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HomeMy WebLinkAbout02-1881Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRADLEY K. PATE, V. Plaintiff CYNTHIA J. PATE, Defendant CIVIL ACTION - LAW 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 pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indigtities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C Q, I??? l:cci?CC -r"? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff BRADLEY K. PATE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. O2- /?P( ??tU?C`?7- V. CIVIL ACTION - LAW CYNTHIA J. PATE, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER §33010 OR §3301(d) OF THE DIVORCE CODE AND NOW, this 16th day of April 2002, comes the Plaintiff, BRADLEY K. PATE, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, CYNTHIA J. PATE: 1. The Plaintiff is Bradley K. Pate, an adult individual, who currently resides at 1010 W. Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Cynthia J. Pate, an adult individual, who currently resides at 110 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on December 28, 1984, in Indianapolis, Indiana. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301(c) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 8. The Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through seven (7) inclusively of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully, requests that your Honorable Court equitably divide all marital property. COUNT III CUSTODY 10. The Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through nine (9) inclusively of the Complaint as if the same were set forth herein at length. 11. The Plaintiff is Bradley K. Pate, hereinafter referred to as "Father." The Defendant is Cynthia J. Pate, hereinafter referred to as "Mother." 12. Father seeks shared custody of the following child: Keith Brendan Pate, age two (2), whose date of birth is June 3, 1999. 13. The child was not born out of wedlock. 14. The child is presently in the shared custody of Father and Mother, but is primarily spending evenings with Mother. 15. Since the child's birth, he has resided with the following persons at the following addresses: a. From birth until March 28, 2002 - with Mother and Father at 110 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania. b. Father and Mother decided to separate on March 28, 2002. The minor child has resided with Mother on a primary basis and with Father on a partial basis since that date. 16. The Defendant is the natural mother of the child. She currently resides at 110 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. She is married to Father. 17. The Plaintiff is the natural father of the child. He currently resides at 1010 W. Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17070. He is married to Mother. 18. The relationship of Plaintiff to the child is that of natural father. He currently resides with a friend, Jack Brown, temporarily, until he and the Defendant can both find suitable homes to incorporate a shared custodial relationship with regard to their son. 19. The relationship of Defendant to the child is that of natural mother. She currently resides with the minor child on a primary basis. 20. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 21. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 22. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 23. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Father seeks to continue the wonderful relationship that he enjoys with his son on a shared basis. b. Both Father and Mother have played an integral role in the upbringing of the child. 24. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court enter a Custody Order granting shared legal and physical custody of the minor child. Attorney I.D. No. 7 6 157111 Lemoyne, PA 17043 109 (717) 761-4540 Attorneys for Plaintiff Respectfully submitted, JOHNSON, DUFFIE, S' By: " N} rk C. Duffle 301 Market Street P.O. Box 109 VERIFICATION I, BRADLEY K. PATE, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: By: i I "I Bra V K. Pa e Q S e a 1 `. C 1 ? X CD, t^ ?Q p? V r? C. e r_: c? f C =) :-12 YV wj ..s .yy w fJ 0 .1 'r- ri ??rn D BRADLEY K. PATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. 02-1881 CIVIL ACTION LAW CYNTHIA J. PATE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday April 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street Mechanicsburg PA 17055 on Tuesday May 21,2 02 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sunday. Esq rO Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 d11?td???S??d3d?^1i lJ ur?nU? ? i ?z a? z© ira A r-1-7 <v hcc,>j DEANNA RAE STONE, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. U2 (2100-C? l COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension - Chemical Test BUREAU OF DRIVER LICENSING, : Refusal Appellee ORDER OF COTTRT AND NOW this 2- day of c 2002, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the R day of l 2002 at 11?0-oLa.m. in Courtroom No. Z_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: J Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, 17104 -Patrick F. Lauer, Jr., , Esq., 2108 Market St., Camp Hill, Pa 17011 t6ftld b1 VINVAIASNN?d INS" , '" 1,'E"- q 1,W) 6Z :Z N '?Z UV Z© Iohnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff BRADLEY K. PATE, Plaintiff V. CYNTHIA J. PATE, Defendant CERTIFICATE OF SERVICE NO. 02-1881 Civil Term CIVIL ACTION - LAW IN DIVORCE I, MARK C. DUFFIE, hereby certify that on the 23'-day of 2002, 1 served a true and correct copy of the foregoing Complaint in Divorce upon the Defendant, Cynthia J. Pate, by certified mail, restricted delivery, to her mailing address at 110 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011, return receipt requested, attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIES,STEWART By G Mark C. Duff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :157770 ¦ .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 g space permits. i. Article Addressed to: CYNTHIA J PATE 110 W MAIN STREET SHIREMANSTbWN PA 17011 Y 2, Article Number (Copy from service label) 7C by (please,Point? rly) I B. Date of Delivery u. aN? •u? ? Agent tliMerent from item 14 ? Yes D. I Very ? No YES, dalivery address below: 3. Service Type ? Certified Mail 0 Express Meil 0 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Fxba Fee) Mee PS Fo n 3811, July 1 W9 Do neegc fiMUm Race pt % W5.99-M-1]99 *;, z N ?' ?,;n -, A - ? 4 ? ;'?, ??? ?i {c.? ?C.' "?? ._ ? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRADLEY K. PATE, Plaintiff V. CYNTHIA J. PATE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1881 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this 3rd day of June 2002, kindly withdraw the appearance of the undersigned on behalf of the Plaintiff, Bradley K. Pate. JOHNSON, DUFFIE, STEWART & WEIDNER By: M C. Duffie Attorney I.D. No. 7590 PRAECIPE TO ENTER APPEARANCE AND NOW, this 50) day of June 2002, enter the appearance of the undersigned on behalf of the Plaintiff, Bradley K. Pate. DALEY LAW OFFICES By. Cara A. Boyan wski Attorney 1. D. No. 661156 1029 Scenery Drive Harrisburg, PA 17109 159032 AUG 0 U6 2002 BRADLEY K. PATE, Plaintiff :IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA J. PATE, NO. 02-1881 CIVIL ACTION LAW Defendant ' IN CUSTODY ORDER OF COURT AND NOW, this 29TH day of July, 2002, the Conciliator, having received no co counsel for either party to reschedule the Custody Conciliation Conference originally ntact from June 27, 2002, hereby relinquishes jurisdiction. scheduled for FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator J t 65 alLu c? ZD o 0 ? ? ?? c ? Q ., ? ? ? n ?? Z ? ?Cfl N < p -' BRADLEY K. PATE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1881 CYNTHIA J. PATE, : CIVIL. ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, Plaintiff Bradley K. Pate, and Defendant, Cynthia J. Pate, are the parents of one minor child, to wit: Keith Brendan Pate, born June 3, 1999, WHEREAS, the parties are living separate and apart; WHEREAS, the Plaintiffand Defendant, after careful consideration and the opportunity for the advice and assistance of counsel, have reached an agreement to provide for the custody of this child without the need to litigate the matter before this Honorable Court; WHEREAS, it is the belief of the Plaintiff and Defendant that the agreement reached herein provides for the best interest of this child; NOW THEREFORE, intending to be legally bound, the parties agree as follows: 1&W Custody. Plaimif? Bradley K. Pate, and Defendant, Cynthia J. Pate, shall have shared legal custody of their son, Keith Brendan Pate, born June 3, 1999. Each parent shall have an equal right, to be exercised jointly and in consultation with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions affecting the child's health, education, and religion. Pursuant to the terms ofPa.C.S. §5309, each parent shall be entitled to all records, including, but not limited to, school and medical records and information, the residence address of the child, and the residence address of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies there, with the other parent within such reasonable time as to make the reports and information of reasonable use to the other parent. 2. Physical- Custody. Defendant, Cynthia J. Pate, shall have primary physical custody of the minor child. Plaintiff, Bradley K. Pate, shall have periods of partial physical custody of the minor child, on the following schedule: A. Prior to August 5, 2002: every Tuesday, overnight, from 4:30 p.m, until Wednesday morning at 8:00 a.m.; every Thursday, overnight, from 4:30 p.m. until Friday morning at 8:00 a.m.; and, on alternating weekends, from Thursday at 4:30 p.m. through Saturday at 4:30 p.m. This schedule shall commence on Tuesday, June 25, 2002, with Plaintiff exercising his first Tuesday, overnight period. B. After August 5, 2002: every Wednesday, overnight, from 4:30 p.m. until Thursday morning at 8:00 a.m.; alternating Mondays, overnight, following those weekends in which Defendant exercises custody over the minor child, from Monday at 4:30 p.m. until Tuesday morning at 8:00 a.m.; and, on alternating weekends, from Friday evening at 4:30 p.m. through Sunday at 4:30 p.m.. This schedule shall commence on Monday, August 5, 2002, with Plaintiffs first period of custody beginning Wednesday, August 7, 2002. C. Two-Noninterrupted Weeks/Summer. As the child is not yet enrolled in school, in addition to the schedule set forth above, each parent shall be entitled to exercise two (2) non-consecutive, uninterrupted weeks of physical custody during the calendar year with thirty (30) days notice provided to the non-custodial parent. Each parent agrees to coincide his/her uninterrupted week of custody with his/her custodial weekend schedule. After the child is enrolled in school, each parent shall be entitled to exercise two (2) non-consecutive, uninterrupted weeks of physical custody, during the summer months. D. Holidays. Holiday Schedules shall supercede other schedules. The holidays shall be divided as follows: 1. Plaintiff shall be entitled to visitation on Father's Day from 10:00 a.m. until 7:00 p.m.; 2. Defendant shall be entitled to visitation on Mother's Day from 10:00 a.m. until 7:00 p.m.; 3. The holidays ofNew Year's Day, Easter, Memorial Day, Independence Day, and Labor Day, shall be celebrated with the parent exercising physical custody of the minor child in accordance with the provisions set forth in Paragraph Two, Subparagraph B, above. 4. The holidays of Thanksgiving and Christmas shall be alternated between the parties as follows: a. Defendant is entitled to exercise custody over the minor child on Thanksgiving in all even numbered years and Plaintiff is entitled to exercise physical custody over the minor child on Thanksgiving in all odd numbered years. The Thanksgiving holiday shall commence at 4:30 p.m. on the evening preceding the holiday, and end at 4:30 p.m. on the day following the holiday. . . !. . Defendant shall exercise physical custody over the minor child on Christmas Eve from 4:30 p.m. until Christmas Day at 2:00 p.m. for the calendar years of2002 and 2003. Plaintiff shall exercise physical custody over the minor child on Christmas Day at 2:00 p.m. until December 27' at 4:30 p.m. for the calendar years of 2002 and 2003. During the calendar year of20o4, and all years subsequent, Plaintiffis entitled to exercise physical custody over the minor child on Christmas in all even numbered years, from 4:30 p.m. on Christmas Eve, until 2:00 p.m. on Christmas Day. In all odd numbered years, Plaintiffwill exercise physical custody from 2:00 p.m. on Christmas Day, until 4:30 p.m. on December 2T". Defendant is entitled to exercise physical custody over the minor child on Christmas in all odd numbered years, from 4:30 p.m. on Christmas Eve, until 2:00 p.m. on Christmas Day. In all even numbered years, Defendant will exercise physical custody from 2:00 p.m. on Christmas Day, until 4:30 p.m. on December 2r. E. Any additional periods of partial physical custody which the parties may agree upon. 3. In the event either party will be out of town for a period of 48 hours or more with the child, the custodial parent will provide the non-custodial parent with an address and telephone number where they can be located. 4. The non-custodial parent shall be entitled to reasonable telephone contact with the child when in the custody of the custodial parent. Both parties shall establish a no-conflict zone for the child and refrain from making derogatory comments about the other parent in the presence of the child and to the extend possible shall prevent third parties from making such comments in the presence of the child. 6. Both parties agree to promote continuing access to themselves and each other for the child and to cooperate in every manner with one another so as not to estrange the child from the other parent or to disrupt the relationship which each now enjoys with the child. 7. The parties shall keep each other informed of their respective current addresses and telephone numbers. 8. The parents shall communicate directly with one another concerning any parenting issue regarding consultation and agreement and regarding any proposed modifications to the physical custody schedule, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child and proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. The parties shall confirm agreements to temporary modify the schedule in writing, which may include email. Agreements to modify the schedule on an ongoing basis shall be formulated in a signed writing. 9. Transportation shall be shared equally between the parties, with the party beginning their period ofphysical custody picking up the child. All custody transfers shall take place "curbside," meaning that the child shall be brought to the automobile of the parent accepting physical custody at the appropriate time. 10. Plaintiff is represented by Cara A. Boyanowski, Esquire. Defendant is represented by Sandra L. Meilton, Esquire. All parties have been informed of the purpose of this Agreement and its legal eftas and consequences. 11. Each of the parties has carefully read and fully considered this Stipulation and all of the statements, terms, conditions, and provisions thereof prior to signing below. The parties agree that this Stipulation be made into an Order of Court which may be modified by mutual agreement. In the absence of mutual agreement, the terms of the Order shall control pending further order of Court. W WMESS WHEREOF, intending to be legally bound hereby, the parties hereto have .?, ra .--, c." _, ?? ? 3 ?i7 t li? _ (?. ?.. ?' + ? ? - ' r ??. ?'.? .. -I I ? J . ? ? ? BRADLEY K. PATE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1881 CYNTHIA J. PATE, : CPAL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this z r* day of , 2002, upon stipulation of the parties, it is hereby Ordered and Decreed: 1. I&l Custody. Plaintiff, Bradley K. Pate, and Defendant, Cynthia J. Pate, shall have shared legal custody of their son, Keith Brendan Pate, born June 3, 1999. Each parent shall have an equal right, to be exercised jointly and in consultation with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions affecting the child's health, education, and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records, including, but not limited to, school and medical records and information, the residence address of the child, and the residence address of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies there, with the other parent within such reasonable time as to make the reports and information of reasonable use to the other parent. 2. Physical Custody. Defendant, Cynthia J. Pate, shall have primary physical custody of the minor child. Plaintiff, Bradley K. Pate, shall have periods of partial physical custody of the VWA"lkSNNU minm Qi1M1%18wo t o :zi WJ N 83S za a0 30a4D-- iTi., minor child, on the following schedule: A. Prior to August 5, 2002: every Tuesday, overnight, from 4:30 p.m. until Wednesday morning at 8:00 a.m.; every Thursday, overnight, from 4:30 p.m. until Friday morning at 8:00 a.m.; and, on alternating weekends, from Thursday at 4:30 p.m. through Saturday at 4:30 p.m. This schedule shall commence on Tuesday, June 25, 2002, with Plaintiff exercising his first Tuesday, overnight period. B. After August 51 2002: every Wednesday, overnight, from 4:30 p.m. until Thursday morning at 8:00 a.m.; alternating Mondays, overnight, following those weekends in which Defendant exercises custody over the minor child, from Monday at 4:30 p.m. until Tuesday morning at 8:00 a.m.; and, on alternating weekends, from Friday evening at 4:30 p.m. through Sunday at 4:30 p.m.. This schedule shall commence on Monday, August 5, 2002, with Plaintiffs first period of custody, beginning Wednesday, August 7, 2002. C. Two-Noninterru ?p ed Weeks/Summer As the child is not yet enrolled in school, in addition to the schedule set forth above, each parent shall be entitled to exercise two (2) non-consecutive, uninterrupted weeks of physical custody during the calendar year with thirty (30) days notice provided to the non-custodial parent. Each parent agrees to coincide his/her uninterrupted week of custody with his/her custodial weekend schedule. After the child is enrolled in school, each parent shall be entitled to exercise two (2) non-consecutive, uninterrupted weeks of physical custody, during the summer months. D. Holi&X& Holiday Schedules shall supersede other schedules. The holidays shall be divided as follows: 1. Plaintiff shall be entitled to visitation on Father's Day from 10:00 a.m. until 7:00 p.m.; 2. Defendant shall be entitled to visitation on Mother's Day from 10:00 a.m. until 7:00 p.m.; 3. Theholidays ofNew Year'sDay, Easter, MemorialDay, Independence Day, and Labor Day, shall be celebrated with the parent exercising physical custody of the minor child, in accordance with the provisions set forth in Paragraph Two, Subparagraph B, above. 4. The holidays of Thanksgiving and Christmas shall be alternated between the parties as follows: a. Defendant is entitled to exercise custody over the minor child on Thanksgiving in all even numbered years and Plaintiff is entitled to exercise physical custody over the minor child on Thanksgiving in all odd numbered years. The Thanksgiving holiday shall commence at 4:30 p.m. on the evening preceding the holiday, and end at 4:30 p.m. on the day following the holiday. b. Defendant shall exercise physical custody over the minor child on Christmas Eve from 4:30 p.m. until Christmas Day at 2:00 p.m. for the calendar years of 2002 and 2003. Plaintiff shall exercise physical custody over the minor child on Christmas Day at 2:00 p.m. until December 27' at 4:30 p.m. for the calendar years of 2002 and 2003. During the calendar year of 2004, and all years subsequent, Plaintiff is entitled to exercise physical custody over the minor child on Christmas in all even numbered years, from 4:30 p.m. on Christmas Eve, until 2:00 p.m. on Christmas Day. In all odd numbered years, Plaintiffwill exercise physical custody from 2:00 p.m. on Christmas Day, until 4:30 p.m. on December 2r. Defendant is entitled to exercise physical custody over the minor child on Christmas in all odd numbered years, from 4:30 p.m. on Christmas Eve, until 2:00 p.m. on Christmas Day. In all even numbered years, Defendant will exercise physical custody from 2:00 p.m. on Christmas Day, until 4:30 p.m. on December 27m. E. Any additional periods of partial physical custody which the parties may agree upon. In the event either party will be out of town for a period of 48 hours or more with the child, the custodial parent will provide the non-custodial parent with an address and telephone number where they can be located. 4. The non-custodial parent shall be entitled to reasonable telephone contact with the child when in the custody of the custodial parent. Both parties shall establish a no-conflict zone for the child and refrain from making derogatory comments about the other parent in the presence of the child and to the extend possible shall prevent third parties from making such comments in the presence of the child. 6. Both parties agree to promote continuing access to themselves and each other for the child and to cooperate in every manner with one another so as not to estrange the child from the other parent or to disrupt the relationship which each now enjoys with the child. The parties shall keep each other informed of their respective current addresses and telephone numbers. 8. The parents shall communicate directly with one another concerning any parenting issue regarding consultation and agreement and regarding any proposed modifications to the physical custody schedule, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child and proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. The parties shall confirm agreements to temporary modify the schedule in writing, which may include email. Agreements to modify the schedule on an ongoing basis shall be formulated in a signed writing. 9. Transportation shall be shared equally between the parties, with the party beginning their period of physical custody picking up the child. All custody transfers shall take place "curbside," meaning that the child shall be brought to the automobile of the parent accepting physical custody at the appropriate time. BY THE COURT: 9, .2 31 BRADLEY K. PATE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA J. PATE DEFENDANT • 02-1881 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 26, 2003 , upon consideration of the attached Complaint, it is hereby directed that parries and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 23, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda" Esq. G Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 177013 Telephone (717) 249-3166 +d113d I wZnoo rv h"WnO ?? :E tea ?- ??3 ?n -el -el E', BRADLEY K. PATE, Plaintiff vs. CYNTHIA J.PATE Defendant IN THE COURT OF COMM *F CUMBERLAND COUNTY, P NIA 02-1881 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this 2 2- P" day of -A 2004, upon consideration of the attached Custody Conciliation Report, it is o ered anddirected as follows: 1. The prior Order of this Court dated September 23, 2002 incorporating the Stipulation of the parties shall continue in effect with the exception of paragraphs 2A through 2C and paragraph 9, which are amended and replaced by the provisions of this Order. 2. The Father shall have partial physical custody of the Child as follows: A. Until the Child's preschool is over in May or June 2004, the Father shall have custody on alternating weekends from Friday at 9:00 am through Monday at 9:00 am and every week from Wednesday at 3:00 pm through Thursday before preschool. B. After the Child's preschool ends in May or June 2004, the Father shall have custody during alternating weeks from Wednesday at 3:00 pm through the following Monday at 9:00 am and during the interim weeks from Wednesday at 3:00 pm through Thursday at 9:00 am. The Father's first expanded weekend period of custody shall take place (beginning Wednesday) on his first regular alternating weekend after the end of preschool. 3. The Father agrees to provide transportation for all exchanges of custody with the understanding that the parties will cooperate in discussing a shared transportation arrangement in the future. 01. 1? t. ? MI 4. In the event a party is unavailable to provide care for the Child during his or her period of custody for three hours or longer, that parent shall contact the other parent to offer the opportunity to provide care for the Child during the custodial parent's unavailability. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, - - Keviq A. Hess J. cc: v(?ara A. Boyanowski, Esquire - Counsel for Father .4ohn F. King, Esquire - Counsel for Mother BRADLEY K. PATE, Plaintiff vs. CYNTHIA J.PATE Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1881 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: I. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Keith Brendan Pate June 3, 1999 Mother 2. A Conciliation Conference was held on January 13, 2004, with the following individuals in attendance: The Father, Bradley K. Pate, with his counsel, Cara A. Boyanowski, Esquire, and the Mother, Cynthia J. Pate, with her counsel, John F. King, Esquire. 3. The parties agreed to entry of an Order in the form as attached. CLn.c"??7 300 Date Dawn S. Sunday, Esquire Custody Conciliator BRADLEY K. PATE, Plaintiff V. CYNTHIA J. PATE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1881 Civil Term CIVIL ACTION - LAW 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 P.C. By: Mr. VO. Box 984 Harrisburg, PA 17108 (717) 236-8000 BRADLEY K. PATE, Plaintiff V. CYNTHIA J. PATE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1881 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW comes the Defendant, Cynthia J. Pate, by and through her attorneys, Friedman & King, P.C., and brings this Answer with New Matter and Counterclaim averring as follows: 1. Paragraph 1 of the Plaintiff's Complaint is denied. By way of further answer, it is averred that the Plaintiff, Bradley K. Pate, currently resides at 431 Shuler Road, Etters, Pennsylvania 17319-9545. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. NEW MATTER 8. Paragraphs 1 through 7 of the Defendant's Answer is incorporated herein as though more fully set forth at length. 9. Subsequent to the Plaintiff, Bradley K. Pate, having departed the marital residence and having filed the Divorce Complaint (Docket No. 02-1881 Civil Term), the parties did reconcile. The Plaintiff/husband did recommence residence in the marital home in late June of 2003, and the parties did live together as husband and wife for a period of time ending when the Plaintiff, Bradley K. Pate, departed the marital residence on or about October 9, 2003. 10. The parties separated on October 9, 2003. COUNTERCLAIM 11. Paragraphs 1 through 10 are incorporated herein as though more fully set forth at length. 12. The "Equitable Distribution" count in the Plaintiff, Bradley K. Pate's, Complaint, identified in that Complaint as "Count II", is incorporated herein by reference. 13. The "Custody" count in the Plaintiff, Bradley K. Pate's, Complaint, identified in that Complaint as "Count III", has been resolved. COUNT IV ALIMONY 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through her employment. 16. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests the Court to grant alimony to Defendant as is deemed appropriate. COUNT V COUNSEL FEES, COSTS AND EXPENSES (REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER H 3104(A)(1), 3323(B), 3702 AND 4351(A) OF THE DIVORCE CODE) 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. Defendant has employed John F. King, Esquire to represent her in this matrimonial cause. 19. Defendant is unable to pay her counsel fees, costs and expenses, and Plaintiff is more than able to pay them. 20. Plaintiff is gainfully employed and has the ability to pay Defendant's counsel fees, costs and expenses. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order the Plaintiff to pay the Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(A)(1), 3323(B), 3702 and 4351(A) of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. COUNT VI ALIMONY PENDENTE LITE 22. Paragraphs 1 through 21 are incorporated herein by reference. 23. Defendant is unable to sustain herself during the course of litigation. 24. Defendant is in need of alimony during the pendency of this divorce proceeding to adequately defend and prosecute her claim. 25. Defendant is without sufficient means to pay counsel fees, costs and expenses relative to this proceeding, including the employment of any necessary experts or the obtaining of any appraisals. WHEREFORE, the Defendant, Cynthia J. Pate, requests the Court to compel the Plaintiff, Bradley K. Pate, to pay alimony pendente lite. Respectfully submitted, KING, P.C. Date: Jo F. King, Esquir 609 N. Second Stree thouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 k/p:divorce\pate.cc VERIFICATION I, Cynthia J. Pate, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Defendant's Answer with New Matter and Counterclaim; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated:_,?? ' -7/ Ay BRADLEY K. PATE, Plaintiff V. CYNTHIA J. PATE, Defendant IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1881 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on September fl, 2004, I served a copy of the within Defendant's Answer with New Matter and Counterclaim, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 P.C. Jo F. King, Esqui e 6 N. Second Stre nthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ? # o 0 :J ' v 4" t ? ORIGINAL MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BRADLEY K. PATE AND CYNTHIA J. PATE John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Bradley K. Pate John F. King, Esquire FRIEDMAN & KING, P.C. P.O. Box 984 Harrisburg, PA 17108 Telephone: (717) 236-8000 Counsel for Cynthia J. Pate l MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2005 by and between BRADLEY K. PATE, of Cumberland County, Pennsylvania, and CYNTHIA J. PATE, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Bradley K. Pate (hereinafter called "Husband") currently resides at 431 Shuler Road, Etters, Cumberland County, Pennsylvania 17319; WHEREAS, Cynthia J. Pate (hereinafter called "Wife") currently resides at 110 West Main Street, Shiremanstown, Cumberland County Pennsylvania 17011; WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 28, 1983; WHEREAS, the parties have lived separate and apart since on or about October 9, 2003; WHEREAS, one child were born of the marriage between the parties, namely, Keith B. Pate, born June 3, 1999; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, 1 profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from John F. King, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law 2 and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania, indexed to No. 02-1881 Civil Term. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 3 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties are the owners of real estate located at 110 West Main Street, Shiremanstown, Cumberland County, Pennsylvania. Husband agrees that he will transfer all of his right, title and interest to Wife individually. Wife shall, upon the transfer, bring all mortgage payments and real estate taxes current and thereafter Husband will make the mortgage payment in the amount of $784.00 to the mortgage company directly as a portion of his alimony payments more particularly set forth herein. Wife shall have three (3) years from the date of the entry of this Agreement to either refinance or sell the property removing Husband's name. Wife shall be responsible for real estate taxes and homeowner's insurance as well as any other incidental costs relating to the real estate. Wife shall also indemnify and hold Husband harmless relating to any expenses regarding the property with the exception of the mortgage Husband is paying directly. Wife shall take steps necessary to accomplish the goal of removing Husband's name from the mortgage well in advance of the end of the three (3) year period so that the transaction of Husband's removal by sale, refinance or otherwise will be completed by the end of the three (3) year period. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. The parties had two leased vehicles during the marriage. Husband had a Volvo V70 and Wife a Volvo 570. Both vehicles were returned at the end of the lease period and there is no further liability on either vehicle. D. Life Insurance. Husband shall retain ownership in his life insurance with New England Life, policy nos. Z056298, 8413757, 8822168 and 2806103, with a total cash value 4 of approximately $9,900.00. Husband agrees that he will name his son, Keith, as irrevocable beneficiary on his existing life insurance policies with New England Life. The beneficiary designation will extend until the child is at least 18 years old or graduates from high school, whichever last occurs. In the event Keith attends college, the beneficiary designation would continue until he graduates from college or his 23'd birthday, whichever first occurs. E. Investments.. The parties will divide equally their joint investment account with Putnam Investments, account no. 0028758414, with a balance of approximately $9,000.00. F. Bank/Retirement/Brokerage Accounts. Husband shall retain as his sole and separate property, any bank, brokerage or other accounts in his name individually including, but not limited to, his SEP Plan with Smith Barney Citi Group. Wife shall retain as her sole and separate property any bank, brokerage or other accounts in her name individually whether pre or post tax accounts. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 1. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that 5 property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. Each of the parties have credit cards in their individual names. Husband, at the time of the separation of the parties, retained a Citibank Mastercard with a balance of approximately $10,000.00. At the time of the separation of the parties, Wife had the following credit cards with the total approximate balance of $28,000.00: Citibank, Bank One, Discover and Member's Is`. Husband agrees that he will pay to Wife, at the time of the execution of this Agreement, the sum of $28,000.00 which Wife shall apply to the outstanding credit card debt in her name that existed at the time of the separation of the parties. The assumption of the Citibank Mastercard and the payment to Wife of the $28,000.00 set forth above is in full satisfaction of Husband's obligation on any marital debt as well as equitable distribution. The Bank One joint existing credit line shall be closed. It is acknowledged by the parties that they have never drawn on the line. K. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this 6 Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. SUPPORT. A. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a 7 final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Husband agrees to pay to Wife in the form of alimony, the sum of $1,500.00 per month for a period of one (1) year from the date of the entry of this Agreement. At the end of the one (1) year period, the alimony shall be adjusted annually (1 year from the month of the 1St payment) based on the incomes of the parties using the Support Guidelines for spousal support (30% of the difference in the parties' net incomes after deducting Husband's child support obligation to Wife). In the event Wife's income is less than $15,000.00 in year 2 and year 3, that amount will be presumed as her income for the purposes of the alimony calculation. Husband's total payment to Wife shall include the direct payment of the mortgage more particularly referred to in Paragraph 5A hereof until such time as Wife has either sold the property or placed the mortgage in her name individually. From that point forward until the conclusion of the three (3) year period, the payments will be made to Wife directly. In the event if the parties cannot agree upon the subsequent 2 and 3 year alimony payments, the matter shall be submitted to the Court of Common Pleas, Domestic Relations Section, Cumberland County, Pennsylvania for a determination as to the amount. In any event, except as set forth above, the monthly alimony payments are non-modifiable as to duration or amount and shall terminate at the end of the three (3) year period or upon the death of either party or Wife's remarriage or cohabitation. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. 8 B. CHILD SUPPORT. The child support payment to Wife shall be as calculated by the Domestic Relations Office of the Court of Common Pleas, Cumberland County, Pennsylvania. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and 9 forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither parry will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now 10 existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching parry shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 11 L 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Bradley K. Pate 431 Shuler Road Etters, PA 17319 and to Wife, if made or addressed to the following: Cynthia J. Pate 110 West Main Street Shiremanstown, PA 17011 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties 12 effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code 13 ? ?' n .?- ? ; ?r ; ' , ?} j ?,r, . ??- .?; r"?', ?.?. Fn !. ,? ?7 ?' ?:< '= :? C5`" BRADLEY K. PATE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1881 Civil Term CYNTHIA J. PATE, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 17, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: to as oS f /"` Bradley 14. Pat , Plaintiff ? ? o ?tIf Fri r ?. w o BRADLEY K. PATE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1881 Civil Term CYNTHIA J. PATE, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 17, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: ev %• ?t1 ? .. rTl Q . I BRADLEY K. PATE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1881 Civil Term CYNTHIA J. PATE, : CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: April 23, 2002; by restricted, certified mail no. 7000 0600 0025 5535 8370. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. June 20, 2005; Defendant: June 20, 2005. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated June 8, 2005. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff. June 20, 2005; by Defendant: June 20, 2005. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both the Plaintiff's and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERRICK & CONNELLY LLP Date: ??o? 9 / S Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Post Office Box 650 27 .v U; T v./ r}^^?yy 7 \.J . Q ("l t IN THE COURT OF COMMONYPLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. BRADLEY K. PATE, ?.. i Plaintiff II No. 02-1881 Civil VERSUS CYNTHIA J. PATE, Defendant DECREE IN DIVORCE AND NOW, I _ tj .6 6DS, IT IS ORDERED AND DECREED THAT -Bradley K. Pate PLAINTIFF, AND J ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; attached Marital Settlement Agreement is he but not merged, into this Decree in Divorce. t..?= . ted, BY THE COURT: ATTE J. PROTHONOTARY 71 J BRADLEY K. PATE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 02 - 1881 CYNTHIA J. PATE, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, comes the Plaintiff, Bradley K. Pate (hereinafter referred to as Plaintiff), and the Defendant, Cynthia J. Pate (hereinafter referred to as Defendant), and enters the following Stipulation. WHEREAS, an Order was entered to the above-captioned action on January 22, 2004, entering a custodial arrangement between the parents; and WHEREAS, subsequently the parties entered into an agreement to modify the Order establishing equally shared legal and physical custody on a schedule to be created by the parties; and WHEREAS, it is the intent of the parties to memorialize in a Court Order their agreement to equally share legal and physical custody. AND NOW, therefore, based on the mutual covenants contained herein, the parties agree as follows: 1. Plaintiff, Bradley K. Pate, and the Defendant, Cynthia J. Pate, shall enjoy shared legal custody of the minor child, Keith Brendan Pate; date of birth June 3, 1999. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their 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 parry as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The parties shall equally share physical custody of the minor child based on the schedule previously established by the parties as well as any modifications implemented by them from time to time so long as any changes maintain the equally shared custody agreement of the parties. % .4 %-. /' K. C a J. Pate, efenamt WITNESS: C-7 MAR 19 2009(, BRADLEY K. PATE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 02 -1881 CYNTHIA J. PATE, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2009, based upon an agreement of the -WXQ parties and Stipulation attached hereto, the following Order is entered: 1. Plaintiff, Bradley K. Pate, and the Defendant, Cynthia J. Pate, shall enjoy shared legal custody of the minor child, Keith Brendan Pate; date of birth June 3, 1999. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their 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. G, §5309, each party shall be entitled to complete and full information from any doctor, dentist, 1 teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The parties shall equally share physical custody of the minor child based on the schedule previously established by the parties as well as any modifications implemented by them from time to time so long as any changes maintain the equally shared custody agreement of the parties. 3. A D'stribution: 0 J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033 /ynthia J. Pate, 110 West Main Street, Shiremanstown, PA 17011 ? ? U