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HomeMy WebLinkAbout08-5059w' r JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D$ -SOS Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 6?- S os-j Civil Term : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is John P. Atticks, IV, a competent adult individual, who resides at 155 Amy Drive, Carlisle, Cumberland County, Pa. 17013. 2. Defendant is Chandra Atticks, a competent adult individual, who resides in Carlisle, Pennsylvania. Her last known address was 155 Amy Drive, Carlisle, Cumberland County, Pa., 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 26, 2003 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together, namely, Maison Isaiha Atticks, born June 30, 2005. 8. Plaintiff and Defendant are both citizens of the United States of America. JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: $ v -'John P. Atticks, IV, Plaintiff Respectfully ,dan Adams, Esquire I.D. 0.79465 17 South St. sle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 7r, n 'w C:1 C7. rfli - N T A?o na rn JOHN P. ATTICKS, IV IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Civil Term CHANDRA ATTICKS, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this September 8, 2008, I, Jane Adams, Esquire, hereby certify that on September 5, 2008, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT were served upon the following person, via certified mail, return receipt requested at the following address: Chandra Atticks 155 Amy Drive Carlisle, Pa. 17013 DEFENDANT by (PrWal *VnO 1 C.-0 of D. is damy eddi dRfe in-fl6n Rem 11 0 Yes 1. ARId At>drdesed to: If YES, enter delivery address beibw: 0 No pot 3. Service lype * ca mw Mad 0 Express Mad 0 PV" W 0 Rstrsn Recut for Merchandise O kwired Mad 0 C.O.D. 4. RM1I ' ?, - DeNary? (Extra Fee) is Yes ¦ complete Items Also complete item 4 N Resbd Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front M space nmm ts. i B Fa?Itrt 11, FeNUery 20D4 Domestic Retum Reodpt 7n0>8 1M1111 13001 6165 2310 11Nri?rtibm arvloe /abe1J ..rdl Respectfully Submitted: I. o. 79465 J;rrlisle, Adams, Esquire 1 est South St. C Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF CC) w JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5059 Civil Term ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: _X_ prior to the entry of a Final Decree in divorce. OR after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of KURTZ avowing her intention pursuant to the provisions of 54 P.S. §704. Date: f , ?y OAS andra Atticks Prior Pta e C andra Kurtz Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND On this, the day of 2008 before me, the undersigned officer, personally appeared CHANDRA ATTICKS/CHANDRA KURTZ personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Ion . J.Kyi N tary Public COMMONWEALTH OF PENNSYLVANIA Notaiial ,lutie M. Ccx+!?+- Notary Public MY commission expires: 19-- Co --(90 11 cafte enro. wtedand county My Commission E)Pres Dec. 6, 2011 Member, Pennsylvania Asseciation of Notaries A4 v r r JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 5059 Civil Term ACTION IN DIVORCE CUSTODY AGREEMENT This Custody Agreement is made this day of , 2009, by and between Chandra Atticks, (Hereinafter referred to ?"Mother"), of Carlisle, Cumberland County, Pennsylvania, and John P. Atticks, IV, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Maison Isaiah Atticks, born June 30, 2005; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Joint Legal Custody. Legal custody is the legal right to make all major non- emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall have joint legal custody of their child, Maison Isaiah Afticks, born June 30, 2005. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. Pursuant to this section, the parties agree that: A. Each party shall confer with the other on all matters of importance including but not limited to issues relating to the child's health and education. B. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. C. 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 such records or information, and such information has not been provided to the other parent, 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. D. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. 2. Emergency Decisions. Emergency decisions regarding a child shall be made by the parent then having physical custody of the child. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Physical Custody of the child, as that term is defined in the custody act, shall be shared by the parties. 4. Schedule of Physical Custody. The parties agree as follows regarding physical custody: a. Father shall have the following periods of physical custody: From Sunday at 6:00 p.m. through Wednesday morning. (Except for Mother's Tuesday evening visit) Thursday after school through Friday morning. b. Mother shall have the following periods of physical custody: Tuesday evenings from after school until 8:00 p.m. Wednesday after school through Thursday morning. C. The parties shall alternate every other weekend as follows: Friday after school through Sunday at 6:00 p.m. d. The parties shall equally divide all major holidays, with Mother have the child from 9:00 a.m. through 3:00 p.m. and Father to have the child from 3:00 p.m. through 9:00 p.m. unless otherwise agreed. e. Mother shall always have the child on Mother's Day from 9:00 a.m. through 5:00 p.m and Father shall always have the child on Father's Day from 9:00 a.m. through 5:00 p.m. f. For Thanksgiving, Mother shall have the child from 9:00 a.m. until 3:00 p.m. and Father shall have the child from 3:00 p.m. until 9:00 p.m. g. For Christmas Eve and Christmas, Father shall have the child from 12:00 p.m. until 6:00 p.m. on Christmas Eve. Mother shall have the child from 6:00 p.m. on Christmas Eve through 12:00 p.m. on Christmas Day. Father shall have the child from 12:00 p.m. on Christmas Day through 8:00 p.m. on Christmas Day. 11-52P,1-11 5. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 6. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well- being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 7. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: I m- (And WP. Atticks, IV, Father Date: 710 AAftks, o er Date: (-.6-9 ?, 7C? ?3? ? !J ; c. ' t '? N W JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 5059 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 2008. 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 22, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: I 9 handra Kurtz, Defenda , f/k/a Chandra Atticks WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: handra K rtz, Defendant f/k/a Chandra Atticks c- ??? ?,; u0 -,? ?? N JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 5059 Civil Term ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of a , 2008, by and between, CHANDRA ATTICKS, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and JOHN P. ATTICKS, IV, (hereinafter referred to as "Husband"), of Carlisle, Cumberland County, Pennsylvania, WITNESSETH: and; WHEREAS, Husband and Wife were lawfully married on September 26, 2003, WHEREAS, there was one child born of this marriage; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE, as his attorney. The Wife is PRO SE and does not have an attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. X CA 9.7 JA 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. CA ??? JA (c) The parties will take any steps necessary to close any joint credit card accounts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: CA 3.elP JA J'q •K?, The 2005 Jeep Liberty shall remain in Wife's possession and Wife will make all payments on this vehicle. Upon final payment, and release of the title, Husband shall sign over the title to Wife. Wife shall maintain a separate insurance policy on the vehicle. If Wife does not make required payments on the Jeep Liberty, then Husband may take possession of said vehicle, and keep it if he makes the payments or sell it. The parties will equally divide any proceeds from the sale; however, if there are overdue amounts towards pay loan payments, insurance, or repairs, Wife will be solely responsible for those amounts. 12. REAL ESTATE. Husband lives in the marital home, which is located on Amy Drive, Carlisle, Pa. Husband shall retain sole and exclusive possession of the trailer and Wife will sign the title, a spousal waiver, Deed, or any other document required by any entity to transfer ownership to Husband. As of the date of this agreement, and without regard to when bills for such items are incurred, received or due, HUSBAND shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 15. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separately from this point forward. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident PA- , CA ?eJA R to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. The parties agree that the regarding any division of joint accounts, such accounts shall be divided so that cost basis, adjusted basis, holding period, and potential tax recapture liability of all such investments are divided equally. 16. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. CA ?A? JA 22. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: W' ss /an tticks, Wife a": l 1 COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBE AND ) On this, the day of 2008, before me, the undersigned officer, personally appeared CHANDRA AT ICKS, kn n to me, (or satisfactorily proven) to be the person whose name is subscribed to the hin instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto NOVAK UAL AM AD" !M t1 i IM., 11IM11ALAIIIII) G&JWV WOU1M111N o &own w-'s. am N hand and-afficiA seal. commission expires: kL VCA-; ? ?09 JA wv la I .n?* 3 i WITNESSETH: ?Xllk" M. k?oorl Wi ess rhn P. Atticks, IV, Husband Date: 11710,'? COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of 3V uC?r 200% before me, the undersigned officer, personally appeared JOHN P. ATTICKS, IV, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4 m? w t N ary Public // ?? `` My commission expires: ??- ?Q SEAL COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jule M. Good, Notary Public Cadisle Born, CuTbaland County My Corm9seion E)plres Dec. 6, 2011 Member, Pennsylvania Assed atlon of Notartoc CA ?JA ?? ???-? .a t ??. ? ? JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 5059 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and nirety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: / /,Z , 4? ?_ , n P. Atticks, IV, Plaintiff /o A / WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4-3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. "e 0, r_2?0_? Date: p? li y 01K? J P. Atticks, IV, Plaintiff ? nf .?. °- .?c- °"rr rr, ` . ' f;: a. ? ?. ; t 7` ` c ? ? 1'rt ? .? I JAN 1 9 2009 JOHN P. ATTICKS, IV IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2008 - 5059 Civil Term CHANDRA ATTICKS, ACTION IN DIVORCE Defendant ORDER AND NOW, this 13f? day of '?ru, , 2009, having reviewed the attached agreement between the parties dated January 8, 2009, it is hereby ORDERED and DECREED as follows: 1. John P. Atticks, IV, and Chandra Atticks, shall have shared legal custody of their child, Maison Isaiah Atticks, born 6/30/2005. 2. The parties shall share physical custody of their son, Maison Isaiah Atticks. 3. The parties' agreement, dated January 9, 2009, shall be entered as an Order of Court. cc: ZJan a Adams Espwire for father Chandra Atticks, mother coP I.es E , r 144 69 By the Court: Vt".VAI -,c, N-71d 9 I :11 WV h 1 Nvr 6ooz Advic)l41(ji l() d al1 do JOHN P. ATTICKS, IV Plaintiff vs. CHANDRA ATTICKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 5059 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of the service of the Complaint: Served certified mail, restricted delivery received by Defendant on September 5, 2008. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff By Defendant: January 12, 2009 January 8, 2009 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 9, 2009. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 14, 2009. Date: lRespectfully,SubRiitted: dan Adams, Esquire I.D. No. 79465 ,17 /VV. South St. arlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff r-+ . ?7 ? ??a.',3, ?? t?'? l? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. ATTICKS, IV, Plaintiff V. CHANDRA ATTICKS, Defendant : NO. 2008 - 5059 Civil Term DIVORCE DECREE AND NOW, 1 ul????, 23 oO it is ordered and decreed that JOHN P. ATTICKS, IV, Plaintiff plaintiff, and CHANDRA ATTICKS, Defendant , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; the marriage settlement agreement which was filed on January 9, 2009 under the above-captioned number is incorporated but not merged into this Decree. By the Court, , Att t: J. r e?744!z? e 95P Prothonotary ,v,w 7144 ya, ?6' -i F4LEC .,,.11r;c 20t0 APR 28 PK I S9 ti3 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com JOHN P. ATTICKS, IV, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2008 - 5059 Civil Term CHANDRA ATTICKS, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, John P. Atticks, IV, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. John P. Atticks, IV, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff and Petitioner in the above-captioned matter, and is an adult individual currently residing at 155 Amy Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Chandra Atticks, now known as Chandra Bechtal, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is currently residing at 9 Fairfield St., Newville, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of the following minor child: Maison Isaiah Atticks, born June 30, 2005, age 5. 4. The parties are subject to an Order of Court, pursuant to an agreement, entered on January 13, 2009, under the above-captioned number, which provides that the parties have shared legal custody and shared physical custody. f??-? all a53 S 5. Since entry of the prior Order, there has been a substantial change of circumstances, because the composition of the parties' households has changed, and Mother has moved, remarried, and had another child. 6. Father has enjoyed significant additional time with the child during the past year, than as provided in the custody stipulation and Order. 7. The child is going to be entering Kindergarten in the fall of 2010 and Father does not believe that shared custody would be in the best interest of the child during the school year. 8. Father is requesting that the current custody Order be modified such that the child resides primarily with him during the school year, and that Mother have liberal and ongoing contact with the child during other times. 9. It would be in the best interest of the child to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order does not adequately provide for the child. 10. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Respectfully submitted, Date: a e Adams, Esquire I. No.79465 1 West South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 411o?hn P. Atticks, Petitioner `? 10 tN P. ATTICKS, IV P1,AINTII'F V. CHANDRA ATTICKS DI; I"N'DANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA 2008-5059 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 30, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle Oil Thursday, June 03, 2010 at 8:30 AM for a Pre-l-learinu, 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. FadUre 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/ Hubert X. Gilroy, Esq Custody Conciliator The Court of Common Pleas of'Curnberland County is required by law to comply vvith 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 fours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOUI.,D "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. N C7 c, Cumberland County Bar Association 32 South Bedford Street -? ??- -,-? ^ACarlisle, Pennsylvania 17013 W `? r U CD Telephone (717) 249-3166 4 SO-(0 N ofiCk- (YVA; led -it . . n? `r7 -? CO < ?C• 3o t c? c.r?? ??c? ? n Cs ? ` e . I MOM _ & Kurur.axis Michelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 JOHN P. ATTICKS, IV Plaintiff V. CHANDRA ATTICKS, Defendant "7 04V 201011AY -7 ' 2: 2u IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-5059 CIVIL ACTION -LAW IN CUSTODY Please enter my appearance on behalf of the Defendant, Chandra Atticks, now known as Chandra Bechtel, in the above-captioned matter. Respectfully submitted, Date ABOM & KUTULAKIS, L.L.P. Michelle L. Sommer squire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 t f AND NOW, this 7th day of May, 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance, upon Counsel for Plaintiff by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Jane Adams, Esquire 17 West South Street Carlisle, PA 17102 Respectfully submitted, Abom & Kutulakis, L.L.P. lwwa(k- ?Gwuu Michelle L. Sommer, squire Attorney ID No.93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 r JOHN P. ATTICKS, IV, Plaintiff vs. CHANDRA ATTICKS &Wa CHANDRA BECHTAL, Defendant IN THE COURT OF COMMON PLEA$:-OFZ; CUMBERLAND COUNTY, PENNSA*A CIVIL ACTION - LAW - :, l- NO.2008-5059 IN CUSTODY COURT ORDER NOW, this day of T, ? ? ?, ,2010, upon consideration of the attached Custody Conciliation Report, it is ordered and dire ted as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 4`h day of August, 2010 at 1:30 p.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order of January 13, 2009 shall remain in place. cc: " J Adams, Esquire Michelle Sommer, Elsqu}re C&o I *ES' /Y! a L lqCL BY THE COURT. JOHN P. ATTICKS, IV, Plaintiff VS. CHANDRA ATTICKS a/k/a CHANDRA BECHTAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-5059 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Maison Isaiah Atticks, born June 30, 2005 2. A Conciliation Conference was held on June 28, 2010, with the following individuals in attendance: The father, John P. Atticks, IV, with his counsel, Jane Adam, Esquire, and the mother, ChandraAtticks a/k/a Chandra Bechtal, with her counsel, Michelle Sommer, Esquire. 3. The parties reached a custody agreement in January of 2009 at the time they were getting divorced. The child will be starting kindergarten this September and the parties are unable to agree upon a school district. Father lives in the Carlisle School District and mother lives in the Big Spring School District. Additionally, mother is seeking primary custody because she suggests she is a stay-at-home mom and available for the child while she indicates father is working quite a bit. Father suggests he has a more stable living situation and he is seeking primary custody. A hearing is required and the Conciliator recommends an Order in the form as attached. Date: June 2010 Hubert X. Custody ( 4 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmaiLcom JOHN P. ATTICKS, IV, V. Plaintiff 70101,,?.J - J i „ . G:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 5059 Civil Term CHANDRA ATTICKS, a/k/a, CHANDRA BECHTAL, Defendant IN CUSTODY CIVIL ACTION - LAW MOTION FOR CONTINUANCE AND NOW comes the Plaintiff/Petitioner, John P. Atticks, IV, by and through his Attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff (hereinafter "Father"), is John P. Atticks, IV, who is represented by Jane Adams, Esquire. 2. Defendant (hereinafter "Mother"), is Chandra Bechtal, who is represented by Michelle Sommer, Esquire. 3. A hearing is set in this matter for August 4, 2010 at 1:30 p.m. before this Honorable Court. 4. The parties recently attended mediation and are working on completing a written stipulation regarding their agreement. 5. Counsel for the parties received the mediation notes just several days ago and have not had a chance to finalize the written agreement. 6. The parties have agreed that the child, Maison Isaiah Atticks will attend Carlisle School District. 7. Father is requesting that this matter be continued generally, in order to give the parties a chance to execute a written stipulation. 8. Mother's counsel, Michelle Sommer has been contacted regarding the continuance, and regarding including the agreement about the school district as part of the Order and she concurs with both matters. 9. This matter was previously scheduled before Judge Oler. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant a continuance of this matter. Respectfully submitted, o.t e 8'3/0 f . D. No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR FATHER CERTIFICATE OF SERVICE AND NOW, this August 3, 2010, I, Jane Adams, Attorney for Father, John P. Atticks, IV, hereby certify that a copy of this MOTION has been duly served upon the Mother by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Michelle Sommer, Esquire 2 W. High St. Carlisle, Pa. 17013 ATTORNEY FOR MOTHER Jane Adams, Esquire I.D. No. 79465 17 W. South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER JOHN P. ATTICKS, IV, V. Plaintiff CHANDRA ATTICKS, a/k/a, CHANDRA BECHTAL, Defendant AUG 0 4 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 5059 Civil Term IN CUSTODY CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of A ,.J U 2010, this matter is continued generally. Pursuant to the parties' agreement, the child, Maison Isaiah Atticks shall attend Carlisle School District starting in August 2010. BY THE COURT: cc Jane Adams, Esquire, for father Michelle Sommer, Esquire, for mother 2CJ 6ES ; - JOHN P. ATTICKS, IV, V. CHANDRA ATTICKS, a/k/a CHANDRA BECHTALS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA CIVIL ACTION - LAW NO 2008 - 5059 IN CUSTODY 2 ;r, MCj C CUSTODY STIPULATION ca c: ca c? -n t (:3 C) Chandra Bechtel (hereinafter referred to as "Mother"), and John Atticks (hereinafter referred to as "Father"), having used the Mediation process to amicably settle and resolve the matter of custody with respect to their Child, Maison Atticks, born June 30, 2005, hereby stipulate and agree to the entry of an Order of Court as follows: 1. The Father, John Atticks, and the Mother, Chandra Bechtel, shall have shared legal custody of Maison Atticks, born June 30, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, 'education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parents shall have physical custody of the Child in accordance with the following schedule: A. Alternating Weekends: The parents shall alternate having custody on the weekends from Saturday after the Father's work until Sunday between 5:00 PA -L, p.m. and 6:00 p.m. B. Every Week: (1) The Father shall have custody of the Child from Sunday between 5:00 p.m. and 6:00 p.m. through Tuesday when the Child goes to school or daycare; however, Mother shall have the child after school Monday, until Father is off work on Monday. (2) The Mother shall have custody after school until the Father is off work on Tuesday; (3) The Father shall have custody from after work on Tuesday until school or daycare on Wednesday; (4) The Mother shall have custody from after school on Wednesday through Thursday when the Father gets off work; (5) The Father shall have custody from after work on Thursday until the Child goes to school or daycare on Friday; and (6) The Mother shall have custody from after school on Friday through Saturday when the Father gets off work on three Fridays per month. Father shall have custody of the child from after school on Friday through Saturday one weekend per month. C. If the Child attends morning kindergarten, the Mother shall pick up the Child after school everyday and have custody until the Father gets off work, except on the Mother's Wednesday and Friday overnight periods of custody when she shall retain custody. D. The custody schedule set forth in this provision shall begin on August 23, 2010. 3. The Mother and the Father shall share having custody of the Child on holidays as arranged by agreement. 4. Each parent shall be entitled to have periods of vacation with the Child as arranged by agreement. 5. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. 6. The parties acknowledge that the Child will have an adjustment in beginning kindergarten in August 2010 as well as beginning a new custodial schedule and therefore agree to cooperate in reviewing the custody schedule in approximately six months, or sooner if the Child is having problems, to ensure that the schedule is meeting the Child's needs. 7. The Mother and Father agree that they shall be flexible with this custody schedule which can be altered or modified by their mutual agreement. In the absence of a mutual agreement to change the schedule, however, the parties acknowledge that they must follow the schedule set forth in this Stipulation. 8. The parties agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order granting custody as set forth herein. 9. The parents hereby request that the Court enter such an Order which shall replace and supersede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for entry of a Custody Order on the date indicated below. f ? / e M i Date ; C andra Bechtel, Mother Michelle Somme • squire Date /Ohn Atticks, Father J e Adams, Esquire n JOHN P. ATTICKS, IV, V. Plaintiff CHANDRA ATTICKS, a/k/a, CHANDRA BECHTAL, Defendant AUG 31 1Z010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 5059 Civil Term IN CUSTODY CIVIL ACTION - LAW ORDER AND NOW, this day of> 2010, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on August 30, 2010, shall be entered and incorporated into this Order of Court. BY THE COURT: cc Jane Adams, Esquire, for father Michelle Sommer, Esquire, for mother ?o l eS en.-tt LecL 9/3 /to Q N