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Home My WebLink About02-4244 DARREN S. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No. 0';"''12'1,/ Civil Term CHARLENE A. WHITE, Defendant :ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 DARREN S. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 0.:1. - '1.2. 't'f Civil Term CHARLENE A. WHITE, Defendant :ACTION IN DIVORCE COMPLAINT UNDER SECTION 3301 orthe DIVORCE CODE I. Plaintiff is Darren S. White, who currently resides at 4143 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 2. Defendant is Charlene A. White, who currently resides at 4]43 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint 4. The Plaintiff and the Defendant were married on July 23, ] 983 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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, 8. Plaintiff and Defendant have one child together, namely, Christopher Scott White, Date of Birth, 2-17-87, 9. Neither Plaintiff and Defendant are a member of the military, 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken, WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. JY~./JvvL Darren S, White, Plaintiff Date: q, (;;, O~ J e Adams, Esquire . No. 79465 36 South Pitt Street Carlisle, Pa, 17013 A TTORNEY FOR PLAINTIFF (") C") C (''0 C',> ~ ~ ~ "TJ ...,; V') Tl nl~~'~ r" z-!... -0 Z-<..- , ..!.. if (0 S;~ , ~ 1::; "? -<.;,< U' r.:::C' ~ oS> 5>-' :.-0 i (~;. zC ."C -1': r,_'j ,~~~ j>' --<:> ., c:: r:? r~itrl ....... :2: "'-., ~ '''''',) li [J\ co 'CJ -< 0 0 c- t'''d ~ ~ ~ l2E~ e..") nIl' '-" ~Sc' -'J ..( It , " ~ )::; "? rs (j' ~ -" :i" 7G --<:> ., );L2' r;? '- "'-~.- -' ""'J =.2 ,) -:-' ~ <:0 _:D '6l -< 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 94904 relating to unsworn falsification to authorities. JY~-IJzJL- Darren S. White, Plaintiff Date: q, 0, o~ J e Adams, Esquire . No. 79465 36 South Pitt Street Carlisle, Pa. 17013 ATTORNEY FOR PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 4 0, Y4 - () 'd-.- Civil Term :ACTION IN DIVORCE DARREN S. WHITE, Plaintiff CHARLENE A. WHITE, Defendant AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT AND NOW, this September 16, 2002, I, Jane Adams, Esquire, hereby certify that on September 14, 2002, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT was served, via certified mail, restricted delivery, return receipt requested, addressed to: Charlene A. White 4143 Mountainview Road Mechanicsburg, Pa. 17050 Respectfully Submitted: J e Adams, Esquire .D. No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ .,; .. ~ t; "5. 1S.oe = g~..H O'-~>-4) 2~-';g-S 0 't",o"E'Og! M"~~l'J~i "S! o~:g1.2l ca~aI-Q)-CD NC'O E-S ~ ,.:ili~g", "''0-..>,'" E'''' ~~"Ol 'E ~ I :i"~.g Q) ~ 8 "., ~ ~ a.~ >-10 J::- E c:-S~_5 81;;,,,, 0= ~c..U)<5 . . . ~ ~ e~ ~~ f '" ~ ::; ,g 'Ii - '~ "il ::;0: ;! E 0 lS. IE q .lli!:3 ODD ~ ~ ,~ ~ ~~$~ ~~ <i~ ~ =i 3 . e ~ ~ rn ! c5 ~~ .; .. . ::l; $ on ill ~ ru I'T1 ..lI I'T1 .-'I ..lI cO U'l ..lI c::J c::J c::J 'Ii c::J 'i1i r'I &l U'l 0: ru E " If \l r'I 0: c::J 0 c::J i ~ E .8 ~ 0 J 0 .... .., fl " Cl '~ ~ ~ lil - 1l e .- 15.g .- co Z,S! C') ~~ s U- N rn n. o ~ ~~~~ Z~J :Z..C ::"0:,' .:..(. /:. c::: ~;\,- :> ~~~~ L~ =2 c:::., f';:' ,-) :?1 en r' '-0 (:r" ~1.:) --.:,... '0 DARREN S. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHARLENE A. WHITE, Defendant : NO. 02-4244 CIVIL TERM : IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the within Counterclaim within twenty days (20) days from service hereof or a judgment may be entered against you. DARREN S. WHITE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW CHARLENE A. WHITE, Defendant : NO. 02-4244 CIVIL TERM : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM 1. Admitted in part denied in part. It is admitted that Darren S. White resided at 4143 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, at the time he executed the Complaint in Divorce. It is denied, however, that he continues to reside there at this time. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that the marriage is irretrievably broken at this time. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted as stated. WHEREFORE, Defendant requests your Honorable Court to dismiss the Complaint in Divorce. COUNTERCLAIM Count I - Eauitable Distribution 11. Defendant's answers to paragraph 1 through 10 of Plaintiffs Complain are incorporated herein by reference as it set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located at 4143 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, which was acquired during their marriage and which is subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Defendant requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT II - Alimonv. Alimonv Pendente Lite. and Counsel Fees 15. Defendant's Answer to Paragraphs 1 through 10 to Plaintiffs Complaint and paragraphs 11 through 14 of Defendant's Counterclaim are incorporated herein by reference as if set forth in their full text. 16. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 17. Defendant is without sufficient property and otherwise unable to financially support herself despite being gainfully employed. 18. Plaintiff's present employment status is unknown to Defendant, but he has substantial earning capacity and has recently had substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. Respectfully submitted, . e, Esquire r y l' Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: q b0~d-.. I ' e~L (j ~ CHARLENE A. wIDTE, Defendant ~ ~ '-- ~ ~ X) p ~ ~ .c:: '-'"\ , ~ ~ ~ ~ ri () c.: <"" -0 llJ t:p c' Z(~ ,rUe ---~r:1 ~~., ~;Q be. >(~~ z .., -<. o N C/) rT'1 :-u N -.J ~ :::1 ,iip :;:j8 C)O 1 -t' oT -01 <;jo om ~ '-< -0 ~Ji: ry :.'1 DARREN S. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHARLENE A. WHITE, Defendant : NO. 02-4244 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on September 5, 2002, and served on September 14, 2002. 2. The marriage of Plaintiff and Defendant is im:trievably broken and ninety (90) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~I()~ DATE: "1:2./03 CHARLENE A. WHITE, Defendant . (") c s::: -eCL' mn. Z:'_t: ZC CO"".' ;::$;"c. :s::~. ~c Z(., "<C ". ~c.::. ~ o w '-- c: ;;e I .C:- ~ .-J ~\' ;;r '::i(1; ;'? :~'iC) :'~::H -~("5 :jrn j;! 2? ". -..,.. ~ .0 W DARREN S. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHARLENE A. WHITE, Defendant : NO. 02-4244 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~330l(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me inunediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: " I). \ 1I) ~Ja~ CHARLENE A. WHITE, Defendant (") C)- 0 C W "Tl :s:: '- -Ul~' c: l:p Lr . :z .- ~-',' I ~.:,-: Z,;. Cf)i -,,- ~r -<.' C) kC :> f', " ~( :r (~ :i>2:! 'P. -~rn '.' .....{ ~ .;,.) 1> On -< SEPARATION AND PROPERTY SETTLEMENT AGREEMENT ,vi THIS AGREEMENT made this;) day of 1f;O IZ I L 2003, by and between CHARLENE A. WHITE, of 4143 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND DARREN S. WHITE, whose mailing address is c/o Luzminda Mitchell, 8346 Watermill Drive, Millersville, Maryland, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on July 23, 1983, In Cumberland County, Penusylvania; and WHEREAS, Husband and Wife are residents of the Conunonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, the parties are the natural parents of one child, namely, Christopher Scott White, born February 17, 1987; and WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 17-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION I.l It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action --Page 2 af 17-- ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition 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 part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. --Page 4 oj 17-- r 9& 3.3 Personal ProDertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. The parties acknowledge that they each have a life insurance policy on their life through Liberty Mutual Life Insurance Company. Wife shall retain ownership of the life insurance policy on her life. It is Rtrtaef Qslmev:188gs8 tfiat IhiBBRH8 Raa RftaFePfS8 8 n'llerJhip af 1113 tf..., ~lJ.~UJ.UH" poliG) to ~,Vift. Wife shall be responsible to pay the monthly premium on bud.L IL.~.::lbuud'~ ""'2md Wife's life insurance policies from this time forward. Wife shall have the right to borrow against, Ihr <''''n cash in policies, change beneficiaries and exercise any other incidents of ownership of .MlGJ':' I.. <'> f'1.e t JlQlieies, free of any right or claim by Husband. Husband shall sign any documents necessary to waive, relinquish, or transfer any such policies to Wife who shall then retain ownership. 3.5 Subseauentlv Acauired ProDertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result ofthe marriage relationship. 3.6 Real Estate. The parties have resolved the issue of ownership and responsibility for the outstanding mortgage on the property at 4143 Mountain View Road, Mechanicsburg, Cumberland --Page 5 of 17-- County, Pennsylvania, through their bankruptcy proceedings previously filed in this matter and which will be concluded subsequent to the signing of the within Agreement. It is not intended that there be any disposition herein of the real estate or the mortgage on the real estate beyond the manner in which these issues were resolved through the bankruptcy proceedings. 3.7 Pension. Retirement. Profit-Sharinf!. Wife hereby waives, relinquishes or transfers any and all right title and interest she has in her individual capacity or as Husband's Wife in any and all pension, retirement funds, profit sharing, stock options or similar accounts with Husband's present or past employers or which Husband has secured independently. Husband hereby waives, relinquishes or transfers any and all right, title or interest he has in his individual capacity or as Wife's Husband in any and all pension, retirement funds, profit sharing, stock options or similar accounts with Wife's present or past employer or which Wife has secured independently. This includes, but is not limited to, Wife's retirement account that she has accrued through her employment with the Pennsylvania Housing Finance Agency (PHF A). 3.8 Vehicles. The parties acknowledge that they are the joint owners of a 1996 Jeep Cherokee which is encumbered with a loan due and owing to M&T Bank and Trust Company. Husband hereby waives, relinquishes, and transfers any and all right, title and interest in the aforesaid 1996 Jeep Cherokee and shall execute the title to the vehicle and any other documents necessary to transfer the sole and exclusive ownership of said vehicle to Wife within fifteen (15) days of being presented with the title, a Limited Power of Attorney, or other documents to so transfer his interest. Wife shall be solely and exclusively responsible for repayment of the debt to M&T Bank and Trust Company and --Page 6 of 17-- shall indemnifY Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to said loan. The parties shall equally share in the costs of car insurance or automobile insurance for their son, Christopher, from the time he secures his driver's license and is obligated to be insured until he completes his college education or reaches the age of twenty-three (23) years, which ever occurs first. It is understood that, at least initially, Christopher shall be carried on Wife's automobile insurance policy, such that Wife shall provide Husband with a statement reflecting the cost of the automobile insurance coverage for Christopher, after which Husband shall, within fifteen (15) days, compensate Wife for one half of those costs of Christopher's automobile insurance. 3.9 Intamlible Personal ProfJertv. The parties acknowledge that they have previously transferred or waived rights or otherwise transferred their ownership interest in all intangible personal property such that all the intangible personal property that presently exists including their various bank accounts, credit union accounts and the like have already been distributed to their mutual satisfaction. Neither party will make any claim of any nature whatsoever against the other relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. ARTICLE IV ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, CHILD SUPPORT AND MAINTENANCE 4.1 Child SUfJfJort. Husband shall pay to Wife a sum equal to twenty-five (25%) percent of the net income, that being income net of taxes only as child support for the parties' son, Christopher. It is acknowledge that at the time of execution of this Agreement by the parties, this obligates Husband to --Page 7 of 17-- pay the sum of FOUR HUNDRED FOUR AND XX/lOO ($404.00) DOLLARS in support on a monthly basis based upon his receipt of unemployment compensation benefits. It is understood that this portion of the Agreement may be changed based upon a material change of the parties' circumstances. Payments shall be made by the tenth (loth) day of each month. Husband's payment shall be made at least in monthly installments. In the event, however, Husband is employed and receives pay weekly or bi-weekly, he may make payments of child support in these same intervals ifhe so chooses. 4.2 Colle1!e SuPPort. The parties acknowledge that it is there desire and intention to assist their son, Christopher, in pursuing a post-secondary education if that is his desire. In that regard, the parties stipulate and agree that they shall each be responsible for one-half (Yz) of the costs of tuition, room, board, books, supplies, and other associated expenses for Christopher's college education that are not otherwise covered by grants, loans, or scholarships. This obligation shall continue by each party until such time as Christopher graduates from college or reaches the age of 23 years. 4.3 Health InsuranceIMedical Bills. At the time of execution of this Agreement, Wife carries medical insurance on the parties' son, Christopher, and she will continue to do so at this time. However, it is acknowledged that each party may be in a position to provide medical insurance coverage, including dental, vision and orthodontic insurance, for the parties' son, Christopher, as it is available to them through their employment at a reasonable cost. The parties will take into consideration all circumstances relative to the health insurance that is available through each party, the cost of that insurance and the coverage of that insurance in determining which party should provide health insurance coverage for the child in the future. Each party shall cooperate relative to the preparation of any and all documents associated with securing insurance payments or insurance --Page 8 of 17-- reimbursement for coverage for Christopher. Further, any uninsured medical expense for Christopher shall be borne by each of the parties paying a percentage of the unreimbursed medical expenses based upon the parties' percentage of income, thus making payment on a pro rata basis. This obligation for the payment of uninsured medical expenses shall continue as long as health insurance coverage is available for Christopher pursuant to the terms of this Agreement 4.4 Husband acknowledges that he has secured and maintained adequate funds with which to provide him sufficient resources to provide for his comfort, maintenance and station of life to which he is accustom. Husbands hereby waives, relinquishes and gives up any and all right of any nature whatsoever that he has to alimony, alimony pendente lite, support, maintenance, or other such benefit from Wife and agrees not to institute any action at any time to secure such maintenance, support, alimony, alimony pendente lite, or other types of support from Wife in this or any other jurisdiction. Wife acknowledges that she has secured and maintained adequate funds with which to provide her sufficient resources to provide for her comfort, maintenance and station of life to which she is accustom. Wife hereby waives, relinquishes and gives up any and all right of any nature whatsoever that she has to alimony, alimony pendente lite, support, maintenance, or other such benefit from Husband and agrees not to institute any action at any time to secure such maintenance, support, alimony, alimony pendente lite, or other types of support from Husband in this or any other jurisdiction. 4.5 Except as specifically noted here, Husband and Wife specifically waive, release and give up any and all rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Office. --Page 9 of 17-- Q\~ . ARTICLE V DEBTS OF THE PARTIES 5.1 The parties are the joint obligors on various debts and also have secured certain debts in their name alone. -Husband shall be solely and exclusively responsible for repayment of any and all debt due 611 ~e Tellll66 eresit e!lfs that he maintains in his name alone. Wife shall to be solely and exclusively responsible for repayment on any and all debt due ell tfie ~kell ere sit ears that she maintains in her name alone. In. Mdltiafl., IIt135ana .,ftall 5~ [JeleI) Mla exeltl3i ~ &1) rt3~an3ib1e far the e53to3 t\.3388iates ..ith MaifttaiBiBg tfie fJsFties' 8811\118r flRSR8 liflaer tRe 88Htraet His! IIHaha8.8 aeeHres tv pol 6 y:d, the ~hene far him, fer V/ifs, aRe fer tRe fHwtie8' 88M, CkriBtsfH.er, 1:Iatil BlIsR tiSle as the contlaet efl~b 5) it3 Bnll termtJ. II1:iBBana ahalllikeniJt 58 f8Jl"6rlJiblG f~1 pA]J.J.J.""ul of tl.L'-' .:IUU.l vf S]J; .l....ly..l)yBRED T.l.T.r.rRTY .I.....LTVE ~tVD X'ft'}FJf) ($6]5.99) DOlf.~1Rg 8ti8 afla s.;;iag 18 Ria semisi, Dsuglas P. ~IaJ.~J..lul~, DDS, AHa ,,"1 6bllE,dtiOll i~~ dtG amel111t of OJ.VE .I.T.I.~~W>REB AJ.\YY 48/.1.188 ($.L188.48) .f)QlL1R8 dtle aRS e';:iflg te Ria ekirsfJraeter, CRRstS}1B.ef TURlfIaugk. }.INSeRRa sRaIl 88 F8BfJ8RBilll8 ' f61. yfi)lll..:.nt oftfl.&3e R.a ffieaieal ei113 aa ~rs.i868 8SISifl ..itfiifl aint) (69) aall] sf eJtetl:diell afthiJ J.\&-""111&1lt. Each party shall be solely and exclusively responsible for the repayment of the outstanding debts or obligations as accepted as pursuant to the terms set forth above in this paragraph of the parties' Agreement. Each party shall indemnifY the other party and hold them harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the outstanding financial obligations they assumed above. --Page lOaf 17-- 5.2 Each party represents to the other that, except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 5.1 above, there are no major outstanding obligations of the parties' that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, being Bradley L. Griffie, Esquire, for Wife and Jane Adams, Esquire for Husband. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Counsel Fees: Each party agrees to be responsible for hislher own counsel fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, costs and expenses. --Page 11 oj 17-- 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any paJ1 thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. --Page 12 of 17-- 6.4 Warranties. 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 party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, 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 is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement 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. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 13 of 17-- 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. 6.10 Severabilitv. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the 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 Divorce Code of the Commonwealth of Pennsylvania. --Page 14 of J 7-- 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter ofthis Agreement. 6.13 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching palty shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. --Page 15 of 17-- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: ~ ~ Date 0'1 jp/ /(13 Date --Page 16 of 17-- C!~ {) ~ CHARLENE A. WHITE //~J~ DARREN S. WHITE COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cl/l VV\. YX Vl0..v0- On this 1/fYJ day of (\ACt VU\r\ , ~efore me, the undersigned officer, personally appeared CHARLENE A. WHITE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ I Kan.! J LN~tarial Seal - - Carllale 8'or~ tanh Notary Public My Cornmlsslori E~pm erlancr County Ires Au&! 25, 2003 COMMONWEALTH OF PENNSYL VANIA COUNTY OF fiJ.- On this d day of lufn' ( d.OO:~ :2002, before me, the undersigned officer, personally appeared DARREN S. WHITE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 2(~ ~~;DrtF:~i:,L C-f:)}", JA.~E E.l'iD,;.\:,~.L [;~i~2:T P'4lJlic Car1isi& ~IOrc l Ct~1'IDSl-kiK~ C:'tiity My Com111i~~Oil 8i}1;.Th3 ~~{t~t. 0, 2tlM - -.~...."';.._, --Page 17 of 17-- (") r; L,i?ii rT<r"i ~~..tI "-;;>r" cr~ " :os ~~ ~" 0~.~) l.._ Z :;! a (~,) o 'T) ~":-f . .;1 f...:; -,rn ';r-"""\ 'j'" (') ; :, ., -:;',- )1"-6 ,.:.' :b -" , u.., ~, C.., '.:> DARREN S. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW CHARLENE A. WHITE, Defendant : NO. 02-4244 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on September 5, 2002, and served on September 14,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: S-!0f)~3 'f //k ,/ .' .z'~. t'h DARREN S. WHITE, Plaintiff (") f;: .~ ......,~ rIoi(~. c.,,"::. -;,._i ;'j;;.:f' f1,~f :S::'- -"> '--".{" .ce- $C c 3i "" C:> <-.v ,~:-::: :< I f'- P "I ...,-. :::; .-.:" i\j .. J (':::' .:1,.1,., ,-".::--' (}~ S:: ':i:J '"'" :.,., ''-' DARREN S. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW CHARLENE A. WHITE, Defendant : NO. 02-4244 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary . I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. DATE: C:;~J--q-03 P~~)~ DARREN S. WHITE, Plaintiff " 0 a ~ c w s:: "- .,..! "'0 tJ~l ~ mn' " ,.- Z:X' ;"n t5~~. (..., (:::; " 1 I. -<:.c: .:!\~ ~c .'1::) ~() :3', } ':-1] C) ~C\ r-n )>~' ~..) :j ~- -::'1 2: on :1:1- :;! :q f", -<. DARREN S. WHITE, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ; No. Od. -Y~~LJY Civil Term :ACTION IN DIVORCE CHARLENE A. WHITE, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S330\(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted deliverv. return receiot reauested. delivered on: September 14, 2002. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: 5/29/2003 By Defendant: 6/2/2003 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: 6/4/2003 Date Plaintiffs Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: 6/5/2003 Date: ~ I c;- , 03 Respectfully Submitted: <~ J e Adams, Esquire I. . No. 79465 6 S. Pitt Street Carlisle, Pa. ] 7013 (717) 245-8508 Attorney for Plaintiff ,. p ~ iRfP ~.--!,l ;:;;';.:1" C;j')-. -.- "". r->-" :&'C) ~C, ~C} ~. ~- fZ .S:, ~ ,,""- I (-- --- .~ -. ~ J) ..".. fi? ",/~;_-, Jij ; ),"7/ ':~1 . ".~ -1..) "" . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY . . STATE OF PENNA. Darren S. White, Plaintiff If.;J. vii No. 02 - ~ Civil Term . . No. . . VERSUS . Charlene A. White, Defendant . . DECREE IN DIVORCE AND NOW, 'fu..- ll, Z4D J , IT IS ORDERED AND . . Darren S. White DECREED THAT . PLAINTIFF, . Charlene A. White AND , 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; . . None; The property settlement agreement executed on April 2, 2003 . And filed June 5, is incorporated but not merged into this Decree. . . J. . By THE COURT: Am'6~ - PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~jk-) ~ /"~/ ~~~tL, []?'~9 ~7 ~) ~/"~~., ~7 F'O,~ 0/ ,. \, ~, II CHARLENE A. WHITE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY PENNSYLVANIA vs. DARREN S. WHITE, Defendant/Respondent CIVIL ACTION NO .)-..0 (j 1.. - 7"',2,. Y'-/ DIVORCE / MOTION FOR CONTEMPT AND ENFORCEMENT AND NOW comes Charlene A. White, by and through her attorneys, issinger & Dissinger, and requests that the Court find Darren S. in contempt of Court, and enforce the provision of the Separation and Property Settlement Agreement requiring his contribution toward the college education of the parties' son, and ward petitioner counsel fees and in support of this motion avers s follows: 1. Petitioner is Charlene A. White, who resides at4143 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania. Respondent is Darren S. White, who resides at 299 Mackintosh Drive, Glen Burnie, Maryland. The parties are the parents of a son, Christopher Scott White, born February 17, 1987. The parties were divorced by the Cumberland County Court. The parties' Separation and Property Settlement Agreement dated April 1, 2003, was incorporated but not merged into that decree of divorce. II 6. The Separation and Property Settlement Agreement provides in paragraph 4.2, that "... they shall each be responsible for one-half (%) of the costs of tuition, room, board, books, supplies, and other associated expenses for Christopher's college education that are not otherwise covered by grants, loans, or scholarships. This obligation shall continue by each party until such time as Christopher graduates from college or reaches the age of 23 years." (A copy of the Agreement is attached as Exhibit "A"). The son of the parties, Christopher S. White, was accepted and has attended Bradley Academy for the Visual Arts for the Animation-Associate course of instruction and received significant government grants and student loans (See Attached Exhibi t "B"). Christopher White has received an Enrollment Agreement from Bradley Academy indicating the total program tuition cost to him for full time attendance (See statement attached as Exhibi t "C"). The child is motivated to do well in school and has undertaken steps to reduce the cost of his education. O. Christopher White maintains a 3.99 grade point average at Bradley Academy and has received the Project of the Quarter Award for four (4) of the five (5) quarters that he has been enrolled in. II 11. Christopher White intends to graduate from Bradley Academy in December 2006 with a Associates Degree in visual Arts and Animation. 12 . Christopher White is applying for acceptance to the Art Institute of Fort Lauderdale, Florida, and upon graduation from Bradley Academy he plans to attend the Art Institute of Fort Lauderdale to complete their program for his Bachelor's of Science Degree. 13. The child is scholarships, tuition costs. in the process of applying for multiple grants, loans and awards to assist in his 14. Respondent has not contributed the full amount of college support as agreed in the Separation and Property Settlement Agreement of April 1, 2003 for the cost of the college education for Christopher, nor has he fulfilled his full child support obligation. 15. Defendant/Respondent has been reducing the amount of support deposited into an account delegated for Christopher S. Whites' benefit for the past several months. Currently Defendant/Respondent is in arrears in excess of $1,000.00 and refuses to communicate with Plaintiff/Petitioner or the parties' son as to the reasons why. 6. Respondent has the ability to contribute to those expenses as he is gainfully employed as a Computer Programming Consultant at pointe Technology in Maryland, which is contracted under II Lockheed Martin Corporation. 17. During the parties' marriage in 2001, Defendant/Respondent was grossing $85,000.00 annually in his field as a Computer Programming Consultant. 18. Plaintiff/Petitioner has attempted to contact Defendant/Respondent on several different occasions in an effort to gain his compliance for the parties' son's benefit to no avail. 19. Given Respondent's ability to pay for college education, his refusal to communicate and provide for the parties' son as agreed, is unreasonable and he is in violation of the Separation and Property Settlement Agreement and the Divorce Decree. o. The Agreement provides in paragraph 6.13, that in the event of breech, "the breaching (sic) party shall be responsible for any and all attorneys fees as well as costs and expenses associated with litigation incurred by the non-breaching (sic) party to enforce this Agreement against the breaching (sic) party. " . 1. petitioner believes that Respondent is capable of paying one half of the costs of the education, as stated in the Separation and Property Settlement Agreement, that are not covered by awards, grants, and loans. Wherefore, petitioner requests that Respondent be directed to pay one half (%) of the college tuition not covered by grants, scholarships, loans or award, for the both Bradley Academy and the Art Institute of Fort Lauderdale Florida or whichever college or facility Christopher S. White determines to attend to obtain his Bachelor of Science Degree. Petitioner also requests the Court to direct Respondent to pay all legal fees, cost and expenses incurred by petitioner to gain Respondent's compliance with the Separation and Property Settlement Agreement. Respectfully Submitted, DISSINGER & DISSINGER ? ticS~ .. ar~ Etter Dissinger, quire Attorney for Petitioner Supreme Court #27736 28 North 32~ Street Camp Hill, PA 17011 (717) 975-2840 VER:IF:ICAT:J:ON I, Charlene A. White, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~a Charlene A. White Plaintiff/Petitioner .+++.+.++'+. +++.++++ +.++~+~ ..~.~++.+.+~+. +++. .... +.+.+.~+..+'+.+++++++ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY DARREN S. WHITE PENNA. STATE OF Plaintiff No. 2002-4244 CIVIL TERM VERSUS CHARLENE A. WHITE Defendant DECREE IN DIVORCE 2003 AND NOW JUNE 16 , , IT IS ORDERED AND DECREED THAT DARREN S. WHITE , PLAI NTI FF, AND CHARLENE A. WHITE , DEFEN DANT, 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; None; The property settlement aqreement executed on April 2, 2003 and filed June 5, is incorporated but not merged into this Decree. By THE COURT: Kevin A. Hess ATTEST: c?~~' .1 . . - P HONOTARY Certified Copy Issued: SEPTEMBER 20, 2 iO ~ + +. .p ... .p +. .. - .. ... ~ .... .... +' EXHIBIT +. . .... ... .. + +: ... .. ... .. ... - +-' ... · +' ... ~. .. ... .. .... ... ... .... .. ....... I II All J. \ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this day of 2003, by and between CHARLENE A. WHITE, of 4143 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND DARREN S. WHITE, whose mailing address is c/o Luzminda Mitchell, 8346 Waterrnill Drive, I Millersville, Maryland, party of the second part, hereinafter referred to as "Husband," WITI~ESSETH: WHEREAS, Husband and Wife were married on July 23, 1983, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, the parties are the natural parents of one child, namely, Christopher Scott White, born February 17, 1987; and WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and YVHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and VVHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; ,and --Page 1 of 17-- '~ WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept , promises set forth hereinafter and for other good and valuable consideration, and intending to be -~ - legally bound and to legally bind their heirs, successors, ':assigns, and personal representatives, do , hereby covenant, promise and agree ~s follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing',provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action --Page 2 oj 17-- '-----" for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from .commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the Qther party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband , and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of indJlcing Husband and Wife to execute the \ Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that thlS Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and sh.all be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. --Page 3 of 17-- ') ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prlor marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, 'training or increased earning power to the other party; the opportunity of each party for future acquisition 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 part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor childfen. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. --Page 4 of J 7-- ------- ~\ ..'----.... . 3.3 Personal PrODertv. The parties acknowledge that they have divided their personal property ~ tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal , , property or assets that are in the other party's possession. 3.4 Life Insurance. The parties acknowledge that they each have a life insurance policy on their life through Liberty Mutual Life Insurance Company. \Vife shall retain ownership of the life insurance j policy on her life. It is further asl319",l/ledged that Hlas13aml has traBsferrod oV;fler3hip ef mJ life iu~u~bl!.GG policy to "Tife. Wife shall be responsible to pay the monthly premium on 'vvth IIu~~lu~d' ~ -mtd Wife's life insurance policies from this time forward. Wife shall have the right to borrow against, Ih r l"Vn cash in policies, change beneficiaries and exercise any other incidents of ownership of .~J" t\. G ~j.cf . f'Gllicies, free of any right or claim by Husband. Husband shall sign any documents necessary to \ J waive, relinquish, or transfer any such poli~ies to Wife who shall then retain ownership. 3.5 SubseQuently ACQuired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties have resolved the issue of ownership and responsibility for the outstanding mortgage on the property at 4143 Mountain View Road, Mechanicsburg, Cumberland --Page 5 of 17-- ~ ) ,---..., County, Pennsylvania, through their bankniptcy proceedings previously filed in this matter and which will be concluded subsequent to the' signing of the within Agreement. It is not intended that there be any disposition herein of the real estate or the mortgage on the real estate beyond the manner in which these issues were resolved through the bankruptcy proceedings. 3.7 , , Pension, Retirement, Profit-Sharin~. Wife hereby waives, relinquishes or transfers any and all right title and interest she has in her individual capacity or as Husband's Wife in any and all y,'l,-I ft:ol/Ttl . pension(\retirement funds, profit sharing, stock options or similar accounts with Husband's present or past employers or which Husband has secured independently. Husband hereby waives, relinquishes or transfers any and all right, title or interest he has in his individual capacity or as Wife's Husband in any and all pension, retirement funds, profit sharing, stock options or similar accounts with Wife's present or past employer or which Wife has secured independently. This includes, but is not limited to, Wife's retirement account that she has accrued through her employment with the Pennsylvania Housing Finance Agency (PHF A). 3.8 Vehicles. The parties acknowledge that they are the joint owners of a 1996 Jeep Cherokee which is encumbered with a loan due and owing to M&T Bank and Trust Company. Husband hereby waives, relinquishes, and transfers any and all right, title and interest in the aforesaid 1996 Jeep Cherokee and shall execute the title to the vehicle and any other documents necessary to transfer the sole and exclusive ownership of said vehicle to Wife within fifteen (15) days of being presented with the title, a Limited Power of Attorney, or other documents to so transfer his interest. Wife shall be solely and exclusively responsible for repayment of the debt to M&T Bank and Trust Company and --Page 6 of 17-- ~ shall indemnify Husband and hold hi'm harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to said loan. The parties shall equally share in the costs of car insurance or automobile insurance for their son, Christopher, from the time he secures his driver's license and is obligated to be insured until he completes his college education or reaches the age of twenty-three (23) years, which ever occurs first. , . , It is understood that, at least initially, Christopher shall be carried on Wife's automobile insurance policy, such that Wife shall provide Husband with a statem~nt reflecting the cost of the automobile insurance coverage for Christopher, after which Husband shall, within fifteen (15) days, compensate Wife for one half of those costs of Christopher's automobile insurance. 3.9 Intaneible Personal Pro/Jertv. The parties acknowledge that they have previously transferred or waived rights or otherwise transferred their ownership interest in all intangible personal property such that all the intangible personal property that presently exists including their various bank accounts, credit union accounts and the like have already been distributed to their mutual satisfaction. Neither party will make any claim of any ~ature whatsoever against the other relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. ARTICLE IV ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, CHILD SUPPORT AND MAINTENANCE 4.1 Child Support. Husband shall pay to Wife a sum equal to twenty-five (25%) percent of the net income, that being income net of taxes only as child support for the parties' son, Christopher. It is acknowledge that at the time of execution of this Agreement by the parties, this obligates Husband to --Page 7 of 17-- --\ I pay the sum of FOUR HUNDRED FOUR AND XXI] 00 ($404.00) DOLLARS in support on a monthly basis based upon his receipt of unemployment compensation benefits. It is understood that this portion of the Agreement may be changed based upon a material change of the parties' circumstances. Payments shall be made by the tenth (1oth) day of each month. Husband"s payment shall be made at least in monthly installments. In the event, however, Husband is employed and receives pay weekly or , , bi-weekly, he may make payments of child support in these same intervals ifhe so chooses. 4.2 Colleee SUDvort. The parties acknowledge that it is there desire and intention to assist their son, Christopher, in pursuing a post-secondary education if that is his desire. In that regard, the parties stipulate and agree that they shall each be responsible for one-half (Y2) of the costs of tuition, room, board, books, supplies, and other associated expenses for Christopher's college education that are not otherwise covered by grants, loans, or scholarships. This obligation shall continue by each party until such time as Christopher graduates from college or reaches the age of23 years. 4.3 Health InsuranceIMedical Bills. ,At the time of execution of this Agreement, Wife carries medical insurance on the parties' son, Christopher, and she will continue to do so at this time. However, it is acknowledged that each party may be in a position to provide medical insurance coverage, including dental, vision and orthodontic insurance, for the parties' son, Christopher, as it is available to them through their employment at a reasonable cost. The parties will take into consideration all circumstances relative to the health insurance that is available through each party, the cost of that insurance and the coverage of that insurance in determining which party should provide health insurance coverage for the child in the future. Each party shall cooperate relative to the preparation of any and all documents associated with securing insurance payments or insurance --Page 8 of 17-- '~ reimbursement for coverage for Christopher. Further, any uninsured medical expense for Christopher shall be borne by each of the parties paying a percentage of the unreimbursed medical expenses based upon the parties' percentage of income, thus making payment on a pro rata basis. This obligation for the payment of uninsured medical expenses shall continue as long as health insurance coverage is available for Christopher pursuant to the terms of this Agreement. , 4.4 Husband acknowledges that he has secured and maintained adequate funds with which to 1 provide him sufficient resources to provide for his comfort, maintenance and station of life to which he is accustom. Husbands hereby waives, relinquishes and gives up any and all right of any nature whatsoever that he has to alimony, alimony pendente lite, support, maintenance, or other such benefit from Wife and agrees not to institute any action at any time to secure such maintenance, support, alimony, alimony pendente lite, or other types of support from Wife in this or any other jurisdiction. Wife acknowledges that she has secured and maintained adequate funds with which to provide her sufficient resources to provide for her comfort, maintenance and station of life to which she is accustom. Wife hereby waives, relinquis1?-es and gives up any and all right of any nature whatsoever that she has to alimony, alimony pendente lite, support, maintenance, or other such benefit from Husband and agrees not to institute any action at any time to secure such maintenance, support, alimony, alimony pendente lite, or other types of support from Husband in this or any other jurisdiction. 4.5 Except as specifically noted here, Husband and Wife specifically waive, release and give up any and all rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Office. --Page 9 of 17-- .'-....". ARTICLE V . DEBTS OF THE PARTIES 5.1 The parties are the joint obligors on various debts and also have secured certain debts in their name alone. -Husband shall be solely and exclusively responsible for repayment of any and all debt due OR the Tem:lS8 eredit sani that he maintainS: in his name alone. Wife shall to be solely and exclusively responsible for repayment on any and all debt due 8a thB Skell ereait eard that she t? maintains in her name alone. In addition, IItl3bfl.l'ia 3hall bE' 361dy ana. e)tch:lJi. d) n3pen3ible fer the e63tJ fl.3,jaeiatea witfl maiRtaiaiBg tHe parties' eellular flheaB liReer the eeBtFaet that Hl:ls13aaa see\:lrea tv 1-'LO v ~dG the ph6n~ f5f fiiffi, fer "Hire, aRa for tae 13arties' S0Fl, Christ9flB.er, l:lRtil E:ll-ch time ;:lE: thi Golltffl.et cl'ids by it:; 6Wl'l terms. IIu36B.fia shall like .;iJC bE feJpeHuibk fOl pill lUGut of tl.LG SU.LU vf S;X ;;[/l{D.L"\LD TIJJRTY .I.r:'JVE ~t\'D XX/199 ($635.99) DOLL.fRE Elue aRa S";;iRg t6 kis al6Htist, Del::lglas P. !.1,u~J..La1.., DDS, and an obligation. in thc an.l.otmt of O}lE ::r./X'DR:ED A]fD 4e/,'ee ($}ee.4G) DOLL~1RS al:ie aHa S'.viRg t6 his skir0prast0r, ChristGfJBer Tl:ll1ilfHll:lgB.. guseaRa shall 8e resfJsndble, rol yli) lllcnt of tile3e h.6 fflEelieal bilh as f3f6vided fiereiR 'l,'itfii:a sixty (60) flays ef eXEeutiel'l ef this }..g,l "c:.mcnt. Each party shall be solely and exclusively responsible for the repayment of the outstanding debts or obligations as accepted as pursuant to the terms set forth above in this paragraph of the parties' Agreement. Each party shall indemnify the other party and hold them harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the outstanding financial obligations they assumed above. --Page 10 of 17-- "\, 5.2 Each party represents to the other that, except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 5.1 above, there are no major outstanding obligations of the parties' that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other , for all obligations separately incurred or assumed under this Agreement. ARTICLE VI \ MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, being Bradley L. Griffie, Esquire, for Wife and Jane Adams, Esquire for Husband. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Counsel Fees: Each party agrees to be responsible for hislher own counsel fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, costs and expenses. --Page 11 of 17-- '~ 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the Qther and the estate of such other, for all times to come and for all ptnposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such , , other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or aQ.y part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. --Page 12 of 17-- :---,. ) ~, 6.4 Warranties. Each party rep"resents'-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 party harmless from and against any and all such debts, liabilities or obligations of every kind, , , including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each, will, now and at all times hereafter, save harmless and keep the other indemni~ed from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specificaliy provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which th.e estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement 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. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation oftrus Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 13 of 17-- -'. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of PeIlllsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. 6.10 Severabilitv. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the 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 Divorce Code of the Commonwealth of Pennsylvania. --Page 14 of 17-- ~ ---... . 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. , , 6.13 Enforceabilitv and Consideration. This Agreement shaH survive any action for divorce and decree of divorce and shall forever be binding :and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal actio,n that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enfor{;ement of this Agreement. --Page 15 of 17-- :---., '\ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: (~ .. ,--"'" ~ C4JL () (14 Date CHARLENE A. WHITE ~L11A Otl/ /~I /C' 3 Date d~ ..-I/~ DARREN S. WHITE --Page 16 of 17-- '-~ ~, 5/14/2005 Christopher White 4143 Mountain View Road Mechanicsburg PA 17055- 166-70-0286 Dear Christopher, Congratulations! We are pleased to inform you that based upon the information you provided, we have estimated your eligibility for federal student aid. Your award package is based upon the assumption of full-time enrollment. Awards may be recalculated if you are not enrolled full-time. Your estimated financial aid awards appear below. . \ 200507QF \ '200510QF \ 200601QF , r ---------.----' -I-~-----' -~----'--.--r----'- ----, \ Federal Pell Grant $467.00 I $467.00 I $466.00 I \ Federal Subsidized Stafford Loa $875.00 T $875.00 $875.00 i ! I Federal Unsubsidized Stafford l $1,333.00 $1,333.00 $1,334.00 PA State PHEAA Grant I $550.00 $1,168.00 $1,168.00 Student Cash Payment In Schoo $1,140.33 $1,140.33 $1,140.34 Student Education Assistance Fl $300.00 $300.00 $300.00 Total $4,665.33 $5,283.33 $5,283.34 The gross amounts of loan funds are shown. Loan proceeds may be reduced by the amount of fees charged by the lender and/or guarantor. There may be additional documents or information that you will need to submit before your financial aid can be finalized. These, if any, are listed below: FA - 0506 Dependent Verification V:Vorksheet FA - 2004 Signed Parent Tax Return FA - 2004 Signed Student Tax Return FA - Award Letter FA - Stafford Loan Entrance Rights/Responsibilitie Page 1 of 2 i f~ PHE<< --.... Penns ania Higher Education Assistanct ~ency uoo No;.th Seventh Street. lIarrisburg, Penl/sy[~'al/ia /7102-U44 - - Chris~opher S. White 4143 Moun~ain View Road Mechanicsburg PA 17050-7626 SS# 166-70-0286 (018241) 2005-06 ELIGIBILITY STATUS: Assured Conditional $ 1166 Academy $ 116"6 Academy $ 1086 Academy ;;;;;;;;;;;;;;; ==== ,..- ,..- 0-_ ~- 0_ "'= -;;;;;;;;;;;;;;; == -- -- ~ 'eating Access to Education April 29 ~ 2005 Fall: Bradley Winter: Bradley Spring: Bradley or $ 1168 Dear Studen~: IMPORTANT NOTE: You are eligible for a 2005-06 State Grant based on the information that you submi~ted and conting~nt upon certifica~ion by your school that you comply wi~h all state Grant eligibility require- ments explained in the pages o-f ~he no~ice entitled "2005-06 Academic Year State Grant Program". Refer to ~he information printed under "Eligibility Status" above and no~e that "Assured" (based on PHEAA's current funding) and "Conditional" (based on an assumed fundirtg level} award amounts have been provided for ~he Spring term. This is necessary since ~he 2005-06 State Grant Program ~unding level nas not yet been determined. You will be notified only if the Spring ~erm award is not approved at the conditional amoun~. The pages of this notice en~itled "2005-06 Academic Year State Grant Program" explain hOH your State Grant eligibility was determined, your responsibilities in accep~ing this grant, and how to request re- consideration and submit corrections. Read these pages carefully. and keep them ~or future reference since you must comply with all require- ments. YOU SHOULD ALSO KNOW THAT ...... . ....You must carefully review all information used in determining your State Grant status on the enclosed information pages. This information must be shared with all persons whose information was provided on ~he original acolication. t~ thg ~nf~rma~ion is not c~rr~~t, y~u mu~t con- tact PHEAA immediately. In the absence of corrections, all agree ~hat the information contained in ~his notice is true and correct to the best of your knowledge, information and belief. You should be aware that PHEAA will verify data throughou~ the academic year and may reques~ verification of the information contained on your application. ... ..Due to the allowances provided, ~he personal assets listed on the information page have been disregarded in determining your State Grant eligibility. . ....You are ineligible for S~a~e Gran~ aid if you are enrolled on a less than half-time basis, are currently incarcerated or are in de~ault on an educational loan (refer ~o "2005-06 Academic Year State Grant Program" information). ... ..PHEAA also offers low-cos~ loans and a variety of programs and services to assist students in paying -for their educational expenses. Visit www.pheaa.org on the internet, contact your financial aid adminis- ~rator or call PHEAA at 1-800-692-7392 for more information. 1 OF 4 0/01 (Continued on next page) F075977 P531835 l1 ~ ~- , \ Pennsylvania Higher Education Assistance Agency state Grant and Special Programs 1200 Nori:h Seventh Street Harrisburg, Pennsylvania 17102-1444 Oiiiiiiiiiii; --= - --= istopher S. White 166-70-0286 FILE ** T014279 ~ - - JR 2005-06 STATE GRANT ELIGIBILITY IS: Fall Winter Spring ~RD STATUS $ 1166 $ 1166 $ 1086 (Assured) $ 1168 (Conditional) _LEGE Maximum Grant Bradley Academy York, Pa Fu 11- Time Commu ter ;:mima -t ion Maximum Grant Bradley Academy Yo~k, Pa Full-Time Commuter Animation Bradley Academy York, Pa Full-Time Commut#9r L\n imcc t ion ~OLLMENT STATUS USING :IGRA~" OF STUDY ovide Enrollment change(s): (or submit on-1ine via PHEAA8S website at WWW.PHEAA.ORG) Fall, Change ( 5) Winter Change(s) SpriGg Change(s) LLEGE NAME CITY, STATE ROLLMENT STATUS IUSING :OGRAM OF STUDY ~D ENCLOSED "APPLICANT'S RIGHTS, RESPONSIBILITIES, AND OTHER IMPORTANT INFORMATION" Correct Below I-F Necessary and lrent (s) and Student Data Used Return to PHEAA )04 Parental IRS Adjusted Gross Income ...................... $ .00 )04 Family Untaxed Income (includes tax-de~erred income, as well as student's untaxed income o~ $ 0) $ o LIST BELOW Less Parental Horking Allowance ...... ~... ... ..... ... ....... $ PHEAA USE Less Reduction for College Enrollment oT Other Dependents .. $ Other Dependents Enrolled in College Level Programs .... .... o 00 PHEAA USE Parent(s)' Business/Farm Net Horth ...... ........... $ o Addition to Income From Business/Investment Farm Net Wo~th $ arental Income After Adjustments ........ _ . . . . . . . . . . . . . . . . . .. $ umber of Dependent(s) Other Than Parents _ ......... .......... n LIST BELOH PHEAA USE PHEAA USE 01 (continued on next page) 3 OF 4 RETAIN THIS NOTICE UNLESS SUBMITTING A CORRECTION. IF YOU SUBMIT A CORRECTION THE NEXT PAGE MUST BE SIGNED. F075977 P531837 I '7, ,. ~ ~ -.... Pennsylvania Higher Education Assistance Agency state Grant and Special Programs 1200 Nor't:h Seventh Street Harrisburg, Pennsylvania 17102-1444 ; top her S. Wh i 1:e .66-70-0286 FILE ** T014279 ,t(s) and Student Data Used (Must Be Based on Application Date) Correct Below If Necessary and Return to PHEAA ,t(s)' Personal Assets lance of Cash, Savings, and Checking Accounts ....... ..... $ 5 o .00 les1:men1: Net Worth .......................... \ . . . . . . . . . . . .. $ .00 , 3S Pennsylvania Tuition Account Program (TAP) Exclusion .. $ ant's Personal Assets lance of Cash, Savings, and Checking Accounts. ...... ..... $ o 1 .00 .00 ves1:ment Net Wor1:h ................................. 10 . . . .. $ o .00 5S Pennsylvania Tuition Account Program (TAP) Exclusion.. $ o .00 5iness/lnvestment Farm Net Harth....... . . ................ $ o .00 PHEAA Adjustments to Assets ............................. $ 6 PHEAA USE ts After PHEAA Adjustments ............................... $ o PHEAA USE R INFORMATION er's SSN/Employmen1: S1:atus . ....... ......... l73-40-8885/Employed / nt(s)' Marital Status ........................... Separated/Oivorced No1: Attending School, Student Resides Hith ..... Mother lent's Veteran Sta1:us ..................................... No 'en1:' s High School Grad Year ..........,'................... 2005 lent's Prior Year Gran't:s .... ....... ....... .......... ...... 0.00 year(s) .. PHEAA USE RETAIN THIS NOTICE UNLESS SUBMITTING A CORRECTION. IF YOU SUBMIT A CORRECTION, THIS PAGE MUST BE SIGNED AND BOTH PAGES RETURNED TO PHEAA STATE GRANT AND SPECIAL PROGRAMS. ,derstand the pena1~y ~or submit~ing fraudulent in~ormation on this form may be repayment of ]le any amount of money received plus a fine and/or imprison_ent. If corrections are made, ; form must be signed. jent's Signature jent's E-Mail Address ~nt's Signature Date Date 4 OF 4 RETAIN THIS NOTICE UNLESS SUBMITTING A CORRECTION. F075977 P531838 I C'-, I...' i , ----... ~ Bradley Academy ~ for the Visual Arts 'Ie of The Art Institutes. Americas LeaJn. in Creatille Education ENROLLMENT AGREEMENT BRADLEY ACADEMY FOR THE VISUAL ARiS 1. Christopher White SSN: 166-70-0286. accept the terms of enrollment at BRADLEY ACADEMY FOR THE VISUAL ARTS, as described in this Enrollment Agreement and the School Catalog, for the Animation - Associate course;: of instruction: The Progr!lm start date is: October 4, 2004 _ JarB1ary to, 2005 _ April 4. 2005 _ July 11,2005 _X_ Each course of instruction is comprised of six. (6) eleven (11) week terms (66 weeks) and 72 credit hours. Graphic Design. Interior Design, Web Design, Digital Design and Animation students earn an Associate of Specialized Technology degree. Fashion Marketing students earn an Associate of Specialized Business degree. Classes are held Monday through Thursday 8am to lOpm and Friday 8am to 5pm. COST: Application Fee: $50 Tuition Deposit: $150 Tuition: The tuition rate for students who begin classes under the terfllS of this agreement is $390 per credit hour. For full time students this is $4680 per term; total program tuition is $28.080. Tuition for individual courses is billed by the credit. This rate is fixed for the length of the program for continuously enrolled students. Students who disrupt their studies and re-enroll will be charged at the rate in effect for starting students at the time of re-entry. Books and Supplies: APPROXIMATE COST of initial tex.ts, basic equipment, and materials: Web Design -$825, Graphic Design - $828. Fashion Marketing - $500, Interior Design - $898. Digital Design - $825, Animation - $825. Cost of consumable supplies is approldmately $25-40 per week. Additional textbooks and equipment will be required in subsequent terms. All students in Animation, Graphic Design, Digital Design, Web Design and Interior Design will be required to have a laptop computer. The specifications and costs for the laptop computer vary by program, and can be obtained from the Information Services Department. There is a $50 late registration fee for continuing students who do not register for their nex.t term during the appropriate registration week. There is a $20 charge for graduation cap and gown. There are no other costs. TERMS OF PAYMENT: Tuition is charged by the term. Students are not obligated for future terms. Payment for tuition. net of confirmed third party payments, is due in full prior to the start of each term. Tuition financing at prevailing interest rate may be available through an outside company. Students with delinquent accounts will not be allowed to start subsequent terms. A transcript of grades will not be released until all financial matters have been satisfactorily completed. CANCELLA TION . TERMINATION. REFUND: Applicants may cancel their enrollment in writing or in person at any time. The application fee ($50) will, be refunded in full if the applicant requests cancellation within five (5) calendar days of ~pplication or first visi~ing the School, whichever comes last. The tuition deposit ($150) is refunded if the applicant does not start classes. Bradley Academy's institutional policy is consistent with State, Federal and Accrediting Commission requirements. Students who withdraw after the beginning of a term are responsible for tuition earned by the School, based on the schedule below: Amount of term completed During the first week of term After first week and through 25% of term (weeks 2-3) Over 25% through 50% of term (weeks 4-6) Over 50% through 100% of term (weeks 7 -11) Tuition Obligation for term 10% due 45% due 70% due full tuition due The last date of attendance is used to determine earned tuition. Attendance for any portion of a week is considered a full week for refund calculation purposes. The student is responsible for notifying the School of withdrawal. Refunds are made within thirty (30) days from the last week of attendance, or thirty (30) days from date of notification. or thirty (30) days from determination of withdrawal by the School. whichever comes last. Determination of withdrawal will be within thirty (30) days of last week of attendance. The refund policy applies to students who voluntarily withdraw or are terminated by the School for failure to satisfy the School's standards of academic progress. conduct, or financial obligation. EXHIBIT 1409 Williams Road. York, PA · 17402-9012 · 717.75~ I :I "e" 717.840.9305 . www.bradleyacademy.edu ~\ ! -\ &J! Bradley Academy , . :""U for the Visual Arts :~ ofTh~ Art lnstittlur, America's Lead~r in Creati,,~ Education Page 2 of 3 RETURN Of fEDERAL FUNDS Refunds are allocated to financial sources in accordance with Federal Department of Education regulations. Rcoulations require refunds for students. who receive Federal grants and/OI' loans and withdrew during a term to be re(~rned to the government. In many cases, this results in additional financial obligation for the student. Refunded tuition dollars are allocated in the following order: 1) Unsubsidized Feder-al Stafford Loan ftmds 2) Subsidized Federal Stafford Loan funds 3) Federal PLUS Loan funds 4) Federal Pell Grant funds 5} Federal SEOG Grant funds 6) PHEAA Grant funds 7) Private or Institutional Aid 8) Cash payments made by student Or parents. A percentage of Federal Title IV Aid will be returned if the student withdr.aws during the firSl60% of the term. The amount returned will be based on the percentage of days remaining in the quarter. The School will determine the calendar days completed in the quarter divided by the total number of calendar days in the quarter. If the amount is less than or equal to 60%, then that percent of the Federal Title IV Aid received is the amount that can be retained. The difference will be returned to the Federal Title IV Aid~rogram from fund~ where received in this order: Unsubsidized Stafford Loan, Subsidized Stafford Loan, PLUS Loan, Pell Grant, SEOG. If Federal Title IV Aid funds have been given to the student, and if the student withdraws during the first 60% of the quarter/semester, the student may need to return some of those funds. ~f tbe student needs to cetum funds, the School will notify the student regarding how much is owed, and how it is to be returned. MISCELLANEOUS PROVISIONS Bradley Academy adheres to the Civil Rights act of 1964 and Tit!e IX of the Educational Amendments of 1972, other State and Federal laws and does not discriminate on the basis of raoe, creed, color, sex" gender, age, physical disability, national origin, ethnic background, or sexual orientation in its admission to, or in the administration of its educational policies, admissions policies, scholarship and loan programs. and other school-administered programs. The School reserves the right to adjust tuition or fees within the scope of the rules and regulations of the Pennsylvania State Board of Private Licensed Schools whose regulations govern the School's operation. The changes will take place at the beginning of the term with at least sixty (60) days notice. The School may, at any time at its sole discretion, vary the sequence of courses and revise curriculum content. The School also reserves the right to reproduce student artwork in its promotional materials. Bradley Academy reserves the right to terminate a student at any time for unsatisfactory progress, non-payment of tuition, failure to comply with School rules and regulations~ or conduct deemed unsatisfactory. Questions or concerns regarding the School's satisfying the terms of this Agreement should be addressed to the Director. Once the Director has been notified, these questions/concerns may be brought to the attention of the State Board of Private Licensed Schools, Pennsylvania Department of Education, 333 Market Street, Harrisburg, PA 17126-0333. Any controversy, claim or dispute concerning questions of fact, policy or law arising out of this Agreement which is not disposed by agreement of the School and student shall be senled by arbitration in the City of York, in accordance with the rules of the American Arbitration Association. The judgment rendered by the arbitrator shall be final unless determined by a court of competent jurisdiction to have been fraudulent. capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. WAIVER OF LIABILITY: The student understands that Bradley Academy is not responsible for any personal injury or property damage resulting from all approved School activities whether on School premises or not. The student waives all rights to bring claim or lawsuit for personal injury or property damage resulting from all approved School activities whether on School property or not. Bradley Academy does not guarantee employment. The transfer of academic credits to other institutions is entirely up to the receiving institution. Bradley Academy does not imply, promise, or guarantee transferability of credits to any other institution. ARBITRA TION You and Bradley Academy agree that any dispute or claim between you and Bradley Academy (or any company affiliated with Bradley Academy, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this enrollment agreement or, absent such agreement, your enrollment or attendance at Bradley Academy, whether such dispute arises before, during, or after your attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at your or Bradley Academy's election, submitted to and resolved by individual bindina arbitration p'ursuant to the terms described herein. 1409 Williams Roa(f'. York. PA . 17402-9012 . 717.755.2300 or 1.800.864.7725 . Fax 717.840.9305 . www.bradleyacademy.edu r, ,-\ , " Bradley Academy V for the Visual Arts . ofTh, Art /nstituus, Am,ricas UaMr in Cr,ati,,, Ea.eation Page 3 of3 If you decide to initiate arbitration. you may select either, JAMS or the National Arbitration Forum ("N Apt') to serve as tbe arbitration administrator pursuant to its rules of procedure. If Bradley Academy intends to initiate arbitration, it will notify you in writing by regular mail at your latest address on file with Bradley Academy, and you will have 20 days from the date 'of the letter to select one of these organizalions as the administratOl'. If you fail to select an administrator within that 20-day period, Bradley Academy will select one. Bradley Academy agrees that it will not elect to arbitrab: any individual claim of less than $5,000 that you brino in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that c claim is transferred or appealed to a different court, however, or if your claim exceeds $5,000, Bradley Academy reserves the right to elect arbitration and, if it does so, you agree that the matter wiD be resolved by binding arbitration pursuant to the terms of this Section. IF EITHER YOU OR BRADLEY ACADElv1Y CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (OTHER THAN IN SMALL CLAIMS OR SIMILAR COt.raT, AS SET FORTH IN THE PRECEDING PARAGRAPH, OR IN AN ACTION TO ENFORCE THE ARBITRATOR'S AWARD). FURTHER, YOU Wll...L NOT HAVE THE RIGHT TO PARTICIP ATE AS A REPRESENT A TIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERT AlNING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR AiP WOULD HAVE IN COURT ALSO MAY NOT BE A V AILABLE IN ARBITRATION. The arbitrator shall have no authority to arbitrate claims on a class action basis, and claims brought by or against you may not be joined or consolidated with claims brought by or against any other person. Any arbitration hearing shall take place in the federal judicial district in which you reside. Upon your written request, Bradley Academy will pay the filing fees charged by the arbitration administrator, up to a maximum of $3,500. per claim. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law or this Agreement gives a right to recover any of those fees from the other party. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurted by the other party (including arbitration administration fees, arbitrators' fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The Federal Arbitration Act ("FAA"), 9 U.S.C. ~~ 1. et seq., shall govern this arbitration provision. This arbitration provision shall survive the termination of your relationship with Bradley Academy. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: JAMS, 45 Broadway, 28th Floor, New York, NY, 10006, ww\.\:.iamsadr.com, 800-352-5267~ National Arbitration Forum, P.O. Box 50191. Minneapolis, MN, 55405. www.arb-forum.com. 800-474-2371. The Catalog constitutes an addendum to this Agreement and its terms are incorporated herein. The undersigned has received and read a copy of this Agreement and the School Catalog. The terms and conditions of this Agreement are not subject to amendment or modification by oral agreement. If the student is not of legal age, this Agreement must be signed by a parent or guardian. By signing this Agreement both the enrollee and parent/guardian accept responsibility and liability for all fees, tuition and costs which become due pursuant to this Agreement. Retain one (1) signed copy of the Agreement; sign and return the other copy to Bradley Academy. The Agreement is not binding until signed and dated by all parties. " The above supersedes any inconsistent arbitration provision published in any other document such as your catalog or, where applicable, your enrollment agreement." Signature of Enrollee Date Signature of Parent/Guardian \... Signature of School Representative +-...~ ~ 1409 Williams Road. York, PA . 17402-9012 . 717.755.2300 or 1.800.864.7725 . \ Date Date (( Z / (0 ~ Fax 717.840.9305 . www.bradle:yacademy.edu CHARLENE A. WHITE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY PENNSYLVANIA vs. DARREN S. WHITE, Defendant/Respondent CIVIL ACTION NO. DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Darren S. ite, Defendant/Respondent, and Jane Adams, Esquire, counsel of for Defendant/Respondent, by depositing same in the United Mail, postage prepaid, addressed as follows: Darren S. White 299 Mackintosh Drive Glen Burnie, MD 21061 Jane Adams, Esquire 64 South pitt Street Carlisle, PA 17013 Date: 1//2/0& I ~~~ Mary A. Etter Dissinger 0 ........' 0 C? C (;.:-," ." C1--' ::;:3 fl::;' .." -C:l S; I - .:7 r0 L c.} r ":- .-.-', (~) 1-~\::\ \ <?? ;- :;,-1 "n , ["-0,) :< """ ., II ~ NOV 0 3 2DD6~Y' !CHARLENE A. WHITE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY PENNSYLVANIA vs. ARREN S. WHITE, Defendant/Respondent CIVIL ACTION NO. ;;2. 0 " J- - 1 J 'i i DIVORCE ORDER AND NOW this ~a 11 day of 11 #7A/4~ , 2006, a hear~nJ is set for the ~ day of O--f-M'}7i<~, 2006, in Courtroom ~ of the umberland County Courthouse, at !./r'a14 .m., in reference to the otion for Contempt and Enforcement filed by Plaintiff/Petitioner. By the Court, Ai J. 1(--)/-'0& ~ ~ ,p15 -1:'::,,1 ""--~~ ,.- C;/'lil:J I 8 : II H~ I Z tlON gaOl .. '\J' ",." ,'.,' J ~!~l :10 A",'[ I( '1\1, 1"'" i' .:''-J ..... , UW__' i....." ...l,..,-',.....;l ......l ::nl:.'!GfEJl!:J CHARLENE A. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA V. DARREN S. WHITE, Defendant : CIVIL ACTION : NO. '2-00 2- - Lf .).- tY : DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR CONTEMPT AND NOW COMES, Darren S. White, by and through his Attorney, Jane Adams, Esquire, and files following response to Plaintiffs Motion for Contempt. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Defendant has no knowledge about Christopher White's current grade point average; neither Plaintiff or the child has provided such information to Defendant. 11. Defendant has no knowledge about Christopher White's date of graduation other than what information he has obtained from the internet; neither Plaintiff or the child has provided such information to Defendant. 12. Admitted. 13. Admitted. 14. Denied. Husband has more than amply contributed to Christopher's college support as agreed in th~ Separation and Property Settlement, based on the information that Wife has provided. 15. Admitted in part, denied in part. Husband has been reducing the amount of support provided. Based on the limited amount of information on finances provided by Wife, Husband believes he overpaid the amount of support and Wife unjustly used his overpayments for her own expenses. 16. Admitted in part, denied in part. Husband is employed by Lockheed Martin Corporation. He admits that he can contribute to the child's education. 17. Admitted in part. Husband did gross $85,000.00 annually in 2001 during the parties' marriage, but that job is no longer available. Husband was totally unemployed in 2002. Husband currently only makes a fraction of his former salary. 18. Admitted in part, denied in part. Wife contacted Husband several two times, via telephone, at which time she was unpleasant, disrespectful, and did not provide the information requested. 19. Denied. Husband has requested, through his attorney, further information to verify that he is paying the correct amount. (Please see Exhibit 1). In his correspondence, he indicated his willingness to pay the proper amount upon verification of financial records. Rather than cooperate, or provide further information, Wife immediately filed a Motion for Contempt. Husband still has not received the full information that he requested. 20. Admitted. However, Wife has not complied with the settlement because she has not provided proof ofthe child's educational expenses. Wife does not deserve counsel fees because filed the Petition for Contempt and did not make a good faith effort to resolve this matter without legal action. 21. Husband is willing to honor his obligation under the marriage settlement agreement but believes it is within his right to confirm the correct amount that is not covered by awards, grants, and loans. WHEREFORE, Defendant/Respondent requests that Petitioner's Motion for Contempt be DENIED. Respectfully submitted, Date: I ;).. k /c, J an Adams, Esquire I. No. 79465 4 outh Hanover St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR RESPONDENT DARREN S. WHITE .... '- Jane Adams ATTORNEY AT LAW 64 SOUTH PITT STREET CARLISLE, PA. 17013 (717) 245-8508 voice (717) 243-9200 fax esqadams@ao1.com VIA FAX AND REGULAR MAIL October 16, 2006 Mary Dissinger, Esquire 28 N. 32nd St. Camp Hill, Pa. 17011 Re: White v. White Dear Mary: I represent Darren White. Yesterday I met with Darren and he indicated that he will continue to contribute to his son's education pursuant to the marriage settlement agreement. While Darren provided some records for my review, it was not immediately clear from the records what was covered by grants or loans and what amount was Darren's responsibility. Before paying any further amounts, we are requesting that you forward an either a list of, or receipts for Christopher's tuition, room, board and other associated expenses as well as a list of the loans and grants that Christopher has received. We want to be absolutely clear on the amount that Darren is responsible to pay. Once we have reviewed the records, Darren will pay the amounts due directly to the school once they come due. Please contact me to discuss this matter further. Sincerely, ~ cc: Darren White SK oft\ g t1 A- VERIFICATION I verify that the statements made in this Response are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: J d... . ~. ~ /) A~ f/ ~l<-VWV\ Hk Darren S. White, Respondent Sworn to and subscribed before me this sPt. dayof O~,200...a~ MONWEALTH OF PENNSYLVANIA Notarial Seal Jane Adams, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 6, 2008 CERTIFICATE OF SERVICE AND NOW, this December 6, 2006, I, Jane Adams, Attorney for Darren White, hereby certify that a copy of this RESPONSE has been duly served upon the following parties, by placing such in the custody of the United States Postal Service, via FAX and via regular mail, postage pre-paid addressed to: Mary Dissinger, Esquire 28 N. 32nd St. Camp Hill, Pa. 17011 ATTORNEY FOR CHARLENE WHITE e Adams, Esquire . No. 79465 64 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DARREN WHITE o G ~;1~ -r-'c~: ~.~;.:~ ~.. r C'. ",-I,] ~ -- ""/ '~- ~,.~-- I : >~;; ~ f"3 g cT" o ri c-> I 0' -0 ~ o "T\ -4 :r:::.." rT'p --0 .IT'1 'uO c)h -=-i "-l-, ~S~\ 2m o ....... 5; =< U1 ..0 CHARLENE A. WHITE, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-4244 CIVIL DARREN S. WHITE, Defendant/Respondent IN DIVORCE IN RE: MOTION FOR CONTEMPT AND ENFORCEMENT ORDER AND NOW, this z;o;! day of February, 2007, the motion of the plaintiff for contempt and enforcement is GRANTED in part and DENIED in part and it is ordered and directed that: 1. The defendant/respondent, Darren S. White, shall pay to the plaintiff/petitioner, Charlene A. White, the sum of $4,700.00 in satisfaction of any amounts due through December 2006. The defendant will be given ninety (90) days within which to pay this amount in full. 2. Per the agreement of the parties, as stated in open court during our recent hearing, from and after January 2007, the parties shall reimburse their son, Christopher Scott White, their fifty percent (50%) share of education expenses within thirty (30) days of request. 3. The motions for contempt finding and counsel fees are DENIED. BY THE COURT, ~ne Adams, Esquire For Defendant/Respondent ~ /1J ~ary A. Etter Dissinger, Esquire For the PlaintifflPetitioner "'.'r;'j . \'...... c ~ :2 [.L:! Z- fLJJ LeaZ I/.~, j:...)