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HomeMy WebLinkAbout00-07943 " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "" '''r'', , . . " " "" " " " " "" " " " " " " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LEmARD DYE No. 7943 ::1000 VERSUS IJEOORAH DYE DECREE IN DIVORCE AND NOW, "J'U'q" 2/ , 2"01 , IT IS ORDERED AND DECREED THAT LEmARD DYE , PLAINTIFF, AND IJEOORAH DYE , 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; N<m , ATT T'cJ~ PROTHONOTARY " " " " " " " "'''''''''' '" '" ;f. " " >--- 1_ " ..,,- . '" " " . " . " " " " " " . " . " " " " " " " " " . . " " " . " . " " . " " " " " " " " " . " " " . " " " " " " " " " J. " . " " " " " " " " . " " " - c, ','.,', l",l-IIIIl, ,fJ . ,'~~~ ....~...~., ,j ,~:. ,-;' ",;.ti;< .,,_,,~.: <-'., O' ~ '. ~', K_~"""'''"'''''''...~~~~~~'&lMUW!llili!-;M\c'",,",Idi:;';~lilllltilii~_iWii1r..;,' . tf, . dJ..' tJ( ~ -dJ.. tll . ~. ~ .",""". '; ,'.< jt:";. y- tbfl ~~' ;:: L,- 7t~~ ~'f/~ . III , LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY DEBORAH DYE, Defendant : No. 00-7943 CIVIL TERM 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 g3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Deborah Dye, November 14, 2000. 3. Date of execution of the affidavit of consent required by g3301 (c) of the Divorce Code: by plaintiff- April 25, 2001; by defendant- April 27, 2001 4. Related claims pending: none 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: April 25, 2001. Date defendant's Waiver of Notice was filed with the Prothonotary: May 21, 2001. ~ Date ~ Ctv. , erek R. Clepper Certified Legal Intern ~Plac:' 'vI Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Attorneys for Plaintiff '",'7,-"~" - '." . ,,-', " ,. "_~"'>":':"_"__'__""_'.'_\_' ~ -~ '="c ~,~ .'-" 1'--"\:"-" h eO '," ',+-'~' - ." ~ ,-"." " .~ "'0' ., " ._1 _. ,"~.~~ - '" "~ ,.", '[ r lum I ~ flU 111"'" i 11.["lTII" "rt.M". (') C <- -oci') mrn Z::O ZC' Cr?~2::: --. "'~- 2cJ >~. z'J >8 Z ~ v,1!IliI" o .--'.-,.' ., ,- c' -,,,,, N , ,rn ~ ,~~ C~\ C~fl.:;. ., ~J ~~~ (:)l'"f1 ~ ::.0 -< ~ ill .< _",:",,,,~!IWiIl'~~'i!'.>l:IJIB~fll~.~!flWl~J;l1!\1~~In~~~\'!!I"~h,"~rl' '_',_ ,"~ It, ~~. f LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE AND CUSTODY DEBORAH DYE, Defendant : NO. 00- 19"/.3 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, 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. ':"-<>-,,,~~"''''f">~'~""",,-- !""' .-,_,,'. .""-lW <' ~ - . - - - ,-~ ,-- -1",-" ,- '---------"",'-;-'- "-'r"I'1""'_'" ,","0'" ',Y",'P"'''' ~ , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY LEONARD DYE, Plaintiff DEBORAH DYE, Defendant : NO. 00- 79'13 CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Leonard Dye, by his attorneys, the Family Law Clinic, sets forth the following causes of action for divorce and partial physical custody of his minor children: COUNT 1. DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c). 3301(d) AND 3301(a)(6) OF THE DIVORCE CODE 1. Plaintiff is Leonard Dye, who currently resides at Lot 7C, 58 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania, 17013, since 1998. 2. Defendant is Deborah Dye, who currently resides at 29 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013, since 1998. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on September 17, 1985 in Cherokee, North Carolina. 5. Plaintiff and defendant have lived separate and apart since September 9,2000. 6. There have been no prior actions of divorce or for annulment between the parties. - ,'. ^-~-:-- ""-"'-:'~r.-_~ ,,--~-~ ". ~__"~_,__ 7, The marriage is irretrievably broken. 8, Plaintiff avers that defendant has offered such indignities to the plaintiff, an injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II. CUSTODY 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff seeks partial custody of the following children: Name Present Address AM.. Christopher Lynn 29 East South Street 13 Carlisle, Pennsylvania Melinda Irene 29 East South Street 12 Carlisle, Pennsylvania Ashley Elizabeth 29 East South Street 10 Carlisle, Pennsylvania The children were not born out of wedlock. The children are presently in the custody of Deborah Dye, who resides at 29 East South Street, Carlisle, Pennsylvania, 17013. During the past five years, the children have resided with the following persons and at the following addresses: '~'!11 ". - '".- " ,'--. '-,<'0',-'- eo, . . _"" , , ..~ :1:- , "~-;_,, - ',_ on ,_~ - ,_,_, -, Persons Addresses Dates Deborah Dye 29 East South Street 09/09/00-present Carlisle, PA 17013 Leonard Dye & 29 East South Street 01/01/98-09/09/00 Deborah Dye Carlisle, PA 17013 01/02/96-01/01/98 Leonard Dye & Lot 126 01/02/96-01/01/98 Deborah Dye Betty Nelson Court Carlisle, PA 17013 Leonard Dye & 825 Factory St. 06/01/94-01/02/96 Deborah Dye Carlisle, PA 17013 The mother of the children is Deborah Dye, currently residing at 29 East South Street, Carlisle, Pennsylvania. She is married. The father of the children is Leonard Dye, currently residing at Lot 7C, 58 Betty Nelson Court, Carlisle, Pennsylvania. He is married. 11. The relationship of the plaintiff to the children is that of father. The plaintiff currently resides by himself. 12. The relationship ,of defendant to the children is that of mother. The defendant currently resides with her children: Christopher Lynn, Melinda Irene, and Ashley Elizabeth. 13. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 'T,n" ~_, ":'_~'~""';;"'_',> _,,-~~ "_'_~_",_ - ",.: '.',,'--, ~.' -= - - " I '-'J.-' P" t".,,: ~",,_ _~_",'~ " ',"_;'_,__ ,~ "_.,,,__ ,_._" '_"" '"<_'_~_'__"_"'~" _,,-'. ',. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the needs of the children; b) Plaintiff is willing and able to accept partial custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; d) It is important for the children to have an ongoing, significant relationship with both of their parents. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him shared legal and partial physical custody of the children. Date \~-Y -0 c:.J r(\ \ ~ '~o. 0.. . 'hl'1J..FlD Melinda DaVIS Student Attorney c_:.;) L. t/ THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney TERI HENNING Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 4 ~ ,'!-c - .'''' ,__; '>"'"7-'~~':-;-"-' ;"",~_ '__'_~,~ __' ,,,., , ,~ " ,_"".7._ - -~--- . "'1'~ ". c'~~ ';-'."c"-'.<" , "" -, . ",' LV'! ", -)',:">-~--- ~j;'--" ~~ , ,-,- . . " . . , ~ " -" ~," T~,~ ~. "r- ~.:> '_~_h or."" " "_ o ~ -off.; rnp Z-:i.:. zc (0 "'_~: .:<..~ . 1-0 :.;;: ZC' )>0 c z: :<: ~~ ':L .M') ,:t:-~: OM ~~ ,--'. '--6 I \1.') i''--', <;0 ~-<"\ ';..!~ <;? ~;.. '~,;. '~ '~'-J ','c :.< " ':'? ,;i '~ ;:.:::; :<. :.1 e- - $!Il~~".~~.,...~'I'iii~~~/fIlI\~~ImlIl'I~_'m~'!lW~. _~, ~,-- ,--,' VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: Y10V ,9 j ~ooa ~~ r;c~ ~J i , 5 " ji ~1~ ~I -f' ;i""_~ , , "'''_''\~O~":::''''l'~'_ -,~_~~~ _"""0=' --~,' :_- - F~ '",,~_,~ , ." - ',,-" -- '0' ~" "~'" '''"T .,., ',- - -~" r~ ,-~ ':c'""',-'-" "'_^ _""'"~_"i t" _-'.,' . "'';,'" --,' ,- ;" --,.\ - p,-. --."" - - ,=.>,\ ::k' ~ , ~, ,--, ,~ .'~ o c: ~~f: 7(""" ~= r:::.C~, ~C) ",-c.J .f>.-":" '- Z :< ~ ,'-.',- "-~ '" '0' C) C; ~~? ~-' o -:l'! \,.0 :.- ~~sj '-;'::;~) ~i~ -~-1 ":--;0 r:;rtl ~:::j >' ::.u .< -'," -',~ r- :::> w jilltlM'_"""~.",,~~~~~.,,,~~~~~l\'ll,r. l"~Tjj!~.I/,.",I~~~~\ " ~~! !, CP'b - v. ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW : DNORCE, CUSTODY, LEONARD DYE, Plaintiff DEBORAH DYE, Defendant ; NO. 00- 79'13 CNIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Leonard Dye, Plaintiff, to proceed in forma pauperis. I, Melinda Davis, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: \ \-q -CO ~&o.CL~~ Melinda Davis Certified Legal Intern 1 ~ f)J ROBERT E. RAINS ' THOMAS M. PLACE Supervising Attorney TERI HENNING Staff Attorney THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 , I ! ,;~>- . >-__",c_ ',0' ," - 1 ,!-.' Ie I ., . -"..'_ -,,~, ." -~ _ ,--_'__ 'd "",c,_, _,,'~ C.' '~ ~ -' ."' - ""'~--, '" ."" ~. ~.," ", -,' ",' "' - ,,~, 'TnT~n\1liilfl'rrln"l~~'1 0 0 c:: <::0 ~~' '? -oti:' 4': ITlp.c; ':c.;> z.",; ,,~'- " Zr I ,; ~~3 ~I~{~ t..c , ~(~J j;;;n .:-~ , iJ' Z' <--.i) ,,' C) M1:>c W ~:.:; ;Tl ~ -:.11 ~i;l ~- Xl .~ -< ... ,~~""'.MillI!rl'ltIIIIIll1~("I.;lJ,AI~~1t'1JV~_~~!srljl~~_.~"" ~~__~~~"""""!', -~'''' ~ LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DNORCE AND CUSTODY DEBORAH DYE, Defendant : NO. OO-'74'1Y CIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) H (b) "j ;'j 1,; ;'1 , , ;' ,i I ','I (c) ';J " 'i! Name: Leonard Dye Address: Lot 7C, 58 Betty Nelson Court, Carlisle, PA 17013 Social Security No.: 203-56-3999 Employment If you are presently employed, state Employer: Carlisle Area School District Address: Carlisle,PA 17013 Salary or wages per month: $872 Type of work: Janitor If yon are presently unemployed, state Date oflast employment: n/a Salary or wages per month: n/a Type of work: n/a Other income within the past twelve months Business or profession: nla Other self-employment: n/a Interest: n/a '--..,<" ,- "~,~.,"',y"_"",, _,,_~'''~A,'_ .-__, - _ ',,~ , -, .'_.' . ,. _. e ~,~__, ,~_ - - ,. ,,,:~,, ,-~-,~ ',,' '~ '" - ""." ," '-~" ,c ~~ .' ,., ,.,c __4 Dividends: n/a Pension and annuities: Balance $124.82 Social security benefits: n/a Support payments:n/a Disability payments: n/a Unemployment compensation and supplemental benefits: n/a Workman's compensation: n/a Public Assistance: n/a Other: nla (d) Other contributions to household support (Wife)(Husband) Name: n/a If your (wife)(husband) is employed, state Employer: n/a Salary or wages per month: n/a Type of work: nla Contributions from children: n/a Contributions from parents: n/a Other contributions: n/a (e) Property owned Cash: -0- Checking account: $25.00 Savings account: n/a Certificates of deposit: n/a Real estate (including home): n/a Motor vehicle: Ford 1996 Cost IAmount Owed: $250.00 Stocks; bonds: n/a Other: n/a (f) Debts and obligations Mortgage: n/a Rent: $375.00 Loans: n/a Other Monthly Expenses(for self and children): Rent $375 Clothes $50 Phone $40 Electric $90 Heat $100 Transportation/Gas $100 Food $180 Vehicle Insurance $50 Medical- Co-payments $35 Plaintiff's Oll~tanding Debts: PPL $215 Gas $115.84 Dental Payments $250 Truck 4 payments of $50 each left VisionJEye Care $250 (Wife) Name: Deborah Dye Children, if any: Name: Christopher Lynn Melinda Irene Ashley Elizabeth Age: 13 12 10 Other persons: nI a Name: nla Relationship: nla 4. I understand that I have a continuing obligation to inform the court of improvement in my fmancial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Yl ('j '\/ q J J(t'yJ ::I . H"Y'> <, A,:J 1(' )S) f~ _ Leonard Dye Petitioner 4 I ~t ~'"?I', ~ ,0' ._,,~""_""'. > , - ~''','''-~''_ -.J;' "-_-~,~"" '-"_~'- ,,;_,,__, _"::.'1' ,.,,.,, 0.' '''',' <e, ,~ h'_',_ , , Ml . '>"",.""""'''~' .~- -...- 1 r ""'L, (') c::::: c> c:: 0 -T; ~: :1'.: ,J OJ ~:-.) m r~-i ~"- , .. \ Z ::1", r z " I ;"-1 (j) i> tD '~-) -<:",' > ,L, !;-~cJ .; "'-,.' -~_J 'T, ~C) ::-r: '.'-) .-~'l ~- 0 ~:;, C) )> {.~ ~j 1"'(1 C --, Z ':",1 :>. :<: :TJ .;:- -< - -~ '~r.~~ 7: n ~JIln;r_ -; ~~~~~~i;lf7~[ 1~..,.,...,.""!_1i1 -'""'P",.,~,"~,,, ".'\l_;;? v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, CUSTODY LEONARD DYE, Plaintiff DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under g330l(c), 330l(d), AND 3301 (a)(6) of the Divorce Code was filed on November 9, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a [mal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date ~ ~ d. )- CYoo ) ~p~~j}&~ EONARD DYE, laintiff ----- '~~~ . -~, ." Il'tt (') 0 0 C .." s: .",. -~ "Ufg -0 ~~ ;JJ ~::o :>:l N -::-li-n ~,~ -AO U1 t5!.. ..f; .:..0 ;.:::C -0 "-+:1 ~o 3: o=r-~ '7'I..J >>2 - om ., ~ ~ N '< - .He" _J~~""'e<_''''''_""!'_' ".~,~~~'W!''IID'''~'lIIr!H__?t?'f'''~^''''f''''''T''T'F--:3'i'~"""",VI'--''~,~!R-,-''!"~.'II'!"'",,1:""li?'/<,",'ffl'll""Wl'''i''rrr.'''''II''iWRjjjr;<:rWi'I~!l~~F'I~,~ ,~_i; v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, CUSTODY LEONARD DYE, Plaintiff DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM AFFIDAVIT OF CONSENT , ( , 1. A Complaint in Di~orce under ~3301(c) of the Divorce Code was filed on November 9,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date~ ~Q~~eM ~ ~ DEBORAH DYE, Defend . ,~ .,->~, w, .~ ^ "_ '" ~~.'<_. () f; ~tl: en :? ~2:; ~2 2" -< """' (::) ~;:.. :;;: ;~:". '\) ~_--..., {\.:t toO =;;:1 -< "" ~4:ljl!!ll- }!"~~"m~~Il5"!f"",,,~..,r,:,,,,",~\'!Y<<f<~:,1~"'lii!!ff"'>r."'''''1'\''t''-'m'j~'0I'''""'~<'G~!ffHn'r''''~'f!''\'1!''';'"I"fI:t~",'~~c_~~'m''''Jl1f'1W''l!''1!lI~Wll1\m"ll;<%-'9)'1\J'!If'Pi'f~,,."',. . 'llI1!lI'Imffil!~ ~ , , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, CUSTODY LEONARD DYE, Plaintiff DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this 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 Lj' :1 S- - ?JCJC)) Irn~ ~~ EONARD , Plainti '---- .""" ',-' ., -- , . , - " ~, i@ ~ g (:) 0 ~" ~ ". -0, -r' ~!B ::u ;:~~ g;'~ N 'OS CJ, ::0 ~c:; ~::>{S -0 i~':3 ~8 :::ll.: "'7,,0 :i>c - "'~rn ~ .. ~ N ?!i5 -< iI, , __ ~ 1_\JL,\II!l!l'l~~i~~Wl >'_ ~~"_,_.~,ill~~4;1\,IIIi.rl~~!1ll'~!i'~i~Ri?~if'~~~;W""~'!$'I!~0l!'l'WWI\1~""'.'~"J'I'~r-'i'fl;~:I",,':W~\~"'~"'I~~f lBl!: ~",~-~ , , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, CUSTODY LEONARD DYE, Plaintiff DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date:#- W~Oi \t ~ DE H DYE, Defen ,,~, "I " .- ~,...,.,.,.,,,, .~~- .<- )..;;1 (') c < -Or;:; Q)!':;'; ........_:1: zc ~~~_: r:r" ~CJ :r.;2 z --, -< ,~ -(::) -"t'" :':::4 -,;~ r-..) 2: -~ ,'.) u:) c::: 1',-'; , ,~_."'::i"_omltr~i~!l!\IIMIII!I~~$,(lI(I]i:r~~!f'fMl"!l~':<n!_Q~.",-~I'j'~""t>,-);,",~"'i'Jo""'I1'J"r;$;,,'--n"W*jl~f:'f:;Wj~~f1!mf_Wljfffll~NlII~1fi1iIi'!!aIl1~~~~,. ~~ > , , , ' . LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE AND CUSTODY DEBORAH DYE, Defendant : NO. 00- 7943 CIVIL TERM CERTIFICATE OF SERVICE I, MelindaA. Davis, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Deborah Dye, residing at 29 E. South St., Carlisle, Pennsylvania, 17013, by U. S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Deborah Dye on the 14th day of November, 2000 as evidenced by her signature on the attached green card. Date: November 27,2000 \\'\l ~\ ~ a. -8-0~ Melinda A. Davis Certified Legal Intern F AMlL Y LAW CLINIC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 " . '1 -~'jY' ''1', , -c;, , ,~ , ~" , C,'" . ',~ , -,--~ -'--'1" ", .'. ---, .~- '-" ~T_ '_n,'__", ';'''. , .- ,- . " " . , '%! I, . C) -n~f '"~ '-~ ~~~r 65~~- -< -~. ~~~. 2~ :::~ 1 ~~~, 'i -- if! , ..- '- c) ~ c::;. ;"',) --! " ~;:r. V:i :~.) c) r~~~_~ilI!U--~lli'!"'~1$Iifl~~_\!!IWl'~~~~~~I1~___ ,'~ ~ .~{;onipl~e'{te'ms'1-; 2-~'and 3. Also complete .- item 4 if Restricted Delivery is desired. . Print your name- and address on the reverse 50 that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: JeiJor~h !Jtf€s / jJ/I;;-, !]jUM i, &12 !t'6k II/ /7()/3 / D. Is delivery address different from item 1 . If YES, enter delivery address below: ~. ~jce Type )8--C..ertlfled Mail D Express Mall D Registered ~eturn Receipt for Merchandise D Insured Mall D C.O.D. 4. Restricted Delivery? (Extra Fee) il . ;j Ii I 1 tl Domestic Return Receipt 102595-99-M-1789 ~""--'--~-'.~ '~. ..,- ----_._~----,.~- ,~ ..- ,.. " ~'- . " . LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM CERTIFICATE OF SERVICE I, Derek R. Clepper, hereby certify that I served a true and correct copy of Defendant's Waiver of Notice of Intention to Request Entry of a Divorce Decree and Defendant's Affidavit of Consent on the following person, counsel for defendant, by depositing a copy of the same in the United States mail, postage prepaid, the 21" day of May, 2001: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 5/2';0 I Date ~a rek R. Clepper Certified Legal Intern ---- FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 ''0'__'"'' ^.",~ 1 \1'1 . .' o c ~ -OeD ITlrr 2:'1__ ~~':, r::C -~- :~9 z :2 c::' :]:. ~~ f",.) ---u -,' \~, -"i"'l ~:: -- :..~::':'{j -~'') ,0 -::)- ::;-.::.\ :q .~~ ._~ ._~',",!$!<,~~,.~~,~_U'!tW!\'Ilr1'_lW'I~llfjW>"'_"'i1;;m-'l.."m;Wi?"c,.,I""1-"';h-'_"'l~!H:4'!r,"~It,<i,rr'I?,~"''l!IOOfJi1jl~~~"!lli.'!~li\f~~gWlilf''''!ll!llf~~~!itl!', ,"_!ifiIl " Cc '" ,. . LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM CERTIFICATE OF SERVICE I, Katherine E. Bavoso, hereby certify that I served a true and correct copy of the Waiver Of Notice Oflntention To Request Entry Of A Divorce Decree and Affidavit Of Consent for plaintiff, Leonard Dye, on the following person, counsel for defendant, by depositing a copy of the same in the United States mail, postage prepaid, the 25th day of April, 2001: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 ~,(\I ~ ~\ Date ~ ~\N.fl.QF <Z:6owo"'ro Katherine E. Bavoso Certified Legal Intern FAMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 "-~~J<, "~ Wlj i "0 IT~ . n"_ . .r.' 0 0 0 c: "T! <" ;;:.. -oi::D ---I -0 ~' mrr: ::0 i'ii~ 2-' 65'~ ...., -,;;E9 ;:s;<7 <n .~ @~ ;<0 -" )> z 28 >c: r;y I:5F1 2 ~ ~ '<.11 0'\ -< - ~_ !!I'\Gfflif;1!llIffi'l\i'!~-~,J'!;ll ~" ,~~N~'0"~'!R"<<U>ilI'!~q'-"$<"'~*,,;'\I'<'i'iWIffl'~nW-"","""V'''''-~P~'-'?-;:;;"!",,_1'H""S'-""2\,"",,,,:,~,,,,,,'q'I""_~!"""V'''~<M'''%'~''-'in,">R'"l~""1'I"'-.....in" ~_ ~ ,,~-"W' . .. .. I.. -.-' , LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM CERTIFICATE OF SERVICE I, Derek R. Clepper, hereby certify that I served a true and correct copy of the Praecipe to Transmit Record and Vital Statistics Form for plaintiff, Leonard Dye, on the following person, counsel for defendant, by depositing a copy of the same in the United States mail, postage prepaid, the 12 day ofJune, 2001: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 ~ Date P~IC~ Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ,8>. '" ._,,""f._'<:"Y"'~'~'~-"C,-< "-C, ,_ ___~ 'I' '-"-' ~ .1Il[ . . ~.I1,^!'J..Bf,,!lU~~~!!'$!'"~)!p.~:'Y1!~~o'l!>:!~ "-", . ." ~ (') Cl () C "TI ""0 E~ <- oj mE'" (::: 2:1".' ~ Z c- - -' 1:1:::; 2i"'~~ f".J ;. ~~ ~r :<c~ ~. ...:;:! ':.~.) J>~) -~ ,._, " zc. .) ("5 ;1;2 \.D (~n~ ~ .sJ :D ,< li'f!ll~~.,_'~~.!~"!Illft ,.,., - .....--- ,- LEONARD DYE PLAINTIFF V. DEBORAH DYE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-7943 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 27, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. . the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Thursday, May 10, 2001 at 9:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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 auy and all existing Protectiou from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: fsf Hubert X. Gilroy. Esq. fIJ 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 ;~1.,. "'" "'\"l'F~ '-' " 11 - ,'",~.li~"~~,.b!tili!",""L'j""et"i!~-'-"'''<W;'~i\i~"",;;~",,,,',,,,,,'w1b''''~ou,',""",,,","i>~'c. e,,,p,,nrh'^',-,,,-, "y-,~_.",_"~,,_,,,,> ,*",:&":o;p_":;j--,,~i>l~~,~,,,,...Jl<tiF~g"'",,'~!;"~~<lIllli~~i!~r'_""<'~<\llI;,",,"' ~""~. OF ;:q r~r-'I~(,;IT;('\r.: , " -'. < ':'::,.:i1:;''''1.R'Y , ',..' ",..1'-'___' rr, U' I .,~" 27 PI~j I: 5' I I Ht'lt .1 ...... CUMBE:RLAND COUNTY PENNSYLVANIA '1',;17.0/ M- ~ ~~ ~ 0e02"?oO/ ~ ~~ ~~~ . 'I,;. /. tJl C~ 'p4Jt'e'~ ..u... *. ~ -f-6. ,,",,- . ':'!i~1",WJ~;:"UJ"")kjr,,,,.,,]j,.J,lJ~,1"'~",;~~"J;;tUuff,)!.J.:__,y,~", ,^" .~~, ~,~,~. .__,~_,,, , , e-- APR 2 0 2001~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 00-7943 CIVIL TERM LEONARD DYE, Plaintiff DEBORAH DYE, Defendant ORDER OF COURT AND NOW, this_ day of ,2001, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of ,2001, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities andreasonable 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. :~~ '..""" -, . I ,- ~ "~ - "'." '. LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : DIVORCE AND CUSTODY DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM MOTION FOR CUSTODY CONCILIATION The plaintiff, Leonard Dye, by and through his attorneys, the Family Law Clinic, moves the court pursuant to Local Rille 19l5.3-l(b) to schedule a custody conciliation. Plaintiff, Leonard Dye, has included a custody count in his complaint for divorce, filed with this court on November 9,2000. A copy of the complaint is attached as Exhibit A. Respectfully submitted, ~illru..E60."(t)<tD Katherine E. Bavoso Certified Legal Intern c-- ~' Llvl , rnasM. Place Robert E. Rains Supervising Attorney Ten L. Henning Staff Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 . ",- "-,-,-.-- , IP.... " LEONARD DYE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE AND CUSTODY DEBORAH DYE, Defendant C' '-::.' : NO. 00- 7tf'l.3 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set foft!! in th~ following pages, you must take prompt action. You are warned that if you fail to do:sa, die; case may proceed without you and a decree of divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Oft1ce of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle;PA 17013 (717) 249-3166 AMERICANS WITH DISABn.ITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to ,any hearing or business before the court. You must attend the scheduled conference or hearing. t ~ \\\ lore r\ ',. '. 1J~, . '" v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY LEONARD DYE, Plaintiff DEBORAH DYE, Defendant ~ NO. 00- p; '13 CIVIL TERM DIVORCE COMPLAINT WITII CUSTODY COUNT The plaintiff, Leonard Dye. by his attorneys, the Family Law Clinic. sets forth the following causes of action for divorce and partial physical custody of his minor children: COUNT 1. DIVORCE UNDER 23 Pa.C.S. SECTION 330Hc), 330Hd) AND 3301(a)(6) OF THE DIVORCE CODE I. Plaintiff is Leonard Dye. who currently resides at Lot 7C. 58 Betty Nelson Court. Carlisle. Cumberland County, Pennsylvania. 17013. since 1998. 2. Defendant is Deborah Dye. who currently resides at 29 East South Street, Carlisle. Cumberland County, Pennsylvania. 17013, since 1998. 3. Plaintiff and defendant have been bona tide residents in the Commonwealth for at least six months imIIl~diately previous to the tiling of this Complaint. 4. Plaintiff and defendant were married on September 17, 1985 in Cherokee, North Carolina. 5. Plaintiff and defendant have lived separate and apart since September 9,2000. 6. There have been no prior actions of divorce or for annulment between the parties. ,-~" " ,-- ~ ," ,-- "',.. ." 7. The marriage is irretrievably broken. 8. Plaintiff avers that defendant has offered such indignities to the plaintiff, an injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II. CUSTODY 9, Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff seeks partial custody of the following children: Name Present Address A~ Christopher Lynn 29 East South Street 13 Carlisle, Pennsylvania Melinda Irene 29 East South Street 12 Carlisle, Pennsylvania Ashley Elizabeth '-''29 East South Street 10 Carlisle, Pennsylvania The children were not born out of wedlock. The children are presently in the custody of Deborah Dye, who resides at 29 East South Street, Carlisle. Pennsylvania, 17013. During the past five years, the children have resided with the following persons and at the following addresses: "'i;m."" ~'n._ ">1 . ~~ , , . Persons Addresses Dates Deborah Dye 29 East South Street 09/09/00-present Carlisle, PA 17013 Leonard Dye & 29 East South Street 01/01/98-09/09/00 Deborah Dye Carlisle, PA 17013 01/02/96-01/01/98 Leonard Dye & Lot 126 01/02/96-0 I/O 1/98 Deborah Dye Betty Nelson Court Carlisle, PA 17013 Leonard Dye & 825 Factory St. 06/01/94-01/02/96 Deborah Dye Carlisle, PA 17013 The mother of the children is Deborah Dye, currently residing at 29 East South Street. Carlisle, Pennsylvania. She is married. The father of the children is Leonard Dye, currently residing at Lot 7C, 58 Betty Nelson Court. Carlisle. Pennsylvania. He is married. 11. The relationship of the plaintiff to the children is that of father. The plaintitl' currently resides by himself, 12. The relationship of defendant to the children is that of mother. The defendant currently resid.es with her children: Christopher Lynn. Melinda Irene, and Ashley Elizabeth. 13. The plaintiff has not participated as a party or witness. or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other State. Plaintift'does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. "'"qU,.,.,~t-, ".~"",,-'"__)-'__''' ",.." , '''1,' 1"1 = - -'='.'>,",-, - ' . ,"f{' ..", 14. The best interest and pennanent welfare of the children will be served by granting the relief requested because: a) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the needs of the children; b) Plaintiff is willing and able to accept partial custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; d) It is important for the children to have an ongoing, significant relationship with both of their parents. 15. Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the children have been named as parties to this action, WHEREFORE, plaintiff requests the court to grant him shared legal and partial physical custody of the children. ,\",-(",C\ Date \ .-\-\ -'- 1\'\ ~,,~o. <...\.. . PJn.~rLD Melin a DaVIS Student Attorney , , , " .I L. ~/ THOMAS M, PLACE ROBERT E. RAINS Supervising Attorney TERI HENNING Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 4 TRUE COPY FROM RE-CORO ,n Testimony wnareof, I here unto silt my 1k100 and the :rl of said Court at Cal1!s1e. Pa. This 9 ( 7,0; ~7~~:r~>-O Prothonotary '~. ~ > ;r~ . _ ,_( , . "" -=c - ...., ..." LEONARD DYE, Plaintiff : JN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : JN CUSTODY DEBORAH DYE, Defendant : NO. 00-7943 CNIL TERM CERTIFICATE OF SERVICE I, Katherine E. Bavoso, hereby certifY that I am serving a true and correct copy of the Motion For Custody Conciliation for plaintiff, Leonard Dye, on the following person, counsel for defendant, by depositing a copy of the same in the United States mail, postage prepaid, this 18th day of April, 2001: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 A-o.f\\je.~ \ .~ ~(lli ~ bcrrolSU Katherine E. Bavoso Certified Legal Intern FAMILYLAWCLINlC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ~t- .- ,.., ~-" ' " . '""'~"~ _ 'M< .~ _~ ~ ,'",. "'".. '*''''*''~'in~ ~ r;-;.:,- n c ~,) r'J c~c ":':::... '-,., v :-'..) (::J r' (~) '1 - ~I -, n --.j r 111 L ~ rr ,'- """, ~~ ~f "" ~ _0/ ml"_",,~'1~~"I"'~~"'iI'I~""W_~'_~~lm'1l~J<n;~1'<,'''m-**,<f''1'!lk1~S:,'''C "",-,,,--,,'7:,,",,,,'I),,,,"""""'''~I'''"'''.'':''''f."H'W"1,,,~~;Wf''m~'f'~W;"''l''"'~''''1,1i''i'''''"''''r_AI'!W!1lfl'(~~f ~.z..' -< JUN 0 5 zoo,ff7 LEONARD DYE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DEBORAH DYE, Defendant NO, 00 - 7943 CIVIL IN CUSTODY COURT ORDER AND NOW, this l1.tL day of June, 2001, upon consideration of the attached Custody Conciliation Report, it is hereby ordered that the attached "Custody Agreement and Order" which is marked Exhibit "A" is hereby incorporated as a Court Order and the terms of Exhibit "A" shall be effective as an Order of Court relating to all matters regarding custody of the minor children mentioned in the Order. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT J~ cc: Karl E. Rominger, Esquire . i ~I\'O\ k.\1- 1. Derrick Clepper Dickinson School of Law Family Law Clinic ~:,; - _c"''!i'_~'",<,~ _,'" -- , .,,,, ".''';. - , , - ;_~_","", -., _".", oS ',-~ -~ , -I'~ 'f --" .,' .,. - , <lliWjiilill;IHI~IiiOlliW'JllJllllf!llil!$llIili~\!l~lll,;m"'_iM:;lm'~I>ll~~.;>iIiIl~~I>1I~Q3~itM..~'(j~' ~', litli.i)..l1IU'1il."lt,""J7'"'!I"'- fI!i ~, ,', If' -:cf.ul~ JI""",,!1I1 " _ ~,,"',_ >'.""''-'A'"" >." "''''''~., ",. ._, -"~'"', ~,-"~~ , "",' '~-, '.h __ __ 1"- -;'~--"~\:;)1fJlY ('" 1111) I 'J u I '-"JJ'< '- PH i= 22 CUMBEHLA!\O COUNTY PENNSYlVANIA ~ , .<> v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEONARD DYE, Plaintiff DEBORAH DYE, Defendant NO. 00 - 7943 CIVIL IN CUSTODY Prior Judge: 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 parties appeared before the Conciliator and presented a Custody Agreement and Order for presentation to the Court which the Conciliator will do. &( t'((J( DATE !~"_;"'3"" - --__~, ,- ;,__",".~=__,,_,_~'"""'~ 'c' ,_ .",,-, '" AI">'" .'.'_ ,~__ ,~_","_,o __ '_"_oJ.;.,." ,,~, "_"0' _^ ~, ~ < ~" . , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY LEONARD DYE, Plaintiff DEBORAH DYE, Defendant : NO. 00-7943 CIVIL TERM CUSTODY AGREEMENT AND ORDER THIS AGREEMENT, made this day of ~l\Jt ,2001, between Leonard Dye, hereinafter "father", and Deborah Dye, hereinafter "mother", concerns the custody of their three ,I I ') children: Christopher Lynn, born February 26, 1987, Melinda Irene, born May 18, 1988, and Ashley Elizabeth, born May 11, 1990, hereinafter "the children." Father and mother desire to enter into an agreement as to the custody of their children. Father and mother agree to the following: 1. The father and mother shall have shared legal custody of the children. All decisions affecting the children's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the children's best interests which decisions shall include, but not be limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. The mother shall have primary physical custody of the children. 3. The father shall have partial physical custody of the children every other weekend, beginning Saturday at b .m. until Sunday at ~ .m. 4. Transportation shall be by mutual agreement of the parties. 5. Holidays, including but not limited to, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas shall be divided each year by mutual agreement of the parties. 6. Father shall have the children at least two (2) weeks during the summer vacation and one (1) week during winter vacation. EXHIBIT I ~)) '-'f'! ~_~ . <'.' "~I ' 1-"1 7. Each party shall have reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 8. The parties shall keep one another advised of their current address and telephone number. 9. Each party will notify the other of all medical care any child receives while in that party's care. Each party will notify the other immediately of medical emergencies which arise while any child is in that party's care. 10. Neither parent will do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 11. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. 12. Neither party shall remove the children from the Commonwealth of Pennsylvania, without consent of the other party, except for vacations. Each parent agrees to inform the other parent if he or she desires to remove the children from the Commonwealth of Pennsylvania by providing notice at least (7) calendar days prior to the anticipated date of departure. 13. The parties desire that this Custody Agreement and Order be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children. 14. The parties may temporarily alter the schedule of physical custody as is mutually agreeable in order to accommodate special family events or other changes in their schedule. 15. The parties acknowledge that in entering into this Custody Agreement and Order, there ';::;;~~ ., "-~ ,'i "' ~- ., ~, " " , ' has been no fraud, concealment, overrearching, coercion, or other unfair dealing on the part of either party. 16. The parties acknowledge that they have read and understand the provisions of this Custody Agreement and Order . Each party acknowledges that this Custody Agreement and Order is fair and equitable and that it is not the result of duress or undue influence. ~a ~ O~~ e arab. Dye -0 ~ Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, Pa 17013 Counsel for Deborah Dye, Defendant j . A~l?j Leonard ye . ,')t f1; v L-- r ~M~P{d;' ROBERT E. RAINS Supervising Attorney TERI HENNING Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Leonard Dye, Plaintiff ORDER Approved and entered as an Order of Court J. Date i,,~_,..., 'c'-' 'I' ~=c>