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Home My WebLink About97-06036 c il; " i I l" ~ } '/ r " e " " <" (~,,-) , " i~ " i\ " .:..:. -:.:.. :.-;. -:.:'. -:.:. .;.;. .:.:. .:<<. .:<<. .:<<. .:<<. -:.:. :.:- -:.;. .:.:. -:.:. -:.:. -:.:. -:.;. .:.;. :. .:.:. .;.:. .:.:. -:+:.:.;. -:.;. .:<<. -:.c. ':C-' 11 . ." ..... .", 18 i~ ~ ~, -.."..,. , ~. , \ ~ ~' '. .' PLEAS IN THE COURT OF COMMON ~ ~ 8 8 ~ ~ 8 ~ 8 e 8 8 " ~ !' ~, ~\ III ./ ill , , , / ~) OF CUMBERLAND COUNTY STATE OF ~~ PENNA. 8 ,;, " BRIAN P. REES, N II. 97,:"60?~..... ".,,,,,,,,, IlJ ~} ill I , / ~ ~ Plaintiff Vl'I'.-itl.; MICHELLE R. REES, Defendant ~ ~~ ~ ~ 8 8 ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ ~ ~ 8 , . J. (,8 8 ~ ~ -:.:. -:+:- .:.:.' ~.:.-- .:.:: -:>>::";"';-:i>--..-.rJ tit ~ DECREE IN DIVORCE ,;, " :1 ~ ~ 8 ~ ~ ~ 8 ~ooo AND NOW, ' , , , , , , , , , ,"1~, . " ,~.9 ~, " ~.,"". it is ordered and decreed that, , , . , , , ,,~RIAN ,P., .REES, .,." , ,.' , . , , , .".".". ". plaintiff. and, , , , . , , " , , , , , , , , . ~~CHEL~~, R:, ~ES. , , , , , , , , , , , , , , , , , , , , . '. defendant. are divorced from the bonds of matrimony. The court retllins jurisdiction at the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ r.. ~ NtfA)€ .......... .... ............. ........... ..... ..., ............ .......... ~ ,;, " ~ " ,;, ~ ~ .......... ........ .... .......... ......... IlV~h Cllurt,) ~ ,11 ,bit-. AlIe,l: '?t ~ ~ ~I ~,-:--"-;:""-;,:",-,-;,;,,,,,:,,; ;......., ., ., .. .~~. .z. .z. .>>~. .jf'.. .>>~. ..... .>>~. ....~. ...... '~.' ...~. ..... ..... ..... ..... .'... Prothonotary .:+;. .:+;. -:.;. .:.:. JclY'a;J~~ "'~ ~4~~ J.~~~";'~~d~~ SHIAN P. HEr::>, Plaintiff IN TilE COURT Of' COHHON PLEAS . . : CUMBERLAND COUNTY, PENNSYLVANIA VS. . CIVIL DIVISION . . MICHELLE R. REES, . . NO. 97-6036 CIVIL TERH 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 53]01(cl J;OO(](f;Q:(m){ of the Divorce Code. (Strike out inapplicable $ectionl. 2. Date and manner of service of the complaint: Oct. 31, 1997, US Certified Mail. Return Receipt Requested, Restricted Deliver. postage prepaid. 3. Complete either paragraph (al or (bl. (dl Date of execution of the affidavit of consent required by 53301(cl of the Divorce Code: by plaintiff March 23. 2000 by defendant March 23. 2000 (bl(ll Date of execution of the affidavit required by S]]Ol(dl of the Divorce Code: : (21 Date of filing and service of the plaintiff's affidavit upon the raspondent: 4. Related claims pending: ALl. r.TATM!'l ~Ji:1''I'I.F.n 5. Complete either (al or (bl. (a) Date and manner of service of the notice of intention t~ file praecipe to transmit record, a copy of which is attached: (b) Do!!te pla~ntiff' s Wo!!iver of Notice in 53301(cl Divcrce wo!!s filed with the Prothonotary: '?:,. Z 1 >J '" Date defendant's Waiver of Notice in 5]301(c) Divorce was filed with the Prothonotary: 1-,'3. ~ II " " '>- If) ~ S u: ~': ::J . ~ q;]! ,. ~ '- "C , ':)~ , , 7~ .') '-rn ~-~ " N J_ 1:2 c: "{lil " ...~ :, u. ~ ~. I ~ . 0 :5 , 0 (J " '/ \J'i '.,,' ~ . ~ ~ .. ~ t~ -e ~ r 8..~ ~ () N) r0 " 0 8 IJ) ":t' - .' Ln ~ ~ ~ " . . , ' . . 0 R ~ ~ 00 0 ~ " t '-' , \-- . .. OJ . , .' \~' :.. Ii . . . . (~CT 3 1 1997 BRIAN P. REES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO, q7- lc0310 CL,,~Tt:..((Y'\ MICHELLE R. REES, Defendant : IN LAW - DIVORCE and CUSTODY ORDER OF COURT AND NOW, \ \ I \ <>- \ '-1'\ ,upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before HIt \1u~ \ L. &n{J':.., e~. the conciliator, at (")\ \5<fl,\~ (c,ofJ'tl\\. ~, on the ~ day OOT'JI~, 19~C:.. ' at Ill'JO Q,m., for a Pre-Hearing Custody Conference. At such confere ce, an effort will be made to resolve the Issues in dispute; or if this cannot be accomplished, to define ana narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conferen~e may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator (Th 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOR.D ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YCV CAN GET LEGAL HELP. Court Administrator's Office FOurLi Floor Cumberland County Court House I Courthouse Square Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 '% . .~: r ~f\j:(~T.:~ '. ." "')1~;F.'( ('1/'''' l ,.. '17 /"/' l:" ." I"!j'j ,: ,,2 CU''.:''I: ' , '" .~ ...F' ',J ' "ITY P::~I\!"'","\ ..... :--1_,' U\l\\j.l.,.~V/\ Ill"/'~/ t1J. {~~~iJ/ Z 4 ~U II-/J!l"'J ~./JI~ ?; /fT. /(./").9) t~ ~/:.e~ 1'1. ~ /~ . :( '. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN p, REES, v. : NO. MICHELLE R. REES, Defendant : IN LAW - 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 ma) 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 relief requested in these papers by the Plaintiff. You may loose moaey or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable brear.down of the mar~iage, )ou may request marriage counseling. A li.t of marriage cour.selors is dvailable in tile Office of the Prothonotary, First Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator's Office Fourth Floor Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 Plaintiff : IN THE COURT Of COMMON PLEAS Of : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN P. REES, v. : NO. C)'? - I';o:it., (I, u. / [;:01. MICHELI.E R. REES, De fe ndant : IN LAW - DIVORCE AND NOW COMES the Plaintiff, Brian P. Rees, by his counsel, William L. Grubb, Esquire, and complains of the Defendant, Michelle R. Rees, as follows: COUNT I COMPLAINT UNDER SECTION 3301 Cc) OR 3301 Cd) OF THE DIVORCE CODE 1. Plaintiff is Brian P. Rees, who currently resides at 445 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Michelle R. Rees, who currently resides at 445 Meadow Dlive, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 17, 1991. at Erie, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6, Neither party is in the Armed Services of the United States or its allies. 7. The mMriage b irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Pla,ntiff right to request that the Court require the parties to participate in may have the counseling. 9. WHEREFORE, Plaintiff requests the ('ourtto enter a Decree of Divorce. COUNT II COMPLAINT FOR CUSTODY 10. Plaintiff incorporates the allegations of paragraphs 1 through 9 by reference as if set forth at length herein. 11. Hill, PA. The Plaintiff is Brian P. Rees, residing at 445 Meadow Drive, Camp 12. Camp Hill, The Defendant is Michelle R. Rees, residing at 445 Meadow Drive, PA. 13. Plaintiff seeks custody of the following child: ~ Prese.lt Residence ~ Melissa R. Rees 445 Meadow Drive. Camp Hill, PA 5 The child was not born out of wtdlock. The child is presently in the custody of Michelle R. Rees, who resides at 445 Meadow Drive, Camp Hill, Pennsylvania. During the past tive years, the child has resided with the following pf.fSOns and at the following addresses: Persons Address ~ Brian & Michelle Rees, 1017 Brown Ave" Erie, PA birth - 1/95 Brian & Michelle Rees. 992 Juniper Dr. Girard. PA 2/95- 2/97 Hrian & Michelle Rees. 445 Meadow Drive, Camp ~1iI1. PA 3/97- present The mother of the child is Michelle R. Rees, currently residing at 445 Meadow Drive, Camp Hill, Pennsylvania. She is married, The father of the child is Brian p, Rees, currently residing at 445 Meadow Drive. Camp Hill, Pennsylvania. He is married. 14. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons: ~ Relationship None 15, The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons: ~ Relationship None 16. Plaintiff has not participlited as a party or witness. or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number. and its relationship to this action is: None Plaintiff has no information of a custody proceeding concerning the child pendir.g in a cou~t of this Commonwealth. The c.ourt, term and number. and its relationship to this action is: None Plainliff docs not know of a person not a party to the proceedings who 11as physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: None 17. The best inlerest and permanent welfare of the child will be served by granl:ng the relief requested because Mr. Rees, a.) is able to provide for and care for the child, b.) seeks a continuing active roll in the child's life, c.) and that the child has formed a relationship with him. d.) it is in the child's best inlerestthat custody be awarded to Mr. Rees. 18. Each parenl whose parental rights to the child has 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 vi~i~tion of the child will be given notice of the pendency of this action and the right to intervene: ~ Address Basis of Claim None WHEREFORE, plaintiff requests the court to grant custody of the child, Respectfully submitted, wo -' J!bJL William L. Grubb, Esquire J.D. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff Date: 11.)1 '2 ~/Cf1 VERIFICATION I. BRIAN P. REES. verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. A 4904. relating to unsworn falsification to authorities. ; (--:J ' .) /) )."'\_IIC ~, ".Q.~ j Brian P. Rees. Plaintiff Date: ~;:( (~ I 9'7 I (I ~j " CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB. Esquire. certify that I have served a copy of Ulf~ foregoing document on the individual listed below by depositing the same in the United States Mail. Certified. Restricted Delivery. First Class, postage prepaid. at Carlisle. Pennsylvania: Michelle R. Rees 445 Meadow Drive Camp Hill. PA 17011 (r' Date: 161:1 0((1, _t>>~o / ~ ~ Q.f William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill. PA 17011 \, t; L -. -,,,,,,.,. ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BR rAN P. REES. v. NO. 97-6036 MICHELLE R. RE~S, Defendant CIVIL ACTION - IN DIVURCE APrIDAVIT or CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on October 30, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. ~~p Q~ BRIAN P. REES, Plaintiff 3-..2 3.('.0 Date ~ tr> l; , ti"; ::; .,. " ,. J;l , " ....,; )~ " ,....) ~.i.f) ,-.! ')7- co; 'j~ ...... ':.qa. ;.: -'. I. e> :.> , c."J U ~. " (" " ~. I, . ~.. , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN P. REES, v. NO. 97-6036 MICHELLE R. REES, Defendant CIVIL ACTION LAW IN DIVORCE WAIVIR OP NOTICI OP INTINTION TO RBQUBST INTRY OP DIVORCB DBCRIB UNDBR I 3301(0) OP THE DIVORCB COOS 1. I consent to the entry cf a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify tl.at the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn ialsifica- tion to authorities. g',J'J (,Ci Date '~MC- P BRIAN P. REES, p()~..a-/ Plaintiff - .,.. tJ') ~ r; U"'. I::. :-:> , - '-lii - ,~)1;: '-- -.....,:;... - _....02 ,:,-) " (I) ('0: 'J:'-:": . ,"'-.:' c_~. '~'Im . ,;10... ;.;.: -,2 C> 3 0 I I II ~ In ~ i.~ Jr. I:: ~.-) ;i; ~ I , C)- , ", ()..~. .: ~)~ :1' ,"'J -'r./) , (-, 1.2 ~. 'fi?n ...: 'I 1 a.,. -- ~ ;E '-.. C.J a _. 0 , i .~';"'_a...__ .~_3."'ond", I .,.. W'CU name... -*hie on the ~ oIlNIlDrrn 10 INIl: WI CM rei",," _ID_ .AMcft.. bm ID" front oI1helNllpleot, Oft on hi bltck If IIIPaot ctHI noli , .e;::!-RIUn ~ AIqiI ..~ on '" rnIIIItc:e bIIow... IItidI nurrGeI. . -n. fWum RIOIIpI.. Ihow 10 wham till Mtdt ... ~ and !he <1M -. i,a ",<""" ;.12..." 4'1.5 M\mDI:lc.cJ ~;v.r C/),,,,,I' I-t-:lL fh. lIu II I ... wWt to ....... lie IIlIowtng IIMoet (lor III IllIIll 1M): I. a Addt.......__ ~ 2)11 ReolrtclId DeIMly ! ConouIt poI-, for 1M, f 4a..;:jN3!' e I ~ 0 ~ 411, OMce Typo I o Aogiotorld )r CerllfIed ~ o Exp,... Mall 0 1- 1 Rolum Rocoipl for __. 0 COD II 7. Dat. 01 Dallve<y .. 0- 1- f' > I 8, Ado,_'o Ado'OII (Only 11'_1<<1 t MId IN. pMJ) ~ I JI '~-9'-B-OIT\ll Exhibit" A .. tl\41v\r.....A.\11.tJ BRIAN P. REBS, I IN THB COURT OF COMMON PLEAS OF Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I qr7- uO~ v. I NO. I MICHBLLE R. REBS, I IN LAW - IN DIVORCE Oefendant I JUrS1fl:R lUfD COUNTER CLAIM JUrD .ON, comea the Defendant, by and through her attorney., Stone LaFaver , Stone, and files the following Answer and Counter- claim, averring as follows: ANSHER COUNT I - COMPLAINT UNDER SECTION 3301 (C) OR 3301 (D) or THE DIVORCE CODE 1. Denied. Plaintiff moved out of the marital residence on October 13, 1997, thereby abandoning both his wife and hi. child. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. " -1- WBBREPQRE, Defendant prays that a Decree be entered divorcing the said Defendant, Michelle R. Rees, and the Plaintiff, Brian P. Rees, from the bounds of matrimony heretofore contracted between them. COUNT II - COMPLAINT POR CUSTODY 10. Responses to Paragraph one (1) through nine (9) are incorpo- rated by reference as if set forth at length herein. 11. Denied. Plaintiff moved out of the marital residence on October 13, 1997, thereby abandoning both his wife and his child. Plaintiff is now residing in Hanover with his new girlfriend, and receiving mail at a Post Office Box in Hanover. 12. Admitted. 13. Neither admitted nor denied. Plaintiff is seeking custody through his complaint; however, Defendant is counterclaiming that she is the appropriate parent to which majority physical cus~ody should be awarded. I~ is admitted that the child currently resides with the Defendant at the marital residence, and that the listed past addresses are accurate. It is denied that the Plaintiff currently resides with the Defendant. Plaintiff effectively abandoned the Defendant on October 13, 1997, when he left the marital residence to go live with his girlfriend in Hanover. -2- 14. Denied. Plaintiff currently re.ide. in Hanover with hi. new girlfriend. Plaintiff currently receive. mail at a po.t Office box in Hanover, PA. 15. Admitted. Defendant and the child live at the marital re.idence. 16. Admitted. 17. Denied. The best interests of the child would be to allow the child to remain in the custody of the Defendant/Mother, and to allow the Plaintiff liberal visitation rights. lB. Admitted. WHBREFORE, Defendant requests your Honorable COurt to grant majority physi~al custody to the Defendant, subject to Plaintiff's minority phy~ical custody rights of the minor child. COUNTERCLAIM COUNT III - Reque.t for a Fault Divorce Under 5 3301(a)(2) of the Divorce Code 19. Paragraphs one (1) through eighteen (lB) of this complaint are incorporated herein as if fully set forth therein. 20. The Plaintiff has committed adultery during this marriage and has admitted the same to the Defendant. WHBREFORE, Defendant respectfully requests that the Court enter a Decree of Divorce, pursuant to S 3301(a)(2) of the Divorce Code. -3- COURT IV - Reque.t for a Fault Divorce UDder . 3301(a)(6) of the Divorc. Code 21. Paragraphs one (1) through twenty (20) are incorporated herein as if fully set forth therein. 22. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Defendant, the innocent and injured spouse, the Plaintiff, in violation of the marriage vows and the laws of the Commonwealth, has offersd such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. 23. This action is not collusive, as defined by S 303 of the Divorce Code. 24. Defendant has been advised of the availability of coun- seling and that plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. WBBRBFORB, Defendant respectfully requests that the Court enter a Decree of Divorce, pursuant to S 3301(a)(6) of the Divorce Code. COUNT IV - Request for Equitable Distribution of Marital Property under S 3502(a) of the Divorce Code 25. Responses to Paragraphs one (1) through twenty-four (24) are incorporated herein by reference as though set forth in full thereto. 26. Through the duration of this marriage, Defendant contributed considerable time, effort and financial resources to the acquisition of ~rital property, which the parties now possess. -4- 27. The Plaintiff and Defendant have acquired property both real and personal during their marriage until the date of their separation. 28. The Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREPORE, Defendant prays for the entry of an order distributing all the aforementioned property real and personal as the Court may deem equitable and just plus costs. COUNT V - ALIMONY AND ALIMONY PENDENTE LITE, COUNSEL PEES, COSTS AND EXPENSES 29. Responses to Paragraphs one (1) through twenty-eight (28) are incorporated herein as if fully set forth therein. 30. The Defendant, Michelle R. Rees, requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 31. The Defendant, Michelle R. Rees, requests the Court to allow alimony and alimony pendente lite as it deems reasonable pursuant to S 3701 and S 3702 of the Pennsylvania Divorce Act. WHEREFORE, the Defendant requests your Honorable Court to enter and award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. -5- COUNT VI COUNTIR COMPLAIRT FOR MAJORITY PHYSICAL CUSTODY 32. Responses to Paragraph one (1) through thirty-one (31) are incorporated by reference as if fully set forth at length therein. 33. The Defendant seeks primary physical custody of MELISSA R. REES, who is five (5) years old, having been born on January 6, 1992. The child resides with her mother, the Defendant, Michelle R. Rees, at 445 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. The child was not born out of wedlock. 34. Defendant, Michelle R. Rees, is the biological mother of the child, Melissa R. Rees. 35. The Defendant seeks shared legal custody of the child with the Plaintiff. 36. The Defendant also seeks primary physical custody of the child subject to the Plaintiff's minority visitation and physical custody rights. 37. The child is presently in the custody of the Defendant, since the Plaintiff abandoned them on October 13, 1997. 38. The best interest and permanent welfare of the child will be served by granting the relief requested because; (a) The child has resided with the Defendant/Mother since birth who has provided a continuous living and loving relationship with the child; -6- (b) The mother is able to provide a stable home and family type environm~nt for the child allowing the child opportunity to epend time with the child'. fatherl (c) The mother has always been a stay at home Mother and seeks to ccntinue that relationship with the child. WBBRlFOKl, the Defendant prays upon thie Court to award the her with primary physical custody and shared legal custody of ths minor child. Respectfully s~bmitted, STONE LaFAVER , STONE / ELIZApB TONE, ATTO.RN!Y AT LAW Supr Ct. No.~60251~ 4 Bridge Stre~, 1".0. Box E ew Cumberland, ~A 17070 (717) 774-7435 :' ) Attorneys for Defendant -7- ! -0 "" ~. - ">- <:1 ?:; a ~ C'6 0; 0- t::--: i':; -., ... G ~ r, ; ~l ;... r'" ('Cl ,., 'J ., ~ If) " ..- .. " L~l .. ~ ," ,'r .) "1\. c , li4 J t(. " , -, 'J ,J f.:..'. ( '--' . :-:'j ". r- (.) ..,' u :>- 1'- 1'0 C .-, , t:: r-.J ; .~ II" , -' -, ~ I. oU '- '. ., f, o. " r::, ; " C' ('oJ . , I L.:: ' Cl ,i((J I 'C- I L; I, ,.... ~ ',) , L' en , ) \\ I. 11" " /) j/ f '. ~ . ~ ~ ~ - III ;; I) !: ~~n ...I ~ E ~ )0 -I ~Sp i 5. ;f i! pa ~ [0 , . .... t .,. -'. '..... ,,', II, i . ( , ! vs, ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BRIAN p, REES. PlaintilT NO. 97-6036 CIVIL ACTION MICHELLE R, REES, Defendant IN LA W - DIVORCE AND CUSTODY AND NOW, this ~ ~ ORDER day of "J~'''~' 1998. upon re~eipt of the Con~iliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order whi~h was di~tated in their presen~e and approved by them and their ~ounsel, it is hereby ordered and directed as follows: \, The parties shall share legal custody of thcir minor child, Melissa R, Rees. d.o,b, January 2, 1992. 2, Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A, Father shall have the child at least one weekend per month up to a schedule that provides him with every other weekend. The times and dates that he intends to exercise these periods of visitation shall be agreed upon by the parties. 3, The parties shall evenly share the following holidays: Easter. Christmas, and Thanksgiving, The parties will agree upon the times at which the transfer shall occur, > ,- ,'~ (~ ..... : ':", { ~J .'t'\ ~J.j ;" '..\~'i~ 09 !' v-."\ ~ ' r-,tY t ':'-.'~, <1\::' . t" I' vs, ) ) ) ) ) ) ) IN TJlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN P. REES. Plaintiff NO, 97-6036 CIVIL ACTION MICHELLE R, REES, Defendant IN LAW. DIVORCE AND CUSTODY JUDGE PREVIOUSLY ASSIGNED: None CIJSTODY CONCILIATION CONFERENCE SIJMMARY REPORT IN ACCORDANCE WITH CUMBERl.AND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8(b). the undcrsigncd Custody Conciliator submits the following r<:port: 1. The pertinent information conccming the child(ren) who is(arel the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY\N CUSTODY OF Melissa R, Rees January 6, 1992 Defendant 2. A Conciliation Confercnce was held on January 8, \998. and the following individuals were present: the Plaintiff and his attorney, William L. Grubb, Esquire; the Defendant appeared with hcr attorney, Elizabeth B. Stone. Esquire. 3. Items resolved by agreement: Scc attachcd Ordcr, 4. Issues yet to be resolvcd: Sce attachcd Ordcr, 5, The PlaintilTs position on custody is as follows: See attached Order, 6, The Defendant's position on custody is as follows: See attached Order, 7. Need for separate counsel to rl'present child(ren): Ncither party requested, OF CUMBERLAND COUNTY STATE OF ~~l PENNA. .:.;. :<<, .:<<, .:<<, .:c. .:C' l' .. ,3 1* ~ ~ 3 * 3 * * * * ~ 8 3 * M ~ .~*.~.~.~.~,*.~.*.~.~.~.~.~,.*.,~.~..*.,~.,~.~.~.~.* ~ ,........ , '.. .. ~i ~\ ~ M " ~ ~ ~ ~ ~ ~ .-;---:-; .....-:--;- -.--.- :.;' ;;.:; .; . '. . . ;. .. ., .~... '." -:,t.' .>>:. .:it.' ..:. ..... '~.' ..... ..... .:.:. ..... ..... ....' ..... Y, ~) , ' ~i ~ ,;, ;:: ,;" ;::1 8 ~ ~ ~ 8 ~ .~ '" <:' ,;, ., ,;, <:' ~ ., ~ ~ ~ -. ~ ~ ~ ~ $ ~ ,;, ., ~ ~ " :, IN THE COURT OF COMMON PLEAS BRIAN P. REES, Plaintiff Nil. 97-6036 ............. 19 Vl'I'..H1S MICHELLE R. REES, Defendant DECREE IN DIVORCE 8 8 . 8 * * ~ ~ * ~ . 8 8 . j 8 , . ... 8 J. 8 ~ . ..... .......v_.. .:.0:. -:.:. .lO;. .;,0:' -lCo .. _ AND NOW, . .. ., ,. ., " ,. . . ,. . . . . . .. . . . " 19,...... it is ordered and decreed that. . . .. ,.. ,IlIlWi ,p" ,RF;T-;ii. . . .. . . . . .. , , , . .. . , .. .. , , , '. plaintiff, and, , . . . , . , . . . . . . . , . . M!~HEL~E. R... REES, , , . . , . , . . , . . . , , . . . , . . " 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 finol order has not yet been entered; ........................... ,..... ....... ,......, .... ,............ . ......., ................... ...... ....... ............ ..,.. ....... Dy The Co u r t : AlI..t, Prothonotary .:.:- -:.:- .:.:. .:.:- .:.:. -:.:- .:.;. -:.:. ~.~ ') \~ ,,' \ ;: <'\, .' ,.o' ,~ ') '\. ; .- ,. ,.. ....'11') \ . L'.o; ,. r. \ I " I ~ I" ,I" ~. , -.iJ , - /J. J. _# ~A...I 7, :2f'.~ &~. ~ 11<4...~ a ~ '7<.;2.f' 'if. ~~ ~ t~. 7 -~t;.~? - /1. . -' t'7 A'a~ 'Ii ~ JOSEPH C, KORSAK ATTORNEY AT LAW 33 NORTH QUEEN STREET YORK. PA 17403 (717) 854-3175 lC(( I' 'yRECEIVED JUL 21 ~ I I I I II II il II I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRlAN p, REES No. 97-6036 v. CIVIL ACTION. LAW MICHELLE R. SCHUYLER CUSTODYNISIT A TION ORDER AND NOW, , upon consideration oflhe attached petition. it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day , of , 2005, lit M, for a Pre-Hearing Custody Conference. At such conference, an effort will be made 10 resolve the issues in dispute; or if this cannot be accomplished, to define IInd narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pernllll1ent order, FOR THE COURT, By: Custody Conciliator 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 fucilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ii I ,. i! BRIAN P. REES No, 97-6036 v, CIVIL ACTION - LAW !: !! i' " ., i' I ;1 !j i! MICHELLE R. SCHUYLER CUSTODYNISIT A TION PETITION FOR MODlFICA TION OF CUSTODY " The petition of Brian p, Rees respectfully represents that on January 22, 1998, an 1. I! ;1 i ~ :j ii i! " II Ii , 'I II " Ii I: il Ij , ~ I :i ii Ii ii Ii ,. ii I !! Ii Ii II II ,I I, I Ii !: Order of Court was entered for custody of Melissa R, Rees, date of birth January 6, 1992, a true and correct copy of whi~h is attached, 2. Since the entry of the order, Petitioner has relocated to 119 Little John Court, Hanover, Pennsylvania. 3. Since the entry of the order, Melissa R. Rees and her mother, Michelle Schuyler (formerly Michelle Rees), have relocated to 1055 West 24'" St" Erie, Pennsylvania. 4, This Order should be modified because: a. Melissa is having significant conflicts with her mother; and, b. Melissa's mother has voluntarily quit her job and is un.::mployed; and, c. Melissa's mother ha.~ taken to excessive drinking of alcoholic beverages; and. d. Melissa has a strongly held desire to return to the Hanover, Pennsylvania, area to be closer to her father and friends. s. Melissa R Rees is currently in the physical custody of the Petitioner. i! JUL-19-2004-MON 07:35 AM HANOVER FOODS MIS FAX No, 717 532 3433 P 005 VllRIII'ICATlON I do ~y,verifythat the stataneot(s) made in the f~1Dg ~'lsI_true end comet. ImulerstaDd that false statemcntah/lnlln IIRI JIlAde subject to theP-Jties oil 8 PLC.S, 4904, re1ating to. unsworn falsification to authorities. Dati:: "J 'o/.l,tJ:lr { ~c.... P RD"'~ Brian Rces . ' , ' .. , ,.........'11 '._U. .R'._'''_.__'~_._'._- U , ~ - \~ l" ...s ~ ~ \ C) \--1) '* \J~ f ~ ').:" I' ~ 1 '\ '\r,-:+' ~~ ... rf; '\ >- .., >- O' N 1- .c:.!..,.. ? '.. ...:r '.-,: ~r f") '-1.1::.-_ ~ 2 (" '- ". 1:-:1- "- t';'t-:. ~,:_I <0 ~, : I:"J ~'~ ':Ju, ", '- --UJ c:::> '" u..o , ~ ....: ., - 15 "" ~j = ~. U '" " ,.j 'I II " I IN TilE COURT OF COMMON PLEAS f)F CUMBERLAND COUNTY, PENNSYLVANIA BRIAN p, REES No. 97-6036 VI. CIVIL ACTION - LAW MICIIELLE R. SCHUYLER (Formerly Rees) CUSTODY PRAECIPE TO DISCONTINUE To The Prothonotary: Kindly rnark thc Pctition filed July 20, 2005, as withdrawn, 0,,,,, ~ \ I' \ oS- By: C. orsak, Esquirc ueen Street Y rk, 17403 ( 17 54-3175 remc Court Id: 22233 i korsaklalbll1Zcnct,nct -,\ , , '~\ '2'::- \, " - ;- - &; - \"- .... r;, .~ "-:" "" (", \.w.... -:-:: (1' u- ' >~. ._c... 1.1_"1 ,.:",. t~.. In ~~ - fl!(\ I ,,, '. .. ::::> \;1- is "'" ,,, 'J \5 <:0 (J ~ , DOCUMENTS FILED BEFORE JULY 21, 2005 ARE NOT SCANNED. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN P. REES No. 97-6036 v. CIVIL ACTION - LAW MICHELLE R. SCHUYLER CUSTODYNISIT ATION PETITION FOR MODIFICATION OF CUSTODY 1. The petition of Brian P. Rees respectfully represents that on January 22, 1998, an Order of Court was entered for custody of Melissa R. Rees, date of birth January 6, 1992, a true and correct copy of which is attached. 2. Since the entry of the order, Petitioner has relocated to 119 Little John Court, Hanover, Pennsylvania. 3. Since the entry of the order, Melissa R. Rees and her mother, Michelle Schuyler (formerly Michelle Rees), have relocated to 1055 West 24th St., Erie, Pennsylvania. 4. This Order should be modified because: a. Melissa is having significant conflicts with her mother; and, b. Melissa's mother has voluntarily quit her job and is unemployed; and, c. Melissa's mother has taken to excessive drinking of alcoholic beverages; and, d. Melissa has a strongly held desire to return to the Hanover, Pennsylvania, area to be closer to her father and friends. 5. Melissa R Rees is currently in the physical custody ofthe Petitioner. - II 6. Petitioner avers and believes that the above cited filets constitute a significant change of circumstances warranting a modification of the existing order. WHEREFORE, Petitioner requests that the Court moduy the existing Order for Custody because it will be in the best interest of the child. Date: 7/18/05 Respectfully Submitted, /' LAW OFFI~ OF OSE C. KORSAK By: (... Jo 33 0 Queen Street Yr PAI7403 h -854-3175 j!:orsak(iDblazenet. net Supreme Court Id: 22233 JUL-19-2004-MON 07:35 AM HANOVER FOODS MIS FAX No. 717 532 3433 P. 005 Vtr.RlFIC4T10N I do hetdJy,verifythat the statemenf(s) made in thcforegoing inslrument'W'are true and __ correct I understand that false statements Iulrein are made subject to thepenalties oilS Pa.C.S. 4904, relJoriflg to, linswo1'll falsification to authorities. Date: (/11~ ( - f1~.... p Poo,~ Brian Rees I , ,.' ""'" "'" --.... . ..,...--.--.--.-. .. -. -"---'" .... 0 e-, C <":'.:..-, ,:":::, '<;~ OJ' ~ ~ r.,'. a ~ ~.:.- c.) ~ () " *t --J - CJ-\ ~ j \..J Ci' ..t , 't' \ -<\ o "\"1 :~ f-ilFl J";' . ,-, (:~ .,;, <<: BRIAN p, REES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 97-6036 CIVIL ACTION LAW MICHELLE R, SCHUYLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 27, 2005 , upon consid"ration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dllwn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechllnicsburll, PA 17055 on Wednesday, Aueus! 31,2005 at 11:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the eonference may provide grounds for entry of a temporary or pennanent order, The court hereby directs the parties to furnish any and all existing I~rotectlon from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearine, FOR THE COURT, By: /s/ Dawn S, Sunday. Esq. Custody Coneiliator .:Y The Court of Common Pleas of Cumberland County is required by law to comply with the Amerieans with Disabilites Aet of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conferenee or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 17) 249-3 166 ~7:" 17 ~w ~-1~ _ ~tl(llv 9/-f;('- L _ ~ ~ '!J;:!lt. .f?l- .6'(:. L ~ y;f ~ hI.;.111 .5/1KL ~ r\\'1<1 1 -\\\\ ,'.)"v ,1 \\ \ 'Ie J ,~\\ 0'..1 " . -,,0\ ~a < ,,~~, -:)\ v.- ...'_':::-',< ,~'_.J...,!::-,...(\\..\ .' -v..V"'" \,-,,~.(\~' ,..... !.....D'''.l-' ..,.......\,\~..\.) .-". ",..p., , - BRIAN P. REES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 97-6036 CIVIL ACTION LAW MICHELLE R, SCHUYLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 27, 2005 , upon consideration of the attaehed Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq, , the eonciliator, at 39 West Main Street, Mechanicsburl:, PA 17055 on Wednesday, Aueust 31, 2005 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis eannot be accomplished, to define and narrow the issues to be heard by tlle court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing l~rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: Isl Dawn S. Sunday, Esq, Custody Conciliator :Y The Court of Common Pleas of Cumberland County is required by law to comply with the Amerieans with Disabilites Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the (:ourt. You must attend the scheduled eonference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~;/:,. . j!.-I~ dJ.. ~w .....C.lql~ $(}-!/"C'- L _ 1. ~ '!J}!lt. Y;- J-e,L .~ p.? '11"':" ~ -rp fl/Kl ~ ~ E-- ~..~ . r os\1 -\\\\ ")\)"" \ r), . .1 \\1.... \, -. '( \ ..,J " ".! , \ .^"v1-:JV \,\-" -;.\ " r-->-"',: \;,._r;:'.-..~). .' "";_~ -, '-J" .~'-" - ~,~"\_A y\ \\...' l~:Y' -"" j.'j(,~:\) . A - I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN P. REES No. 97-6036 VS. CIVIL ACTION - LAW MICHELLE R. SCHUYLER (Formerly Rees) CUSTODY PRAECIPE TO DISCONTINUE To The Prothonotary: Kindly mark the Petition filed July 20, 2005, as withdrawn, D,"" 'I \ 1\ \ 0 S- By: OF JOSEPH C. KORSAK C, orsak, Esquire ueen Street Y rk, 17403 ( 17 54-3175 reme Court Id: 22233 ikorsak@blazenet.net . II " Ii -I.' IN THE COURT OF COMMON PLEAS OI~ CUMBERLAND COUNTY, PENNSYLVANIA BRIAN P. REES No. 97-6036 vs. C][VIL ACTION - LAW MICHELLE R. SCHUYLER (Formerly Rees) C1USTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correet copy ofthe foregoing document was served by first-class mail, postage prepaid upon the folIowing: Michelle Schuyler 1055 W, 24th Street Erie, PA 16502 Dawn Sunday, Esquire Custody Conciliator 39 West Main Street, No, I Mechanic , P A 17055 ~HO\ By: Date: Q ~o -""(Jr, 0; I. ~;;.:. ,- ,L'.'.,L" '-".- ':.( f' .....--'- '4':.' . 0;;; 'fj. ~ G'l - ()'\ :~~~ :) , -c _.... ~ Q, ~::!) -otD -nq <::),0 O~""; .- -~, (,?6 t:{O ..0\ .". ~ '-? - .;:- RECEIVED AUG 17 200Str Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN p, REES vs. 97-6036 CIVIL ACTION LAW MICHELLE R. SCHUYLER Defendant IN CUSTODY ORDER AND NOW, this 15th day of AUl!ust. 2005 ,the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction, The Custody Conciliation Conference scheduled for August 31, 2005 is cancelled. FOR THE COURT, D'~ Custody Conciliator o -c~: r:~:: ~-.~ . ~~ r:;: '~..~ . ...., = = en ;I> c:: Co'? ~ -l if.j~ :gO at! -:,-l"'l. ~:r.:--rl (:;25 :-)rn ~ 1:; '-< CJ:J :;:. ~ &" N c..:t -