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Home My WebLink About05-5017 Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, P A 17061 717-692-2345 * phone 717-692-3554 * fax jeffengl@epix.net ANDREW C. WHITE PlaintifJ1Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. OS - .5DI7 O;uJ T'fJLW] LISA GRAY and, BLAKE E. KRITZBERG Defendants/Respondents CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: PETITION TO REGISTER OUT-OF-STATE CUSTODY DECREE AND TO TRANSFER CUSTODY JURISDICTION I. The Petitioner in this matter is ANDREW C. WHITE, an adult individual currently residing at 50 Pinecreek Drive, Carlisle, Cumberland, Pennsylvania, 17013. 2. The Respondent LISA GRAY, is an adult individual with a last known address of 6515 Delmonico, #12, Colorado Springs, CO 80919. 3. The Respondent, BLAKE E. KRITZBERG, is an adult individual currently residing at 49 East Avenue, Naples, New York, 14512. 4. The subject minor children of this action are KYLE DAVID WHITE, age 15 (DOB 6/7/90), JOSHUA AARON WHITE, age 12 (DOB 5/31/93) and MEGAN ALICIA WHITE, age 13 (DOB 5/5/92). 5. Andrew C. White is the natural father of the three (3) subject minor children. 6. Lisa Gray, formerly Lisa White, is the natural mother of the three (3) subject minor children. 7. Blake Kritzberg is the former spouse of Andrew C. White and stepmother of the three (3) subject minor children. 8. Petitioner and Respondent, Lisa Gray, were married in 1989 and resided in Brighton, Colorado until 1995 when they separated. 9. A custody action was commenced at action 95 DR 533 of the District Court, Adams County, Colorado in 1995. 10. In 1996, the Petitioner relocated, without the three (3) subject minor children, to Coudersport, Potter County, Pennsylvania. II. By Order of Court dated January II, 2002 and Stipulation and Agreement entered into between the Petitioner and the Respondent, Lisa Gray, in the District Court of Adams County, Colorado at Action 95 DR 533, the Petitioner became the primary physical custodian or "primary residential parent" of the three (3) subject minor children. (See Certified Copy of Order dated January 11,2002 and Parties Stipulation and Agreement filed December 17,2001, collectively attached hereto as Exhibit "A"). 12. The Petitioner remarried the Respondent, Blake E. Kritzberg, in March 2000 and the couple resided at 360 North Hollow Road, Coudersport, Potter County, Pennsylvania, 16915, until they separated in August 2004. 13. The Petitioner filed a Petition for Modification of Custody in Potter County, Pennsylvania at docket 495 of 2004 on September 3, 2004. (See true and correct Copy of docketing statement attached hereto as Exhibit "B"). 14. Subsequently, a Petition for Contempt was filed by Respondent, Lisa Gray, in Adams County, Colorado alleging that the Respondent had violated the terms and conditions of the Colorado custody order currently in place. 15. By agreement of the Petitioner and the Respondent, Lisa Gray, the Petition for Contempt was discontinued. Further, custody jurisdiction of the matter was relinquished by Adams County, Colorado and transferred to Potter County, Pennsylvania by Order and Settlement Agreement of the Parties dated June 16,2005 (See Certified Copy of Order dated June 16,2005 and Registered Copy of Settlement Agreement dated May 11,2005, collectively attached hereto as Exhibit "C"). 16. Further, by agreement of the parties, Blake E. Kritzberg, is to be a named party in all pleadings in Pennsylvania, and she shall be joined in as a party in any proceedings as long as Megan A. White is with her. (See Settlement Agreement at Paragraph 2, at p. 2 of 6, Exhibit "C"). 17. The Petitioner relocated from Coudersport, Potter County, Pennsylvania to Carlisle, Cumberland County, Pennsylvania on July 14,2005 in order to secure a better employment opportunity. 18. This Honorable Court has the authority vested in it to register the out-of-state custody decree and proceedings of the District Court of Adams County, Colorado. 19. Title 23 Pa.C.S.A. 95357, provides as follows: Each office of the clerk of the court of common pleas shall maintain a registry in which it shall enter the following: (1) Certified copies of custody decrees of other states received for filing. 20. It is believed and therefore averred, that the certified copies of the custody decree attached hereto, filings, or any other documents of the State of Colorado have not yet been registered in the Commonwealth of Pennsylvania. 21. The pending Petition for Modification of Custody was discontinued by the Petitioner on June 24, 2005 and, therefore, there are no further actions before the Court of Common Pleas of Potter County. (See Exhibit "B"). 22. It is believed and therefore averred, that Cumberland County is the appropriate venue within the Commonwealth of Pennsylvania to register the out-of-state custody decree as the Petitioner's primary residence is located in Cumberland County, Pennsylvania and all three (3) subject minor children are currently within the jurisdiction of Cumberland County. a. It is respectfully submitted that it is in the best interests of the children for this Honorable Court to assume jurisdiction. 23 Pa.C.S.A. 95344. WHEREFORE, it is respectfully requested This Honorable Court enter an Order directing the following: (1) The Order of Court of the District Court of Adams County, Colorado dated January I I, 2002 and the Agreement and Stipulation of the Parties filed on December 17,2001 is hereby directed to be registered in the Office of the Prothonotary of Cumberland County; and (2) The Order of Court of the District Court of Adams County, Colorado dated June 16, 2005 and the Settlement Agreement dated May I I, 2005 is hereby directed to be registered in the Office of the Prothonotary of Cumberland County; and (3) Custody jurisdiction over this matter is attached to Cumberland County, Pennsylvania. Dated: Respectfully submitted, E LAW OFFICES VERIFICATION I verify that the averments in this Petition to Register Out-of-State Custody Decree and to Transfer Custody Jurisdiction 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. ~ Andrew C. White, PlaintifflPetitioner DATE: ~- \"3 -D'S"" i'2/1?/2001 11:36 ARCKfV'REHA/ToMASETTI/ASHEN/ 7 1??561843?~ I i . NO. 306 RECEIVED DEe 1 ? 2001 DISTRICT COURT, ADAMS COUNTY, COLORADO Adams County Justice Center E-FILE 1100 Judicial Center Drive Brighton, Colorado 80601 In Re the Marriage of: Petitioner: LISA WHITEN/KJALISAGRAY A COURT USE ONLY A Respondent: Case Number(s): 95 DR 533 ANDREW C. WHITE Attorney for the Respondent: Division: B Ctrm: Law Office ofM. Paula Ashen, L.L.C. 26 W. Dry Creek Cir., Suite 740 Littleton, CO 80120 (303) 730-8500 or (303) 730-1830 Fax: 303-798-4637 ORDER TInS MATTER coming before the Court 011 the parties' Stipulation and Agreement as to all pending motions to modit'y allocation of parental responsibility and parenting time, motions to modit'y child support and motions for attorneys' fees and costs, The Court having reviewed the parties' stipulation and agreement which is attached hereto, made II part and parcel hereof and marked as Exhibit "I" (including the report of the Court appointed Special Advocate, Dr. Lon Kopit, attached to the parties' stipulation), having reviewed the file herein, and being fully advised in the premises, THE COURT FJNDS that the Parties' Stipulation and Agreement, Exhibit "r' to this Order is fair and not unconscionable as to the parties and is in the best interests of the minor children and that same shall be and is hereby made an order of the Court. . tJJ..- .~ ~~ DOnethisLL:daYOfDp~h~'''I'I'U{ I BY THE T: Combined Court. Adam. CUl:Inty, CO CERTIFIEO to b. . full, tru" .. .."..' copy of the original I" mv f;l,jaitody EXHIBIT I~ "'01 c:1'~'.') _r'.. ,.-. - , ,. 12/17/21il1il1 11:36 ., ' ffia<FY/REH"l/l uMASETT 1/R5f'CN/ ~ 17156HI4S(4. 1'tU....JC.lO """', DISTRICT COURT, ADAMS COUNTY, . COLORADO FILED/NAn M' Adams County Justice Center COMBllYto ~o~~rm 1100 Judicial Ce.ntl:r Drive DEe 1 ? 2001 arighton, Colorado 80601 IJl Re the Marriage of: Petitioner: USA WHITE n!kIa GRAY ... COURT USE ONLY.. Respondent: Case Number(s): 95 DR 533 ANDREW C. WHITE . Attorney for the Respondent; DiviSion: Ctrin: B M. PIlUle Ashen, Attorney at Law . Law OfficeofM, Pa~ Ashen, L.L.C. PARTIES STIPULATION AND AGREEMENT ' I " The Petitioner, Lisa White n/k!a Gray, by and through he'l'attomey, Rancly B. Corpomn, Attorney at Law aIJd the Respondent, Andrew C. White, by and through his lIttomey of record M. Paula Ashen, Attorney at Law, of the Law Office of M. Panla Ashen, L.L.C. stipulate and agree with respect to all pending lllotiOtl$ to IWdify allocation ofparenr.al :responsibility and parenting time,motions to modify cbild support and motions for atlomeys fees and costs as follows: . 1, The parties through their counsel have agreed that the mi= children of the parties, Kyle David (DlIte ofB1rth: June 7, 1990), Megan Alicia (Date ofBirtb: May S, 1992) and Joshua Aaron (Date of Birth: May 31,1993) shall :re.side with the Respondent who shall be the primary residential parent The parties agree that this is consistent with tlle report of Dr. Lon Kopit, attaohed hereto l\lld made a part and parcel hereof and marked as Exhibit "A". The parties agree that the ohildren sluill move to the rcsidence oitheResp"ondent on the 26111 day ofDccembcr 200L The parties agree that the childreIl shall enjoy Christmas break psre.trti!1g time . with the Petitioner and the Respondent for the year 2001 as follows: the children will spend Christmas with Petitioner and all three cbildren shall retum to Pennsylvania on December 26, 2001 with the Respondent 9),<.,'<,0 0'" q ........< 2. The parties bave agreed with respect to allocation ofpsrcntal responsibility that they shall continue to shsrc allocation ofpsrental responsibility for IDlIjor decisions as follows: religion, education, mental health and medical, The parties agree that they shall make major deoision:; together a!lto religion, education, mental health and medical decisions with respect 'to the children and if they have any disagreement they sha1l consult with Dr. Lon Kopit, whom the parties agree shall serve as an arbitntUlr pursuant to C.R.S. Section 14-10-12g.5. Combined Court. Adams County, CO CERTIFIED to bit " full. true It corrlct copy of the origi"~l In mv QI,l..todv o.'dieau.apan""p'Illl'lOl1'.ll\WWoo~1"oCIl'tI\I1\tmlll"oull~~IlQl; DATED ! PETITIONER'S i 5XHIB!T . l.'I!/"l."C.t.lIU"l. L~.'-'O Hl"C.U'o.C.I"~ IU'"r-toc:.lll.'t'1.:>r"ll::I'V .., .Lr(..)O..lQC.+",J,"", ) - 3. The parties agree that r!te Petltioner'mother shall have fuJ! and independent access to all schooling, health care, medical, IU1d, therll:py providers and records for the mlnor children at all times and jf she objectll or disagrees with any major deCisions as to of the children the mother shall have the right to take that objection to Dr. Kopit, the C.R.S. Section 14-10-128.5, as =n~, arbitrator. . Dr. Kopit shall then review the matter with both the Petitioner and the Respondent and shall mab:e a decision as to the disputed issue ptlrSlla!rt to eRS. Section 14. 10-128.5 as amended, after coDBU!ting with the appropriate persons. 4. The parties agree that Dr. Kopit may visitthe home of the Petitioner in Co)omdo before the children visit for the summer and during any visits with the Petitioner . and the children at the request of either The Petitioner or .the Respondent If the Respondent requests these visits he sba11 pay and be respoIlSible for Dr. Kopit's fees for any visits pursuant to this PllIBgraph. .'~. 5. With the exception of the fees lIli set forth above in paragraph 4, the p3I1ies agree that they shall.pay and be responsible for Dr. Kopit's fees ~ after December 11,2001 in proportion to their adjusted incomes as reflected on the child support worksheet "A" attached hereto and made II. part and parcel hereof Or any other worksheet that may be generated as a result of modification by Court order or by agreement of the parties in the future. The parties further stipulate and . . agree that the Respondent sba11 pay and be responsible for the fees of Dr . Kopit iIlcurred prior to and iiu:luding Pecember II, 200 I. . 6. The parties agree that the Petitioner shall have pllI'lll11ing time with the minor children as follows: a. Christmas: The parties shallllltcmllte having the childrc:n with him or her each year for the children's CIltln: Christmas break. The parties agree that the children shall be with the Petitioner in odd numbered years beginning in the year 2001 end 41 evety odd year thereafter. The Respondent shall have the children with him in all eVen numbered years for the Christmas break beginning in the year 2002 and continuing lnthe even numbered years thereafter. The parties have further agreed that, sl10uld the .Petitioner desire to travel at her sole lllCpen8e to the children's home in the even numbered ycara during the Chris1mas holidays, upon thirty (30) days . notice to the Respondent the children will be roade'available to the Petitioner for reasonable parenting time as agreed to by the parties. b. Sununer: The children sba!l spend six weeks each summer in Colorado with the Petitioner. The parties shall aaree no llltor than May I of each year as to which six week period that the Petitioner will have1he chilcb:en with her. If the parties are unable to lIgfee the :Petitioner shall have the children with her for the first six weeks of the summer in even numbered years commencing one week after the children are out of schoo! for the O:\Mw-ooc:n\t.lpa\Olvcrm~ ~r"*"'.f'lOi'll,,* J.__ .....' --"""'40. 40.............. ",,,......_,.,......... .-..--.,..."-........ . 40..._..._....., . yeit and in odd nwnbered years for the .Iast six weeks excluding the last week before school begins. . c. Spring Break. The Petitioner shall have parenting time with the children every spring break (the children's spring break from school) ill Colorado. d. Thanksgiving. The children shall spcnd each Thanksgiving with the Respondent. The partios have further a8reed that, should the Petitioner desire to travel !It her sole expense to the children's home during the Than)csgiving holidays, upon thirty (30) da}'llllotice to the Respondent the children will be made available to the Petitioner for reasonal:ile parenting lime as agreed. to by the parties. . e. The parties agree that, shOuld the Petitianer desire to travel at her sole CltpCIlBC to the children's home during any other times, upon thirty (30) days notice to the Respondent the children will be made available to the Petitioner for reasonable parenting time as agreed to by the parties. The parties agree that, should the Petitioner deslre to lIavel to rhe children's bome for additional parenting tUne as set forth herein, any parenting time agreed to shall not inteIfcre with the childrel1' $ schooling or activities. ) 7. As to parenting time the parties agree tbat there sball be no "banking" of ~ting time":' that is if parenting time is not ex:ero.Ised by the P~tioner it is lost and cannot be added to later parenting time already agreed to. ll. The parties stipulate and agree that they shall divide the traYQI e~$ for the children in proportion to their adjusted incOmes as re.llCClted on the child support worksheet "B" attached hereto and made a part and parcel hereon or any other worksheet that may be generated as a result of modification by Court order or by agreement of the parties in the future. The parties agree that they will use their best efforts to work together to obtain the lowest air fares posSIble for the children. The plU'ties agree that the children may fly II!laCCOmpanlcd for parenting tln:te if the flight is non-stop. The parties. agree that if the Respondell.t does not wish the children to fly UDaCCOlllpmied that he Shall accompany the children io and from visits with fue Petitioner and he shall pay and be respoIl4ible for his own tioket. 9. The parties agree that the child support due from the Petitioner to the Respondent is set forth on lhe attached child support worksheet "B", The parties agree that the Petitioner's child support payments shall be offset against the Respondent's . monthly attorney fees payments to the Petitioner as set forth below In paragraph II. As such the Petitioner's first child support payment shall be due on the first day of the month follOwing the Respondent' 8 final1llOnthly payment of attorneys fees as also set forth in paragraph 11 below. The parties stipulate and agree that the Petitioner's monthly chlldsuppoIt payments shall be paid, when they commence, by mail directly from the Petitioner to the Respondent until further c;:\ili~pa\I;ll"o'O~\W~CVllolnorVlllll'llu(~.dOC 1W17/2001 11'36 ARCl<EVIREHR/ILi'1Hb1::111~ .. rrr,:,bl""->''+ - order of the Court. The parties agree that the Respondent's child support obligations to the Petitioner have been and lire paid in full as of December 31, 200 I and that the Respondent as of December 31, 200 I owes no further child support to the Petitioner. (a) The parties further stipulate and agree that the Petitioner shall be entitled to clailn one of the children as a dcpe.ndency excmptiOli eveIy other year c6nimencing In theYeM 2003 and in every odd numberccl year thereafter until further order of the Court. The parties further agree that the Respondent shall be entitled to claim all three children as dependency 6Xemptiol1$ for the year 2001. The parties further agree that thereafter the Respondent shall be entitled to claim all three children as dependency exemptions in the year 2002 and in every even numbered year thereafter and two cbildren in all odd numbered years all UIItil further order of the Court. ) 10. The parties have agreed that the Respondent shall pay to the Petitioner the $IlJll of $15,000 at no interest as and for attorneys fees and CO$ls as follows: $7,500.00 on or before January 11, 2002 and the remaining $7,500.00 8hal1 be offset against the PetitiOD.<:r'S child support obligation as set forth in paragraph 10 commencing J llIUlary 2002 and continuing until paid in full. The parties agree thai the Respoiulent may pre-pay all or part of the remah1ing $7,500.00, without interest or penalty at any time. The parties specifically stipulate and agree that the payment of attorneys' fees and costs as set forth herein resolves all Petitioner's cl.aims for attorneys' fees Illld C\lsts currently pending in this action and in the Court of Common Pleas of Potter County, Pennsylvania also known and II1IIIlbered,as Andrew C. White, Plaintiffvs. Lisa White, Dcf"nrl~nt, case No. 112 of200L The parties agree that the Petitioner shall withdraw all of her claims for llttomeys' fees and costs in the Pennsylvania action forthwith. 1 L The patties agree that the Petitioner and the Respondllnt shall sign within (1) , sewn days of receipt IlllY and all documents needed to obtain passports for all three minor children. ' 12. The parties stipulate and agree that the above stipulation and agree:ment is m the best interests of the minor childre.n of the parties and is fair and not unconscionable as to the parties. The parties acknowledge that they have reached the within agreement after participating in mediation with Kevin Side!, Esq. 13. The patties request the within stipulation and agreement be made an order of the Court. a;\cl~ICO\'AAlIC6\o1h6rt1d1un'Orun:lCQlldin).'Ol: . 12/1'(/~1 ll:~b '. 110E!-'?:':I'IA.. lVU/tllOl U:~, lZl'~allllRl~ lI'olll f.M..:Kt-y""':t<t::l-iI-Y'llJ'*H:::X:.I[l/~..,. l'(,l::lbl,t14.,j"(4 1 DEe 14 1 'AX ~m, . IS lWlIlY CDIJlOJON ARc><<"'1V<A/~J""H>V ~ tIlIllUt3'Mo I.......~ 17:32 No,QOl P.OZ "'.... 10. _ IiQ7 STAfSOF COLOlAOO ) " IU. Call1lI1 at fI/ivoi'e!t. } S1l1lleril:old uillwom 14 i)etOrt..~b)o UtA W1tIte a/kIa cn.r 0# lhif J.f.:..~ u' Dt ~ 1OGl. , I , : lo~ U ~..I- t.-I, s,;.;, ~C; \le"~,.~ Co . ~pim'. ,..1oQ( ~iIOl ) LAwomcs Of 'lWmV B. COI.l'Oat:>>U,C. ~bc? S)'I lWldyB. ~lJI6~ ....ItWllfY tor l'cltiliOMt LAW"""", "" M"'7L"~ ~.- . M. PtIlI, ~-i'lO'I61 "'''=elY forP.oqONlet\t. -'M.it,....,..~;-..et.\l,f"'-"-~~....I....,..... )~~ I~~~/ . ~em. CIato) STAn 0'. ,.0.,4 ) Il . ) ,... COWllVof ~()T"'E ~ ) SIlb$tribed lIIld IWOtIl to Waro ~ hy AMrtow c ~ On IhIslL"'lkJ,I ot.~:t~J ~O1. . i', A> / L. ,. . ~<Jto.- 'NolIrY ~c.....(.~"", r~/t My"'''llnfouxpl~: "J / u)" > " N9Illl\IllSollI Co01GrIn4 S.CCIlIN.lClI.., PlA"'" ,,~..-ort Batl!. PoIIot t.ll"c" ~~1ilqoI"'1lerA..3U,*llo:l "",r_..yMmlu~~ 08/16/2005 TUE 11:50 FAX 814 274 0430 Leber\Watson ~ 003/009 09553608162005 PYS835 Potter County Pe~sylvania Docket Entn.es Page 2 8/H/2005 Case No 2004-00495 ANDREW C WHITE (VS) LISA GRAY (FORMERLY WHITE Date Filed - - - - - - - - - - - FIRST ENTRY - - - _ _ 1 9/03/04 PETITION FOR MODIFICATION OF CUSTODY VERIFICATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 9/13/04 ORDER REFERRING TO MEDIATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 9/17/04 CERTIFICATE OF SERVICE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 10/14/04 ANSWER TO DEFTS UNOPPOSED MOTION FOR ENTRY OF APPEARANCE PRO HAC VICE AND FOR MODIFICATION OF TIME CERTIFICATE OF SERVICE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 10/13/04 ORDER SEE INSTRUMENT MATTER WILL BE REFERRED TO MEDIATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 10/18/04 MOTIONS UNOPPOSED FOR ENTRY OF APPEARANCE PRO HAC VICE AND FOR MODIFICATION OF TIME CERTIFICATE OF SERVICE - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 10/21/04 RULE TO SHOW CAUSE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 10/27/04 RULE RETURNABLE 1-7-05 AT 10:00 AM - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9 10/27/04 ORDER THIS 10-26-04 PRO HAC VICE AND MODIFICATION OF TIME GRANTED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 10/28/04 CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE AND ORDER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11 11/03/04 MOTION FOR RECONSIDERATION CERTIFICATE OF SERVICE - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12 11/04/04 CERTIFICATE OF COMPLIANCE CERTIFICATE OF SERVICE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 13 11/12/04 ORDER THIS 11-5-04...RULE RETURNABLE 12-7-04 & 11:30 AM - - - - - - - - - - - - - - - - - - - - - - 14 11/19/04 MOTION FOR CONTINUANCE CERTIFICATE OF SERVICE - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15 11/19/04 MOTION FOR TELEPHONE TESTIMONY OF DEFT LISA GRAY AND APPEARANCE OF COUNSEL BY TELEPHONE FAX COPY CERTIFICATE OF SERVICE FAX COpy - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 16 11/23/04 PRELIMINARY OBJECTIONS TO JURISDICTION ORIGINAL COpy CERTIFICATE OF SERVICE UNOPPOSED MOTION FOR TELEPHONE TESTIMONY OF DEFT LISA GRAY AND APPEARANCE OF COUNSEL BY TELEPHONE ORIGINAL COpy CERTIFICATE OF SERVICE 17 ili29/04-ANSWER TO-PLTFFS MOTION-TO RECONSIDER- - - - - - - - - CERTIFICATE OF SERVICE 18 l2i03/04-AMENnED-PETITION FOR MODIFICATION-OF CUSTODY - - - - - VERIFICATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 12/03/04 ANSWER TO PRELIMINARY OBJECTION TO JURISDICTION VERIFICATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 12/03/04 AMENDED RULE TO SHOW CAUSE VERIFICATION CERTIFICATE OF SERVICE OF AMENDED RULE TO SHOW CAUSE 21 l2!20/04-0RnER-CONTINuING HEARING TO-1=7=05 AT-10:OO-AM - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 22 6/24/05 PRAECIPE TO DISCONTINUE PLTFFS PETITION FOR MODIFICATION OF CUSTODY AND AMENDED PETITIO FOR MODIFICATION OF CUSTODY AS WELL AS ALL PENDING CUSTODY MATTER W/O PREJUDICE - - - - - - - - - - - - - - LAST ENTRY I \.\ EX!, E-Fit.E DISTRICT COURT, ADAMS COUNTY, COLORADO . Court Address: 1100 Judicial Center Drive, Brighton, FILElI!J/lIIAMSowmY CO 80601 COMBINED COURT Phone Number: (303) 654-3249 JUN 1 6 2005 In re the Marriage of: LISA GRAY flk/a LISA WIDTE, Petitioner, A COURT USE ONLY A ANDREW C. WHITE, Respondent. Case No. 95 DR 533 Div.B. Ctrm.: 502 ORDER This matter comes on for review of the Parties' Settlement Agreement filed June 15, 2005. The Court having reviewed the Settlement Agreement hereby Fihds the Agreement to be fair, conscionable and in the best interests of the children Kyle, Josh and Megan. The Court approves and adopts the Settlement Agreement as an Order of the Court. The Court in accordance with paragraph Thirty-two of the Settlement Agreement hereby dismisses all pending Motions. The Court in accordance with paragraph One of the Settlement Agreement hereby declines further jurisdiction over the children Kyle, Josh and Megan, under the Uniform Child Custody Jurisdiction and Enforcement Act and transfers jurisdiction to The Court of Common Pleas of Potter County, Pennsylvania, Case No. 495 of2004. DONE AND SIGNED, this 16th day ofJune, 2005. BY TIffi COURT: Combined Court, Adams County. CO CERTIFIED to be a full, true & Correct oopy of the original in my custody ~~ District Court Judge EXHIBIT I" C'-.II DA TED '~8-Lb-'~8 1~:~1 fHUM-Han, B. Gorporon 3033221376 T-370 P02/07 U-665 E-FILE DISTRICT COURT, ADAMS COUNTY, COLORADO Court Address: 1100 Judicial Center Dr. Brighton, CO 80601 303-659-1161 Filed In Adams County Combined Court JUN \ 5 2005 In re the Marriage of: LISA GRAY, t/kJ. WIDTE, Petitioner, ombined Court, Adams County, CO ERTlFIED to be 8 full. true & COfrect py of the original In my custody and ANDREW C. WlIlTE, Respondent A'9'ORNEYS FOR PF;TITION~ 4w Offices of~y B. COrpQron, P.C. Randy B. CorporOll, Reg. No. 29861 ~ Toibe.nson, R,eg. ~o: 29860 1724. <;>i!:jnn S1reet' ; Perwer; CO 80218 ' Pho~ N!Jmber: 303-32?-()()36 E-mail: tooronc.nJaw.com Case Nllmber: 95-DR-S33 Div,; Ctrm: S.l SET1U:MENT AGREEMENT This Agreement is entered into by the par#e~ nunc pro rune to May 1 J, 2005 as indic~ed by their signatures ausl ~ signatuies of COUl!liel.. . , . ,I . , ! It is the desire ofihe plllties to ~cably s.ettIe. ailj ust and compromise 0" a permanent basis all rnatte~ relating to allooation ofp~ @,SPOnsibilities, child support, ~juri.sdiction. Eallh ~(the parties IlIlS had the b~t of coimsel in conneetion with the negotiations for and chaftjllg of this ~nt., ! '; , . . : : . , This is a ~orandulll ofunderstandi?t and settlement ohll issues. , . CD , " Pagelof6' ~ . ~alS of All Partie~ttorneys PAGE: 2 / , ['7 IC( ",I)IAY-E6-2005 THU 11: lSAM ro, "j' r '~~-Zti-' 05 12: 22 FRil'I-Ran B. Gorporon 3033221376 T-370 P03/07 U-665 Parties understand and agree that Judge Sidel has assisted in preparing the final memorandum of understanding and this Agreement. 1. Parties agree that jurisdiction Over minor children Kyle, Josh and Megan is to be with Penll5ylvania court pursuant to the requirements of the Uniform Child Custody Jurisdiction and Enforccmel1t Act. The parties agree that a child custody proceeding has been filed in Pennsylvania, and that, once this Court adopts this agreement as an Order of the Court and the Court in Pennsylvania registers the Colorado Orders, this Court shall declil1e further jurisd iction. 2. Parties agree Blake Kritzberg to be named as a party in all pleadings in Pennsylvania, and sbe is to be joined as a party in any proceedings as long as MegJU\ is with her. 3. The parties also agree that there is no objection at this time to the Law Offices of Randy B. COrporon continuing to represent Lisa Gray pro hac v/{M in Pennsylvania, unless there is a change in circumst.llnces. 4. Parties agree that all parenting time in Colorado 88 specified in this Agreement is between U!14 and the boys, Josh and Kyle, only. The parties filrtber agree that the visits between LillA and Megan shall be tberapeutic and supervised as specified in paragraph 12 below, until further agreement or Order of Court. s. Parties agree that Lisa to have summer parenting time with Josh and K:yle 2005 as follo'\v$: the first visit shall be after June 12, 2005 in Pennsylvania with both boys. Parties to work out ammmt of time, but no less than one week unless otherwise agreed by the parties. The next vi !lit in SUlDll1er 200S (after the first visit in Pennsylvania) sha!l be in Colorado. The times and specifiC/! shall be worked out by the )W1ie!l. Summer 200S visit in Colorado will be two weeks for Kyle IlJld one week for Josh. The boys shall fly out and visit together for first week. After the first week Josh shall go back to father's home and Kyle sha11 stay with Lisa. If either party believes that there is an emergency during mother's pllTOIlting time, Dr. Kapit shall conduct an investigation. If Dr. Kapil rmds that an emergency exists, Dr. Kapit may modify the parenting time. If Or. Kopit is unable to conduct an investigation as to a claimed emergency, Kevin Sidel shall substitute for Dr. Kapit. 6. For sWl'ltnOl'9 after 2005 parties agree Dr. Kopit shall conduct a review to work with the parties and determine amount of parenting time if an increase or change is appropriate, pUr8uant to paragraph J 6, below. 7. Parties agree that while Christlnas vacation is less than two weeks the parties will alternate this period. For Christmas 2005 and in odd years thereafter the boys will be with Lisa and for 2006 and even years-thereaflcr the boys will be with Andy. If/when the Christmas vacations become at least two weeks, the parties agree that they shall el!Ch get one week or one.half of the vacation period and that, for the first two-week Christmas break, the person who Iiad Christmas the year before shall have the seoond week or the second haJfwith the boys. i'I'1Y-26-2\il05 n.lJ 11 r16AM ID: Page20f6 , / - Dh . ~ 4aJ V . ~als of All Parties and Attorneys PAGE: 3 'B5-26-'B512:22 FROM-Ban.. B. CorporOD 3B33221376 T-37B P04/07 U-665 8. Lisa shall have the boys with her for ~ery Easter break. 9. Andy shan not permanently remove the children from the 48 contiguous states without a CoUrt order Or an agreement of the parties made a Court order. 10. The parties agree that they stlIl shan: d~iaion.making for major non-emergency medical decisions for their children. As to therapy for the children, the Parties agree that they will select a Pennsylvania therapist for the children. If they cannot agree: on a therapist, Dr. Lon Kopil in Colorado shall have binding arbitration authority pursuant to the Colorado Arbitration Act to select the therapist. The parties agree that they shall eaoh submit no more than three therapist names to Dr. Kopit. Dr. Kopit will interview the therapists and then select one. 11. The parties agree that they shall agree to a therapist to COnduct the supervised therapeutic visits between Megan and Lisa. If they cannot agree, then Dr. Kopit will select one by the Same method as set forth in paragraph 10. Iftberc arc disputes as to parenting time with Megan, Dr. Kopit shall resolve these disputes after discussions with Megan's CUJTent therapist at the time of the dispute. 12. The parties agree that Lisa's parenting time with the boys shall take priority over extmcurricular activities but they also agree that if there are any disputes between the boy(s) and their mother as to this that Dr. Kopit shaI1 resolve them via ~ation/arbitration. 13. The parties agree that Andy has sole decision-maldllg regarding all three children as to education and extracurricular activities. 14. Each party shall have unlimited access to medical, dentalllnd therapy providers/records and also to school records as to the children. If there are any disputes as to access/records, Dr. Kopit shall resolve these disputes via mediation/arbitration. 15. rfthere are disputes as to parenting time for any of the three children Dr. Kopit shall resolve those disputes. lfthe child has an issue with the parenting time then the child or hislher therapist shall discuss this with Lisa first and then if the childlLisa can't resolve the dispute they shall refer the issue to Dr. Kopit for mediation/arbitration. 16. The parties agree that disputes concerning parenting time for any of the three children shall be resolved by mediationibinding arbitration through Dr. Kepit pursuant to Colorado Arbitration Act rather than submitting parenting time disputes to the Court. Dr. Kopit's authority concerning parontiag time shall include change(s). increase(s) and/or dccrease(s) to parenting time. The parties agree to this j1'lUIt of authority to Dr. Kopit to resolve parenting titne disputes but do not grant the same authOrity to Dr. Kopit for any other issue unless specifically set forth in this agreement. If a child has an issue with the parenting time then the child or hislhet therapist shall discuss this with Lisa first and then ift!le ehildlLisa can't resolve the dispute they shall refer the issue to Dr. Kapit for mediation/arbitration. page3of6. ~ ~ ~a1S of All Parties llI!4 Attorneys MAY-26-200S THU 11.16AM 10: PAGE: 4 '135-26-' 115 16 :42 FROM-Rar.. '8. Corporon 31133221376 T-372 P01/1l1 U-679 20. The parties agree that the exemptions/deductions shall be divided by allocating 20 % to Lise. I and 80 % to Andy. If the parties cannot agree as to the specific nwnber of exemptions! deductions and/or cannot agree to the yearly division of the exemptiol1$/deductions, the issue shall be submitted to Kevin Sidel to be resolved by binding arbitration. . 21. A parent shall not be entitled to claim a child as a dependent if he or she has not paid all court ordered child mpport for that tax year as of December 31 of the taxable year, Or if cleirriing the child as a dependent would not result in any tax benefit. 22. The parties agree that Andy will call Lisa and let her know Kyle and Josh's summer plans as soon as he makes them so Lisa can plan for her iIlltlrI1er parenting time with the boys in 2005. 23. Parties agree that Lisa shall have the right 10 contact the children by telephone Or Ietter at IIIlY time. The partia agree that Lisa may contaot the children by e-mail if the children have e-mail access and privileges. The parties agree that Lisa may send the children gift8. If Andy has any concern about gift(s) Andy may raise that issue with Dr. Koplt Andy shall inform Lisa of all e. mail addresses for the children and telephone numbers at which the children may be contacted no later than thiny days from May 11, 2005, the date ofrnediation. Should Dr. Kopit find that a gift sent by Lisa to any of the children Is inappropriate, gifts for the children ftom that time forward shall be sent by Lisa to Andy for Andy's review prior to givittg to the children. 24. Andy shall pay for all summer travel for the boys for 200S summer only (that is for the visit in Pennsylvania and the visit in Colorado). Andy shall not be respollSible for Lisa's ticket to come to Pennsylvania in 2005. 25. The parties agree that <<ll other travel expenses thereafter shall be divided by Ihe parties lit 80% to be pllid by Andy and 200,f, to be paid by Lisa. Andy will cooperate willl Lisa in seeking best ticket prices. 26. Thepartieugree that Andy will pay for 100% of all of Dr. Kopit's fees as of May II, 2005 and thereafter the parties will divide same 20% to be paid by Lilla and 80% to be paid by Andy. The parties agree that Dr. Kopit can vary this percentage ifhe detennines that one of the parties acted UJIJ'CUOnably. 27. Andy paid for all mediation fees for the mediation sesslOti On May II, 2005. For any mediaUon fees after May II, 2005, including time spent by Kevin Sidel to help finalize this agreement, the parties agree to divide same 20% to be paid by Lisa and 80".4 to be paid by Andy. The parties agree that Kevin Sidel can vary this percentage ifhe determines that one of the parties acted unreasonably. 28. Andy will pay attorneys fees directly to Law Offices of Randy B. Corporon in the sum of $13,000.00 wi1hin 90 days from May 12, 2005. Lisa shall pay and be responsible for all . remaining a1torncyll' fees and costs due her attorneys and she shall hold Andy hannIcss and .-~~.~.. <'-" 1.L.. th--"-- -.. -:-~~e....1U WIll """,-,um. 29. Lisa shall continue to pay chUd support as previously ordered and Andy does not seek modification of child support at this time. MAY -26-2lil05 1HJ 03: 36PM ID: Page 4 of6 -~~{jj~l~arties~~OmeYs ~I PAGE: 1 . 05-26-'0512:23 FIICt1-Rar. B. Corporon 3033221376 T-370 P06/07 U-665 29. Lisa shall continue to pay child SUppOrt as previously ordered and Andy does not seek modification of child support at this time. 30. Andy waives past due child support through May, 2005 (for 8 months in the approximate amount of $2,600.00). 31. The parties agree that Megan will change therapists within thirty (30) days of May 11, 2005. 32. The parties agree to request that the Court dismiss all pending matters before the Court, includin~ the Motion for Contempt filed in Colorado against Andy, with prejudice upon all parties stg!linll this ~ement. The parties waive confidentiality of Kevin Sidel if necessary to have the Court enter orders consistent with the parties' intent. MAY-26-2005 TIiJ 11:17AM 10: Page 5 of6 n "....., ~ 5IaJ . ~a1s of All Parties and Attorneys PAGE'6 '~~-~o-'~~ 1~:23 FROM-Har. B. Corporon 3033221376 T-370 P97/97 U-665 IN WITNESS WHEREOF, we have signed this Agreement to be effective as of the ] ] lh day of May, 2005. . ) ) 8&. ) ~~ Andrew C. White, Respondent fJA STATE OF COLQJVd)O COUNTy OF LvCoMI/IJ!::J ~ft-s- ate STATE OF COLORADO COUNTY OF ) ) ss. ) - 6?i . Subscribed lIl\d swom to before me this JIll. day of ~ .2005, by Respondent, Andrew C. White. Witness my hand and official seal. ission exPires:..JIi.nlU.n..t 4. ~()(Yj l bliC/GIerk of Coutt NOnW.IIM .. R.1IClOlC NaIaIy NlIc CIlYOf WI.IU1I. an; LW:O~ COUNlV VMP. Jan4,2Oll.9 dy B. Corporon, R . 0.29861 Dane Torbenson, Reg. No. 860 Rose Mary Zapor, Reg. No. 30594 1724 Gilpin Street Denver, Colorado 80218 ATl'ORNEYS FOR ltESPONDEl'ofT -s:;-:- M. Paula Asheu, Reg. No. 10762 26 W. Dry Creek Circle, Ste. 740 Littleton, ColoI'lldo 80120 AITORNli;YS FOR PETITIONER .-/ ~ ---... MRY-26-aaes THU 11:17RM to: Page6of6 01/1/7 I/ttJ ~ ~al~arties and AttorneY~:7 ANDREW C. WHITE PlaintifJlPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. LISA GRAY and, BLAKE E. KRITZBERG D~fendan~/Responden~ CIVIL ACTION - LAW IN CUSTODY CERTIFICA TE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certifY that a true and correct copy of the Petition to Register Out-of-State Custody Decree and to Transfer Custody Jurisdiction was sent as indicated to the following: U.S. CERTIFIED MAIL - RRR & U.S. FIRST CLASS MAIL LISA GRAY 6515 Delmonico, # 12 Colorado Springs, CO 80919 BLAKE E. KRITZBERG 49 East A venue Naples, NY 14512 U.S. MAIL FIRST CLASS ANDREW C. WHITE 50 Pinecreek Drive Carlisle, PA 17013 RANDY B. CORPORON, ESQUIRE 1724 Gilpin Street Denver, CO 80218 Attorney for Lisa Gray 14;:5- / " Dated: (J iq.. ~ -....... t --- D ......... - () n ....., 0 "0 C;=:J Q ~ c., -n <:,1"1. -0 --a V) =I'" ~ 6"- LJ rf 1 -C M1e r,.) ~~'~ ?-- w -0 .:o".--rl , l~- -,~ ".;;.C"J E ,.I."', w C5rn ;:---1 :;J ":5 -I-- U1 '< --L. 0 ANDREW C. WHITE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA GRAY and BLAKE E. KRITZBERG : NO. 2005 - 5017 CIVIL TERM ORDER OF COURT AND NOW, this 4TH day of OCTOBER, 2005, a Rule is issued upon all parties to Show Cause why the order ofthe District Court of Adams County, Colorado should not be registered in this court with this court thereafter having jurisdiction in the matter. Rule returnable twenty (20) days after service. ~,..~ J/-'" ~~ ) ffy the Court, ; Edward E. Guido, J. Arey B. Engle, Esquire 129 Market Street Millersburg, Pa. 17061 Lisa Gray 6515 Delmonico, #12 Colorado Springs, Colorado 80919 ~ ,.)Make E. Kritzberg 49 East Avenue Naples, N.Y. 14512 :sld 4'6~ 16'0 vR~(\, C.orporon vA.nd t\w W\-', \-e. 18 :8 !id 11'- DO SOal 11"-"1(\,""'1(;',,' :1!-Il:l0 1\0\1_1...." ~',.)l 1.,"V,.I:.1 ....H 3~)i,]~O-mli:l . . ANDREW C. WHITE Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-5017 LISA GRAY and BLAKE E. KRITZBERG Defendants/Respondents CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Jeffrey B. Engle, Attorney for Andrew C. White, Petitioner in the above-captioned action, being duly sworn, according to law, deposes and says that he served an Order dated October 4. 2005, issuing a Rule to Show Cause in said action on Randy B. Corporon, Esquire, Attorney for Lisa Gray, Respondent, by posting same on October 14,2005, in the U.S. Mail, Certificate of Mailing. See Return Receipt Card, attached hereto, marked Exhibit "A", and made a part hereof. Respondent, Lisa Gray, was not served personally, but through her attorney, with the Rule to Show Cause because the Petition was previously returned and marked "moved left no address-unable to forward-return to sender". See copy attached hereto and marked as Exhibit "B", SWORN TO AND SUBSCRIBED BEfORE ME THIS ~ n J. DAY OF t0o'(eW\~ ,2005. ~~ttC~ Notary Public NOTARIAL SEAl MELISSA E. WISE Nolory Public MILLERSBURG BOROUGH, DAUPHIN COUNTY My Commlsslon expires Jul23. 200B EXHIBIT "A" Ii;;T'42: Affix fee here in stamps or ~~Restag9f and '. .pOst ;rri~rk. ")'qqu;1!a of lfl.., o.stm~erfpr\current .~. .\ ' :> ^ ^' US. POSTAL SERVICE CERTIFICATE OF MAlLIN MA Y BE USED FDA DOMESTIC AND INTERNATIONAL MAil, DO ~~'" ':? PROVIDE FOR INSUAANCE -POSTMASTER 't~) '---,_' Received From- SHAFFER & ENGLE LAW OrrtC[S 129 MARKET STREET ~lIlltKS~K\i, I'A 11061 Of\~e.Of ordinary mail addressed to: /, /, 'I .' hr:JnlJl.( 1) Cc ( pon () n, ~ 'f r:;7 i I rJi (I . \}- ~ I~(', VI/7( i-J Ii ve Y L L.J () ()L u PS Form 3817, Mar. 1989 / .'5:'/ I- ,- '? L;Y..; G -'r.:': " ., '-~/' ".,-j ,.~; ,.'-,. ","". " ~, " ,.. ~ $. ~ . .- \1\\\\\1111\1\1\ U.S SHAFFER & ENGlE LAWOFRCES 129 MARt<ET SIREI'T II1WRS8lftG,Il\ 17l16t o ,; o w 0 ~ . ~ i ~~;;; g ~ '-";;;5 >.0) ~~g.8~," _5: ~'~*~t~ .J~ 0 :. cP -g_~ii~2 ~ c (' mru~-Q)Q) ~ I'~ ~CluEE~ ...- J'vl ~~~~.81t E In 1J v E'E E c~= 1\ \,:} ,fl 0 .~~;g\'3o~ ~ ,'- ~J <ll CC ... Q)-"'- ~ ,-\ . '$_;:l3:J:<l>:g '-' 11 d <3-:;~~~~ -; sf) -- ,>.- .. !5E.,,-$O 12 _.:] /,0 C) u<l)"'o-~'!: :.J<:"\-Q _",n..(/)<(o <( --.::.; rj . . . "~~ o . 1~" 0 <<(~z DDDD ~ ~ ~~ = ~ I ~ ~~ 1Il.;': , " ;g~ ~~ E.W . " ~~ o x ci MiLLE SEP A i\- o v . " , wor o ~ "c::L 0 (lJ _ ~ Go ~ ~ C- we - ~ E ci ~ C. ~ q "' ,1\ ,rj c: u'::' I' i ODD ~ _ ~o-- i6 =.'"' ~::E ~ ~ 8 ~$ ~ 1\ 1\ ~ ~ g> ~ 'g ." c.. -, 8 ~ Ulp-OO c: l'l -i o~ oi i o 111-- ,..-- 1f1WIIIl1-- FER ENGLE ---'-LAW OFF1CES ~ ,.."'1,,:.4. -;..i0,S ^ ',' C, ' .~..'- - .'\,r.::"~?' " ';". ""_ ,tn :;,~" ,.~i:-~\.<.\~ - - .....'':./.:,.:'58 r,. ,," ;:.rJV~:: .. ',f-f": t-l-:'.:':<.Vli..:iU..! G~y.'{ If'<J'S.\J -; -, ,\,:...1 t -,.....",,"'t'R .' \J1:}..'B"':~ 1<'; s.1,\'l;.l 'it.t::!:l:"R~ \\' \\\\\\,\ ,"~I "'""",\\,\"" \" ' \' ",\.\\\\,.\\\1"1'\\ \\,,11- [" olILU'.RSBURG. P.~ 170(;1 M o v u LISA GRAY 6515 Delmonico, #12 Colorado Springs, CO 80919 = 0 ~ ~ , 0 . 0 o " , . o " ~ E ~ E' ~ ='.:: co z ' '" ~ '* ~ ~ ~ & w " . SHAFFER & ENGLE LAW OFfICES 129 MARKET STREET MIllERSBURG. PA 17 SHAFFER ENGLE .- -- LA'.'" OFFICES ,,0 !", l; .J ~ ~ _, '~.1. ~ ~\;;i:. .. . _. ,,'. 'i)'t:..t-. ~'- ~(';~_~.:' 't'.; r,/')~'i>:.l" ;~ c'\.,~'.W".' _ ~',) y.'~,~'il'l') "._,,}:L7'_J' r~- ,_.,"\. 'i-<r."-c:? - " :,\:.1: ;\::-=:. ~~~~);'" ',S}.i. ."r",:-;'l~~~"'.'S\.':\ ':) ~ . \\\.\\\,\ , . \:'1. ,,\,~_\'il~ " \\\,,\\\.\ "f'-'S.-- \\\\, \\\\,,\\,\1.,'" "\ S,\,I' . \\:,.\\\ ,- \\\,' I~" ,\lARKET STRI~T:T M1LLERSBIjRG, l',~ 17061 LISA GRAY 6515 Delmonico, #12 Colorado Springs, CO 80919 ,,~'J";:I~,r;:ri-'n ,'"'Ii''- , :; _! ~, i,', ' o ~ -uFl~" f1"\f'. =2:i_~ (/:1,' l~~; ,,? ....l, -c. ~, t') ....t e,:) .....c 1 .r;.- .~\ ..... -::-r::.-n "'f; ~;_j~ Z? ';~':~.~?~ <~r') ;/;\,;f1. ,'0 :-<.: -t,r ~., .r:- c> ANDREW C. WHITE PlaintiJJlPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-5017 LISA ORA Y and BLAKE E. KRITZBERO Defendants/Respondents CIVIL ACTION - LAW IN CUSTODY AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Jeffrey B. Engle, Attorney for Andrew C. White, Petitioner in the above-captioned action, being duly sworn, according to law, deposes and says that he served an Order dated October 4,2005, issuing a Rule to Show Cause in said action on Blake Kritzburg, Respondent, by posting same on October 17,2005, in the U.S. Mail, Certified, Return Receipt Requested. See Return Receipt Card, attached hereto, marked Exhibit "A", and made a part hereof. SWORN TO AND SUBSCRIBED BEFORE ME THIS ,;Ln<l. DAY OF tJJ'(eV1l)}g.(r--- ,2005. ~ 'Z uJ\l?~ Notary Public NOTARIAL SEAl MELISSA E. WISE Notory Public MILLERSBURG BOROUGH. DAUPHIN COUNlY MV Commission Expires Jul 23. 2008 . SCHEDULE" A" SENDER: COMPLETE THIS SECTION . 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. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Articfe Addressed to: ,(}1.'J /3/tU0- l~ 7 fzi?c'tj J-!{; f: AvtJ7UL~ /i/lJlUS )vj N5i,~ 2. Article Number (Transfer from service label) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature X 6Z'<,-, -1"~"", o Agent o Addressee C. Date of Deliyery I I /11c;- D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3.~;ce Type Certified Mail Registered o Insured Mail o Express Ma.il [J Return Receipt for Mercnandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 1680 0004 9063 7529 Domestic Return Receipt 102595-02-M-1540 c c " l:.lC U)f. Z[ en.' ~< !.....( ;g:( ~;:;'~ '-) n .-, ~L-n l~nc: ~Rr~ '5r:~ !:!:.; :J~~ 2;) :< c...'l -<. <::5 ....:.: ..- " l:Y C) ANDREW C. WHITE PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-5017 LISA GRAY and, BLAKE E, KRITZBERG Defendants/Respondents CIVIL ACTION - LAW IN CUSTODY MOTI(~ TO MAKE RULE ABSOLUTE AND NOW, thisM:- day of February, 2006, comes the SHAFFER & ENGLE LAW OFFICES and respectfully requests the Petition to Make Rule Absolute be granted and in support thereof, avers as follows: 1. Petitioner filed a Petition to Register Out-of-State Custody Decree and to Transfer Custody Jurisdiction on September 23,2005, and served same upon the parties. 2. A Rule to Show Cause by Order of Court dated October 4, 2005, by This Honorable Court granting Respondent twenty (20) days from the date of service to show why the Petition should not be granted. 3. Respondent, Blake E. Kritzberg, was served with the Rule to Show Cause on October 17,2005, and as of the above-captioned date, no response has been filed. 4. An attempt to serve Respondent, Lisa Gray, was made on October 14, 2005, however, both the regular mail and the certified mail were returned "moved left no address unable to forward return to sender." 5. Lisa Gray's attorney of record, Randy B. Corporon, Esquire, was served on or about October 14,2005, by U.S. Mail Certificate of Mailing, and as of the above-captioned date, no response has been filed. WHEREFORE, the Petitioner respectfully requests This Honorable Court enter the attached Order granting Petitioner's reliefrequested. Respectfully submitted, ANDREW C. WHITE PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ys. NO. 2005-5017 LISA GRAY and, BLAKE E. KRITZBERG Defendants/Respondents CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute was sent by U.S. Mail first class to the following: U.S. MAIL FIRST CLASS CERTIFICATE OF MAILING BLAKE E. KRITZBERG 49 East Avenue Naples, NY 14512 ANDREW C. WHITE 50 Pinecreek Drive Carlisle, P A 17013 RANDY B. CORPORON, ESQUIRE 1724 Gilpin Street Denver, CO 80218 Attorney for Lisa Gray Date: :; I :;,;J IN!' I / \. ~Vle QVJ;Y\ ~llv~ ( Melissa Wise, Paralegal for Jeffrey B. Engle, Esquire J.D. # 76644 SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 (, -.-: .,') c ::;~ -,"'1 ANDREW C. WHITE PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-5017 LISA GRAY and, BLAKE E. KRITZBERG Defendants/Re.spondents CIVIL ACTION - LAW IN CUSTODY AND NOW, this J-i.. day of - ~ , 2006, based upon the Petition to Register Out-of-State Custody Decree and Transfer Custody Jurisdiction, IT IS ORDERED AND DECREED as follows: (I) The Order of Court of the District Court of Adams County, Colorado dated January 11, 2002 and the Agreement and Stipulation of the Parties filed on December 17, 2001 is hereby directed to be registered in the Office ofthe Prothonotary of Cumberland County; and (2) The Order of Court of the District Court of Adams County, Colorado dated June 16, 2005 and the Settlement Agreement dated May 11, 2005 is hereby directed to be registered in the Office of the Prothonotary of Cumberland County; and (3) Custody jurisdiction over this matter is attached to Cumberland County, Pennsy I vania. Judge Distribution: Jeffrey B. Engle, Esq. Lisa Gray Blake E. Kritzberg Randy B. Corporon, Esq. 129 Market Street, Millersburg, P A 17061 6515 Delmonico, #12, Colorado Springs, CO 8 49 East Avenue, Naples, NY 14512 1724 Gilpin Street, Denver, CO 80218 19 ]-_1ro~ (I~" A .~ ]It '. "... ~. <.\ SHAFFER ENGLE LAW OFFICES February 27, 2006 Prothonotary's Office Cumberland County Courthouse A TIN: Becky One Courthouse Square Carlisle, PA 17013-3387 Re: Andrew C. White v. Lisa Gray and Blake E. Kritzherg No. 2005-5017; Custody Dear Becky: Please find enclosed herein service copies of the Motion to Make Rule Absolute to that was filed in the above-captioned matter last week, together with envelopes to serve the Motion and Order once signed. Thank you for your assistance in this matter. If you need anything further, please do not hesitate to call. Sincerely, SHAFFER & ENGLE LAW OFFICES ~MN~Je,--l(J\I2r' Melissa Wise, Paralegal Enclosures P 5' - \fl-: hC\ Vc: riD wfrt vd JJJ Il,,,,'\ ~~y lL-;(J. G ((Z:J . ALLEN SHAFFER, ESQUIRE . JEFFREY B. ENGLE, ESQUIRE. DALE K. KETNER, ESQUIRE CONSTANCE E. STONEROAD, LEGAL ASSISTANT . MELISSA E. WISE, PARALEGAL ]29 MARKET STREET MILLERSBURG, PA 17061 . 2941 NORTH FRONT STREET SUITE 112 HARRISBURG. PA 171]0 MILLERSBURG 717.692.2345 . HARRISBURG 717.236.9511 . FAX 717.692.3554