HomeMy WebLinkAbout98-00515c
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IN THE COURT OF COMMON FLEAS
OF CUMBERLAND COUNTY
PENNA.
STATE OF 'A!;4
Mark A. Perry
Plai.nti.ff
Versus
Tracie J. Perry
Defendant
DECREE IN
DIVORCE
AND NOW, .......Fe.Iaro.0.-1 . /.i • • • . 19.?.? .• . it is ordered and
Mark A. Perry
decreed that plaintiff,
and . . . Tracie J. Perry , • • • , defendant,
......................
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
None.
......................................................................... .
...................................................
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By The u r t
.i
Attest?L A
u. J.
Prothonotary
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s,ll~PA. EON A MENT AND PROPERTY SETTLEMENT
trl
Thi ma(do wW entered Into this day of November, 1996.
Cumberland County, Pennaylvanla, hereinafter referred to
as' Vife", a d kA Perry, of Cumberland County, Penneylvanla, hereinafter
referred to as "Husband".
been {awfully
WHEREAS, the parties hereto am now Wfe•
end
married to each other an November 7, 1892, I , neYhrania;
WHEREAS, there have been one child, Joshua srry, bom of this marriage
between Husband and Wile, to wit
WHEREAS, the partiee hereto ere now living separate and apart and desire to
enter into an Agreement reepecWV their property rights, regardless of the actual
separation or other character thereof and their other rights, including the Wife's d9M to
support and maintenance;
WHEREAS, both and each of ttw parties hereto have been advised of their legal
rights and the implications of this Agreement and the legal consequences that may and
will ensue from the execution hereof, and each has had the opportunity to consult with
his or her own competent legal counsel Independent of each other;
WHEREAS, each party warrants, as part of the consideration of this Agreement,
that each has fully and completely diolosed all information of a financial nature
requested by the other, and that no information of such nature has been subjed to
distortion or in any manner being miarapresented; and
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P.03
WHEREAS, other then as set forth herein, wide deekes finally and forever to
relinquish all of he rights to be wippwW by the Husband end all of her right of dower,
rights as hdr or surviving spouse or Othewise, actual, orrendy $Weft or indtoate, In
and to the real and Personal property of the hand, now owned by him or which In
the future may be owned by him. and all rights to alimony, alMnony pendenta lite,
counsel foes, or expenses and, other than as setforth herain. Husband lomwise wishes
to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise,
aehmd and c rnmtly existing or inchoate in and to the real and personal estate of the
Wife, errantly owned by her or which she may own in the tunes;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do
thereby mutludly agree as foUcww -
1. Separation. Husband and Wffe do hereby mutually agree and consent to
live separate and apart and do further agree that it shall be lawful for this
Husband and Wife at all times hereafter to live separate and apart from
each other, and to reside, from time to time, at auch plea: or places as
they respecOUlty shall dawn fit, free from any control or restraint or
interference. dyed or Inclined, by each other.
Z No Molesation, Marsasmerd or Intarterwm. Neither party shall
molest, harass or interfere with the other or compel or endeavor to compel
the other to cohabit or dwell with him or her by any means whatsoever.
3. *A W Property and EsMe Waiwr. Except as otherwise w wAly $et
forth herein, in which event such express provision shall take precedence
over this paragraph, the peril" hereto intend that from and aft the data
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of this aavoment, neither shall have any spouse's rights In the property
or satate of the other, and to that and both parties waive, rWdnquW% and
forbear the rights of dower or cAssy, rights to irtwit, rights to claim or
We the Husband or Wife's or femlly exemption or allowance, to be
vostsd with Muni of adminialration or letters teAIMM tart', or to tska
against any will of the outer. and each agrees with the Wwr K either
should dle intestate, his or her share shall descend to vest in his or her
heirs at law, personal repressrtatlves, and need of kin, erodudkhp the other
as though he or she had died s widow or widower. And each further
agrees that should the other die testate, his or her poperV shell descend
to and vest in those persons set forth In the others last Will and
Testament as though the spouse so designated as benefldary had
predeaaaed the testator. The perdu* further agree that they may and
can heteow, as though unmarried, without any Joinder by him or her,
sell, convey, transfer or encumber any and all real estate and personal
property which either of them now or hereafter own or possess and further
agree that the recording of this Agreement shall be condusive evidence
to all of his or her right to do so. The said Husband and Wfe do hereby
Irrevocably Wwvk each to the other, should the swsrcise of this power
hereby given be necusssry, the right and the power to appoint one or
more times arty person or person whom the Husband or Wfe Shall
desigrwte to be the attz;rn& n-feot for the other, in their name and In their
stead, to exacuts and acknowledge any dead or deeds, releases, quit
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claims, or adhfttions, under seat or otherwise, to enable either party
hereto to all"a his or her real or peroonal property, but without any
power to impose personal liability for breach of warranty or othefwfee.
Each d the parties hereto fwdwr wahres any right of election contalned in
Chapter 22 of the Pennsylvania Probate Estates and Fiduelarfae Code,
end arty right to seek or have an equifabie distribution of married property
ordered by the Court subsequent to Section 3502 of the DKWW Code.
Each of the pars hanto further agrees VW neither shall hareattar be
under any legal obligations to support the other, pay any axpensea for
maintenance, funeral, burial, or otherwise for the artier, and to that and
each of the parties hereW does hereby waive any right to receive support,
alimony, alhwW pendants file, eournal fees, wxp wn. or any type of
financial assistance whatsoever from the other, except as otherwise
expressly provided far herein.
4 Child Custody. Child custody Is in accordance with an Order ef Court,
dated August 6. 1M and signed by the Honorable J. Weeley Oler, Jr.
5. Support
M. Child Suocort. There Is presently an Order of Court, dated Marsh
13, 19K In the Domestic Relations office of the Cumberland
County Courthouse dictating child support It is the parties'
present intention to have this order vacated irnmedistely. Upon the
vacation of the said order, Husband agrees to pity all childcare
w9enses, directly to the child care provided, as they relate to
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Joshua. In eacharW for Husband incurring this cost, he will no
longer pay child support directly to Wits. TheMare, Wife agrees
to perform, or have performed on her behalf, and at her wponse,
ell steps necessary to have this Order vacated as anon as is
possible, but not later than 60 days flour the signing of this
Agreement, H at anytime In the fuiture, support is directed to be
paid through the Domestic Relations Office, F udwd will no longer
be solely responsible far chlldown costs. Chiklcane costs will be
ban be ft parties as directed by Domatle Relations
b. IVISdirat Care The partles agree that the children shall be carried
upon the employer sponsored medial insurance pmgrwns
provided to VWeMuvIwd. HusbandVft agrees to pay one half
of any yearly deductible under said plan as well as one half of any
yearly fee assessed to WiraMusberd for the operation of the plan.
The parties fUrtlser agree that any medical or dental expenses for
the children not covered by lnsura=o shall be divided equally
between them. From the signing of this Agreement, each spouse
or their Ir wrence pion, will be responsible for their own sail
a Spousal Suooort There Is presently an Order of Court, dated
March 13, 190, in the Domestic Relations oQlce of the
Cumberland County Courthouse dilating Spa" support. R is the
parUes' intantJon to have this order vacated Immediately.
Therefore, Wife agrees to perform, or have performed on her
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behalf, and at her sWertse, all stops necessary to have this Order
vacated as soon as is possible, but not later them 60 days from the
signing of this Agreement. It Is father agreed by both partles that
no spousal support, alimony pwrdertb fits, or slimony Is due or
awing to either party by the other.
i. Olvialen of Personal Properly.
a The par ties agree d*the lems cf pareonal property listed below
shall be the sole sW occlusive property of the W Musband. Al
other personal property obtained by the poles daft their
marriage shall be the sole and atclusive property of the
ifs/Husband. Henceforth, each of the parties shall own, have
and enjoy, Independerdly of any cWm of rVA of Ihs other party. all
Items of personal property of every kind, nabse and description
and wheresoever shisted which are now owned or held by or
which may hereinafter belong to the Husband or Wife rsspecdvety,
with full power to the Husband or Wife to dispose of the same as
Tully and elfscbrally in all respects and for all purposes as If he or
On were unmarried.
b. The pales agree that the Engagement Ring shall be the sole and
separate property of to Husband. The parties are also owners of
e ear, which shall became the We property of Husband. Husband
will also be solely responsible for the GMAC car ban which
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encumbers sold vehicle. Me VIII beheld hermhss as to the car
and the car loam
a Penorral effects. All Items of personal affect such as but not
limited to jewelry, luggage, sports equipment, hobby wlledlone
and books but not including fumihue or any odw property,
personal or otherwise speciflcsily disposed of pursuant to this
agreement shall become the absolute and sole property of the
party who has had the prtnclpal use thereof or to whom the
property was given or torn whom ft was purchased, and each party
hereby suretwers any Irderest he or she may have in such
tangible per= of property of ftte other. 0414 (ov,
7. Debts. The parties are joint ow? ap creditoard freers tllherte.
W?c!?% fV?' v ?uU? 30
The parties agree that wife will pay 13 it owards the balance 1998: i -46L
Husband to pay the balance, at spprmimately 13600
wj 3G
will be solely responsible for Household Retail Loan. Husband will be solsiy ,
responsible for all other debt in his name alone. Wife will be solely responsible for all
other debt In her name alone. Husband paid or will pay all final utility bills from the
marital residence.
9. Future Debts. The parties further agree that neither will incur any more
further debts for which the other may be hold liable, and K either party
incurs a debt for whirr the other will be liable, that party incoming such
debt will hold the other harmless from any and all IlaWlty Owed.
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7. Walwr of Apmorty, in consideration of the mutual agreement of the
parties voluntarily to Ave separate and wart and the provisions contained
herein for the respective ba wrM of the parties and other good and
valuable cmnaideration, the parties egfee to waive any and all claims for
wily alimony.
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par
es agree to waive any claims they may have to any
9. Coetsael Fees and
Costs. petslon or employment bensfits of any kind, earned during the mwiage,
Each parry gees to
pay their mm attorney by the outer parts.
fees and cost incurred
in the preparation of
this documen document ai sveil o. Q•_Uneel Fees and Court Costs
a the preparation and j
J
Illing of the divorce
IRMO
111M. Ur "do *Vww W11 = we!
action captioned at 9K- {
S 15 Civil Term and the t
l
Custody order filed at
e
the same number. If
either party Incurs any
other, legal fees or court
Cosa, tho5ecosts will
'-
be bome by that party
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exclusively.
istled *11, 01W All st, eld w the 11, MM or C-.._
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10. Clvoree. The parties acknowledge that an action for diverce bet~
them has been filed by Husband and is presently Pending divorce
between them in the Court of Common Pleas of Cumberland County to
the caption Mark A. Perry v. Trade J. Percy, 98516 Civil Tenn. The
parties acknowledge their intention and agreemard to pmceed In said
action to obtain a final decree In divorce by mutual aoneent on the
grounds that their marriage is irretrievably broken, and to settle amicably
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and fully hereby all claims rated by elther perry In the dlv m action.
The parties acknowledge they have exeWed simultaneously herewith the
necessary Affidavits of Consent for the entry of a 11na1 divorce deems in
that *Won.
11. Breach. In the evert that either party breaches any provision of this
Separation and Property Settlement Agreement, he or she shall be
responsible for any and all costs incurred to enforce the tams hereof,
including, but not Itmited to, court costs and maeonable ootxrsel tees of
the other party. In the event of breach, the other party shall have the
right, at his or her election, to we for dammpes for such breach or to seek
such other and additional remedies as may be available to him or her.
12. Enfortwm t. The parties agm tat this martial settlement agreement
or any part or parts hereof may be enforced in any court of competent
iudwicttom
13. AppNcabtm Law and Execution. The Wlea hereto agree that this
marital settlement agreement shell be construed under the laws of the
Commonwealth of Pennsylvania and shall bind the parties hereto and
their respective helve, exawton and assigns. This document shall be
executed as original and multiple copi*a.
14. Ttw Mrs Agreement The parties acknowledge and agree that this
madW settlement agreement corrtains the entire understanding of ft
parties and supersedes any prior agreement between them. There are no
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other representations, warranties, promises, covennts or understandings
between the parties other than those w9ressly not forth herein.
ill. Mcceporadan In Judement for Dhrorv e. In the evert that either
husband or wife at any time hereafter d tin a divorce in the action for
divorce presently pending between them, or cther*isa, this agrserrwnt
and all of its provisions shall be htoorporated Into any such Judgment for
divorce, either directly or by refererxe. The Court, on entry of judgment
for divorce, stall retain the right la enbrce the povkiont and lama of
this mwIW setlten3ant agresrnsoL
% Additional botrumm s. Each of the parties shall an demand or within a
reasonable period thereafter, execute and deliver any and all otter
documents and do or cause to be done any other act or thing that may be
necessary or desirable to affechWe the provisions and purpasas of this
Agnemwnt If either party fails an demand to comply wish this provision,
that patty shall pay to the other all aUomey's fees, casts, and other
expenses reasonably incurred as a result of such failure.
IN WITNESS WHEREOF, the parties have set their hands end 38813 the day
and year first written above.
WITNESS.,
t? a9 `..
TOTAL P.11
M Id 009T SU IT2 I.M NH 7WO9 Wr1W..:F.R R9, PR MW
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
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 §3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: Certified mail on February
2, 1998.
3. Date of execution of the Affidavit of Consent required by §3301(c) of the
Divorce Code.
By Plaintiff: December 28, 1998 By Defendant: December 14, 1998
4. Related claims pending: None.
5. Date the Waiver of Notice in §3301(c) divorce was filed with the
Prothonotary:
By Plaintiff: January 8, 1999 By Defendant: December 17, 1998
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98- `j'/r CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION • LAW
Defendant : IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed
without you and a decree in divorce or annulment may 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 the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249.3180
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS
Plaintilf, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98- CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Mark A. Perry, an adult individual, currently residing at 114 Sunset View
Drive, New Cumberland, Cumberland County, Pennsylvania
2. Defendant is Tracie J. Perry, an adult individual, currently residing at 30 West Locust
Street, Mechanicsburg, Cumberland County, Pennsylvania
3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania
and have been so for at least six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on November 7, 1992 in Cumberland County,
Pennsylvania.
6. There have been no prior actions for divorce or annulment between the parties.
6. The Defendant is not a member of the Armed Forces of the United States of America,
or its Allies.
7. The Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not
desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America
9. The parties have lived separate and apart since January, 1998 and continue to live
separate and apart as of the date of this Complaint.
10. The parties' marriage is irretrievably broken.
11. Plaintiff desires a divorce based upon the belief that Defendant will after ninety days
from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce.
COUNT 11
EQUITABLE DISTRIBUTION
12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their
full text.
13. Plaintiff and Defendant are joint owners of various items of personal property,
furniture, and household furnishings acquired during their marriage which are subject to equitable
distribution.
14. Plaintiff and Defendant have incurred debts and obligations during their marriage
which are subject to equitable distribution.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing
the parties' property and equitably apportioning the debts incurred by the parties.
Respectfully Submitted,
TURO LAW OFFICES
Date Lisa M. Whistler, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 246.9888
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Divorce Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904
relating to unworn falsification to authorities.
?Zlk,'O 2
Date Mark A. Perry
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MARK A. PERRY,
Plaintiff,
V.
TRACIE J. PERRY,
Defendant
: INTHE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-615 CIVIL TERM
: CIVIL ACTION • LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint fllcd in the
above captioned case upon Tracie J. Perry, by certified mail, return receipt requested on February 2,
1998 addressed to:
Tracie J. Perry
30 West Locust Street
Mechanicsburg, PA 17066
and did thereafter receive same as evidenced by the attached Post Office receipt card dated February
4, 1998.
I VERIFY THAT THE
MADE IN THE FOREGOING AFFIDAVIT OF
SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND
BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE
PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES.
TURO LAW OFFICES
Date Lisa M. Whistler, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 246.9688
Attorney for Pudntiff
P 198 R66 718
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US Postal Servlco
Receipt for Certified Mail
No Insurance Coverage Provided.
r_,_..._uIM .a vc?a .n,.n,en1
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racie J. Perry
Sheat A Numbef
30 West Locust street
post moi Slates, 6 2IP Coda
Me1clnj.csburg, PA 17055
Postage $ .32
Calefiod Fee 1 .10
Special Dalivery Fee
Restricted Delivery Fee
Return Receipt Showing to 1
10
Whom 8 Dale DaYvored .
F Rehm RmeirA asq toWnom,
• Date. B/ddresseas Addess
TOTAL Postage&Fees $ 2.52
I Postmark or Dale
' Febeuary 2, 1998
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MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
WAIVER OF INTENTION TO RQUEST
ENTRY OF A DIVORCE DECREE UNDER
15 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 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 THE FOREGOING 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 FALSIFICATION TO AUTHORITIES.
Date Tracie J. Perry
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MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on
January 29, 1998.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of the final Decree in Divorce after service of Notice
of Intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
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MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
S 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 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 THE FOREGOING 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 FALSIFICATION TO AUTHORITIES.
A4
Date Mark A. Perry
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MARK A. PERRY,
Plaintiff
V.
TRACIE J. PERRY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-515 CIVIL TERM
: CIVIL ACTION -LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on
January 29, 1998.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of the final Decree in Divorce after service of Notice
of Intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date Mark A. Perry
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MARK A. PERRY,
Plaintiff
V.
TRACIE J. PERRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-515 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this day of 1999, upon consideration of
Petition to Vacate Appointment of Divorce aster, the prior appointment of E. Robert
Elicker, II, Esquire in this case is hereby vacated.
BY THE COURT,
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MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
PETITION TO VACATE APPOINTMENT
OF DIVORCE MASTER
AND NOW, comes the Petitioner/Plaintiff, Mark A. Perry, by and through his
attorney, Ron Turo, Esquire, and files this Petition to Vacate the Master and states:
1. Petitioner/Plaintiff is Mark A. Perry, an adult individual currently residing at
114 Sunset View Drive, New Cumberland, Cumberland County, Pennsylvania.
2. On May 15, 1998, Petitioner filed for the appointment of a Master in the
above captioned divorce.
3. On May 18, 1998, E. Robert Elicker, III, Esquire, was appointed as
Master.
4. On November 30, 1998, the parties entered into a Property Settlement
Agreement which resolved all of the issues in the above captioned divorce.
5. As a result of this settlement, a hearing before a Master is no longer
required.
WHEREFORE, Petitioner respectfully requests this Honorable Court to vacate
the appointment of the Master in the above captioned case.
Date
Respectfully Submitted
TURD LAW OFFICES
Ron Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner/Plaintiff
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717)240.6535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
February 2, 1999
Ron Turo, Esquire
Tura Law Offices
32 South Bedford Street
Carlisle, PA 17013
Re: Mark A. Perry v. Tracie J. Perry
No. 98 - 515 Civil
In Divorce
Dear Ron:
West Shore
697.0371 Ext. 6535
I am writing to familiarize you with the procedure in vacating the Master's apolntment.
When this office has the case assigned and the file is in the Master's office, when the case is
settled, counsel are required to provide us with two signed copies of the marital settlement
agreement. We review the document and then prepare an order which we transmit to the court
vacating the Master's appointment. One of the signed copies of the agreement Is attached.
When the order has been signed by the judge, then counsel can file a praecipe transmitting the
record to the court for a final decree in divorce. A copy of the signed order is mailed to counsel
so counsel know they can proceed to finalize the case.
In regard to the Perry case, the file Is still in my office. I require that you provide us with
two signed copies of the agreement, and we will return the file to the Prothonotary's office so the
case upon praecipe can be transmitted to the court for a final decree in divorce.
Thank you for your cooperation in following this procedure.
Very truly yours,
E. Robert Elicker, II
Divorce Master
MARK A. PERRY,
Plaintiff
vs.
TRACIE J. PERRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 98 - 515 CIVIL 19
IN DIVORCE
STATUS SHEET
DATE: ACTIVITIES:
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717)240.6535
E. Robert Elicker, 11
Divorce Master
Tract Jo Colyer
Office Manager/Reporter
May 29, 1998
West Shore
697.0371 Ext. 6535
Lisa M. Whistler Tracie J. Perry
Attorney at Law 30 West Locust Street
LAW OFFICES OF RON TURD Mechanicsburg, PA 17055
32 South Bedford Street
Carlisle, PA 17013
RE: Mark A. Perry vs. Tracie J. Perry
No. 98 - 515 Civil
in Divorce
Dear Ms. Whistler and Ms. Perry:
By order of Court of President Judge George E. Hoffer
dated May 18, 1998, the full-time Master has been appointed in
the above referenced divorce proceedings.
The motion for appointment of Master indicates that
Samuel L. Andes, Esquire, is attorney for the Defendant;
however, Mr. Andes has not entered his appearance in the divorce
action. I will send Mr. Andes a courtesy copy of this letter so
he is aware of the directive.
A divorce complaint was filed on January 29, 1998,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claim of equitable distribution. No
other economic claims have been raised in the action.
I am going to proceed on the basis that grounds for
divorce are not an issue and that both parties will either sign
affidavits of consent or have been separated for a period in
excess of two years. Based on that assumption, I am directing
Ms. Whistler, attorney for Mr. Perry, and Ms. Perry, if she
remains unrepresented (or her counsel) to each file a pre-trial
statement in accordance with P.R.C.P. 1920.33(b) on or before
Monday, June 22, 1998. Upon receipt of the pre-trial
h `
L
Ms. Whistler and Ms. Perry
29 May 1998
Pane 2
statements, I will immediately schedule a pre-hearing conference
with counsel and Ms. Perry, if she is not represented, to
discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
cc: Samuel L. Andes, Esquire
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717)240.6535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter June 24, 1998
West Shore
697.0371 Ext. 6535
Ron Turo, Esquire Samuel L. Andes, Esquire
Lisa M. Whistler 525 North Twelfth Street
Attorney at Law P.O. Box 168
LAW OFFICES OF RON TURO Lemoyne, PA 17043
32 South Bedford Street
Carlisle, PA 17013
RE: Mark A. Perry vs. Tracie J. Perry
No. 98 - 515 Civil
In Divorce
Dear Mr. Turo, Ms. Whistler and Mr. Andes:
I am writing in response to Mr. Turo's letter of June 22,
1998, requesting a continuance for the filing of pre-trial
statements until August 14, 1998. Mr. Turo advises that Mr.
Andes has no objection.
Consequently, I am withdrawing the directive to file
pre-trial statements on or before June 22, 1998. I direct that
pre-trial statements be filed in accordance with P.R.C.P.
1920.33(b) on or before Friday, August 14, 1998. Upon receipt
of the pre-trial statements, I will schedule a pre-hearing
conference with counsel.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUSNEL.
MARK A. PERRY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 98 - 515 CIVIL
TRACIE J. PERRY,
Defendant IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Lisa M. Greason , Counsel for Plaintiff
Samuel L. Andes , Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 16th day of November, 1998, at 9:30 a.m.,
at which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 8/25/98
E. Robert Elicker, II
Divorce Master
Lisa M. Greason, Attorney for Plaintiff, filed a pre-trial
statement on August 14, 1998.
Samuel L. Andes, Attorney for Defendant, has not filed a
pre-trial statement as of the date of this notice.
SAMUEL L. ANDES
ATTOIINY.Y AT LAW
5Y5 NOIITII TWIM11"I HTI1I:1:'r
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I.1010YNK, IIHNNHYI.YANIA 170.1:1
20 July 1998
The Honorable J. Wesley Oler
Judge of the Court of Common Pleas
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
RE: Mark A. Perry vs. Tracie J. Perry
98-515 Civil Term
Dear Judge Oler:
T5I.51-IIONN
(HI) 701.50111
rAx
(7:71 101.61:15
Enclosed is the Pre-Hearing Memorandum I file in accordance with your order
in the above matter.
Sincerely,
I L. Andes
le
Enclosure
cc: Lisa M. Whistler, Esquire
b i' J 1998
MARK A. PERRY, ? IN THE COURT OF COMMON
Plaintiff 1 PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
1
VS. ? CIVIL ACTION - LAW
)
TRACIE J. PERRY, ? NO. 98-515 CIVIL TERM
Defendant 1 IN DIVORCE
DEFENDANT'S PRE-HEARING MEMORANDUM
The Defendant, Tracie J. Perry, intends to call the following witnesses to testify on
behalf at the hearing in the above matter:
1. Herself.
2. Her father, George Jeffries, M.D., of 1 Holly Drive, New Cumberland,
Pennsylvania.
3. Her mother, Nancy Jeffries, of 1 Holly Drive, New Cumberland,
Pennsylvania.
4. Such other witnesses as may be necessary to rebut any testimony
offered by the Plaintiff in his case-in-chief.
witnesses will testify about her care for the minor child, her living arrangements, and her
fitness to be the primary custodian of the child.
Respectfully submitted,
C 1
Samuel L. Andes
Attorney for Defendant
MARK A. PERRY : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY CIVIL ACTION - CUSTODY
Defendant
PLAINTIFF'S PRE-HEARING MEMORANDUM
The Plaintiff, Mark A. Perry, intends to call the following witnesses to testify on
his behalf at the hearing in the above matter:
1. Himself.
2. His father, Thomas Perry, of 114 Sunset View Drive, New Cumberland, PA.
3. His mother, Matilda Perry, of 114 Sunset View Drive, New Cumberland, PA.
4. Sister Bernadette, Principal of St. Theresa's School, 1210 Bridge Street, New
Cumberland, PA.
Mr. Perry's witnesses will testify about his care for the minor child, Joshua, his
living arrangements, and his general fitness to be the primary custodian of the minor
child.
Respectfully submitted,
TURO LAW OFFICES
Date Lisa M. Gr ason Whistler, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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Turo Law Offices
RON TORO, Esquire 32 South Bedford Street
ROBERT J. MULDERIG, Esquire Carlisle, Pennsylvania 17013
(717)
LISA M. WHISTLER, Esquire 245.8888
(800) 582.9778
MATT McCLENAHEN, Esquire FAX (717) 245.2185
June 22, 1998
E. Robert Elicker, 11, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Perry v. Perry
No. 98-515 Civil
In Divorce
Dear Mr. Elicker:
am writing in reference to the above captioned matter while my associate, Lisa
M. Whistler, Esquire, is serving her country in Korea as part of her summer tour with
the National Guard. She asked me to review the matter of a Pre-Trial Statement that
you directed to be filed on or before June 22, 1998. 1 had an opportunity to speak with
Sam Andes, Esquire who has indicated that he will be representing the Defendant in
this matter and he and I have agreed to request a joint extension of time within which to
file the Statement until August 14, 1998. This will allow time for Lisa to return and
come back up to speed on the case and for Sam to take his vacation and return from
the same rested and relaxed. Furthermore, because this case involves absolutely no
assets and all debt, it will give the parties an opportunity to amicably resolve this issue
without your involvement.
I trust you will grant this joint extension and I thank you in advance for your
anticipated cooperation.
s,
:SQUIRE
RT/kac
cc: Sam Andes, Esquire
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Mark A. Perry, Plaintiff, moves the Court to appoint a Master with respect to the following
claims: divorce, distribution of assets/debts, costs and expenses, and in support of the motion states:
Discovery is complete as to the claims for which the appointment of a master Is
requested.
2. The Defendant has appeared in this action by her attorney, Samuel Andes, Esquire.
3. The statutory ground for divorce is 3301(c).
4. The action Is contested as to all the claims listed above, except for the divorce claim.
5. The action does not Involve complex issues of law or fact.
6. The hearing is expected to take two (2) hours
7. Additional Information, if any, relevant to the motion: None.
?. ?Ll - ci
Date ?Use M. Whistler, Esquire
32 South Bedford Street
Carlisle, PA 17013
Attorney for Plaintiff
ORDER APPOINTING MASTER
AND NOW, this day of =butlon 8, E. Robert Flicker, Esquire, is appointed
master with respect to the following claims: of assets/debts, costs and expenses.
BY T ,
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MARK A. PERRY : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.98• , J / ? CIVIL TERM
TRACIE J. PERRY CIVIL ACTION • CUSTODY
Defendant
ORDER OF COURT
AND NOW, this day of januerar r ?-1y l4.T998, upon consideration of the attached Complaint, it
is hereby directed that the parties and their respective counsel appear before
? U.[ l .? , \ l1C?C?l L 5C?„ the conciliator, at 1 1 Ha -1 -l_2
on the J day of 1998, at C? ?) AM, for a Pre-Hearing Custody Confer nce.
At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary
order. All children age five or older may also be present at the Conference. Failure to appear at the
Conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: c I '_A
Custody Conciliator
l?
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 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) 249.3100
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MARK A. PERRY : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.98-S? CIVIL TERM
TRACIE J. PERRY CIVIL ACTION - CUSTODY
Defendant
COMPLAINT FOR CUSTODY
1. Plaintiff is Mark A. Perry, an adult individual whose residence is at 114 Sunset View Drive,
New Cumberland, Cumberland County, Pennsylvania.
2. Defendant is Tracie J. Perry, an adult individual whose residence is at 30 West Locust
Street, Mechanicsburg, Cumberland County, Pennsylvania
3. Plaintiff seeks custody of his child, Joshua Steven Perry, currently residing at 30 West
Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, whose date of birth is August 15, 1992.
4.
5.
Name
The child is presently in the shared custody of Plaintiff and Defendant.
Since the child's birth, the child has resided with the following over the past five years:
Address
Plaintiff & Defendant
Plaintiff' & Defendant
30 West Locust Street
Mechanicsburg PA 17055
272 R Clark Street
Lemoyne, PA 17043
Date
December 1994 to
Present
June 1993 to
December 1994
Plaintiff & Defendant Summerdale Road Birth to
Enola, PA 17025 May 1993
0. The relationship of the Plaintiff to the child is that of natural father.
7. The relationship of the Defendant to the child is that of natural mother.
8. The Plaintiff has not participated as a party or in any other capacity, in other litigation
concerning the custody of the child in this or any other court.
9. Plaintiff has no information of a custody proceeding concerning the child pending in a court
of this Commonwealth.
10. The best interests and permanent welfare of the child will be served by granting the relief
requested because the Plaintiff is the primary, more responsible, care giver with respect to the child.
11. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been mused as parties to this action. No other persons are
known to have or claim to have any right to custody or visitation of the child other than the parties to this
action.
WHEREFORE, Plaintiff requests your Honorable Court to grant shared legal custody of said child
to the Plaintiff and Defendant. Plaintiff further requests your Honorable Court to grant him full custody
of said child with liberal periods of partial custody with Defendant.
Respectfully submitted,
Date
TURO LAW OFFICES
',/LISA M. WHISTLER, Esquire
82 South Bedford Street
Carlisle, PA 17018
(717) 245.9888
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true and correct. I
understand that false statements made herein are subject to the penalties of 18 PA C.S. 4904 relating to
unworn falsification to authorities.
J IV
OAD -7 CJ Mao,
Date MARK & PERRY
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MARK A. PERRY,
Plaintiff,
V.
TRACIE J. PERRY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-515 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PRE-TRIAL STATEMENT OF PLAINTIFF PURSUANT TO
RULE 1920.33(8)
1. Personal Data:
A. Husband's Date of Birth: May 25, 1971
B. Wife's Date of Birth: January 23, 1971
C. Date of Marriage: November 7, 1992
D. Date of Separation: January, 1998
2. List of Marital Assets: Value at Acquisition Present Value
A. Brass Lamp $100.00 $100.00
B. Dining Room Table $212.00 $200.00
C. Dining Room Chairs $682.64 $650.00
D. Antique Jelly Cupboard $275.00 $275.00
E. Joshua's toys and clothes $400.00 $300.00
F. Miscellaneous kitchen items $200.00 $200.00
G. Bride's Wedding Band $300.00 $300.00
H. Engagement Ring (passed 250.00 250.00
down by a family member)
TOTAL RETAINED BY WIFE: $2,419.64 $2,275.00
1. Recliner Chair $300.00 $150.00
J. Coffee Table $75.00 $75.00
K. Headboard for Bed $364.00 $300.00
L. Camcorder $800.00 $600.00
M. Groom's Wedding Band 300.00 300.00
TOTAL RETAINED BY HUSBAND: $1,839.00 $1225.00
3. Experts Testifying: No experts will be called to testify.
4. All Other Testimony by Witnesses: No other witnesses will be called to testify.
5. Exhibits: Credit card statements, last utility bills, and receipts to verify the marital
assets and debts.
6. Gross Income of the Parties:
Husband's gross income: $1,458.34 bi-
monthly, $2,193.89 monthly net as determined
by DRO.
Wife's gross income: $1,060 bi-monthly,
$1,685.19 monthly net as determined by DRO.
7. Counsel Fees: Husband's over $2,000.00 as of August 12, 1998
8. Any Disputed Items: Car and engagement ring
9. Marital Debts Cost
A. Suburban Cable final bill $21.10
B. Erie Home Insurance final bill $25.00
C. United Water final bill $60.83
D. Bell of PA final bill $313.52
E. UGI final bill $657.43
F. PPL final bill $845.73
G. Beneficial Personal loan $1,500.00
H. Household Retail loan $1,000.00
1. Capital One Credit Card $8,200.00
J. GMAC Car loan 13 500.00
TOTAL MARITAL DEBT: $26,123.61
Husband has been making all payments toward marital debt except 2 car payments
The car payments are $292.00 per month.
10. Proposed Resolution: Marital debt to be split 45/55 (which is the same split as
used by DRO). Wherein, husband pays 55% of debt, wife pays 45% of debt. Also, to
have the value of the marital property split 50/50. Husband would like the engagement
ring returned to him.
During the marriage, wife was the exclusive user of the vehicle because the
husband has a company car. After separation, wife retained the marital vehicle until
she was required to make the monthly payments. Then she returned the car to
husband and purchased a different vehicle. Therefore, husband believes the wife
should take responsibility and loss on the marital vehicle.
Respectfully Submitted,
T RO LAW OFFICES
Vy-Cig ?TV wV)'k"
Date Lisa M. Gr ason, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 98-515 CIVIL TERM
TRACIE J. PERRY, CIVIL ACTION - LAW
Defendant CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this ?. day of A p t 1 , 1998, upon
consideration of the attached Custody Conciliation Report, t is ordered and
directed as follows:
1. A Hearing is scheduled in Court Room # / of the Cumberland
County Court House, on the 30 riL day of r?, 1998 at
P 200 o'clock, .m., at whi t me testimony will be taken. At this
'gearing, the Father, Mark A. Perry, 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 will testify at the
Hearing and a summary of the anticipated testimony of each witness. These
Memoranda shall be filed at least ten (10) days prior to the Hearing.
2. Pending further order of Court or agreement of the parties, the
temporary custody arrangements set forth in this Order shall be in effect.
3. The Father, Mark A. Perry, and the Mother, Tracie J. Perry, shall
have shared legal and physical custody of Joshua Steven Perry, born August
15, 1992.
4. The parties shall share physical custody of the Child on a weekly
basis with the exchange of custody to occur every Sunday evening at 5:00
p.m. The alternating weekly schedule shall begin with the Mother having
custody of the Child beginning March 31, 1998.
5. The party who does not otherwise have custody of the Child during
the week, shall have a mid-week period of custody from Wednesday after
daycare until the following morning when the Child shall be returned to
daycare. The parties agree to cooperate in scheduling additional periods of
weekday custody for the non-custodial party when reasonable.
6. The non-custodial party shall be entitled to have telephone contact
with the Child at 8:30 p.m.on weekdays.
7. Pending the Hearing scheduled in this matter, the parties shall
share having custody of the Child on upcoming holidays as follows:
A. EASTER: On Easter Sunday, the Father shall return custody of
og k.Pf' _•I hi''?l? cif
'
.^.
the Child to the Mother at 2:00 p.m.
B. MEMORIAL DAY/4TH OF JULY: The Father shall have custody of the
Child over the Memorial Day holiday from Sunday at 5:00 p.m.
until Monday at 5:00 p.m. The Mother shall have custody of the
Child on the 4th of July holiday from July 3rd at 5:00 p.m.
until July 4th at 5:00 p.m. or until after the fireworks.
C. MOTHER's DAY/FATHER's DAY: The Mother shall have custody of
the Child over the Mother's Day weekend from Saturday at 5:00
p.m. until Sunday at 5:00 p.m. and the Father shall have
custody of the Child on the Father's Day weekend from Saturday
at 5:00 p.m. until Sunday at 5:00 p.m.
8. The Mother shall have an uninterrupted one week period of vacation
custody with the Child from July 18 through July 24, 1998 and the Father
shall have an uninterrupted one week period of vacation custody with the
Child from July 25 through August 1, 1998. In the event the Father's
regular weekly period of custody falls immediately following the Father's
vacation period of custody, the Father shall return the Child to the Mother
for a period of custody from the eveing of Saturday, August It 1998 through
the following Sunday evening at 5:00 p.m.
9. The party relinquishing custody of the Child shall be responsible
to provide transportation for exchanges of custody on Sunday evenings. The
party having periods of mid-week custody with the Child shall be responsible
to provide all transportation for those exchanges of custody.
BY THE COURT,
vlc r .?
J.
cc: Lisa M. Whistler, Esquire - Counsel for Father _? n ,(gyp ,?/? / Y
Samuel L. Andes, Esquire - Counsel for Mother
Ala
?ZPL
'? ??,c/
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 98-515 CIVIL TERM
TRACIE J. PERRY, CIVIL ACTION - LAW
Defendant CUSTODY/VISITATION
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Joshua Steven Perry August 15, 1992 Mother/Father
2. A Conciliation Conference was held on March 31, 1998, with the
following individuals in attendance: The Father, Mark A. Perry, with his
counsel, Lisa M. Whistler, Esquire, and the Mother, Tracie J. Perry, with
her counsel, Samuel L. Andes, Esquire.
3. The parties separated in January 1998 and, at the time of the
Conference, were sharing custody of the Child on a daily basis. The Father
filed this Petition for primary physical custody. The parties were not
able to reach an agreement, and it will be necessary to schedule a Hearing
in this matter.
4. The Father's position on custody is as follows: The Father
believes that it would be in the best interest of the Child to reside
primarily with the Father. The Father proposed that the Mother have
partial custody of the Child on alternating weekends and one night per
week. The Father feels that it is detrimental to the Child to go back and
forth between the parties on a daily basis. The Child, who is now age
five, will be starting school next Fall and the Father seeks to enroll the
Child in St. Theresa's Parochial School in New Cumberland.
5. The Mother's position on custody is as follows: The Mother
believes it would be in the Child's best interest to primarily reside with
her. The Mother agreed that it is not a good situation for the Child to be
going back and forth between the parties on a daily basis. The Mother
feels that it is important for the Child to reside primarily in one
household at least while the Child is attending school. The Mother opposes
Kz
enrollment of the Child at St. Theresa's and feels that the Child should
attend public school.
6. The two main issues for the court to address will be primary
custody and school enrollment. It is requested that a Hearing be scheduled
in sufficient time prior to beginning of the 1998-1999 school year so that
the parties can take the necessary steps to register the Child in
accordance with the Court's decision.
7. The parties agreed to the temporary custody arrangements set forth
in the attached recommended order with the exception of the mid-week period
of custody for the non-custodial party. The mother had proposed that the
non-custodial party have a period of custody with the Child on Tuesday and
Thursday evenings rather than the Wednesday overnight period. The parties
agreed to cooperate in scheduling additional periods of mid-week custody by
mutual agreement in the event the non-custodial party has a special event
or a special need to spend additional time with the Child.
8. The Conciliator recommends an order in the form as attached
scheduling a Hearing in this matter.
Date Dawn S. Sundayr Esquires
Custody Conciliator
MARK A. PERRY : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98- S'IS" CIVIL TERM
TRACIE J. PERRY CIVIL ACTION - CUSTODY
Defendant
ORDER OF COURT
pwsbt,.%H.& an 4yrce-1.49
AND NOW, this o!M day of 1998, the prior Order
h
dated April 6, 1998 scheduling a Custody Hearing in the above referenced case, is
hereby revoked in part as it pertains to the scheduling of the hearing. The hearing is
rescheduled for Courtroom No. 1 of the Cumberland County Courthouse, on the 5th
day of August, 1998 at 1:30p.m., at which time testimony will be taken. The
remainder of the Order still stands in its entirety.
BY THE COURT
cc: Lisa M. Whistler, Esquire, Counsel for Father - C ,y n.?a s <<L 5/'f??sa,.
Samuel L. Andes, Esquire, Counsel for Mother
y
2:
x 1,
.q h
MARK A. PERRY,
Plaintiff
vs.
TRACIE J. PERRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-515 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this LA day of A& , 1998, upon
consideration of the attached Custody Conciliati n Report, it iss ordered and
directed as follows:
1. A Hearing is scheduled in Court Room # / of the Cumberland
county court House, on the 3 day of , 1998 at
3 D o'clock, P .m., at which time testimony it be taken. At this
Hearing, the Father, Mark A. Perry, 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 will testify at the
Hearing and a summary of the anticipated testimony of each witness. These
Memoranda shall be filed at least ten (10) days prior to the Hearing.
2. Pending further order of Court or agreement of the parties, the
temporary custody arrangements set forth in this order shall be in effect.
3. The Father, Mark A. Perry, and the Mother, Tracie J. Perry, shall
have shared legal and physical custody of Joshua Steven Perry, born August
15, 1992.
4. The parties shall share physical custody of the Child on a weekly
basis with the exchange of custody to occur every Sunday evening at 5:00
p.m. The alternating weekly schedule shall begin with the Mother having
custody of the Child beginning March 31, 1998.
5. The party who does not otherwise have custody of the Child during
the week, shall have a mid-week period of custody from Wednesday after
daycare until the following morning when the Child shall be returned to
daycare. The parties agree to cooperate in scheduling additional periods of
weekday custody for the non-custodial party when reasonable.
- 6. The non-custodial party shall be entitled to have telephone contact
with the Child at 8:30 p.m.on weekdays..
7. Pending the Hearing scheduled in this matter, the parties shall
share having custody of the Child on upcoming holidays as follows:
A. EASTER: On Easter Sunday, the Father shall return custody of
the Child to the Mother at 2:00 p.m.
B. MEMORIAL DAY/4TH OF JULY: The Father shall have custody of the
Child over the Memorial Day holiday from Sunday at 5:00 pthe
until Monday at 5:00 p.m. The Mother shall have custody
Child on the 4th of July holiday from July 3rd at 5:00 P.M.
until July 4th at 5:00 p.m. or until after the fireworks.
C. MOTHER's DAY/FATHER's DAY: The Mother shall have custody of
the Child over the Mother's Day weekend from Saturday at 5:00
p.m. until Sunday at 5:00 p.m. and the Father shall have
custody of the Child on the Father's Day weekend from Saturday
at 5:00 p.m. until Sunday at 5:00 p.m.
8. The Mother shall have an uninterrupted one week period of vacation
custody with the Child from July 18 through July 24, 1998 and the Father
shall have an uninterrupted one week period of vacation custody with the
Child from July 25 through August 11 1998. In the event the Father's
regular weekly period of custody falls immediately following the Father's
vacation period of custody, the Father shall return the child to the Mother
for a period of custody from the eveing of Saturday, August 1, 1998 through
the following Sunday evening at 5:00 p.m.
9. The party relinquishing custody of the Child shall be responsible
to provide transportation for exchanges of custody on Sunday evenings. The
party having periods of mid-week custody with the child shall be responsible
to provide all transportation for those exchanges of custody.
BY THE COURT,
P a ?.
g/5-1
r?
cc: Lisa M. Whistler, Esquire - Counsel for Father
Samuel L. Andes, Esquire - Counsel for Mother
TRUE CC?Y F ,,,. RECORD
In T ;nmony •.+n r `. 1 Iirr. r..to sat nny hand
and iho sEal of said Gnm at C?rlis!a, Pa.
This .....7?C... day oof... ?tr.?..., 19...9e
M •.. 3.....tf.- ":...L/"L( /•C ...w.w
Prothonotary
61
I
;?i
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 98-515 CIVIL TERM
TRACIE J. PERRY, CIVIL ACTION - LAW
Defendant CUSTODY/VISITATION
CUSTODY CLNCILIATICN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDM
1915.3-8, the undersigned Custody Conciliator submits the following report:
1." The pertinent information concerning the child who is the subject
of this litigation is as follows:
NAME DATE OF BIPTH
CURRENTLY IN CUSTODY OF
Joshua Steven Perry August 15, 1992 Mother/Father
2. A Conciliation Conference was held on March 31, 1998, with the
following individuals in attendance: The Father, Mark A. Perry, with his
counsel, Lisa M. Whistler, Esquire, and the Mother, Tracie J. Perry, with
her counsel, Samuel L. Andes, Esquire.
3. The parties separated in January 1998 and, at the time of the
Conference, were sharing custody of the Child on a daily basis. The Father
filed this Petition for primary physical custody. The parties were not
able to reach an agreement, and it will be necessary to schedule a Hearing
in this matter.
4. The Father's position on custody is as follows: The Father
believes that it would be in the best interest of the Child to reside
primarily with the Father. The Father proposed that the Mother have
partial custody of the Child on alternating weekends and one night per
week. The Father feels that it is detrimental to the Child to go back and
forth between the parties on a daily basis. The Child, who is now age
five, will be starting school next Fall and the Father seeks to enroll the
Child in St. Theresa's Parochial School in New Cumberland.
5. The Mother's position on custody is as follows: The Mother
believes it would be in the Child's best interest to primarily reside with
her. The Mother agreed that it is not a good situation for the Child to be
going back and forth between the parties on a daily basis. The Mother
feels that it is important for the Child to reside primarily in one
household at least while the Child is attending school. The Mother opposes
enrollment of the Child at St. Theresa's and feels that the Child should
attend public school.
6. The two main issues for the Court to address will be primary
custody and school enrollment. It is requested that a Hearing be scheduled
in sufficient time prior to beginning of the 1998-1999 school year so that
the parties can take the necessary steps to register the Child in
accordance with the Court's decision.
7. The parties agreed to the temporary custody arrangements set forth
in the attached recommended order with the exception of the mid-week period
of custody for the non-custodial party. The Mother had proposed that the
non-custodial party have a period of custody with the Child on Tuesday and
Thursday evenings rather than the Wednesday overnight period. The parties
agreed to cooperate in scheduling additional periods of mid-week custody by
mutual agreement in the event the non-custodial party has a special event
or a special need to spend additional time with the Child.
8. The conciliator recommends an order in the form as attached
scheduling a Hearing in this matter.
02'2 / 19 r7 .p l VLi? n _1/LLr.? nL?
Date Dawn S. Sunday, Esquire
Custody Conciliator
MARK A. PERRY, IN Tlili COURTOF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL. AC'T'ION - LAW
TRACIE J. PERRY,
Defendant NO. 98-0515 CIVIL TERM
AND NOW, this Glh day of August, 1998, upon consideration of Plaintiffs
Complaint for Custody with respect to the parties' child, Joshua Steven Perry (d.o.b. August
15, 1992), and following a hearing held on Wednesday, August 5, 1998, it is ordered and
directed as follows:
1. The Order of Court dated April 6, 1998, shall remain in full force and
effect.
2. In the absence of an agreement to the contrary, the parties' child shall attend
the Mount Zion Elementary School in the West Shore School District.
BY THE COURT,
Ron Turo, Esq.
32 South 13edf'ord Street
Carlisle, PA 17013
Attorney for Plaintiff
Samuel L. Andes, Esq.
525 North 12th Street
Lemoyne, PA 17043
Attorney for Defendant
:rc
Sandra L. Meilton, Esquire
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeilton ,dzmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK A. PERRY,
Petitioner CIVIL ACTION - LAW
V.
No. 98-0515 (Civil Term)
TRACIE J. PERRY, (In Custody)
Respondent
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Petition to Modify
Custody and Notice are served, be entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the Petition or
for any other claim or relief requested by the Petitioner. You may lose money or property or other
rights important to you.
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
32 S. Bedford Street
Carlisle, PA 17013
(717)249-3166
NOTICIA
Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en
las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver
en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra
usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA
EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717)249-3166
DALEY ZUCKER WILTON
MINER & GINGRICH, LLC
By:
Sandra L. Meilton, Es uire
Attorney I.D. No. 32551
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Petitioner
Sandra L. Wilton, Esquire
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeiltonAdzmmalaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK A. PERRY, :
Petitioner CIVIL ACTION - LAW
V. No. 98-0515 (Civil Term)
TRACIE J. PERRY, (In Custody)
Respondent
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, this day of July, 2007, comes Petitioner, Mark A. Perry, by and
through his attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following
Petition to Modify Custody and in support thereof avers as follows:
1. Petitioner, Mark A. Perry (hereinafter referred to as "Father"), is an adult
individual whose current address is 204 Sunset Drive, New Cumberland, York County,
Pennsylvania, 17070.
2. Respondent, Tracie J. Perry (hereinafter referred to as "Mother"), is an adult
individual whose current address is 1744 Main Street, Lisburn, Mechanicsburg, Cumberland
County, Pennsylvania, 17055.
3. Petitioner and natural father, Mark A. Perry, seeks primary physical custody of the
following minor Child: Joshua Steven Perry, whose date of birth is August 15, 1992.
4. Respondent, Tracie J. Perry, is the natural mother of the Child.
5. The Child was born out of wedlock.
6. Since in or about April 1998, the parties have shared physical custody of the Child
pursuant to April 6, 1998 and August 6, 1998 Orders of Court. Copies of the Orders are attached
hereto as Exhibit "A" and incorporated by reference.
7. Problems have arisen in the relationship between Mother and Child and it is in the
Child's best interest to be with father.
8. Petitioner has no information of any other custody proceeding concerning the
Child pending in any court of this Commonwealth.
9. Petitioner does not know of any other person not any party to the proceedings,
besides those who have been notified by this Petition, who has physical custody of the Child or
claims to have custody or visitation rights with respect to the Child.
10. Each parent whose parental rights to the Child have not been terminated and the
person who has primary physical custody of the Child has been named as a party to this action.
There are no other persons who are known to have or claim to have a right to custody or visitation
of the Child.
11. The Child's best interest and permanent welfare will be best served by granting the
relief requested because:
a. Father has a strong bond with the Child; and
b. Father has taken an active interest in and has actively participated in the
Child's life and activities; and
c. Father provides the Child with a stable home with more than adequate
moral, emotional and physical surroundings as required to meet his needs; and
d. Father continues to exercise parental duties and responsibilities and
continues to enjoy the Child's love and affection.
12. This matter has previously been heard by the Honorable J. Wesley Oler, Jr.
13. As of the filing of this Petition to Modify, it is uncertain if Defendant/Respondent
is represented by counsel and therefore concurrence with the petition has not been sought.
WHEREFORE, Petitioner, Mark A. Perry, requests this Honorable Court enter an Order
granting him shared legal and primary physical custody of the Child.
Respectfully Submitted,
DALEYZUCKER MEILTON
MINER & GINGRICH, LLC
By:
andra L. Meilton, Es uire
Attorney I.D. No. 32551
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Petitioner
VERIFICATION
I, Mark A. Perry, verify that the statements made in this Petition to Modify Custody are
true and correct. I understand that false statements herein are made subject to the penalties of 1S
Pa.C.S.A. Seciton 4904 relating to unworn falsification to authorities.
Date: 7- /7- ¢S7 #70-114 a 1q?
Mark A. Perry
q J
` MARK A. PERRY. IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ..CIVIL ACTION - LAW
TRACIE J. PERRY,
Defendant
NO. 98-0515 CIVIL TERM
I?: RE- CUSTODY COMPA11IT
BF ORE OLER. J
ORDER OF C URT
AND NOW, this 6A day of August, 1998, upon consideration of Plaintiffs
Complaint for Custody with respect to the parties' child, Joshua Steven Perry (d.o.b. August
15, 1992), and following a hearing held on Wednesday, August 5, 1998, it is ordered and
N t.
directed as follows:
1. The Order of Court dated April b, 1998, shall .remain in full force and
effect.
2. In the absence of an agreement to the contrary, the parties' child shall attend
the Mount Zion Elementary School in the West Shore School District.
7.
Exhibit "A"
BY THE COURT,
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 98-515 CIVIL TERM
TRACIE J. PERRY, CIVIL ACTION - LAW
Defendant CUSTODY/VISITATION
ORDER OF COURT
I
AND NOWs this day of AP I o , 1998, upon
consideration of the attached Custody Conciliafion Report, it is ordered and
directed as follows:
1. A Hearing is scheduled in Court Room # of the Cumberland
County Court House, on the 34 :? day of , 1998 at
-:) C o'clock, P.m., at which time testi ny ll be taken. At this
Baring, the Father, Mark A. Perry, 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 wild. testify at the
Hearing and a summary of the anticipated testimony of each witness. These
memoranda shall be filed at least ten (10) days prior to the Hearing.
2. Pending further order of Court or agreement of the parties, the
temporary custody arrangements set forth in this Order shall be in effect.
3. The Father, Mark A. Perry, and the Mother, Tracie J. Perry, shall
have shared legal and physical custody of Joshua Steven Perry, born August
15, 1992.
4. The parties shall share physical custody of the Child on a weekly
basis with the exchange of custody to occur every Sunday evening at 5:00
p.m. The alternating weekly schedule shall begin with the Mother having
custody of the Child beginning March 31, 1998.
5. The party who does not otherwise have custody of the Child during
the week, shall have a mid-week period of custody from Wednesday after
daycare until the following morning when° the Child shall be returned to
daycare. The parties agree to cooperate in scheduling additional periods of
weekday custody for the non-custodial party when reasonable.
6. The non-custodial party shall be entitled to have telephone contact
with the Child at 8:30 p.m.on'weekdays.
7. Pending the Hearing scheduled in this matter, the parties shall
share having custody of the Child on upcoming holidays as follows:
A. EASTER: On Easter Sunday, the Father shall return custody of
the Child to the Mother at 2:00 p.m.
B. MEMORIAL DAYATH OF JULY: The Father shall have custody of the
Child over the Memorial Day holiday from Sunday at 5:00 p.m.
until Monday at 5:00 p.m. The Mother shall have custody of the
Child on the 4th of July holiday from July 3rd at 5:00 p.m.
until July 4th at 5:00 p.m. or until after the fireworks.
C. MOTHER's DAY/FATHER's DAY: The Mother shall have custody of
the child over the Mother's Day weekend from Saturday at 5:00
p.m. until Sunday at 5:00 p.m. and the Father shall have
custody of the Child on the Father's Day weekend from Saturday
at 5:00 p.m. until Sunday at 5:00 p.m.
8. The Mother shall have an-uninterrupted one week period of vacation
custody with the Child from July 18 through July 24, 1998 and the Father
shall have an uninterrupted one week period of vacation custody with the
Child from July 25 through August 1, 1998. In the event the Father's
regular weekly period of custody falls immediately following the Father's
vacation period of custody, the Father shall return the Child to the mother
for a period of custody from the eveing of Saturday, August 1, 1998 through
the following Sunday evening at 5:40 p.m.
9. The party relinquishing custody of the Child shall be responsible
to provide transportation for exchanges of custody on Sunday evenings. The
party having periods of mid week custody with the Child shalal be responsible
to provide all transportation for those exchanges of custody.
BY THE COURT.-
J.
cc: Lisa M. Whistler, Esquire
Samuel L. Andes, Esquire -
- Counsel for Fathers
Counsel for Mother
rAUEE C e p' FROM RECORD
'o
T '
911
j21y °, tier , 1 !?,139.j 1ji'+t<<< ! ' tWo
M saw of kd Coun .V to , AL
ly*L AT", day
MARK A. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 98-515 CIVIL TERM
TRACIE J. PERRY, CIVIL ACTION - LAW
Defendant CUSTODY/VISITATION
CUSTODY CCKCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY ROLE OF CIVIL PROCEDORE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH C[I.2RE MY IN CUS MY OF
Joshua Steven Perry August 15, 1992 Mother/Father
2. A Conciliation Conference was held on March 31, 1998, with the
following individuals in attendance: The Father, Mark A. Perry, with his
counsel, Lisa M. Whistler, Esquire, and the Mother, Tracie J. Perry, with
her counsel, Samuel L. Andes, Esquire.
3. The parties separated in January 1998 and, at the time of the
Conference, were sharing custody of the Child on a daily basis. The Father
filed this Petition for primary physical custody. The parties were not
able to reach an agreement, and it will be necessary to schedule a Hearing
in this matter.
4. The Father's position on custody is as follows: The Father
believes that it would be in the best interest of the Child to reside
primarily with the Father. The Father proposed that the Mother have
partial custody of the Child on alternating weekends and one night per
week. The Father feels that it is detrimental to the Child to go back and
forth between the parties on a daily basis. The Child, who is now age
five, will be starting school next Fall and the Father seeks to enroll the
Child in St. Theresa's Parochial School in New Cumberland.
5. The Mother's position on custody is as follows: The Mother
believes it would be in the Child's best interest to primarily reside with
her. The Mother agreed that it is not a good situation for the Child to be
going back and forth between the parties on a daily basis. The Mother
feels that it is important for the Child to reside primarily in one
household at least while the Child is,attending school. The Mother opposes
•
enrollment of the Child at St. Theresa's and feels that the Child should
attend public school.
6. The two main issues for the Court to address will be primary
custody and school enrollment. It is requested that a Hearing be scheduled
in sufficient time prior to beginning of the 1998-1999 school year so that
the parties can take the necessary steps to register the Child in
accordance with the Court's decision.
7. The parties agreed to the temporary custody arrangements set forth
in the attached recommended Order with the exception of the mid week period
of custody for the non-custodial party. The Mother had proposed that the
non-custodial party have a period of custody with the Child on Tuesday and
Thursday evenings rather than the Wednesday overnight period. The parties
agreed to cooperate in scheduling additional periods of mid-week custody by
mutual agreement in the event the non-custodial party has a special event
or a special need to spend additional time with the Child.
8. The Conciliator recommends an order in the form as attached
scheduling a Hearing in this matter.
Date Dawn S. Sunday, Esquire
Custody Conciliator
.A .- k
Sandra L. Wilton, Esquire
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeiltonAdgmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK A. PERRY,
Petitioner
V.
TRACIE J. PERRY,
Respondent
CIVIL ACTION - LAW
No. 98-0515 (Civil Term)
(In Custody)
CERTIFICATE OF SERVICE
AND NOW, this day of July, 2007, I, Gloria M. Rine, Paralegal for the
firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a
certified copy of the Petition for Modification of Custody Order, by mailing same by first class
mail, addressed as follows:
Ms. Tracie J. Perry
1744 Main Street
Lisburn
Mechanicsburg, PA 17055
DALEYZUCKER MElLTON
MINER & GINGRICH, LLC
C- r
By: d
Gloria M. Rine
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
(717) 657-4996 (fax)
g-rine@dzmmglaw.com
V
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MARK A. PERRY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
1998-0515 CIVIL ACTION LAW
TRACIE J. PERRY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, July 30, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 17, 2007 at 3:00 PM
fora Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ John . Mangan, r. Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
C.o z? . $
VlNtiAIAOSM13d
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UP 10 200 A
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MARK A. PERRY
Plaintiff.
V.
TRACIE J.'PERRY
Defendant
Prior Judge: J. Wesley Oler, Jr., J
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 1998-0515 Civil Term
: ACTION IN CUSTODY
COURT ORDER
AND NOW, -this JAY of September, 2007, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
1. Legal Custody: The Father, Mark A. Perry and the Mother, Tracie J. Perry, shall
enjoy shared legal custody of the minor child, Joshua S. Perry, born August 15,
1992. The parties shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general
well-being including, but not limited to, all decisions regarding his health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the child including,
but not limited to, medical, dental, religious or school records, the residence
address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to
share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent.
2. Physical Custody: The Father and Mother shall share physical custody on a
weekly basis with the exchange to occur every Sunday evening at 5:00 pm.
3. The non custodial parent shall be entitled to have telephone contact with the Child
at 8:30 pm on the weekdays.
4. The Orders dated April 6, 1998 and August 6, 1998 shall remain in full force and
effect otherwise.
5. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
6. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
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the Child as to the -other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
7. Mother and Father are directed to initiate an assessment of the custody situation
with Debra Salem to issue a recommendation in regard to her assessment. The
cost of this assessment, after any appropriate payment through insurance for the
parties, shall be split equally between the parties.
8. Counsel for the parties are directed to notify the assigned Conciliator as soon as
the assessment is completed to schedule a status conference update as soon as
practicable regarding the physical custody determination.
9. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions' of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
Cc. Jennifer Lehman, PO Box 6130, Harrisburg, PA 17112
Sandra Meilton, Esquire ?C 1 rntl
John J. Mangan, Esquire P
g/?t fa??
BY OURT,
J'.1?c9 es?c ?
MARK A. PERRY : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 1998-0515 Civil Term
TRACIE J. PERRY
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J
CONQUATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Joshua S. Perry, born August 15, 1992, currently in the shared legal and physical
custody of the Father and Mother.
2. The Honorable J. Wesley Oler, Jr., J. has previously entered Orders of Court
dated 8/6/1998, and 4/16/1998 which provided for shared legal and physical
custody of the minor Child.
3. A Conciliation Conference was held on September 7, 2007 with the following
individuals in attendance:
The Father, Mark A. Perry with his counsel, Sandra L. Meilton, Esquire
The Mother, Tracie J. Perry, with her counsel, Jennifer Lehman, Esquire
4. The parties agreed to the entry of an Order in the form as attached.
Date: -
J&T?. arngan, E .
C tod onciliato
Sandra L. Meilton, Esquire
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeilton ,dzmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK A. PERRY,
Petitioner CIVIL ACTION - LAW
V. No. 98-0515 (Civil Term)
TRACIE J. PERRY, (In Custody)
Respondent
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Petition to Modify
Custody and Notice are served, be entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the Petition or
for any other claim or relief requested by the Petitioner. You may lose money or property or other
rights important to you.
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
32 S. Bedford Street
Carlisle, PA 17013
(717)249-3166
NnTTCT A
Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en
las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver
en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra
usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA
EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717)249-3166
DALEYZUCKER WILTON
MINER & GINGRICH, LLC
By:
Sandra L. Wilton, quire
Attorney I.D. No. 32551
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Petitioner
Sandra L. Wilton, Esquire
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeilton@dzrnmglaw.com.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK A. PERRY,
Petitioner CIVIL ACTION - LAW
V. No. 98-0515 (Civil Term)
TRACIE J. PERRY, (In Custody)
Respondent
PETITION FOR MODIFICATION OF CUSTODY ORDER
S?
AND NOW, this 3 / day of October, 2007, comes Petitioner, Mark A. Perry, by
and through his attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following
Petition for Modification of Custody Order and in support thereof avers as follows:
1. Petitioner, Mark A. Perry (hereinafter referred to as "Father"), is an adult
individual whose current address is 204 Sunset Drive, New Cumberland, York County,
Pennsylvania, 17070.
2. Respondent, Tracie J. Perry (hereinafter referred to as "Mother"), is an adult
individual whose current address is 1744 Main Street, Lisburn, Mechanicsburg, Cumberland
County, Pennsylvania, 17055.
3. The parties and counsel appeared before John J. Mangan, Jr., Esquire, Custody
Conciliator on September 7, 2007 and an Order was entered by the Honorable J. Wesley Oler, Jr.
thereafter dated September 11, 2007. (Copy of Order attached hereto as Exhibit "A".)
4. Father avers both he and Mother have decided that since their son, Joshua's
preference is very clear to them, i.e., that he wishes to live with Father, the parties do not feel
there is any benefit to Deborah Salem performing an assessment.
5. Joshua has been residing with Father since Friday, September 21, 2007.
6. Father does not want Joshua to go back to live with Mother.
7. Father believes and, therefore, avers that the situation is such that it could be
dangerous for the safety of all involved if Joshua returns to live with Mother, and, therefore, he
feels it is in Joshua's best interest to continue in his primary custody.
8. Father seeks modification of the said Order to confirm primary physical custody of
Joshua in him.
9. Concurrence or non-concurrence was sought with Jennifer L. Lehman, Esquire,
counsel for Mother, on October 25, 2007, and she advised Petitioner's counsel, on October 29,
2007, that she does not concur with the filing of the within Petition.
WHEREFORE, Petitioner, Mark A. Perry, requests this Honorable Court enter an Order
eliminating the assessment by Deborah Salem and confirming primary physical custody of the
parties' son, Joshua, in him.
Respectfully Submitted,
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
By-
Sandra L. Meilton, Esquire
Attorney I.D. No. 32551
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorneys for Petitioner
VERIFICATION
I, Mark A. Perry, verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
Date. /V?A &
Mark A. Perry
SEP 10 20D7X
MARK A. PERRY
Plaintiff.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRACIE J.'PERRY;
Defendant
Prior Judge: J. Wesley Oler, Jr., J
No. 1998-0515 Civil Term
ACTION IN CUSTODY
COURT ORDER
AND NOW, this ldtiay of September, 2007, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
1. Legal Custody: The Father, Mark A. Perry and the Mother, Tracie J. Perry, shall
enjoy shared legal. custody of the minor child, Joshua S. Perry, born August 15,
1992. The parties shall. have an equal right, to be exercised jointly with the other
---parent,-to-make?l-m-ajar-non=emergency deci-sions-affentingthE child'-s general-J---
well-being including, but not limited to, all decisions regarding his health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to. all' records and information pertaining to the child including,
but not limited to, medical, dental, religious or school records, the residence
address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to
share the same, or. copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent.
2. Physical Custody: The Father and Mother shall share physical custody on a
weekly basis-with the exchange to occur every Sunday evening at 5:00 pm.
3. The non-custodial.parent shall be entitled to have telephone contact with the Child
at 8:30 pm on the weekdays.
4. The Orders dated April 6, 1998 and August 6, 1998 shall remain in full force and
effect otherwise.
5. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
6. Neither party may, say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
Exhibit "A"
the Child as to the. other parry, or may hamper the free and natural development of
the Child's love or affection for the other parry.
7. Mother and Father are directed to initiate an assessment of the custody situation
with ]Debra Salem to issue a recommendation in regard to her assessment. The
cost. of this assessment, after any appropriate payment through insurance for the
parties, shall be split equally between the parties.
8. Counsel for the parties are directed to notify the assigned Conciliator as soon as
the assessment is completed to schedule a status conference update as soon as
practicable regarding the physical custody determination.
9. This. Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the .provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY TFT C URT,
Ar-
J.
Cc: Jennifer Lehman, PO Box 6130, Harrisburg, PA 17112
- - --- --- --Sandra _Weil-- _squ=?e
John J. Mangan, Esquire
UE COPY FROM RECORD
?n to*" wt . i hie unto sd my hand
,
and tai of said at CIL-'
MARK A. PERRY : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 1998-0515 Civil Term
TRACIE J. PERRY
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation" is as follows:
Joshua S. Perry, born August 15, 1992, currently in the shared legal and physical
custody of the Father and Mother.
2. The Honorable J. Wesley Oler, Jr., J. has previously entered Orders of Court
dated 8/6/1998, and 4/16/1998 which provided for shared legal and physical
custody ofthe mincer-Ch 1-d-- -------
3. ---
A Conciliation Conference was held on September 7, 2007 with the following
individuals in attendance:
The Father, Mark A. Perry with his counsel, Sandra L. Meilton, Esquire
The. Mother, Tracie J: Perry, with her counsel, Jennifer Lehman, Esquire
4. The parties, agreed to the entry of an Order in the form as attached.
_.?_._..
Date:
r
Jo ?a..gan, Es e
C tod -Conciliato7
CERTIFICATE OF SERVICE
AND NOW, this 31 st day of October, 2007, I, Gloria M. Rine, Paralegal for
the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day
served a certified copy of the Petition for Modification of Custody Order, by mailing same by first
class mail, addressed as follows:
Jennifer L. Lehman, Esquire
P.O. Box 6130
Harrisburg, PA 17112
Ac--gr ??
Glcxia M. Rine
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MARK A. PERRY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 1998-0515 CIVIL ACTION LAW
TRACIE J. PERRY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, November 07, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 11, 2007 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or pennanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ohn L. Man an r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
f -P9 °"-/19-VW
&p? emu,
¢?? ?Z t4d L- AON LOOZ
DEC 1 2200t,.,
MARK A. PERRY IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRACIE J. PERRY
: No. 1998-0515 Civil Term
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J
COURT ORDER
AND NOW, this A day of December, 2007, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. All prior Orders entered in this matter are hereby VACATED.
2. Legal Custody: The Father, Mark A. Perry and the Mother, Tracie J. Perry, shall
enjoy shared legal custody of the minor child, Joshua S. Perry, born August 15,
1992. The parties shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general
well=being including, but not limited to, all decisions regarding his health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the child including,
but not limited to, medical, dental, religious or school records, the residence
address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to
share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent.
3. Physical Custody: The Father shall exercise primary physical custody of Joshua
S. Perry subject to Mother's partial physical custody as follows:
a. Commencing 12/12/07, Mother shall have custody of Joshua every
Wednesday from 5:30 pm until 9:30 pm.
b. Mother's Wednesday custody arrangement shall not occur on
12/26/07; rather Mother shall have physical custody on 12/27/07
for the day, times by mutual agreement (in the absence of
agreement, 8:00 am until 8:00 pm) upon the recommendation of
the family counselor. In the absence of an affirmative
recommendation for the day trip by the family counselor, Mother
shall have physical custody on 12/27/07 from 5:30 pm until 9:30
pm.
C. At such other times as the parties may mutually agree.
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4. Mother shall be entitled to have liberal telephone contact with the Child as the
parties may agree; in the absence of agreement, telephone contact shall be at 8:30
pm on the weekdays.
5. Mother shall provide the transportation for her physical custody periods of
Joshua.
6. Holidays: Mother shall have physical custody of Joshua on 12/24 from 1:00 pm
until 10:00 pm and on 12/25 from 6:00 pm until 10:00 pm. On January 1, Mother
shall have physical custody from 5:30 pm until 9:30 pm. All other holidays shall
be mutually agreed to; in the absence of agreement, counsel for the parties are
directed to contact the assigned conciliator to facilitate holiday arrangements.
7. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
8. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party.
9. The Father is directed to initiate resuming therapeutic family counseling with
Elaine Reissinger (Mazzetti and Sullivan). The parties are further directed to be
guided by the therapist's recommendations regarding Mother's physical custodial
time with Joshua. It is the parties' desire and the Court's intentions to attempt to
repair/improve the relationship between Mother and Child so that increased time
with Mother would be in Joshua's best interest. The cost of this counseling, after
any appropriate payment through insurance for the parties, shall be split equally
between the parties.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control. Counsel for the parties may
contact the assigned conciliator to arrange for a status update conference as
necessary.
BY T CO ,
J.
Cc:
nnifer Lehman, PO Box 6130, Harrisburg, PA 17112
,,/Srandra Meilton, Esquire
i,3ehn J. Mangan, Esquire
1
MARK A. PERRY : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRACIE J. PERRY
: No. 1998-0515 Civil Term
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J
CONCH,IATION CONFERENCE SUNEM"Y REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Joshua S. Perry, born August 15, 1992, currently in the shared legal custody of the
Father and Mother and primary physical custody of the Father.
2. The Honorable J. Wesley Oler, Jr., J. has previously entered Orders of Court
dated 8/6/1998, 4/16/1998 and 9/11/2007 which provided for shared legal and
physical custody of the minor Child.
3. A Conciliation Conference was held on December 11, 2007 with the
following individuals in attendance:
The Father, Mark A. Perry with his counsel, Sandra L. Meilton, Esquire
The Mother, Tracie J. Perry, with her counsel, Jennifer Lehman, Esquire
4. The parties agreed to the entry of an Order in the form as attached.
Date:
Jo angan, Esquire
C to y Conciliator