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HomeMy WebLinkAbout07-0082 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, ) Civil Action - Law Plaintiff, ) vs. ) No. U7 - O Michael T. White, ) Defendant, ) In Divorce a v.m. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of the Franklin County Court House, First Floor, Chambersburg, 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA Only) or (717) 238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities 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. 1780043-1 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, ) Civil Action - Law Plaintiff, ) vs. > No. U 7- 00;Z_ Michael T. White, ) Defendant, ) In Divorce a v.m. COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Alexis R. White, a sui juris adult, who currently resides at 212 North Prince Street, Apartment 1, Shippensburg, Cumberland County, Pennsylvania, since November 26, 2006. 2. Defendant is Michael T. White, a sui juris adult, who currently resides at 100 Willow Drive, Shippensburg, Cumberland County, Pennsylvania, since October 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 14, 2003 in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment of marriage between the parties except the action represented by this Complaint. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. 1780043-1 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. r Alex' . White BARLEY SNYDER Date: as ,? 2ao-7 L,7,4? -OA uz M. Trinh, Esquire Attorney for Plaintiff fi a ?. o ZF ?ti? C. 70 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, ) Civil Action - Law Plaintiff, ) VS. ) No. 07 "o -\ Civil Term Michael T. White, ) Defendant, ) In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 17808444 P-l q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, ) Civil Action - Law Plaintiff, ) VS. ) No. 0I - P 2- Michael T. White, ) Defendant, ) Custody COMPLAINT FOR CUSTODY lrlv,`, ?-n 1. The Plaintiff is Alexis R. White (natural Mother) residing at 212 North Prince Street, Apartment 1, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Michael T. White (natural Father) residing at 100 Willow Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: Name Address Age Landen Michael White 212 North Prince Street, Apt. 1 6 months Shippensburg, Pennsylvania The child was born in wedlock. 4. Since his birth, the child has resided with the following persons and at the following addresses: Name Address Date Mother (shared custody) 212 North Prince St, apt. 1 November 26, 2006 to Shi ensbur , PA 17257 resent Father, Vicky L. White (paternal grandmother) and 100 Willow Drive November 26, 2006 to Thomas M. White (paternal Shippensburg, PA 17257 present grandfather) shared custody) Father, Mother, Vicky L. White (paternal grandmother) 100 Willow Drive October 2006 to November and Thomas M. White Shippensburg, PA 17257 25, 2006 (paternal grandfather) Father, Mother 86 Shippensburg Mobile Estates birth to October 2006 Shi ensbur , PA 17257 5. The mother of the child is Alexis R. White, 212 North Prince Street, Apt. 1, Shippensburg, Cumberland County, Pennsylvania 17257. She is married to the father of the child. The father of the child is Michael T. White, 100 Willow Drive, Shippensburg, Cumberland County, Pennsylvania 17257. He is married to the mother of the child. 6. The relationship of Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the following persons: Name Relationship Landen Michael White (shared custody) Son 7. The relationship of Defendant to the child is that of natural Father. The Defendant currently resides with the following persons: Name Relationship Vicky L. White Mother Thomas M. White Father Landen Michael White (shared custody) Son 8. Plaintiff, Alexis R. White, is represented by Suzanne M. Trinh, Esquire with regard to this matter. 9. Defendant, Michael T. White, is unrepresented with regard to this matter. 10. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 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. 11. The best interests and general welfare of the child will be served by entering an order for shared physical custody of the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and right to intervene: NONE WHEREFORE, Plaintiff/Mother requests a grant of shared physical custody of the child. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. l?U Ale?d R. White BARLEY SNYDER Date: Jaou02-,, 200"7 S M. Trinh, Esquire Atto ey for Plaintiff C1 N p r; mr?? ?• i rn N ?? O ? t ALEXIS R. WHITE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL T. WHITE 07-82 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, January 11, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 15, 2007 at 9:30 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 hearin#t. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. o VA 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 hearinu. 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 I IELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Y- 2HI ?(2 -1/,/ L0 W, / ,/ 0.11,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, ) Civil Action - Law Plaintiff, ) VS. ) No. 07-82 Civil Term Michael T. White, ) Defendant, ) In Divorce a v.m. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: ) COUNTY OF FRANKLIN Suzanne M. Trinh, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff, Alexis R. White, in the above-captioned matter; that she did serve a true and attested copy of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code, by mailing the same to Defendant, Michael T. White, by certified mail, restricted delivery, article number 7160 3901 9849 3629 4997, on January 10, 2007 to his mailing address of 100 Willow Drive, Shippensburg, Pennsylvania 17257; that said certified mail article was delivered to Defendant, Michael T. White, on January 23, 2007, all as appears from the receipt for certified mail and the return receipt attached hereto. BARLEY SNYDER By: Ls-'? v " S e M. Trinh, squire Attorney for Plaintiff Sworn and subscribed to before me this 45'0 day of , 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L. Freeman, Notary Public Chambersburg Boro, FranMin County My Commission Expires Apr. 7, 2009 Member, Pennsylvania Association of Notaries 18086594 Ca La> ? s 2. Mile Number A. Recelved by (Pteaw P&d ? & Died & w? 2 3 0 C. Sgnsdirs 1:1 Agent - 71W 3401 9649 3629 4948 X V?? ? Aftemmes D. Is delivery address dOmm. from INm r? 0 Yes If YES, ender d*.wy address bsbw: n No 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) jyes 1. Article Addressed to: Michael T. White 100 Willow Drive Shippensburg, Pemisylvania 1%257 Alexis R. `white S. Trinh !ill Plarm 3511, ^m y'SM Dorrieego, Retain Reowt s r ,4 rya f -? 7 -T7 c 4116 om It nor/ V ALEXIS R. WHITE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL T. WHITE, NO. 07-82 Defendant IN CUSTODY COURT ORDER AND NOW, this day of „? , 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that the following TEMPORARY Custody Order is entered: 1. The mother, Alexis R. White, and the father, Michael T. White, shall enjoy shared legal custody and shared physical custody of Landen Michael White, born July 2, 2006. 2. Physical custody shall be handled on a 50/50 arrangement. This arrangement shall include a two-two-three day custody rotation. This schedule shall start with the first alternating weekend of March 15 being fathers. 3. Exchange of custody between the parties shall take place at the child's daycare, with the custodial parent being able to designate his or her own daycare provider. 4. The parties may modify the above schedule as they agree. Absent an agreement, the above schedule shall control. 5. Neither party shall contact the other parent at any time past 9:00 p.m. unless in case of an emergency involving the minor child. 6. Legal counsel for the parties shall conduct a second Custody Conciliation Conference with the Conciliator via a telephone conference on May 4, 2007 at 9:30a.m. At that conference, the existing Order will be reviewed with the possibility A lob of modifying the Order or changing the Order to address any holiday issues. In the event an agreement cannot be reached at that point, either party may request this case be scheduled for a hearing with the Court and the parties willingness to agree upon the temporary Order set forth above shall not prejudice either party in the event they advance another position at a Court hearing. 7. In the event the minor child is in daycare or otherwise not with the custodial parent and the non-custodial parent is available to care for the child, the non-custodial parent shall be provided with the opportunity to provide such care as long as the time period in question does not interfere with the custodial parent's custody. 8. For major holidays that occur during the custody time frame, the parties shall work together so that they attempt to share equally that major holiday. BY THE COURT, Judge cc: zanne Miller Trinh, Esquire Xnnah Herman-Snyder, Esquire -4 F:\FMES\DATAFILE\General\C urent\12321\White v White Conciliation Report-Order.wpd VIN*,A-VSNN:3d IS •Z Wd 61 BVW IOOZ hUV1G vH C, d ?Hl. ?O A - ti ALEXIS R. WHITE, Plaintiff v MICHAEL T. WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-82 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Landen Michael White, born July 2, 2006. 2. A Conciliation Conference was held on March 15, 2007, with the following individuals in attendance: The mother, Alexis R. White, with her counsel, Suzanne M. Trinh, Esquire, and the father, Michael T. White, with his counsel, Hannah Herman-Snyder, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agreed upon the entry of an Order in the form as attached. DATE: March 15, 2007 G Hubert X. Gilroy, E uire Custody Conciliato ALEXIS R. WHITE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL T. WHITE, Defendant : CIVIL ACTION -LAW NO. 07-82 IN CUSTODY PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Date: Respectfully submitted, Michael T. White Pro Se 100 Willow Drive Shippensburg, PA 17257 p o n ? c_ ? rt r x. J 1 Alexis R.White, vs. Michael T. White, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRANCH Plaintiff, ) Defendant, ) NOTICE TO DEFEND AND CLAIM RIGHTS Civil Action - Law No. Civil Term 07-82 In Divorce a v.m. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of the Franklin County Court House, First Floor, Chambersburg, 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA Only) or (717) 238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRANCH ALEXIS R. WHITE, Plaintiff, ) Defendant, ) Civil Action - Law vs. MICHAEL T. WHITE, No. Civil Term 07-82 In Divorce a v.m. AMENDED DIVORCE COMPLAINT AND NOW comes the above-captioned Plaintiff by and through her attorney, Suzanne M. Trinh, Esquire of Sharpe & Sharpe, LLP, pursuant to Pa. R.C.P. 1920.13 and amends her Divorce Complaint as follows: COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 7. Paragraphs I through 9 of the prior No-Fault Complaint in Divorce filed on January 4, 2007 are incorporated herein by reference thereto. 8. The resolution of the issues raised by this Complaint will require Plaintiff to incur considerable additional expenses and costs. 9. The Plaintiff is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. 10. The Defendant is presently employed at CSC Inc. with an annual income of approximately $60,000.00. WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement, and to require the scheduling of a hearing to determine Plaintiffs entitlement to alimony pendente lite, counsel fees and expenses, and if so, the amount. SHARPE & SHARPE, LLP By: S ?tz)oriiey nne M. Trinh, Esquire for Plaintiff VERIFICATION I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i ? Date: Q-21-0'1 Alexis(White, Plaintiff 1247967-1 3 r--x .- ?7 ,. ? " " ? /? --i try ".?- ??Y, __ i?? ?r'$ T',? .`? • ., \l.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White VS. Michael T. White Plaintiff ) Defendant 07-82 Civil Action -Law PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw the appearance of Barley Snyder LLC as counsel for the Plaintiff Alexis R. White, in the above captioned case and enter the appearance of Suzanne M. Trinh as counsel for the Plaintiff. Date: q- Z7`0-7 BARLEY SNYDER LLC s . Adams Esquire Attorney for Plaintiff Attorney I.D. #02501 247 Lincoln Way East Chambersburg PA 17201 (717)264-6494 Suzanne M. Trinh, Esq. Date: 1-27 -0-7 S zanne M. Trinh ttorney for Plaintiff Attorney I.D. #92747 Sharpe & Sharpe, LLP 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 - t? =1 c o -. tf3 !(D 9c ALEXIS R. WHITE : IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY PENNSYLVANIA V. NO. 07-82 MICHAEL T. WHITE CIVIL ACTION-LAW Defendant, IN DIVORCE PRAECIPE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Michael T. White in the above captioned matter. Date: / D 11,22 10 7 r riff ie, uire IE & AS CIATES S 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 cv. r-J C= d C7It ?. _; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRANCH Alexis R. White, Plaintiff, ) } Defendant, ) Civil Action - Law vs. Michael T. White, No. Civil Term 07-82 Divorce/Custody ACCEPTANCE OF SERVICE I, Bradley L. Griffie, Esquire, attorney for Michael T. White in the above-captioned matter, do acknowledge that I have received a true and attested copy of the Amended Divorce Complaint filed in the above-captioned matter on September 28, 2007. I certify that I am authorized to accept service on behalf of Michael T. White. Date: ey L. Griffie, Esquire Attorney for Defendant c=? d _ -n IL DEC 27 2AP-14? ALEXIS R. WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL T. WHITE, NO. 07-82 Defendant IN CUSTODY COURT ORDER AND NOW, this d/.dt day of December, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on , 2008 at I? in. At this hearing, the father shall the IF day of ava4a, be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior order of march 19, 2007 shall remain in effect subject to the following modifications: A. Where mother gives at least thirty days notice to switch a day of custody because of her work schedule, father shall accommodate mother in that regard unless there is a previously scheduled important social or family matter that involves father and the child. In these circumstances, the parties shall work out a switching of days such that they continue to have the 50/50 custodial arrangement as set forth in the existing order. B. Legal counsel for the parties shall communicate and identify a counselor that shall become an independent counselor for the parties. The intent of the counseling shall be to help facilitate the parties to have better communication skills with each other and, hopefully, have a better ability to handle custody issues. Costs of this counseling shall be shared equally between the parties. 3. In the event the parties believe another conciliation conference in advance of the above scheduled hearing would be meaningful and aid the possible resolution of this case, legal counsel for the parties may contact the Custody Conciliator directly prior to the hearing to schedule another custody conciliation conference. BY THE COURT, cc: Suzanne Miller Trinh, Esquire Bradley L. Griffie, Esquire Judge F:WILES\Clients\12321 Custody Conciliations\12321.White v White Conciliation Report-Ordeewpd 2 ?i 1NVY' AS, IN] I =Z Wd I C 330 L00Z AbViCI uH1Ccd 33Hi J0 30i±1 31H r- k ALEXIS R. WHITE, Plaintiff v MICHAEL T. WHITE, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-82 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Landen Michael White, born July 2, 2006. 2. A Conciliation Conference was held on December 20, 2007, with the following individuals in attendance: The father, Michael T. White, with his counsel, Bradley L. Griffie, Esquire, and the mother, Alexis R. White, with her counsel, Suzanne M. Trinh, Esquire. 3. The parties have a disagreement with respect to the existing schedule and father is suggesting that perhaps he should be designated primary custodian in light of some problems that he perceives with the schedule. A hearing is required. Pending the hearing, the Conciliator recommends a modification of the existing order to address mother's work schedule and the Conciliator recommends an Order in the form as attached. DATE: December 2007 am- (110 ?4 Hubert X. Gilroy, Esquir Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, } Civil Action - Law Plaintiff, ) vs. ) No. 07-82 Civil Term Michael T. White, ) Defendant, ) In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on January 4, 2007. i 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. I verify that the statements made in this Affidavit are true and correct. I understand that f false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 4 Alexi White, Plaintiff fV u7 ___ ?,", t.?s. `, r I?E:1 ? i C.3'! ._ ,. "C7 ?-?- - ?-;=s r?a . ?? I w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, VS. Michael T. White, Plaintiff, ) Civil Action - Law No. 07-82 Civil Term i ? Defendant, ) In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: Z Ale . White, Plaintiff ?-? -'T:"? ?s?? r s5'?t („i"t J 4. ??? ,.- r;.s ??.? '? C 4."?-; s Alexis R. White, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } Civil Action - Law Plaintiff, VS. Michael T. White, No. 07-82 Civil Term Defendant, } In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on January 4, 2007. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: f O Miachel T. White, Defendant 1 C'+,? ? ?? ? C ,- >.. -ti t.3"t jas ?? 4? ?. . _ ?. Alexis R. White, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Plaintiff, vs. Michael T. White, No. 07-82 Civil Term f 1 Defendant, ) In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: ?I O? ?/.? - Michael T. White, Defendant =i i? 3 :? ..? ?:- ?,- c.?.- - ? ; '"'".? ?' ".?, ? «-? •y ? ? i l'?- 1? [;,,7 :. r"? t..) PROPERTY AND SEPARATION AGREEMENT BETWEEN ALEXIS R. WHITE AND MICHAEL T. WHITE SHARPE & SHARPE, LLP 257 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 THIS AGREEMENT made this day of , 200_, by and between Alexis R. White of 239 E. King Street, Apt. C, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and Michael T. White of 100 Willow Drive, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 14, 2003 in Shippensburg, Cumberland County, Pennsylvania. There was one child born of this marriage, said child being: Landen Michael White, born July 5, 2006; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife; WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Suzanne M. Trinh, Esquire for Wife and Bradley L. Griffie, Esquire for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal 3 exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of 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. 4. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) ofthe Divorce Code of 1990. 4 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: (a) Except as set forth in subparagraph (b) below, Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 5 (b) The parties shall make arrangements for Wife to receive, within five (5) days of execution of this Agreement, the following items of personal property currently in Husband's possession: i. Wife's clothing and other personal effects; ii. Wife's Longaberger dish set; iii. Rocking chair given to Wife by her grandmother; iv. Picture of Indian girl with wolf (gift from Wife's parents); V. Quilt made by Wife's great-grandmother; vi. Wife's important papers, including her birth certificate and social security card, kept in Husband's safe; vii. Hospital bracelets from child's birth (Wife's bracelet and one of the child's bracelets). 8. PETS The parties' Dalmation and maltese-poodle mix dogs and Himalayan cat shall be the sole and separate property of Husband. In the event Husband is unable to keep the pets, he shall offer them first to Wife at no cost before offering them to any third party. Wife shall sign the AKC registration papers to remove her name as an owner of the Dalmation upon presentation of said papers to her by Husband after the Date of Execution. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each parry waives against the other any 6 duty of accounting for disposition of any jointly held funds. The parties hereby confirm their prior distribution of the contents of their joint savings account and neither shall hereafter make any claim against the other regarding the same. 10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. RECIPROCAL WAIVER OF RETIREMENT ASSETS: a. The parties recognize that Husband has a 401(k) retirement plan as a result of his employment with World Kitchens. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in this retirement plan. b. The parties recognize that Wife does not have any known retirement assets. Wife may have a pension as a result of her former employment with Quincy United Methodist Home. For the mutual promise and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in Wife's pension. c. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees 7 and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 12. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. b. Wife shall assume sole responsibility for her student loans through Sallie Mae and through Rue Education and shall hold Husband harmless therefrom. c. Wife shall assume sole responsibility for the Chambersburg Hospital bill in the amount of approximately $1,500 resulting from the birth of the parties' child. d. Husband shall remove Wife's name from all credit card accounts for which he is the primary account holder and Wife shall remove Husband's name from all credit card accounts for which she is the primary account holder no later than sixty (60) days from the Date of Execution. The parties shall cooperate as necessary to remove one another's names from their respective credit cards and each party shall, within a reasonable time after presentation, execute any and all forms necessary to complete the above-described actions. e. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that parry for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal 8 law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 13. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other parry harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 14. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be 9 otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 15. HEALTH INSURANCE: Each party shall be responsible for obtaining or maintaining his or her own health insurance. Health insurance for the parties' child shall be provided as agreed between the parties or as ordered by Domestic Relations. In the event health insurance coverage for the child is terminated for any reason, the party who was providing the coverage shall notify the other party of the termination in writing not later than five (5) days after the termination. 16. CHILD'S UNREIMBURSED MEDICAL EXPENSES: The parties hereby stipulate and agree that they shall share equally any unreimbursed medical expenses incurred on behalf of the parties' child, Landen Michael White. The party who incurs the expense shall provide the other party with a photocopy of the invoice(s) for the services or products provided together with proof of payment within thirty (30) days of receipt of said invoice(s). The other party shall pay or make arrangements for payment of his or her share of the medical expenses not later than thirty (30) days after receiving said invoice(s). This provision is not retroactive. The parties agree to advise Domestic Relations of the existence of this provision at any future child support conferences or hearings 17. DEPENDENCY EXEMPTIONS FOR INCOME TAX: For purposes of federal and state income taxes, Wife shall claim herself and Landen Michael White in even-numbered tax years and Husband shall claim himself and Landen Michael White in odd-numbered years 10 The parties agree to file separate returns beginning with tax year 2007. The party claming the child shall also be entitled to claim any appropriate tax credits or deductions related thereto, including a credit for day care expenses. 18. WAIVER OF SUPPORT: a. Husband hereby waives all right to claim against Wife for spousal support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband for spousal support, alimony, alimony pendente lite, counsel fees and expenses. 19. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 20. DIVORCE: Wife has commenced an action for divorce from Husband pursuant to Section 3301(c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on January 4, 2007. Both parties shall, at the time of the execution of this Agreement, furnish Wife's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact that Wife will bear the cost of same in her individual capacity. 11 a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 21. LEGAL FEES: In the review and preparation of this Agreement each party shall bear his/her own legal fees. 22. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 23. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 12 24. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 25. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and by this agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 26. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 27. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement 13 shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. 28. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 29. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 14 30. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 31. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 32. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband at 100 Willow Drive, Shippensburg, Pennsylvania 17257.. b. To the Wife at 212 N. Prince Street, Apt. 1, Shippensburg, Pennsylvania 17257. 33. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15 34. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 35. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 36. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 37. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. 16 IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN eal) Alexis ite (Seal) Michael T. White SS. On this, the day of 2007, before me, a notary public, the undersigned officer, personally appeared Alexis R. White, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. NOTARL41 SEAL SHELLEY L. DODSON, Notary Public Boro of Chambersburg, Franklin Co. My Commission Expires October 6, 2009 tary Public 17 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) On this, the day of 442AgAgA.4d , 200 before me, a notary public, the undersigned officer, personally appeared Michael T. White, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. otary Public NOTARIAL SEAL ROSIN J. BASSETT Notary Public CJMI,W KWONK CIN4111EMAND INIIY I#* ;QWA Won: %**$ Apr'T 7, "I l 18 d'? n i :? 3 ...?-, i. r C?? tk _ yr ? 'i1YlLi6`J «'?"•?i.??}s.tJlM+,`_'? ",^'r ??4t..Y?i''? ?sk":..?i..g ., C J ... ? .. ? "'.:7 C?;. '?`- r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alexis R. White, Civil Action Law Plaintiff vs. F.R. 2007 - 07-82 Civil Term Michael T. White Defendant In Divorce a.v.m. PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: i 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: January 4, 2007 by certified mail, restricted delivery. I 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by plaintiff January 11, 2008; by defendant January 3, 2008. i 4. Related claims pending: Resolved through private Agreement. 5. Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the notary: January 15, 2008 Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: January 15, 2008. L A ( ' , ' Suz M. Trinh Attor ey for Plaintiff ?. . ";; j ;, .. i _ ?y ?., ,. ? x, f''?,'? J t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 07-87 civil Term VERSUS Defendant DECREE IN DIVORCE AND NOW, `/Lrv 3? Za+B IT IS ORDERED AND DECREED THAT ALEXIS R. WHITE , PLAINTIFF, AND MICHAEL T WHITE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; Any existing spousal support order shall hereafter be deemed an order for alimonv vendente lite if anv economical claims remain Dendine. E A 06 OLV ALEXIS R. WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA vs. : CIVIL ACTION - LAW MICHAEL T. WHITE, NO. 07-0082 CIVIL Defendant ORDER AND NOW, this /7' day of April, 2008, on request of counsel, hearing herein set for April 18, 2008, is continued to Tuesday, May 13, 2008, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ? Suzanne Trinh, Esquire For the Plaintiff Bradley Griffie, Esquire For the Defendant Am Copt £..5' rn21 LECL y????oa BY THE COURT, ,/-<, " Kevi A. Hess, J. n 3"r...?Yd +'? Kl ?.`ti?t\.. ? J'`1 C?R3k? ??1?? ty ' ? ,??? ?.1 ?J 1 ? 1 a??? '+?-} ?? ,? ?? ,..? ?,s r?. u. ALEXIS R. WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA vs. CIVIL ACTION - LAW MICHAEL T. WHITE, NO. 07-0082 CIVIL Defendant ORDER AND NOW, this /s day of May, 2008, hearing herein is continued generally pending receipt from counsel of a stipulated order. BY THE COURT, Suzanne Trinh, Esquire For the Plaintiff Bradley Griffie, Esquire For the Defendant :rlm L 2 -.Ql WV S 1 AVW 0001 AUVAI.GN C` ' r U ad .3Hi AO U 1 . 1 s ALEXIS R. WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MICHAEL T. WHITE, NO. 07-82 Defendant IN CUSTODY ORDER OF COURT AND NOW this 14` day of qp ,. , 2008, upon presentation and consideration of the within Stipulation and Agreement, it is hereby ORDERED and DIRECTED as follows: Plaintiff, Alexis R. White (hereafter "Mother") and Defendant, Michael T. White (hereinafter "Father") shall have shared legal and physical custody of their son Landen Michael White, born July 5, 2006 (hereinafter "child") 2. Physical custody shall be on a 50150 basis which shall include an alternating two- day/three-day/two-day custody rotation. The weekend beginning Friday, May 16, 2008, shall be Mother's weekend. 3. Whenever possible, exchange of custody shall take place at the child's day care. It is understood that if the parent who is securing custody on any given day is unable to secure custody of the child before the required time designated by the child care provider, the other parent may secure custody prior to that time and retain custody of the child until the other parent is available. 4. In the event of circumstances where the custody exchange can not take place at the child's day care, the parent securing custody of the child for that exchange shall be responsible for providing transportation to secure custody of the child from the other parent's residence unless otherwise agreed. If either parent moves Q w 1 further than thirty (30) miles from the other parent, the parent who moved shall be responsible for all transportation. 5. During the following holidays, the parent who has custody on the day before any given holiday shall retain custody of the child until 2:00 p.m. on the holiday. The other parent shall then secure custody at 2:00 p.m. on the holiday and retain custody overnight on the day of the holiday to the following day, when the parties shall return to the alternating custody schedule as set forth above in paragraph number two (2) beginning at 10:00 a.m. These holidays shall include New Year's Day, Easter Sunday and Thanksgiving. 6. On Memorial Day and Labor .Day, the parent who has custody of the child during the holiday weekend shall retain custody until 8:00 p.m. on the holiday when the child shall return to the other parent and the parties shall return to the alternating schedule set forth in paragraph number two (2). 7. During the Christmas holiday season, the parties shall alternate physical custody of the child between the periods from 2:00 p.m. on December 24th to 2:00 p.m. on December 25th and the period from 2:00 p.m. on December 25th to 2:00 p.m. on December 26th. Mother shall have the first period as set forth above and Father shall have the second period as set forth above for Christmas 2008 and all even numbered years thereafter. Father shall have the period as set forth above and Mother shall have the second period as set forth above for Christmas 2009 and all odd numbered years thereafter. 8. Each party shall be entitled to (1) one week (7 consecutive days) of custody during the summer vacation, which will be from the last day of school in the 9 10 11. 12 school district where the child resides until the weekend before school begins on the following school year. The parties must designate, in writing, their requested period of vacation at least thirty (30) days in advance. In the event there is a selection of mutual dates, the party who first selects the vacation period in writing shall be accommodated by having their vacation take place as scheduled. The parties may, exercise their seven (7) consecutive day period of custody to coincide with days of their physical custody as set forth in the routine schedules in paragraph two (2) above. The holiday times set forth above shall take precedence over the regularly scheduled custodial arrangement. Any provisions set forth herein may be modified by the parties' mutual written agreement. Neither parent shall use childcare for the child for any overnight periods when that parent is unavailable without first contacting the other parent to determine whether that parent is available to provide childcare. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such serious illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the rules of the medical facility providing care and with the proper medical care of the child. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 13. The parties are currently subject to Orders of Court dated March 19, 2007 and December 31, 2007 relative to custody of the child. As per the parties' Stipulation, those Order are vacated and this Order shall remain as the sole Order in effect relative to custody of the child. 14. The Court retains jurisdiction of the issue of custody of the child for future modifications. BY THE COURT, Cc: Suzanne M. Trinh, Esquire Attorney for Plaintiff Bradley L. Griffie, Esquire Attorney for Defendant t E.s rn? ? Kevin A. Hess, Judge