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HomeMy WebLinkAbout07-5467fl\div\MCNULTY,PATRICK-3301(c)(d)&custody Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717.774.7435 Attorneys for the Plaintiff PATRICK B. MCNULTY, Plaintiff v. MICHELLE L. MCNULTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Defendant : 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 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 at the Cumberland County Courthouse, Carlisle, PA 17013. 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, PA 17013-3302 Telephone: (717) 249-3166 -2- fl\div\fl\div\MCNIJLTY,PATRICK-3301(c)(d)&custody Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717.774.7435 Attorneys for the Plaintiff PATRICK B. McNULTY, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. p 7- ~S~G 7 ~~ ~-~ MICHELLE L. McNULTY, :CIVIL ACTION -LAW Defendant : IN DIVORCE and CUSTODY COMPLAINT IN DIVORCE UNDER 3301(c) or 3301(dl 1. The Plaintiff in this action is PATRICK B. McNULTY, an adult individual, who currently resides at 921 Bradford Road, Linglestown, Dauphin County, Pennsylvania. 2. The Defendant in this action is MICHELLE L. McNULTY, an adult individual, who currently resides at 268 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 2, 2003, in Kings Gap, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -3- 7. The Plaintiff avers that one child, MALLORY McNULTY, has been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. COUNT I -CUSTODY 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though fully set forth at length. 11. The Plaintiff in this action is PATRICK B. McNULTY, an adult individual, who currently resides at 921 Bradford Road, Linglestown, Dauphin County, Pennsylvania. 12. The Defendant in this action is MICHELLE L. McNULTY, an adult individual, who currently resides at 268 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 13. Plaintiff seeks primary physical custody of MALLORY McNULTY, who resides with her father, the Plaintiff, at 921 Bradford Road, Linglestown, Dauphin County, Pennsylvania, and is three years of age having been born on February 26, 2004. The child was not born out of wedlock. The child is presently in the custody of her father, the Plaintiff above-named. The Plaintiff seeks majority physical custody of the child. Plaintiff agrees to shared legal custody of the minor child with the Defendant enjoying partial physical custody. -4- During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Plaintiff & Defendant 268 Redwood Lane, Carlisle, Birth -Present Pennsylvania The mother of the child is the Defendant, MICHELLE L. McNULTY, an adult individual, who currently resides 268 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. The father of the child is the Plaintiff, PATRICK B. McNULTY, an adult individual, who currently resides at 921 Bradford Road, Linglestown, Dauphin County, Pennsylvania. He is married to the Defendant. 14. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP VANORA N. BRICKER & HARRY BRICKER Minor child, MALLORY McNULTY Plaintiff s Mother & Stepfather Daughter, subject child 15. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP GWENDOLYN I. STROM Defendant's daughter from prior marriage 16. 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. -5- Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the child. Plaintiff consents to the jurisdiction of Cumberland County. 17. The best interest and permanent welfare of the minor child will be served by granting the relief requested because: A. Due to a work related injury Defendant/Mother suffers from Reflexive Sympathetic Dystrophy, or Complex Regional Pain Syndrome, which confines her to a wheel chair and requires her to take a numerous medications, including OPANA, an Opiate pain medication which often makes her drowsy. B. In addition to OPANA, Mother takes no less than ten (10) medications to treat her two diagnosis, severe depression and Seasonal Affective Disorder (SAD), which also tend to make the Defendant lethargic. Mother is under the care of Dr. Park from Philadelphia. It should be noted that the severe depression diagnosis was apre-existing condition, predating the Mother's injury at work. C. Mother is a habitual smoker and smokes in bed and apparently because of her medication has fallen asleep several times while smoking, igniting her bed clothes numerous times. This is an extremely unsafe environment for the minor child. D. Mother is currently unemployed and is collecting Workers Compensation and is quite possibly addicted to her pain medication as she sleeps most of the day. E. Mother has become aggressive and threatening towards the Father which has necessitated police intervention to calm down the Mother on several occasions. -6- F. Father can provide a safe and stable environment for the minor child. G. Father can provide a shared and liberal visitation schedule with the Mother so that the child can be nurtured and loved by both parties. 18. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Court grant the Plaintiff majority physical custody of the child with shared legal custody to the Defendant, giving the Defendant partial physical custody. STONE LaFAVER 8t SHEKLETSKI S me Cdrt ID # 1 14 Bridge Street .O. Box E New Cum 1 , PA 17070 Telepho -774-7435 Attnrnevs or Plaintiff -7- VERIFICATION Patrick B. McNulty states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. PATRICK B. Mc TY Date: ~3i ~~ -8- ~ ~ ~ °'° r o cw a oC ]~ ";.',; ~. ~~, =~ ~~:- _~, ~~.: ~~.~; -~ ~~ ~. PATRICK B. MCNULTY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-5467 CIVIL ACTION LAW MICHELLE L. MCNULTY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 19, 2007 ,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 23, 2007 at 10:30 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 hearin¢. FOR THE COURT, By: /s/ ac veline 11~ Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~,&~ -~~ ~8~ #" ~ ~~°~~v t d t~R~1~/l~~tSN,~,~d ~.~1t1r~n na;'`*~'4'~'~V~I~'~ s o : ~, ~~ ~,1 des coot ~a b/~b ~°" ~~ ° b ~o-~ ~6 ~~s~,v~~~c~~ ~H1 ~o ~ ~ F 3DOCS\FL\DI V1MCNiJLTY,PATRICK-affofservice Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver &Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717.774.7435 Attorneys for the Plaintiff PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, : N0.07-5467 CIVIL TERM MICHELLE L. McNULTY, :CIVIL ACTION -LAW Defendant : IN DIVORCE and CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: I, Elizabeth B. Stone, of Stone LaFaver &Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Michelle L. McNulty, at 268 Redwood Lane, Carlisle, Pennsylvania 17013, by United States Certified Mail, Postage Prepaid, Restricted Delivery, on September 18, 2007, as evidenced by the attached certified mail return receipts. at L /,,' SWORN TO AND SU SCRIBED befor e is ~ day of 2007. Notary P KATHLEEN KEfM, Notary PubNc New Cumberland Boro., Cumberland Cc NNr ConRniasion F.> Dec. 5, X10 ~ . ~ ii fti r•+1 A © Relum Receipt Fee ~ , ~~ / © (Endorsement Required) ((( .n ~ Restricted l)eNvery Fee `` j ~ (Endorsement Required) ~ G.`.\ ~ Totai Postage & Fees .~ ; ~•( "v U~q O t ~" ~~--- ~e - -- o ----..__ . .: - ---------- ----------------------- o ~~. r. aPOaouNo. p~~---- ,,, .,,,~ • X D. 1a dolwty ~dd~twr diW~t'IYOm ilwto tT ~i~ M Yom, sftlrr'<t~IMry aiddn~w ttNotr: I~'1W C~m~ „~ ~ o'er ;~ Mrm 4' MJ4~MMtEIolAid h dNMact. ~ your ~.~ti adiiitNS on the rsrwsb ~c+ ttwrt wr cz~. tea Th+r arai to you. 1Mlaoh 1ltiil oMd b the !mac of the esMpi*o>~,,. ,. Mart Me Rant K t~pno~ ~inntta. t,. ~Cls Addrass~d bo: } #~~~. ~ t O tn~unra ir,Mll D aaa 7Qtl? ~71~ ®U0~ -5t~44 1171 n car. ~ N.Y } T /'l'' 4~j ,, t i ' ^ ~ ~ ~ t _ ~s. ~ + ~ 1` . t PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07-5467 MICHELLE L. McNULTY :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Michelle L. McNulty, in the above captioned divorce case. Respectfully Submitted, SAIDIS, F,,4.OWER & LINDSAY FLOWER ~ LINDSAY 26 West High Street Cazlisle, PA Dated: ~ ~Z~/~~ Mar~fd atas, Es~fire Attorne .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 -facsimile Counsel for Defendant C' ~ c`am''-, C ~ r ~~ T r ~ ~~ _ y ..~ .. ---1 ocr 2 4 tool MICHELLE L. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : N0.2007-5447 CIVIL ACTION -LAW PATRICK B. McNULTY, Defendant : IN CUSTODY PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V : N0.2007-5467 CIVIL ACTION -LAW MICHELLE L. McNULTY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of ~.~' , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearin is s he ed in Court Room N . ~ , of the Cumberland g County Court House, on the ~~ day of I1j , 200, at ~ • t~D o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Mother, Michelle L. McNulty and the Father, Patrick B. McNulty, shall have shared legal custody of Mallory McNulty, born February 26, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 9 entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. 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. 4. Father shall have primary physical custody of the child. 5. Mother shall have periods of partial physical custody as follows: A. Three weekends out of four, from Friday at 4:00 p.m. to Monday at 4:00 p.m. B. When Mother is scheduled to have the child on the weekend, she shall have physical custody of the child on the preceding Wednesday from 4:00 p.m. to 8:00 p.m. C. When Mother does not have physical custody on the weekend, she shall have physical custody of the child on the preceding Tuesday and Thursday from 4:00 p.m. to 8:00 p.m. D. During Mother's periods of overnight physical custody, maternal grandmother shall sleep over at Mother's home. E. Mother's weekends shall begin November 2, 2007 and she shall have the following weekend thereafter. Father shall have the following weekend and then Mother shall have the next four weekends, then the regular 3 weekends for Mother and one for Father shall begin. 6. Thanksgiving shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from 3:00 p.m. to 9:00 p.m. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in 2007 and Mother shall have Block B in 2007. 8. The parties shall cooperate with family counseling. 9. Father shall be responsible for all transportation. 10. Neither party may smoke in the presence of the child. 11. Neither party shall do anything, nor permit a third party from doing anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator for another Conciliation Conference prior to the hearing date. BY THE COURT, :~ J. cc: egory S. Hazlett, Esquire, counsel for Mother ~zabeth B. Stone, Esquire, counsel for Father FIL~~i--Ji~i=l ~~., OF THE °~ ~ ~~i~!-"" ~'~TARY 2~~1 OCT 29 Pi 2~ ~ ~ t~ 4;1. ~7-~ MICHELLE L. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-5447 CIVIL ACTION -LAW PATRICK B. McNULTY, Defendant : IN CUSTODY PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-5467 CIVIL ACTION -LAW MICHELLE L. McNULTY, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Mallory McNulty February 26, 2004 Mother 2. A Conciliation Conference was held October 23, 2007 with the following individuals in attendance: The Mother, Michelle L. McNulty, with her counsel, Gregory Hazlett, Esquire, and the Father, Patrick B. McNulty, with his counsel, Elizabeth B. Stone, Esquire. 3. The Honorable Edward E. Guido previously entered a Temporary PFA Order at Docket No. 2007-6044. A hearing was scheduled for October 22, 2007 but was continued to an unknown date. The Temporary PFA awarded temporary custody of the child to Mother. 4. Mother's position on custody is as follows: Mother seeks shared legal and shared physical custody. Mother asserts that before she was injured, she was the primary custodian of the child and after her injury she and her mother were the primary . ~ . custodians of the child. Mother is currently on pain medication, but denies that it makes her groggy. 5. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having three weekends per month. Father claims that Mother is on 10 medications that make her groggy, posing a safety risk for the child. Father asserts that Mother smokes and nods off to sleep with a lighted cigarette. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting shared legal custody, Father having primary physical custody and Mother having three weekends out of four, including overnights as long as maternal grandmother stays in the home overnight. It is expected that the Hearing will require one day. ~~-apt a~ Date ~, ac line M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA MICHELLE L. MCNULTY, Plaintiff Vs. PATRICK B. MCNULTY , Defendant CIVIL ACTION---LAW No. 2007-5467 In Custody MOTION FOR CONTINUANCE AND NOW, comes the Defendant's attorney Gregory S. Hazlett, Esquire and states the following in support of his Motion for Continuance. 1. Plaintiff is Michelle L. McNulty, the biological mother Mallory McNulty. 2. Defendant is Patrick B. McNulty, the biological father of Mallory McNulty. 3. On the 19h day of September 2007, the aforementioned parties appeared before Jacqueline M. Verney for a Conciliation Conference. 4. The parties are scheduled to have a Custody Hearing on November 29`x, 2007, before the Honorable, Judge Guido. 5. Plaintiff, Michelle L. McNulty is awaiting a medical report that is relevant to the issue of custody which heretofore she has not received 6. Additionally, the parties have agreed to revisit the issue of custody at a second Conciliation Conference in an effort to resolve their differences prior to a heazing before the Judge. 7. Counsel for Defendant, Patrick McNulty has concurrence from counsel for the defendant, Elizabeth Stone, Esquire. For the aforementioned reasons counsel for Plaintiff requests that the Honorable Court grant a general continuance of the custody Hearing scheduled for November 29`x, 2007 until further notice of the plaintiff. WHEREFORE, plaintiff's Attorney, Gregory S. Hazlett, respectfully request that Honorable Court generally continue the Custody Hearing scheduled for November 29~', 2007 until further Order of Court Date: 11 /27/2007 Respectfully Submitted, GREGORY S~IAZLETT, ESQUIRE 7 VYhst Main Mechanicsburg, PA. 17055 Phone: 717-790-5500 C-? ~v C- ~' ..._,, -n " - . ~ -r fir; r. is - ~~ , °~'•~ '~ ~~. ~~~ . ~ ~ J . ~' . . .~ V ; aiiea~2ees - F:1F1[.E31CIic~acU217d112I74.l.praxi}x.54o7 wpd CMR1Cd. 4/304 O:a6PM R~Nxod: It4IQR 7:SinM Hubert X. Gilray, Esquire I.D. 29943 Katie J. Maxwell, Esquire I.D. 206018 MARTSON DEARDORFF VI~ILLiAMS OTTO GILROY & FALLER 10 East High Strcct Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PATRICK B. MCNULTY TN THE COURT OF COMMON PLEAS OF Plaintiff' GUMEERLAND COUNTY, PENNSYLVANIA. v. MICHELLE L. MCNULTY Defendant TO THE PROTHONOTARY: N0.2007-5467 CIVIL ACTION - X,AW JURX TRIAL DEMANDED ~ItAECIPE Please withdrawal the appearance of Stone, I~Faver & McNulty in. the above matter. STONE, ~.FAV By Lll. Na 02,. 414 B e P.O. Bo New berla~ (7 74-7435 behalf of. Patrick $. FA 1707(} Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO C,}ILROY AND FALLER on behalf of Fatriek B. McNulty in the above matter. MARTSON LA~VV OFFICES Date: ~` 8 /~~ f Hubert 7~. lroy ,Esquire I.D. No 9943 Ten st High Street C isle, PA. 17013 17) 243-3341 Attorneys for Defendant c-, c ~ ~ ~ u °~ ; -~, r _~~~ ~ "` ~=:F ~a ~: ~_ r~ .~ ,,,... ~, Michelle McNulty, Plaintiff v. Patrick McNulty, Defendant Patrick McNulty, Plaintiff v. Michelle McNulty, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-5447 CIVIL ACTION-LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-5467 CIVIL ACTION-LAW IN CUSTODY WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for Michelle McNulty, in the above captioned matter. 7 ~ st Main Street f- Mechanicsburg, PA 17055 Date: PLEASE enter the appearance of the Family Law Clinic as attorney of record on behalf of Michelle McNulty, in the above captioned matter. Date: ~ ~ ~~ ectfully submitted by: uchika Certified Legal Intern MEGA RIESMEYER, FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Michelle McNulty, Plaintiff v. Patrick McNulty, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. N0.07-5447 CIVIL ACTION-LAW IN CUSTODY Patrick McNulty, Plaintiff v. Michelle McNulty, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5467 CIVIL ACTION-LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Ruchika Gupta, hereby certify that this day I am personally serving a true and correct copy of the foregoing Praecipe for Withdrawal and Entry of Appeazance, on Gregory Hazlett, Esq., at 7 West Main Street Mechanicsburg, PA 17055 and Hubert Gilroy, Esq., at 10 East High Street Carlisle, PA 17013, by first class mail, postage prepaid. Date: ~~J' ~ (7 Ruchika C$upta- %1 Certified Legal Intern ~ ~. ' m - ~ .s:ta.~ ~ _ ..,ti,-e , --r• -, ~.., - ;~ rq^ ` (~': ~-} a t~iyy c"~ F:\FILES\Clients\12874 McNulty\12874.1.pet Created: 9/20/04 0:06PM Revised: 9/1/09 4:46PM Hubert X. Gilroy, Esquire I.D. 29943 Katie J. Maxwell, Esquire I.D. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant MICHELLE L. MCNULTY Plaintiff v. PATRICK B. MCNULTY Defendant PATRICK B. MCNULTY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-5447 CIVIL ACTION -LAW JURY TRIAL DEMANDED 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-5467 CIVIL ACTION -LAW MICHELLE L. MCNULTY : Defendant JURY TRIAL DEMANDED PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Petitioner, Patrick B. McNulty, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support of his Petition for modification avers as follows: 1. Father/Petitioner is Patrick B. McNulty, an adult individual who resides at 114 North Frederick Street, Mechanicsburg, Cumberland County, Pennsylvania. He resides there with his girlfriend, Ellen Flarity, and her two children. He is the father of the below named child. 2. Mother/Respondent is Michelle L. McNulty, an adult individual who resides at 268 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. She resides there alone. She is the mother of the below named child. 3. Petitioner and Respondent have one child together who is the subject of this Petition. The child is Mallory McNulty, born February 26, 2006. 4. The child has recently started kindergarten at the Kindergarten Academy at Filbert. 5. The parties share custody pursuant to an Order dated October 25, 2007, a copy of which is attached as Exhibit "A." Order: 6. Petitioner wishes to make the following modifications to the most recent custody A. Adjust Mother's weekend visitation to start Fridays at 4:00 p.m. and run through Sundays at 4:00 p.m. This is due to the child's recent enrollment in kindergarten and wanting to make sure she is able to get ready for the school week. B. Remove mid-week visitation. WHEREFORE, Father/Petitioner prays Your Honorable Court to grant the requested custody modification. MARTSON LAW OFFICES By: Date: Hubert X. G' `- quire I.D. No. 299 Katie J. Maxwell, Esquire I.D. No. 206018 Ten East High Street Carlisle, PA 17013 G (717) 243-3341 / ~ ~ ~ ~ Attorneys for Defendant EXHIBIT "A" t OCT 2 42001 °) MICHELLE L. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-5447 CIVIL ACTION -LAW ~/ PATRICK B. McNULTY, Defendant : IN CUSTODY PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2007-5467 CIVIL ACTION -LAW MICHELLE L. McNULTY, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is h ed in Court Room N . ~ , of the Cumberland County Court House, on the ~~~ day of ~ , 200, at~ o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Mother, Michelle L. McNulty and the Father, Patrick B. McNulty, shall have shared legal custody of Mallory McNulty, born February 26, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 regazd to the minor child. Each pazent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as pazents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cazds. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regazd to school pictures, extracurriculaz activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the child. 5. Mother shall have periods of partial physical custody as follows: A. Three weekends out of four, from Friday at 4:00 p.m. to Monday at 4:00 p.m. B. When Mother is scheduled to have the child on the weekend, she shall have physical custody of the child on the preceding Wednesday from 4:00 p.m. to 8:00 p.m. C. When Mother does not have physical custody on the weekend, she shall have physical custody of the child on the preceding Tuesday and Thursday from 4:00 p.m. to 8:00 p.m. D. During Mother's periods of overnight physical custody, maternal grandmother shall sleep over at Mother's home. E. Mother's weekends shall begin November 2, 2007 and she shall have the following weekend thereafter. Father shall have the following weekend and then Mother shall have the next four weekends, then the regular 3 weekends for Mother and one for Father shall begin. 6. Thanksgiving shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from 3:00 p.m. to 9:00 p.m. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in 2007 and Mother shall have Block B in 2007. 8. The parties shall cooperate with family counseling. 9. Father shall be responsible for all transportation. 10. Neither party may smoke in the presence of the child. 11. Neither party shall do anything, nor permit a third party from doing anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the &ee and natural development of the child's love or affection for the other party. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator for another Conciliation Conference prior to the hearing date. BY THE COURT, J. cc:~egory S. Hazlett, Esquire, counsel for Mother 11//yr(izabeth B. Stone, Esquire, counsel for Father A ,. 3~ -0 -~~ /\,LI ~f l~ ~i p -~ :Z bad 6Z 1~0 L~OZ }~1~ Q a~~ VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~. Patrick B. McNulty CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Megan Riesmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 MARTSON LAW OFFICES sy: ~~ ~ ` M ry .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: I / 1 ~ 9 FIt.~U-t~~ `rte 4F 7Hc ~~~?`?-?~"~,~JTAcF?Y 2009 S~ P -9 Phi f t~ n -~o.oc ~~L_ AJ~y I eta ~~sss ~a 3o3'ZY PATRICK B. MCNULTY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-5467 CIVIL ACTION LAW MICHELLE L. MCNULTY 1N CUSTODY DF,F ENDANT ORDER OF COURT AND NOW, _ Friday, September 11, 2009 ,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 Coanty Courthouse, Carlisle on Tuesday, October 06, 2009 at 10:30 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. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~E.'r-=. ~~:~uF 2~~9 SAP ~ ~ ~~; gyp: (~ i1 ~ 2 Q l~ og - ~£~. l:c~ freq. cC€cL.'~ ~`~- ~/. C•~E ~~ tt f~' ~7 ~ ~ .~ ;. ocr o ~ 2oos~ MICHELLE L. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. : N0.2007-5447 CIVIL ACTION -LAW PATRICK B. McNULTY, Defendant : IN CUSTODY PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. : N0.2007-5467 CIVIL ACTION -LAW MICHELLE L. McNULTY, Defendant : IN CUSTODY ORDER OF COURT AND NOW this ~ da of 2009 a on y ~ P consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 25, 2007 shall remain in full force and effect with the following modifications. 2. During the school year, Mother shall have the following periods of partial physical custody: A. Three out of four weekends from Friday at 3:00 p.m. to Sunday at 7:00 p.m., except when Mother's weekend coincides with a Monday school holiday, in which case Mother shall have physical custody of the child until Monday at 7:00 p.m. B. Every Wednesday from 3:00 p.m. to 7:00 p.m. 3. During the summer, the parties shall have shared physical custody on a week on/week off basis with the exchange day and time being Sundays at 7:00 p.m. Mother shall have the first week after school recesses for the summer. Father shall have the last full week before school begins. 4. Holidays shall be alternated: 1 A. Thanksgiving shall be from Wednesday at 7:00 p.m. to Thursday at 7:00 p.m. Father shall always have odd numbered years and Mother shall always have even numbered years. B. Christmas shall include the first day after school recesses to the day before school resumes. The Christmas holiday shall be equally divided between the parties with Mother having the first half in odd numbered years and the second half in even numbered years. Father shall have the first half in even numbered years and the second half in odd numbered years. C. Easter shall be from Saturday at 7:00 p.m. to Sunday at 7:00 p.m. Father shall always have even numbered years and Mother shall always have odd numbered years. 5. The non-custodial parent shall have reasonable telephone contact with the child. 6. 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. BY ~fIE COURT Edward E. Guido, J. ce`Katie J. Maxwell, Esquire, Counsel for Father ~ystal McIntyre, certified legal intern, Counsel for Mother Megan Riesmeyer, Esquire, Family Law Clinic ~o~~~~~ 2DDgQCT -9 ~~i ~~ 4~ MICHELLE L. McNULTY, Plaintiff V. PATRICK B. McNULTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-5447 CIVIL ACTION -LAW IN CUSTODY PATRICK B. McNULTY, Plaintiff V. MICHELLE L. McNULTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-5467 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Mallory McNulty February 2, 2004 Father 2. A Conciliation Conference was held in this matter on October 6, 2009, with the following in attendance: The Father, Patrick B. McNulty, with his counsel, Katie J. Maxwell, Esquire, and the Mother, Michelle L. McNulty, with her counsel, Krystal McIntyre, certified legal intern, and Megan Riesmeyer, Esquire, Family Law Clinic. 3. The Honorable Edward E. Guido entered an Order of Court dated October 25, 2007 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody three out of four weekends and evenings during the week. 4. The parties agreed to an Order in the form as attached. Date: /D ' to D ~ ~< ac line M. Verney, Esquire Custody Conciliator FTILEST ientsV12874 McNultyV12874 1 plaintiffaffidavit Revised I/24,I2 804AN1 r f ; Hubert X. Gilroy, Esquire Z fE - tt: fi t I.D. No. 29943 Katie J. Maxwell, Esquire ff?BCF`L,ti ^ r' I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PATRICK B. McNULTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5467 CIVIL ACTION - LAW MICHELLE L. McNULTY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi-om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date:_ 14Mi helle L. McNulty, De enda Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PATRICK B. McNULTY, Plaintiff V. MICHELLE L. McNULTY, Defendant f E tia. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5467 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 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 waiver 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: Z J Z 11w, -- Michelle L. McNulty, Defendant F:T[LESVClientsV128'4 McNultyV12874. 1. pra Revised- 1'; 12 10 _2ANI Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES ?, T rn 10 East High Street Carlisle PA 17013 (717) 243-3341 Attorneys for Plaintiff PATRICK B. McNULTY, IN THE COURT OF COMMON PLEAS OF" Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5467 CIVIL ACTION - LAW MICHELLE L. McNULTY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery on September 18, 2007. 3. (a) Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; September 24, 2011; by the Defendant; January 24, 2012. 4. Related claims pending: None. All claims are resolved. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 28, 2011. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 3, 2012. MARTSON LAW OFFICES By G?i? -'- ?,, dl:: ? L Katie J. axw 1, Esquire Ten East Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK B. McNULTY V. MICHELLE L. McNULTY No. 2007-5467 DIVORCE DECREE fvg?0-00" - AND NOW, it is ordered and decreed that PATRICK B. McNULTY plaintiff, and MICHELLE L. McNULTY defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Co Attest: J. DA .L?J p.?3UEt1,, Prothonot ).• to . 12. Ce(4 goh,ce a1vC/ copy G ecl (Of y 079 ? ?dt ,)(we//