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Home My WebLink About02-2943BROOKE M. ANTHONY, Plaintiff V. MINDY ANTHONY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Dot • .z 9 Y3 ecird 7.l-- CIVIL ACTION - LAW IN DIVORCE 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 within twenty (20) days. 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 import 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, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 7. Neither the Plaintiff or Defendant is a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that there is one (1) child of the parties under the age of eighteen (18) namely: Devan Michael Anthony DOB: 7/11/00 WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in Divorce dissolving the marriage between the parties pursuant to Section 3301(c) of the Divorce Code of 1980, as amended. COUNT II - CUSTODY 9. Plaintiff repeats and realleges paragraph one (1) through eight (8). 10. Plaintiff seeks joint legal and physical custody of the following child: Name Present Address DOB Devan M. Anthony 2108 Brigade Rd. 7/11/2000 Enola, PA 17025 11. The child is presently in the custody of Defendant, Mindy Anthony, who is the mother of the child and resides at 2108 Brigade Road, Enola, Cumberland County, PA. 12. During the past five (5) years, the child has resided with the following persons and at the following addresses: Person Address Dates Mother/Father 2108 Brigade Rd. 7/11/00- Enola, PA present 14. The father of the child is the Plaintiff, Brooke M. Anthony, currently residing at 5018 Utah Avenue, Harrisburg, Dauphin County, PA 17019. 15. The Plaintiff currently resides with the following: Name Relationship William & Gladys Ehrenzeller Grandparents 5018 Utah Avenue, Harrisburg, PA 17104 16. Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth of any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child 17. The best interest and permanent welfare of the child will be served by granted the relief requested because Father has been the primary care giver to the child since birth. Father wishes to care for the child, and can provide for his physical and emotional needs. 18. Each parent whose parental rights to the child have not been terminated and the person who has physical custody fo the child has been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: there are no persons who are known or claim a right to seek custody. WHEREFORE, Plaintiff requests the court to grant him primary physical custody of the child subject. Respectfully submitted DATE: June 19, 2002 N? ? CjVancis M. och Sa, Esquire 2201 North Second Street Harrisburg, PA 17110 717/233-4141 Attorney for Plaintiff DOMESTIC/ANTHONY-BROOKE.DIV-CUST.CMP I, BROOKE M. ANTHONY, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. BROOKE M. ANT ONY BROOKE M. ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. MINDY ANTHONY, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Carrie E. Cook, secretary to Francis M. Socha, Esquire, hereby certify that a true and correct copy of the foregoing Complaint was sent by United States mail, postage prepaid, certified mail, return receipt requested, to the following: Mindy Anthony 2108 Brigade Road Enola, PA 17025 Date: BROOKE M. ANTHONY, Plaintiff v. MINDY ANTHONY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,,2 - d -9Y-3 eu,-j I-;-- CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is BROOKE M. ANTHONY, an adult individual who currently resides at 5018 Utah Avenue, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is MINDY ANTHONY, an adult individual who currently resides at 2108 Brigade Road, Enola, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at lease six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 12, 1996, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. F L n c RU 4 a a? C) T Z x! U C_ rt} Z O c N r SU _n r U r-. BROOKE M. ANTHONY, Plaintiff, Vs. MINDY ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 02-2943 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant, Mindy Anthony. Respectfully Submitted, DISSINGER AND DISSINGER Date: Karen L. Koenigsberg - Attorney for Defendan Supreme Court I.D. 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 rill i, y <. r L... t r" BROOKE M. ANTHONY, Plaintiff V. MINDY ANTHONY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2943 CIVIL TERM CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, KAREN L. KOENIGSBERG, attorney for the above-captioned case, do hereby accept service IN DIVORCE and hereby acknowledge receipt of a complete copy. I understand that false statements herein to the penalties of 18 Pa.C.S. Section 4904, r falsification to authorities. Date: 0 7Ayh -)- Defendant in the of the COMPLAINT true, correct and are made subject elating to unsworn 0 o ys - 5;;C r? w s- 9 I v td:. X ' JUG. 1 9 2002 y!' DISS(NGE{ C ?I551?? R BROOKE M. ANTHONY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MINDY ANTHONY DEFENDANT • 02-2943 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 06, 2002 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, September 09, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: isi Melissa P. Greey.y, Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 s 1 A.I.???Jry"j? ?r'r?ln11 SEP 6 200 BROOKE M. ANTHONY, plaintiff v. MINDY ANTHONY, Defendant ?pMMON NS l?s ANIA IN THE COURT OF COUNV PEN . CUMBERLAND N0.02-2943 CNIL TERM CNIL ACTION - LAW IN CUSTODY consideration of the tember, 2002' u o°dered and directed as day of Sep !t is hereby AND NOW, this -mmary Report, attached Custody Conciliation Anthony shall have arent legal shall follows: Anthony and Mindy 2000, Each p pa Brooke M. born July ake all maj°f non- t Michael Anthony, parent, to m toC S. 1. !nor Child, Devan ointly with the other but not limited of them exercised j including, of Pa. custody ht, to be general well-beiP9 rsuant to the terms Child have an equal rig the Child's and religion. ation pertaining to the emergency decisions affecting education and inform the residence his health, records records, decisions regarding entitled to all religlous or school ossession of any each parent shall be medical, dental, parent has p or copies §5309, . To the extent on to share the same, including ,f but the not limited to, re aired make the records and address o Ch iln and e other parent that parent shall be q time as to entitled to full reasonable parents shall be such records or other parent within such t. Both p s and evaluations with with the to the other Parer fanning meeting thereof, edicalitreatment p complete in formation s rents information of reasonable use Parent shall be entitled to full and co Ven to them as p participation in all educatio Each and p m ies of any reports g be entitled t r r f or ' Child. and cop entitled to rece regard to the'st teacher or authority records, birth certificates, school any physician, dentist to: medical each parent extracu Additionally, and to school pictures, including, but not limited report cards. school with reg ht, and the like. attendance records or rep notices which come from copies of any ties, musical presentatlons, back-to-school night, custody. F` activities, Child's par p Mother shall have majority as follows: 2. Ph h sical custody which shall be arrange hts of partial p Y to work, have rig when Father does not have Sunday A On the weeKends m Friday at 5:00 p•m occurs each third weekend, P.M. B. until Wednesday at 5:00 p Tuesday from 5:00 p•m• Mother is off of work. -Ji S 7, NO. 02-2943 CIVIL TERM C. At other such times as the parties may agree. 3. Transportation. The parties shall share transportation as they may agree. 4. In the event that Father is not going to exercise one of his custodial weekends, he will provide Mother with five (5) days notice thereof. 5. In the event that Mother has to work after 6:00 p.m. or on a weekend during her period of custody, Mother shall first make a reasonable effort to contact the Father to offer the Father the opportunity to provide care for the Child before contacting third-party caregivers. 6. Holidays. A. Unless otherwise agreed, the following holidays shall be alternated by the parties to commence with Father on New Year's Day 2003: New Year's Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. The parties shall split the day each Thanksgiving to allow the Child to spend time with both sides of his family. For 2002, Father shall have custody for this holiday from 3:00 p.m. until 9:00 p.m. The 2002 plan was based on Father working the 11:00 p.m. to 7:00 a.m. shift. C. Christmas. Christmas shall be divided into two (2) segments. Segment A and Segment B. Segment A shall be from December 24th at Noon through December 25th at Noon. Segment B shall be from December 25th at Noon until December 26th at Noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B, in odd-numbered years, Father shall have Segment A and Mother shall have Segment B. 7. Vacation. Each party shall be entitled to seven (7) continuous days of vacation each year upon thirty (30) days written notice to the other parent. In the event that the parties schedule overlapping or conflicting vacation time, the party first providing written notice to the other parents shall have their choice of the vacation time. 8. This Order is entered pursuant to an agreement of the parties and based on the availability of both parents in consideration of their work schedules. It is understood that Father presently works one (1) of three (3) shifts which changes each calendar month. A copy of Father's work schedule for the months of September 2002 through December 2002 NO. 02-2943 CIVIL TERM is included as an attachment to the Order to avoid any potential misunderstandings. It is expected that the parties will continue to work cooperatively and flexibly with each other to see to it that the Child has frequent and continuing contact with both parents. This Order is temporary in nature and may be modified by the expressed mutual agreement of the parties. However, in the event that the parties cannot agree, pending further order of court, the terms of this Order shall control. BY THE COURT: r 01// V 1-7 C J. Dist: olFrancis M. Socha, Esquire, 2201 N. Second Street, Harrisburg, PA 17110 iMary Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 J TO .10 i o? I I, T, i I I it ?{{Oyy ?NyyNfO ?+ VI OWP?ON S 11. { NNVOW'1 =;ZA f l 01?pNNl - N I N -T VOWPIT C. VOWP V1 3 bWyNNmr ? i O W PLO N •f. i i? I ? f- ?? NmNJ T I "? NN ?ONN YI ?? cD IQ rt cr cD 'o N h <I? o .w I I ? CJJ _ A ? QI W 8 ?c' 3 D g V ?? V G r ?? _c W 8 x N 3 5 0 U 0 3 D O 7 ? F 1 r SEP 16 200? BROOKE M. ANTHONY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MINDY ANTHONY, Defendant NO. 02-2943 CIVIL TERM 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: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Devan Michael Anthony July 11, 2000 Mother 2. The parties first Custody Conciliation Conference was held on September 9, 2002. Present for the conference were the Father, Brooke M. Anthony, and his counsel, Francis M. Socha, Esquire; the Mother, Mindy Anthony, and her counsel, Mary A. Etter Dissinger, Esquire. 3. The parties reached an agreement in the form of an Order as attached. /0--L ?a Date Melissa Peel Greevy, Esquire Custody Conciliator 162677 n x d O 0 S x 3 ol"? C l G u f? EEL I ,I I Q' N I;F+ I~ I ;. (D ,; Iil 1 i IN I it~ Imo; I i ICI ___ N.... ?? I I I I i I I I I .. I I, ! i I ? a:1oW In I ? ? I 5 INi1?.ra 3 I N -NI II+ ? I... ?; Nrr ??22 ' I VOti1P I I m?aN 1 g '' T CNN OrI T i ' ? I is WNr I I ?. i, ; ? I CI OWP?ONIf/1 I I? ?I I I ? 121 i i 1 I I3 ?y N HIV 'I+ ? BONN ar1n l0 ?_ 001 F+ II I I I ? , WNrr ( ppO I 1 I I rAVOW 1 I ' 1 ? 1 I i uNim?alf `I??1` I I I I I I I ! ? li.(`/? Q?pNN1 ?I Iy ' ' I ? i I ? VOWPIT I I ! i ? I 1 IJ I I 1 1 ? ? i I? 'I ? 'I I I, I I ; 3 D 7 S O 7 V G rl r BROOKE M. ANTHONY, Plaintiff V. MINDY ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2943 CIVIL TERM 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: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Devan Michael Anthony July 11, 2000 Mother 2. The parties first Custody Conciliation Conference was held on September 9, 2002. Present for the conference were the Father, Brooke M. Anthony, and his counsel, Francis M. Socha, Esquire; the Mother, Mindy Anthony, and her counsel, Mary A. Etter Dissinger, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 2 Iy-gz?? Date Melissa Peel Greevy, Esquire Custody Conciliator 162677 BROOKE M. ANTHONY, Plaintiff V. MINDY ANTHONY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2943 CIVIL TERM CIVIL ACTION - LAW DIVORCE CONSENT WITH WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SS3301 OF THE DIVORCE CODE L A Complaint in Divorce under ss3301(c) of the Divorce Code was filed June 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and tht a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ss4904 relating to unsworn falsification to authorities. DATE: Brooke Anthony A '0? Social Security Number domestic. anthony-waiver C3 CD 4"t`tF?- --tom ?I BROOKE M. ANTHONY, Plaintiff v. MINDY ANTHONY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2943 CIVIL TERM CIVIL ACTION - LAW- PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce degree: 1. Ground for divorce: Irretrievable breakdown under section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Personal service upon Defendant's Attorney (July 19, 2002). Plaintiff contends that 90 days have elapsed from the date of the filing and service of the complaint. 3. Date of execution of the Affidavit Of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: December 19, 2002; by the Defendant: December 19, 2002. 4. Date of waiver of notice of intention to request entry of a divorce decree: by the Plaintiff: December 19, 2002; by the Defendant: December 19, 2002. 4. Related economic claims pending: There are no economic claims pending and distribution of all personal and real property has been settled by agreement of the parties. Enclosed is the parties marriage settlement agreement which should be incorporated, but not merged, into the divorce decree. Fr cis M. Socha, squire torney for Plaintiff f7 4 r?' ? : ?? ?; .? . _ -<.: _. --' ` ; ? ? ?, ? ? - - •? ? .. ?e? - a? .. ,? '??. THIS AGREEMENT, made this ! day of December,2002,by and between MINDY ANTHONY, hereinafter referred to as Wife", and BROOKE M. ANTHONY, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 12, 1996; and WHEREAS, Husband has filed a divorce complaint in the Court of Common Pleas of Cumberland County, docketed to 02-2943 Civil Term; and WHEREAS, the parties have separated and now live separate and apart from one another, and are desirous of entering into an Agreement which will provide for distribution of the marital property, for their mutual responsibilities and rights growing out of the marriage and its termination; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Francis M. Socha, and Wife, by her attorney, Karen L. Koenigsberg, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful. existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT D RTS• Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in 2 accordance with the Divorce Code of-1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION O MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which confirms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DTSTRT$ TTON O REAL ESTATE: 1. MAR_TTAT HOME: The parties own improved real property located at 2108 Brigade Road, Enola, Cumberland County, Pennsylvania. Husband agrees to waive all rights, interest and title in the marital 3 property and transfer all interest by Deed to the Wife. Such Deed shall be executed simultaneously this Agreement and held in escrow by the counsel for Husband. Wife shall have ninety (90) days to secure refinancing of the marital home and secure the release of the Husband from the current mortgage obligation on the property. B. OTHER PROPERTY NOT S'EZQ FTC L Y DIVIDED: The parties hereto have divided between themselves, to their mutual satisfaction, all remaining items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now :Ln the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement: benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whet-her such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 4 9. TODY The parties shall share legal custody of their minor child, DEVIL M. ANTHONY, born July 11, 2000. Both Wife and Husband shall have full access to all information concerning the minor children including, but not limited to; medical information, educational information, counselors, teachers, etc. Both parents shall be informed of important medical, educational, religious and other matters affecting the minor child and shall have input into decisions affecting such matters. Wife shall have primary physical custody of the minor child. Husband shall have partial physical custody of the minor child in accordance with the stipulation of visitation and custody of the parties executed September 19, 2002 and docketed to No. 02- 2943 in the Court of Common Pleas of Cumberland County, and as may be mutually modified by the parties. 10. SUPPORT Husband agrees to pay support for the minor child in accordance with a support order docketed to NO. 5725 2002in the Court of Common Pleas of Cumberland County,aas may be modified. 11. PENSION PLAN: Parties release any interest in the opposite spouse's Pension accumulated during the course of their marriage. 12. COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, (luring and after the commencement of any proceedings for divorce or annulment between the parties. 5 13. INCOME TAX RETURNS.: The parties have heretofore filed joint federal and state tax returns. The parties agree that for 2002 and all subsequent tax years, they shall file individual 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. 14. WAIVERS OF T ATM A ,ATT??T ESTATIai Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. SUBSEOUENT DIVORCE: Husband has filed a no-fault complaint in divorce against Wife. Husband and Wife each agree to sign an affidavit of consent to be filed in said divorce action. The parties further agree that each party will be responsible for their respective attorney's fees. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which may be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. 6 It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AN NFORl''FMEM: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in 7 consequence of any default or breach by the other of any of their terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect: and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION AN WAIVER OF F L DIS ILQ TTRF • The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if counsel has been retained, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. The parties acknowledge that they have the right to be furnished with all information relating to the financial affairs of the other, including all assets of any nature whatsoever in which such party has an interest, pension valuations, the sources and amount of the income of such party or every type whatsoever and of all other factors relating to the subject matter of this Agreement and have waived such rights for full and complete disclosure. 19. ENTIRE A R .FM NT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or 8 undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of: the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute.a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. The parties hereto acknowledge that they were aware of their right to pursue discovery, including issuing interrogatories, and with this knowledge, they parties have waived their right to undertake discovery. 20. MODIFICATION AN WATZJ R A modification or waiver of any cf the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 9 23. INDEPENDENT SEPARATE COVENANTS:. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. A R ,FM NT BTNDIJG ON H TRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their hand and se e-day and year first above written Fr ncis M. Socha torney for Brooke M. Anthony a en L. Koe 'gsbe Attorney for Minday Anthony domestic.higdon-sep.agr Brooke M. Anthony (SEAL) (SEAL) Mind Ant Pon 10 rTi j If v? 1.3.7 I -? c xy I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NO. _ 02-2943 Civil Term VERSUS DEGREE IN DIVORCE AND NOW, TZ17 0 ZJ!l IT IS ORDERED AND DECREED THAT BROOKE M. ANTHONY , PLAINTIFF, AND MINDY ANTHONY 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; THIS AGREEMENT OF DF. FMRFR 19, 2002, IS HFREEgy INCORR- 0R.A TELI-- INTO THE FINAL DIVORCE DECREE. BY THE COURT: 0, ATTE J. PROTHONOTARY . T kv -o, "-P-Vqv 77giv, 44,?7112 -,OKV EAST_PENNSHORO_TOWNSHIP-_- vs. --GERALD L. MANHOLLEN, JR. -------------------------------- --------------------------------- EAST PENNSBORO TOWNSHIP -------------- In the Court of Common Pleas of ---- ------ Cumberland County, Pennsylvania judgment in favor of Plaintiff on --------------------- ---- 424.26 '_______________________________ for $ -------- --- 03-2943MLD 2003 No. -------- '----------- Term, ------ Entered ____ JUNE-23,--2003 --------------------------------- Plaintiff in the above Judgment, do appear and acknowledge that ON this day have had and received and from GERALD L. MANHOLLEN, JR. the defendant in the above Judgment, full payment and saisfaction of the same. with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, I do hereby authorize and empower .------------ f.'SL 111.-R-LOSIG_______________________ ____________________ theProthonotary of said Court, to appear FOR ME -------------------------------------------- and in MY name and stead to enter full satisfaction upon the record of said judgment, as fully and effectually, to all intents and purposes, as I could were I personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof, I have hereunto set our hands and seals this ------- 1ST --------------------------- day of ----------------------- OCTOBER ER----------- pD _ 200200.3 GL (K,IH-f("r9??il ---------------------------------------------- (Seal) ROBERT L. GILL ----------------------------- (Seal) State of Pennsylvania ----------------------------------------------- (Seal) County of Cumberland, Personally appeared before me, the subscriber, ROBERT L_ GILLZ_MANAGER OF EAST PENNSBORO TOWNSHIP -------------------------------- ----------------- the Plaintiff in the above judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to. satisfy the Judg- ment set forth, to be HIS act and deed, and desired that the same shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. In testimony whereof, I have hereunto set my hand and seal this IST ------------------------------- day of ---------------------- OCTOBER 2003 -------------------- A. D. ------. =P8nrGW01WP' EAL ------------- -------J_L-- __- _ ! E _-- (Seal) Notary Pubic V U umberland Co. ______________________ ________________________ April 18,2004 z W N r W c ? I - O I ? y 0 /Q1 2 d C td z 7 O w `O CZ+7 w ? O Oy ? ? ? ? w d N CD tt z H d O Jj z W • I = N = O O W J. Michael Sheldon, Esquire Pa. I.D.# 83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: 717-657-3464 Fax: 717-671-1258 Counsel for Plaintiff / Petitioner BROOKE M. ANTHONY IN THE COURT OF COMMON PLEAS Plaintiff / Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-2943 CIVIL TERM MINDY ANTHONY, CIVIL ACTION - LAW Defendant / Respondent IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintiff / Petitioner, Brooke M. Anthony, by and through his attorney, J. Michael Sheldon, Esquire, and files this PETITION TO MODIFY CUSTODY, and in support thereof, avers the following: 1. Petitioner is Brooke M. Anthony, with a current mailing address of 5018 Utah Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. Respondent is Mindy (Anthony) James, with a current mailing address of 2108 Brigade Road, Enola, Cumberland county, Pennsylvania, 17025. 3. Plaintiff seeks to modify custody of the parties' minor child. Name Present Residence Ave Devin M. Anthony 2108 Brigade Road 6 Enola, PA 17025 The child was not born out of wedlock. The child is presently in the custody of the Plaintiff. During the past five years, the child has resided with the following persons at the following addresses: Name Address Date Defendant & 2108 Brigade Road birth to present husband Enola, PA 17025 The mother of the child is the Respondent, Mindy (Anthony) James, with a current mailing address of 2108 Brigade Road, Enola, Cumberland county, Pennsylvania, 17025. The father of the child is the Petitioner, Brooke M. Anthony, with a current mailing address of 5018 Utah Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. The parties are not married to each other. Respondent has since remarried Curtis James. 4. The relationship of the Respondent to the child is that of biological mother. She resides with her husband Curtis James. It is unknown if any other individuals share the residence with the Respondent. 5. The relationship of the Petitioner to. the child is that of biological father. The Petitioner does not reside with anyone. 6. Petitioner has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court, docketed at number 02-2943 Civil. Petitioner has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. Petitioner does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting Petitioner the relief requested because: a. Petitioner is the natural, biological father of the child and has played a vested role in the child's life. b. Petitioner has established a close bond with the child which should be maintained and nurtured in a loving and emotionally secure environment, fostered within recognized and comfortable surroundings. C. Respondent has repeatedly refused and/or obstructed Petitioner's continued attempts to contact the subject child. d. Respondent has repeatedly refused Petitioner's attempts to informally increase Petitioner's minimally allowed time with the subject child. e. Petitioner desires to exercise proper and reasonable parental duties and to enjoy the love and affection of the child in an emotionally secure environment. f. The child should be permitted to enjoy the continued care, love, affection and emotional support which can be provided by the natural father in a loving and secure environment. g. The child's best interests would benefit greatly from increased custody with his natural father so as to allow the child to establish and maintain a sense of paternal care. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Petitioner / Plaintiff respectfully requests this Honorable Court to grant him sufficiently increased physical custody of the child so as 'to allow him to better nurture and maintain a beneficial relationship with the child. DATE: , 2007 J. Michael Sheldon, Esquire Pa. ID #83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff BROOKE M. ANTHONY Plaintiff / Petitioner V. MINDY ANTHONY, Defendant / Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2943 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION STATEMENT I verify that the statements made in this PETITION TO MODIFY CUSTODY are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Date: 4--?J( J(-, 2007 BROOI,£M. ANTHONY, Petit' er BROOKE M. ANTHONY Plaintiff / Petitioner V. MINDY ANTHONY, Defendant / Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2943 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, J. Michael Sheldon, Esquire, hereby certify that a true and correct copy of the foregoing PETITION TO MODIFY CUSTODY was served upon the Defendant via certified, postage prepaid, first-class United States mail at the following address: Mindy (Anthony) James 2108 Brigade Road Enola, PA 17025. DATE: -? , 2007 -? J. Michael Sheldon, Esquire Pa. ID #83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff O 0 G o ?C BROOKE M. ANTHONY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MINDY ANTHONY DEFENDANT 02-2943 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 18, 2007 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 Wednesday, May 23, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: Is/ Dawn S. Sunday, Esq. _,i,p Custody Conciliator yj' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,O,W? b', ',!AlASN, !ad ?O :01 WV t7. 8JV LODZ MtrtONO Od''d 3HI 30 301:: Held JUN 11 2DD7#*i ?/ BROOKE M. ANTHONY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-2943 CIVIL ACTION LAW MINDY ANTHONY Defendant IN CUSTODY ORDER OF COURT AND NOW, this l `'i day of Some- , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 19, 2002 is modified by this Order. 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties. in developing sufficient communication and cooperation to enable them to effectively co-parent their Child and reduce family conflict to promote his emotional well being. The parties shall participate in a minimum of four joint counseling sessions. All costs of counseling shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within 15 days of the date of this Order to schedule the initial appointments. 3. Pending the conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the parties shall have custody of the Child pursuant to the following schedule during the 2007 summer school break: A. The Father shall have custody of the Child on alternating weekends from Friday at 9:00 a.m. through Sunday at 7:00 p.m. and on his two days off work each week from the first day at 9:00 a.m. through the following day at 7:00 p.m. The Mother shall have custody on the interim weekends, and on the weekdays not specified for the Father in this paragraph. B. The Mother shall have custody of the Child for vacation from July 9 at 7:00 p.m. through July 15. The Father shall have custody of the Child for vacation from July 27 at 9:00 a.m. through August 5 at 7:00 p.m. C. Due to the Mother's period of vacation custody, the Father's regular period of custody on July 9 shall be limited to the period from 9:00 a.m. until 7:00 p.m. and the Mother shall have custody of the Child on July 10. Immediately following the Father's vacation period of custody, the Mother shall have custody of the Child on August 6 and August 7, which would otherwise have been the Father's period of custody under the regular schedule. 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, August 7 at 9:00 a.m. for the purpose of reviewing and establishing custodial arrangements for the school year. CIQ 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. ,Michael cc:?J Michael Sheldon, Esquire -Counsel for Father A. Etter Dissinger, Esquire - Counsel for Mother BY THE COURT, BROOKE M. ANTHONY Plaintiff VS. MINDY ANTHONY Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2943 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devin M. Anthony July 11, 2000 Father 2. A custody conciliation conference was held on May 29, 2007 with the following individuals in attendance: the Father, Brooke M. Anthony, with his counsel, J. Michael Sheldon, Esquire, and the Mother, Mindy James, formerly Anthony, with her counsel, Mary A. Etter Dissinger, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Uil? e o C Date Dawn S. Sunday, Esquire Custody Conciliator BROOKE M. ANTHONY Plaintiff VS. MINDY ANTHONY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2943 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 14 [? day of -J 2007, upon consideration of the attached Custody Conciliation Report, it is or ed and directed as follows: 1. The prior Order of this Court dated June 14, 2007 is vacated. The prior Order of this Court dated September 19, 2002 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child and reduce family conflict to promote his emotional well being. The parties shall participate in a minimum of four joint counseling sessions. All costs of counseling shall be shared equally between the parties. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the school year, the Father shall have custody of the Child on alternating weekends from Friday after school through Monday morning when the Father shall transport the Child to school. In addition, during weeks following the Father's weekend periods of custody, the Father shall have custody of the Child on Thursday from after school until 7:00 p.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Tuesday from after school until 7:00 p.m. The Father shall be entitled to have custody of the Child when the Father is off work on any weekday on which the Child does not have school with the exception of holiday periods of custody as provided in this Order and Fridays preceding the Mother's weekend periods of custody. The Mother shall have custody of the Child during the school year at all times not otherwise specified in this provision. B. During the summer school break, the Father shall have custody of the Child on alternating weekends from Friday at 9:00 a.m. through Sunday at 7:00 p.m. and on his two days off work each week from the first day at 9:00 a.m. through the following day at 7:00 p.m. The Mother shall have custody on the interim weekends, and on the weekdays not specified for the Father in this provision. 0' ;011411 S 10R IODZ 4. The holiday custody schedule set forth in the prior Order of this Court dated September 19, 2002 is modified as follows: A. Thanksgiving: In odd numbered years, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. B. Easter: The parties shall share having custody of the Child on Easter Sunday with one party having custody from 9:00 a.m. until 3:00 p.m. and the other parent having custody from 3:00 p.m. until 9:00 p.m. The specific arrangements for each party to have the period of custody beginning either in the morning or afternoon shall be arranged by agreement. C. Memorial Day/July Fourth/Labor Day: In odd numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on July Fourth. In even numbered years, the Father shall have custody of the Child on Memorial Day and Labor and the Mother shall have custody on July Fourth. The specific times for exchanges of Custody under this provision shall be arranged by agreement between the parties. D. The parties shall have custody of the Child during the remaining days of extended school holidays such as Christmas break, Easter break and Spring break as allocated between the parties in the same manner as the summer custody schedule. 5. Paragraph 8 of the September 19, 2002 Order is vacated. 6. 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. cc?J. Mi el Sheldon, Esquire - Counsel for Father ary A. Etter Dissinger, Esquire - Counsel for Mother BY THE COURT, AUG 13 2007 BROOKE M. ANTHONY Plaintiff VS. MINDY ANTHONY Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2943 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devin M. Anthony July 11, 2000 Father/Mother 2. A custody conciliation conference was held on August 7, 2007 with the following individuals in attendance: the Father, Brooke M. Anthony, with his counsel, J. Michael Sheldon, Esquire, and the Mother, Mindy Anthony, with her counsel, Mary A. Etter Dissinger, Esquire. 3. The parties agreed to entry of an Order in the form as attached. -2 J2A? , - Date Dawn S. Sunday, Esquire cf- Custody Conciliator e 7 0 BROOKE M. ANTHONY Plaintiff/Respondent VS. MINDY ANTHONY Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 02-2943 CIVIL ACTION LAW IN CUSTODY MOTION TO TRANSFER A CASE TO PERRY COUNTY AND NOW COMES, Mindy James formerly known as Mindy Anthony, Defendant in the above captioned matter and request the Court to transfer this case to Perry County and in support of the Motion avers as follows: 1. Defendant /Petitioner is Mindy James who resides at 1271 Foxl Hollow Road, Shermans Dale, Perry County, Pennsylvania 17090.1 2. Plaintiff /Respondent is Brooke M. Anthony, whose last known permanent address was 1315 Highland Street, Harrisburg, Dauphin County, Pennsylvania 17113. 3. The parties are the parents of a minor child, Devon Michael Anthony born July 11, 2000. 4. The child is the subject of two orders of Court filed to the above docket number, both of which are attached as exhibits A and B. 5. Since the entry of the Order, Defendant/Petitioner has moved to Perry County and resided there with the minor child for fourteen months. 6. The Plaintiff/Respondent in this matter has told Defendant/Petitioner that he intends to move to Perry county and has been looking at real estate in Perry county which is for sale. 7. The minor child has been attending school in Perry County for the last fourteen months. 8. All of the academic information pertinent to this case and the attendance records are located in Perry County. 9. The friends and the relatives of the parties reside, in the main, in Perry Count and in the event there is a future custody matter to be resolved by the court, those witnesses would come from Perry County to testify. 10. Teachers who may be called to testify are believed to reside in Perry County. 11. All of the child's extracurricular activities occur in Perry County and any witnesses in any future custody case that might be called to testify would in large part come from Perry County. 12. The parties are in the process of attempting to negotiate a revised custodial agreement and in the event one is reached, it will be submitted to the court for confirmation, whether that is Cumberland County or Perry Count. 13. In the event the parties cannot reach an agreement, it is anticipated that this matter would then have to proceed to conciliation, and perhaps a hearing. 14. In as much as the child and the primary physical custodian, Defendant /Petitioner, herein reside in Perry County and the Plaintiff/Respondent intends to move to Perry County, in the interest of judicial economy and in the interest of convenience of prospective witnesses, this matter should be transferred to Perry County. 15. All of the significant contacts of the child and the parties herein for the past fourteen months have been almost exclusively in Perry County, Pennsylvania. 16. A copy of this Motion has been previously provided to co sel of orris for Plaintiff/Respondent, and he opposes oes no oppose has not responded to the within Motion EFORE, it is respectfully requested that this matter be transferred to Perry County. Respectfully Submitted, DISSINGER AND DISSINGER Mary A. Etter issinger Attorney for Plaintiff/Petitioner Supreme Court ID #27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 957-3474 ? S VERIFICATION I, Mindy L. James, verify that.the foregoing facts are true and correct. I understand that false statements herein are made subject to the peri?41ties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. r -& J17 QIU, VIQX?- Mindy L. Jame - . ; BROOKE M. ANTHONY Plaintiff/Respondent VS. MINDY ANTHONY Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 02-2943 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, J. Michael Sheldon, Esq., by First Class United States mail addressed as follows: J. Michael Sheldon 5821 Linglestown Rd, Suite 212 Harrisburg, PA 17112 Date: d Mary A.kEtter Dissinger ?? caJ cr" F!:1R p '0004 BROOKE M. ANTHONY Plaintiff/Respondent VS. MINDY ANTHONY Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 02-2943 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this '5 A - day of M Z,4-, 2009, the Motion for Transfer from Cumberland County to Perry County is Granted. The Prothonotary is directed to transmit the file to Perry 1A? °1 { J 277 1 i rf C-5 255 6 C Ile County y P_and t1tolicd up" ? C- Y ' - I Wy e'2( t BY THE COURT: IDate: .t ? We y Oler, Jt. J. D'stribution: ry A. Etter Dissinger, 400 South State Road, Marysville, PA 17053 J. Michael Sheldon, 5821 Lingle town Rd., Suite 212, Harrisburg, PA 17112 cQ 1 ?S ?''n -(. 1 3?s1d? VINVA"ft,SNN3d 8 c :11 Nv S- Hvw Z AbVI NOH108d 34L 3OL-L40-03 8