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HomeMy WebLinkAbout07-7095HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24346050 ATTORNEY FOR PLAINTIFF JON-PAUL S. WRYE, Plalntlff V. REBEKAH J. WRYE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - ? AW : NO. 2007 - L09s CIVIL TERM : IN DIVORCE NOTICE 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 in 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 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 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, Pennsylvania 17013 717-249-3166 I JON-PAUL S. WRYE, Plalntlff v. REBEKAH J. WRYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - ?O q CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, JON-PAUL S. WRYE, by his attorney, Harold S. Irwin, III, Esquire, and presents the following complaint in divorce, representing as follows: 1. The plaintiff is JON-PAUL S. WRYE, an adult individual residing in Cumberland County amd with a mailing address of 950 Walnut Bottom Road, Suite 15 -168, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is REBEKAH J. W RYE, an adult individual residing at 3 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on January 7, 2000, in Frederick, Maryland. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. November 26, 2007 ?- JON-PAUL S. WRYE, laintiff HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 -n _ Q C' JON-PAUL S. WRYE, Plalntlf'f v. REBEKAH J. WRYE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. November 26, 2007 -PAUL S. WEYV-Plaintiff -Jak n `? v (? s, ?l i Ct_ 3 .I 1 . JON-PAUL S. WRYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - 2y gig CIVIL TERM REBEKAH J. WRYE, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, JON-PAUL S. WRYE, by his attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is JON-PAUL S. WRYE, an adult individual residing in Cumberland County amd with a mailing address of 950 Walnut Bottom Road, Suite 15 -168, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is REBEKAH J. WRYE, an adult individual residing at 3 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties were married on January 7, 2000, but separated on or about November 20, 2007. 4. The parties are the natural parents of three minor children, NIKOLAS S. WRYE, (born April 15, 2001), ETHAN I. WRYE (born February 13, 2003), and ALEXANDER R. WRYE (born November 1, 2005). 5. The children have resided with the defendant since the parties' separation and defendant continues to refuse plaintiff any visitation or partial custody. M 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interests and permanent welfare of the children require that the parties have joint legal custody of the children and that they share physical custody of the children on an equal basis. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the children as aforesaid. November 26, 2007--?"Oy`--? HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. November 26, 2007 N-PAUL S. WRY s_y _ -f7 '51Tl ?,} -< JOH-PAUL S. WRYE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V 2007-7095 CIVIL ACTION LAW REBEKAH J. WRYE IN CUSTODY DEFENDANT ORDER OF COURT November 30, 2007 , upon consideration of the attached Complaint, AND NOW, Friday, the conciliator, that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , - it is hereby directed tha Monday, January 07, 2008 _ at 11:30 AM at_ 4th Floor, Cumberland County Courthouse, Carlisle on for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or to define and narrow the issues to be heard by the court, and to enter into atemporary if this cannot be accomplished, order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. ects the arties to furnish any and all existing Protection from Abuse orders, The court hereby dir p ers and Custody orders to the conciliator 48 hours prior to scheduled hearing. Special Relief ord , FOR THE COURT, Mandan, ]r Fca By: lsI Tohn ] Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the with Americans reasonable accommodations , please contact our office. All arrangements Disabilites Act of 1990. For inaving formation business before o' re the accessible court, an reason scheduled available to disabled in di hours s prior to any hearing or business before the court. You must attend the must be made at least 7 conference or hearing. YOU SHOULD . IF TAKE THIS PAPER TO YOUR ATTORNEY AT ONE THE OOFFICE SET T H HTELEP ELP HAVE AN ATTORNEY OR CANNOT AFFORD ONNEOL O OR FORTH BELOW TO FIND OUT WHERE YOUCounty Bar Association Cumberland 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 o f ?`.3C ? ,? ,mow ?? ?' ? {yam P ? R w ?c "v3 HAROLD S. IMN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE FA 17013 (717) 2434090 ATTORNEY FOR PLAINTIFF JON-PAUL S. WRYE, Plalintlff V. REBEKAH J. WRYE, Dahndant I IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 7095 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920A (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on December 6, 2007, addressed to the defendant at 3 Nottingham Drive, Mechanicsburg, PA 17050, Certified Mail No. 7007 1490 0001 7951 4078. 3. A copy of the sender's and signed receipt are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. December 10, 2007 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 (Domestic Mail Only : No Insurance Coverage Providec 0 up Lr- Postage $ f? ra Certified Fee Return Receipt Fee ^ Postmark C3 (Endorsement Required) t Here O Restricted Delivery Fee C3 (Endorsement Required) Cr t =r ' Total Postage $ Fees $ r! a OR r l (`- Bern ro ?.: ..? - ----------- C3 tt or PO Box No.' -- --------------- .Complete items i, 2, and S. Also complete item 4, if Reatrleted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on , front If spacx? 1. Article Addressed to: REBEKAH J WRYE 3 NOTTINGHA-4 DR MECHANICSBU-?G PA 17050 2. Article Number (D n far tMM sew A. Signature X ' 0 Agent . , v ?lnl (l O Addreesel B. Received by (Printed Name) C. Date of Delivery e kak w wt -- RG D. Is delivery eddreee !Kok-11;m item O Yee if YES, enter Tc'" : -6200 3. O E pm mail ? Return Receipt for Merchandise 0 braised mail 0 C.O.D. t(°'7007 ,49!' !? '..: ;. 7"951 4078 EXHIBIT "A" t"? si c.? .?.? ? =? -?? .. ,_ .... ` -i ?. ,fit ?_? -?? ..? JON-PAUL S. WRYE, Plaintiff VS. REBEKAH J. WRYE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-7095 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE / IN CUSTODY PRAECIPE Please enter my appearance on behalf of the defendant, Rebekah J. Wrye, in the above captioned divorce and custody action. Respectfully submitted, JOHNSO <z-/3-d_? Tay "r . Alidrews, Esquire 7 st Pomfret Street Carlisle, PA 17013 (717) 243-0123 cc: Harold S. Irwin, Esquire Attorney for Plainitff "i? ,. ` A 15 Y ,A"` A7, !SAW 0 JON-PAUL S. WRYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7095 CIVIL ACTION LAW REBEKAH J. WRYE, IN CUSTODY Defendant Ct7 ORDER OF COURT AND NOW this V day of January, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Jon-Paul Wrye, and the Mother, Rebekah J. Wrye, shall have shared legal custody of Nikolas S. Wrye, born 4/15/2001, Ethan I. Wrye, born 2/13/2003 and Alexander R. Wrye, born 11/1/2005. The parties shall have an equal right 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 of 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. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing 1/11/08, Father shall have physical custody of the Children every other weekend from Friday 5:00 pm until Sunday 7:00 pm. b. Father shall have physical custody of the Children every Tuesday and Thursday from 5:00 pm until 7:30 pm, or at such other times as agreed. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. The Mother and Father shall meet at a neutral location as agreed upon for the custody exchanges. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays and Birthdays: The parents shall determine Holidays and Birthdays as mutually agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. U ? y LNr 80 :Z 1JJ 01 NV0 2001 ?z!`flU v' '' ? NHL =10 7. In the event of a medical emergency, the custodial parry shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Relocation: The parties are litigating this custody action based upon the parties' residences in Cumberland County, Pennsylvania. If either party intends to establish residency outside of Cumberland County, Pennsylvania, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 10. This Order is entered pursuant to 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. 11. A status update conciliation conference is hereby scheduled for March 10, 2008 at 9:00 am at the Cumberland County Court of Common Pleas, Carlisle, PA 17013. Distribution: Harold Irwin, III, Esquire Taylor Andrews, Esquire John J. Mangan, Esquire 1ex 1.72 ?2 1 LL ac?f By the Court, JON-PAUL S. WRYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7095 CIVIL ACTION LAW REBEKAH J. WRYE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Nikolas S. Wrye 4/15/2001 Mother Ethan I. Wrye 2/13/2003 Alexander R. Wrye 11/1/2005 Mother Mother 2. A Conciliation Conference was held with regard to this matter on January 7, 2008 with the following individuals in attendance: The Mother, Rebekah J. Wrye, with her counsel Taylor P. Andrews, Esq. The Father, Jon-Paul S. Wrye, with his counsel, Harold S. Irwin, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. an, Esquire Cust y C nciliator JON-PAUL S. WRYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7095 CIVIL ACTION LAW REBEKAH J. WRYE, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this T? day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Order of Court dated January 9, 2008 is hereby VACATED. 2. Legal Custody: The Father, Jon-Paul Wrye, and the Mother, Rebekah J. Wrye, shall have shared legal custody of Nikolas S. Wrye, born 4/15/2001, Ethan I. Wrye, born 2/13/2003 and Alexander R. Wrye, born 11/1/2005. The parties shall have an equal right 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 of 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. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing 3/21/08, Father shall have physical custody of the Children every other weekend from Friday 5:00 pm until Monday morning whereby Father shall drop the Children off either at Mother's residence or take the Children to their respective schools as mutually agreed upon. b. Father shall have physical custody of the Children every Tuesday and Thursday from 5:00 pm until 8:00 pm, or at such other times as agreed. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. The Mother and Father shall meet at locations as agreed upon for the custody exchanges. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. Each parent shall provide the other parent with an operable telephone number at which the parent can communicate with the Children. 6. Holidays and Birthdays: The parents shall determine Holidays and Birthdays as mutually agreed upon. S 1 :S v z 1 avw 0002 AWiMpHiCw d 3141 d0 M 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation: The parties are litigating this custody action based upon the parties' residences in Cumberland County, Pennsylvania. If either party intends to establish residency outside of Cumberland County, Pennsylvania, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 11. This Order is entered pursuant to 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. ,Distribution: Harold Irwin, III, Esquire Ct ks M ,?l t LCL -Taylor Andrews, Esquire f Sohn J. Mangan, Esquire By the Court, JON-PAUL S. WRYE, Plaintiff V. REBEKAH J. WRYE, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7095 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Nikolas S. Wrye 4/15/2001 Mother Ethan I. Wrye 2/13/2003 Alexander R. Wrye 11/1/2005 Mother Mother 2. A Conciliation Conference was held with regard to this matter on January 7, 2008 and an Order of Court was entered January 9, 2008. An updated Conciliation Conference was held on March 10, 2008 with the following individuals in attendance: The Mother, Rebekah J. Wrye, with her counsel Taylor P. Andrews, Esq. The Father, Jon-Paul S. Wrye, with his counsel, Harold S. Irwin, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 7//v Date John gan, Esq ' e Cus d Conciliato JON-PAUL S. WRYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • I V. : CIVIL ACTION - LAW : NO. 2007 - 7095 CIVIL TERM REBEKAH J. WRYE, Defendant : IN CUSTODY STIPULATION AND AGREEMEN THIS STIPULATION AND AGREEMENT entered into this /CeLday of , 2008 by and between JON-PAUL S. WRYE (hereinafter referred to as "Father") and REBEKAH J. WRYE (hereinafter referred to as "Mother". NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of three children, namely, Nikolas S. Wrye (born April 15, 2001), Ethan A. Wrye (born February 13, 2003) and Alexander R. Wrye (born November 1, 2005); and WHEREAS, the parties are currently subject to an Order of Court dated March 11, 2008, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A"; and WHEREAS, Mother has moved to Virginia thereby requiring a modification to the existing custody arrangement being followed by the parties; and, WHEREAS, the parties wish to enter into an agreement relative to such modification. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Mother and Father shall have shared legal custody of the children. 2. The Mother shall have primary physical custody of the children. 3. The Father shall have partial physical custody of the children every other weekend from 7:00 p.m. on Friday until 7:00 p.m. on Sunday, or such other exchange times as may be agreed upon to account for driving time and the children's bedtime. 4. The Father shall have partial custody of the children for a three week period in the summer, provided he gives notice to the Mother by May 1 st each year of the dates for these weeks. In addition, on odd years he shall have the children from 7:00 p.m. on the evening before Thanksgiving until 7:00 p.m. on the Monday after Thanksgiving and on even years he shall have the children from December 24th at 7:00 p.m. until December 31St at Noon. Mother shall retain custody of the children from December 24th through December 26th in odd numbered years even if such dates shall fall on a weekend that is scheduled for weekend custody by Father. Father shall also have custody and at such other times as the parties may mutually agrjee. 5. Father shall always have the children on Father's Day and Mother will always have the children on Mother's Day. IF these days fall on the other parent's weekend, the weekend shall be cut short to Saturday night, or, the parties may, by mutual agreement switch weekends for visitation. I 6. The parties agree that they will establish a meeting point for pick-up and drop-off of the children that is as close to a mid-point from their respective residences as Is reasonably possible. If the parties ever maintain residences that are not within reasonable driving distance, then they agree that all transportation costs for the children for the father's exercise of physical custody shall be shared equally. 7. The parties shall have reasonable telephone contact with the children while the children are in the other-parent's custody. 8. The parties agrees to keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. 9. The parties shall do nothing that may estrange the children from each other or hinder the natural development of the children's love or affection for the other party,. Both parties agree that the children will not be taken out of the United States without the express written consent of the other party. 10. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 11. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 12. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITN SSETH: 1 -y (SEAL) 16N-PAUL S. W (SEAL) EBEKAH J. WRYE COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND . On this, the day of January, 2009, before, the undersigned officer, appeared Jon-Paul S. Wrye, known to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OOIVIlNONWFALjiMVr PENNSYI.VANIA NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County M commission g 'res Ftiary 06, 2011 COMMONWEALTH OF VIRGINIA (SEAL) Notary Public :SS: 1/ COUNTY OF 4akL I 0 On this, the day of . , 2009, b fore, the undersigned office r, appeared Rebekah J. __4 Wrye, known to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ROSIN SCHOOLER NOfary PubSC CpmmonwoWh of VirglNa 512779 Commlawlon Expiry Feb 28. 200f (SEAL) Notary Public to- JON-PAUL S. WRYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 2007-7095 CIVIL TERM CIVIL ACTION - LAW REBEKAH J. WRYE, Defendant : IN DIVORCE / IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 27, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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: 03- Cpl - Q8 ej .)OA J U' 'w REBEKAH J. WRYE, Def dant a -i Sft. -T a , r w Fiq JON-PAUL S. WRYE, Plaintiff vs. REBEKAH J. WRYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-7095 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE / IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: CD -01 _10'Z REBEKAH J. WRYE, Defend t C? "a r co i? r ? r f ?? ,. ? . -may ? w • . HAROLD & IRWIN,111, ESQ. ATTORNEY ID NO. 29020 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR PLAINTIFF y ` Y t FEB " 3 20086 JON-PAUL S. WRYE, Plaintiff V. REBEKAH J. WRYE, Defendant :1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 7095 CIVIL TERM : IN CUSTODY ORDER OF COURT NOW, this -- ay of 200.3 upon consideration of the attached stipulation and agreement of the parties, and on motion of Harold S. Irwin, 111, Esquire, attorney for plaintiff, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, By: A no stj JON-PAUL S. WRYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - 7095 CIVIL TERM REBEKAH J. WRYE, Dahndant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about November 27, 2007. Service of the complaint was made upon defendant on December 6, 2007, as indicated on the affidavit of service filed on December 10, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. V'f V z ?/ JOHN-PAUL S. WRY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. vx ; ?//"/no ? HN-PAUL S. WRY *.,? ? ?? t tv -ra r~, ?' ??' r?_, ;?` "`? L?;;) «:_ :fit •- A. HAROLD 3. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 30UTH PITT STREET CARL13LE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF JON-PAUL S. WRYE, Plaintiff V. REBEKAH J. WRYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 7095 CIVIL TERM 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: Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about December 6, 2007, defendant was served with a copy of the divorce complaint via certified mail, "restricted delivery", addressed to the defendant. (See Affidavit of Service previously filed.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: February 12, 2009 By the defendant: March 2, 2009 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: February 12, 2009 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 2, 2009 March 13, 2009 HAROLD S. IRWIN, Attorney for Plaint! C? =- C C=:) f , 7 JON-PAUL S. WRYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REBEKAH J. WRYE, Defendant NO. 07-7095 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of March, 2009, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Defendant's affidavit of consent is dated February 1, 2008, but was filed February 12, 2009, beyond the 30-day period provided for in Pennsylvania Rule of Civil Procedure 1920.42(b)(2), and it appearing further that Defendant's waiver of notice is also dated February 1, 2008, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and submit a new praecipe to transmit. BY THE COURT, Wesley O er, Jr., /Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff ? Taylor P. Andrews, Esq. 78 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Ce?,ie.c rnwLC IT :Z Od EZ NV 60OZ JON-PAUL S. WRYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 2007-7095 CIVIL TERM CIVIL ACTION - LAW REBEKAH J. WRYE, Defendant : IN DIVORCE / IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 27, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 unworn falsification to authorities. Date: ()u - OS ' bq Q Aa Dec C' `& 1A. Z REBEKAH J. WRY, Defers t HLJED-CFTM? 2003 APR 13 PM 3' 14 PENNSY04'yi` IA JON-PAUL S. WRYE, Plaintiff VS. REBEKAH J. WRYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2007-7095 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE / IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: (),LA - bq:;, - lY REBEKAH J. WR , Defen t RLED-OFICE OF 7H5 PPOWI OTARY 2M APR 13 PM 3: 13 CLUBLi-1, PENNSYLVANIA HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF JON-PAUL S. WRYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - 7095 CIVIL TERM REBEKAH J. WRYE, : 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: On or about December 6, 2007, defendant was served with a copy of the divorce complaint via certified mail, "restricted delivery', addressed to the defendant. (See Affidavit of Service previously filed.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff. February 12, 2009 By the defendant: April 3, 2009 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: February 12, 2009 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 3, 2009 April 13, 2009 HAROLD S. IRWIN, III Attorney for Plaintiff FILED-OFFICE 0F THE PPC" HION0TARY 2009 APR 14 PH 4: 19 CUNA, PE-NINNSYLVANIA JON-PAUL S. WRYE V. REBEKAH J. WRYE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 7095 CIVIL TERM DIVORCE DECREE AND NOW, Z b 0 61 , it is ordered and decreed that JON-PAUL S. WRYE , plaintiff, and REBEKAH J. WRYE , 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 Court, 0 J. Prothonotary 09 w '1