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HomeMy WebLinkAbout08-0648IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JEREMY B. LATHROP, PLAINTIFF, Civil Action---Divorce Docket No. 02 -100 V. NICOLE N. LATHROP, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JEREMY B. LATHROP, PLAINTIFF, Civil Action---Divorce Docket No. V. NICOLE N. LATHROP, DEFENDANT, AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse,1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Mechanicsburg, Pennsylvania 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JEREMY B. LATHROP, PLAINTIFF, Civil Action---Divorce Docket No. D 8.4 9,F 0-,u,- l --r.. . V. NICOLE N. LATHROP, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Jeremy B. Lathrop, an adult individual, sui juris, who currently resides 126 Herman Avenue, 17043, Lemoyne, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Nicole N. Lathrop, an adult individual, sui juris, who currently resides 126 Herman Avenue, 17043, Lemoyne, in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the June 21 st day of 1997, in the County of Cumberland, Commonwealth of Pennsylvania. 5. The Plaintiff is not in the military service of the United States within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this or any other State or Commonwealth. COUNTI GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE . DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since January 18t', 2008.. 8. The marriage is irretrievably broken. 9. 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. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do have three biological children two of which were born within the marriage and one outside thereof. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. REQUEST FOR FAULT GROUND DIVORCE UNDER SECTION 3301(a)(2) A PI Ti .TF.R V 14. The plaintiff alleges and avers that the defendant has engaged in adultery with another individual and has commenced such conduct while still married to the plaintiff, husband. COUNTI PETITION FOR EQUITABLE DIVISION DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 15.The averments of paragraphs 1 through 14 are incorporated herein by direct reference thereto as if set forth verbatim. 16. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code. 17. Such marital property includes both real and personal property as well as other intangible property thought to exist, including but not limited to pensions, retirement plans. 18 Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Atto ey for Plaintiff est Main Street Mechanicsburg, Pennsylvania 17055 Phone: (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint 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. . Je/emy B. Lathrop, P`faintiff Date: 1- 2 3- 2de L ? W ? 0 0a0 V, 00 ..6f- t ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JEREMY B. LATHROP, Plaintiff, V. NICOLE N. LATHROP Defendant No. 08-648 Civil Action - Divorce I, Nicole N. Lathrop, accept service of the Amended Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling as Defendant in the above captioned matter. I acknowledge that I am the Defendant in said matter and I am authorized to accept as the Defendant. ?1 1 OF 111 1r? 'rh a ,??.?, Date Nicole N. Lathrop, Defendant 126 Htym&h be, LiN?OyhL. PA 1)OY3 Mail Address cc?; ,?, . ? ?, 4+r .. ? ?.,FM '„?.?5 4?Y ?. -.. ? i.. ' Y? ?x ?(4 ? • 4?y .? i / Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JEREMY B. LATHROP, Plaintiff V. NICOLE N. LATHROP, Defendant NO. 08-648 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: AND NOW, this da of July, 2008, kindly withdraw the appearance of GREGORY S. HAZLETT, Esquire, on behalf of the Plaintiff. AND NOW, this day of July, 2008, enter the appearance of MELISSA PEEL GREEVY, Esquire on behalf of Plaintiff in the above captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER By: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Melissa Peel Greevy, Esq Attorney I.D. No. 77950 :338831 ? ? r '"?? , G l ? ? ? ? ' ?: ? k ' (^' j ? a ;-) .?_ ? r^y ??°} " ' `?' ? t s " `°? " N ! Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 NICOLE M. LATHROP, Plaintiff/Respondent V. JEREMY B. LATHROP, Defendant/Petitioner Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-648 CIVIL ACTION - LAW IN DIVORCE PETITION TO RAISE PLAINTIFF'S CLAIM FOR CUSTODY PURSUANT TO Pa. R.C.P. 1920.15(b) AND NOW, the Defendant, Jeremy B. Lathrop, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, files this Petition to Raise Plaintiff's Claim for Custody pursuant to Pa. R.C.P. 1920.15(b) and in support of his Petition avers as follows: COUNTI Custody 1. Petitioner is the Defendant above. Defendant incorporates herein by reference, the allegations set forth in Paragraphs 1 through 18 inclusive, of the Complaint as if the same were set forth herein at length. 2. Petitioner/Father seeks custody of the parties' (3) minor children, Tiara M. Lathrop, born September 4, 1995; Haley M Lathrop, born October 2, 1998; and Zachary B. Lathrop, born September 5, 2000. 3. The children have resided with Petitioner/Father and Respondent/Mother in a nesting situation wherein the parties equally shared physical custody of the children since January 2008. 4. Haley Lathrop and Zachary Lathrop were born in wedlock. Tiara was born prior to the marriage. 5. The Mother of the children is Nicole M. Lathrop. She is married to the Defendant. 6. The Father of the children is Jeremy B. Lathrop. He is married to the Plaintiff. 7. The children have resided with both parents at 126 Herman Avenue, Lemoyne, PA for the last five (5) years. Subsequent to Father learning of Mother's affair in January of 2008, the parties began to equally share parenting responsibilities on an alternating week basis ,with one night, typically either Wednesday or Thursday, with the non custodial parent during the custodial parent's week. 8. Plaintiff/Respondent rented a 2 bedroom apartment at the 400 block of Hummel Avenue, in Lemoyne, Pennsylvania and removed much of the children's clothing and bedroom furniture from the marital residence on or about November 2, 2008. 9. The Defendant/Petitioner has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of these children in this or another Court. 10. Defendant/Petitioner has no information of a custody proceeding concerning the children pending in a Court in this Commonwealth or any other state. 11. Defendant/Petitioner 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. 12. Defendant/Petitioner has attempted to resolve this matter by Stipulation. 13. Each parent whose parental rights to the children have not been terminated, and the person who have physical custody of the children has been named as party to this action. 14. The best interest and permanent welfare of the children will be served by granting the Relief requested because: A. The Defendant/Petitioner has been at least an equally involved caregiver as has Mother. B. Petitioner is willing to provide frequent and continuing contact for the children with their Mother. C. The children would benefit from some stability and reduced confusion with regard to their schedule. D. Petitioner is concerned that Respondent demonstrates insensitivity to the children's needs by having them be in regular contact with the man with whom her involvement led to the break up of the family. WHEREFORE, the Defendant/Petitioner requests the Court grant the Defendant/Petitioner an Order of shared legal custody and primary physical custody of the minor children. JOHN,$ON, DUJFIE, STFWART & WEIDNER Melissa Peel Greevy, Esquire I I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 :343561 VERIFICATION I, JEREMY B. LATHROP, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 1 Q Jr MY IS. L ROP CERTIFIC TE OF SERVICE AND NOW, this LLY of A le-?A ) , 2008 the undersigned does hereby certify that she did this date serve a copy of her Petition To Raise Plaintiffs Claims for Custody Pursuant To Pa. R.C.P. 1920.15(b) upon Defendant's counsel by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kelly McNaney Dick, Esquire McNaney Law Office 204 N. George Street, Suite 200 York, PA 17401 JOHN SON, DUFFIj=-, STEWART & WEIDNER Melissa Peel Greevy 6 k 4 • 1 j f l p^V ? 0 NICOLE M. LATHROP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-648 CIVIL ACTION LAW JEREMY B. LATHROP IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 06, 2005 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 18, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Giko Esq., Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business 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 ,p? JW /Z Rrv"' 4r,o? IV-kww AV :V -l,,., L i :7 d 9- AON SGOZ n-jHi =0 F:\FILES\Clients0onegal3050\Current\501\3050.501.ansI wpd\nias Created: 9/20/04 0:06PM Revised: 12/2/08 2:50PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TRACEY WOOD AND BARRY WOOD, Plaintiffs, V. HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-684 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO AMENDED COMPLAINT TO: TRACEY WOOD AND BARRY WOOD, Plaintiffs, and their attorney, ANGELA MAIONE COSTIGAN, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendant Hertz-A-Crete Construction and Sawkore, Inc., by and through its counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files this Answer to Amended Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). 9. Denied pursuant to Pa. R.C.P. 1029(e). 10. Denied pursuant to Pa. R.C.P. 1029(e). 11. Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 12. Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 13. Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. COUNTI 14. Defendant hereby incorporates its answers contained in Paragraphs 1 through 13 by reference as though set forth at length. 15 (a-h). Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 16. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of civil Procedure. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiffs. COUNT II 17. Defendant hereby incorporates its answers contained in Paragraphs 1 through 16 by reference as thought set forth at length. 18. Admitted. 19. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 20. Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 21. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiffs. NEW MATTER 22. The answers to paragraphs 1 through 21 of this Answer are incorporated herein by reference as though fully set forth. 23. In August 2007, the only damage Plaintiffs suffered as a result of the rain storm was wet carpet in their finished basement. r 24. Plaintiffs' carpet was repaired at no cost to them. 25. Plaintiffs' residence is located in a geographic area where flooding is common. 26. Any flooding which occurred in February 2008, as alleged in Plaintiffs' Amended Complaint, was not caused in any way by the actions or inactions of Defendant. 27. Plaintiffs have failed to mitigate their damages. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiffs. Dated: I Z/ L /,) 7 MARTSON LAW OFFICES By: George B. Faller, JrU Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIFICATION I, Brad Ellenbdrger , an employee of Hertz-a-Crete Construction & Sawkore, Inc., hereby verify that I am authorized to sign this Verification and have reviewed the foregoing document and to the extent that the foregoing document contains facts supplied by or known to me, they are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Hertz-a-Crete Construction & Sawkore, Inc. Date: CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer to Amended Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Angela Maione Costigan, Esquire COSTIGAN & COSTIGAN, LLC 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 MARTSON LAW OFFICES By: A *Tensit Price High Street Carlisle, PA 17013 (717) 243-3341 Dated: /?? ?? .,., ._. ,: 1 ;'u ? 1 ti. JEREMY B. LATHROP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-648 NICOLE N. LATHROP, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Courtney Kishel Powell, Esquire, on behalf of the Defendant, Nicole N. Lathrop, in the above-captioned action. JAMES, SMITH, DIETTERICK & CONNELLY, LLP 1 I Dated: t By: Courtney Kishel P e 1 Attorney I.D. #815493 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 rvj?7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JEREMY B. LATHROP, Plaintiff. V. NICOLE N. LATHROP, Defendant. : No. 08-648 - CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw the appearance of Kelly M. Dick, Esquire, on behalf of the Defendant, Nicole N. Lathrop, in the above-captioned matter. Respectfully submitted, f BY: Kelly M. Dic , Esquire Attorney I.D. No. 93167 204 North George Street, Ste. 200 York, Pennsylvania 17401 (717) 848-5522 Dated: 1 D d C:rN F ` DEC 2 4 2008 NICOLE M. LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JEREMY B. LATHROP, NO. 2008-648 Defendant IN CUSTODY COURT ORDER AND NOW, this day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the oZ4 day of , 2009, at : 0 C--. m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further of this Court, the following TEMPORARY Order is issued: A. The mother, Nicole M. Lathrop, and the father, Jeremy B. Lathrop, shall enjoy shared legal custody of Tiara M. Lathrop, born September 4, 1995, Haley M. Lathrop, born October 2, 1998, and Zachary B. Lathrop, born September 5, 2000. B. Physical custody of the minor children shall be shared between the parties with the parties alternating on a week-on/week-off schedule. Unless agreed otherwise by the parties, exchange of custody shall be every Sunday evening at 6:00 p.m. C. Consistent with the existing schedule, the non-custodial parent shall also have custody of the minor children on Wednesday of each week through Thursday morning consistent with the arrangements the parties have been 2008 DEC 30 F h 12: ? I . working out over the past few months. However, the parties may modify this day and change the Wednesday for a Tuesday or Thursday or other day as the parties may agree. 3. For Christmas 2008, the parties shall share Christmas on a two-segment schedule. Segment A shall be from Christmas Eve at noon until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. For 2008, Father's segment shall be B and Mother's segment shall be A with the parties alternating thereafter. The parties may modify the Christmas holiday as they may agree. 4. It is understood that the Father will be away the last week of December 2008 during his week of time with the children and this will result in Mother missing her Wednesday evening overnight. The Father shall make that overnight up to the Mother pursuant to an agreement reached by the parties. 5. Legal counsel for the parties are directed to continue to negotiate in the hopes that a resolution could be reached on a permanent Order prior to the hearing. In the event either party feels another custody conciliation would be beneficial, legal counsel for the parties may contact the custody Conciliator directly to schedule such a conciliation which may be a telephone conference depending upon the preference of the attorneys. 6. In the event either party desires to have a custody evaluation done and that party is prepared to pay the cost of the evaluation, the other party is directed to cooperate and participate in the evaluation subject, however, to the understanding that it will be an independent evaluation and the evaluator shall share the results of the evaluation with legal counsel for both parties. BY THE COURT, cc: V/<c . a Peel Greevy, Esquire ourtney Kishel Powell, Esquire i y? Kevin ess, Judge -4p NICOLE M. LATHROP, Plaintiff VS. JEREMY B. LATHROP, Defendant Prior Judge: The Honorable Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-648 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Tiara M. Lathrop, born September 4, 1995 Haley M. Lathrop, born October 2, 1998 Zachary B. Lathrop, born September 5, 2000 2. A Conciliation Conference was held on December 19, 2008, with the following individuals in attendance: The mother, Nicole M. Lathrop, who appeared with her counsel, Courtney Kishel Powell, Esquire, and the father, Jeremy B. Lathrop, with his counsel, Melissa Peel Greevy, Esquire. 3. The parties have essentially been separated since January of this year, but the Mother recently permanently vacated the marital home. The parties have been working on a week-on/week-off arrangement. Father is seeking primary custody, but Mother suggests she may be willing to live with the current arrangement. 4. The parties discussed options with respect to Christmas and other items with the Conciliator. However, a consensus could not be reached at that point. Accordingly, the Conciliator recommends an Order in the form as attached which is consistent with the status quo. Date: December 2008 Z?X- 0? Hubert X. Gil y, Esquire Custody Conciliator JEREMY B. LATHROP, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-648 NICOLE N. LATHROP, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 30, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(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 above 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 unworn falsification to authorities. Date: 61111 b !21" 24 Nicole M Lathrop, Defendant r ?\.1 2009 jUN 23 Ph 2.06 CU l;'r Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JEREMY B. LATHROP, Plaintiff, V. NICOLE N. LATHROP, Defendant. AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 30, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OFF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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 above 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: 19--1 g--? JER T R :369498 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-648 CIVIL TERM CIVIL ACTION - LAW PLED "4 t" r ?? 25gg jl?,I.q 23 Fri 2* Cut PC. J Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JEREMY B. LATHROP, Plaintiff V. NICOLE M. LATHROP, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-648 CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: February 7, 2008 via hand delivery. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: A-114- 1 R , 2009, by Defendant -,.? / ' , 2009. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. JOHNSO , DUF IE, STEWART & WEIDNER Date: ?GC?IQi? Z04 `B . Melissa Peel Greevy :369511 FILE-D t`,1: OF THE _ . t ,.,"O TARY 2909 JUIN 23 PH 2: 06 TY C' Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JEREMY B. LATHROP, Plaintiff, v. NICOLE N. LATHROP, Defendant. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-648 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW COUNT TO THE PROTHONOTARY: Please withdraw Plaintiff's Count for Equitable Distribution in the above captioned matter which was filed on January 30, 2008. JOHNSON, DUFFIE, STEWART & WEIDNER Date: .) W".d 2 2, 200' By: L--- l Melissa P el Greevy, Esquire I. D. 77950 Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 CERTIFICATE OF SERVICE AND NOW, this 22"d day of June 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Courtney Kishel Powell James, Smith Dieterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 JOHNSON, DUFFIE, STEWART & WEIDNER By: L,444,&-4Ut'j -'A?? Cassandra T. R enbaum :369669 FED i 2PH9 " U i t 23 1 2' 0.' .r JEREMY B. LATHROP V. NICOLE N. LATHROP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-648 CIVIL TERM DIVORCE DECREE Y ' ?f 4 AND NOW, it is ordered and decreed that JEREMY B. LATHROP plaintiff, and NICOLE N. LATHROP bonds of matrimony. defendant, are divorced from the 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. Attest: J. Prothonotary ?• ?- • ?r tic s???? G ?'?? ??G?? .. •?. _?, .. ` a `: s? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r 6+?1- "r i A& Plaintiff FILE NO. 20_ VS. IN DIVORCE -a 0:1 -T1 T- mril F-n Defendant -" rn NOTICE TO RESUME PRIOR SURNAME :A Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the day of o „ t hereby elects to resume the prior surname of and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: ?- Signature T Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA . : SS. COUNTY OF CUMBERLAND On the _ day of _, 20before me, a Notary Public, personally appeared the above a fiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. WN°'a; Min lO+. AIf.00 Pow A-044 P*aq'M9 Jeremy Lathrop : Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW Nicole Nichols : IN CUSTODY Cz Defendant .°} w' zz NO. 08-648 CIVIL TERM a " PRAECIPE TO PROCEED IN FORMA PAUPERIS D To the Prothonotary: :`=5 Kindly allow Jeremy a L. throe, Plaintiff, to proceed in forma pauperis. The Community 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. Res p tfully submitted, Date a 1 ©� ZQ f 3 j� MC KEN CLA Certified Legal Intern MEGA ESMEYER Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 i Jeremy Lathrop, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYI XAI LIA V. : CIVIL ACTION - LAW rn VT IN CUSTODY Nicole Nichols, Defendant : NO. 08-648 CIVIL TERM r" = p� PETITION TO MODIFY CUSTODY ORDER 1. The petition of Mr. Jeremy Lathrop by his attorneys,the Community Law Clinic, respectfully represents that on December 30, 2008, an Order of Court was entered for custody of Tiara M. Lathrop,born September 4, 1995, Haley M. Lathrop, born October 2, 1998, and Zachary B. Lathrop,born September 5, 2000, hereinafter the Children. A true and correct copy of the Order is attached. Under the existing Order, Mr. Lathrop, hereinafter Father, and Ms.Nicole Nichols,hereinafter Mother have joint legal and physical custody of Children. The Order states that Physical custody of the Children is to be shared between the parties on an alternating week on/week off schedule. 2. This Order should be modified because: a. The order has not reflected the custody situation between the parties since December 2011. b. In December 2011, Mother moved to the state of Alabama. She lived there until June 2012. C. During Mother's time in Alabama, Father had primary custody of the Children. Mother had custody of the Children for a few weeks during the summer of 2012. d. In June 2012, Mother moved back to Pennsylvania, but the parties did not resume the previous custody schedule, instead, Father continued to have primary physical custody while the Mother had one or two visitations each week with the occasional overnight stay. e. In September 2012, the oldest child Tiara, desiring less discipline, moved in with the Mother, but the other two children remained in the Father's primary custody. This is the current status quo. f. The younger Children do not have adequate sleeping arrangements at Mother's residence. There are only four bedrooms for a household of seven. Of particular concern is the fact Zachary will have to share a bedroom with Ms.Nichols' new infant. g. Modifying the custody order to reflect the status quo will provide the Children with more stability than they will have if the parties resume the previous custody arrangement. 3. The Plaintiff has sought concurrence of Mother's counsel, Ms. Courtney Kishell Powell, but Ms. Powell has indicated that she is not representing the Mother in this matter. 4. This matter was previously before the Honorable Judge Hess. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody granting Father primary physical custody of Haley and Zachary and Mother primary physical custody of Tiara because it will be in the best interest of the Children. Date: A 12,1)13 r 4614� McKenzie Ak Certified Legal Intern MEG RIESMEY R ! ✓ Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 2 JefernylatYrop Plaintiff CERTIFICATE OF SERVICE I, McKenzie Clark, Certified Legal Intern, the Family Law Clinic,hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by U.S. Mail,this day of /�7' �, 2013: Nicole Nichols 236 Greenlane Dr. Camp Hill, PA 17011 McKenzie k Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 Jeremy Lathrop In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania No.08-648 Civil Term IN CUSTODY vs Nicole Nichols Defendant PRAECIPE Please attach this true and correct copy of the custody order between the above parties to the motion for custody modification filed on April 9,2013. M1 c - -Z) �'►co Zrn r-- CD _. CG _rte ?a C-1 x r 3 David D. Buell, Prothonotary 20 Attorney Info: n McKenzie Clark Clark Att y for Plaintiff Certified Legal Intern Community Law Clinic 371 West South Street Carlisle,PA 17013 DEC 2 4 2008 NICOLE M. LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION- LAW JEREMY B. LATHROP, NO. 2008-648 Defendant IN CUSTODY COURT ORDER AND NOW, this day of December,2008,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the 0210'0 day of q22AAe&,t ,2009,at 9; iJ6 Cj_.m. At this hearing,the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party,and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further of this Court,the following TEMPORARY Order is issued: A. The mother, Nicole M. Lathrop, and the father, Jeremy B. Lathrop, shall enjoy shared legal custody of Tiara M. Lathrop, born September 4, 1995, Haley M. Lathrop, born October 2, 1998, and Zachary B. Lathrop, born September 5,2000. B. Physical custody of the minor children shall be shared between the parties with the parties alternating on a week-on/week-off schedule. Unless agreed otherwise by the parties, exchange of custody shall be every Sunday evening at 6:00 p.m. C. Consistent with the existing schedule, the non-custodial parent shall also have custody of the minor children on Wednesday of each week through Thursday morning consistent with the arrangements the parties have been working out over the past few months. However, the parties may modify this day and change the Wednesday for a Tuesday or Thursday or other day as the parties may agree. 3. For Christmas 2008,the parties shall share Christmas on a two-segment schedule. Segment A shall be from Christmas Eve at noon until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. For 2008,Father's segment shall be B and Mother's segment shall be A with the parties alternating thereafter. The parties may modify the Christmas holiday as they may agree. 4. It is understood that the Father will be away the last week of December 2008 during his week of time with the children and this will result in Mother missing her Wednesday evening overnight. The Father shall make that overnight up to the Mother pursuant to an agreement reached by the parties. S. Legal counsel for the parties are directed to continue to negotiate in the hopes that a resolution could be reached on a permanent Order prior to the hearing. In the event either party feels another custody conciliation would be beneficial,legal counsel for the parties may contact the custody Conciliator directly to schedule such a conciliation which may be a telephone conference depending upon the preference of the attorneys. 6. In the event either party desires to have a custody evaluation done and that party is prepared to pay the cost of the evaluation,the other party is directed to cooperate and participate in the evaluation subject,however,to the understanding that it will be an independent evaluation and the evaluator shall share the results of the evaluation with legal counsel for both parties. BY THE COURT, Kevin ess, Judge cc: Y l e , a Peel Greevy, Esquire ourtney Kishel Powell,Esquire , y 30 OF THE P�ir"'Yl'!OTARY 2008 DEC 30 Fri 12: GUS, _ ;t TY JEREMY LATHROP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ra s VS. NO. 2008-648 CIVIL ACTION—LAW .off n rz7 01 =0 NICOLE NICHOLS, IN CUSTODY �;:o '`_, Defendant PRAECIPE FOR ENTRY OF APPEARANCE To David D. Buell, Prothonotary: Please enter my appearance on behalf of the Defendant,Nicole Nichols, in the above captioned case. Respectfully submitted, Jessic 1st, tsquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 3 t5' i JEREMY LATHROP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-648 CIVIL ACTION—LAW NICOLE NICHOLS, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Nicole Nichol.,s, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY'OF APPEARANCE by mailing it to: McKenzie Clark, Certified Legal Intern Community Law Clinic 371 West South Street Carlisle, PA 17013 Date: ess#ennoLegal lst, Esquire Mid Services 401 E. Louther Street Carlisle, PA 17013 I.. (717) 243-9400 T�. JEREMY LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V 2008-648 CIVIL ACTION -LAW rr,LM NICOLE NICHOLS, Z:m - sn Defendant IN CUSTODY 0 i-V > C'o CD Z: CD ci •C-_' 6 COURT ORDER AND NOW, this J/ day of May, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following TEMPORARY custody Order I The father, Jeremy Lathrop, and the mother,Nicole Nichols, shall enjoy shared legal custody of Haley M. Lathrop, born October 2, 1998, and Zachary B. Lathrop, September 5, 2000. 2. The parties shall share physical custody of the minor children on a week on/week off basis. Exchange of custody for the alternating week schedule shall be on Saturday at 4:00 p.m. unless agreed otherwise by the parties. 3. The parties will meet again for a second custody conciliation on Friday,August 9,2013., at 9:30 a.m. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, I Judge cc: Kenzie Clark, Student Attorney @ Community Law Clinic Jessica Holst, Esquire ll JEREMY LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v 2008-648 CIVIL ACTION - LAW NICOLE NICHOLS, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Haley M. Lathrop,born October 2, 1998 Zachary B. Lathrop, September 5,2000 2. A Conciliation Conference was held on May 24,2013,with the following individuals in attendance: The father,Jeremy Lathrop,with his student attorney,McKenzie Clark of the Community Law Clinic, and the mother, Nicole Nichols, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of the attached TEMPORARY custody Order. Date: May ') Y 0 ,2013 Hubert X. GiXy, Esquire Custody C(xiciliator JEREMY LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v 2008-648 CIVIL ACTION - LAW NICOLE NICHOLS, Defendant IN CUSTODY , ORDER AND NOW, this day of August, 2013, the Conciliator being advis " 'fie parties have reached an agreement, the Conciliation Conference scheduled for August 9�205, is' cancelled and the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Es uire Custody Conciliato