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Home My WebLink About01-05531_.:_ _ _ ;. [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. •, _ LISA M. CUMMINGS it N o. oz-sssi c~~~I VERSUS JOEL E. CUMMINGS DECREE IN DIVORCE AND NOW, '~Gn.. _c~~, 2005 IT IS ORDERED AND DECREED THAT LISA M. CUMMINGS PLAINTIFF, AND JOEL E. CUMMINGS ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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 BY THE COU PROTHONOTARY :, ..,.W'~i9a6~:,5. siqu'aAaa`"r3a~,auF,«ya~r:zap=~:5x2~3.=±..~t~~39vtt~asYe^aag- eb'~4wAr re~~. .~:'~~•m•~;. sj ~~ I c .- LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-5531 CIVIL IN DIVORCE AND CUSTODY NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The pazties to this action separated June 13, 2001 and have continued to live sepazate and apart for a period of at least two yeazs. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit aze 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. 0 6C.~ /0-/ -03 6 Date is M. Cum gs, Flaintiff -- ~e s::~.~tr- . ~6' ;[-o,„cy: 4.Fy~ A.,~~a.Maaii~VXn~s~~'dts"'~' ra+a - -- -~. •.e~&3~0"'ir~.'e- Lr~.-°°°°~""••. € p ~ G ~ =~ _ T3 ~ j T _ ~a - i , - ~_ ~~~' _? -o ~ -.m L7 ~ -c~ ~ - ~ G ~ f n ~ ~ «.t b ~~~ LISA M. CUNNINGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 2001-5531 CIVIL JOEL E. CUNNINGS, Defendant IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the attached document by placing same in the Uniaed States mail, first class, postage pre-paid addressed as follows Joel E. Cummings SCI-Retreat Inmate #FK9107 660 State Route 11 Hunlock Creek, PA 18621 "d Date Attorney for P 407 North Front St. Firs Fl< Harrisburg, PA 171 (717)238-3686 Supreme Court I.D. # 53729 1. _ -.. .t i' r' _: ~ ' of r~Y ~ ~ -.. _, . .,x . e j 1 Liu//~ F5f 4 _ ~ ~ ~ a ix D~ ~ r~ f{l Y~ 1~ V+4~'° ~~ _ d +. el , ~ i "' ~~ 'n ysr X~~' R i Y t ~{ ; ~ 4x > F ~ ~' r ~ .: ' +" d.; .. Far 4+ q 'k'~ "~ +~ x - , rid : ~ wys ! a ~ 5 ' j Kea ~~~~ ,~~ LISA M:CUIv ; IMING5„ ~ " ~~~ a~~l"~ ~~ ~ ~~ °aPlamt7ff l~if t"~ ~ ``~~ zc~ x° ` ` ~41T"1 x "t ' ~ C F I I ~'~ ~K I T ' Yf R:'RM'~ ~ e: w y~'y4t}~n~ dza+ :' Y ~+~ct: ~4 F! ~ ~ n a y ~ f ~k xr y°,~ ,r ~ '. V. e 3 ~l~( ~ ~ r ~ ~~ " '~~ ~ ' ~ $1xl~t ~ 5 + ~~=w~~'w ~ ` C JOEL,E. CUMfvIINGS, ~ ^~`" ° ~ P' ; '~ J Defendant , ~ ~ ~ ~,,, d , >~e~, i ~ tvr ,pry ..Y~~S~ d~, ~ ', 5y.. .p5~ Y~114gL u ~ - p r ~ V tNs f I ~ y, _ . :.`~ y>~`sc ~ ~*3 ,`' : Ifyoix w ish to deny any oft he-state , ~ „ ~l~~tll '~a "~ `~y ~ ~ ' i ~~ ~r.~~;;~K' ,~~~ , Y= affidavit: within . '.t ?~ ' C twenty days after fhrs affi< ,~ admitted >~~~s c~i j t ~, rsI ~ ,~ .: ~ ~ 9 , 4f KIs:,:.~ s'x1y i,. ~. ;!i... Vu I .. ... ..4.V1::.4L ~' ...: a4t:f.. ~~ (''' ..a.I `.'T t ~ ~.: - L ! I~ r ''J S ~ ~I ~ t t~ {.~' 1 b~ + a Wt d,+ ~ ... C ~ IEkCOURT OF COMMON PLEAS OF PEN BETtLAI~D COUNTY NSYLVAtVIAJ , ;ACTION L'AW >nn°i'-553i`%"CIVIL . , ~:,~>.: " 1.. ~; ~' _ ~ t ~ G - . ~ t.i ffidavrt, yon musle a,~~roe: ri yon or the statements vu r ;:; o-; 'C a~~ s~ ... .~ C r` C9 ,a c -rr - ~ o c; --+ :,: ~ a,sr Z i-- ~-- -n rn ~-", na -=i.r ~~ ~ ,~+ LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2001-5531 CIVIL IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and maimer of service of complaint: October 10, 2001 via certified mail, return receipt requested (substantiated by affidavit of service filed on or about October 16, 2001). 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: October 18. 2003; Date of filing and service of the Plaintiffs affidavit upon the Respondent: November 6.2003. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: December 3, 2003 via United States mail, first class, postage pre-paid. ~, D e Attorney for P ' t 407 North Fro t St., first Floor Harrisburg, PA 710 (717)238-3686 Supreme Court I.D. # 53729 ..,~ fi`~.~, c ~, ~~z~<< ~ .T. :~.~ r,-~ . ~;, ~_ ~°_ ~~., ~ ~: Y -~ j'~ .~° %~. .. _.~ ~:; ~:> ; _~ i~8 t_ti; ~'1l r {'~) -,rri z! :~ 'r.. r LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMA CIVIL ACTION -LAW N0.2001-5531 CIVIL IN DIVORCE AND CUSTODY NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: JOEL E. CUNNINGS, DEFENDANT You have been sued in action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore on or after December 26, 2003, the other party can request the court to enter a final divorce decree. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE. THIS PAPER TO YOUR LAWYER AT ONCE. II' YOU DO NOT HAVE A LAWYER bR CANNOT AFFORD-ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Courthouse 1 Courthouse Square Carlisle;?PA 17013 (717)240=6195 X03 at 1 i' r Supreme Court LD: # 53729 LISA M. CUNNINGS, Plaintiff v. JOEL E. CUMMINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-5531 CIVIL IN DIVORCE AND CUSTODY .COUNTER-AFFIDAVIT NNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i) or (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two yeazs. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property; lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the: other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce maybe entered without __ further notice to me, and I shall be unable thereafter to file economic claims. 1 ~~. •4 M I verify that the statements made in this counter-affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. 2 H105.15T REV.5~9] DEPARTMENT OF HEALTH VRAL pECORD3 RECORD OF STATE FILE NUMBER 001NTM DIVORCE OR ANNULMENT STATE FILE DATE _ CUMBERLAND ~] (CHECK ONE) ^ HUSBAND 3. JOEL E DATE (Marts) BIRTH JUL GLACE OF 81RTH P E N 30 1979 reign Country) MARRIAGE 1 I WHITE ®O oOR(speay) I LABORER wIFE 10. RESIDENCE Slreeta R.D. Ciry, BOro. aTwp. County State 7043 CARLISLE PIKE, CARLSSLE. CUMBERLAND, PA IIRTH JUNE 7 1979 PLACE (Sroro aFOregn Country/ p°~„ PENNSYLVANIA 12. NUMBER DFTHI$ MARRIAGE 1 3. RACE WHITE BLACK OTHER(SpecBy) 14. USUAL OCCUPATION TOLL COLLECTOR 15. PLACE OF (County) (Blare aFOreign Country) 18. DATE OF (Man M) (OeyJ (Near) MARRIAGE PERRY PENNSYLVANIA MARRIAGE APRIL 10 1999 17A. NUMBER OF 78. NUMBER OF DEPENDENT 18. PLAINTIFF 9. DECREE GRAN(ED TO CHILDREN THIS CHILDREN UNDER IB. HUSBAND WIFE OTHER (SpecBy) HUSBAND WIFE OTHER (Spedfy) MARRIAGE ~ ~i eu. rvumatn ur nuaanrvu vvmt oral wawa] ~mcn laPwny/ ~wnwnwiwa ran CHILDREN TO ~ ~ ~ '~ DIVORCE OR ANNULMENT 3301 (d ) CUSTODY OF 22. DATE OF DECREE (MOIIRIf (Uay/ (Y@alJ 24. SIGNATURE OF TRANSCRIBING CLERK r, ~ . J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2001-5531 CIVIL IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, pefendant TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) ofthe Divorce Code. 2. Date and manner of service of complaint: October 10, 2001 via certified mail, return receipt requested (substantiated by affidavit of service filed on or about October 16, 2001). 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: October 18. 2003; Date of filing and service of the Plaintiff's affidavit upon the Respondent: November 6.2003. 4. Related claims pending: None. 5. Date and marmer of service of the notice of intention to file praecipe a copy of which is attached: December 3, 2003 via United States mail, first class, postage pre-paid. YW`ei1~ Date Attorney for P tiff 407 North Fro t St., F st Floor Harrisburg, P 1710 (717)238-368 Supreme Court I.D. # 53729 „ ~ ~ lllill l<LASG JU.laciuOinD UUC~uauiv,a,.......... ~..~....-..-r_~_______ I: '; £ilsificatian to authorities. I "' ~` ~ ,; i .. i ,;; i; ii 'j ~ ~ r- t ~ ~;' _~~ ~-, .~~,__ ~' _ ~ ;=- ~ ~ f-- _~: ~ ~Q ~<< ~ ~~ Y ~ C) J i~. ~i~ ----.~ ~ - il 11-18-03 7~ ~- _ x ~K91~'1 - - _ _ 4bo 3~M+s~ t~rr1.1 - --_ __ -_ _ _ _ ._ .._ 1~iw-bck G teak, p,ab #„ .,, __._ _____-___ __._.___ _______ ___ _____ .__.___.. ____._ .. .___._ _ .. _. ___ _._._ __.. _____ _._. __..___ _...._ _'_ a ~ _...__. ____ ..__..__-_-I __. , __ __... _._..,I~ 0 ~ ._.- __ __T_ _- ~ _._-. 5~ [: ~ ~ ~ ' ~ ~ _-- ~.. __ { f , i LISA M. CUNNINGS IN THE COURT OF COMMON PLEAS OF PLAINTIFF ; CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5531 CIVIL ACTION LAW JOEL E. CiIMNIINGS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 28, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, October 29, 2001 at 11:00 AM for aPre-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/ Melissa P. Greevy Esr~. `ice Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 •.•••., ~ ki~f@fi~'+~9 h5 .bti.l~t'--: S-.u2,TZt3'~3i~rf,u, n.. i .. .. . +.:i.<i.~Jaaeed' 34d5~d:it%~'3".L4~~!WiWFS:"J.v..1N'~~l .. ..i.~.. a. ~ ... ._ ~. 1 ~i~.~°t a~rs~ii~= ii ~! ~i,a ~ i.~C~ s~ ~. LISA M. CUNNINGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. JOEL E. CUNNINGS, NO ~~_ ss`3~ L~ Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, ,upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, on the day of ,2001, at .m,atthelocationof at aPre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, tq define and narrow the issues to be heazd 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 appeaz at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: By: Custody Conference Officer The Court ofCommon Pleas ofCumberland 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 azrangements must be made at least 72 hours prior to auy scheduled hearing or business before the court. You must attend the scheduled Conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCF,. 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 JL. _ ._ _ - PsPl' LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ~~~ 553 IN DIVORCE AND CUSTODY 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 ifyou 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. Whenthe ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROFERTY, 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 TIE; OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LISA M. Ci7M1b1INGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. JOEL E. CUNNINGS, Defendant IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(dl OF THE DIVORCE CODE COUNT I -DIVORCE 1. Plaintiff is Lisa M. Cummings, who currently resides at 7043 Carlisle Pike, Cazlisle, Cumberland CounTy, Pennsylvania, since July, 1999. 2. Defendant is Joel E. Cummings, whose current address is c% Brenda Cummings, 12 Valley Street, P.O. Box 101, Duncannon, Perry County, Pennsylvania 17020. 3. Both Plaintiffand Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 10, 1999 in Duncannon, Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiffrequests the court to enter a decree of divorce. 2 COUNT II -CUSTODY 9. Plaintiff is Lisa M. C~xmmings, who currently resides at 7043 Carlisle Pike, Cazlisle, Cumberland County, Pennsylvania, since July, 1999. 10. Defendant is Joel E. Cummings, whose current address is c% Brenda Cummings, 12 Valley Street, P.O. Box 101, Duncannon, PA 17020. 11. Plaintiff seeks custody of the following children: Name Present Residence Awe Nicolas Cummings 7043 Cazlisle Pie 1 Yeaz 8 Months Cazlisle, PA 17013 The child was not born out of wedlock. The child is presently in the custody ofLisa M. Cummings, who resides at 7043 Cazlisle Pike, Carlisle, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Lisa M. Curmings 7043 Carlisle Pike 6/00 to Carlisle, PA 17013 Present Joel E. Cummings and 7043 Cazlisle P~1ce 1/99 to Lisa M. Cummings Cazlisle, PA 17013 6/00 The mother of the child is Lisa M. Cummings, currently residing at 7043 Cazlisle P~1ce, Carlisle, Pennsylvania 17013. She is married. The father of the child is Joel E. Cummings, currently residing at c% Brenda Cummings, 12 Valley Street, P.O. Box 101, Duncannon, PA 17020. He is married. 3 ~~._ - ~ ~.._ _._.~ - ..=e.,..~... ,,...t .... 1 I ~~- 12. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Nicolas Cummings Son 13. The relationship ofDefendant to the child is that offather. Defendant currentlyresides with the following persons: Name Relationship Brenda Cummings Mother Veronica Cummings Sister Rachel Smithgall Niece 14. 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. Plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonweahh. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has lived with Plaintiff all of his life, and Plaintiff exerts her best efforts to provide for the proper care and upbringing of the child. 16. Each pazent whose gazental rights to the child have not been terminated and the persons who have physical custody of the children have been named as parties to this action. All other persons, named below, who aze known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address $asis of Claim None Wf~REFORE,Plaintill'requeststhecourtto grantcustody,partialcustodyandlegalcustody of the child as the Court deems appropriate. ~i~~sol Attorney for P 407 North Fron t., first Floor Harrisburg, PA 1 (717)238-3686 Supreme Court LD. 53729 5 VERIFICATION I, Lisa M. Cummings, Plaintiff in the foregoing action, verify that the facts set forth in the attached document are true and correct to the best of my lrnowledge, information and belief. I so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities). V P :3ep~ember 21 ;_2001 r Date M. C ings lFAEC:i~L~s~T~i. Fl. 4$.H~d.'c~ti{:e~kt/~F.'£4¢~~F. ii~v')25iY3[ e. t uuir,..;~..Nroai ci~''X~21'$ ~ ~ ~ ~Y3~iJi&tlo]t~S~fik&53E'i9i ~e ~.~ ': IV`^' ((\\ (\'~\l GG ~~ ` I\' ~ l J ~ 4'S ``~ `` P I^° ~d 491 ~ ~ V~~~~~ ~ _ (4~:~) V J ~, ~ } ~ , „~ ~ ~ _ `~ ~ ~ <= ~ ' -~ rv _< ^~ n 1~ ~\~ ~~,~ _ _ ~ ,~- LISA M. CUNNINGS, Plaintiff v. JOEL E. CUMMINGS, Defendant IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5531 IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE PURSUANT TO PA. R CIV. P. 405 I, Anthony T. McBeth, Esq., attorney for the Plaintiff in the captioned action, hereby swear that I have served the Complaint upon the Defendant in the captioned action by mailing a certified copy of same to him addressed as follows: Joel E. C„mm;ngs, c/o Perry County Prison, P.Q. Box 520, South Carlisle Street, New Bloomfield, PA 17068. Said mailing was by first class mail, postage prepaid, certified, return receipt requested. Said mailing was effected on October 10, 2001. The return receipt, purportedly bearing the signature of an agent of the Perry County Prison, where the Defendant is currently incarcerated, and showing a delivery date of October 11, 2001, is attached hereto, marked Exhibit "A" and incorporated herein by reference. /.s ~/ ate .• v ~ Complete items 1, 2, and 3. Also complete A. ReceNed by (Please Print CleedyJ B. Date of Delivery item 4 if Restricted Delivery is desired. ^ P i d dd h /NN/C ~ YWM ial~~lN r nt your name an a ress on t e reverse "~'g so that we can return the card to you. - "M -' ^ Agent ^ Attach this card to the back of the maiipiece, _ ^ or on the front if space permits. Addressee ^ 1. Article Addressed to: Yes . Is delivery address dlRen:nt from kem 1? ^ N S dd E.. ~ ~,~ A ,t,t ~ ~ (~~ ,(V ~ t V 't( o , enter delivery a ress below: If YE s 6~ ~ p y ~~U.Itir vi 1 ~ ~ o. &nt 52 '~ , (~ ~~ ~ ~~'~~" 5~~~' 3 ~ il ^ Ex il C rtifi tl M M press , e e a a Qi ~~e~~ P N ^ Registered ^ Return Receipt for Merohandise ~ L /t i _ Q~ ^ Insured Mail ^ C.O.D. ~ ~ ~ (~ 4. Restricted Delivery? (EMra Fee) ^ yes 2. Article Nu (Copy from service label) X09 3~so mi ~/ -t5€3 ~ ~ (~ ~ ~ , . - . PS Form 3811, July 1999 Domestic Return Receipt ~ 102595.00-M~- P~ EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Sworn and subscribed before me this ~ s~day of O~ ~ , 2001. n'1e9-~~, My commissians expires: Notarial Seal Melissa S. Snydar, Notary PubUc liaMsburg, Dau~dn My Commission Expir~i~xppg Member, Pennsylvania Assoclatlon of Notetles Js' ~nr ...i'll~ d. un-F z_K _r4Ah~m="i E~k,~t~+.A~ .u..G+r~ 1.ea , a~~ssk`~4ShiwY3JAhq. ~ ~ - ._. ~ W A ,` LISA M. CUMMINGS, Plaintiff vs. JOEL E. CUMMINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. O1 - 5531 CIVIL IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on December 16, 2004, commencing at 9:00 a.m. APPEARANCES: Anthony T. McBeth Attorney for Plaintiff Joel E. Cummings (Pro Se - Testified by phone) Defendant . (Remarks placed on the record before testimony of the parties.) THE MASTER: Today is Thursday, December 16, 2004. This is the date set for a hearing to take testimony on the question of whether or not the marriage between Lisa M. Cummings and Joel E. Cummings is irretrievably broken. Present in the hearing room are the Plaintiff, Lisa M. Cummings, and her counsel Anthony T. McBeth. Also present by telephone is the Defendant, Joel E. Cummings, and his prison counselor Mr. Hughes who is not an attorney. This action was commenced by the filing of a complaint in divorce on October 17, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. ~j Also, the Plaintiff, Lisa M. Cummings, filed an affidavit under Section 3301(d) averring that the parties separated on June 13, 2001. This affidavit was filed on November 5, 2003, averring a period of separation in excess of two years. The Defendant, Mr. Cummings filed a counter-affidavit with the Court on January 14, 2004, I averring that the marriage is not irretrievably broken. Neither party has filed any claims raising economic issues; therefore, we are, today, going to deal with the question of whether or not the marriage between the parties is irretrievably broken. If we find that the 1 _ ~ ~~ i marriage is broken, then the Master will recommend to the Court that a divorce decree be entered under Section 3301(d) of the Domestic Relations Code. The parties were married on April 10, 1999, and separated June 13, 2001. They are the natural parents of two children, both children being in the custody of wife. Wife resides at 7043 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. Husband is an inmate in the State Correctional Institution in Hunlock Creek, Pennsylvania. His address is as follows: Joel E. Cummings, Inmate # FK9107, SCI Retreat, 660 State Route 11, Hunlock Creek, Pennsylvania 18621-3136. We are going to begin the testimony today with the Plaintiff. Mr. Cummings will be permitted to cross-examine his wife and then can offer testimony on his own behalf. The testimony, as previously noted, will be restricted to the issue of whether or not the marriage between the parties is irretrievably broken. (Remarks placed on the record following testimony of the parties.) THE MASTER: The above comments were made by the Master on the record preliminary to taking the testimony of the parties. The Master wants to amplify those comments with the following statements. The Master was appointed on July 6, 2004. In 2 ;. an effort to resolve this case without the necessity of having a hearing, the Master had a conference with wife's attorney and the parties, with husband by telephone, on October 5, 2004. Mr. Cummings has consistently declined to sign an affidavit of consent and waiver of notice of intention to request entry of divorce decree. Therefore, we were compelled to convene a hearing to take testimony on the issue of whether the marriage between the parties is irretrievably broken. The Master is aware that husband has been incarcerated since March 2003 and his sentence will terminate in March 2006. His incarceration has not been for a period of two years. However, we are proceeding today on the issue of whether or not the marriage is viable and can be reconciled. Wife testified that she last saw husband around Christmas 2002 and she communicated to him that she wanted to proceed with the divorce and had no interest in continuing with the marital relationship. Wife has testified that she wishes to move on with her life. She has a male friend with whom she wishes to marry and to help raise the two children of this marriage. Wife indicated that she has no interest in reconciling this marriage and that there is no love on her part for the Defendant and that the marriage, therefore, is 3 __ __ ~. not in any way reconcilable. Husband testified but his remarks were somewhat incoherent in the sense that he indicated that the parties have been through a lot; that he knows that there is love and that he holds out love and morals in their relationship. He did not specifically indicate any other reasons why he thought the marriage could be reconciled or that the parties would be able to resume a marital relationship. Based on the testimony of the parties and the circumstances of their current relationship, the Master makes the following recommendation. RECOI~IEENDATION The Master finds that the parties have been separated for a period in excess of two years, since June 13, 2001. Based on the testimony of the parties, the Master finds that the marriage between the parties is irretrievably broken and that wife is entitled to a divorce decree under Section 3301id) of the Domestic Relations Code. Respectfully submitted, L~ E. Robert Elicker, II Divorce Master 4 ~Vr~6 „l,f~f:;gam«~ai€~ts~-.seasSdtie~r~~+u ~.':air~Eo?C.9 VJa~~iti~i~ ylil n.> f. j ~~ C _, ,.~ Ct .~ ~.~. Y: ~~'_~ ti ~ ( ^Y , ~~i ! :7 D ~. w -C + . LISA M. CUMMINGS, Plaintiff JOEL E. CUMMINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. O1 - 5531 CIVIL IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C. P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. Date: 12/17/04 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the ~- proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) _~ ~~~ ~~.~~ ~, , .~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M. CUMMINGS Plaintiff vs. No 5531 JO L E MMTN C.'1V31 20 01 Defendant It appearing that the Master's report in the above stated case has been filed for ten (lO) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit the said case to the Court of Common Plu,~s of Cumberland County, Pennsylvania, at the next sitting th~'fedf. ~ TO: CURT LONG Prothonotary DATED: JANUARY 5, 2005 I, CURT LONG ,Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case, have all been paid, including the Master's fee. P otary _ _ _, ,, ,. ,....~ ~, .. C~nnn-~ nn r r r cnna cn uar 4, i~ 1 ~ .~ ~=r _. ~'~ .t. ~, s ,..a: i i,) f. 4. v ~„ ~~ . ~~V IN THE COURT OF COMMON PLEAS OF LISA M. CUMMINGS ~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. JOEL E. CUMMINGS NO. O1 - 5531 IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Lisa M. Cununings Anthony T. McBeth Joel E. Cummings Plaintiff Counsel for Plaintiff Defendant ---------------------- ,Counsel for Defendant You are directed to appear for a hearing to take testi on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 16th day of December 2004 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and Notice: 10/5/04 By the Court, Geo e E. Hoffer, Presiden Judge By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 ESTIMONY IS LIMITED TO WHETHER THE MARRIAGE IS IRRETRIEVABLY ROKEN. SPOKE TO ATTORNEY McBETH AND HE INDICATED THAT HUSBAND'S MIN. BATE OF RELEASE IS SEPTEMBER OF'04; MAXIMUM RELEASE DATE IS MARCH OF'06. SET ACONFERENCE/HEARING DATE OF OCTOBER 5, 2004. HE INDICATED A HEARING WOULD BE BEST SINCE THERE IS ACOUNTER-AFFIDAVIT BY HUSBAND. HE HAS TO_RAISE THE CLAIM OF CONVICTION OF CRIME AS GROUNDS FOR DIVORCE. ==.---~~ WHAT SHOULDCHEDULE FO~0/05/04,~¢ONFERENCE OR HEARING. ~'~6 ~ q`+.11~.,"°_ _., ~'` r ~ ~~ ~~.~~~,. ..a.ww.o.~..~ku...., •8~aYit.~_4~' LISA M. CUNNINGS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO 01-5531 CIVIL 19 70EL E. CUMNIINGS IN DIVORCE Defendant STATUS SHEET ANTHONY T. McBETH ATTORNEY AT LAW 407 NORTH FRONT STREET CAMERON MANSION HARRISBURG, PA 17101 E-mail:atmlaw] @verizon.net January 5, 2005 E. Robert Elicker, II, Esquire, Divorce Master Cumberland County Divorce Master 13 North Hanover Street Carlisle, PA 17013 Re: Cummings v. Cummings, No. 2001-5531 Civil Dear Mr. Elicker: PHONE (717) 238-3686 1-800-227-6916 (for 717 area) FAX (717) 238-3>7~ As directed in the Master's Report, enclosed is the required praecipe for transmittal ofthe file to the Court, along with a proposed final order of divorce. Please contact our office if you need anything further. ATM:msm Enclosures cc: Lisa M. Cummings (without enclosures) iN THE COURT OF COMMON PLEAS OF CLi`~ERLAND COUNTY, 2E~INSYZVANIA LISA M. CTTMMTNGS Plaintiff vs. JnFT F ('T)MMTNrC .~3/ VO 2001--559-1- CIVIL 19 MOTION FOR APPOINT~IT OF ~1ASTER LISA M. CUMMINGS (Plaintiff) ¢~~i~~~$, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Discributian of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as co the claims (s) for which the appointment of a master is requested. (2) The defendant (has) X~~X appeared in the action (personally) ~XffiX~X~:CI¢~X~i6XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX7$~$~~71C• (3) The staturory ground(s) far divorce ~~ (are) TRRFTRFTVART.F. (4) Delete the inapplicable paragraphs (a) The action is not contested. X(3p~ x x~X ~~it4t7P~ XX ~P ~~C ~~~C``?~X:~~:~3C 7E~#~~FktX DER X following claims: (c) The action is contested with respect to the following claims: DIVORCE (5) The action X(~s~~i~~~ (does not involve) complex issues of law or fact. (6) The hearing is e~cpected to take ONE (hours)X(KcXa7ij~$X (7) Additional information, if any. relevant to the motion:_ ~rnnDrl]UnmL'll nm e!'r_UCmU L'AT TTT7F li !'/rTTNTV Date:JULY 2, 3004 Attorney for ~r ~§~~~~ ORDER APPOINTING :MASTER/J ~ ~ ,~ AND NOW i~ ~~i~g4'~ef~I ~~w. Esquire, is appointed ma er 'th respect to the following claims: By the Co ¢7J ~ ~ ~ ~;ti~~ ~ ~z--F; ~,_ Wiz- ~ ~~ ~ °' o> cc:~ C? rte; t - 'Y3 -a -~ -ten `~'~ i C r ~ CSC} rn _ r. ,~ ~ ~ t{li~l~<1C~~15~!+v~c! ~i~ ~~ ~a~ 9- ~ilf h~6Z ~~Ia;~,t'~1311~ DIVORCE INFORMATION SAEET Docket Number: 2001-5531 Plaintiff's Name: LISA M. CUMMINGS Plaintiff's Social Security Number: 208-60-5181 Defendant's Name: JOEL E. CUMMINGS Defendant's Social Security Number: 178-60-0206 Date of Marriage: APRIL 10,1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. _~., N O. aoe~-ss~~ c~v~L VERSUS DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT LISA M. CUMMINGS ,PLAINTIFF, AND .THEY. F. ('jJMMTN~S 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; BY THE COURT: ATTEST: J. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. _;,: _ LISA M. CTiMMTN(;4 li NO. 2Qn1-5541 !`TVTT VERSUS DECREE IN DIVORCE AND NOW, DECREED THAT LISA M. CUMMINGS IT IS ORDERED AND PLAINTIFF, AND JOEL E. CIJMMTNrS 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; BY THE COURT: ATTEST: J. PROTHONOTARY _ _ _ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. '.; , ~~ VERSUS DECREE IN DIVORCE AND NOW. IT IS ORDERED AND DECREED THAT T.TCA M,_('UMMIPdGS PLAINTIFF, AND T(1F7 F ~UMM~.PdGc ,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; BY THE COURT: ATTEST: J. PROTHONOTARY LISA M. CUMMINGS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW N0. O1 - 5531 CIVIL JOEL E. CUMMINGS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Anthony T. McBeth Lisa M. Cummings Counsel for Plaintiff Plaintiff ---------------- Joel E. Cummings Counsel for Defendant Defendant (via phone) A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 5th day of October 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Flicker, II July 29, 2004 Divorce Master ~1 j m.~_~uldr~~_ '~_..3°=~1~~, ~o,~a...n_.o~ca'nA~~? ~~~ iS'" 1 e~~~ i .. - -. - - - - : - a'-°$~t~St`q~RC- -- ~- -- i '- ~', ~ ~~,f?3!h[~Ji~ d&i: PaG3-tlr~ r ~. - - - ~~,~ „~ TM~ i'~'Xr .!`T,~7Rrr. FAY °-[I3,a `~t'!a~ '~Ti k-ihl' LUcEFFv~ ^"~i3nlt 4 ~' - ,.rlc4r3"'~$j ' t'~,~ ~-.. ~ 6etY!'y^Rfe{8510iV CnP{F~~,tUL~y'~ a~ __-. _. ~_ . LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-5531 CIVIL IN DIVORCE AND CUSTODY COUNTER-AFFIDAVTT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. _~ (b) I oppose the entry of a divorce decree because (Check (i) or (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. _~ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make a~ claims for economic relief. 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 grapted. (b) I wish to claim economic relief which may include alimony, division of property; lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce maybe entered without further notice to me, and I shall be unable thereafter to file economic claims. _. ____ .=v~.,~ ...~ I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 1~- 8 ~ ~ ~ ~~ r c . ~"v,,,,..~.~ :~ Date Defendant W~ ~- - NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ~ ~¢n ~ as a crn }i0„o ~ae~1. apcv2oc~ 1 ~}__ ___,,~ OOOnrvrn b.~a1i. z ~~ ~, ~ SUS .€."'-: • h,[~'~ikSx4~5WsP,~vi`m - !lB5ai`Fi,+n.;:n,~y;~a. ~ . -nom.-,~ Esa«a s~cM'u31w~xi .. , 1?' .~ t`-`- Lj'-_ ___ (-j i~~ -' W ~ _ .... 4L ~ ®~ PJ G,.) ~~ ~. " ~ LISA M. CUMMINGS, vs. JOEL E. CUMMINGS, Plaintiff Defendant •~~~9 i~ 3 ~I~~~Gi. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-5531 CIVIL ACTION -LAW CUSTODY TEMPORARY ORDER OF COURT AND NOW, this l ~ ~ day of January 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Mother, Lisa M. Cummings, shall have sole physical and legal custody of the minor Children, Nicholas Cummings, born January 17, 2000, and Jaden Cummings, born November 8, 2001. 2. This Order is temporary in nature. At such time as the Father is no longer incarcerated, if the parties cannot agree to a Modification of this Order, Father may Petition the Court to schedule an additional Custody Conciliation Conference. BY THE COURT, J Dist: Joel E. Cummings, Perry County Prison, PO Box 520, New Bloomfield, PA 17068 /_ /~. o.Z_. Anthony T. McBeth, Esquire, 407 N. Front Street, 1~` Floor, Harrisburg, PA 17101 ~. C7 `-~ , s°. , _ ~, U ~ ~' y ~....~ .~ ~_ -vl..% --n ___ L ~;, f'. ; { J --< ~ ~7 LISA M. CUMMINGS, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5531 JOEL E. CUMMINGS, CIVIL ACTION -LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas Cummings January 17, 2000 Mother Jaden Cummings November 8, 2001 Mother 2. A Custody Conciliation Conference was held on December 10, 2001, with the following individuals ih attendance: the Mother, Lisa M. Cummings, and her counsel, Anthony T. McBeth, Esquire; the Father participated by telephone, pro se, from Perry County Prison where he is presently incarcerated. 3. The parties reached an agreement in the form of an Order as attached. ia..~~ ~ Date elissa Peel Greevy, Esquire Custody Conciliator 1~ , ~~ i- Ge~.~o~a)a r~n,_o~.~ r~~--_ -_ ----- - _ - -- - - M :ti r! ~~ f -____. _._ - .. ~bS(j~L - _ __i - --- _~ -D~- °~' -------- ------------ ~~ amt,..-5~-i d <., r rf't~ as- ('A -'9oc inn, arc Fk 9lo'j ;s tiere~y ---. Sworn and subsrribad before me this w....a.a.. .. ...~...... : .C.Y.vviperj~l __ _ -_-- _ DfOSARIALSEAL- ____ _ JOSEPH T. CHIUMENTO, JR., NOTARY PUBLIC NEWPORTTWP.,LUZERNE000NTY,PA .. ..-.-.. _ _. _. __._..._ .-------IUY~ONINtISSIOfJ-f=-Y,i3tF?[S;tUtYa„'2Q0~':----- --..._-._----------- -_----- .__.___. tom, i _- - -- -- `C \}b J° li;~ l G""r- c 5 t. w E;tF "~` (,i i,t ..t S w o~ I~ ~A '• `~ S ~ ,~ c 3 ~. w 0.-. C ~~,pN ~ ~7 C ~ 3 ~ ~A c9 a ~- M m DY Z b yoy~m m n~mal 7C ~e-1 Q m xi q1m A O N N J ~\ f F S ~ ~~~FtEs R~ r~ V ~ _~ r ,~ 3; .a ~g [ v %`' t ~: i PYS510D Cumberland County Prothonotary's Office ~- i Case Entries 2001-05531 CUNNINGS LISA M (vs) CUNNINGS JOEL E Filed Date: 9/24/2001 Time: 2:32 Case Type: COMPLAINT - DIVORCE Search Date: Page 3 of 3 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 9/24/01 COMPLAINT - DIVORCE ADDITIONAL COUNT - CUSTODY 10/03/01 ORDER OF COURT - DATED 9/28/01 - IN RE COMPLAINT - PREHEARING CUSTODY CONFERENCE 10/29/01 11 AM @ 214 SENATE AVE SUITE 105 CAMP HILL - BY MELISSA P GREEVY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 10/3/01 10/17/01 AFFIDAVIT OF SERVICE PURSUANT TO PA R CIV P 405 - BY ANTHONY T MCBETH ESQ 1/16/02 CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND TEMPORARY ORDER OF COURT - DATED 1/15/02 - BY THE COURT J WESLEY OLER JR J COPIES MAILED 1/16/02 F2=Done F10=Print F12xCancel F17=Top F18=8ot PYS510D Cumberland County Prothonotary's Office Case Entries 2001-05531 CUi~IINGS LISA M (vs) CUP~INGS JOEL E Filed Data: 9/24/2001 Time: -2:32 Case Type: COMPLAINT - DIVORCE Search Date: Page 3 of 3 11/05/03 AFFIDAVIT UNDER SECTION 3301D OF THE DIVORCE CODE - BY LISA M CUNNINGS PLFF ------------------------------------------------------------------- 11/12/03 CERTIFICATE OF SERVICE FOR AFFIDAVIT OF SECTION 3301 D OF DIVORCE CODE - BY ANTHONY T MCBETH ESQ FOR PLFF ------------------------------------------------------------------- 12/04/03 NOTICE - BY ,70EL E CUNNINGS ------------------------------------------------------------------- 1/08/04 PRAECIPE TO TRANSMIT RECORD ------------------------------------------------------------------- 1/14/04 COUNTER-AFFIDAVIT UNDER SECTIN 3301 (D) OF THE DIVORCE CODE 7/06/04 MOTION FOR APPOINTMENT OF MASTER BY ANTHONY MCBETH ESQ 7/06/04 ORDER APPOINTING MASTER 7/06/04 E ROBERT ELICKER ESQ IS APPOINTED MASTER WITH RESPECT TO THE FOLLOWING CLAIMS ALL LISTED + F2=Done F10=Print F12=Cancel F17=Top F18=8ot ~~; PYS510D Cumberland County Prothonotary's Office " Case Entries 2001-05531 CUNIDQINGS LISA M (vs) CUNNINGS JOEL E Filed Date: 9/24/2001 Time: 2:32 Case Type: COMPLAINT - DIVORCE Search Date: Page 3 of 3 BY THE COURT GEORGE E HOFFER P JUDGE ------------------------------------------------------------------- 12/17/04 MASTER'S REPORT - DECEMBER 16, 2004 E. ROBERT ELICKER II ESQ DIVORCE MASTER 12/17/04 NOTICE OF FILING MASTER'S REPORT R ROBERT ELICKER II DIVORCE MASTER 2/01/05 PRAECIPE TO TRANSMIT RECORD - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - F2=Dose F10=Print F12=CaaCel F17=Top F18=Bot LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-5531 CIVIL IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of complaint: October 10, 2001 via certified mail, return receipt requested (substantiated by affidavit of sernce Sled on or about October 16, 2001). 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: October 18, 2003; Date of filing and service of the Plaintiffs affidavit upon the Respondent: November 6.2003. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: December 3, 2003 via United States mail, first class, postage pre-paid. ,- ,~ ~~~ D e first Floor (717) 238-3686 ~_? ~ n Supreme Court LD. # 53729 . A- .,. ~ ~, , ^ .~. S.J C~? ?r; ~..; y"`_ __ --• _T LTl t ~ •<: Attorney for P 407 North Fro St., Harrisburg, PA 710 LISA M. CUNNINGS, Plaintiff v. JOEL E. CUNNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-5531 CIVIL IN DIVORCE AND CUSTODY NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: JOEL E. CUNNINGS, DEFENDANT You have been sued in action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore on or after December 26, 2003, the other party can request the court to enter a final divorce decree. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE TffiS PAPER TO POUR 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 Courthouse 1 Courthouse Square Carlisle; PA 17013 (717)240=6195 n at thony'I ~'~3 ~ Flogr Hamsburg, (717)238-3686 Supreme Court LD: # 53729 Attorney for P ,1Fm 407 North Front: t., F' PA '1 s, ~'] ,:~,,r,; LISA M. CUNNINGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.2001-5531 CIVIL JOEL E. CUNNINGS, Defendant IN DIVORCE AND CUSTODY :COUNTER-AFFIDAVIT iJNDER SECTION 3301(d) OF'I'FIE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i) or (ii} or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not hretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make arty claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I clo not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property; lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the. other parry. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce may be entered without further notice to me, and I shall be unable thereafter to file economic claims. 1 I verify that the statements made in this counter-affidavit aze 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 Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. 2 I ti N Y.+ 00 bL r ~ Qti o ~; ~r "^ ~ m ~~°~ o~ ~ a~kr;~U s. ~ ~ U ~ v ~ v Wf~C~~~ ~ 60 ~ ti~~~~ ~ w ~ w ~ ~ o ~ `~ F ~ H F ZO a ~ r = p a a ~' H z~z~a C < < ~ _ L ..w .may 6" W ~ rl ~ ~ O ~ ~ ti ~ O Q` i, ~ ,~~ LQ ~ ~+ O o '~ ,~z•~ ~o dux ~ o ~~~ F H O a {d~ ~ aC (~ O W C ~ ~ h ~zH~ C < ~ ~ z .- LISA M. CUMIvffNGS, Plaintiff v. JOEL E. CIJIVIlVIINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5531 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of February, 2005, upon consideration of the Praecipe To Transmit Record dated January 28, 2005, filed by Plaintiff, and the praecipe dated January 5, 2005, filed by Plaintiff, including a certification by the Prothonotary that the costs have been paid, including the Master's fee, it is ordered and directed as follows: 1. The Report and Recommendation of the Divorce Master are hereby adopted; 2. E. Robert Elicker, II, Esq., Divorce Master, is hereby excused from further responsibilities in this case; and 3. The parties having been separated for a period in excess of two years and the marriage being irretrievably broken, and no exceptions having been filed to the Master's Report, a divorce decree of even date herewith pursuant to 23 Pa. C.S. §3301(d) will be entered. BY THE COURT, -< r f Anthony T. McBeth, Esq. 407 North Front Street First Floor Harrisburg, PA 17101 Attorney for Plaintiff ~oel E. Cummings, FK-9107 SCI-Retreat 600 State Route 11 Hunlock Creek, PA Defendant :rc ~ ~~ 0~~5