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HomeMy WebLinkAbout03-1941 ANGELA M. DUNPHY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 - 19'1/ (!,o"l 1~'1 SCOTT P. DUNPHY, Defendant : Civil Action - In Divorce/CustodyNisitation 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 claim of 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 grounds 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 ANGELA M. DUNPHY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D3 - /9l.J1 eio~ ( 1Ei1.~ SCOTT P. DUNPHY, Defendant Civil Action -In Divorce/CustodyNisitation NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. ANGELA M. DUNPHY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.3 - 'tf~1 O;c.;LL{~ SCOTT P. DUNPHY, Defendant Civil Action - In Divorce/CustodyNisitation COMPLAINT COUNT I - Divorce 23 Pa. C.S.A. 13301 (c) 1. Plaintiff Angela M. Dunphy, is an adult individual residing at 371 North 29th Street, Camp Hill, Cumberland County, PA 17011. 2. Defendant Scott P. Dunphy, is an adult individual residing at 371 North 29th Street, Camp Hill, Cumberland County, PA 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 29, 1997. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The marriage is irretrievably broken. 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. 10. Plaintiff avers that there was one child born of this marriage, namely Jack Ryan Dunphy, born October 6, 1997. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - Equitable Division, Distribution and Assignment of Marital Property 11. The averments of paragraphs 1 through 10 above are incorporated herein by reference as if set forth in full. 12. The parties are the owners of various items of personal property and real property which qualify as marital property as defined in Section 401 of the 1980 Divorce Code, as amended. 13. Said marital property is subject to equitable division, distribution and assignment by the Court. WHEREFORE, the Plaintiff requests this Honorable Court equitably divide, distribute and assign all of the parties' marital property. COUNT III - Claim for Alimony and Alimony Pendente Lite 14. The averments of paragraphs 1 through 13 above are incorporated herein by reference as if set forth in full. 2 15. Plaintiff lacks sufficient property and/or income to provide for her reasonable needs and is unable to sustain herself during the course of this litigation. 16. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701 (a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701 (a) and 3702 of the Divorce Code. COUNT IV - Claim for Counsel Fees, Costs and Expenses 17. The averments of paragraphs 1 through 16 above are incorporated herein by reference as if set forth in full. 18. Plaintiff has employed John R. Fenstermacher, Esquire, to represent her in this matrimonial cause. 19. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 20. Defendant has the earnings or earnings capacity to give him the ability to pay Plaintiffs counsel fees, costs and expenses. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to the final hearing, Plaintiff respectfully requests that, after final 3 hearing, this Honorable Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3704(a)(1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. COUNT V - Claim for CustodyNisitation 22. The averments of paragraphs 1 through 21 above are incorporated herein by reference as if set forth in full. 23. The Plaintiff and Defendant are the parents of one (1) minor child, Jack Ryan Dunphy, born October 6, 1997. 24. Said child was born during this marriage. 25. No outstanding order of custody currently exists. 26. The parents currently share physical custody of the child. 27. The mother of the minor child is Angela M. Dunphy and the father of the minor child is Scott P. Dunphy; and there are no other parties in interest in this custody action. Both mother and father currently reside at 371 North 29th Street, Camp Hill, Cumberland County, PA 17011. 28. The minor child has resided with both mother and father at 371 North 29th Street, Camp Hill, Cumberland County, PA, since birth. 4 29. The Plaintiff/Mother asks for custody of the minor child, Jack Ryan Dunphy, in the belief that she is the party best able to care for the minor child and that it would be in the best interest of the child. 30. To the best of Plaintiff's knowledge no other action for custody, support or visitation has been filed with this or any other Court of the Commonwealth regarding the minor child. 31. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 32. Plaintiff does not know of a person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award of temporary custody to her until a final hearing on the matter is held and, thereafter, to enter a final order for custody in the name of the Plaintiff. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. ohn R. Fenstermacher upreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: 1-cA3 -03 5 CERTIFICATE OF SERVICE AND NOW, this J;>rday of April, 2003, I, John R. Fenstermacher, hereby certify that I have served the foregoing Complaint in Divorce by mailing a true and correct copy by United States first class mail, certified mail return receipt requested, postage prepaid, addressed as follows: Scott P. Dunphy clo Second Street Pizza 224 North Second Street Harrisburg, PA 17104 FENSTERMACHER AND ASSOCIATES, P.C. By: VERI FICA TION I, Angela M. Dunphy, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. ~4904 relating to unsworn falsification to authorities. DATED: 1-J.3-03 r ~ ~ ""4- W ---- ~ 6"'"..c ~ ()~ 0 0 . . . d 0 C> 0) () ~C> , ~ 6v B: J-e P-... '" ~ -"'!J :,':-; .J -c ~. ' c' .:.2. ..' C -.- --c ~ \:::; .~:: _:! ):' ... - ~~.~ .....' ~2 C) g ;,J c' , . , , . --. i'T1 -, ANGELA M. DUNPHY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-1941 CIVIL ACTION LAW SCOTIP. DUNPHY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 27, 2003 , the conciliator, at 8:30 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 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/ Dawn S. Sunday, Esq. 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 be:D)re 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 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 32 South Bedford Stre:et Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~--in' $ ~ ~ [17'1;9 .~ ~ ~ ~ f:V'I.t ~fr~ ~~~ ~'/5 'ilN\tAlASNN3d AINnO:j G~'!',n\-E8l~nO 9 S." '(' !.'d I - f 'H' "0 .~ ~ ^~" 0 'UVlrY'i: ) .; _) i ,V' I\U , ~ l.d " '.-' ._, .... _. U 3JL:i.~C).-'CJ.jlfj MAY 1 6 2003 1Q' ANGELA M. DUNPHY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1941 CIVIL ACTION LAW SCOTT P. DUNPHY Defendant IN CUSTODY ORDER AND NOW, this 8TH day of Mav.2003, the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement ofthe parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for May 27,2003, is cancelled. FOR THE COURT, Dag~ Custody Conciliator '\)"1 j\l\//\lASf'J (\~3d )JJ!'i,,,,,'-'r:'~ :/'J:1J 2::1 :2:1 i i L ,," f)"~ i , I 'I ...-.. MATRIMONIAL SETTLEMENT AND CUSTODY AGREEMENT THIS AGREEMENT, made this ..3tlti day of O{ft 1 j 2003, by and between Scott P. Dunphy of 371 North 29th Street, Camp Hill, Cumberland County, Pennsylvania ("Husband"), and Angela M. Dunphy of 371 North 29th Street, Camp Hill, Cumberland County, Pennsylvania ("Wife"). RECITALS A. The parties hereto, being Husband and Wife, were lawfully married on June 29, 1997. B. Differences have arisen between Husband and Wife in consequence of which they desire to be divorced. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.SA S 3301 as amended of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference and merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Property. (a) Personal Property. Husband and Wife acknowledge that they have divided the personal property acquired during their marria!le. Wife agrees that Husband may have possession of any personal property brought into the marital residence at 371 North 29th Street, Camp Hill, Cumberland County, Pennsylvania, from his previous 2 residence. Husband hereby relinquishes all right, title and interest in all other marital and non-marital personal property held by Wife. (b) Retirement. Pension, 401-K Plan. Husband hereby relinquishes all right, title and interest in Wife's retirement, pension and/or 401-K Plan, if any, and Wife hereby relinquishes all right, title and interest in Husband's personal retirement, pension and/or 401-K Plan, if any. (c) Real Estate/Business Interests. Husband and Wife are joint owners of certain real property, consisting of the property and improvements situated thereon, located at 371 North 29th Street, Camp Hill, Cumberland County, Pennsylvania. Additionally, Husband owns Second Street Pizza, 224 North Second Street, Harrisburg, Dauphin County, Pennsylvania. Husband hereby relinquishes all right, title and interest in the property at 371 North 29th Street Camp Hill, Cumberland County, Pennsylvania. Husband agrees to execute all documents necessary to convey, transfer or encumber the real property as is reasonably required by Wife including, but not limited to, deeds, mortgages or agreements of sale. Wife agrees that she will take all reasonable and necessary actions to remove Husband from the deed as well as any mortgage and/or mortgage note encumbering the real property. Wife agrees that she is solely responsible for all mortgage payments, as well as all utilities or other costs or assessments which arise after the date of this Agreement. Wife hereby expressly agrees to indemnify, defend and hold harmless Husband from any and all liability, direct or 3 indirect, including attorney's fees and costs, which may arise in connection with their obligation, joint or otherwise, for which she has agreed hereunder to bear sole responsibility. Wife hereby relinquishes all right, title and interest she may have in the Husband's business located at Second Street Pizza, 224 North Second Street, Harrisburg, Dauphin County, Pennsylvania. Wife agrees to execute all documents necessary to conveyor transfer any interest in the personal property as is reasonably required by Husband. Husband agrees that he is solely responsible for all business obligations, as well as any other liabilities which arise after the date of this Agreement. Husband hereby expressly agrees to indemnify, defend and hold harmless Wife from any and all liability, direct or indirect, including attorney's fees and costs, which may arise in connection with these obligations, joint or otherwise, for which he has agreed hereunder to bear sole responsibility. 4. Debts and ObliQations. (a) Individual debts/obligations. Each of the parties shall assume all debts and obligations presently in their individual names and shall indemnify, defend and hold the other harmless from said debts and obligations, whether incurred prior to, during, or subsequent to the marriage. This shall include all personal, individual credit cards and personal individual loans by either party except as otherwise set forth herein. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this 4 Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/oblioations. Husband and Wife represent that there are no joint debts or other debts incurred by either of them. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 5. Leoal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this dcmestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Automobiles. Upon execution hereof, the parties agree that the 2001 Volvo automobile shall become the sole free and clear property of Wife. Husband shall pay insurance on the said Volvo automobile for the period of up to the date of the final Decree in Divorce. Husband waives any right, title or interest he may have in and to said 5 automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision. The parties further agree that all other vehicles, including but not limited to the 2000 Honda Passport shall become the sole free and clear property of the Husband. Wife waives any right, title or interests she may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision. 7. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 8. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 9. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not cancelled by subsequent agreement, the parties hereby release and 6 discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 10. Tax Return. The parties shall file separate individual income tax returns beginning with tax year 2003. Each party shall be solely liable for any tax liability from that period forward and shall indemnify, defend and hold the other harmless from and against any such liability. It is agreed that Wife shall be solely entitled to claim Jack Ryan Dunphy as a dependent on her individual tax return. 11. Medical/Health Insurance. Wife shall be, responsible for Husband's medical/health insurance and the maintenance thereof for the period leading up to the date of the final Decree in Divorce. Wife shall provide medical, dental and vision insurance coverage for Jack Ryan Dunphy. In the event expenses for Jack's medical care should exceed the coverage provided by the medical plan provided by Wife, Husband agrees to pay one-half of any such excess medical expenses. 7 12. Custodv and Visitation. Husband and Wife shall share joint legal custody of their son Jack Ryan Dunphy. Wife shall be provided primary physical custody. At the time Husband removes himself from the residence, on or before July 1, 2003, Husband's visitation shall be established as follows: (a) Each Sunday, Husband shall pick Jack up at Wife's residence at 5 p.m. to keep overnight and shall transport Jack to school Monday morning. (b) Each Tuesday, Wife shall drop Jack off at Husband's residence at 8 a.m. and Husband shall bring him to Wife's residence at 111 :30. (c) Each Thursday, Wife shall drop Jack off at Husband's residence at 8 a.m. and Husband shall bring him to Wife's residence at 111 :30. (d) Each Friday, Husband shall pick Jack up at Wife's residence at 6 p.m. and return him to her residence by 9 p.m. (e) Husband and Wife shall share visitation of Jack on each and every major holiday, as their schedules permit and they agree in advance. (f) Husband and Wife agree that neither party will arrange a babysitter for Jack during their respective periods of visitation for a period exceeding 2 hours without first offering to the other parent the opportunity to care for Jack during their period of absence. 8 (g) Jack shall be permitted to travel for vacation with Wife. In the event a day of Husband's visitation, that time may be rescheduled for Husband during the normal visitation schedule. 13. Child Support. (a) Husband agrees to pay to Wife the sum of Five Hundred and No/100 ($500.00) Dollars per month for child support commencing on May 1, 2003 and each month thereafter until Jack Ryan Dunphy reaches the age of 21 or completes college, whichever should last occur. Said child support shall be increased on January 1 of each year by the CPI (Consumer Price Index) or its successor index. In the event any payment is not made by the fifth day of each month, Husbancl shall be in material default hereunder. (b) Husband and Wife agree to split the costs of Jack's college education, sports and/or educational activities equally. 14. Entire Aareement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 15. Leaallv Bindina. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 9 16. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 17. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 18. Aareement Voluntarv and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; 10 (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and; (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 19. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 20. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 21. Spousal SuPPort. In consideration of the terms hereof, Husband and Wife mutually agree to waive any claim either may have for alimony or spousal support except as may otherwise be provided herein. 22. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 23. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire 11 document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF {!wrIbLdOJZd..J :SS.: On this, the L day of ( J d Ir, , I .~ , 2003, a Notary Public, the undersigned officer, personally a~ P. Dunphy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~NOTARIALSEAI. ... NICOu: O. CHIDESTER Lower Allen Twp., cu~':'~ CommiSSIon exPires Dec. 29~ COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ : SS.: On this, the "j(JM day of ~ / i , 2003, a Notary Public, the undersigned officer, personally appea d Angela M. Dunphy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~l /0 12...3111 1-10 Public My Commission Expires: (SEAL) NOTARIAL SEAL CONNIE R. SHULTZ. Notary Public Mechanicsburg 8oro., Cumberland County :'~y COMmission Expires Augusl19. 2006 C) C:J (') ,~ C..) -'I .,..,. ., '. n" ,') ~, .r._ , 0 , c.~:. ,-. .'~J : 3l: -. '. , ) S> : (1"1 C -, .",; 1:- ~.^f;~ -( ...- -< ANGELA M. DUNPHY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1941 SCOTT P. DUNPHY, Defendant : Civil Action - In Divorce CERTIFICATE OF SERVICE AND NOW, on this 12th day of August, 2003.. I, Connie R. Shultz, hereby certify that I have served the foregoing Complaint in Divorce upon Defendant by mailing a true and correct copy by United States certified first class mail on April 23, 2003, addressed as follows: Scott P. Dunphy c/o Second Street Pizza 224 North Second Street Harrisburg, PA 17104 The return receipt is attached hereto as Exhibit "An. FENSTERMACHER AND ASSOCIATES, P.C. By: ~ J). JJ~ nie R. Shultz, retary EXHIBIT 'A' (} c: -? s. -v OJ rnfT' Z:T' :;;::C_- cn ",__ -< ~,: ~C: :E:c. ~~C:, :Pc' ~ ..~ , f.- ~2 .t="" ANGELA M. DUNPHY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1941 SCOTT P. DUNPHY, Defendant Civil Action - In Divorce/CustodyNisitation PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 23, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. / DATE: 1'IS 03 i'~. () CI 0 s::; (.,~l -n "'D ,., ~ GS . .",.~ fT! --.- ~ ~~ 0,,:; .'--.-' (0 , -<' c (.-~) r;:: .-17 .. --n de': C5 ~~. ~I Pl P- --I .- .. :q .~:: .j;.- -<;. ANGELA M. DUNPHY, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1941 SCOTT P. DUNPHY, Defendant Civil Action - In Divorce/CustodyNisitation WAIVER OF NOTICE OF INTENTION TO R.EQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. r A,.I .7 .,' ~.:'J :'~i,i ,~' . , ,-, il I: (') 0 0 ": w '-n po '2f!o: c: <T) :z . (fl G~l -,' r' (~ .- :i>. , L. E:~. );- ......,... " r- S:J ::::1 -, ~;- -< ANGELA M. DUNPHY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1941 SCOTT P. DUNPHY, Defendant Civil Action - In Divorce/CustodyNisitation DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) ofthe Divorce Code was filed on April 23, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. DATE: 1-?-,5'03 / / cott P. Dunp '-~... ~"j-'J~ ' ;~l ..- "~' ~. If I c C) CO"~ c: W '-Y'I t' ;::-, -r} '-11 ;~-) Z :Z , u:: C_ -<: r"" r: <~ ?:J.~ ( ::;> C ~--~ .c.__ t:'" ,;.. _..J ::'U " ,- -< -...... - ANGELA M. DUNPHY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1941 SCOTT P. DUNPHY, Defendant Civil Action - In Divorce/CustodyNisitation WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 conceming 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. + " - 3H -.j ...._\- , , ;'O~, ..\' ,. j ~ "..: :"> '...l-"-/ <Ai /...jO t'> ~ ~~: ~,. ~:.:.~, ~'.c..: ";-(r~ -.-~~ '0 (..) E; ~i") -< o ., r;:] C.,) 1:--\ L (":1 ., :U ',-) ;'ri --0 - (:- .1:- VS. Plaintiff . IN THE COURT OF COMMON PLEAS CUMBERLAI\lD COUNTY, PENNSYLVANIA Angela M. Dunphy, CIVIL DIVISION Scott P. Dunphy, Defendant NO. 03-1941 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 ~3301 (c) ~:(d)(#ofthe Divorce Code (Strike out inapplicable section). 2. Date and manner of service of the complaint: Complaint dated April 23, 2003, served upon Defendant bv certified mail received April 25, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff July 25. 2003 ; by defendant July 25, 2003 (b) (1) Date of execution of the affidavit required by ~3:l01(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. All matters are concluded pursuant to attached Matrimonial Settlement and Custodv A2reement. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to the file praecipe to transmit record, a copy of which is attached. (b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: attached hereto Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: attached hereto /~p : Attorney for Plaintiff/Defendant \ ~ . o c < -C) o:~ mr':' Z:.-' 7::::, ~: r::: ~C. r;:::;.C -c o w ~ ,~ :::.:t -< o " G:~' "On i::':':'" li"I'l ~ 1""1 :_ 1- ;C.I ""r', ) ~T~ ')'ri :.:... V" ~ -rj ....;..~ ..- (Jl . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PEN NA. STATE OF . . ANGELA M. DUNPHY. . . No. 03-1941 CIVIL TERM . Plaintiff . VERSUS . . . SCOTT P. DUNPHY. . Defendant . . . . DECREE IN DIVORCE t. 3 ~ ~f ~f)~T IS ORDERED AND ~ . . . . . b . AND NOW, . . DECREED THAT ANGELA M. DUNPHY PLAINTIFF, AND SCOTT P. DUNPHY 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 . PROTHONOTARY . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'.6 ':7f /"P}~W ~ EV. el?'J ~ fr?~~'n a?'('{!~ . ,. '.' ': ;;, . " <, i" . .., .'" ANGELA M. DUNPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SCOTT P. DUNPHY, Defendant IN DIVORCE/CUSTODY NO. 03-1941 PETITION REQUESTING CUSTODY CONCiliATION CONFERENCE 1. Plaintiff is Angela M. Dunphy, residing at 371 North 29th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Scott P. Dunphy, residing at 32 Circle Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant seeks an expanded schedule of partial physical custody of Jack Ryan Dunphy, born October 6, 1997, who currently resides with Plaintiff, at 371 N. 29th Street, Camp Hill, PA. 4. Plaintiff filed a custody count to the divorce complaint docketed to the above term and number and a custody conciliation conference was scheduled before Dawn S. Sunday for May 27, 2003. 5. The said conference was cancelled after the Conciliator was advised that the parties had reached an agreement. 6. The parties executed a Matrimonial SeWement and Custody Agreement dated April 30, 2003 where custody and visitation of the parties' !ion is outlined at Paragraph 12. 7. Defendant seeks to amend said schedule of visitation and requests the scheduling of a custody conciliation conference before Ms. Sunday. WHEREFORE, Defendant requests the Court tCl schedule a custody conciliation before Dawn S. Sunday to review Defendant's request for an Elxpanded visitation schedule with his son. I ,J~~ /Sandra L. l\IIeilton, Es ire TUCKER AIRENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 A HORNEYS FOR DEFENDANT 68356.1 VERIFICATION I, the undersigned, Scott P. Dunphy, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowl'~dge, information and belief. I understand that any false statements herein are, made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Sco ~f~~ unphy Dated: s-l~y ~~ ~J -..J + - '<1 0<:\ ~ ~, ~ ~ C! 0 ...., = 0 C <.-:=;) -n ;,::~ J:"' --:; l~['.: ::>: -I '=",:1 ::c.>' :C" -< nlr 1 -om :06 -.J ,-) :::.... -0 -r- -T, ~~:? E3 N (r'}fil "I Ul 5J 0"' ..0( ANGELA M DUNPHY : PLAINTIFF : V. : IN THE COURT OF C. OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1941 CIVIL ACTION LAW SCOTT P. DUNPHY : IN CUSTODY DEFENDANT ORDER OF _COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 15, 2004 at 1:00 PM 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 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/ Dawn S. Sunday,. Esq. Custody Conmhato mhc The Court of Common Pleas of Cumberland County is require.d 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 (}ET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUN 2 9 Z004 , ANGELA M. DUNPHY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1941 CIVIL ACTION LAW SCOTT P. DUNPHY Defendant IN CUSTODY ORDER OF COURT AND NOW, this t;'~JJ day of ~ \J \ '::L ' 2004, upon consideration of the attached Custody Conciliation Report, it is Ilrdered and directed as follows: I. The parties shall submit themselves, their rninor Child, and any other individuals deerned necessary by the evaluator to a custody evaluation to be performed by Kasey Shienvold, Psy.D. or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangernents which will best serve the needs and interests of the Child. In the event the evaluation is not cornpleted prior to the beginning of the 2004-2005 school year, the parties shall olbtain interim recommendations for a school year custody schedule pending completion of the evaluation, unless otherwise agreed between the parties. All costs ofthe evaluation shall be equally shared between the parties. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Child. 2. The Mother, Angela M. Dunphy, and the Father, Scott P. Dunphy, shall have shared legal custody of Jack Ryan Dunphy, born October 6, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all rnajor non-ernergency 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 ofthis paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and rnedical records and information. 3. Pending completion of the custody evaluation and further agreernent of the parties or Order of Court, the parties shall have physical custody of the Child in accordance with the following schedule: A. During alternating weeks, the Father shall have custody ofthe Child frorn Sunday at 11 :00 a.m. through Tuesday at 8:00 p.m., beginning on Sunday, June 20, 2004. During the interirn weeks, the Father shall have custody of the Child from Sunday at 7:00 p.rn. through Tuesday at 5:00 p.rn. In every week, the Father shall have custody ofthe Child from Thursday at 9:00 a.m. through Friday at 10:00 a.m., beginning ThUlrsday, June 17,2004. >- 0; is W() 02 ~O .....FE gfr! ~Q.. cr: lu FE 15 It') LO ~ i:: % ;:::>:$ , ),. C);[C .-..". ~_.... '~;~ "---,.. "'-4- UJI.U !"[i'O.. 'os ~- -.J o :r= Q.. r- I -' ::::> -, -"" = => ..... ". B. The Mother shall have custody of the Child during the period when the Father works on Thursdays, which usually occurs from 2:00 p.m. until 6:00 p.m. In addition, the Mother shall have custody at all other tirnes not specified for the Fathe~ in this Order. 4. In 2004 pending completion ofthe custody evaluation, the Father shall have custody of the Child on Father's Day beginning at II :00 a.rn., and the Mother shall have custody of the Child on Labor Day frorn 9:00 a.m. until 8:00 p.m. 5. In 2004, the Father shall have custody of the Child for vacation from June 26 through July 3 and the Mother shall have custody of the Child for vacation from July 3 through July 6. For the exchange of custody to take place on Saturday, July 3 under this provision, the parties shall rneet halfway between Stone Harbor, New Jersey and Virginia Beach, Virginia at a specific place and time to be selected by agreernent between the parties and counsel. During the remainder of the summer in 2004, the Mother shall be entitled to have custody of the Child f<)r two additional non-consecutive weeks and the Father shall be entitled to have custody for one additional week. The parties shall provide each other with reasonable notice of vacation plans and Ilhe party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. Unless otherwise agreed between the parties, periods of holiday custody under this Order shall supercede and take precedence over the regular and vacation custody schedule and the vacation custody schedule shall take precedence over the regular scheduk. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shalll:nsure that third parties having contact with the Child comply with this provision. 8. Within 60 days of receipt of the written custody evaluation recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary at that tirne. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of rnutual consent, the terms of this Order shall control. BY THE COURT, vw~ 0ft71l cc: John R. Fenstermacher, Esquire - Counsel for Mother Sandra L. MeiIton, Esquire - Counsel for Father ~~ 1,04-0'( C}.-. John R. Fenstermacher, Esquire 5115 East Trindle Road 11echarricsburg,PJ\ 17050 Sandra L. MeiIton, Esquire III North Front Street P. O. Box 889 Harrisburg, P A 17 I 08-0889 o ANGELA M. DUNPHY Plaintiff JUN 2 9 20tU ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1941 CNIL ACTION LAW SCOTT P. DUNPHY Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator subrnits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jack Ryan Dunphy October 6,1997 Mother/Father 2. A conciliation conference was held on June 15, 2004, with the following individuals in attendance: The Mother, Angela M. Dunphy, with her counsel, John R. Fenstermacher, Esquire, and the Father, Scott P. Dunphy, with his counsel, Sandra L. MeiIton, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ .:2 It ,;).Ooe.( Date Da(j~:::r Custody Conciliator c ANGELA M. DUNPHY Plaintiff OCT 1 22004 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 03-1941 CNIL ACTION LAW SCOTT P. DUNPHY Defendant IN CUSTODY ORDER OF COURT AND NOW, this L~ 1-4. day of 0 t'L , 2004, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon I. The Mother, Angela M. Dunphy, and the Father, Scott P. Dunphy, shall have shared legal custody of Jack Ryan Dunphy, born October 6, 1997. Each parent 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. Pending the parties' participation in counseling and further evaluation of the custodial situation, and further Order of Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the fOllowing schedule: A. The Father shall have custody of the Child in alternating weeks frorn Sunday at 12:00 noon through Tuesday at 7:00 p.m. and on Thursday frorn 3:30 p.m. until 7:00 p.m. In the interim weeks, the Father shall have custody of the Child on Monday and Tuesday from 3:00 p.m. until 7:00 p.m. and on Thursday from 3:30 p.m. until 7:00 p.m. B. For a special occasion, the Father shall have custody of the Child from Friday, October 15, at 5:00 p.m. through Sunday, October 17, 2004, at 5:00 p.m. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this provision. D. The Father shall pick up the Child directly from school at the beginning of his periods of custody on Mondays and Tuesdays and the Mother shall pick up the Child directly frorn school on Wednesdays through Fridays. In addition, as permitted by the school, the Father shall be entitled to visit with the Child at school on Mondays and TueSdays and the Mother shall be entitled to visit with the Child at school frorn Wednesday through Friday. >- {Y' ~!: t~~; (;) ~::-~ (.")c',:-: ~:j(-'- r:cl.U . :r: 1-- I,.t_ o en (") ('.J ?: ::-?'" _5 ':.) , ) ::::r.: 0- [,f) >- C-' Q _T c;;::.':) ~~ C'-.J 3. In 2004, the Mother shall have custody of the Child for Thanksgiving, the Christmas holiday frorn Decernber 26 at 12:00 noon through December 28 at 12:00 noon, and frorn New Year's Eve through New Year's Day. In 2004, the Father shall have custody of the Child for the Christmas holiday from Christmas Eve at 5:00 p.m. through Decernber 26 a112:00 noon. The parties agree to alternate the foregoing holidays in 2005, with the specific times to be arranged by agreement but with each party having substantially the same period of custody as the other party is scheduled to have in 2004. 4. The parties shall engage in a course of co-parenting counseling with Jessica Hart, MA. The purpose ofthe counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of counseling which are not covered by insurance shall be shared equally between the parties. Both parties shall contact the counselor in order to schedule the initial sessions. 5. The parties shall make arrangernents with Kasey Shienvold, Psy.D. for a supplernental evaluation of the custody arrangements in January 2005 following initiation of the parties' participation in co-parenting counseling and the Father's participation in individual counseling. The purpose of the supplemental evaluation process shalf be to obtain recommendations addressing the Father's request for expanded periods of custody in light of participation in counseling. 6. Unless otherwise agreed between the parties, the parent relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. In the event either party intends to rernove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. The parties and counsel shall attend an additional custody conciliation conference in the office ofthe conciliator, Dawn S. Sunday, on the 22nd day of February, 2005 at 9:00 a.m. for the purpose of reviewing the updated recommendations and guidance from the evaluator and counselors. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of rnutual consent, the terms of this Order shall control. BYTH.ECOU~' ~J ...-., Q J. Wesley 01 , r. . J. cc: ....sandra L. Meilton, Esquire - Counsel for Father ,.,samuel L. Andes, Esquire - Counsel for Mother <..! n~;~ ~\~1b'O~ \ ()- '\ ANGELA M. DUNPHY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 03-1941 CIVIL ACTION LAW SCOTT P. DUNPHY Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator subrnits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jack Ryan Dunphy October 6, 1997 Mother/Father 2. A conciliation conference was held on October 5, 2004, with the following individuals in attendance: The Mother, Angela M. Dunphy, with her counsel, Samuel L. Andes, Esquire, and the Father, Scott P. Dunphy, with his counsel, Sandra L. MeiIton, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Or)vbv7 Date 7 , d-001( , Daft~q~ Custody Conciliator ANGELA M. DUNPHY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 03-1941 SCOTT P. DUNPHY, Defendant PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Sandra L. Meilton for the law finn of Tucker Arensberg, P.C. and hereby avers the following: 1. In May of 2004, Petitioner began performing legal services on behalf of Defendant in the above matter. 2. Petitioner had been assisting Defendant in the preparation and finalization of a Stipulation to be filed in the above matter with the Court. 3. The working relationship between Petitioner and the Defendant has recently deteriorated. 4. In addition, Defendant is currently indebted to Petitioner's law firm in an amount in excess of $7,000. 5. Withdrawal of the Petitioner from the cas,e will not materially prejudice Defendant or delay any pending litigation. 6. For the reasons set forth herein, Petitioner desires to sever the representation relationship with Defendant. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. permission to withdraw as counsel for Defendant, Scott P. Dunphy. Respectfully submitted, TUCKER ARENSBERG, P.C. By: ~~;(~A/~ / andra L. Meilton I.D. # 32551 111 North Front Stmet P.O. Box 889 Harrisburg, PA 17108 Petitioner CERTIFICATE OF SERVICE !-A" AND NOW, this (() day of 7-c;6", t{ ~r!!r-, 2005, I, Gloria M. Rine, I Paralegal to Sandra L. Meilton, Esquire, for the firm of Tuckm Arensberg, P.C, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Mr. Scott Dunphy 32 Circle Drive CampHill,PA 17011 I ~i, /J 7L ria M. Rine 75580.1 .... ---- r'\ \\' " ~' ~.:; < ~'\ c..1 ~ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - U\W } ANGELA M. DUNPHY, Plaintiff SCOTT P. DUNPHY, Defendant : IN CUSTODY : NO. 03-1941 RULE TO SHOW CAUSE AND NOW, this ~ day of - L t c __, , 2005, upon consideration of the Petition to Withdraw as Counsel, a Rule is issued upon Defendant, Scott P. Dunphy, and Plaintiff's counsel to show cause why Sandra L. Meilton and TUCKER ARENSBERG, P.C., should not be granted leave 10 withdraw as counsel for Defendant in this case. RULE RETURNABLE I D DAYS FROM THE DATE OF SERVICE. Service shall be accomplished by first class mail to Defendant and counsel for Plaintiff. BY THE COURT: ~ {l.(j:} O';f \'0 I J. .~ <. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA M. DUNPHY, Plaintiff SCOTT P. DUNPHY, Defendant IN CUSTODY NO. 03-1941 PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Sandra L. Meilton, Elnd Tucker Arensberg, P.C., and petitions this Honorable Court as follows: 1. A certified copy of the Petition to Withdraw as Counsel filed by Petitioner in the above matter, along with a copy of the Rule entered by the Honorable J. Wesley Oler, Jr. were served on Defendant and Plaintiff's counsel by Petitioner's letter dated February 23, 2005. 2. Said Rule gave Defendant and Plaintiff's couns,el ten (10) days to respond after service. 3. More than ten days has elapsed since service. Neither Defendant nor Plaintiff's counsel have responded to said Petition and Rule. WHEREFORE, Petitioner respectfully requests that this Honorable Court make the Rule absolute and allow Petitioner to withdraw as counsel for Defendant the above matter. TUCKER ARENSBERG. P.C. By: ~Af"; - Sandra L. Meil on,. P.O. Box 889, Harrisburg, PA 17108 (717) 234-4121 Petitioner t-~ , ~..,.'~ ...->,. ';,,~} 'L~} ':1 r"~'~ ,'1 c;J '-.' c:' !'IAR 0 ? 21)05 Y ANGELA M. DUNPHY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-1941 CIVIL ACTION LAW SCOTT P. DUNPHY Defendant IN CUSTODY ORDER AND NOW, this 28th day of February.2005 ,the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference which had been rescheduled to March 10, 2005, is cancelled. FOR THE COURT, U<'-Y'-J '- ~1.q- / Dawn S. Sunday, Esquire 71 Custody Conciliator DSSlbb/conciliations/Dunphy DORJ 2.28.05 L {,.>. I '",,!J t." - \, ,n I ,'1 C, 7 ~ ' u'~!:j-'1 ::Jl.;uv "',\ i,C', ',~' j....} 'Y MAR 0 4 20f15 ,..Ii l"111 ' ANGELA M. DUNPHY, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1941 CIVIL TERM SCOTT P. DUNPHY, Defendant IN CUSTODY , !' i' ORDER OF COURT AND NOW this ~ day of WI V ( L , 2005, upon the " agreement of the parties as expressed in the attached Stipulation, we hereby order and Ii Ii direct as follows: '1' I I! '1 II II II ,I Ii Ii !i 'i II 'I 1. All prior orders of custody in this matter are vacated and replaced with this Order. 2. The Plaintiff Angela M. Dunphy ("Mother") and the Defendant Scott P. Dunphy ("Father") shall share legal custody of their minor child Jack Ryan Dunphy, born October 6, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions which affect the child's general well being including, but not limited to, decisions regarding his health, education, and religion. Each party shall be entitled to full access to all records and information pertaining to the i i child including, but not limited to, school and medical records and information. !i 3. Mother shall have primary physical custody of the child subject to Father's II II periods of custody, as follows: II custod: 'OfDt~~n:h~~e dSucr~;:lt~:~: ;s~nwae:;o;::e ~ :~~I;:; ~:hne~~~~~~:vn~i I I 7:00 p.m. on Tuesday and, during the second week, from noon on Sunday i until 7:00 p.m. on Tuesday. II B. During the child's summer vacation from school, on a two-week II cycle, Father shall have custody, during the first week, from 5:00 p.m. on Sunday until 7:00 p.m. on Tuesday and, during the second week, from noon on Sunday until 9:00 a.m. on Wednesday. Lf') Li.~J t,~ ....... (,0 I 0~':: , ",:~::: , r..:: -".- " lL ~r"" :~:) ,""..', C) c:''';', 0 (;......~ II 4. The parties shall share or alternate custody of the child on major holidays as follows: I II I ;1 ,I I I I I i I , I A. In calendar year 2005: 1. For the Easter holiday, Mother shall, have the child from 5:00 p.m. on Saturday until 9:00 a.m. on Monday. 2. For the Memorial Day weekend, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 3. For the 4th of July holiday, Mother shall have the child from 5:00 p.m. on Friday until 10:00 a.m. on Tuesday. 4. For the Labor Day weekend, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 5. For the Thanksgiving holiday, Father shall have the child from 5:00 p.m. on Wednesday until 10:00 a.m. on Friday. 6. For the Christmas holiday, Mother shall have the child from 5:00 p.m. on December 24th until noon on December 26th and Father shall have the child from noon on December 26th until noon on December 29th. 7. For the New Years holiday, Father shall have the child from noon on December 31st until 5:00 p.m. on January 1st. B. For calendar year 2006: 1. For the Easter holiday, Father shall have the child from 5:00 p.m. on Saturday until 9:00 a.m. on Monday. 2. For the Memorial Day weekend, Mother shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 3. For the 4th of July holiday, Father shall have the child from 5:00 p.m. on Sunday until 10:00 a.m. on Wednesday the 5th of July. 4. For the Labor Day weekend, Mother shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 5. For the Thanksgiving holiday, Mother shall have the child from Wednesday at 5:00 p.m, until Friday at 10:00 a.m. II ,I I 6. For the Christmas holiday, Father shall have the child from 5:00 p.m. on December 24th until noon on December 26th and Mother shall have the child from noon on December 26th until noon on December 29th, and Father shall have the child from noon on December 29th until noon on December 30th. 7. For the New Years holiday, Mother shall have the child from noon on December 30th until 5:00 p.m. on January 1, 2007. C. For calendar year 2007: 1. For the Easter holiday, Mother shall have the child from 5:00 p.m. on Saturday until 9:00 a.m. on Monday. 2. For the Memorial Day weekend, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 3. For the 4th of July holiday, Mother shall have the child from 5:00 p.m. on Monday until 10:00 a,m. on Thursday, July 5th. 4. For the Labor Day holiday, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 5. For the Thanksgiving holiday, Father shall have the child from Wednesday at 5:00 p.m. until Friday at 10:00 a.m. 6. For the Christmas holiday, Mother shall have the child from 5:00 p.m. on December 24th until noon on December 26th, Father shall have the child from noon on December 26th until noon on December 29th. 7. For the New Years holiday, Mother shall have the child from noon on December 31 st until 5:00 p.m. on January 1st, 2008. The holidays in subsequent years will be shared in alternated by the parties in accordance with the same schedule as set out above. 5. Each party shall be entitled to the child for two weeks each year, to be exercised in two blocks of no more than seven (7) days each in duration. Vacation II I I 6. Father shall continue his counseling with Deb Salem. The parties agree that I they shall attend co-parenting counseling sessions with a counselor selected by their II mutual agreement and that they shall continue in such counseling for six months unless I 1 the counselor deems the counseling unnecessary. 7. The parties agree that they shall not use the child as a conduit for communications or the exchange of information between them and shall not pass I documents pertaining to custody, child support, or other matters through the child. They I further agree that neither of them shall discuss with the child adult matters between j I, them, including matters of child custody, child support, and other potential disputes or I, Ii disagreements between the parents. i, Ii 8. The parties agree that they will both strictly follow a school night bedtime of Ii 8:00 p.m. for the child. Both parties must agree before the child is signed up for any I II outside activities, including athletics and other activities (including athletics and all other I' activities) that occur or which have practices, meetings, or other events which will be II 'I scheduled during the other parent's periods of custody. When the parents mutually agree I. upon such activities, each of them will be responsible to provide to the other full III information about the coaching, the practice, game, and other activity schedules as soon Ii as that information becomes available to either parent. 9. Father shall immediately cease showing the child surveillance videos from his business, specifically including, but not limited to, videos of fist fights that occur at his place of business. periods shall not fall on either parent's scheduled holiday periods of custody as set forth above. The parties shall schedule their periods of vacation custody no later than April 30 each year. In odd numbered years, Father shall have the right to make the first selection for his first week of vacation, Mother shall follow with her selection for her first week of vacation, Father shall then select his second week of vacation, and Mother shall then select her second week of vacation. In even numbered years, the order of selection shall change so that Mother shall have the first and third choices and Father the second and fourth choices. II II 10. Neither party shall permanently relocate outside the jurisdiction of Pennsylvania without a minimum notice of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. BY THE COURT, L!/~ , I I II I II II 'II 'i II il II t\ II II Ii Ii I I Ii II II II d II II I ! Distribution: ~muel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 vS'cott P. Dunphy, ora se 32 Circle Drive, Camp Hill, PA 17011 ~ J. ,"--, //' II II ., I I ANGELA M. DUNPHY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1941 CIVIL TERM SCOTT P. DUNPHY, Defendant IN CUSTODY STIPULATION AND NOW come the above-named parties, and stipulate and agree that the court shall enter the attached Order in this matter, to reserve the matters currently pending before this Court. I i j I I i'~ '>>t.~ I, Ang M, Dunphy, Plaintiff " II Date: ~ /1 / ~5 Ii " !I , I i II 1, II I I / /' / ,- / / ;' I II v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIAMAR 1 02005 CIVIL ACTION - LAW I ty ANGELA M, DUNPHY, Plaintiff SCOTT p, DUNPHY, Defendant IN CUSTODY NO, 03-1941 ORDER AND NOW, this ILllL day of p1;f 7 ~ c.. ~ , 2005, upon consideration of the Petition to Make Rule Absolute, it is hereby ORDERED AND DECREED THAT Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P,C, shall be withdrawn as counsel for Defendant, Scott p, Dunphy, in the above matter, BY THE COURT: ~,t ,1 : ' .' L-, -, ; / ! / --I I J. " C: Distribution: --81!lndra L. Meilton, Esquire, PO, Box 889, Harrisburg, PA 17108 ') ~muel L. Andes, Esquire, P,O, Box 168, Lemoyne, Pa 17043 :::;:fir, Scott P Dunphy, 32 Circle Drive, Camp Hill, PA 17011 ~ 03.-}6 -0_5 76338,1 c II II VS, } } } ) } } ) } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA M. DUNPHY, Plaintiff CIVIL ACTION - LAW NO. 03-1941 CIVIL TERM I ISCOTT p, DUNPHY, II I Defendant IN CUSTODY ORDER OF COURT , II AND NOW this day of , 2005, upon consideration II of the attached Petition, this matter is referred to the conciliator, Dawn S. Sunday, Esquire, 'I ~hO is directed to conduct a conference on the matters raised in this Petition promptly and file I a\ report with the court after that conciliation conference. I I II I II I BY THE COURT. J. I olSTRIBUTION: , ! Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12'h Street, Lemoyne, PA 17043 Scott P. Dunphy (Defendant, pro se) 32 Circle Drive, Camp Hill, PA 17011 II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA M. DUNPHY, Plaintiff CIVIL ACTION - LAW NO. 03-1941 CIVIL TERM I ISCOTT p, DUNPHY, i Defendant IN CUSTODY PETITION AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and I i p~titions the court for relief in the above matter, based upon the following: II! 1, The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. At II t~e present time, to Plaintiff's knowledge, the Defendant is not represented by counsel. The I gefendant's current address is 32 Circle Drive in Camp Hill, Cumberland County, 111ennSYIVania 17011. II I 2, In March of 2005, this court entered the most recent order in this action, That order II J'arded shared legal custody of the parties' one child, Jack Ryan Dunphy, born 6 October I r I 1p97. The order awarded Plaintiff primary physical custody and set a schedule for Defendant i tg have periods of temporary custody. Ii: 3. Since the entry of that order, Defendant has consistently violated it and failed to , otserve both the spirit and letter of the order. Some examples of his conduct which are I vtlatile of the order are: I A. He terminated the co-parenting counseling that was ordered by the , i court and has, as yet, refused to continue that counseling or to schedule counseling with another counselor. B. Plaintiff believes he has discontinued his personal counseling with Debra Salem as required by the order. II Ii II I I II I C. He demonstrates open hostility to Plaintiff in the presence of the child. D, He has stated, in the presence of Plaintiff and others, that no Judge and no order of court will control his access to his child or the time he spends with his child. E, He does not observe the child's bedtime in accordance with the order. F, He consistently returns the child at times other than specified in the order and is generally late with his return times, G. He continues to involve the child in disputes between the parties and continues to discuss adult matters with the child to involve him in those disputes. H, He has attempted to exclude Plaintiff from activities in which the child is involved in an effort to monopolize those activities. I. He has interfered with Plaintiff's periods of custody by visiting the child at school and at his activities contrary to the expressed wishes and instructions of Plaintiff, laintiff believes that Defendant will continue to violate the order because Defendant has ade it clear, by his conduct and by statements he has made to Plaintiff and to others, that he ill not be bound by the terms of any court order and will see his child when, where, and as he 4, Plaintiff believes that Defendant suffers from emotional, psychological, or psychiatric p oblems which prevent him from understanding his proper role as a parent and prevent him fr m cooperating with Plaintiff in raising the child, Some of those problems were noted in a c stody evaluation done earlier in this case by Kasey Shienvold, Psy.D. of Riegler Shienvold & Associates. A copy of that evaluation is attached here and marked as EXHIBIT A. 5. Defendant's conduct toward Plaintiff and toward the child has not improved since the e aluation done by Dr. Shienvold or the counseling which this court has ordered Defendant to u dertake. 6. Plaintiff believes that Defendant's conduct toward her and others and in the pr~sence of and toward the child, is detrimental to the child and is disrupting his proper , I i , I , rl I I I upbringing, She believes the proper way to protect the child from Defendant's conduct is to suspend the order until this matter can be fully evaluated by a psychologist and heard fully by this court. In addition, Plaintiff feels it is best for the child to suspend the father's periods of temporary custody until that evaluation and hearing can be completed. WHEREFORE, Plaintiff prays this court to order and direct as follows: A, Require both parties to participate in a custody evaluation by Kasey Shienvold, Psy,D. to update the evaluation he performed in 2004 and to fully evaluate Defendant's behavior and its effect upon the child; and B. Following that evaluation, to conduct a hearing to determine the extent to which Defendant should have periods of temporary custody with the child; and C. Compel Defendant to comply with the provisions of the current order which require him to continue his personal counseling and participate in co- parenting counseling with Plaintiff; and D. Suspend Defendant's periods of temporary custody with the child pending the completion of the evaluation and a full hearing before this court; and E. After the custody evaluation and a full hearing before this court, reduce Defendant's periods of temporary custody beyond that set out in the current order and impose such conditions on the Defendant's custody of the child as are reasonable or necessary to protect the child; and F. Such other actions as the court deems appropriate or equitable. Samuel L. Andes Attorney for Plaintiff Supreme Court I D # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 'i-I I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa, C.S, 4904 (unsworn falsification to authorities). ~ate: 7 - :0 t;.- 0 s/ I , \ , I I I I I , I I \ i' I II I II ! I I I I I I ~ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the Defendant by regular mail, postage prepaid, addressed as follows: Scott P. Dunphy 32 Circle Drive Camp Hill, PA 17011 Date: 27 April 2005 '\ rkins retary for Samuel L. Andes ten 1') , \ II \\ \\ ~ ~ \ " \ \ \ , \ \\ II \ ~ \ , \ \ , \ i , \ \ \ \ '. i , i E-)( \-\\ B rr \. , '. I I '. ANGELA M. DUNPHY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1941 CIVIL TERM SCOTT P. DUNPHY, Defendant IN CUSTODY ORDER OF COURT AND NOW this day of , 2005, upon the ~greement of the parties as expressed in the attached Stipulation, we hereby order and firect as follows: ! 1, All prior orders of custody in this matter are vacated and replaced with this ~rder. I 2. The Plaintiff Angela M. Dunphy ("Mother") and the Defendant Scott P. Dunphy I ~"Father") shall share legal custody of their minor child Jack Ryan Dunphy, born October ,I ,1997. Each parent shall have an equal right, to be exercised jointly with the other I I arent, to make all major non-emergency decisions which affect the child's general well eing including, but not limited to, decisions regarding his health, education, and religion. ach party shall be entitled to full access to all records and information pertaining to the hild including, but not limited to, school and medical records and information. ! 3. Mother shall have primary physical custody of the child subject to Father's ~eriods of custody, as follows: A. During the school year, on a two-week cycle, Father shall have custody of the child during the first week, from 5:00 p.m. on Sunday until 7:00 p.m. on Tuesday and, during the second week, from noon on Sunday until 7:00 p.m. on Tuesday. B. During the child's summer vacation from school, on a two-week cycle, Father shall have custody, during the first week, from 5:00 p.m. on Sunday until 7:00 p.m. on Tuesday and, during the second week, from noon on Sunday until 9:00 a.m. on Wednesday. 4. The parties shall share or alternate custody of the child on major holidays as follows: A. In calendar year 2005: 1. For the Easter holiday, Mother shall, have the child from 5:00 p.m. on Saturday until 9:00 a.m. on Monday. 2. For the Memorial Day weekend, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 3. For the 4th of July holiday, Mother shall have the child from 5:00 p.m. on Friday until 10:00 a.m. on Tuesday. 4, For the Labor Day weekend, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 5. For the Thanksgiving holiday, Father shall have the child from 5:00 p.m. on Wednesday until 10:00 a.m. on Friday. 6. For the Christmas holiday, Mother shall have the child from 5:00 p.m. on December 24th until noon on December 26th and Father shall have the child from noon on December 26th until noon on December 29th. 7. For the New Years holiday, Father shall have the child from noon on December 31" until 5:00 p.m, on January 1"t. B. For calendar year 2006: 1. For the Easter holiday, Father shall have the child from 5:00 p.m. on Saturday until 9:00 a.m. on Monday. 2. For the Memorial Day weekend, Mother shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 3. For the 4th of July holiday, Father shall have the child from 5:00 p.m. on Sunday until 10:00 a.m. on Wednesday the 5th of July. 4. For the Labor Day weekend, Mother shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 5. For the Thanksgiving holiday, Mother shall have the child from Wednesday at 5:00 p.m. until Friday at 10:00 a.m. 6. For the Christmas holiday, Father shall have the child from 5:00 p.m. on December 24th until noon on December 26th and Mother shall have the child from noon on December 26th until noon on December 29th, and Father shall have the child from noon on December 29th until noon on December 30th. 7. For the New Years holiday, Mother shall have the child from noon on December 30th until 5:00 p.m. on January 1, 2007. C. For calendar year 2007: 1. For the Easter holiday, Mother shall have the child from 5:00 p.m. on Saturday until 9:00 a.m. on Monday. 2. For the Memorial Day weekend, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 3. For the 4th of July holiday, Mother shall have the child from 5:00 p.m. on Monday until 10:00 a.m, on Thursday, July 5th. 4. For the Labor Day holiday, Father shall have the child from 5:00 p.m. on Friday until 9:00 a.m. on Tuesday. 5. For the Thanksgiving holiday, Father shall have the child from Wednesday at 5:00 p.m. until Friday at 10:00 a.m. 6. For the Christmas holiday, Mother shall have the child from 5:00 p.m. on December 24th until noon on December 26th, Father shall have the child from noon on December 26th until noon on December 29th. 7. For the New Years holiday, Mother shall have the child from noon on December 31 st until 5:00 p.m. on January 1't, 2008. the holidays in subsequent years will be shared in alternated by the parties in accordance ~ith the same schedule as set out above. I 5. Each party shall be entitled to the child for two weeks each year, to be I dxercised in two blocks of no more than seven (7) days each in duration. Vacation I , ! weriods shall not fall on either parent's scheduled holiday periods of custody as set forth <IIbove. The parties shall schedule their periods of vacation custody no later than April 30 each year. In odd numbered years, Father shall have the right to make the first selection ~or his first week of vacation, Mother shall follow with her selection for her first week of acation, Father shall then select his second week of vacation, and Mother shall then elect her second week of vacation. In even numbered years, the order of selection shall hange so that Mother shall have the first and third choices and Father the second and ourth choices. 6. Father shall continue his counseling with Deb Salem. The parties agree that ~eY shall attend co-parenting counseling sessions with a counselor selected by their utual agreement and that they shall continue in such counseling for six months unless he counselor deems the counseling unnecessary. 7. The parties agree that they shall not use the child as a conduit for ommunications or the exchange of information between them and shall not pass ocuments pertaining to custody, child support, or other matters through the child. They urther agree that neither of them shall discuss with the child adult matters between hem, including matters of child custody, child support, and other potential disputes or isagreements between the parents. 8. The parties agree that they will both strictly follow a school night bedtime of :00 p.m. for the child. Both parties must agree before the child is signed up for any utside activities, including athletics and other activities (including athletics and all other ctivitiesl that occur or which have practices, meetings, or other events which will be cheduled during the other parent's periods of custody. When the parents mutually agree pon such activities, each of them will be responsible to provide to the other full i formation about the coaching, the practice, game, and other activity schedules as soon s that information becomes available to either parent. i 9. Father shall immediately cease showing the child surveillance videos from his usiness, specifically including, but not limited to, videos of fist fights that occur at his lace of business. I.. 10. Neither party shall permanently relocate outside the jurisdiction of f'ennsylvania without a minimum notice of sixty (60) days to the other party. The sixty l60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing, BY THE COURT, J. PistributiOn: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Scott P. Dunphy, pro se 32 Circle Drive, Camp Hill, PA 17011 I , ,'. ANGELA M. DUNPHY, Plaintiff vs. SCOTT P. DUNPHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1941 CIVIL TERM IN CUSTODY STIPULATION AND NOW come the above-named parties, and stipulate and agree that the court dhall enter the attached Order in this matter, to reserve the matters currently pending ~efore this Court. ! '>>t. M. Dunphy, Plaintiff Date: ~ /1 /~5 ( , ~, (J ;J , , ~-n -04,., '-._,'1 \"l -I f0 -,.- ~ S9 i'\~ ~ """ \ \, .1.:'- ) VI <> ~.~:) ) <.> c- ~, '\l. 'if \.F'. --""'0 r-,) d '"l- J 'J,.:;, ."- .... ~..:' .~ ~ \'''''' J ~ I.I - -- - . ANGELA M, DUNPHY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03.1941 CIVIL ACTION LA W SCOTT p, DUNPHY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 11, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, P A 17055 on Monday, Jnne 06, 2005 , the conciliator, at 8:30 AM -- for a Pre-Hearing Custody Conference, At such con terence, an effort will be made to resolvc 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 conterence, Failure to appear at the conterence may provide grounds for entry of a temporary or pemanent 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: /sl Dawn S. Sunday, Esq. Custody Conciliator f The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of \990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business bel,)re the court, please contact our oftice, 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 A TTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? . (J~ 'r ~ P1sj ~c; ~>f1 1;:rfY~ /If? - tf L;YJJ W1,(I-rJ1ftl IUd] ,1/1"1) C7}"'1J "'fP 1- ", _'""'fl r, 5t:! C! ~S )0 (/ :;. )0' t/ '5" .,' :';.) \ \ . , ' ., \' ,'" \ "',"1 I I,"~ I.,\i" .' ." ~ .' J~ JU ~ ~. ,----- ANGELA M. DUNPHY Plaintiff RECI:::r\TED OCT 2 0 LiJuJ BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1941 CIVIL ACTION LAW SCOTT P. DUNPHY Defendant IN CUSTODY ORDER AND NOW, this 19th day of October.2005 , the conciliator, being advised that the custody conciliation conference scheduled for October 18, 2005 is not necessary at this time, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator \-. '.. '