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HomeMy WebLinkAbout03-4909 AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY JAMES DEVINS, Defendant : NOO3... t./701 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at lease 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, CUSTODY, JAMES DEVINS, Defendant : NO. 0.1 ~'11"" CIVIL TERM COMPLAINT The plaintiff, Amy Devins, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I. DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c). SECTION (d)AND 330I(a)(6) OF THE DIVORCE CODE I. Plaintiff is Amy Devins, who currently resides at 6280 Carlisle Pike, Lot 516, Mechanicsburg Pennsylvania, since April 1, 2003. 2. Defendant is James Devins, who currently resides at 104 Carroll Drive, Dillsburg, Pennsylvania, since August 18,2003. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 9, 1995 at Cornerstone Evangelical Free Church, Enola, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since August 18,2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that Defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person ofthe plaintiff, his injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. Date ill 1 /tJ3 <f~A;(' /Z.~ Georgia L. Reed Certified Legal Intern ~-ft THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: ct III I o?) KYn ^'t \)--PA U /Y\)) <. "'~ ./ AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. D3-11109 CIVIL TERM JAMES DEVINS, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Amy Devins, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party . Date 9 } 7//)3 Respectfully submitted, d~1ffIfe/( & ~ Certified Legal Intern ~-~ ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 AMY DEVINS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 03-4909 Civil * JAMES DEVINS, * CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW, Defendant, James K. Devins, by and through his attorneys, Wiley, Lenox, Colgan & Marzzacco, P.c., answers the within Divorce Complaint and avers as follows: ANSWER TO COMPLAINT IN DIVORCE COUNT I. I. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The parties were married on September 9, 1998. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Defendant denies that he has violated him marriage vows, or offered such indignities as to render the condition of Plaintiff intolerable and life burdonsome. It is also denied that Plaintiff is an injured and innocent spouse, and strict proof thereof is requested. 9. Denied. Defendant is without sufficient information to form a belief as to the truth of this averment. COUNTER-CLAIM IN DIVORCE COUNT II. REQUEST FORA FAULT DIVORCE UNDER ~3301(a)(b) OF THE DIVORCE CODE 10. The prior paragraphs of this Answer are incorporated herein by reference thereto. 11. Plaintiff has offered such indignities to Defendant, who is the innocent and injured spouse, as to render Defendant's condition intolerable and life burdensome. 12. This action is not collusive as defined by ~3309 ofthe Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (a)(b) of the Divorce Code. COUNT III. REQUEST FOR CONFIRMATION OF CUSTODY UNDER ~3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 13. The prior paragraphs of this Answer and Counter.Claim are incorporated herein by reference thereto. 14. The parties are the parents of the following unemancipated child who resides with Plaintiff and Defendant: NAME AGE SEX DATE OF BIRTH Alicia Nicole Devins 4 Female January 4, 1999 15. During the past five years, the child has resided with the parties and at the addresses herein indicated. FROM August 18, 2003 ill Present WITH WHOM Amy Devins ADDRESSES 6280 Carlisle Pike Lot #516 Mechanicsburg, P A November 2002 August 18,2003 Amy Devins same as above James Devins September 2002 November 2002 Amy Devins same as above July 2002 September 2002 Amy Devins same as above James Devins May 2002 July 2002 Amy Devins same as above April 2002 May 2002 Amy Devins same as above James Devins Approximately August 1998 April 2002 Amy Devins 363 South Main St. James Devins Marysville, PA 16. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 1 7. There are no other proceedings pending involving custody of the child in this or any other state. 18. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 19. The best interests of the child will be served if sole legal and primary physical custody of her is confirmed in Plaintiff. WHEREFORE, Plaintiffrespectfully requests that, pursuant to ~~ 31 04( a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the child in Plaintiff. Dated:-9, ZG. (J3, Respectfully submitted: WILEY, LENOX, COLGAN & BY MARZZA~ ~ L Frecl.eu,. "'quire One South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID #87445 ATTORNEY FOR DEFENDANT VERIFICATION r.. . \' I, JAMES K.);l.I.;;,VINS, hereby swear and affirm that the facts contained in the foregoing 1I...n."'v-" U>Wl\t/C 0."'" -t.> PI A~:(.' 's P\YU"- Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: CJ0 viet? ~ l-9..-' J ES K. DEVINS <:::::0> -- Af1 ~ ~ I" 1L 9- ~ 9J 8 ,., C) --u "'-l 1-.J p.::. r~$:. ~ '-..C... C) c: .,.. "'0 tf: (!}rr Z::l,~ ~5::;. ~ 4'c ~c >c z =< o w (I') j"1"1 " N cr. ~ --0 :r:~ ';:-c.... ~~:-"+n :5~ --,J:D ~~~ :;,,;c") 3m ~;::! :D -< " :::r; ~ -:::> (Xl AMY DEVINS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-4909 CIVIL ACTION LAW JAMES DEVINS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 01, 2003 , upon consideration of the attached Complaint, it is hereby directed tbat parties and tbeir respective counsel appear before J.acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November OS, 2003 at 8:30 AM for a Pre. Hearing Custody Conference. At such conference, an effort will be made to resolve tbe issues in dispute; or if this cannot be accomplished, to define and narrow tbe 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. Fai]ure to appear at tbe conference may provide grounds for entry of a temporary or permanent order. The eourt 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: Isl Jacqueline M, Verntry. Esq. Custody Conciliator " The Court of Common Pleas of Cumberland County is required by law to comply witb the Americans with Disabilites Act of] 990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before tbe 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 tbe scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania ] 70 13 Telephone (717) 249.3 ]66 . ~ :.-<""??' fw ~~ ~l f:Cl.I-~1 ~X ~ 7? ~ ~ (21';'0/ ~~f~-~-~ g9./,Cl/ ,~'vlf'M\lASNN3c! '1'", c' '" r'" "I" " /\ .I" .,1,_1_' - ;i,)r; ..r:1?8V'JnO 0, :(; i~d 1- 130 SO AH1Il',,\[':"J'_', "".:10 - '....., I..;~t.l<....!(...: .J,-u 3Di:!::i(}-(JJ]I:1 AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE JAMES DEVINS, Defendant : NO. 03-4909 CIVIL TERM ACCEPTANCE OF SERVICli,; I accept service of the Divorce Complaint filed on September 17,2003 in the above ~~;:;: ~My ili& I = ,"ilio~ to ,_ ~i~ M~frn~t Date Jenni r re,ehette The 'Iey Group I South Baltimore Street Dillsburg, PA 17019 0 c::: C c.'; ... J -~ '"tl l"" ,.") .~-j mn'i .... Z....~' :z: ;-, , C/?;.:::, " , ~l' , . , ;< . -'to ;", d2:,', '-'.,. "''- ~. L('5 ':-:' ....--; ~:tJI )>C ~-, ~ ..~ :.n Sj C) -< NOV 0 f) 2003 G AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-4909 CIVIL TERM JAMES DEVINS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this b day of tJ ~~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The custody provisions of the PFA Order dated September 16, 2003 are hereby vacated. 2. M01her, Amy Devins, and the Father, James Devins, shall have shared legal custody of AIlicia Nicole Devins, born January I, 1999. Each parent shall have an equal right, to be ejeercised 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 her health, education and religion. 3. The parties shall have shared physical custody ofthe Child on the following schedulet A. Beginning November 8, 2003 Father shall have physical custody of the Child from Saturday at 6:30 p.m. to Wednesday at 6:30 p.m. B. BegJnning November 16,2003 Father shall have physical custody of the Child from Sunday at 6:30 p.m. to Wednesday at 6:30 p.m. This schedule shall continue to alternate thereafter with Father having 4 overnights one week and 3 overnights the next. C. Mother shall have physical custody of the Child at all other times not specifically provided for in this order unless otherwise agreed by the parties. 4. Thmjksgiving shall be shared by the parties. Father shall always have physical custody of the Child from 9:00 a.m. to 3:00 p.m. Mother shall always have physical custody of!the Child from 3:00 p.m. to 9:00 p.m. 5. The Christmas and Easter holidays shall be divided into two Blocks. Block A shall be from Christjmas Eve and Easter Saturday at 10:00 a.m. to 10:00 p.m. Block B shall be from 10:00 p.m. Christmas Eve and Easter Saturday to 10:00 p.m. Christmas Day and Easter Day. Father shall always have Block A; Mother shall always have Block B. 6 Moi;her shall always have the Child on Mother's Day; Father shall always have the Child on Father's Day, both at times agreed by the parties. 7. The parties shall alternate the following holidays from 9:00 a.m. to 9:00 p.m.: Memorial Day, July 4th and Labor Day. Father shall have Memorial Day, 2004. 8. The parties shall seek counseling for the Child by a counselor mutually agreed to by the parties. In the event that insurance does not pay for the counseling; Father agrees to pay for said counseling. Both parties shall cooperate with the counselor and sign releases if necessary so that the counselor may discuss the matter with both parents. 9. Transportation shall be shared such that the parties will meet at the Uni Mart, next to Grandpa Growler's in Mechanicsburg. The Child may only be transported by individuals with valid driver's licenses. 10. Neither parent shall do or say anything nor let anyone in the Child's presence to say or do anything that 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. 11. Neither parent will smoke in the home when the child is in their custody. 12. Neither party will use illegal drugs or drink to the point of intoxication immediately befor~ or during the time that the Child is in their custody. 13. TWs Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conftirence. The parties may modify the provisions of this Order by mutual consent. In the ab~ence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for January 15, 2004 at 8:30 a.m. cc: Georgia Reed, <lertified legal intern Anne MacDon~ld-Fox, Esquire, Counsel for Mother ) Jennifer L. Freqhette, Esquire, Counsel for Father tbt';~ ~ 11_07.03 ~ >- \,() >- e C\.! ,..... l~ .".. (- 9 :5 :"l; c) .,-<:..~ -, ~ - ~c ""c -1::> --. .~;.;. 5:! ':9 ..J _ ;:::'., :C2;' 'ul.J..J C; 'lJa.. ~-"" ~ ~- 4...:_. <'"') 0 (::J 0 AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-4909 CIVIL TERM JAMES DEVINS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19153.8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alicia Nicole Devins January I, 1999 Mother 2. A Conciliation Conference was held in this matter on November 5, 2003, with the following individuals in attendance: The Mother, Amy Devins, with her counsel, Georgia Reed, certified legal intern, and Anne MacDonald-Fox, Esquire, Family Law Clinic, and Father, James Devins, with his counsel, Jennifer Frechette, Esquire. 3. A PF A Order was entered by the Honorable Edgar B. Bayley dated September 16, 2003. The custody provision of the Order provided for Mother to have primary physical custody, with Father having alternating weekends and every Monday overnight. 4. The parties agreed to entry of an Order in the form as attached. /1-5~o'S Date CL_o_ M,V~ ~ Verney, EsqUire Custody Conciliator JAo/' 6 2004 AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-4909 CIVIL TERM JAMES DEVINS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT , 2004, upon , it is ordered and directed as I. The prior Order of Court dated November 6, 2003 shall remain in full force and effect with the following addition. a.m. 2. Another Conciliation Conference is scheduled for May 13, 2004 at 8:30 BYT~~~ ~Vif\S&1~ , Edgar B. Bayley, J. cc: Georgia Reed, certified legal intern Anne MacDonald-Fox, Esquire, Counsel for Mother Jennifer L. Frechette, Esquire, Counsel for Father , '" Q7.7 f'..1 7(,-"!1ifl,nn7 -'~.... 'V,I.J Co j',. W~" JAN 1 6 2D04 AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2003-4909 CIVIL TERM JAMES DEVINS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alicia Nicole Devins January I, 1999 shared 2. A Conciliation Conference was held in this matter on January 15, 2004, with the following individuals in attendance: The Mother, Amy Devins, with her counsel, Georgia Reed, certified legal intern, and Anne MacDonald-Fox, Esquire, Family Law Clinic, and Father, James Devins, with his counsel, Jennifer Frechette, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated November 6, 2003 providing for shared legal and shared physical custody. 4. The parties agreed to entry of an Order in the form as attached. /-f5'-o'f Date (~M.L::J {Jac eline M. Verney, Esquir . Custody Conciliator AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN : DIVORCE AND CUSTODY JAMES DEVINS, Defendant : No. 03-4909 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {l{l 3301(c) of the Divorce Code was filed on September 17, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: \- \~-()L\ ~\{'(YU t C>-e I A : I\^ h Amy Devi , Plaml1ff b ...... C> = c: = .,., ;;:: ..,.. ..., --I ;:g DJ :J::o ~-r r:c, m Z:_t- C;; n1r- Zr" I -.:om ~2; .tJ6 CJ1 b <. . ~-r; EC~. :J>oo .:0 2:0 ::t: ~,.o Pc: C3 Om ~ 'b! CJ1 X, N .< AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN : DIVORCE AND CUSTODY JAMES DEVINS, Defendant : No. 03-4909 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. {l4904, relating to unsworn falsification to authorities. Date: \- \:=y C)L\ ~^' G .T'lE., ,'..,,_r-., Amy Devins, Plaintiff .,." ~ 2 = = ..c- ;;:: ....., ---1 .Uc) f'T1 :r:." mr':'., ro n1p "'loT"', -orn zt~ , .u6 U)".:~ U'l 0, -~::. ~; :i!,-, r::.C) ~~~:..~; ".. b:D -" zNi ~. :p;U C5 0 c ~ -7 ~ U'l :n N -< AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JAMES DEVINS, Defendant : NO. 03-4909 CIVIL TERM CERTIFICATE OF SERVICE I, Georllia L. Reed, hereby certifY that I ama competent adult and that I served a true and correct copy of the Affidavit of Consent and Waiver of Notice on the Defendant, JAMES DEVINS, through his attorney JENNIFER FRECHETTE at 130 W. Church Street, Dillsburg, PA 17019 on February 5, 2004. I verifY that the statements made in this certificate are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ;(1'5"' jot ~~~L eor a L. Reed Certified Legal Intern LACE ROBERT E. INS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 (") c: $: ::f.~r.c ~~1 ~.:';: r" f~ ::::: . Pro z.....; c;::~ ( , Pc ~ '-"0 = = ...- ..,., fT1 00 I c.n ~ ~ nl~ ~rn :iJO 96 .--4-. 6::!:! ?...o c5fTl -I ~ =< :00- :::R: i5 U1 .l'V AMY DEVINS, . IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY . PENNSYLVANIA . V5. . No. 03-4909 Civil . JAMES DEVINS, . CIVIL ACTION - LAW Defendant . IN DIVORCE MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Jennifer L. Frechette, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and pursuant to Pa.R.C.P No. 1012(b) and Pa.R.P.C. No. 1.16 respectfully requests leave of this Honorable Court to withdraw as counsel for Defendant JAMES DEVINS, and in support thereof respectfully represents the following: 1. On September 17, 2003, Defendant retained the law firm of Wiley, Lenox, Colgan & Marzzacco, P.C., to represent him in the above.referenced action. (A copy of said retainer is attached hereto as Exhibit "A"). 2. On October 1, 2003, an Answer & Counter-Claim was filed on behalf of Defendant in response to Plaintiffs Complaint in Divorce. 3. Despite Invoices and Statements sent to Defendant every month Defendant has repeatedly failed to pay his balance or make regular payments. 4. As of the date of this Motion, Defendant owes an outstanding balance to undersigned counsel in the amount of $826.00. 5. Petitioner has undertaken such representation but is unable to continue for the following reasons: a. There has been a serious failure of communication between Petitioner and Respondent. Respondent does not call the office when requested, and does not inform counsel of events which are crucial to Petitioner's representation of Respondent. b. Petitioner is unable to effectively represent a client who fails to communicate with her by not responding to letters sent or telephone calls. c. Respondent by his conduct has rendered it unreasonably difficult for Petitioner to carry out her employment effectively by failing to communicate with her. Withdrawal is allowed under Rule 1 :16(b)(4) of the Rules of Professional Conduct. d. Respondent has disregarded an agreement with Petitioner as to fees and costs and withdrawal is allowed pursuant to Rule 1.16(b)(5) of the Rules of Professional Conduct. Respondent currently owes $826.00 and has not made a payment to Petitioner since early November, 2003. 6. Petitioner has learned that Respondent is currently unemployed and cannot obtain financial support from his family. 7. Pursuant to Pennsylvania Rules of Professional Conduct No. 1.16(b)(4), Defendant has failed substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled. 8. Pursuant to Lincoln Ave. Industrial Park v. Norley, 450 Pa. Super 621, 6777 A.2d 1219 (1996), an attorney's application to withdraw may be granted where the client has not made payment for legal fees and is without reasonable prospect of being able to pay in the future. 9. Pursuant to Pennsylvania Rules of Professional Conduct No. 1.16(b)(3) Defendant's lack of cooperation and failure to communicate with undersigned counsel indicates that Defendant insists upon pursuing an objective that is imprudent. 10. Plaintiff and Defendant have been unable to date to resolve their custodial difficulties for which an additional conciliation is scheduled for May 13, 2004, and it is submitted that, pursuant to Pennsylvania Rules of Professional Conduct No. 1.16(b)(5), further representation of Defendant will result in an unreasonable financial burden on the lawyer. 11. On March 2, 2004, Petitioner provided written notice to Defendant and to counsel for Plaintiff, Georgia Reed with the Dickinson School of Law Family Law Clinic, of Petitioner's intent to seek this Court's permission to withdraw from the case. (A copy of said letter is attached hereto as Exhibit "8"). 12. It is believed that Petitioner's withdrawal from the case will not materially prejudice Defendant or delay any pending litigation. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her Motion to Withdraw as Counsel and allow her to discontinue her representation of Defendant in the above-captioned divorce and custody action. Respectfully submitted, WIL LENO, CO N & MARZZACCO, PC Dated: ~L\(04 Jenni r L. Frechette, squire Attorney for Defendant 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 87445 September 17,2003 James K. Devins 104 Carroll Drive Dillsburg, P A 17019 Re: Divorce Dear James: This letter is to serve as confirmation of our firm's representation of you and clarification of the general basis upon which fees will be charged by our fiml. You have agreed to pay our firm a non-refundable retainer of$I,500.00 for the purpose of assuring our availability in your matter. We have agreed to represent you in your divorce, PFA and custody actions. The retainer will be credited toward the overall fee in your case. The fees in your case will depend primarily on the time, effort, and costs incurred by our representation of you. During the course of the particular matter for which representation has been accepted you will receive additional bills in accordance with our firm's policy: normally on a monthly basis. Each bill you receive will be fully itemized with respect to the time spent, work performed, and charges and costs incurred. Should these issues arise, it is understood that our time will be kept at $150.00 per hour (or the then current hourly rate), with the minimum charges in six minute intervals for all work performed. Occasionally, our law clerk will perform work on your case. That time will be billed at $60.00 per hour (or the then current hourly rate). All bills submitted are to be paid promptly, but not later than 30 days after submission. In the event we are required to institute any legal action for collection of fees or costs due us for services, we have a right also to receive reasonable attorney's fees and costs involved in bringing such action. We reserve the right to terminate our attorney/client relationship for nonpayment of fees or costs. We will keep you well informed about the progress of your case. We will send you copies of all papers coming into and going out of our office, including correspondence, pleadings, and other court documents. Your file will always be open for your inspection at any reasonable time. We always attempt to return all telephone calls promptly. Ifno one is available when you call, we September 17,2003 Page 2 will return your call as quickly as possible, but, under certain circumstances, we might have some delay in returning calls, particularly when preparing for or on trial in another case. Every effort will be made to expedite your case promptly and efficiently according to the highest legal and ethical standards. However, it is impossible to predict the course that a family law case will take. It is also impossible to determine in advance the amount of time that will be needed to complete your case. We will use our best judgment to determine the amount of time and the nature of the services to be performed in your best interest. We will keep you as fully informed as possible of all the time devoted to yom; case by us. , , You acknowledge that we have made no guarantees about the disposition of any phase of this matter or matters for which we have been retained, as all statements made by us are only our OpInIOns. Thank you for allowing us to represent you in this matter. We look forward to working with you. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. ..'... By: Jennifer 1. Frechette, Esquire JLF/sam Jan "M. Wiley David /. Lenox Timothy J. Colgan Christopher J. Marzzacco David E. Hershey Diana Woodside Bradley A. Winnick Jennifer L. Frechette THE "WILEY GROUP Attorneys at Lavv Wiley, Lenox, Colgan & Marzzacco, P.c. March 2, 2004 Georgia Reed Certified Legal Intern Dickinson Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Re: Devins vs. Devins Dear Georgia: This is to advise you that I intend to seek the Court's permission to withdraw as counsel with regard to the above-captioned matter. Please advise me immediately if you will object or oppose my Petition. Thank you very much for your prompt response to my request. Very truly yours WILEY, LENOX, COLGAN &. !1t... ZA CCCP.. .., pitl1.c1.) ,Iff. --_... , .r I '1 "\ .. J { " { " i.' '" ." . . n !!'lV' ,/ !.'}"lj' ,. / ..: " "e t' " ~ } " ,'. ,I '... .( ". . .. .' t - ,I by rlJfer L. ~rechette, Esquire JLFllms cc: James Devins 130 VI/ Church Street" Suite 100" Dillsburg, PA 17019.. Phone: (7'17) 432-9E66 (I (gno) SH2...4250 ~ Fax; (717) 432-0426 OffiCf'S in Han-isbul'g s, York 41' C';Hhn(dait~ AMY DEVINS, . IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY . PENNSYLVANIA . V5. . No. 03-4909 Civil . JAMES DEVINS, . CIVIL ACTION. LAW Defendant . IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer L. Frechette, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure of same by depositing same in the US mail, postage pre-paid, first class, addressed to: Georgia Reed Certified Legal Intern Dickinson Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 James K. Devins 104 Carroll Drive Dillsburg, PA 17019 Date~\ l\ \ ~ , \ WILEY, LENOX, COLGAN & MARZZACCO P.C. By: Jen ~ L. rechette, Esquire Atto ney for Plaintiff 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 87445 (") r"~ ( t) :::-.; ~ ,...,. = = .r' ::.1: "'" ;<l I co o ." :r_ n'~.' r" -on] :OC? (::k) ~r:~ r.:J..:...l ~:-P(J :-")m :=~ ,~- :1:, -< "'D :Ji: C:? a Ul '" MAR 1 0 2004 ~ 'Ii AMY DEVINS, . IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBERLAND COUNTY . PENNSYLVANIA . V5. . No. 03-4909 Civil . JAMES DEVINS, . CIVIL ACTION. LAW Defendant . IN DIVORCE RULE AND NOW, this I -:J.tJ, day of ~'- ,2004, a rule is hereby issued to show cause why the within request should not be granted. RULE RETURNABLE IN 10 DAYS~ ()PU~ T: :]J'1 "') V;'!'\.'\;'Y~7/\Si\'i"fJr:f A1.Nnc() (i!' ":"T," '';:'':::/~nJ <-, ~~ c:, '-<: S E: :[; l'o:l Z J ~J\!!J 700Z k::tlF,:.!t",rOi"{,J.CL'd 3Hl .::10 ~J:J'r~:{:;'J-O.~lt':I AMY DEVINS, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA * vs. * No. 03-490'~ Civil * JAMES DEVINS, * CIVIL ACnON - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer L. Frechette, Esquire hereby certify that on March 18, 2004, I am serving a Certified Copy of the Rule to Show Cause and Motion to Withdraw as Counsel with regard to the above-captioned matter, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: James K. Deyins 104 Carroll Drive Dillsburg, P A 17019 Respectfully submitted, WILEY, LENOX, C LGAN & MARZZACC P. ( Date:3\~~ By: fer L. Frechette, Esquire Att ey for Defendant 130 West Church Street Dillsburg, PA 17019 (717) 432..9666 J.D. # 87445 r---..1 c:.~ r' .:;:::J ';-I'j -'=" ::;1: ,".~':J ::.0 !",,,' 1"-) :-r"'''' '...0 <:.""' AMY DEVINS, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBEIRLAND COUNTY, . PENNSYLVANIA . vs. . NO. 03-4909 Civil . JAMES DEVINS, . CIVIL ACTION - LAW Defendant . IN DIVOIRCE & CUSTODY CERTIFICATE OF SERVJ!.CE I, Lindsay M. Strathmeyer, legal assistant to Jennifer L. Frechette, Esquire, hereby certify that I served a true and correct copy of a Petition to Make Rule Absolute upon Defendant and counsel for Plaintiff, by depositing same in the United States Mail, Dillsburg, PA, postage prepaid, addressed as follows: James K. Devins 104 Carroll Drive Dillsburg, PA 17019 Georgia Reed Certified Legal Intern Dickinson Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Date: 6-?:6-D1 A~~ trat eyer r---- (') ...... ~ <=> c <=> J:'" " :I!-n '"U '--T~ :x: l"~ ' ". ~I;:; - .... ;;0 u} w S~ ~- , .,-- . ::C.;1 .- :-:>- 0- .~2~. C ::;:: Z~ j;-:' c: 00 0 :2: ;;;-\ :::! (.J1 :is -< AMY DEVINS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, * PENNSYLVANIA * vs. * NO. 03-4909 Civil * JAMES DEVINS, * CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW comes the Petitioner, Jennifer L. Frechette, Esquire, and petitions this Honorable Court as follows: I. On or about March 8, 2004, the Petitioner, Jennifer L. Frechette, Esquire, did file a Petition to Withdraw Appearance, along with a Rule to Show Cause. 2. On March 12, 2004, the Honorable Edgar B. Bayley did issue a Rule to Show Cause to show cause why Jennifer L. Frechette, Esquire, should not be permitted to withdraw as counsel for Defendant, with said Rule returnable ten (10) days from service. 3. On March 18, 2004, Petitioner did served upon Defendant the above referenced Rule to Show Cause. 4. On March 2, 2004, the Petitioner did inform counsel for Plaintiff, Georgia Reed, Certified Legal Intern with the Dickinson School of Law Family Law Clinic that she intended to file a Petition to Withdraw, which counsel for Plaintiff did receive, in addition to the Rule to Show Cause. 5. To date there has been no response from Defendant to the above referenced Rule to Show Cause. 6. Counsel for Plaintiff has not indicated any objection to Petitioner's withdrawal as counsel for Defendant. WHEREFORE, the Petitioner respectfully requests that this Honorable Court grant the Petitioner leave to withdraw her appearance for the Defendant in this action. Respectfully submitted, Date: 3\1jJ \G~ ~ Mn.. , Je fer L. Freche te, Esquire Wil y, Lenox, Colgan & Marzzacco, PC 130 West Church Street, Suite 100 Dillsburg, PAl 70] 9 (717) 432.9666 ID #87445 ..., c-..) C,-:':> ..,.. ".',' ~J w o -n ..... -r::--r; r'11p -"lr::~ :'.=:~~-; :;C'~ (, "'>,1' cp Cr1 (1 APR 0 2 2004 V AMY DEVINS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERL,lI~ND COUNTY, * PENNSYLVANIA * vs. * NO. 03.4909 Civil * JAMES DEVINS, * CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY ORDER ANDNOW,this \).~ daYOf~ g , 2004, the Petition to Make Rule Absolute is granted, and the Petitioner, Jennifer L. Frechette, Esquire, is permitted to withdraw her appearance of record for the Defendant in the above matter. It is further ORDERED and DECREED that the Prothonotary shall so mark the record. BY THE COURT: cQ22~~ J. h:" 1f) ?:= <' ID ~, ro 7{,: LLl ~~ 2~~~ " :::;: (")f::j (~~~): ("') uJ-'- dLU C.- u...:;r: 0- .-" <dO u.. .:r => 0 = <-' tfri ~~'bE . r.. . 0 ~~ AMY DEVINS, * IN THE COILJRT OF COMMON PLEAS Plaintiff * CUMBERLtlND COUNTY, * PENNSYLVANIA * vs. * NO. 03-4909 Civil * JAMES DEVINS, * CIVIL ACTIION - LAW Defendant * IN DIVORCE & CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW comes the Petitioner, Jennifer L. Frechette, Esquire, and petitions this Honorable Court as follows: 1. On or about March 8, 2004, the Petitioner, Jennifer L. Frechette, Esquire, did file a Petition to Withdraw Appearance, along with a Rule to Show Cause. 2. On March 12,2004, the Honorable Edgar B. Bayley did issue a Rule to Show Cause to show cause why Jennifer L. Frechette, Esquire, should not be permitted to withdraw as counsel for Defendant, with said Rule returnable ten (10) days from service. 3. On March 18,2004, Petitioner did served upon Defendant the above referenced Rule to Show Cause. 4. On March 2, 2004, the Petitioner did inform cOlmsel for Plaintiff, Georgia Reed, Certified Legal Intern with the Dickinson School of Law Family Law Clinic that she intended to file a Petition to Withdraw, which counsel for Plaintiff did receive, in addition to the Rule to Show Cause. 5. To date there has been no response from Defendant to the above referenced Rule to Show Cause. 6. Counsel for Plaintiff has not indicated any objection to Petitioner's withdrawal as counsel for Defendant. WHEREFORE, the Petitioner respectfully requests that this Honorable Court grant the Petitioner leave to withdraw her appearance for the Defendant in this action. Respectfully submitted, '0\ ~ \0-\ , J, f~ J~~"ire Wil y, Lenox, Colgan & Marzzacco, PC 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432..9666 ID #87445 Date: i () C. 7" ct; F'~~ ~jj,,: s.~.:(:;C; ,," .. ,~. -7 \.. ~ ;";~ -< ~ '- ....." = = .c- :x p. :;;0 W ~ -l :r:~ nlp -eJm :u9 ~~ O:!1 -7() um :;_;1 ~,., ::< ".. :>: C? en AMY DEVINS, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYIN ANIA * vs. * No. 03-4909 Civil * JAMES DEVINS, * CIVIL ACTION -LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer 1. Frechette, Esquire hereby certify that on April 14, 2004, I am serving a Certified Copy of the Order dated April 12, 2004 allowing me to withdraw as counsel for Defendant in the above-captioned divorce action, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: James K. Devins 104 Carroll Drive Dillsburg, P A 17019 (Last Known Address) Respectfully submitted, By: WILEY, LENOX, COLGAN & MARZZACCO .C. j~F~h_' ~ Attorney for Defendant 130 West Church Street Dillsburg, PA 17019 (717) 432.9666 J.D. # 87445 ....., ::'? ~:-2 ::";:J :;/.] m -"""', o -n .-, :r.:""'Q rnr- -LJ~ :coy i.._-:C,.? - \-r. -"'-:m, --- ,:C) ~'_:, r" N Ln ~_.;? MAY 1 3 2004 \5 ,~ \' AMY DEVINS, Plaintiff : IN THE COURT O]~ COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4909 CIVIL TERM JAMES DEVINS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this t & day of consideration of the attached Custody ConciliatIOn ReIl follows: , 2004, upon , it is ordered and directed as 1. The prior Orders of Court dated November 6, 2003 and January 22, 2004 are hereby vacated. 2. Mother, Amy Devins, shall have sole legal and sole physical custody of Alicia Nicole Devins, born January 1, 1999, until further Order of Court. 3. This Order is entered pursuant to an Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual wnsent. In the absence of mutual consent, the terms of this Order shall control. BYTrCT Edgar B. Baylley, J. cc:~a Reed, certified legal intern ~e MacJ?onald-Fox, Esquire, Counsel for Mother miLa) ~es DeVInS, pro se --r f v r'""'"":O I Cumberland County Prison L~' 1101 Claremont Road Carlisle, P A 17013 0.5-/<6 -0 f >. (f: j::":.: U.!~~ Q("-~ H--j i'-~c ?t7..) Qa' we.: -' u::..u j:l: u.. o N N ~: c.-c> >- 'L<;: :li:: -'T = c.:::::t C'-.l :-;::.."':: ..,,) (.) AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-4909 CIVIL TERM JAMES DEVINS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3.8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alicia Nicole Devins January 1, 1999 Mother 2. A Conciliation Conference was held in this matter on May 13, 2004, with the following individuals in attendance: The Mother, Amy Devins, with her counsel, Georgia Reed, certified legal intern, and Anne MacDonald..Fox, Esquire, Family Law Clinic. Father, James Devins, did not appear although he [I~ceived notice of the conference. It was reported that Father is currently incarcerated in Cumberland County Prison. 3. This Honorable Court previously entered two Orders of Court, dated November 6, 2003 and January 22, 2004. Said Orders provided for shared legal and shared physical custody. 4. Mother requested an Order in the form as attached. r~IJ '6c.{ Date 1\ '& ,I ~~~ V~/ cq~ine M. Verney, Esquire /l Custody Conciliator AMY DEVINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION.LA WIN : DIVORCE AND CUSTODY JAMES DEVINS, Defendant : No. 03-4909 CIVIL TERM NOTICE TO DEFENDANT 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 parties to this action separated on August 18, 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses iff do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date C\. -;:}.\. 0:, ~'~Y\ , ~0-"j 'I'''' I) Amy Devl , Plaintiff "--' ,::::::;' = ''''' o C"J -, o .,., :.? i'<lfD :(~E~ , , "-{C:J A~~ ::::.-1 55 -< C) :~ ~ -.l .. AMY DEVINS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION-LAW IN /[) : DIVORCE AND CUSTODY COp ; No. 03-4909 CIVIL TERM Y JAMES DEVINS, Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF & 330l(d) DIVORCE DECREE TO JAMES DEVINS: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the S 330I(d) affidavit. Therefore, on or after October 30, 2005, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD ALA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. - '... AMY DEVINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION- LAW IN DIVORCE AND CUSTODY JAMES DEVINS, Defendant NO. 03-4909 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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 the complaint: September 19, 2003, accepted on behalf of Defendant by Jennifer Frechette, Esq., prior counsel for Defendant. 3. Date of execution of the Plaintiffs Affidavit required by S 330 I (d) of the Divorce Code: September 29, 2005; Date of service of the Plaintiffs Affidavit upon the Defendant: October 10,2005, sent to 843 Bosler Avenue, Lemoyne, P A 17043, last known address, returned "Attempted Not Known" December 1,2005, sent to 12 North Penn Street, York, P A 17404, address acquired from Cumberland County Domestic Relations Office, returned "Not Deliverable as Addressed". 4. Related claims pending: None. 5. Date and manner of service ofthe Notice oflntention to Request Entry of Divorce and Defendant's Counter-Affidavit, copies of which are attached: October 10,2005, sent to 843 Bosler Avenue, Lemoyne, P A 17043, last known address, returned "Attempted Not Known" December 1,2005, sent to 12 North Penn Street, York, PA 17404, address acquired from Cumberland County Domestic Relations Office, returned "Not Deliverable as Addressed". .// c// . / Date IlljLlJ05 I .~ e M.'G Certified Legal I . It. , -. ,. (/ /'" L' '//1' ,It;. '(fIN ,{"/(,d;( -N Anne Mac~onald.Fox (,'/ Supervising Attorney . F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 7171240.5204 ...--- ----- - ++ +:f.:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +..:+: 'f . .. .. ... . . .. :+::f.:+::+: . . . :+::+::f.:+: :+::+:;t:;+;;+;:f.:+: ~:+::f.;+;:+:;t::+::+::f.~:f.:+::+::f.:+:..++.:+:;t:+.+:+:+.++.+:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + . + + . + . . + . . + . . . . + + . + . . + + . .' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. "MY DEvIN". Plaintiff NO. 4909 2003 VERSUS JAMES DEVINS, Defendant DECREE IN DIVORCE AND Now,~I;)~ /- -uJP .i 'C..-\. , IT IS ORDERED AND DECREED THAT AMY DEVINS , PLAI NTI FF, AND JAMES DEVINS , 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 FIINAL ORDER HAS NOT YET BEEN ENTERED; NONE. / / /' / By T,\E Co ATTEST: d . ~.. ~i PROTHONOTARY ... :f:f.~'f'f:+: +:+::+:+ .. . 'f+'f:+::+:'f++:f.+:+:++++.+:+:++ 'l' + + +. 'f +':f. 'l' 'f 'f 'f .. + 'f''f.++'f'f.+'+''f'++ J. . #Jl Z J""i7P// ?c7j2V'/L, . 7 ;::T ~ ~;''/~}' r.?7 5C7.l(" (7/ 97' t~-o C'I . ~ 1',. ..' .. . , -FIG `. _ z'ROTHONOT,*%'f TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 2311 AUG 29 AM 10: 41 "UMBERLAND COUNTY PENNSYLVANIA AMY DEVINS, § IN THE COURT OF COMMON. PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2003-4909 CIVIL TERM JAMES DEVINS, § CIVIL ACTION - CUSTODY Defendant § PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow James Devins, Defendant, to proceed in forma pauperis I, Tabetha A. Tanner, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the Defendant. By: Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 AMY DEVINS, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent § CUMBERLAND COUNTY, PENNSYLVANIA § V. § NO. 2003-4909 CIVIL TERM -? -- § c':.; r JAMES DEVINS, § Z :;)a CIVIL ACTION - LAW c7 P,, -a -11C1 Defendant/Petitioner § ` ic: § IN CUSTODY p< =C:) c-;. yc c Cm .r- PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER PURSUANT TO 23 Pa.C.S. 5310 AND NOW, comes the Petitioner, James Devins, by his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Petitioner, James Devins, is an individual currently residing at 700 Nailor Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent, Amy Devins, is an adult individual currently residing at 90 Salem Church Road, Lot 516, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Petitioner respectfully represents that on May 18, 2004, an Order of Court was entered for Custody, in Dauphin County, Docket No. 2003-4909 (Exhibit "A") based on the recommendations of a May 13, 2004 Custody Conciliation Summary Report from a Conciliation held the same day. 4. This Honorable Court previously entered two orders of Court, dated November 6, 2003 and January 22, 2004. Said Orders provided for shared legal and shared physical custody for the parties minor child, Alicia Nichole Devins, born January 4, 1999. ? FP 5. The aforementioned Conciliation Conference was attended only by Respondent and her counsel. Petitioner's rights were not represented at the Conciliation. 6. As a result of Conciliation Conference, at which Petitioner's rights were not represented, Respondent was granted sole legal and sole physical custody ofthe parties minor child, Alicia, until further Order of Court. 7. Since that Order, the parties have had another child, Hallie Marie Devins, born September 10, 2006. 8. This Order should be modified to grant Petitioner primary physical and shared legal custody of Alicia Devins and Hallie Marie Devins. 9. This Order should be modified because Respondent is currently has an unstable home environment in that over the past two years, she has resided with three different boyfriends, including Scott Alan Hadbavny, who has a criminal record which includes harassment, retail theft, drug use, assault; driving with a suspended license and driving while under the influence. 10. Alicia has stated that Mr. Hadbavny touched her in an inappropriate sexual manner. She has recently recanted that statement, Father believes due to pressure she received from Mother. 11. At one point, Alicia and Respondent fled to the neighbors house and reported to them what Mr. Hadbavny was doing to her. Mr. Hadbavny was removed from the house, but showed up two weeks later and Respondent allowed him to continue living at the house with the children. 12. Despite the May 18, 2004 Custody Order, the parties mutually agreed to modify the terms of the Order to allow Petitioner to have visitation with the children every other weekend. 13. In September 2010 Respondent discontinued the aforementioned visitation in retaliation after Petitioner reported Respondent for abuse. 14. Petitioner was not been able to speak to or see his children since Hallie's birthday on September 10, 2010 until approximately March or April 2011, despite numerous attempts to call and write. 15. Respondent is not providing adequate care for the children. In addition to forcing them to live with a convicted felon who has been touching Alicia inappropriately, she is sending Alicia to school looking extremely unkempt. The school has sent home soap and other hygiene products on multiple occasions. 16. Further, Respondent has allowed Alicia to miss almost 40 days of school the past academic year. 17. While in Respondent's care, Alicia is almost never home, she is allowed to bike or walk to Mechanicsburg, often not coming home until 9PM during which time she does not check in with anyone to let someone know where she is or that she is safe. 18. Respondent does not allow Petitioner to speak with either child on the phone. Petitioner has not spoken with either girl or seen either girl since the end of May 2011. 19. Respondent has not enrolled Hallie in any Pre-K programs to prepare her for Kindergarten. WHEREFORE, Petitioner requests that the Court modify the existing order for Custody to give him primary physical custody because it will be in the best interest of the children. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner/Defendant TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 (717) 731-8114 MAY 1 3 2004 v? AMY DEVINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20034909 CIVIL TERM V. JAMES DEVINS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 200.4, upon consideration of the attached Custody Conciliation Re it is ordered andldirected as follows: 1. The prior Orders of Court dated November 6, 2003 and January 22, 2004 are hereby vacated. 2. Mother, Amy Devins, shall have sole legal and sole physical custody of Alicia Nicole Devins, born January 1, 1999, until further Order of Court. ' 3. This Order is entered pursuant to an Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY / Edgar B. Bayley, cc:AKeOrgi'a Reed, certified legal intern AAnpe MacDonald-Fox, Esquire, Counsel for Mother es Devins, pro se 14 Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 05-18-0 f J. Exhibit "A" VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: -( Jam s Devins T - - AMY DEVINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ! cn °-''st 2003-4909 CIVIL ACTION LAW JAMES DEVINS DEFENDANT IN CUSTODY c, " ORDER OF COURT AND NOW, Thursday, September 01, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 04, 2011 _ - - at 3:30 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M Verney, Esg Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Val/.C17"m'l ,,w,??O/ C arlisle, Pennsylvania 17013 joe- Telephone (717) 249-3166 r?erne 9 FC 116 AMY DEVINS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-4909 CIVIL ACTION - LAW JAMES DEVINS IN CUSTODY Defendant ran' PRAECIPE FOR ENTRY OF APPEARANCE ' ; r3 To David D. Buell, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Amy Devins, in the above captioned case. Respectfully submitted, Jesskc? 1Iolst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 1'? • Lj? -11 M AMY DEVINS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2003-4909 CIVIL ACTION - LAW JAMES DEVINS IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Amy Devins, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Tabetha Tanner, Esquire 3507 Market Street Suite 303 Camp Hill, PA 17011 Date: 1040'11 JeA's ca Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 L? AMY DEVINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4909 CIVIL TERM JAMES DEVINS, : CIVIL ACTION - LAW Defendant . IN CUSTODY ORDER OF COURT ! L AND NOW, this 117' day of > u"key , MM, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated December 8, 2011 is hereby vacated. 2. The Father, James Devins and the Mother, Amy Devins, shall have shared legal custody of Alicia Nichole Devins, born January 4, 1999 and Hallie Marie Devins, born September 10, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have periods of supervised visitation with the supervisors being the paternal grandparents, as follows: A. Christmas Day from 5:00 p.m. to 8:00 p.m. B. Beginning January 5, 2013, alternating Saturdays from 12:00 noon to 3:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. The person picking up the children for Father's period of custody shall provide evidence of a valid drivers' license to Mother. 6. Neither parry nor the supervisors may partake in illegal drugs or non- prescribed medication or drink alcohol to the point of intoxication immediately before or during their period of custody or visitation or supervision. 7. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 8. 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 mutual consent, the terms of this Order shall control. cc Tabetha A. Tanner, Esquire, Counsel for :' Jessica Holst, Esquire, Counsel for Mothsr fika T 7,_e.' 3 BY THE COURT, AMY DEVINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-4909 CIVIL TERM JAMES DEVINS, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. 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 Alicia Nicole Devins January 4, 1999 Mother Hallie Marie Devins September 10, 2006 Mother 2. A Conciliation Conference was held in this matter on December 13, 2012, with the following individuals in attendance: Father's counsel, Tabetha A. Tanner, Esquire, and Mother, Amy Devins, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated December 8, 2011 providing for Mother to have shared legal custody, Mother having primary physical custody with Father having alternating weekends. 4. The parties agreed to the entry of an Order in the form as attached. Date a eline M. Verney, Esquire Custody Conciliator