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Home My WebLink About08-4881Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MELISSA-ANN COLLETTE, Plaintiff v. NICHOLAS W. COLLETTE, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS CIVIL ACTION - LAW IN DIVORCE 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 pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I . D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MELISSA-ANN COLLETTE, Plaintiff V. CIVIL ACTION - LAW NICHOLAS W. COLLETTE, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, MELISSA-ANN COLLETTE, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, NICHOLAS W. COLLETTE: 1. The Plaintiff is MELISSA-ANN COLLETTE, an adult individual, residing at 18 Trine Avenue, Mount Holly, Cumberland County, Pennsylvania 17065. 2. The Defendant is NICHOLAS W. COLLETTE, an adult individual, residing at 507 Ross Avenue, New Cumberland, Pennsylvania 17070. 3. The Plaintiff and Defendant were married on January 19, 2006, in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties separated on or about June 17, 2008. 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce under Section 3301(c) or 3301(d) of the Divorce Code. COUNT H -EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 10. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 11. The parties have not yet reached an agreement regarding equitable distribution. Should they successfully reach a private agreement in the future, Plaintiff requests that the agreement be incorporated into any Decree later entered by this Honorable Court. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT l/I- CUSTODY 12. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 11 inclusive, of the Complaint as if the same were set forth herein at length. 13. The Plaintiff and Defendant are married and are the parents of two (2) minor children: Chase Jordan Collette, born November 28, 2005 and Logan Michael Collette, born May 3, 2007. 14. Chase Jordan Collette was born out of wedlock. Logan Michael Collette was born in wedlock. 15. Plaintiff seeks custody of the parties' sons, who have been in her primary custody since June 17, 2008. 16. The children's residences have been as follows: A. From November 2005 to December 2006 at 8 Independence Drive, Mount Holly, Pennsylvania, 17065. B. From December 2006 to present at 18 Trine Avenue Mount Holly, Pennsylvania, 17065. 17. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 18. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. 21. Mother has been and continues to be willing to negotiate a parenting plan that focuses the parents making decisions together and serving the children's best interests. In the absence of an agreement, Mother invokes the jurisdiction of the Court to assume control of the decisions to be made regarding custody. 22. The best interest of permanent welfare of the children will be served by granting the relief requested because: A. The children need frequent and continuing contact with both of their parents. B. Mother is able to provide a stable and loving home and will support children's relationship with her Father, as his schedule permits. C. Mother has been primary caregiver for the children. WHEREFORE, the Plaintiff, MELISSA-ANN COLLETTE respectfully requests this Honorable Court to grant Mother primary physical custody and set a schedule of partial custody for Father to ensure frequent and continuing contact with Chase Jordan and Logan Michael, and award the parties shared legal custody of the minor children. JOHNS , DUFF , STEWART & WEIDNER 0 Y2-2-? elissa Peel Greevy 338897 VERIFICATION I, MELISSA-ANN COLLETTE, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. PJ5 Dater ELISSA-ANN jtt$LQ;T-fE :338897 c? ? C w c F S- V f? t c n c k ? tN W C c> O r jZ3 n, ZZ MELISSA-ANN COLLETTE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NICHOLAS W. COLLETTE DEFENDANT 2008-4881 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 19, 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 Thursday, September 18, 2008 at 10:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent 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, jr,, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 xpl? *-ev 4??2 -,? (;r-, 14"v 'o-sp 9 : r1 W 0z 9fiv CCDZ Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MELISSA-ANN COLLETTE, Plaintiff V. NICHOLAS W. COLLETTE, Defendant ACCEPTANCE OF SERVICE IN DIVORCE I, Brian K. Zellner, attorney for Defendant, Nicholas W. Collette, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on August 14, 2008 by the Plaintiff in the above-captioned divorce action. I certify that I am authorized to accept service on behalf of Defendant. /C &Ie_? BY: /? Brian K. Zellner, Esquire 1. D. No..S"9t6 Z Hynum Law 1325 Grandview Road Mount Joy, PA 17552 Date: M-ol0!? , 2008 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4881 CIVIL TERM CIVIL ACTION - LAW :341730 PQ :.. Cn t a MELISSA-ANN COLLETTE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NICHOLAS W. COLLETTE DEFENDANT 2008-4881 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 02, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 11, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: lsl Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1?,eo?/D,ss?'.wK-?`?°w"?? ? GO Awl ` ??? Y r ,;f'??1r:J NICHOLAS W. COLLETTE, Plaintiff V. MELISSA A. COLLETTE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4785 CIVIL ACTION - LAW : IN CUSTODY MELISSA-ANN COLLETTE, Plaintiff V. NICHOLAS W. COLLETTE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA X• . 2008-4881 CIVIL ACTION - LAW : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this / V% day of , 2008, upon _A? consideration of the attached Custody Co filiation Report, it is ordered and directed as follows: The above captioned dockets are hereby consolidated. 2. The Father, Nicholas W. Collette and the Mother, Melissa A. Collette, shall have shared legal custody of Chase J. Collette, born November 28, 2005 and Logan M. Collette, born May 3, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, 10 extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody, which he shall exercise outside of the marital home, as follows: A. Every Tuesday and Friday from 4:30 p.m. or earlier to 8:00 p.m. B. Every Saturday from 12:00 noon to 8:00 p.m., except on the fourth Saturday of every month, when Mother shall have physical custody of the children. As a make up period for the fourth Saturday, Father shall have physical custody of the children on the first Sunday of every month from 12:00 noon to 8:00 p.m. C. In the event that Mother wishes to go out of town on her fourth Saturday of every month, upon 2 weeks notice to Father, Mother shall also have physical custody of the children on the preceding Friday, in which case Father's make up time shall be Thursday from 4:30 p.m. or earlier to 8:00 p.m. D. Such other times as the parties agree. 5. The parents shall share holidays as set forth in the following chart: HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1 st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"d Half From 3pm on Thanksgiving Day to 6pm the day after Thanksgiving Day Father Christmas 1St Half From 9am on 12/24 to 3pm on 12/25 Father Christmas 2"d Half From 3pm on 12/25 to 3pm on 12/26 Mother Mother's Day From 6pm the evening before the holiday to 6pm the day of the holiday Mother Father's Day From 6pm the evening before the holiday to 6pm the day of the holiday Father Mother Mother Father Mother Father 6. Each parent shall be entitled to two non consecutive weeks of vacation each year. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. Transportation shall be shared with the receiving party transporting, except on Saturday or Sunday when Father shall be responsible for all transportation. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tern ,i*"is Order shall control. BYTHE CO cc: Brian K. Zellner, Esquire, Counsc Melissa P. Greevy, Esquire, Coun! c) W D Cp va 4 b t LCI .K L2, h ' - _ i 9 2008 NICHOLAS W. COLLETTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4785 CIVIL ACTION - LAW MELISSA A. COLLETTE, Defendant : IN CUSTODY MELISSA-ANN COLLETTE, Plaintiff V. NICHOLAS W. COLLETTE, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4881 CIVIL ACTION - LAW IN DIVORCE/CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Chase J. Collette November 28, 2005 Mother Logan M. Collette May 3, 2007 Mother 2 A Conciliation Conference was held in this matter on September 11, 2008, with the following in attendance: The Father, Nicholas W. Collette, with his counsel, Brian K. Zellner, Esquire, and the Mother, Melissa A. Collette, with her counsel, Melissa P. Greevy, Esquire. 3. The parties agreed to an Order in the form as attached. Date aCustody Conciliator k; ENPiSYLVAP IA Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff MELISSA-ANN COLLETTE, n/k/a MELISSA-ANN KELLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4881 CIVIL V. NICHOLAS W. COLLETTE, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw the Claim for Equitable Distribution, as set forth in Count II of the Complaint in Divorce filed on August 14, 2008, in the above referenced matter. NSON, DUFFIE, STEWART & WEIDNER 6^14 /1 13?: \-- Date: ?--J -Melissa Peel Greevy :495061 "'G1 2 Mr; i i31-13DFiLAND COllll ' P E i1N'SYLVAHIA Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff MELISSA-ANN COLLETTE, IN THE COURT OF COMMON PLEAS OF n/k/a MELISSA-ANN KELLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-4881 CIVIL V. CIVIL ACTION - LAW NICHOLAS W. COLLETTE, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: MELISSA-ANN LLETTE, n/k/a MELISSA-ANN KELLY, Plaintiff P EMNSYLVrANIA Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff MELISSA-ANN COLLETTE, IN THE COURT OF COMMON PLEAS OF n/k/a MELISSA-ANN KELLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-4881 CIVIL V. CIVIL ACTION - LAW NICHOLAS W. COLLETTE, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. IA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ` -/ //oq- NIC14 S W. COLL TfE, Defendant :474776 4 r Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com MELISSA-ANN COLLETTE, n/k/a MELISSA-ANN KELLY, Plaintiff V. NICHOLAS W. COLLETTE, Defendant f 1 A J F :1_i , , ?AIjID COUNT"' rIII`ISYLVAINIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4881 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: August 20, 2008 via Acceptance of Service. Filed with the Prothonotary on August 26, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: A by Plaintiff: April 11, 2012; by Defendant: April 9, 2012. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. JOHNSON, D IE, STEWART & WEIDNER Date: By: G Melissa Peel Greevy :495047 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA-ANN COLLETTE, n/k/a MELISSA-ANN KELLY . V. NICHOLAS W. COLLETTE NO. 2008-4881 DIVORCE DECREE AND NOW, >V d?G? , , it is ordered and decreed that MELISSA-ANN COLLETTE, n/k/a MELISSA-ANN KELLY plaintiff, and NICHOLAS W. COLLETTE defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, zAd?_l - 0?,? Att est: J. Prothonotary 5, ie • r2 • d?Y4 Cofy e-opy fv aged 7? Mal ?eol ? c? - -'noevy Johnson, Duffie, Stewart & Weidner By: Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 mpg @jdsw.com NICHOLAS W. COLLETTE, Plaintiff v. MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, Defendant MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, Plaintiff v. NICHOLAS W. COLLETTE, Defendant PETITION TO MODIFY CUSTODY ORDER ill 2004 APR -7 PH 2: 3 C.L`MBE.RLAND CO U TY PENNSYLVANIA Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -4785 CIVIL ACTION — LAW IN CUSTODY * * * * * * * * * * * * * * * * * * * * * * ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -4881 CIVIL ACTION — LAW IN DIVORCE /CUSTODY The Petitioner, MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, hereby files this Petition to Modify this Court's previous Custody Order of September 15, 2008 with regard to the custody of the minor children: Chase J. Collette, born November 28, 2005 and Logan M. Collette, born May 3, 2007. ti_4 4-4 S(p roctout 1. Mother believes and therefore avers that it is in the best interests of the children to modify the Order for the following reasons: A. The parties have altered the schedule set forth in the Order attached hereto, which no longer reflects their current practices. B. It is in Chase's best interests for Father to participate in his therapy and take him to therapy during his periods of partial custody. C. The children should be permitted to participate in their sports- related activities during Father's periods of partial custody. D. The children should be bathed and ready for bed on school nights or, in the alternative, returned earlier so that the children can get to bed at a reasonable time so that they are not tired in the morning when it is time to get up and go to school. 2. The previous Conciliator in this matter was Jacqueline M. Verney. 3. The previous Judge assigned to the matter was the Honorable Edgar B. Bayley. WHEREFORE, Petitioner requests this Honorable Court to modify the custody schedule because it in the best interest of the children. Respectfully submitted, JOHNSON DUFFIE STEWART & WEIDNER Me issa P. Greevy, Esquire I.D. No. 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761 -4540 :571501 VERIFICATION I, MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: MELISSA A. COLLE E N' /K/A MELISSA -A KELLY NICHOLAS W. COLLETTE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. MELISSA A. COLLETTE N /K/A MELISSA —ANN KELLY, DEFENDANT NO. 2008 -4785 CIVIL ACTION - CUSTODY *************,********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MELISSA A. COLLETTE N /K/A MELISSA —ANN KELLY, PLAINTIFF vs. NICHOLAS W. COLLETTE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -4881 CIVIL ACTION — DIVORCE /CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, (Ye_L5sck - G \e. l 11M-e111 , hereby swear or affirm, subject to PRINT NAME penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Yes or No YES NO Crime 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) Self Other household member Date of conviction, Sentence guilty plea, no contest plea or pending charges ❑ ❑ :ms;ID 73 ❑ ❑ T! C'? ?� y c.� 18 Pa.C.S. §2709.1 (relating to stalking) LI 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) • EY#*" 18 Pa.C.S. §2903 Answer Yes or No YES NO • Ey'' O Ey' (relating to false imprisonment) Crime 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) El 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) Self Other household member LI Date of conviction, Sentence guilty plea, no contest plea or pending charges DV • EK/ Answer Yes or No YES NO 18 Pa.C.S. §3127 0 0 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 0 Crime Self 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) El V 18 Pa.C.S. §5903(c) or (d) (relating to obscene & other sexual materials & performances) Other household member O 0 O 0 O 0 O 0 O 0 Date of conviction, Sentence guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ V 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ / 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no contest member plea or pending charges YES NO ❑ ®� 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) ❑ [� Driving under the influence of drugs or alcohol ❑ Dr- Manufacture, sale, delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device ❑ ❑ ❑ ❑ ❑ ❑ 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Answer Self Other Date Yes or No household member YES NO A finding of abuse by a Children & Youth Agency or similar ❑ V agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal /abuse history, please explain: I verify that the statements made in the Criminal Record /Abuse History Verification are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. QLiss.r0nn \LA Printed Name NICHOLAS W COLLETTE, PLAINTIFF VS. MELISSA A.CDLLETTEN/KJA MELISSA —ANN KELLY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY rn ~' ~_ -- . NO 2008^4785 CIVIL ACTION - CUSTODY MELISSA &COLLETTEN/K/A IN THE COURT OF COMMON PLEAS MELISSA —ANN KELLY, PLAINTIFF CUMBERLAND COUNTY NNSYLVANIA vs. NO. 2008-4881 NICHOLAS W. COLLETTE, DEFENDANT CIVIL ACTION — DIVORCE/CUSTODY CRIMINAL RECORD I ABUSE HISTORY VERIFICATION /VI//�L [ � � / � ( �7 � �° / �'TT� , , hereby swear or affirm, subject to PRINT NAME penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the "YES" box next to a crime balow, neither I nor any other member of my household. have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.8. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no contest member plea or pending charges YES NO � _ �� 18Pa.C.S Ch. 25 O (relating to criminal homicide) Fl 18Pa.CS. §2702 (relating to aggravated assault) Fl �� 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 111 18 Pa.C.S. §2903 Answer Yes or No YES NO a (relating to false imprisonment) Crime 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) LI 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) LI 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) LIX 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) CI LI LI Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges LI LI El LI LI 111 LI RI/ Answer Yes or No 18Pa.CS. §3127 (relating to ndecent exposure) 18Pa.C.S. §3129 (relating to sexual intercourse with animal) 18Pa.C_8. §3130 (relating to conduct relating to sex offenders) Crime YES NO [] 18Pa.CS_ §3301 (relating to arso and related offenses) 18PeC.S. §4302 (relating to incest) . (relating to concealing death of child) 18PaC.S. §43O4 (relating to endangering welfare of children) [1 18Pa.C.S. §4305 (relating to dealing in infant children) Li CI Self Other Date af conviction, Sentence household guilty plea, nocontest member plea or pending charges 18Pa.CS. §5302(b) (relating to prostitution and related offenses) V./ 18 Po.C.S. §5003(o) or (d) (relating to obscene & other sexual materials & performances) 18 Pa.C.S.G6301 (relating to corruption of minors) � CI 18Pa.CS. §6312 �l (relating to sexual abuse of children) 18Pa.C.S. §6318 (relating to unlawful contact with minor) Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no contest member plea or pending charges YES NO CI E/. �' 18 Po.aS. §6320 �l (relating to sexual exploitation of children) 23Pa.C.8. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of [i] �l drugs or alcohol Manufacture, sale; delivery, ho|ding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Answer Self Other Date Yes or No household member YES NO A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Proteodon from 0 Abuse Act in Pennsylvania or similar statute in another jurisdiction 111 Other: CI El 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member not a party state that person's nanna, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's househotd has or have a criminal/abuse history, please explain: ! verify that the statements made in the Criminal Record/Abuse History Verification are true and correct to the best of my know|mdgw, information and belief. | understand that faise statements herein are made subject to the penalties of 18 Pa.C.S. §4904 retating to unsworn falsification to authorities and can be punishable by fine or imprisonment. Signature \��4n) �``� ��v-� ` ,. ` Printed Name Date Johnson, Duffie, Stewart & Weidner By: Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 mpg @jdsw.com 2014 APR 214 CLit'P-EiRL A, r) ^r l bi hys for Petitioner NICHOLAS W. COLLETTE, Plaintiff v. MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, Defendant MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, Plaintiff v. NICHOLAS W. COLLETTE, Defendant IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -4785 CIVIL ACTION — LAW IN CUSTODY * * * * * * * * * * * * * * * * * * * * * * ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -4881 CIVIL ACTION — LAW IN DIVORCE /CUSTODY RETURN OF SERVICE AND NOW, thisa day of April, 2014, the undersigned does hereby certify that on April 16, 2014 the Petition to Modify Custody Order, filed on April 7, 2014, Melissa -ann Kelly's Criminal Record /Abuse History Verification, and a blank Criminal Record /Abuse History Verification form were served on Nicholas W. Collette, via certified mail, return receipt requested, addressed to 290 Fieldstone Court, New Cumberland, Pa 17070 -2879. The Return Receipt evidencing service upon Mr. Collette is attached hereto. Respectfully submitted, JOHNSON yLIFFIE ST WART & WEIDNER Melissa P. Greevy, Esquire UNITED STATES POSTAL SERVICE. Date: April 17, 2014 Anne McCullough: The following is in response to your April 17, 2014 request for delivery information on your Certified MaiITM item number 9171969009350056152705. The delivery record shows that this item was delivered on April 16, 2014 at 3:16 pm in NEW CUMBERLAND, PA 17070. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : /1CP- A/1C f) S-7J6 J / Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service CERTIFICATE OF SERVICE VAND NOW this (.47 ay of April, 2014, the -undersigned does hereby certify that she did this date serve a true and correct copy of the within Return of Service, by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the date indicated above, to the following person: Nicholas W. Collette 290 Fieldstone Court New Cumberland, Pa 17070-2879 JOHNSON, DUFFIE, STEWART & WEIDNER Melissa P. Greevy :619203