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HomeMy WebLinkAbout96-00470 i ~ , JI "7 ~I ~\ , f. ~ 91 o o r ~ , ~ 0- I .:.:. .:<<. .:.:. .:.:' .:.:. .;.:. .:.;. ':<<'t'.:<<. ':"4' .:<<. .:.:. .:+:. .:.:. .:.:. .:+:. .:.:. .:.;. .:+:. .:+;. :.' .:.:.: .:.:r.,.;. .:+:. .:+:. .:+:. .:.:. ':C' ':':--';4 ~ I ,--~ 'v____._ -,----- - .~,-,-_.~ --~-- . .,. - - - '._-- ----..-...-----~ - ~ :\ IN THE COURT OF COMMON PLEAS :. wj ~ ~l ~ *1 OF CUMBERLAND COUNTY ~ ~l ~.~ ~ .::! STATE OF ;'0..." . PENNA. ~ 'I ' e---, ,,' ". ~"...~t ,;, ;:: ~ .' ,'. ~ LIClA H, SCOUT ~ N n." 4.10.............. 1996 ~\ \' P 1....1 I:; ~ ~ DOUGLAS E, SCOUT ,'. ~ ~ ., DEe R EEl N~ 2. ~2- J)~ 1: ~DIVORCE ;,}, ri-Jl~ 2..- ! ~ AND NOW,.. ........... J........... 19 .~~... it is ordered and I~ df!cref!d thot .. .LICIA. .~:. .S.~OU~.............................., plaintiff, ~ ~ and.. .. . .. .. .. . ~~.U.~LAS..E ~ . ~.C.~~T.. .... .. .... .. . . .. .... .. ". defendant, ': ~ ore divorced from the honds of matrimony. ~ ~ ~ '''I ~l '.' ~i .. ~ '.' ,'. ~ ," ~ w '.' ~ '.' " ~ The court retoins jurisdiction of the following claims which have been roised of record in this action for which a final order has not yet been entered; NONE s ~ '.' ~ A copy of Harriage Settlement Agreement dated February 6 1996 .......... ,....................... ........ ......... ...... ... ./.... .......,. is attached hereto and made a part hereof. ~ '.' $ .................... ........... .,.................,.. ... .c- 1;'"IU::~ 4 ;.~~, &.o;.1tt'7frf' ~4''''~,):''' ?/J, ~ / ~ Prothonotary " M .' ~ !="~ ~ '.' ~ ~ ;', ~I ~; ~ - - , ".:.:; .::.:. .:.~" .:.:- -:.:- .: ." ~ .~.~..~..~.~~..~~**.~*.~***.~~**~** ,;, ;:: ~ ,;, ;:: ,'. ~ ,'. ~ ~ .' ~ '.' ~ '.' ,', ~ * * " ~ ~ '.' ~ ~ ',' I~ l~ /... I~ I'" ~~ !'.' , I~ '.' ~ ..... i~ :* " it ./I/.?t- &J. t".M4~ 72. 4. ~-< ~ /If.y~ 7fto~u htCJt/ -,j, ?~4:; ".. '. .. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO, 96-470 IN DIVORCE LlCIA M. SCOUT, vs. DOUGLAS E. SCOUT. 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 Section 3301 lc) of the Divorce Code. 2., Date and manner of service of the complaint: February 5, 1996 by acceptance of service. 3.. Date of execution of the affidavit of consent required by Section 3301 lc) of the Divorce Code: by Plaintiff on May 28. 1996; by Defendant on May 28, 1996. 4.1 Related claims pending: None. CLECKNER AND FEAREN BY' lWvvl J )J/I Dennis J. Sh~~, Esquire Attorney I.D. No. 25675 31 North Second Street P.O. Box 11847 Harrisburg PA 17108-1847 (717) 238-1731 Attorney for Defendant ~ co '- - 1-;; 8 .. "4..- .::r ';~2 "= u:~ 16 u.. i!! r- ti: I U.I -. ,- - ~- :-n ;:: -, :\1 ==; t; .;-: lO ';1 en U ,.....0-...._.___ - " ~ ~ 2: 1f . '1 i '~ ~ f 'i! oJ , C ') <:3- - ~ - [;; ~~ :J -:T .....: .. ':)- i=: Cl O~~{ ~ ci ("() C'> ::.: ~:_~..~ ~., ~~ I .r., J,..- .J:,~ ~ ~., 0.. ;:!:.;~ v ': ~ , . I . '\;;) .g a '-.)~ fi3' en :--.{,~ ~ JI.i: ('01 1;< ""' iL~t; ,,-. -.I' '""IS ~ -"\ ~ ., o;;:i r- u,": ~ j ~ ~ i: ~ "- .. -, ':)- I'. ,n :j 'i u (n IJ ~ ~ .... ~ .... ~ Q .... h .., i!$ - .s '0 ~ ~~ nI . fii I w - , ~~ ~~ ~ ~ ~ ~~o~~ f . I 0 :- a ~~~~ ~~~~ , , :c Iol oil S'I' t ~ i 8 ~~~ ~ ~ ~~~i!i; I t) UJ a:a.,... ~~~~~ .... ~<~:f~ ~ ~ ~ ZX J i!$ ~ Po t) i!$ a ~~ . .- '\ .. , , , . e LICIA M. ~COUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. DOUGLAS E. SCOUT, Defendant CIVlt..tCTION NO. {I - '-170 IN D~VORCE CliKi. T~.,J ORDER OF COURT AND NOW, 3(, n. ~ J. I 'i'i(. , upon consideration of the attached complaint, it is hereby directed that the ~arties and their respective co~n:;;el appear. before IYI'ChrIlL is;~..~ '~.fl . L ' the conclllator, at ..;11).1 S-,>IG lSi:h o::;I~_ 'J;.;!1\"\ -Zl~~ay of (t brcw'l , 19 '16 , at fY .m., for a pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older my also be preset at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, . (;, B,c, By:-.01A d11l1 L 6i ';J/:>' l' Custody Conciliat The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 1701 (717) 240-6200 h4\.. , r~~r:rJ r.,~.~;c~ c":' "i.: ~ ,- ',,"ort 'r-'. ""'~,' r:"\' . ,. J ." . ',..}I/'..", (:; j.~'-' .. I I: " .:. .... ') ""." , .1," '" . ..,.. C'I:"'.' ,,..,,,.,, ""'" . ',' j ,." .:' 1\::1"' .'/",'''l:~/'''' _I .. , _. ,I .. ,. .~ I OJ';' 9'- 6c!'. (~ 4"~ ~ 4' x.k..z;'74 .;)'I'?~ '71rlfa 111'1.d:'~ ayr 0)' / 1~ ~ ~a/ ~h" /11. &''r P .. 4 LICIA M, SCOUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE vs. DOUGLAS E, SCOUT, Defendant NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the fOllowing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square carliSle, Pennsylvania 17013-3387 (717) 240-6200 LICIA M. SCOUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. DOUGLAS E. SCOUT, Defendant CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the prothonotary at: Office of the Prothonotary Cumberland county Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Prothonotary ~ LICIA M. SCOUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. DOUGLAS E. SCOUT, Defendant CIVIL ACTION NO. IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Licia M. Scout, a citizen of Pennsylvania, residing at 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Douglas E. Scout, a citizen of Pennsylvania, residing at 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania. J, Plaintiff and Defendant are SUl 1uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on July 21, 1990, in Cumberland county, Pennsylvania. 5, The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the united States or its allies within the provisions of the Soldiers' & Sailors' civil Relief Act of the Congress of 1940 and its amendments. 7 . There has instituted by jurisdiction. been no prior either of the action for divorce or annulment parties in this or any other 8, The Plaintiff has been advised of counseling and of the right to request that parties to participate in counseling. the availability of the Court require the COUNT I Request for a Fault Divorce Under 3301(a) (6) of the Divorce Code 9. The prior paragraphs of this complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14, The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit ~ consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit, 16, Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request tor Divorce Due to Irretrievable Breakdown Under 3301(d) at the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling, WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. < . -.~......,;.." ;,\~ COUNT IV Request for Equitable Distribution of Harital property Under 3104 and 3502(a) of the Divorce Code 21. The prior paragraphs of this complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23, Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully equitably distribute the marital property to 3104 and 3502(a) of the Divorce Code. request the Court to of the parties, pursuant COUNT V Request for Alimony Pendente Lite and Alimony under 3104, 3701, 3702 and 3704 of the Divorce Code 24. The prior paragraphs of this complaint are incorporated herein by reference thereto. 25. Plaintiff is unable to sustain herself during the course of litigation. 26. Plaintiff lacks reasonable needs and appropriate employment. sufficient property to is unable to sustain provide herself for her through 27. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, COUNT VI Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 28, The prior paragraphs of this Complaint are incorporated herein by reference thereto. 29. Plaintiff has employed Mary A. Etter Dissinger, Esquire of the law firm of Dissinger & Dissinger to represent her in this matrimonial cause. 30. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VU Request for Confirmation of custody Under 3104 Divorce Code 31. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 32. Plaintiff is Licia M. Scout, residing at 541 Brighton Place, Cumberland County, Pennsylvania. 33. Defendant is Douglas E. Scout, residing at 541 Brighton Place, Cumberland County, Pennsylvania. - . --.'-.-....... I e 34, Plaintiff seeks custody of the following child: Name Present Residence Aga 5 Courtney L. Scout 541 Brighton Place Mechanicsburg, PA 17055 35. The child was not born out of wedlock. 36. The child is presently in the custody of Plaintiff and Defendant, who both reside at 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania. 37. During the past five years, the child has resided with the following persons at the following addresses: Person Address Date Licia M. Scout and Douglas F:. Scout 22 Southpoint Drive Mechanicsburg, PA 17055 Birth to c. 8/1/94 Licia M. Scout and Douglas E. Scout 541 Brighton Place Mechanicsburg, PA 17055 c. 8/1/94 to date 38. The mother of the child is Licia M. Scout who currently resides at 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania. 39. She is married to Douglas E. Scout. 40, The father of the child is Douglas E. Scout who currently resides at 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania. 41. He is married to Licia M. Scout. 42. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with Douglas E. Scout and Courtney L. Scout. 43. The relationship of Defendant to the child is that of father. The Defendant currently resides with Licia M. Scout and Courtney L. Scout. 44, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 45. Plaintiff concerning the has child no information of pending in a court of a custody proceeding this Commonwealth. 46. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 47. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is better able and more willing to provide a stable, nurturing environment in which said child, Courtney L. Scout, will grow. 48. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. 49. Defendant shall have the right to reasonable and liberal visitation with the child. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody to Plaintiff and that visitation for Defendant will be as requested in the above paragraphs, Respectfully submitted, Idc~ 0 ~~~-<>'~~_ Mary . Et er D ss nger, squire Attorney for Plaintiff 28 N. 32nd street Camp Hill, PA 17011 (717) 975-2840 .." , " ~ VERIFICATION I, Licia M. Scout, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. 54904 relating to unsworn falsification. ~...W1.~ Licia M. Scout, Plaintiff L1CIA M. SCOUT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNA CIVIL ACTION - LAW Plaintiff vs. DOUGLAS E, SCOUT, Defendant NO, 96-470 IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Consolidated Compla nt In Divorce, Date: Februarv 5. 1996 . , ,. Hl ~ ,. .~,' ~ co '- ... .~ ~9 .. ::'J.- .:r ')2 <"5 ..- -..)~ -~ Ci: :)~ ~~ r- :'.:~ I J~ !f/ a: ".I F ~ .;)0. -, :i ~ <.0 a 0' < ...._-,,- ,-., ~, L1CIA M, SCOUT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW Plaintiff vs. DOUGLAS E, SCOUT, Defendant NO. 96-470 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on January 29, 1996 and was served (by acceptance) upon the Defendant on or about February 5, 1996. 2. The marriage of Plaintiff and Defendant Is irretrievably broken and ninety (90). days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. , ,. . 3. I consent to the entry of a final decree In divorce either after service of a ~Notlce of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate In counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior tot the divorce becoming final. I verify that the statements made In this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: S-~I., ~ "\v\. /lUJ- L1CIA M. SCOUT ~ CD ~ Q .. ..~~ ..:;; ~-<. ..z Cl :C .)~ it: Q.., '1;::1 ~c, r- --.~ (~ ~] '.L I u:tJ.1 -- . '1. f!.: ~ ~:!o.. , tJ. oJ;J :::i 0 0' U L1CIA M. SCOUT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION. LAW Plaintiff vs, DOUGLAS E, SCOUT, Defendant NO. 96.470 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lc) 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 I do not claim them before a divorce is granted. '. 3. I understand that I will not be divorced until a divorce decree is entered by the court arid that a copy of the decree will be sent to me immediately after it is filed , with the Prothonotary. I verify that the statements made in this Affidavit are true and correct and I .. .. f understand that false statements herein are made subject to the penalties of 18 Pa. .:,.. '-,,I . C.S. ~4904 relating to unsworn falsification to authorities. I,. Date: s-I;;). i 19.1.o I iu~ \V\./~ L1CIA M. SCOUT ,". < --' ~ co r= ..... ~ .. ":5 ..:r .s; rJ~ I' - 'J '- ~ - '-';;:1 0 '{i} r- . . ~ I 'c'lffi -. ~ :1 ~- r= ::;:J . '0.. -, :~ is to is en . LICIA M, SCOUT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW vs, DOUGLAS E. SCOUT, Defendant NO. 96-470 IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on January 29, 1996 and was served (by acceptance) upon the Defendant on or about February 5, 1996. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3, I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior tot the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~4904 relating to unsworn falsification to authorities. ~o{'6fiL Date: ~jfh I < ; ...........~.......J, '-'__';". ~ co >- - ~ '. ..- Ji .. 3~ .:z ~ --) c.. ')~ fr t"- .:,;"., I -~ ~ 'C; ~lJ SjiJJ i5 "=' 'u.. "") ;ji 15 ~ 8 < LICIA M. SCOUT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff vs, CIVIL ACTION - LAW DOUGLAS E. SCOUT, Defendant NO, 96-470 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011cl 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree Is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made In this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. I i C.S. ~4904 relating to unsworn falsification to authorities. , " D~te: :-; 5'"/; ~~ I ( ~ co ~ .. "'5;) ..;: ;~~ !~ :t: 'J~ if a.. '~ ~~ r- u;~ o. I o:ltJ Z 'C: oJ~ r= ~ ~q IS <0 :5 c;'\ u .. .. ...,.:.. ",.. ~ MARRIAGE SETTLEMENT AGREEMENT P. ,::I ~ a> '. ~ ~~ ", ':'<'" 1,;-;; C!"" ~- h~-." , ;~ ~~. -J t,;. :'2 ~~ -;"(' - 0., ~( r:- ~ L. .. ;t' - ~ ~, cP -- THIS AGREEMENT, made this ()b day of February 1996, by and between LICIA MARIE SCOUT of 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as WIFE or MOTHER), and DOUGLAS E. SCOUT of 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as HUSBAND or FATHER), WIT N E SSE T H: WHEREAS, HUSBAND and WIFE were lawfully married on July 21, 1990, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, one child was born of the marriage, namely COURTNEY L. SCOUT, born on January 27, 1990, and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/ or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, and; WHEREAS, HUSBAND has been represented by Jennifer L. Lehman, Esquire and WIFE has been independently represented by Mary A. Etter Dissinger, Esquire, and; WHEREAS, the parties seek to elaborate upon the agreement signed by them on February 4, 1996, and; WHEREAS, the parties believe that a swift resolution of the economic issues concerning their divorce shall minimize the impact of the divorce upon their daughter. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and 2 ~.,~.. _1 .~ HUSBAND, each intending to be further legally bound, hereby covenant and agree as follows: SECTION A. GENERAL PROVISIONS A.l SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other and each of the parties hereto completely understands and agrees that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3 A.2 MUTUAL CONSENT DIVORCE: The parties hereto ac~owledge that the WIFE has filed a Divorce Complaint to Cumberland County NUmber 96-470 and the parties hereto intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980. This entire Agreement and the Agreement of February 4, 1996 are expressly contingent upon the granting of a final divorce in this case. Each party agrees to execute the appropriate consents and waivers ninety days after February 5, 1996. A.3 EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce is entered with respect to the parties. A.4 DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support payments provided for in this Agreement shall take effect as set forth in this Agreement. 4 ., . ~'".,' .,) '1 A.S EXECUTION DATE: The phrase "date of execution" or "execution date" of this Agreement shall be defined as 'the date upon which the last party signed this Agreement. A.6 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 time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other and 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 part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or 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 5 country, or any rights which either party may have or at any time hereinafter 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 the execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real, personal or 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. A.7 WARRANTY AS TO EXISTING OBLIGATIONS: During the course of the marriage, WIFE and HUSBAND have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills was incurred, that of the liabilities which were incurred prior to the date of the execution of this Agreement, WIFE and HUSBAND each covenants, represents, warrants and agrees that, except as may be otherwise 6 specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable, and, if any such debts or obligations should be determined to have existed as ot the date of execution of this Agreement, except as set forth below, the party who incurred that debt shall indemnify and hold the other party harmless from and against any loss or liability and costs or expense, including attorney's fees, incurred as a result of those liabilities. In the event that WIFE or HUSBAND does not pay when due any such bills, obligations or debts, the other party shall have the right, but not the obligation to pay such bills, obligations or debts. If one party pays such bills, obligations or debts which the other party is obligated to pay pursuant to this paragraph after giving the defaulting party five days written notice, the party making the payment shall be entitled to receive reimbursement from the other party not only for payments made, but also for any related costs, including attorneys' fees. A.8 WARRANTY AS TO !'u'!'uRE OBLIGATIONS: WIFE and HUSBAND each covenants, represents, warrants and agrees that, except as may be 7 otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable and each now and at all times hereafter shall indemnify and hold the other party harmless from and against any such liabilities, costs or expenses, including attorneys' fees, relating thereto incurred by the other party after the date of the execution of this Agreement. A.9 DISCLOSURE I HUSBAND and WIFE each represent and warrant 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 such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. SECTION B. CUSTODY This Agreement represents FATHER'S and MOTHER'S best efforts and thinking about how their relationship with their child, COURTNEY, will work in the future. FATHER and MOTHER believe their child needs to have two parents who love and are involved with her. It is their intention to support each other's relationship to their child and share parental duties and responsibilities as outlined below. 8 <. B.1 CUSTODY ARRANGEMENT: FATHER and MOTHER shall have shared legal and shared physical custody of COURTNEY. The parties agree that after WIFE has made specific plans to relocate, they will meet to establish a custody schedule which will maximize the amount of time that Courtney will spend with a parent and accordingly, will minimize the time spent with a non-parent. Each parent shall be responsible for the day-to-day decisions when the child is in that parent's home. Neither parent has the right to make a unilateral decision on education or medical treatment (other than well care or i I, I I I i I ; I emergency care). These will be discussed jointly before decisions are made. Each parent agrees to keep the other apprised of any and all matters related to COURTNEY'S health, education, and activities. Both further agree that each shall have equal access to all information concerning COURTNEY. , B.2 MUTUAL COOPERATION: MOTHER and FATHER wish to be flexible in their arrangements for custody and have agreed that school vacations will be shared between them in a manner which shall be consistent with the best interests and welfare of COURTNEY. 9 I B.3 SUMMER VACATIONS: FATHER and MOTHER agree that each shall have temporary physical custody of their child for extended periods for vacations. The parties will meet each year and discuss how they will exchange their child for summer vacation. B.4 HOLIDAY ARRANGEMENTS: Both parents agree that they will alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas and New Years Day. There shall be no make up time for days where holidays come if special events or vacations fall on a parent's scheduled time. , B. 5 OTHER SPECIAL DAYS: MOTHER shall have COURTNEY on Mother's Day and MOTHER'S birthday. FATHER shall have COURTNEY on Father's Day and on FATHER'S birthday. COURTNEY'S birthday shall be shared or alternated as the parties may agree. I B.6 OSE OF MEDIATION: MOTHER and FATHER further agrl:!e that in the event they are unable to privately resolve any future disputes concerning their minor child, they shall seek the services of a mediator or mental health professional before they seek resource from the courts, except in an emergency situation. This requirement shall consist of one session, with each party responsible for sharing the cost of the meeting equally. Any future meetings concerning the specific issues shall be mutually agreed upon. 10 SECTION C. CHILD SUPPORT C.1 CHILD SUPPORT: MOTHER and FATHER each acknowledge their obligation and ability to contribute to the support of their minor child, COURTNEY. FATHER shall pay to MOTHER the sum of $450.00 per month for those months when MOTHER is the primary physical custodian of Courtney. These support payments shall not commence until MOTHER relocates from the Marital home. C.2 DAYCARE COSTS: In compliance with Pennsylvania law, both parties agree to share equally the cost of reasonable childcare for COURTNEY which may be necessary to enable each party to work. C.3 UNREIMBORSED MEDICAL EXPENSES FOR CHILD: HUSBAND shall maintain health insurance for their minor child with any healthcare coverage available to him through his employer. Both parties further agree that they will each share equally in any out of pocket extraordinary medical expenses that are not reimbursed by health insurance. SECTION D. ALIMONY. ALIMONY PENDENTE LITE & COUNSEL FEES D.1 ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement 11 , , . . -r'^. and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. HUSBAND and WIFE further, voluntarily and intelligently waive and relinquish and right to seek from the other any payment for support or alimony. D.2 COUNSEL FEES AND EXPENSES: Each party agrees to be solely liable for the payment of his or her own counsel fees, costs and expenses. SECTION E. EOUITABLE DISTRIBUTION OF PROPERTY E.1 DIVISION OF PERSONAL PROPERTY: The parties will divide between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, vehicles, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which will be in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. The above division of property shall include any insurance pOlicies covering that property and escrow accounts relating to that property. 12 , E.2 DIVISION OF REAL PROPERTY: WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties to HUSBAND and agrees to inmediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest, or title whatsoever in said property or in any increase in value to said property and further agrees never to assert any claim to said property in the future. Said transfer shall be effective immediately and shall be binding regardless of the marital status of the parties. HUSBAND hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to PNC Bank and further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever as a result of his non-payment of or non-performance of said mortgage and said mortgage conditions. HUSBAND shall also remove WIFE's name from the said Mortgage and note within one year of the date of the entry of the final decree in divorce. 13 E.3 PENSION AND RETIREMENT ACCOUNTS: HUSBAND is entitled to certain pension benefits at his place of employment and WIFE has an individual retirement account. It is agreed that each party will retain his or her own pension or retirement account and the other will for all time waive any and all rights that either party may have in the other parties' pension or retirement account. E.4 AUTOMOBILES: HUSBAND hereby agrees to release any and all right, title, interest and claim he may have in and to the 1986 Pontiac Bonneville and agrees further to execute any and all documents necessary to effect such release. WIFE hereby agrees to release any and all right, title, interest and claim she may have in and to the 1995 Ford Taurus leases by HUSBAND and agrees further to execute any and all documents necessary to effect such release. E. S SAVINGS AND INVESTMENT ACCOUNT~: The parties agree that any monies held by either of them in an account in that party's name alone shall remain the sole and exclusive property of that party. The parties further ratify the prior division of any monies held in joint accounts. E.6 EXCLUSIVE POSSESSION: WIFE further agrees to remove herself from 541 Brighton Place, Mechanicsburg, CUmberland County, Pennsylvania, on a permanent basis, on or before March 31, 1996. 14 E.7 PA~ TO WIFE: In consideration of the above transfers and in consideration for WIFE'S waiver of any equitable distribution rights, she may have had in the aforementioned assets, HUSBAND agrees to pay to WIFE the total sum of Ten Thousand Dollars ($10,000.00) cash. HUSBAND shall pay the sum of Two Thousand Dollars ($2000.00) to WIFE upon execution of this agreement and the remainder shall be paid within ten days after the entry of a final decree in divorce. SECTION F. MISCELLANEOUS PROVISIONS F.1 INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15 F.2 1995 FEDERAL AND STATE INCOME TAX RETURNS: The parties shall file a joint Federal and State income tax return for the 1995 tax year. They agree that should any tax be due and owing on either return it shall be considered a joint liability and shall be paid out of a joint account, or, in the absence of such an account, shall be borne equally by the parties themselves. Should any refund(s) be forthcoming, the parties shall divide it equally. F.3 DEPENDENCY EXEMPTIONS FOR INCOME TAX: The parties agree that HUSBAND shall have the dependency exemption for the parties minor child for income tax purposes. WIFE shall sign IRS Form 8332 to formalize this agreement. ~ECTION G. ENFORCEMENT AND STANDARD PROVISIONS G.1 BREACH: It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non- defaulting party's attorney in any action or proceeding to compel performance hereunder. 16 -. G.2 ADDITIONAL DOCUMENTS: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, aCknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. G.3 ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. G.4 AGREEMENT BINDING ON HEIRS: The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. G.5 MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17 . . ..,.~_.. a.o.A. , G.6 APPLICABLE LAW: This Agreament shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and the amendments thereto. WHEREFORE, the parties have signed this Agreement with the intention of being mutually legally bound. t;~ Y11UMi ~7S- LICIA MARIE SCOUT ftrM.lt JrJ.JJhWAA..J JE IFER . LEHMAN, ESQUIRE ~d.J 18 . !..' COMMONWEALTH OF PENNSYLVANIA COUNTY OF e'/lflDEe.t.IWD- On this, the ~ day of r~iUH~U , 1996, before I me, a Notary Public, the undersigned officer, personally appeared LUCIA MARIE SCOUT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r 1 ";'111IP'! 'l 1...?W. .' NotJ{ry Pub J.C iWiABrA'. SEAL CAlHY L YCUI;"BLOOD, Nolary Public Camp Hill Boro, Cumberland County My Commission Expires June 22, 1998 19 .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF & fIt/!P?t.ItND On this, the -LL~~ay of r.fft)J.!lI!1r<.4 v , 1996, before me, a Notary PUblic, the undersigned officer, personally appeared DOUGLAS E. SCOUT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. v CATHY L yo'tf.r:lAl Sf4/. frp Hili Bor~: i!:lie Notary Public !Y COmmiSSion Expl;'. J rlalld Coumy ... una 22, 1998 20 CLECKNER AND FEAR EN ATTORNEYS AT LAW II NO"TH 'ICO~D I'''IET ~. O. lOX 11...7 HARRISSURG PENNSYLVANIA 17108-IS47 " , . FEB 26 1998tf . . LICIA M. SCOUT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-470 Civil Term v. DOUGLAS E. SCOUT, Defendant CIVIL ACTION - LAW IN DIVORCE AND NOW, AG1b~ this"}b day OOFf CO~ Fj CU~TODY ~ ' 1996, the stipulation dated February 20, 1996, parties having entered into a which stipulation contains an agreement as to the best interest and welfare of their minor child, COURTNEY L. SCOUT, born January 27, 1990 (hereinafter "CHILD"), it is hereby ORDERED AND DECREED as follows: 1. The parties will share legal and physical custody of their minor CHILD. 2. LICIA M. SCOUT (hereinafter "MOTHER") shall have primary physical custody of the CHILD for purposes of enrolling her in the Central Dauphin East School District. 3. DOUGLAS E. SCOUT (hereinafter "FATHER") shall have partial physical custody of the CHILD in accordance with the following minimum schedule: (a) Every other weekend from Friday until Sunday. Specific times are to be agreed upon between the parties. (b) Two weeknights each week for an overnight visit. FATHER shall be responsible for taking the CHILD to school the next morning following those nights that he has custody. 4. MOTHER and FATHER wish to be flexible in their arrangements for custody and have agreed that school vacations will be shared between them in a manner which shall be consistent with the best interests and welfare of the CHILD. 5. FATHER and MOTHER agree that each shall have temporary physical custody of their child for extended periods for vacations. The parties will meet each year and discuss how they will exchange their child for summer vacation. 6. Both parents agree that they will alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas and New Years Day. There shall be no make up time for days where holidays come if special events or vacations fall on a parent's scheduled time. 7. MOTHER shall have the CHILD on Mother's Day and MOTHER'S birthday. FATHER shall have the CHILD on Father's Day and on 11. The parties have negotiated the legal and physical custody provisions of this stipulation based upon existing circumstances. If either party desires to establish a residence FATHER'S birthday. The CHILD'S birthday shall be shared or alternated as the parties may agree. 8. MOTHER and FATHER further agree that in the event they are unable to privately resolve any future disputes concerning their minor child, they shall seek the services of a mediator or mental health professional before they seek resource from the courts, except in an emergency situation. This requirement shall consist of one session, with each party responsible for sharing the cost of the meeting equally. Any future meetings concerning the specific issues shall be mutually agreed upon. 9. The parties shall each give the other party prior notice before taking the CHILD out of state and provide the other party with a phone number where the CHILD can be reached while out of state. 10. The parties agree that unless arrangements are made otherwise, the parent receiving custody of the CHILD will provide transportation. , "f"" different from their present respective residences, that party shall give to the other party at least 90 days written notice in advance of the proposed move, in order to give the parties the opportunity to confer and to establish a mutually satisfactory arrangement as to custody and visitation in light of the changed circumstances. In the event that the parties are not able to reach an agreement, they agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall have jurisdiction over them to fashion an appropriate custody order. BY THE COURT J. ~ -:~ ; ..) ,--) .. .., . . ,., ,'. .-;""1 ,I 'In~ r,,) 23 -.J ,'1 ro.; C'l , ..:)1 .. .. ~ t:j c.~ .~rn ! C..) . ! ". ( ) LICIA M. SCOUT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-470 civil Term CIVIL ACTION - LAW IN DIVORCE v. DOUGLAS E. SCOUT, Defendant STIPULATION FOR ENTRY OF CUSTODY ORDER The parties agree that it is in the best interest of their minor child, COURTNEY L. SCOUT, born January 27, 1990 (hereinafter "CHILD"), to enter into the following custody arrangement: 1. The parties will share legal and physical custody of their minor CHILD. 2. LICIA M. SCOUT (hereinafter "MOTHER") shall have primary physical custody of the CHILD for purposes of enrolling her in the Central Dauphin East School District. 3. DOUGLAS E. SCOUT (hereinafter "FATHER") shall have partial physical custody of the CHILD in accordance with the following minimum schedule: (a) Every other weekend from Friday until Sunday. Specific times are to be agreed upon between the parties. (b) Two weeknights each week for an overnight visit. FATHER shall be responsible for taking the CHILD to school the next morning following those nights that he has custody. 4. MOTHER and FATHER wish to be flexible in their arrangements for custody and have agreed that school vacations will be shared between them in a manner which shall be consistent with the best interests and welfare of the CHILD. 5. FATHER and MOTHER agree that each shall have temporary physical custody of their child for extended periods for vacations. The parties will meet each year and discuss how they will exchange their child for summer vacation. 6. Both parents agree that they will alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas and New Years Day. There shall be no make up time for days where holidays come if special events or vacations fall on a parent's scheduled time. 7. MOTHER shall have the CHILD on Mother's Day and MOTHER'S birthday. FATHER shall have the CHILD on Father's Day and on FATHER'S birthday. The CHILD'S birthday shall be shared or alternated as the parties may agree. ..~", . 8. MOTHER and FATHER further agree that in the event they are unable to privately resolve any future disputes concerning their minor child, they shall seek the services of a mediator or mental health professional before they seek resource from the courts, except in an emergency situation. This requirement shall consist of one session, with each party responsible for sharing the cost of the meeting equally. Any future meetings concerning the specific issues shall be mutually agreed upon. 9. The parties shall each give the other party prior notice before taking the CHILD out of state and provide the other party with a phone number where the CHILD can be reached while out of state. 10. The parties agree that unless arrangements are made otherwise, the parent receiving custody of the CHILD will provide transportation. 11. The parties have negotiated the legal and physical custody provisions of this stipulation based upon existing circumstances. If either party desires to establish a residence different from their present respective residences, that party shall give to the other party at least 90 days written notice in advance of the proposed move, in order to give the parties the opportunity to confer and to establish a mutually satisfactory arrangement as to custody and visitation in light of the changed circumstances. In the event that the parties are not able to reach an agreement, they agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall have jurisdiction over them to fashion an appropriate custody order. order. The parties hereby stipulate to the entry of the above as an order of court and waive their right to appear before the court for the presentation of this stipulation and its incorporation as an ~1L~1J J ,::j U II! .%J J NNIF R L. LEHMAN, ESQUIRE Q~u DOUGLAS E. SCOUT ~~~~. - TNESS k~~'M6W. ~ r:;I~iA MARIE SCOUT Date: d-/;;l-c/r~ , I ~ \Sl 1-. ~\l 't:: ~ rf ~ '1 4 ~ ,- -' ~: ; 1'- I" l:"J ; lil' t'> ( :- .. ~-l .-. c.".I- (:, , ,') C'.\ ; L' : . C , ~ J ~ " :-... II ..... :'.~, \..) .:. , U ~ ('0) ...... j1; N ~ .. h,r.) - ,l~ f~) .' )., ~ i.) :~:; ., , ;:: "'i' .~ ~r,- !~l-j ,.' M ,~ 6:: . .,..) '~... N ~ ') ~1: ('.7 (J:~' J =-- 1~I{n f" ~.! t~u. .. .. .,-: II, Cl'> :J 0 en 0 I.i ~< a; 0..... ;.: :z: V)< :z: III S>.... 0 ..l ., >l21 ..... z '" ... .... V) 0 ;: l>.V)!;j QI C V) '" . 0 QI ~ u!;i- < ~ffiB ~.~ 't:l ~ ... ., " 0 0 ~..'" ~ i!l>. ..... .... 0 ~~ ~ a::t;g ~ 5';:: . g, .. ,. 8~~ > Ul < u lIl!;ij ~ l: 7. QI . QI "'U ~ t:lz- ~ '" l>. !;.e::. ~~ 0 Z:Jt:: .. ~ j !;;:; .. 0.... ~ _~O ~ 010 8~ U 0 :z:", :i tIl:$1- .. f-oU:z:,... V)<ll ~~ tIlo'" " ~ 0-.7 V).... 't:l -~O .. :.:: - .. ~ O~BI '-'0 . 0 Ol .... l>lQl ..... ~ .. U;:j<", . <ll ..... tJ < :0::.... V) QI = l>l'" '" l>. jlOl l>. III pl>l;:1 < ..... g ~ ~> . U 0 :z: .....0 ~ :3 ..... U:z: :::: . . I..'" 1111" unl 1I0WETT. KISSINGEI{.'I< ('ONLEY. 1'.(', I-'UWAI,NLJISIHHI )'USJ (I111t'L 1111:\ ~IO 1I,\~IlI"Ill'~".I'I...,q, "'.l'\ 11111:-' NOli ~ 4 199~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UClA M.(SCOUT) WHITE. Plaintiff/Petitioner ) ) ) ) ) ) ) CIVIL ACTION - LAW CUSTODY NO, 96-470 v. CIVIL TERM DOUGLAS E. SCOUT, Defendant/Respondent ORDER OF COURT AND NOW, -iLl ~'1 ,1999, upon consideration of the allaehed complaint, it is hereby directed that the parties and their respective couns<<1 appear before -~J' ~'~~i.~' Esquire. the conciliator. at.:;:{j \"....1. \-\(j,\(\ ,S\." \\-rb\\\b.l'j Pennsylvania, on 6 the \ ~ day of )-~"n r ~,;XXC at 9', 00 o'clock J?L,m, for a Pre-Hearing Custody Conference. At such con erence, an effort Will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference. but the child's allendance is not mandatory, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT. By: ~('\h,\" ~, J\\\;(\M\<t~ Custody Conciliator 0 t-J.'\ 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, AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, pleasc contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must allend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 Telephone: (717) 240-6200 ~:' ~:f!.i)':; '.": ;\1'" .l.'.li c:" '" 99 neT -G ril 2: L(J C' ,"';:"', '. ' "!'II"TY '\".lit.:.. ,~. " \.'. ~ ___1\ Pt:i~;<~:'l'i:"'i,;'r\ p.~ '~f dd ~~fY;.ff~~ 4' &~ /ol.~ .ff 7~ ,/<""~ ~ ~~I /.:;.t/.Y'f' q, /1<4-.4/ ~ 4~~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L1CIA M.(SCOUT) WHITE, PlaintiITIPetitioner ) ) ) ) ) ) ) NO. 96.470 v, CIVIL TERM DOUGLAS E, SCOUT, Defendant/Respondent CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this day of , 1999, upon consideration of the within Petition for Permission to Relocate it is hereby ORDERED AND DECREED that a hearing is scheduled on this matter on the day of ,1999, in Courtroom of the Cumberland County Courthouse. 1 Courthouse Square, Carlisle, Pennsylvania 17013. BY THE COURT: J. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) CIVIL TERM CIVIL ACTION - LAW CUSTODY L1CIA M.(SCOUT) WHITE, Plainti lTIPetitioner NO. 96.470 DOUGLAS E. SCOUT, Defendant/Respondent PETITION FOR PERMISSION TO RELOCATE AND NOW, comes the PlaintilTlPetitioner, Lieia M. (Scout) White, by and through her counsel Howell, Kissinger & Conley. P,C, and files this Petition for Permission to Relocate and in support thereof states as follows: 1. PlaintilTlPetitioner, Licia M, (Scout) White (hereinafter referred to as "Mother") is an adult individual who currently resides at 1086 Country Hill Drive. Harrisburg, Dauphin County, Pennsylvania 17111. 2. Defendant/Respondent. Douglas E. Scout (hereinafter referred to as "Father"), is an adult individual who currently resides at 541 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties arc the parents of one minor child, namely Courtney L. Scout born January 27. 1991 (hereinafter referred to as "Courtney"). 4. Pursuant to an order of this court dated February 20. 1996, Mother and Father share legal custody of Courtney with Mother having primary physical custody and Father having partial physical custody. 5, Mother has remarried to Jeffrey H, White (hereinafter referred to as "Mr, White") who is employed by the United States Internal Revenue Serviee (hereinafter referred to as "IRS"). 6. On or about June 30, 1999, Mother contacted Father and advised that it was highly probable that the IRS would be transferring Mr. White to the Florida area in the very near future, 7. In addition, Mother directed her counsel to prepare a Stipulation for Entry of Custody Order providing for alternate custody arrangements in the event of Mr. White's transfer to the Florida area and thus, her and Courtney's relocation to the Florida area. S, Father did not agree to the Stipulation for Entry of Custody Order. 9, On or about November 13, 1999, Mr. White was advised by the IRS that he was being transferred to the Fort Myers Florida IRS office effective January 30, 2000. 10. Accordingly, by letter dated November 17, 1999 and hand delivered to Father, Mother advised Father of the need for relocation. II. Father has denied Mother's request for relocation to the Fort Myers Florida area with Mr. White and the parties' child, Courtney, 12. Due to the relocation, Mother and Mr. White have listed their home for sale, 13. Mr. White must report to the Fort Myers, Florida IRS office on or before January 30, 2000. 14. Mother's motive in requesting the move is not to deprive Father of contact with Courtney but rather to be able to continue to reside with her Husband. I S. In addition, Mother and Courtney have many family members residing in the Florida area. 2 Date: ~ jVvr '19 Cindy S. Conley, squire HOWETT, KI INGER & CO 130 Walnut Street P.O, Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for PlaintifTlPetitioner . Licia M. (Scout) Whitc 16. Accordingly. this movc will substantially improve not only Mother's life but also Courtney's life, 17. Furthennorc, Mother believes thatthc move will bc in Courtncy's best interest and that adequate alternative partial physical custody can be arranged for Father. WHEREFORE, Mother respectfully requests this Honorable Court to schedule a hearing as soon as possible to address Mother's request for relocation with Courtney and, following a hearing, to enter and Order pennining Mother to relocate to the Fort Myers Florida area with Courtney and implementing a partial physical custody schedule for Father. Respectfully submined, 3 I I I ~ ~ "" >-~ VERIFICATION I. Licia M. (Scout) White, hereby swear and affinn that the fucts contained in the foregoing Petition for Pennission to Relocate are true and correct to the best of my knowledge, infonnation and belief and are made subject to the penaltics of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, Date: -.1l' ;..) r1 q ~ )i{. WlUb Licia M. (Scout) White .-..........,J l.A,,'Ollln_In. 1I0WEIT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET I'OST OFFICE IJOX 810 JI.uIISlIUltl,I't.NNSn\'APIlIA 1710M JOHN C.1I0WETT DONALD T. KISSINGER CINDY S. CONt.EY (7171234.2616 FAX (7171234.5402 DEIJRA M. SHIMP. Lelll Anislanl November 22, 1999 VIA FEDERAL EXPRESS Curt Long, Prothonotary CUMBERLAND COUNTY COURTHOUSE I Courthouse Square Carlisle, PA 17013 Re: While v. Scolll No. 96-470/ Custody Dear Mr. Long: Enclosed for filing in the above-referenced matter please find our Petition for Pennission to Relocate, We have attached an order for conciliation to thIs netltlon. and we request that a conciliation be scheduled as soon as nosslble due to defendant's nendln!! relocation to Florida on January 30. 2000. If we could be provided with the name ofthe conciliator, we will contact them and make them aware of the urgency of this matter. Thank you for your assistance with this matter. Enclosures ~. CI ~ iT; ('~ ,- P. .. -;:l..-f. , - ( );.;.; " .- ,:_):'~: "..J; .... ";j r~~ . ,1.. .i . ~.- I",' 'n .:tJ; 1 ('oJ ;::..) . j:'tj . .. I ~1-. . " ("7) ~'j Cl (.l U t<.< ~ OH ,,: Ill::! ~ III .... ..l ~ ;:j~... .... .... ! z r: ....:I "" ... o - l1.lQ~ C ut;::!< . '... QC ;;, :Z:ffilll ~~ ""Q(Sw.I><.c o ~ 0 , ~l1.a Hl1. I lI'lCl: IG;:: ~ ... 1:j1ll5"'~ 8 .;:. c ;: u ~ . III ~ at:)3t&:1/ll i:i~~ ...... !:;] Z ""'Go !:; --<Ou 8~ i!l j<ll...... 0 8 U)OVl:.,) E-<u:z: . Ill'" H -.....l2. <>: 0 III > "" ~ ~ ~- ~ I::>""HO ...... . .. ~ .. 8::!ti~ ~ ~ < . I :: :;l<1 :<: III ~ '" j 15"-1....:10- < ~ E!3!;: . H <..:l 0 U I::> ~ ZBHO H 8 :c H U:Z: ....:I , 1'\Iotllll""'1 ~ 1I0WETT. h:ISSIN(a:I{.~ (,ONLE\'.I'.C. IW\\'.\I~PI"dIHII l'O""llIlll( I 1111' kin 11~"loIl"'U "", 1'1 ".." I' .....1... l1111i1 '., , . ,'oj'. ,". -A I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA LlCIA M. (SCOUT) WHITE, ) Plaintiff ) NO, 96-470 ) v. ) CIVIL TERM ) DOUGLAS E, SCOUT, ) CIVIL ACTION - LAW Defendant ) CUSTODY PRAECIPE TO WITHDRAW PETITION FOR PERMISSION TO RELOCATE TO THE PROTHONOTARY: Please withdraw the Petition for Pennission to Relocate filed on or nbout December 6, 1999. Respectfully submilled, Date: r9t!OAU o;l:J::Jc:) Cindy S. Co y, Esquire HOWETT. ISSINGER & 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Licia M. (Scout) White IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LlCIA M. (SCOUT) WHITE, ) Plaintiff ) NO. 96.470 ) v. ) CIVIL TERM ) DOUGLAS E, SCOUT, ) CIVIL ACTION. LAW Defendant ) IN CUSTODY CERTIFICATE OF SERVICE I, Cindy S, Conley, Esquire, counsel for Licia M, (Scout) White, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Withdmw Petition for Pennission to Relocate was served upon John J, Connelly, Jr., Esquire, counsel for Defendant, Douglas E. Scout, by depositing same in the United States mail, first class, on January 24. 2000. addressed as follows: John J. Connelly, Jr., Esquire JAMES. SMITH, DURKIN & CONNELLY 134 Sipe Avenue Hummelstown, PA 17036 Date: cfltltVlV "..{2Jf) J/c Cindy S. Co ey. Esquire HOWETT. KISSINGER & 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234.2616 Counsel for Plaintiff, Licia M. (Scout) White .... So< i ~:!i S ~~~ .... .... .... 6l; ~ .... ~ ... on Qj ~ ~~ ......a-:9 .... ~I .otIS ~I' ~~~~~ :tl ~ =... ~ - i:::l .; a . III ~ c: . ~~ ~I . <<II fll.~ ~ ~.... ~ 1M <<Ii ~:l!~ ~~o~8 tl~ s ..- ~ ~~~ ~c. I ~j~~] ~ . ~iilll~l! r.:I r.:I ~ .~ . :l! IE: ~ :~~ :!i ~ ..:I . . , 1~lu '. ,., '1/11" . LICIA M. (SCOUT) WHITE, . IN THE COURT OF COMMON PLEAS OF . plaintiff/Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 96-470 CIVIL TERM . . . DOUGLAS E. SCOUT, CIVIL ACTION - LAW Defendant/Respondent . IN CUSTODY . CRDER OF caJRT AND NCIl, t . consideration of the a and directed as follows: day of , 2000, upon CUstody Conciliation Report, it is ordered A Hearing is in Court Room No. , of the cumberland County Court House, on the day of , 2000, at o'clock, _.m., at which time testimony will be taken. For purposes of this Hearing, the Mo er, Licia M. White, shall be deemed to be the moving party and shall proc nitially with testimony. Counsel for the parties shall file with the Court d opposing counsel a Memorandum setting forth each party's position on cust , a list of witnesses who are expected to testify at the Hearing and a sunmary of the anticipated testimony of each witness. These Memoranda sha be filed at least 10 days prior to the Hearing date. cc: ~ -). ,,"--- /' ....,-, ----- , BY THE COURT, -. , "' -6' . l...-, 'i .x-- J..-' ~ <:) - c, <:?,1~ '- ~.' --z..- J. c-:;. ~, ~ ':':'-":' ~ <.., - J~ ' Cindy S. Con ey, Esquire - Counsel for Mother )) j;- U/lG.:... ''''~ - 8' - ()() John J. connelly, Jr., Esquire - Counsel for Father k-~.' I LI')__~~. ) I // p'; I ,j~!' i/<, (:ll - !~ f-i /C- I ; . LICIA M. (SCOUT) WHITE, : IN THE COURT OF COfoIMC1\I PLEAS OF Plaintiff/Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 96-470 CIVIL TERM . . DOUGLAS E. scour, . CIVIL ACTION - LAW . Defendant/Respondent . IN CUSroDY . PRICR JUDGE: George B. Hoffer CUSl'CJDl( CXtiCILIATIOO 5U'IMARY RBPCRT IN ACXXJUll\NCB WITH aJ1BBRLAND cxumr RULB OF CIVrL PROCBIXJRE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: ~ DATE OF BIRTH CURRFHl'Ly IN aJSTODY OF Courtney L. Scout January 27, 1991 Mother 2. A Conciliation Conference was held on January 12, 2000, with the following individuals in attendance: The Mother, Licia M. White, with her counsel, Cindy S. COnley, Esquire, and the Father, Douglas E. Scout, with his counsel, John J. Connelly, Jr., Esquire. 3. This COurt previously entered an Order in this matter on February 20, 1996 under which the Mother had primary physical custody of the Child and the Father had partial custody on alternating weekends, 2 evenings per week and additional time in the surrrner and on holidays. The Mother is planning to relocate with the Child to Florida and filed this Petition for approval. After an extensive Conference addressing detailed custody arrangements for primary custody, partial custody, holidays, legal custody, transportation, costs, telephone access, and jurisdiction, the Father requested that the matter be held open for an additional 2 days so that he could further consider the arrangements. Subsequently, the Mother's counsel contacted the COnciliator to advise that disputes had arisen with respect to the arrangements discussed during the Conference and therefore it will be necessary to schedule a Hearing. 4. The Mother's position on custody is as follows: The Mother stated . " that her husband, who works for the Internal Revenue Service, requested and received a transfer to Florida effective January ::10, 2000. The Mother indicated that it is likely her Husband would have been transferred to another state even if he had not requested relocation to Florida. The Mother and her husband have listed their home for sale in Pennsylvania. The Mother further indicated that most of her extended family resides in Florida and she has wanted to move to Florida for many years. The Mother believes that it is in the Child's best interest to move to Florida to reside with the Mother and her husband. 5. The Father's position on custody is as follows: The Father believes the Mother's relocation is based solely on her desire to live in Florida which resulted in her husband's voluntary relocation of employment. Under the existing custody order, the Father had frequent contact with the Child who will be 9 years old this month. The Father wants to maintain his ongoing contact with the Child and does not believe the Mother's desire to live in Florida outweighs his ongoing involvement in the Child's life. The Father believes it is in the Child's best interest to continue to reside in Pennsylvania with him. 6 The conciliator recommends an order in the form as attached scheduling a Hearing in this matter. It is expected that the Hearing will require at least one full day. Due to the fact that the Mother's husband will begin employment in Florida effective January 30, 2000, the Mother requests that the Hearing be expedited. JIl~"(j Date II. '+000 . /J. ~.LL-.nl~_ Dawn s. sunday, Esquire Custody Conciliator J . LICIA M. (SCOUT) WHITE, Plaintiff/Petitioner IN TilE COURT OF c:a1MOO PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA vs. NO. 96-470 CIVIL TERM IXXJGLAS E. SCOUT, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY OOOER OF <XXlRT AND tUf, this consideration of the attached and directed as follows: day of , 2000, upon Custody Conciliation Report, it is ordered A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of , 2000, at O'clock, .m., at which time testimony will be taken. For purposes of this Hearing-;--the Mother, Licia M. I~hite, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a sunmary of the anticipated testimony of each witness. These ~Iemoranda shall be filed at least IO days prior to the Hearing date. BY THE COURT, J. cc: Cindy S. Conley, Esquire - Counsel for Mother John J. Connelly, Jr., Esquire - Counsel for Father . . . -C' . .1 LICIA M. (SCOOT) WHITE, . IN THE CXXJRT OF CCXolMOO PLEAS OF . Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 96-470 CIVIL TERM . . . lXlUGLAS E. SCOOT, . CIVIL ACTION - LAW . Defendant/Respondent . IN CUSTODY . PRICR JUDGE: George B. IIoffer aJSTOOY CXH:ILIATION SlB!I\RY RBPCRT IN ACO:IlDlINCB wrm cnmmLAND CXXBl'l!' RULE OF CIVIL PRO '.." (JRB 1915.3-8, the undersigned CUstody Conciliator submits the fOllowing report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH alRRENTLY IN CUSl'OOY OF Courtney L. Scout January 27, 1991 Mother 2. A Conciliation Conference was held on January 12, 2000, with the following individuals in attendance: The Mother, Licia M. White, with her counsel, Cindy S. Conley, Esquire, and the Father, Douglas E. Scout, with his counsel, John J. Connelly, Jr., Esquire. 3. This Court previously entered an Order in this matter on February 20, 1996 under which the Mother had primary physical custody of the Child and the Father had partial custody on alternating weekends, 2 evenings per week and additional time in the sumner and on holidays. The Mother is planning to relocate with the Child to Florida and filed this Petition for approval. After an extensive Conference addressing detailed custody arrangements for primary custody, partial custody; holidays, legal custody, transportation, costs, telephone access, and jurisdiction, the Father requested that the matter be held open for an additional 2 days so that he could further consider the arrangements. Subsequently, the Mother's counsel contacted the Conciliator to advise that disputes had arisen with respect to the arrangements discussed during the Conference and therefore it will be necessary to schedule a Hearing. 4. The Mother's position on custody is as follows: The Mother stated r , that her husband, who works for the Internal Revenue Service, requested and received a transfer to Florida effective January 30, 2000. The Mother indicated that it is likely her Husband would have been transferred to another state even if he had not requested relocation to Florida. The Mother and her husband have listed their home for sale in Pennsylvania. The Mother further indicated that most of her extended family resides in Florida and she has wanted to move to Florida for many years. The Mother believes that it is in the Child's best interest to move to Florida to reside with the Mother and her husband. 5. The Father's position on custody is as follows: The Father believes the Mother's relocation is based solely on her desire to live in Florida which resulted in her husband's voluntary relocation of employment. Under the existing custody Order, the Father had frequent contact with the Child who will be 9 years old this month. The Father wants to maintain his ongoing contact with the Child and does not believe the Mother's desire to live in Florida outweighs his ongoing involvement in the Child's life. The Father believes it is in the Child's best interest to continue to reside in Pennsylvania with him. 6 The Conciliator recOlllllends an Order in the form as attached scheduling a Hearing in this matter. It is expected that the Hearing will require at least one full day. Due to the fact that the Mother's husband will begin employment in Florida effective January 30, 2000, the Mother requests that the Hearing be expedited. In,,,,, "1 Date fl. ~'-r.~- Dawn S. Sunday, Esquire CUstody Conciliator II, &-e-oZl . . , LICIA M. (scoor) WHITE, . IN THE COURT OF cn-\folOO PLEAS OF . Plaintiff/Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA . . . va. . NO. 96-470 CIVIL TERM . . . DOOGLAS E. scoor , : CIVIL ACTIOO - LAW Defendant/Respondent : IN CllS'roDY aIDER OF <XXlRT IlND lUf, this consideration of the attached and directed as follows: day of , 2000, upon CUstody Concpiation Report, it is ordered A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of , 2000, at o'clock, .m., at which time testimony will be taken. For purposes of this Hearing~he Mother, Licia M. lfuite, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a sumnary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. BY THE COURT, J. cc: Cindy s. Conley, Esquire - Counsel for Mother John J. Connelly, Jr., Esquire - Counsel for Father -A ',I r.ICIA M. (sccxrr) WHITE, Plaintiff/Petitioner IN THE CXXJRT OF ~ PLEAS OF : CUMBERLAND CXXlNTY, PENNSYLVANIA . . . . vs. : NO. 96-470 CIVIL TERM DOUGLAS E. sccxrr, Defendant/Respondent . . : CIVIL ACTION - LAW : IN CUSTODY PRICR JllDGE: George E. Hoffer aJS'lOOr <XH::ILIATION SlMlARY REPCRT IN ACXDUlANCE WITH CDIIlERLAND CXllmY RULE OF CIVIL PROCEIlORE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: ~ DATE OF BIR'.m CllRREm'LY IN aJS'lOOY OF Courtney L. Scout January 27, 1991 Mother 2. A Conciliation Conference was held on January 12, 2000, with the following individuals in attendance: The Mother, Licia M. White, with her counsel, Cindy S. Conley, Esquire, and the Father, Douglas E. Scout, with his counsel, John J. Connelly, Jr., Esquire. 3. This Court previously entered an Order in this matter on February 20, 1996 under which the Mother had primary physical custody of the Child and the Father had partial custody on alternating weekends, 2 evenings per week and additional time in the SWll11er and on holidays. The Mother is planning to relocate with the Child to Florida and filed this Petition for approval. After an extensive Conference addressing detailed custody arrangements for primary custody, partial custody, holidays, legal custody, transportation, costs, telephone access, and jurisdiction, the Father requested that the matter be held open for an additional 2 days so that he could further consider the arrangements. Subsequently, the Mother's counsel contacted the Conciliator to advise that disputes had arisen with respect to the arrangements discussed during the Conference and therefore it will be necessary to schedule a Hearing. 4. The Mother's position on custody is as follows: The Mother stated ~ -' \ that her husband, who works for the Internal Revenue Service, requested and received a transfer to Florida effective January 30, 2000. The Mother indicated that it is likely her Husband would have been transferred to another state even if he had not requested relocation to Florida. The Mother and her husband have listed their home for sale in Pennsylvania. The Mother further indicated that most of her extended family resides in Florida and she has wanted to move to Florida for many years. The Mother believes that it is in the Child's best interest to move to Florida to reside with the Mother and her husband. 5. The Father's position on custody is as follows: The Father believes the Mother's relocation is based solely on her desire to live in Florida which resulted in her husband's voluntary relocation of employment. Under the existing custody Order, the Father had frequent contact with the Child who will be 9 years old this month. The Father wants to maintain his ongoing contact with the Child and does not believe the Mother's desire to live in Florida outweighs his ongoing involvement in the Child's life. The Father believes it is in the Child's best interest to continue to reside in Pennsylvania with him. 6 The Conciliator reccmnends an Order in the form as attached scheduling a Hearing in this matter. It is expected that the Hearing will require at least one full day. Due to the fact that the Mother's husband will begin employment in Florida effective January 30, 2000, the Mother requests that the Hearing be expedited. In_,. "0 Date I,. .+o-O'Zl . /l,.~~4;,- Dawn S. Sunday, Esquire CUstody Conciliator a: alO .m i a.~ 'Z ':1 'Eo 11l'" "fi~ .- ::> CCo o e: } , . ... to) ~ l'2 I"i , >. ::l 21 ~ 8~~ 8:.. ..;.!.t1Ul U) . ~~:c '" ..... \" .. f '.'J' w a: "'M ::>- g~ w- en", ::>11. o ' J:~ >-en a:- ::>-' oa: o~ w z o , ." '. , ~ "f .. r \ ,. f...,,:....":,.. -,' ',,: . -t, k, '. \ , , I ~ J j . I ., l , I, i I I a: WI? ~"" Wa: ii:lii 'Z "")- :! "Eo Ill"" .c... ua: '- :> cto u , e J ~ >.~ !:i wboCfi ~Ulal , 8~>c1 . ,:j .B i;~i '.: '. . , . ...."".. " .t . 'j:' w a: "" :>M 0- tllR w- en"" :>0. O. i:~ a:!!l :>..J 8~ w z o ~ '. ... . .~ ". ~', I , . .ti ""10 ~.... ~ . ; I ,\' I 1,- .,,' -r: ." -. -, . . , I I , , \ <. I r ,c' H . I I, t , , ' . . " ". : I I , i , I:' ,