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HomeMy WebLinkAbout08-2405 AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - A406 Civil Term ACTION IN DIVORCE 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. n P- d `) nsr Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Amanda N. Carey, a competent adult individual, who has resided at 1 Sussex Drive, Carlisle, Cumberland County, Pennsylvania, since 2002. 2. Defendant is Clinton D. Carey, a competent adult individual, who resides at 131 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 20, 1998, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together, namely, Lucas D. Carey, born February 5, 1999. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify 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. Respectfully submitted, Date: 4?l ald 8 ;bane Adams, Esquire I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 3 'bF ! y ` Co r? R ?1u `? P izA 1? ` _ -+ T tN 7 ' P j 77 _ v a CC) AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant 1. Plaintiff is Amanda N. Carey, who currently resides at 1 Sussex Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Clinton D. Carey, whose current address is 131 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Lucas D. Carey 2/5/99 1 Sussex Drive Carlisle, Pa. 17013 Mechanicsburg, Pa. 17055. Mother and Father were married on June 20, 1998 and separated on February 23, 2008. The parties currently share physical custody of the child. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.? - a ?t DS Civil Term ACTION IN DIVORCE CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Amanda N. Carey Clinton D. Carey 1 Sussex Drive Carlisle, Pa. 17013 2002 - 2/23/08 Amanda N. Carey 1 Sussex Drive 2/23/08 - present Carlisle, Pa. 17013 The mother of the child is Amanda N. Carey. She currently resides at 1 Sussex Drive, Carlisle, Pa., 17013. She is married to Clinton D. Carey. The father of the child is Clinton D. Carey. He currently resides at 131 Partridge Circle, Carlisle, Pa. 17013. He is married to Amanda N. Carey. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the child. 5. The relationship of defendant to the child is that of Father. The defendant currently lives with his sister. 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties recently separated in February 2008. Mother is requesting a custody order which provides the parties with shared legal custody, and confirms the schedule under which the parties share physical custody. This request is the in the best interest of the child because it would provide stability for the child and insure that the child has ample contact with both parents 8. 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. child. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the Date: V/1 Respectfully submitted, J , e Adams, Esquire . No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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. t Date: I 'a' )0<6 Amanda N. Carey, Plai N IZi r AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term ACTION IN DIVORCE/CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 10kday of qw; L , 2008, by and between Amanda N. Carey, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and Clinton D. Carey, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Lucas D. Carey, born February 5, 1999; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present. Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. The parties shall share physical custody of the child. Father's periods of custody shall be defined as follows: a. During the school year, every other weekend, from Friday after school, through Sunday at 5:00 p.m. and two nights per week from 3:30 p.m. until 7:30 p.m. If the child is off of school on a Monday immediately following father's weekend, Father period of custody shall extend through Monday at 5:00 p.m. b. During the summer when the child has no school, every other weekend, from Friday at 5:00 p.m. through Sunday at 5:00 p.m. and two additional overnights per week. c. Mother shall always have Mother's Day from 9:00 p.m. through 5:00 p.m. and Father shall always have Father's Day from 9:00 p.m. through 5:00 p.m. d. Each party shall be entitled to two non-consecutive weeks with the child during the summer, provided thirty (30) days notice is given to the other party. One week shall consist of six overnights. e. The parties shall each have an equal block of time with the child on all major holidays, including Christmas, Thanksgiving, and Easter, the specific times to be agreed upon by the parties. The parties shall alternate Memorial Day, Independence Day, and Labor Day. If the parties cannot agree on a schedule, the parties shall observe the following schedule: i) On even numbered years, Mother shall have the child on Memorial Day and Labor Day, and Father shall have the child on Independence Day. On odd numbered years, Father shall have the child on Memorial Day and Labor Day, and Mother shall have the child on Independence Day. For purposes of this section, the day shall be defined as 9:00 a.m. through 5:00 p.m. ii) Mother shall always have the child on Thanksgiving from 9:00 a.m. through 3:00 p.m. and Father shall always have the child on Thanksgiving from 3:00 p.m. through 9:00 p.m. iii) Mother shall always have the child from December 24th at 3:00 p.m. through December 25th at 12:00 p.m. and Father shall always have the child on December 25th at 12:00 p.m. through December 26th at 12:00 p.m. f. Nothing in this agreement shall prevent the parties from making other arrangements for physical custody of the child than as provided herein, upon mutual agreement. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Clinton D. C , Date: 4 .1-t ? 0 Z' WITNESS: Witne Amanda N. Carey, Mother Dater r..--. (._ } ,. _. _a ---t ,?- ? "`.? r`J 4 t APR 2 3 2008p V AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 2405 Civil Term CLINTON D. CAREY, ACTION IN DIVORCE/CUSTODY Defendant ORDER AND NOW, this Z 5" day of 410n'/ , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on April 14, 2008, shall be entered as an Order of Court. cc: linton D. Carey, father ,Afane Adams, Esquire, for mother J AMANDA N. CAREY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 2405 Civil Term CLINTON D. CAREY, ACTION IN DIVORCE Defendant : AFFIDAVIT OF SERVICE AND NOW, this April 28, 2008, I, Jane Adams, Esquire, hereby certify that on or about April 25, 2008, a certified true copy of the NOTICE TO DEFEND AND DIVORCE COMPLAINT was served upon the Defendant, via certified mail, restricted delivery, return receipt requested at the following address: Clinton D. Carey 131 Partridge Circle SENDER: COMPLETE THIS SECTION Carlisle, Pa. 17015 DEFENDANT N. Complete items 1, 2, and 3. Also complete item 4 if Restricted 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 the front if space permits. 1. Article Addressed to: CI> A- 0 Agent B. Received by (Printed Name)' C. Date of Delivery e/r..? 10-a (1 1 'a -a5-4' D. Is delivery address d' from item 1? ? Yes If YES, enter delivery address below: 0 No 3. Service Type IkCertified Mail 0 Express Mail 0 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2. Article Number 7007 1490 0003 0141 8045 (Transfer from service labs)) _ PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 Respectfully Submitted: Ja Adams, Esquire I.P No. 79465 17 . South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF f`s +v i C3 G0 C r r't AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2405 CIVIL TERM CLINTON D. CAREY, CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY RELATED MATTERS The prior Order in this custody matter was signed by the Honorable Kevin A. Hess. AMANDA N. CAREY, Plaintiff/Respondent V. CLINTON D. CAREY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2405 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Plaintiff/Respondent is Amanda N. Carey, an adult individual currently residing at 1 Sussex Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant/Petitioner is Clinton D. Carey, an adult individual currently residing at 131 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17015. 3. Petitioner seeks a custody modification for the following child: Lucas D. Carey, age 9, born February 5, 1999. The parties are the parents of Lucas. Lucas was born while the parents were married. The child is presently in the primary physical custody of the Respondent pursuant to Custody Order No: 2008-2405 dated the 25th day of April 2008 (see attached). Petitioner and Respondent have somewhat followed this order since the order's issuance date. 4. The relationship of Petitioner to the child is that of natural father. 5. The relationship of Respondent to the child is that of natural mother. 6. The parties previously reached an Agreement on the 14th of April 2008. 7. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in any other state. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The current Order should be modified because the child is being exchanged too often which causes the child emotional distress and a sense of instability and, therefore, is not in the child's best interest. WHEREFORE, Petitioner requests this Honorable Court to grant him shared physical custody of the child for more continuous periods of time. Respectfully submitted, Attorney for Petitioner 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 r AMANDA N. CAREY, Plaintiff APR 2.3 200gV IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 2405 NO Term CLINTON D. CAREY, ACTION IN DIVORCE/CUSTODY Defendant ORDER AND NOW, this Z s'° day of I+" / , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on April 14, 2008, shall be entered as an Order of Court. /V G4 J. cc: Zinton D. Carey, father 1 .1605ne Adams, Esquire, for mother 100 4 AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. Civil Term ACTION IN DIVORCE/CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this / of P021 L , 2008, by and between Amanda N. Carey, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and Clinton D. Carey, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Lucas D. Carey, born February 5, 1999; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present. Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-today living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. The parties shall share physical custody of the child. Father's periods of custody shall be defined as follows: a. During the school year, every other weekend, from Friday after school, through Sunday at 5:00 p.m. and two nights per week from 3:30 p.m. until 7:30 p.m. If the child is off of school on a Monday immediately following father's weekend, Father period of custody shall extend through Monday at 5:00 p.m. b. During the summer when the child has no school, every other weekend, from Friday at 5:00 p.m. through Sunday at 5:00 p.m. and two additional overnights per week. c. Mother shall always have Mother's Day from 9:00 p.m. through 5:00 p.m. and Father shall always have Father's Day from 9:00 p.m. through 5.00 p.m. d. Each party shall be entitled to two non-consecutive weeks with the child during the summer, provided thirty (30) days notice is given to the other party. One week shall consist of six overnights. e. The parties shall each have an equal block of time with the child on all major holidays, including Christmas, Thanksgiving, and Easter, the specific times to be agreed upon by the parties. The parties shall alternate Memorial Day, Independence Day, and Labor Day. If the parties cannot agree on a schedule, the parties shall observe the following schedule: i) On even numbered years, Mother shall have the child on Memorial Day and Labor Day, and Father shall have the child on Independence Day. On odd numbered years, Father shall have the child on Memorial Day and Labor Day, and Mother shall have the child on Independence Day. For purposes of this section, the day shall be defined as 9:00 a.m. through 5:00 p.m. ii) Mother shall always have the child on Thanksgiving from 9:00 a.m. through 3:00 p.m. and Father shall always have the child on Thanksgiving from 3:00 p.m. through 9:00 p.m. iii) Mother shall always have the child from December 24'h at 3:00 p.m. through December 25th at 12:00 p.m. and Father shall always have the child on December 25th at 12:00 p.m. through December 261 at 12:00 p.m. f. Nothing in this agreement shall prevent the parties from making other arrangements for physical custody of the child than as provided herein, upon mutual agreement. 4. TranaportatiRn and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Qngoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Clinton D. Date: 4 - i-j.a r WITNESS: 440; ?MMW) Witne Amanda N. Carey, Mother Date: Y .m. I VERIFICATION I verify that the statements made in this Petition for Modification of Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Clinto arey Date: .2o`Z day of July, 2008 -44 n a 4 ' CA r e d` IZN - n { y 6 w V AMANDA N. CAREY, Plaintiff/Respondent V. CLINTON D. CAREY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2405 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, accept service of the Petition for Modification of Custody on behalf of my client, Amanda N. Carey, Plaintiff/Respondent. I. certify that I am counsel for Plaintiff/Respondent in this matter and authorized to accept such service on her behalf. Date: % V Jane Adams, Esquire r a ?° rt - ISO cx) o? i AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08 - 2405 Civil Term ACTION IN DIVORCE ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attached petition for Alimony Pendente Lite, and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before , the day of , 2008, at o'clock m. for a Conference, after which the hearing officer may recommend that an order for Alimony Pendente Lite be ordered. You are further ordered to bring to the conference: 1. A true copy of your most recent Federal Income Tax return, including W-2's as filed. 2. Your pay stubs for the preceding six (6) months. 3. The Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) 4. Verification of child care expenses. 5. Proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference, or bring the required documents, the court may issue a warrant for your arrest. FOR THE COURT, By. Conference Officer 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 St. Carlisle, Pa. 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at lease 72 hours prior to any hearing or business before the court. You must attend the scheduled conference of hearing. AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 2405 Civil Term ACTION IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Amanda N. Carey, is a competent adult individual, who resides at 598 W. North St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Petitioner's date of birth is 9/21/78, and her social security number will be provided separately to Domestic Relations. 3. Respondent, Clinton D. Carey, is a competent adult individual, whose address is 131 Partridge Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Respondent's date of birth is 8/3/78 and his social security number will be provided separately to Domestic Reltaions. 5. A divorce complaint which contained claims for Divorce, Equitable Distribution, Alimony and Alimony Pendente Lite was filed under the above-captioned docket number on April 15, 2008 under the above-captioned docket number. WHEREFORE, Petitioner requests that the Court Order Alimony Pendente Lite. Respectfully submitted, Dare $`1 (1 [06 raar e Adams, Esquire No. 79465 West South Street lisle, PA 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT . C C:m m n .. rt . f € }. _ TC3 i AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 2405 Civil Term : ACTION IN DIVORCE PLAINTIFF'S PETITION FOR ADDITIONAL CLAIMS AND NOW COMES, Plaintiff, Amanda N. Carey, by and through her Attorney, Jane Adams, Esquire, and respectfully represents the following: COUNT I - EQUITABLE DISTRIBUTION OF PROPERTY 1. Petitioner is Amanda N. Carey, who is Plaintiff in a divorce action filed under the above-captioned number. Her address is: 598 W. North St., Carlisle, Pennsylvania, 17013. 2. Respondent is Clinton D. Carey, whose address is: 131 Partridge Circle, Carlisle, Pennsylvania, 17013. 3. The parties were married on June 20, 1998. 4. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 5. During the course of the marriage, the parties incurred numerous debts. 6. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property and debts. 7. Plaintiff is seeking and equitable division of all marital property. WHEREFORE, Petitioner prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 8. Paragraphs 1-7 are incorporated herein by reference. 9. On April 15, 2008, Plaintiff filed an action in Divorce under the above- captioned number. 10. The parties separated on February 23, 2008. 11. Plaintiff is unable to support herself in accordance with the standard of living the parties established during the marriage through appropriate employment. 12. The Defendant enjoys a substantial income from which he is able to contribute the support and maintenance of Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 13. Paragraphs 1-12 are incorporated herein by reference. 14. Plaintiff lacks sufficient property to provide for her reasonable means and her needs during the course of this litigation and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during marriage. 16. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. Date: $l?i(DS Respectfully submitted, J #e Adams, Esquire r .p. No. 79465 ra West South Street rlisle, PA 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this PETITION FOR ADDED CLAIMS 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. oate?(??Dg a o y, ?. y - C Fn - o o PS c AMANDA N. CAREY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CLINTON D. CAREY DEFENDANT 2008-2405 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, August 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 16, 2008 at 9:00 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/ john j. Mangan, r. Es q. 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 4rc f?,v ? 1wrw ,id ? n & no cc :Z Ind c I Onv 800Z K1C;i?v? ?.tCd 3Hi. 30 ,& 3?1? 146 +o 7-I ?-0 8 081?3? arm, d In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMANDA N. CAREY vs. CLINTON D. CAREY Docket Number 08-2405 CIVIL Plaintiff ) PACSES Case Number 944110275 Defendant ) Other State ID Number ORDER OF COURT You, CLINTON DAVID CAREY plaintiff/defendant of 131 PARTRIDGE CIR, CARLISLE, PA. 17013-8701-31 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 8, 2008 at 10: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-509 Rev. I Service Type M Worker ID 21302 CAREY V- CAREY PACSES Case Number: 944110275 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: J. /*SLEY MER'JJR. , ' ' JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 r1h;' G h!!''0.rfk i J tb 7-18,- 02 (° 836 Am. d In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMANDA N. CAREY vs. CLINTON D. CAREY Docket Number Plaintiff ) PACKS Case Number Defendant ) Other State ID Number ORDER OF COURT You, AMANDA N. CAREY 598 W NORTH ST, CARLISLE, PA. 17013-2222-98 are ordered to appear at DOMESTIC RELATIONS HEARING RM 08-2405 CIVIL 944110275 plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 8, 2008 at 10: 3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-509 Rev. 1 Service Type M Worker ID 21302 ?i CAREY V. CAREY PACSES Case Number: 944110275 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: .? Date of Order: 2 r7 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. Service Type M Worker ID 21302 =fi n CO i1- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMANDA N. CAREY ) Docket Number 08-2405 CIVIL Plaintiff ) vs. ) PACSES Case Number 944110275 CLINTON D. CAREY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, AMANDA N. CAREY of 598 W NORTH ST, CARLISLE, PA. 17013-2222-98 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 18TH DAY OF SEPTEMBER, 2008 at 8:30AM for a hearing. This date replaces the prior hearing date of SEPTEMBER 8, 2 0 08 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 r „y CAREY If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: u '0,2J7 j '41_?_1111 J. SLEY MER, R. , JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. CAREY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 944110275 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2of2 Form CM-514 Rev. Worker ID 21302 ,:: G-? =, 4_?. { C,?' - ;`;e. I'' 1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMANDA N. CAREY ) Docket Number 08-2405 CIVIL Plaintiff ) VS. ) PACSES Case Number 944110275 CLINTON D. CAREY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CLINTON DAVID CAREY of 131 PARTRIDGE CIR, CARLISLE, PA. 17013-8701-31 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 18TH DAY OF SEPTEMBER, 2008 at 8:30AM for a hearing. This date replaces the prior hearing date of SEPTEMBER 8, 2008 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 CAREY If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: ? J YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. CAREY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 944110275 ?i JUDGE The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2of2 Form CM-514 Rev. Worker ID 21302 ...> c ? ,LLB ,?-, =_ .?.? i? s z?' i ??;= ,: ? { ?., ?-,. SEP 17 2008 IL AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2405 CIVIL ACTION LAW CLINTON D. CAREY, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this 2 34 day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Clinton D. Carey, and the Mother, Amanda N. Carey, shall have shared legal custody of Lucas D. Carey, born 02/05/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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 Child subject to Father's physical custody as follows: a. Commencing 09/19/2008, Father shall have physical custody of Lucas on alternating weekends from Friday after school until Monday morning delivering Lucas to school. b. During the week following Father's weekend, Father shall have custody of Lucas from Wednesday after school until Thursday morning delivering Lucas to school. C. During the week following Mother's weekend, Father shall have custody of Lucas from Monday after school until Tuesday morning delivering Lucas to school. d. Father shall have custody of Lucas every Tuesday and Thursday from after school until 8:00 pm. The exchange location shall be at Nell's Supermarket. e. Father shall make all reasonable efforts to transport Lucas himself; Mother has agreed to assist the transportation as necessary or proper in the event Father can not transport Lucas himself. f. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. Counseling: The parties are directed to continue with the Child's individual counseling and to engage in family counseling with a mutually-agreed upon professional. The family counseling `i. shall address co-parenting issues that would benefit their ability to relate with one another in a non-confrontational manner that would ultimately result in Lucas' best interest. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall each have an equal block of time with the Child on all major holidays, including Christmas, Thanksgiving and Easter, the specific times to be agreed upon by the parties, in the absence of agreement, the parties shall adhere to the times specified below. The parties shall alternate Memorial Day, Independence Day and Labor Day. a. In even-numbered years, Mother shall have the Child on Memorial Day and Lbor Day, the Father shall have the Child on Independence Day. In odd-numbered years, Father shall have the Child on Memorial Day and Labor Day and the Mother shall have the Child on Independence Day. These days shall be from 9:00 am until 5:00 pm. b. Mother shall always have the Child on Thanksgiving from 9:00 am until 3:00 pm and the Father shall always have the Child on Thanksgiving from 3:00 pm until 9:00 pm. c. Mother shall always have the Child from December 24 at 3:00 pm until December 25 at 12:00 pm. The Father shall always have the Child from December 25 at 12:00 pm until December 26 at 12:00 pm. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say 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. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Both parties are directed to not discuss the custodial litigation with the Child and attempt to influence the Child in any manner. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. 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. 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. 12. A status update conference is hereby scheduled for December 15 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. istribution: e Adams, Esquire ?chael Scherer, Esquire ?hn J. Mangan, Esquire COF t FS .ma il£cL By the Court, / co N u> C.) LLI I L tl C1 ? .. u Q 4 ? U AMANDA N. CAREY, Plaintiff V. CLINTON D. CAREY, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2405 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 2. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Lucas D. Carey 02/05/1999 Primary Mother 2. An Order of Court was issued April 25, 2008 pursuant to a stipulated agreement regarding custody and a Conciliation Conference was held with regard to this matter on September 16, 2008 with the following individuals in attendance: The Mother, Amanda N. Carey, with her counsel, Jane Adams, Esq. The Father, Clinton Carey, with his counsel, Michael Scherer, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Z5?' "/ z?? --------- -- Date Jo V' gan, Esquire C sto Conciliator In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMANDA N. CAREY ) Docket Number 08-2405 CIVIL Plaintiff ) VS. ) PACSES Case Number 944110275 CLINTON D. CAREY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, AMANDA N. CAREY of 598 W NORTH ST, CARLISLE, PA. 17013-2222-98 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 6TH DAY OF NOVEMBER, 2008 at 10:30AM fora hearing. This date replaces the prior hearing date of SEPTEM3ER 18, 2008 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 CAREY V- CAREY PACSES Case Number: 944110275 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: Z a o's JUDGE YOU HAVE THE RIGHT TO A PLAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. 1 Worker ID 21302 ? ra _ "'? it4 .t tt? , .. t1) „r, ?- ? _ ..+,? J In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMANDA N. CAREY ) Docket Number 08-2405 CIVIL Plaintiff ) VS. ) PACSES Case Number 944110275 CLINTON D. CAREY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CLINTON DAVID CAREY of 131 PARTRIDGE CIR, CARLISLE, PA. 17013-8701-31 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 6TH DAY OF NOVEMBER, 2008 at 10:30AM fora hearing. This date replaces the prior hearing date of SEPTEMBER 18, 2008 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type m Form CM-514 Rev. 1 Worker ID 21302 CAREY PACSES Case Number: 944110275 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: ?- JUDGE YOU HAVE THE RIGHT TO AV LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. CAREY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. Worker ID 21302 - C -n i '"a rrt r.,.. 1 0 . . ....: . L. 21 C) { , - rn C.. D Y C AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CLINTON D. CAREY, PACSES NO. 681101003 Defendant DOCKET NO. 339 SUPPORT 1999 AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CLINTON D. CAREY, PACSES NO. 944110275 Defendant DOCKET NO. 08-2405 INTERIM ORDER OF COURT AND NOW, this e day of November, 2008, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Plaintiff's Complaint for spousal support is dismissed. B. The Plaintiff's claim for alimony pendente lite is denied without prejudice. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Cc: Amanda N. Carey Clinton D. Carey Jane Adams, Esquire For the Plaintiff Michael A. Scherer, Esquire For the Defendant DRO AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CLINTON D. CAREY, PACSES NO. 681101003 Defendant DOCKET NO. 339 SUPPORT 1999 AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CLINTON D. CAREY, PACSES NO. 944110275 Defendant DOCKET NO. 08-2405 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 6, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in both actions is Amanda N. Carey, who resides at 598 West North Street, Carlisle, Pennsylvania. 2. The Defendant is Clinton D. Carey, who resides at 131 Partridge Circle, Carlisle, Pennsylvania. 3. The parties were married on June 20, 1998. 4. The parties separated on February 23, 2008. 5. The parties are the parents of Lucas D. Carey, a minor child born February 5, 1999. 6. On April 15, 2008 the Plaintiff filed a Complaint for divorce. 7. On June 13, 2008 the Plaintiff filed a Complaint for spousal and child support. 8. On July 22, 2008 an order was entered setting the Defendant's child support obligation at $753.00 per month. 9. The Defendant contested the Plaintiff's entitlement to spousal support, and the matter was scheduled for hearing before this Master. EXHIBIT "A" 10. On August 13, 2008 the Plaintiff filed a petition for alimony pendente lite in the divorce action. 11. At the hearing this date the Plaintiff withdrew her claim for spousal support and directed to proceed only on the claim for alimony pendente lite. 12. The Plaintiff is employed as an office manager for an architectural firm where she has a gross bi-weekly salary of $1,346.15. 13. The Plaintiff pays $100.00 bi-weekly for health insurance coverage on her family. 14. The Plaintiff s tax filing status is head of household with one child claimed as a dependency exemption. 15. The Defendant was employed as a facility's manager by Balfour Beatty until April 26, 2008 when his employment was terminated. 16. The Defendant was not terminated for wilful misconduct. 17. The Defendant was found eligible for receipt of unemployment compensation benefits in the amount of $539.00 per week. 18. The Defendant's annual salary at Balfour Beatty was $59,768.00. 19. The Defendant's tax filing status is married/separate. DISCUSSION In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other rids, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to 2 maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467,615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Plaintiff does not have sufficient funds to go forward with the divorce action. At the time of the filing of the petition for alimony pendente lite, the Defendant had sufficient income to pay an alimony pendente lite order. However, less than two weeks after the Plaintiff filed her petition for alimony pendente lite the Defendant was involuntarily terminated from his employment. With income limited to only $539.00 per week in unemployment compensation benefits and a child support obligation, the Defendant does not have the present ability to pay alimony pendente lite. Consequently the Plaintiff's petition will be dismissed without prejudice to refile at such time as the Defendant obtains gainful employment. RECOMMENDATION A. The Plaintiff's Complaint for spousal support is dismissed. B. The Plaintiff's claim for alimony pendente lite is denied without prejudice. ?y CU-Q V k, D V n, 2Crc Date Michael R. Rundle Support Master 3 ?C g C-) rr, AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CLINTON D. CAREY, PACSES NO. 681101003 Defendant DOCKET NO. 339 SUPPORT 1999 AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CLINTON D. CAREY, PACSES NO. 944110275 Defendant DOCKET NO. 08-2405 INDEX OF EXHIBITS Plaintiff s Exhibit No. 1 - 2007 joint tax return Plaintiff s Exhibit No. 2 - 2007 W-2's Plaintiff s Exhibit No. 3 - Earning statements Plaintiff s Exhibit No. 4 - Earning statements Plaintiff s Exhibit No. 5 - Health insurance information Plaintiff s Exhibit No. 6 - Income and expense statement Defendant's Exhibit No. 1 - Notice of determination (unemployment compensation) Defendant's Exhibit No. 2 - Notice of financial determination (unemployment compensation) CA) AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (A-M05--Civil Term ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR after the entry of a Final Decree in Divorce hereby elects to resume the prior surname LOONEY avowing her intention pursuant to the provisions of 54 P.S. §704. Date: 1.-)f. O 7 Name Carey Amanda Careooney Signature of a being re 4L. C0-MMONWEAL111 OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ) Notarial Seal gg Stacy L. R we, Notary Public COUNTY OF CUMBERLAND ) South MiiddletonTvlr,.CumberlandCounty My Commiss?Os x e! July 13,2M Ppr nrv+ a .:,=,t!nr, at Notaries On this, the ")u day of ?JMUaa( 2009 b4f6p ifte,` th'e undersigned officer, personally appeared AMANDA N. CAREY persMally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. Notary P I c r My commission expires: c_? J IN WITNESS WHEREOF, I hereunto set my hand and offi iaysea? ?? ? ? ?. ?, ?" ? ?? ?' CD << ? ?' ` ,. 1 3 2: 2 5 PENNISYLVANIA AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 2405 Civil Term ACTION IN DIVORCE Nr)T1r:F If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on February 23, 2008 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit 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- g1CIro / ? ?/M ---- -- rnanda N. Looney, Plaintiff f/k/a Amanda N. Carey AMANDA N CARFY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CLINTON D. CAREY, ; NO. 2405 2008 '73 Defendant r-t MOTION FOR APPOINTMENT OF MASTER, ",Q rri z Amanda N. carer Plaintiff' moves the court to appoint a master with rei}?) ? the following claims: ?C7 ? Divorce ?X Distribution of Property sa•? ? Annulment ? Support €-C ?t ? Alimony ? Counsel Fees ? 1771 ? Alimony Pendente Lite ? Costs and Expenses C9 and in support of the motion states:" I . Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Michael Scherer Esquire). 1 The staturory ground (s) for divorce is 3301(d). 4. Delete the inapplicable paragraph (s): A ? B ? C ? a. The action is not contested. b. An agreement has been reached with respect to the following claims: None. C. The action is contested with respect to the following claims: All. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take three 7. Additional information, if anv, relevant to the motion: None. Date: 9/20/2010 AND NOW hours /ILL adaA-4--- A rn y for Plaintiff .I Adams, Esquire Print Name ORDER APPOINTING MASTER 20 is appointed master with respect to the following claims: Esquire, By the Court. J. P'ILFO-OFFiCF DF TQ~E PROTNOld0iARl' 2010 ~EP 22 A~ 9~ ~+9 c~r~~~R>_~~o couNZ~ F~F.E~IdSYL~AM1~ AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, .Defendant IN THE COURT OF C( CUMBERLAND COUN No. 08 - 2405 ACTION IN DIVORCE AFFIDAVIT OF SERVICE MMON PLEAS Y, PENNSYLVANIA Civil Term I, Jane Adams,. Esquire, do hereby certify that on S tember 17 2010 I served a true and correct copy of the AFFIDAVIT.OF SEPARATI NAND COUNTER- AFFIDAVIT in the above-captioned matter upon the followi g individual(s) by certified mail, restricted, return receipt requested, addressed as foll ws: Clinton D. Carey 534 N. Hanover St. Carlisle, Pa. 17013 DEFENDANT Respectfully Submitted: oa,e R1~/,a J~fi Ada 's, Esquire D. o. 79 65 17 est S uth St. rlisle, P .17013 (717) 245-508 ATTORNE FOR PLAINTIFF V UNITElJST4TES ~POSTdLSERVKE. Date: 09/17/2010 Jane Adams: The following is in response to your 09/17/2010 request for deli ery information on your Certified Mai.l(TM) item number 7009 0820 0001 0749 1455. Th delivery record shows that this item was delivered on 09/17/2010 at 04:17 PM in CARLISL , PA 17013. The scanned image of the recipient information is provided below. Signature of Recipient: - -_ wd M Odlwq- S.eaoo . ~; >~:: , .: r• Address of Recipient: ,.,y I Thank you for selecting the Postal Service for your mailing n assistance, please contact your local Post Office or postal re Sincerely, If you require additional United States Postal Service ? r «I' p 2 i' t F' AMANDA N. CAREY, : KT-HE` NiJR r OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 2405 Civil Term CLINTON D. CAREY, : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ay of 2010, by and between, AMANDA N. CA EY, of Carlisle, Cumberland County, Pennsylvania, hereinafter, referred to as "WIFE", and CLINTON D. CAREY, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 20, 1998 in Cumberland County, Pennsylvania, and, WHEREAS, there was one child born of this marriage; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1 FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband is SELF-REPRESENTED. Wife has employed and had the benefit of having JANE ADAMS, ESQUIRE, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware riot only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. Husband understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shah interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that WIFE has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement' relating to equitable distribution of ;property of the, parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is ,specifically agreed that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment, or decree. This lincorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this, agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Wife indemnifies Husband for such debts and shall be fully responsible if such debts are collected from Husband by said creditors. Any and all debts in her name alone or incurred by her after separation, regardless of how titled. The Citicard ,Account, ending in 4144. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following; debts and obligations. Husband indemnifies Wife for such debts and shall be fully responsible if such debts are collected from Husband by said creditors. Any and all debts in his name alone or incurred by him after separation, regardless of how titled. The Lowe's account. The Members First account. (c) The parties will take any steps necessary to close any joint credit card accounts, if this has not already been done. (d) This provision may be enforced, if necessary by the Court, and either party may file a Petition for Enforcement and seek attorney's fees and costs, if the other party does not indemnify them against their assigned debts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a' sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties, to each other resulting therefrom shall not be dischargable in bankruptcy, should either'; party file for protection under the Bankruptcy Code at anytime after the date of execution of this Agreement, and compliance with this agreement can be sought under this agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement,' Wife agrees that all of the tangible personal property in Husband's possession shall be the sole and separate property of Husband; and Husband agrees that all of the tangible personal property in Wife's possession shall be the sole and separate property of Wife. Both parties agree that intangible personal property, including retirement benefits, shall remain the individual property of the registered or titled owner, unless otherwise provided in this agreement. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: each party shall retain the vehicles in their respective possession,' and shall be solely responsible for any vehicles in their possession. The titles to the said nioto,- vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible' for his or her own "legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 14. TAXES. The parties have previously filed joint State and Federal Tax returns. The, parties intend on from this point ;forward.` Each party shall be solely entitled to their respective returns. Wife shall be entitled to claim the parties' child, Lucas David Carey, as an exemption on her income tax return. Transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 15. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 18. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 20. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of, either party to insist upon :strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 21. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that'term,'condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the A satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 22. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 23. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, isentering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has care'ully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and,year first above written: WITNESS: ridams, Esquire h St. . ,17013 .508 Attorney for Wife e Witness Amanda N. Lodnd)V, life f/k/a Amanda N. Carey Date: `l &inton D. Carey, Husband Date: /,/) - a_ (i • i o FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 19 AM I f : 04 CUMBERLAND COUNTY PENNSYLVANIA AMANDA N. CAREY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 2405 Civil Term CLINTON D. CAREY, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 15, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 P.S. 4904, relating to unsworn falsification to authorities. / A '? t IV - 1b Date: ) , V- N. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND -43301 (d) OF THE DIVORCE CODE 1. 1 consent to 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.. §4904 relating to unsworn falsification to authorities. ? Date: 10 1 01? \4 • / 0 FILED-OFFICE C" THIA r ROTIfOIjrI TARY 10 NOV 19 k, 11: Drj AMANDA N. CAREY, IN THE COURT OF COIA`R Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 2405 Civil Term CLINTON D. CAREY, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 15, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: "Clinton D. Ca y, Def dant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 63301(d) OF THE DIVORCE CODE 1. 1 consent to 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. 1 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. §4904 relating to unsworn falsification to ai ithnrifiac Date: ((,I,1 ' 10 Clinton D. arey, Defen ant ?L?L 64T4kX-- bec- ,S . e. _ tla7 AMANDA N. CAREY, Plaintiff vs. CLINTON D. CAREY, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 2405 Civil Term ACTION IN DIVORCE ORDER OF COURT 2 X J Day of DUA a4.- , 2010, the parties having resolved all their outstanding economic issues by execution of a marriage settlement agreement, and the Affidavits of Consent and Waivers of Notice having been filed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record so that a final Decree in divorce can be entered. By the Court: cc: Jane Adams, Esquire linton D. Carey, Defendant, self-represented 141 Doubling Gap Road Newville, Pa. 17241 eo? C EE t a?az, f r? ?r j ryL?Zda-'-- AMANDA N. CAREY, IN THE COURT OF COMMON PI Plaintiff CUMBERLAND COUNTY, PENN vs. No. 08 - 2405 Civil Ter CLINTON D. CAREY, : ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to tra together with the following information to the Court for entry of a divon Code. LVANIA c N, map C7 c-s -v m t mit th6re66rd,M Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c)j of the Divorce 2. Date and Manner of the service of the Complaint: via first cla s mail, restricted delivery, return receipt requested. Return receipt signed Apr 125, 2008. 3. Date of execution of the Affidavit of Consent required by 330 (c) of the Divorce Code: By Plaintiff: October 24, 2010. By Defendant: November 12. 2010. 4. Related claims pending: 5. Date Defendant's Waiver of Notice under §3301(c) of the filed with the Prothonotary: November 19. 2010. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the with the Prothonotary: November 19, 2010. Date: Ily submitted Q a Adams, Esquire PO. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAI Code was Code was filed FF AMANDA N. CAREY IN THE COURT.OF,COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA V. CLINTON D. CAREY NO. 08 - 2405 Civil Term DIVORCE DECREE AND NOW, .S z-" it is ordered and decreed that AMANDA N. CAREY plaintiff, and CLINTON D. CAREY defendant, are divorced from the bonds of matrimony. By the Court, 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; the marriage settlement agreement which was filed under the above-captioned docket number on November 10, 2010 shall be incorporated and not merged into this Decree. Prothonotary I /s/11- h i ' * aA7 Adam 0 N%bO * Awf -o ?: rip 3FEB 20 A,? t JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE : 717-238-6570 FAcsIMILE: 717-2384809 ATTORNEYS FOR PLAINTIFF AMANDA N. CAREY a/k/a AMANDA N. MERKEL, Plaintiff V. CLINTON D. CAREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2405 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Please filed the attached copy of correspondence as Proof of Service in the above matter indicating service of Jane Adams, Esquire, counsel of record for Plaintiff, Amanda N. Carey a/k/a Amanda N. Merkel, in this matter on February 15, 2013. Respectfully submitted, Date: February / h , 2013 CUNNINGHAM & CHERNICOFF, P.C. i B ordan. Cunningham, Esquire I.D. #23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF MARC W. WITZIG BRUCE J. WARSHAWSKY TRACY L. UPDIKE NICHOLAS A. FANELLI CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE: (717) 238-6570 FAX: (717) 238-4809 February 7, 2013 VIA CERTIFIED MAIL RESTRICTED DELIVERY Return Receipt Requested No. 7006 3450 00010960 7112 Amanda N. Merkel 1450 Newville Road Carlisle, PA 17015 HERSHEY TELEPHONE (717) 534-2833 IRS No. 23-2274135 STREET ADDRESS: 2320 NORTH SECOND STREET HARRISBURG, PA 17110 VIA CERTI IED MAIL Return Rec 'pt Requested No. 7006 3450 0001 0960 7099 Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Re: Amanda N. Carey v. Clint D. Carey Cumberland County Court of Common Pleas Docket No. 2008-2405 Our File No. 405913 (Custody) Dear Ms. Merkel and Attorney Adams: Enclosed please find a time stamped copy of the Petition for Modification filed on behalf of Mr. Carey in the above captioned matter. P.C. JDC/alh enclosure Dictated but not read. cc: Clinton Carey (via U.S. Mail) F:1HomeWHEWITTIDOCSW-C\CAREY, CLINT 405913\L020713 service of pet to modify.wpd Very truly yours, (Domestic Mail Only; No Insurance Coverage Providec For delivery information visit our website at www.usps.comc, o ?< -I rZI „ertitiE+d McEa L% ?k Postm C3 Return Receipt Fee I (Endorsement Required) HerO Hem `- ? M Restricted Delivery Fee - - { i O (Endorsement Required) U-I = Total Postage & Fees rn p Sant To ------- .-..-. street, Apt. No.; \ / or PO Box No. ---------- __ City, State, ZIP+4 \ ------------ IMMMMM? ¦ Complete items 1, 2, and 3. Also complete I item 4 if Restricted 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 the front if space permits. C? J fyUb 1. Article dressed to: ?%n X B. Wiv4b;? ??, tfowent from item 1? D. Is delivery If YES, enter delivery address below: Name) i C. ant plo [I Addressee Wv ? 1 jj /e 3. Service TYPa 1?1 '13 Mr iaa Mall Express Mail . ? Registered ? Return Receipt for Marchand ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Feel D Yes OiHiitii=liMiiil::lil"li?.iiiiill:ilt - 102595-02-M-1540 F T AMANDA N. MERKEL f/k/a IN THE COURT OF COMMON PLEAS OF AMANDA N. CAREY, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff 08-405 v 204; 24 CIVIL ACTION-LAW CLINTON D. CAREY, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER 1 AND NOW,this 2 day of March, 2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A aring is scheduled in Court Room No. of the Cumberland County Courthouse e day of ,2013 at .m. At this he ' ,the father shall be the mo ' arty and shall proceed initially with to ' ny.Counsel for the parties shall file with the Co d opposing co a memorandum setting forth the history of custody in this case,the ' ently before the Court, a summary of each parties position on issues,a list of witness ho will be called to testify on behalf of e arty and a summary of the anticipated testimon each witness.This emorandum shall be filed at least five days prior to the mentioned hearing date. 2. Legal counsel for the parties shall agree upon the selection of a counselor who shall meet with the minor child to address any issues identified by either parents or the child. The counselor selected shall be independent in the nature that the counselor is hereby authorized to share all information on these counseling sessions with both parties and legal counsel for the parties. Additionally,for any expenses not covered by insurance, the parties shall share in those expenses. It is anticipated that, if needed, the child's counselor will appear in Court to testify or provide the Court with information otherwise as agreed upon by legal counsel for the parties. 3. Pending further Order of this Court,this Court's prior Order of September 23,2008, shall remain in effect. 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. URT, Judge cc: Michelle Sommer , Esquire Thomas A. P�aC�y Jordan Cunningham, Esquire �e3 wa, lam' 3/ Common Pleas fudge d' w zc" ' CD N rn -i C-3 4:1' AMANDA N. MERKEL f/k/a IN THE COURT OF COMMON PLEAS OF AMANDA N. CAREY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v 2013-2405 CIVIL ACTION-LAW CLINTON D. CAREY, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE This case was originally assigned to Judge Hess who signed an Order back in 2008 but he did not have any experience with the parties in the nature of a hearing or otherwise. Under these circumstances,I understand Judge Hess desires that the case be scheduled for a hearing before one of the other Judges. The Conciliator estimates that the hearing in this case shall take no more than one day. Date: March 2013 ///31 X� Hub X. GilroyAsquire Custody Conc/iator FTMESTlients\12321 Custody Concifiatiom\12321.2013\12321.2013.Merkel.CseyvCwey2OOg.2405,maodyrepon.onkTcffbedvejulylZO]2.wpd AMANDA N. MERKEL f/k/a IN THE COURT OF COMMON PLEAS OF AMANDA N. CAREY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v 2013-2405 CIVIL ACTION - LAW CLINTON D. CAREY, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess 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 child who is the subject of this litigation is as follows: Lucas D. Carey,born February 5, 1999. 2. A Conciliation Conference was held on March 13,2013,with the following individuals in attendance: The mother,Amanda N.Merkel(f/k/a Amanda N. Carey),with her counsel,Michelle Sommer, Esquire, and the father, Clinton D. Carey, with his counsel, Jordan D. Cunningham, Esquire. 3. The parties are acting under a custody Order from September 2008 at which time they agreed upon an Order with mother having primary custody and father having various periods of partial custody. Father now suggests that the child wants to come to live with him which would require a move from the Carlisle School District to the Big Spring School District. Mother is unwilling to agree on that change in the custody Order at this time and it appears that a hearing is necessary. The parties agree to have the child consult with a counselor and that provision will be included in the recommended Order. 4. The Conciliator recommends an Order in the form as attached. Date: March , 2013 z�x?�� Hubert X.Aoy, Esquire Custod onciliator AMANDA N. MERKEL f/k/a AMANDA N. CAREY, Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. os 00S 2913-2405 CIVIL TERM CLINTON D. CAREY Defendant IN CUSTODY IN RE: CUSTODY TRIAL SCHEDULING ORDER OF COURT AND NOW, this 201h day of March 2013, upon review of the Conciliation Summary Report, a custody trial is scheduled for 10 June 2013 at 9: 30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Plaintiff shall be deemed the moving party and shall initially proceed with testimony. Counsel shall attend a half hour Pre-trial Conference scheduled for 18 April 2013 at 3:00 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 11 April 2013. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of proposed questions the court may ask, in camera, of any child witness; e. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; f. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court; and g. A proposed final custody order. 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number I of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the narrowing of the issues; b. the entry of a scheduling order; c. the special scheduling of any child witness either party intends to call at trial; d. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; e. the limitation of the number of expert witnesses; f. settlement and/or mediation of the case; and g. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. Thomas A. Dlacey, C.P.J. Distribution: Michelle Sommer, Esq. Jordan Cunningham, Esq. 4�f' "',led 31a-1113 m AMANDA N. CAREY IN THE COURT OF COMMON PLEAS OF (NOW MERKEL) , Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v o0,-0,405 CIVIL ACTION - LAW CIVIL TERM CLINTON D. CAREY, ..03 Defendant IN CUSTODY r*,Ca a%. -V M CD IN RE: CUSTODY PRETRIAL ORDER OF COURT\ y C-_ AND NOW, this 18th day of April, 2013, a--prdT- ri;'-, conference in this custody case was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse. Present on behalf of Plaintiff/Mother was Michelle Sommer, Esquire; present on behalf of the Defendant/Father was Jordan Cunningham, Esquire . This is a custody action concerning one child, Lucas D. Carey, born 5 February 1999, whose current custodial status is joint legal and primary with Mother, together with alternating weekends and holidays and two nights a week. Mother seeks to maintain the status quo in Carlisle while Father seeks primary custody and a transfer of the child to the Big Spring School District . As this is Father' s request, Defendant/Father shall proceed first with testimony followed by Plaintiff/Mother and any expected witnesses . In addition to the parties themselves at trial the expected expert witness is Kasey Shienvold, whom the Court may take out of order if necessary or using advance communication technology. Additional testimony is expected for Plaintiff from Nathan Merkel, husband, and for Defendant Jennifer Carey, wife . The . requested child witness is Lucas Carey, which the Court has not made a determination if the child will testify, but if so the Court itself will question the child in camera. At this point the child is not to be brought to the courthouse for any reason on the trial date absent further Order of Court. The total time allotted to each party for examination and cross examination of all witnesses is 2 hours each, how they choose to use it is left to them but additional time will not given absent extraordinary circumstances . This does not include the child' s testimony which shall be specially set if necessary. The exhibits have been exchanged in part for each side and are listed as such items as report cards, recognitions, photos, and doctor reports. The Court also requests distance maps between homes and schools . All exhibits to be used at trial shall be exchanged no later than the 28th of May, 2013, together with an exhibit list . The parties shall provide only a copy of their exhibit list to the Court for use at trial and shall premark their exhibits . If the expert can answer the guardian ad litem question sufficiently for the Court, no additional guardian ad litem should be pointed. However, if the expert cannot tell the Court whether it is in the best interests of the child to testify or not testify and why, then the Court will appoint a guardian ad litem, and counsel for the parties are not to examine the child witness . The trial shall commence on 10 June 2013, at 9: 30 a.m. , in Courtroom Number 6 of the Cumberland County Courthouse, and this order shall control the subsequent course of the action unless modified to prevent manifest injustice . By the Court, A Thomas A. Placey C. P. J. /chelle Sommer, Esquire 2 West High Street Carlisle, PA 17013 For Plaintiff /Ordan Cunningham, Esquire 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 For Defendant :mae AMANDA N. CAREY a/k/a IN THE COURT OF COMMON PLEAS AMANDA N. MERKEL, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2008-2405 CIVIL TER CLINTON D. CAREY, :Z Defendant CIVIL ACTION—LAW IN CUSTODY :Zc) STIPULATION CID, —F" ct AND NOW, this i —day of July, 2013, comes your Plaintiff, Amanda N. Carey, a/k/a Amanda N. Merkel, by and through her counsel, Aborn&Kutulakis, and your Defendant, Clinton D. Carey, by and through his counsel, Cunningham& Chernicoff, P.C., who enter into the following Stipulation: 1. The parties have negotiated an acceptable understanding as concerns the custody of their minor child, Lucas Carey. 2. The parties have reduced their understanding to a proposed Order. A true and correct copy of the proposed Order is attached hereto as Exhibit 1. WHEREFORE, the parties, through their counsel, request this Court to enter the attached proposed Order set forth in Exhibit I as an Order of the Court. ABOM&KUTULAKIS CUNN & CHERNICOFF,P.C. C & ERN' 10 V / — By. FA- By: rd - Cunningham,Esquire S Court-4=r�Es ' I.D.V" I =Wch0e�lle!L. ornmer,Esquire r Cunningham,Esquire P Supreme PA Supreme Court I.D.No. e Court ID No. 23144 2 West High Street 2320 N. Second Street Carlisle,PA 17013 Harrisburg, PA 17110 Phone: 717-249-0900 Phone: 717-238-6570 Attorneys for Plaintiff Attorneys for Defendant Dated: Dated: 3 AMANDA N. CAREY a/k/a IN THE COURT OF COMMON PLEAS AMANDA N.MERKEL, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2008-2405 CIVIL TERM CLINTON D. CAREY, Defendant CIVIL ACTION—LAW IN CUSTODY ORDER AND NOW, this day of 2013 after having conducted a hearing and taken testimony, it is Ordered and Directed as follows: I Prior Orders: All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2.. Legal Custody: The Father, Clinton D. Carey, and the Mother, Amanda N. Carey, shall have shared legal custody of Lucas D. Carey(hereinafter referred to as the "Child"),born February 5, 1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to,all decisions regarding his 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 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: The Father and Mother shall have shared the physical custody of the minor Child, Lucas Carey, in accordance with the following schedule: a. June 7,2013 at 8:00 a.m. through July 3, 2013 at 3:00 p.m., Father shall have physical custody of the minor Child; b. July 3, 2013 at 3:00 p.m. through July 8, 2013 at 8:00 a.m., Mother shall have physical custody of the minor Child. Mother shall deliver the minor Child to Father's home; C. July 8, 2013 at 8:00 a.m. through July 26, 2013 at 3:00 p.m., Father shall have physical custody of the minor Child; d. July 26, 2013 at 3:00 p.m. through July 29,2013 at 8:00 a.m., Mother shall have physical custody of the minor Child. Mother shall deliver the minor Child to Father's home; e. July 29, 2013 at 8:00 a.m. through August 5, 2013 at 3:00 p.m., Father shall have physical custody of the minor Child; f. August 5, 2013 at 3:00 p.m. through August 12, 2013 at 8:00 a.m., Mother shall have physical custody of the minor Child. Mother shall deliver the minor Child to Father's home; - 2 9. August 12, 2013 at 8:00 a.m. through August 26,2013 at 8:00 am., Father shall have physical custody of the minor Child; During this period, however, Mother shall have partial custody of the minor Child on August 23,2013 at noon until August 24,2013 at 7:00 p.m. in order to shop for back to school shopping. h. Mother and Father shall then exchange physical custody on alternating periods of seven(7)continuous days upon the following schedule: i. Beginning on August 26, 2013 at 8:00 a.m., Father shall have physical custody for a period of seven(7) continuous days, ending on September 2, 2013 at 8:00 a.m. ii. Beginning on September 2,2013 at 8:00 a.m. subject to Father's Labor Day holiday ending on Labor Day at 9:00 p.m., Mother shall have physical custody for a period of seven(7)continuous days, ending on September 9, 2013 at 3:00 p.m. The parties shall alternate physical custody on a seven(7) day continuous scheduled ending and beginning on Monday mornings at 8:00 a.m. prevailing time. iv. The party who is receiving custody of the minor Child shall be responsible for the transportation of the minor Child unless otherwise noted in this Order. It is directed that Mother shall begin her periods of custody of the minor Child at the conclusion of the minor Child's school day at the school he is attending during the academic year. 3 4. School District Registration. Father and Mother have mutually represented to the Court that Father resides within the boundaries of the Big Spring School District. Moreover, Mother and Father have acknowledged to the Court that during the period of June 7,2013 through June 6, 2014 (the Academic School Year),the minor Child will be residing primarily with Father. Father and Mother, in light of Father's residence in the Big Spring School District and the parties taking into consideration the concerns of the minor Child, are of the mutual opinion that the best interest of the minor Child is served by the minor Child being enrolled in the Big Spring School District. Therefore,the minor Child, Lucas Carey, shall be registered and attend the Big Spring High School in the Big Spring School District. 5. Telephone Contact: The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parties shall each have an equal block of time with the minor Child on all major holidays, including Christmas, Thanksgiving, and Easter,the specific times to be agreed upon by the parties. In the absence of agreement, the parties shall adhere to the times specified below. The parties shall alternate Memorial Day, Independence Day, and Labor Day. 4 a. In even-numbered years, Mother shall have the minor Child on Memorial Day and Labor Day; Father shall have the minor Child on Independence Day. In odd-numbered years, Father shall have the minor Child on Memorial Day and Labor Day and Mother shall have the minor Child on Independence Day. These days shall be from 9:00 a.m to 9:00 p.m. b. Mother shall always have the minor Child on Thanksgiving from 9:00 a.m. until 3:00 p.m. and Father shall always have the minor Child on Thanksgiving from 3:00 p.m. until 9:00 p.m. C. Mother shall always have the minor Child from December 24 at 3:00 p.m. until December 25 at 12:00 p.m. Father shall always have the minor Child from December 25 at 12:00 p.m. until December 26 at 12:00 p.m. d. Mother shall always have the minor Child on Mother's Day from 9:00 a.m. to 6:00 p.m. e. Father shall always have the minor Child on Father's Day from 9:00 a.m. to to 6:00 p.m. 7. Out of State Travel: In the event the custodial parent should take the Child out of state,the custodial parent shall notify the non-custodial parent within twenty-four (24) hours of departure of the intended destination and telephone number at which they can be reached. 5 8. Negative Communication with Minor Child: Neither party may say or do anything nor permit a third party to do or say 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. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Both parties are directed to not discuss the custodial litigation with the Child and attempt to influence the Child in any manner. 9. Medical Emergencies: In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. Non-Consumption of Illegal Substances: 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 andJor house guests comply with this provision. 11. Modification of the Order: 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. 6 BY THE COURT, J. Distribution: For Mother: Michelle L. Sommer, Esquire, Abom &Kutulakis, 2 West High Street, Carlisle, PA 17013 For Father: Jordan D. Cunningham, Esquire, Cunningham & Chernicoff, P.C., 2320 N. 2n' Street, Harrisburg, PA 17110 FAHome41HEW1TT\DOCS\A-C\CAREY,CLINT 405913\PROPOSED ORDER 061713.wpd 7 AMANDA N. CAREY a/k/a • IN THE COURT OF COMMON PLEAS AMANDA N. MERKEL, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. NO. 2008-2405 CIVIL TER --, C ) c-n c...,. .-- CLINTON D. CAREY, =rn _ , Defendant CIVIL ACTION—LAW c r- I - . IN CUSTODY '2' 00 _-t i C) . C F 1 . r3_ _ , {_..) ORDER AND NOW, this Si4N day of. , ■66.1(AS41 2013 after having conducted a hearing and taken testimony, it is Ordered and Directed as follows: 1. Prior Orders: All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Clinton D. Carey, and the Mother,Amanda N. Carey, shall have shared legal custody of Lucas D. Carey(hereinafter referred to as the "Child"), born February 5, 1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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: The Father and Mother shall have shared the physical custody of the minor Child, Lucas Carey, in accordance with the following schedule: a. June 7, 2013 at 8:00 a.m. through July 3, 2013 at 3:00 p.m., Father shall have physical custody of the minor Child; b. July 3, 2013 at 3:00 p.m. through July 8, 2013 at 8:00 a.m., Mother shall have physical custody of the minor Child. Mother shall deliver the minor Child to Father's home; c. July 8, 2013 at 8:00 a.m. through July 26, 2013 at 3:00 p.m., Father shall have physical custody of the minor Child; d. July 26, 2013 at 3:00 p.m. through July 29, 2013 at 8:00 a.m., Mother shall have physical custody of the minor Child. Mother shall deliver the minor Child to Father's home; e. July 29, 2013 at 8:00 a.m. through August 5, 2013 at 3:00 p.m., Father shall have physical custody of the minor Child; f. August 5, 2013 at 3:00 p.m. through August 12, 2013 at 8:00 a.m., Mother shall have physical custody of the minor Child. Mother shall deliver the minor Child to Father's home; 2 g. August 12, 2013 at 8:00 a.m. through August 26, 2013 at 8:00 a.m., Father shall have physical custody of the minor Child; During this period, however, Mother shall have partial custody of the minor Child on August 23, 2013 at noon until August 24, 2013 at 7:00 p.m. in order to shop for back to school shopping. h. Mother and Father shall then exchange physical custody on alternating periods of seven(7) continuous days upon the following schedule: i. Beginning on August 26, 2013 at 8:00 a.m., Father shall have physical custody for a period of seven (7) continuous days, ending on September 2, 2013 at 8:00 a.m. ii. Beginning on September 2, 2013 at 8:00 a.m. subject to Father's Labor Day holiday ending on Labor Day at 9:00 p.m., Mother shall have physical custody for a period of seven(7) continuous days, ending on September 9, 2013 at 3:00 p.m. iii. The parties shall alternate physical custody on a seven(7) day continuous scheduled ending and beginning on Monday mornings at 8:00 a.m. prevailing time. iv. The party who is receiving custody of the minor Child shall be responsible for the transportation of the minor Child unless otherwise noted in this Order. It is directed that Mother shall begin her periods of custody of the minor Child at the conclusion of the minor Child's school day at the school he is attending during the academic year. 3 • 4. School District Registration. Father and Mother have mutually represented to the Court that Father resides within the boundaries of the Big Spring School District. Moreover, Mother and Father have acknowledged to the Court that during the period of June 7, 2013 through June 6, 2014 (the Academic School Year), the minor Child will be residing primarily with Father. Father and Mother, in light of Father's residence in the Big Spring School District and the parties taking into consideration the concerns of the minor Child, are of the mutual opinion that the best interest of the minor Child is served by the minor Child being enrolled in the Big Spring School District. Therefore,the minor Child, Lucas Carey, shall be registered and attend the Big Spring High School in the Big Spring School District. 5. Telephone Contact: The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parties shall each have an equal block of time with the minor Child on all major holidays, including Christmas, Thanksgiving, and Easter, the specific times to be agreed upon by the parties. In the absence of agreement, the parties shall adhere to the times specified below. The parties shall alternate Memorial Day, Independence Day, and Labor Day. 4 a. In even-numbered years, Mother shall have the minor Child on Memorial Day and Labor Day; Father shall have the minor Child on Independence Day. In odd-numbered years, Father shall have the minor Child on Memorial Day and Labor Day and Mother shall have the minor Child on Independence Day. These days shall be from 9:00 a.m to 9:00 p.m. b. Mother shall always have the minor Child on Thanksgiving from 9:00 a.m. until 3:00 p.m. and Father shall always have the minor Child on Thanksgiving from 3:00 p.m. until 9:00 p.m. c. Mother shall always have the minor Child from December 24 at 3:00 p.m. until December 25 at 12:00 p.m. Father shall always have the minor Child from December 25 at 12:00 p.m. until December 26 at 12:00 p.m. d. Mother shall always have the minor Child on Mother's Day from 9:00 a.m. to 6:00 p.m. e. Father shall always have the minor Child on Father's Day from 9:00 a.m. to to 6:00 p.m. 7. Out of State Travel: In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four (24)hours of departure of the intended destination and telephone number at which they can be reached. 5 8. Negative Communication with Minor Child: Neither party may say or do anything nor permit a third party to do or say 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. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Both parties are directed to not discuss the custodial litigation with the Child and attempt to influence the Child in any manner. 9. Medical Emergencies: In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. Non-Consumption of Illegal Substances: 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. 11. Modification of the Order: 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. 6 BY THE COURT, _Thortacer_ Common Pleas Judge J• Distribution: For Mother: ichelle L. Sommer, Esquire, Abom& Kutulakis, 2 West High Street, Carlisle, PA 17013 For Father: /Jordan D. Cunningham, Esquire, Cunningham & Chernicoff, P.C., 2320 N. 2nd Street, Harrisburg, PA 17110 F:\Home\AHEWITT\DOCS\A-C\CAREY,CLINT 405913\PROPOSED ORDER 061713.wpd C C Es fY? t 7/8/,3 7