? ?__ ?" =, ,? . ..._ ;.. '?? -: ' ?je S r2 .. y ?` ?? ? +-{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant TO THE PROTHONOTARY: NO. 2008-3887 CIVIL ACTION - LAW DIVORCE PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 6/30/2008 b. Manner of Service of Complaint: Certified Mail Restricted Delivery C. Date of Service of Complaint: 7/3/2008 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 12/19/2008 b. Defendant: 12/23/2008 4. RELATED CLAIMS PENDING: None. there are no issues pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 23, 2008, filed of record and to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 12/23/2008 b. Defendant's Waiver: 12/23/2008 G. RCLIFF, ESQUIRE Trindl oad CWnp-MM, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ? rv rl ' 17. #x7. V tb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff V. RICHARD K. WALTERS, Defendant NO. 2008-3887 CIVIL ACTION - LAW IN DIVORCE and CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 30, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: YO E R. WALTERS 6 n r T r n ?o t .. ?r Z7- ., 3 Y C'I? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff NO. 2008-3887 V. RICHARD K. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE and CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 30, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. -,-?-- Dated: 12 -ZY -08 RICHARD K. WALTERS - , w 7) r f _ ^y3'r'-n cr) t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff NO. 2008-3887 V. RICHARD K. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE and CUSTODY 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: December 19, 2008 YO ETTE R ALTERS Tl C71, 1 ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YONETTE R. WALTERS, Plaintiff NO. 2008-3887 V. RICHARD K. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE and CUSTODY 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: /2- LY- oe -?/ 14 RICHARD K. WALTERS Gn IN THE COURT OF COMMON PLEAS OF YONETTE R. WALTERS CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD K. WALTERS NO. 2008-3887 CIVIL TERM DIVORCE DECREE AND NOW, -?d-, 2-,Oa,3 , it is ordered and decreed that YONETTE R. WALTERS plaintiff, and RICHARD K. WALTERS , 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. All issues have been resolved pursuant to the parties' Marital Agreement dated December 23, 2008, filed of record and incorporated into, but not merged with, this Divorce Decree By the Court, Prothonotary YONETTE R. WALTERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD K. WALTERS NO. 2008-3887 CIVIL TERM DIVORCE DECREE AND NOW, 2L, 2-.-o,3 , it is ordered and decreed that YONETTE R. WALTERS , plaintiff, and RICHARD K. WALTERS , 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. All issues have been resolved pursuant to the parties' Marital Agreement dated December 23, 2008, filed of record and incorporated into, but not merged with, this Divorce Decree By the Court, lrv? /0102V e -41v- emu, ? ? , J-) 7e/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA yonej?re. R. 0&14ers Plaintiff Vs File No. 2D68- 388'7 Civil Term IN DIVORCE R;c-hoLPd K. WaAers Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or )k after the entry of a Final Decree in Divorce dated j2 30 2008 hereby elects to resume the prior surname of YoAetl 6 R. 6 c-.'?'FG4 , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 5-1-200q Signature i ature of nam e' res COMMONWEALTH PENNSYLVANIA ) COUNTY OF Cvvw On the 7_ day of , 200_, before me, the Prothonotary or the notary public, personally appeare' the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. C0ANjXz4 W PENNSYLVANIA Notarial Seal Robert F. Koller Jr., Notary Public Middlesex Twp., Cumbedand County My Commission Expires Feb. 12, 2012 Member, Pennsylvania Association of Notaries THE ^iV iY 2009 MAY t t Aft It: 53 CUB,,. , , pr- v'? f?v?! glI.GPJ ?? «.sh. • [LED-OFFICE THE P R 0 T H 0 N 9 TA al'i,. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 2011 JUL 22 Ply! 2: 50 r,UMBERLAND COUNTY A EN SYLVANIA YONETTE R. GRIFFEY, : IN THE COURT OF COMMON PLEAS OF formerly YONETTE R. WALTERS,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 08-3887 CIVIL TERM RICHARD K. WALTERS, Defendant CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Yonette R. Griffey, formerly Yonette R. Walters, by her attorney, Stacy B. Wolf, Esquire, and files this petition for modification of custody, respectfully representing as follows: 1. The plaintiff is Yonette R. Griffey, an adult individual who resides at 240 Oak Flat Road, Newville, PA 17241. 2. The defendant is Richard K. Walters, an adult individual who resides at 129 Strayer Drive, Carlisle, PA 17013. 3. The plaintiff and defendant are the natural parents of one minor child, namely: Name Present Residence Ag-e Sarah Margrit Walters 240 Oak Flat Road 11 years Newville, PA 17241 D.O.B. 3/3/2000 4. The child is presently the subject of an Order for Custody issued August 18, 2008 by the Honorable Edward E. Guido, providing for shared legal custody and shared physical custody of the child with Mother and Father. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." ?? ??a any 5. Mother seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 6. Since the entry of the current Order, Father has moved outside of the Big Spring School District. 7. The child is starting middle school at the Big Spring Middle School in late August of this year. 8. As of the 2010-2011 school year, when the child was still in elementary school, during Father's custody he would transport the child to her maternal grandparents' home within the Big Spring School District to ride the school bus which arrived at approximately 8:55 a.m. 9. Because the child is starting middle school in late August, the school bus will be arriving much earlier, at approximately 6:50 a.m. 10. The child has voiced her strong desire to both parents that the custody schedule be modified during the school year so that she is in Mother's custody during the week and every-other- weekend and with Father every-other-weekend. 11. Mother seeks primary physical custody of Sarah and maintains a stable household in which she provides for the medical, educational, emotional and physical needs of the child in a stable, safe, and nurturing environment. 12. The best interests and permanent welfare of Sarah would be served by this Court issuing an Order granting primary physical custody of the child to Mother and in modifying the custody schedule to permit the child to reside primarily with Mother during the school year. WHEREFORE, Petitioner, Yonette R. Griffey, prays this Honorable Court enter an Order granting primary physical custody of Sarah Margrit Walters to Petitioner/Mother, granting periods of partial custody to Respondent/Father every-other-weekend during the school year and maintaining the shared custody schedule provided by the August 18, 2008 Order during the summers, and any additional relief as the Court deems appropriate. Dated: July, 2011 Stacy B. )Vpff, Esquire 10 West HLcrh Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify that I am the plaintiff in this action and that the facts set forth in this petition 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. Section 4904, relating to unsworn falsification to authorities. July a L) 2011 Alz"M-A Yo to R. Griffey STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF YONETTE R. GRIFFEY, : IN THE COURT OF COMMON PLEAS OF formerly YONETTE R. WALTERS,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW RICHARD K. WALTERS, : NO. 08-3887 CIVIL TERM Defendant CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Modification of Custody upon the following individual by postage prepaid mail, addressed as follows: Michelle Sommer, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 submitted, Stacy B. Wol )? Attorney for Date: JulyG??, 2011 YONETTE R. GRIFFEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3887 CIVIL ACTION LAW zm C= cn r` RICHARD K. WALTERS ° iv v -- IN CUSTODY <= -Tj DEFENDANT Ica y w CZ t, ??r ORDER OF COURT AND NOW, _ Tuesday, July 26, 2011 , upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 02, 2011 at 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john J. Mangan, jr., Esq. l/ Custody Conciliator -P 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 S°n' if r?d? y mss, /,V a, /- 0 CC n e/Aob ???yan - 00( 27/l/ / y 7 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF YONETTE R. GRIFFEY, formerly YONETTE R. WALTERS, Plaintiff V. RICHARD K WALTERS, Defendant _ FILE0-0FF (CE: 2011 JUL 29 PPS 12: ?1F CUMBERLAND CJUlI I '' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3887 CIVIL TERM CUSTODY PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of DIANE G. RADCLIFF, ESQUIRE, as attorney of record for Plaintiff, YONETTE R. GRIFFEY, FORMERLY YONETTE R. WALTERS, in this matter. ?- 2011 L CLIFF, ESQ11TAI 3 8 TRI LE ROAD CAMP HILL, PA 17011 717-737-0100 SUPREME COURT ID NO. 32112 Please enter the appearance of STACY B. WOLF, ESQUIRE, as attorney for the Plaintiff, YONETTE R. GRIFFEY, FORMERLY YONETTE R. WALTERS, in this matter. - Ju DSO , 2011 STACY B. W F, ESQ IRE WOLF & W F 10 West High Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID NO. 88732 YONETTE R. WALTERS, N/K/A IN THE COURT OF COMMON PLEAS OF YONETTE R. GRIFFEY Plaintiff CUMBERLAND COUNTY, PENNSYLVAIJIA C-) n> C= -n V. No. 08-3887 CIVIL ACTION L x-n MW rn rn r°- RICHARD K. WALTERS, IN CUSTODY ?p N o° Defendant C"') Prior Judge: Edward E. Guido, J. ? C CD ORDER OF COURT AND NOW this _.3 1d ay of August 2011, upon consideration of the attached Custo dy Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders are hereby VACATED and replaced with the instant Order. 2. This Order is entered pursuant to a Custody C xi 'ation Conference. A Custody Hearing is hereby scheduled on the ? day of D ` , 2011 at I• **d *II/pm in Courtroom number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date 3. Legal Custody: The Father, Richard K. Walters, and the Mother, Yonette R. Walters, shall have shared legal custody of Sarah Margrit Walters, born 03/03/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother and Father shall share physical custody pursuant to a two week repeating schedule as follows: a. In week one, Mother shall have physical custody of Sarah from Monday morning until Wednesday morning. Father shall have custody from Wednesday evening at 5:30 pm until Friday morning. Mother then shall have custody Friday evening until Monday morning. b. In week two, Father shall have physical custody of Sarah from Monday morning until Wednesday morning. Mother shall have custody from Wednesday evening at 5:30 pm until Friday morning. Father then shall have custody Friday evening until Monday morning. C. Each parent shall make sure the Child gets to school on time and is fully prepared for schoolday. d. Both parents shall have physical custody of the Child at such other times as the parties may mutually agree. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis before 8:00 pm on any given evening. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 7. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By urt, J. Distribution: Mai,_ _J Stacy Wolf, Esquire OS vita Michelle Sommer, Esquire ?John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter From 9 am until 7 pm Mother Father Memorial Day From 9 am until 7 m Father Mother Independence Day From 9 am until 7 pm Mother Father Labor Day From 9 am until 7 m Father Mother Thanksgiving From 9 am until 7 m Mother Father Christmas 1" Half From 9 am on 12/24 to 2 pm on 12/25 Father Mother Christmas 2° Half From 2 pm on 12/25 to 7 pm on 12/26 Mother Father New Year's From 9 am until 7 pm (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 7 pm Mother Mother Father's Da From 9 am until 7 m Father Father Birthday From 9 am until 7 m YONETTE R. WALTERS, N/K/A YONETTE R. GRIFFEY Plaintiff V. RICHARD K. WALTERS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3887 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody o Sarah Margrit Walters 03/03/2000 Father and Mother 2. A Conciliation Conference was held with regard to this matter on August 14, 2008, an Order issued August 18, 2008, a status update held November 17, 2008, an Order issued November 25, 2008 and a conference was held August 23, 2011 with the following individuals in attendance: The Mother, Yonette Walters, with her counsel, Stacy Wolf, Esq. The Father, Richard Walters, with his counsel, Michelle Sommer, Esq. 3. Mother's position on custody is as follows: Mother requests a modification of the current custody situation of 2/2/3. Mother asserts several reason to alter the current schedule. First, Mother indicates that Father moved slightly farther away and the travel time to the bus stop is a bit more in the morning. Second, the Child is staring middle school and needs to be at school earlier than last year; third Mother does not believe Father will be able to have the Child ready on time and the Child has historically eaten and gotten ready for school at Mother's residence or grandmother's residence; and fourth Mother indicates the Child want to wake up at Mother's residence before she goes to school. 4. Father's position on custody is as follows: Father asserts that the current situation with him sharing custody is in the Child's best interest. Father maintains that he has a great relationship with his daughter. Father indicates that he only lives 12 minutes away from the bus stop in the morning and is able to do so on time. Father indicates that he would welcome the opportunity to give Sarah breakfast in the morning, pack her lunch and have her ready for school. Father points out that Sarah is basically getting up at the same time for school whether it is at Mother's residence or Father's residence. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Childni's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Date John J. Man an, squire Custody Co cil'ator YONETTE R. WALTERS, N/K/A YONETTE R. GRIFFEY, Plaintiff No. 08-3887 CIVIL ACTION LAW V. RICHARD K. WALTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY ORDER OF COURT ? a -OZ .`_ " r rn n C o z't"J c-? ? -r C J3 ay of 2011, upon consideration of the attached AND NOW this d , Motion, it is hereby ordered that the Custody Hearing scheduled for October 20, 2011 at 1:00 p.m., be continued to 0 c-Z;&ot3 / , 2011 at A.m. in Courtroom 3 of the Cumberland County Courthouse. HE COU T: Edward E. Guido, Distribution: ? Stacy B. Wolf, Esquire For the Plaintiff ? Michelle Sommer, Esquire For the Defendant 00p, J. 31