Loading...
HomeMy WebLinkAbout09-0564Ebonee Sessomes, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Darren Curry Jr., Defendant : NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Ebonee Sessomes, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Ebonee Sessomes, residing at 1350 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Darren Curry Jr., residing at 110 Hembre Forest Circle, Roswell, Fulton County, Georgia 30076. 3. Plaintiff seeks primary custody of: Name Present Residence Age Date of Birth Darren Curry III 110 Hembre Forest Circle 5 1/23/2004 Roswell Georgia 30076 Dayvon Curry 1350 Grandview Court 2 1/4/2007 Carlisle, Pennsylvania 17013 Plaintiff and Defendant are also the biological parents of Darajanea Curry, born April 23, 2002. That child is not the subject of this action, as there is a custody order entered in Dauphin County, Pennsylvania, granting Mother primary physical and shared legal custody of Darajanea. The children were born out of wedlock. The child, Darren Curry III is presently in the temporary physical custody of Defendant, who resides at 110 Hembre Forest Circle, Roswell, Georgia 30076 The child, Dayvon Curry is presently in the custody of Plaintiff, who resides at 1350 Grandview Court, Carlisle, Pennsylvania 17013 During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Darren Curry Jr. 110 Hembre Forest Circle 09/2/2008- Present Valerie Curry Roswell, Georgia 30076* *Only Darren Curry III temporarily resides at this address c. With the exception of Darren Curry III going to visit Defendant in Roswell Georgia, the children have been living with Plaintiff and the children's two sisters, from whom they had never been separated. d. Plaintiff has been the children's primary caretaker for all of the children's life. e. Plaintiff provides the children with a stable home and environment with, adequate moral, emotional, and physical surroundings as required to meet the children's needs. f. Plaintiff has permitted contact between Defendant and the children and will continue to do so. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that the Court of Common Pleas of Cumberland County, Pennsylvania: 1. Pursuant to § 110 of the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. § 5410: a. communicate with the Superior Court of Fulton County, Georgia, to inform that court of its lack of Subject Matter Jurisdiction over this matter, b. ask the Superior Court of Fulton County, Georgia, to stay or dismiss the proceedings in that court and transfer Jurisdiction over Darren Curry III to the Court of Common Pleas of Cumberland County, Pennsylvania 2. grant Mother shared legal custody and primary physical custody of the children, with Father having periods of partial custody. Respectfully submitted, Date: 0210 3101 14 _ di Ann M. Kirby Certified Legal Intern ROBE AT E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 _, 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. < Ebonee Sessomes KinderC ' LEARNING CENTERS 14 Brookwood Avenue Carlisle, PA 17013 To Whom It May Concern: This letter is to inform you that Darren Curry was enrolled here at KinderCare from July 9, 2008 to August 28, 2008. If you have any further questions please contact our center at (717)249-0881. Thank you, ?? "e, L-) Nicole Nace Exhibit 1 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA ' FAMILY DIVISION Civil Action File No. 2009CV162702 DARREN 0 CURRY JR vs. EBONEE M SESSOMES NOTICE TO ATTEND 30-DAY STATUS CONFERENCE THIS IS AN IMPORTANT COURT NOTICE THAT AFFECTS YOUR RIGHTS.. READ THIS NOTICE CAREFULLY. IF YOU DO NOT UNDERSTAND THIS NOTICE, CONTACT AN ATTORNEY FOR LEGAL ADVICE. DATE AND TIME OF 30-DAY STATUS CONFERENCE: 02/11/2009 at 03:00pm BEFORE THE HONORABLE CYNTHIA D. WRIGHT, JUDGE PLACE OF CONFERENCE: Fulton County Superior Court Justice Center Tower 185 Central Avenue, SW Courtroom 8D Atlanta, Georgia 30303 This conference has been set for a specific time so as not to inconvenience the parties. Please be on time. Failure to appear at the appointed time could result in the dismissal of your case. YOU ARE HEREBY NOTIFIED THAT: 1. In contested cases, all parties, and their attorneys, if they are represented by counsel, shall appear at the time and place designated above for a 30-Day Status Conference. 2. In uncontested cases in which an Aclmowledgment of Service form, Consent to Trial in 31 Days form, Child Support Worksheets (if applicable), and a Settlement Agreement (if applicable), Parent Plan (if applicable), have been filed with the Court, all petitioners, and their attorneys, if they are represented by counsel, shall appear at the time and place designated above for a 30-Day Status Conference, and they may receive the Final Judgment and Decree at that time. 3. Parties and counsel must read and comply with this Notice and the Automatic Domestic Standing Order. Additionally, if the case is contested, each party must read the attached information about the 30-Day Conference, and must complete and bring to the 30-Day Conference the Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and all requested documents pursuant to the Required Documents To Be Produced form. FURTHER NOTICE that in the absence of good cause shown, failure to appear at and participate in good faith in the 30 Day Status Conference could result in the entry of a final judgment if the case is ripe for judgment, or imposition of sanctions or penalties provided by statute, rule, or authority of the Court, including: 1)a finding of contempt by the Court; 2)taxation of costs or attorney's fees; 3)dismissal of the case; and/or - • 0. .? IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Civil Action File No: o? o o g? 2 Petitioner: 702 I and Respondent: Judge's: PETITION FOR LEGITIMATION, CUSTODY AND/ OR VISITATION The Petition of XcwR EU (- JR tv4d (_? R.?R`-( J? respectfully shows to the Court the following facts: 1. Petitioner shows that he is a resident of--P-o L-ro 0 County, Georgia and that he is th child(ren) born out of wedlock with the following names and birth dates:' ,V FYr Full Name Male/Female Sigh Date _ ARREtl7ORLAtot;-1pIr et_E 1 I'2-3 10 -? r 2. (Choose A or B.) IA) The Respondent/Mother of said child(ren), of is a resident County, Georgia, and is subject to the jurisdiction of this Court. (Choose one) The Respondent/Mother may be personally served at her residence of l C-sQQ,??y1Ev? ?`. CAQtiiSr--- -A 1"aID13 OR ? 2) The Respondent/Mother has signed an Acknowledgment of Service form.. The, signed and notarized form is attached as Exhibit " OR ? 3) The Respondent/Mother resides in a different County/State from the Petitioner, but has waived venuehurisdiction. The signed and notarized form is attached as Exhibit ? B) The whereabouts of the mother are unknown and she must be served by publication as is provided by law in such situations. An Affidavit of Diligent Search is attached hereto as Exhibit" ° Pnfifinn fni I nnifimafinn l:jjefnrh` 2 nrf Viaitafinn Dann 1 nf4 3. Choose one. ? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said child(ren) and to the physical and legal custody being awarded to Plaintiff. Her consent is attached hereto as Exhibit " OR ? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said child(ren) and to visitation by the Plaintiff. OR ? The Respondent/Mother of said child(ren) is deceased, having died on . A copy of her death certificate is attached hereto as Exhibit ° OR ? There. is no other legal parent of this child(ren), and the child(ren) hasthave no legal guardian. OR ? None of the above. 4. Petitioner desires that the surname of said child(ren) be changed to , that said child(ren)'s name(s) be changed on the birth record of the child(ren), and that Petitioner's name be entered as father on the birth record of the child(ren). Petitioner further requests that the Department of Vital Statistics be ordered and directed to amend the birth records of said child(ren) and to reissue a birth certificate showing Petitioner, as father and changing the child(ren)'s last name(s) to Petitioner's last name: 5. Petitioner shows that he has had physical custody of the minor child(ren) since (fill in the date) 9, f 2.00fs . The child(ren) came to live with him because yA np& n r- v= Petitioner is a fit and proper person to have legal custody of the minor child(ren) . It is in the best interest of the minor child(ren) to have their legal custody placed with Petitioner. Petitioner is entitled to the physical and legal custody of said child(ren). 6. In the attemativie, Petitioner shows that it is in the best interest of the minor child(ren) that he be awarded visitation with them. 7. Petitioner requests that the issue of child support be considered and decided by this Court. WHEREFORE, Petitioner prays: a) That the Court enter an Order legitimating the child(ren) named in the Petition, causing the sumame(s) of said child(ren) to be changed to , and that the records of birth of said child(ren) be changed to show the name of the father as Petitioner, to wit, , so henceforth said child(ren) will be the recognized and legitimate child(ren) of the Petitioner That Petitioner be granted legal and physical custody of the child(ren); and P&Winn fnr i oni4imafinn r.isafnthi antilnr Mai/28nn Pano i ^V) a R 1 C) in the aftemative, that Petitioner be granted visitation with the minor child(ren); d) That the issue of child support be determined by this Court; e) That a Rule Nisi issue directing the Respondent to show cause why Petitioner's prayers should not be granted; f) ? That Respondent be served with a copy of this Petition and Court Order. OR ? Mother/Respondent has signed an Acknowledgment of Service. g) That Petitioner be granted such other and further relief as the Court deems proper. M day of AN v VN R*'A This the q [date] [month] [Ye8fl (Sign your na Pro Se Petitioner's name (print or type): AR Petitioner's address: l t0 tie maR4-o Res f?iRC_? ?. Petitioner's telephone number kp-A ) ` ck 4 -4 40 N Pafifinn fnr I anifimafinn ri iafMw anrflnr Maifafinn Para Z of I IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitionsr:? A(t,fLE n?i7.v?c ?CtJ?.??? and Respondent: E SSUME- VERIFICATION Civil Action File No: Z (7 U a CV1 fU2? 02 I1 ?ARRFJJcc_?R.?' , personally appeared before the undersigned Notary Public, and say under oath that I am the (check one:) Petitioner ? Respondent in the above-styled action and that the facts stated in the . L r,-- G i-T t rn **-r, o t0 are true and correct. This the day of '71-,me+r. . "Z. [date] [month] [year] d/l . (Sign your name here in t Name (print or type): Address: -w--, 1-4 Telephone number: t and bed before me, this 09 C y of AFiI PUBLIC My Commission Expires: (Notary Sean Notary Public, Fayette Courr,.Geo gw My Commission Expires March 09, 2010 Verification Form Page 1 of 1 0 2005 Fulton County Superior Court Family Division IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA 136 PRYOR STREET, ROOM C-103, ATLANTA, GEORGIA 30303 SUMMONS Case No.: 20c) - [ " / / 62 102- Plaintiff, vs. Defendant TO THE ABOVE NAMED DEFENDANT(S): r L 2 1?1 0? Your are hereby summoned and required to file with the Clerk of said Court and serve upon plaintiff's attorney, whose name and address is: llb t?Eri,t3R fi egr C1RC.L_E- wE t? t C? A "too 151,:? An answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT. This 1 day of , 20 To defendant upon whom this petition is served: This copy of complaint and summons was served upon you_ Honorable Cathelene "Tina" Robinson Clerk of Superior Court A By w V 4? q Dep ty Clerk 20 Deputy Sherriff Instructions: Attach addendum sheet for additional parties if needed, make notation on this sheet if addendum is used DOMESTIC RELATIONS INITIATION PACKET FULTON COUNTY SUPERIOR COURT FAMILY DIVISION Your case has been assigned to the Superior Court of Fulton County Family Division. You are ORDERED to attend a 30-day status conference with a Family Division Judge. This is your Domestic Relations Initiation Packet. You are responsible for serving the respondent with a copy of this packet by any statutory method of Service: 1.) Sheriff's Service, 2.) Special Process Service or 3.) Acknowledgment or Certificate of Service to be filed with the Court YOU ARE RESPONSIBLE FOR READING THE INFORMATION ABOUT THE 30-DAY STATUS CONFERENCE which is included in this packet. It is mandatory that you complete the Domestic Intake Worksheet and bring it to the 30-day status conference. The following documents are included in this packet: • Automatic Domestic Standing Order • Domestic Relations Case Filing Form • Domestic Intake Worksheet • Information About the 30-day status conference and the 60-day status conference • Information About a Request to Postpone or Reschedule a Status Conference • Domestic Relations Financial Affidavit 4EM • Answer to Interrogatories ? tW ? or dw • Required Documents to be Produced 4$m Ckrk of s"Miw CORM a.ii avidm • 30 and 60-day Joint Compliance Certificate • 30-day Joint Compliance Worksheet • Proposed Pre-Trial Order • Child Support' Addendum • Final Agreement • Scheduling Order • Consolidated Scheduling Order • Vital Records Form (for the Office of the Clerk of Superior Court's Civil Division, please file once a Final Order is entered.) • Resource Information Sheet Copies of all pleadings and correspondence to the Court, including return of service and acknowledgment of service forms shall be served upon the case manager for the Family Division Judge to whom your case is assigned, in the same manner which service is made upon the opposing party. * * WHEN FILING YOUR COMPLAINT YOU MUST BRING THE ORIGINAL AND A PHOTO COPY TO THE CLERK OF SUPERIOR COURT OFFICE, CIVIL DIVISION. THE CLERKS' OFFICE IS LOCATED AT 136 PRYOR STREET, SUITE C-103. Instructions for Emergency Hearings 1.) Prepare your written motion explaining why you need an emergency hearing. Prepare a Nisi Order for the Judge's signature. 2.) Contact the Case Manager for the Judge to whom your case is assigned to request an emergency hearing. The Motion for an Emergency Hearing and approved Nisi Order mu be attached to the service Form . copy IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA AIL Q { N-FFI1;E FAMILY DIVISION NOV 16 2004 Petitioner ) DEpUT;&?Mgff?COURT. Civil Action File No. and } } Respondent ) AUTOMATIC DOMESTIC STANDING ORDER 1. This Order shall bind the parties in the above-styled action, their agents, servants, employees and all other persons acting in concert with the parties in all civil actions assigned to the Family Division of the Superior Court of Fulton County unless the type of action to which a paragraph applies is specifically limited herein. 2. Each party is hereby required to complete the Domestic Intake Worksheet, and return it to the Family Division. 3. Each party to a case involving an original question of custody of minor children (not contempt or modification) is hereby enjoined and restrained from causing or permitting the minor child(ren) of the parties to be removed from the jurisdiction of this court. 4. Each party is hereby enjoined and restrained from doing, or attempting to do, or threatening to do, any act injuring, maltreating, vilifying, molesting, or harassing the adverse party or the child(ren) of the parties. BOOK PAGE 95634 - 226 11. All attorneys entering an appearance in the Family Division of the Superior Court of Fulton County shall attend at least one seminar which has been authorized by this Court as a sufficient informational seminar or shall view at least one authorized reproduction of the same or shall read the entire materials from such a seminar. 12. All parties and attorneys entering an appearance in the Family Division of the Superior Court shall abide by the rules of the Family Division as promulgated by this Court. A copy of all such rules shall be made available by the Clerk upon request. 13. This Order shall apply to all domestic civil actions (as defined by O.C.G.A. a 19-1-1) which are assigned to the Family Division of the Superior Court of Fulton County and shall be the Standing Order'until further order of this Court. 14. Failure to follow a Court order, unless substantially justified, may result in sanctions or penalties as provided by statute, rule or authority 'of the court, including a finding of contempt by the Court; taxation of costs or attorneys' fee; and/or the imposition. of monetary or other sanctions. SO ORDERED this -day of 200 s; fe udge Fulton County Superior Court Atlanta Judicial Circuit BOOK PAGE 05034 22,28 11 1 Domestic Relations Case Filing Information Form Superior Court: County Docket # Petitioner (s) Lost First Middle L Suffix Prefix Maiden Date Filed MM-DD-YYYY Last First Middle 1. Suffix Prefix Maiden Last First Middle L Suffix Prefix Maiden Petitioner's Attorney ? Pro Se (Check here if you are representing yourself) Bar # Last First Middle 1. Suffix Case Type (one or more) ? Divorce (includes annulment) 0 Separate. Maintenance 0 Adoption 0 Paternity (includes legitimation) 0 Domestication of Foreign Custody Decree 0 Family Violence Act Petition Modification 0 Modification-Custody and/or Visitation ? Modification-Child Support and Alimony 0 Modification-Child Support ? Modification-Alimony Contempt 0 Contempt-Custody and/or Visitation 0 Contempt-Child Support and Alimony ? Contempt-Child Support ? Contempt-Alimony 0 Other Domestic Contempt 0 Other Domestic Relations Specify Respondent (s) Last First Middle 1. sum, Prefix Maiden Is Case Uncontested or Contested? ? UNCONTESTED A. 1. Acknowledgment of Service/Wavier of Venue signed and notarized by respondent? 0 Yes 0 No 2. Consent to try signed and notarized by both parties? 0 Yes 0 No 3. Separation Agreement/Settlement Agreement (if children or property are involved), signed and notarized by both parties? 0 Yes 0 No OR B. Divorce by publication with affidavit of diligent search? 0 Yes 0 No ? CONTESTED Family Violence . Additional Information - Ex Parte Relief Did the initial pleading include a request for relief? I . From alleged family violence ? ? Yes ? No 2. Was ex parte relief requested ? 0 Yes 0 No 3. Was ex pane relief granted ? D Yes ? No DOMESTIC INTAKE WORKSHEET Style of Case: Case Number: Date of Filing, Judge Assigned to Case: _ Part A-- PetRfoner: Address: Information About the Parties Name(s) Street Address County City State Zip Telephone Number. Date of birth: Petitioner's Aitomey: Attorney's Address: Sheet Address Attorney's Telephone Number. Respondent: Address: Name(s) City state Zip Street Address County City . State Zip . Telephone Number- Home Work Date of firth: tespondent's Attorney: Name ?itorney's Address: Street Address City State ZIP ftorney's Telephone Number. = YOUR CASE IS ASSIGNED TO THE FAMILY DIVISION, IT IS MANDATORY THAT YOU COMPLETE AND ETURN THIS WORKSHEET AT YOUR 30-DAY SCHEDULING CONFERENCE. IF YOUR CASE IS NOT ASSIGNED TO yE FAMILY DIVISION, PLEASE COMPLETE AS SOON AS POSSIBLE AND RETURN TO THE FULTON COUNTY YPERIOR COURT FAMILY DIVISION, 136 PRYOR ST., SUITE C-826, ATLANTA, GEORGIA 30303. Last rcvised 6/8107 Home Work Name part ._ Information About the Current Case and Related Cases NUMSEk OF CHILDREN: NAMES OF CHILDREN: Current Cialm(s)Jissue(s)/Allegation(s): a Divorce 0 Legitimation o Adoption n Child Custody n Family Violence n Guardlanship Visitation p Child Abuse ? Substance Abuse 0 o Child Support o URESA o Other Issues: Patemil p DHR y O Is there currently pending In any other Fulton County Court a case or cases involving the petitioner, respondent, or any minor children of the relationship? o Yes ? No N yes, please list the Court, Case number, and style of case below. cow Case Number We of Case _M.__a ctnttial INFORMATION ABOUT TIC 04MY SCHEDULING CONFERENCE AND 60-DAY SCHEDULING CONFERENCE 1. Timeliness: Do not be late for either conference or you shall be considered as having FAILED TO APPEAR YOUR FAILURE TO APPEAR MAY RESULT IN THE FINAL DISPOSITION OF YOUR CASE. 2. Postponing or Rescheduling the Conferences: A conference will only be postponed and rescheduled for specific reasons. Requests for postponement that are received by the case manager at least two (2) weeks before the status conference date are more likely to be granted. See the attached information about a Request to Postpone or Reschedule a 30-Day Scheduling Conference or 60-Day Scheduling Conference 3. "Families in Transition" Seminar. If your legal action involves minor children, you must attend and complete the "Families in Transition" Seminar before the 30-Day Scheduling Conference. Information about these seminars is in the Domestic Relations Initiation Packet. Call the Family Division at 404/30- 4618, or go to the website at www.fuhonfamilydivision.com to obtain information on the Seminar. 4. What will happen at the 30 Day Scheduling Conference? The conference officers will talk with both parties about the case, including the areas on which the parties agree and disagree. Then the conference officer will tell the parties what court procedures come next, and by when they must be done. A. Settlement: If the parties agree about everything in the Court case, the conference officer will confirm the agreement with the parties and a final divorce hearing will be convened or scheduled. If the parties agree to some of the issues, then a Temporary Consent Order may be entered. B. Set the Case for a Temporary Hearing: If the parties agree on many things but there are still a few matters to resolve on a temporary basis, for example child custody, the conference officer will inform the case manager that the case is ready for a short hearing in front of the Judge. C. Mediation: If it appears that a mediator could help the parties, the conference officer will immediately refer the case to a trained, on-site mediator to work with the parties on the disputed issues. Depending on the case, this referral might result in a full resolution of the case, or the parties might be instructed to return to the conference officer to work on the issues that remain. D. Future Schedule: At the conclusion of this conference and/or temporary hearing, a Consolidated Scheduling Order shall be filed with the Court. 5. What to Bring to The 30-Day Scheduling Conference: Bring with you the completed Domestic Intake Worksheet and, if applicable, the completed Domestic Relations Financial Affidavit, Answers to Interrogatories, Child Support Worksheet and Schedules, and the documents in response to Required Documents To Be Produced. This will help you be prepared for your 30-Day Scheduling Conference and reduce the number of times you will be required to come to cows All these forms are in the Domestic Relation Initiation Packet. Call the Family Division at 404224-0505, or go to the website at www.ft tonf1=1ydivi*mcom to obtain a packet. Be prepared for your 30-Day Scheduling Conference, because if you are not, you will have to come back ?to Court. 6. What will happen at the 60-Day Scheduling Conference? At the 60-Day Scheduling Conference, the parties will discuss and attempt to agree upon pertinent issues which have remained unresolved since the 30-Day Scheduling Conference and any hearing that may have occurred at that time or soon thereafter. This does not allow the parties to raise issues which were resolved at the 30-Day Scheduling Conference or the hearing unless they can convince the Judge of the necessity of revisiting an issue which was previously resolved. At the conclusion of the 60-Day Scheduling Conference, a Temporary Order and Consolidated Scheduling Order may be entered. As with the 30-Day Scheduling Conference, the conference officer will talk with both parties about the case and again discuss with the parties what court procedures they must do next, and by when they must do them. The same procedures as listed in 4A through D above will also be available for the parties at the 60-Day Scheduling Conference, except that any hearings will likely not include matters which were previously heard by the Court at an earlier hearing. INFORMATION ABOUT A REQUEST TO POSTPONE QR RESCHEDULE A SCHEDULING CONFERENCE A. PROCEDURE TO REQUEST A RESCHEDULING OR POSTPONEMENT 1. Written Request: The party or lawyer who initiates a postponement and rescheduling of a conference must provide a written request to the case manager by fax, mail or hand delivery that clearly states on its face the date of the request, case number(s), the parties in the case, the date and time of the scheduled conference, the case manager's name, reasons for the .request, the date on which the requesting party first learned of the need to ask for a postponement, and any other information deemed material to the request. 2. Copy to other side: The party or lawyer who requests the postponement must show on the face of the written request that a copy was mailed, delivered, or faxed to the other party or attorney, and the date the copy was so provided. B. REASONS FOR POSTPONEMENT AND TIME REQUIREMENTS FOR REQUEST: 1. Requests made more than two (2) weeks. before the scheduled conference date: A conference may be postponed or rescheduled 2 weeks in advance for the following reasons: a) Mediation or arbitration in the case is scheduled, b) A party or a lawyer has a planned vacation, Continuing Legal Education, religious or other holiday, or other significant personal event such as graduation, a wedding, etc. c) Another court event such as a hearing, trial, or deposition is already scheduled and/or takes priority pursuant to the Uniform Superior Court Rules. 2. Request made less than ten (10) days before the scheduled conference: A conference will not be postponed or rescheduled with less than ten (10) days advance notice except for the following reasons: a) Another court appearance that was set within the ten (10) days before the conference and that takes priority pursuant to the Uniform Superior Court Rules. b) An unexpected event occurs that affects or involves a party, lawyer, or immediate family member, such as serious illness, serious accident, death or unexpected emergency. C. CONSEQUENCE OF FAILURE TO APPEAR AT A CONFERENCE: If request for postponement or rescheduling is denied or not approved before the scheduled conference and a party or lawyer fails to appear at a conference as scheduled, sanctions or penalties as noted in the Order to Appear at the 30-Day Scheduling Conference may be imposed, including final disposition of the case. Revised 618107 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, CIVIL ACTION FILE V. : • NO. Respondent. DOMESTIC RELATIONS FINANCLAL AFFIDAVIT You are required to make to the Court, under oath, a FULL DISCLOSURE of your income, net worth and financial condition on this form. Fill out each and every section of this form. If something does not apply to your situation, write, "N/A". 1. Your Name: DOB Address: County: City: State: Zip Coder Spouse's Name: DOB Address County: City: State: Zip Code: Date of Marriage: Date of Separation: Names and birth dates of children for whom support is to be determined in this action: Names and birth dates of your other children who are living with you: Names and birth dates of the children for which you are obligated to pay support by a courtorder: 2. EMPLOYMENT AND INCOME Occupation: Employed By: Number of exemptions claimed: Pay period (ie, weekly, monthly, etc.) If you are employed, but expecting soon to become unemployed or change jobs, describe the change you expect and why and how it will affect your income. If currently unemployed, describe your efforts to find employment, how soon you expect to be employed, and the pay you expect to receive: EXCEPT IN PROCEEDINGS FOR ADOPTION, ENFORCEMENT, CONTEMPT, AND INJUNCTIONS FOR DOMESTIC OR REPEAT VIOLENCE, ALL OF THE FOLLOWING MUST BE ATTACHED TO THE COPY OF THIS FINANCIAL AFFIDAVIT SERVED ON THE OPPOSING PARTY. THE ATTACHMENTS SHALL NOT BE FILED WITH THE COURT. Your three (3) most recent pay stubs, your three (3) most recent Federal and State tax retums, and the most recent W-2 forms. If last year's Federal income tax return has not yet been filed, attach W-2s, 1099s, K- I s, and any other document to be attached to your tax return. If the attachments are not made to the copy served on the opposing party,. an explanation is required. 3. SUMMARY OF YOUR INCOME AND NEEDS (a) Gross monthly income (from Item 4A) (b) Total income taxes paid on above income (Incl. Fed., State and FICA) (c) Net monthly income (from Item 4C) (d) Expenses Average monthly expenses (Item 5A) Monthly payments to creditors (Item 5B) TOTAL monthly expenses and payments to creditors (Item 5C) Domestic Relations Financial Affidavit Fulton County Family Division 4. YOUR MONTHLY INCOME A. Gross Income (All income whether earned or unearned, from any source, must be entered based on monthly average regardless of date of receipt. Salary or Wages $ Bonuses, Commissions, Allowances, Fees, Overtime, Tips and similar payments (based on past 12-month average or time of employment if less than 1 year) $ Income from sources such as self- employment, partnership, close corporations and independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) ATTACH SHEET ITEMIZING YOUR CALCULATIONS. $ Severance Pay $ Disability/Unemployment/Worker's Compensation $ Recurring Income from Pension and Retirement Plans or Annuity payments $ Social Security benefits $ Other public benefits (do NOT include means tested public assistance such as TANF or food stamps) $ Spousal or child support from people not in this case $ Interest and Dividends $ Rental income (gross receipts minus ordinary and necessary expenses required to produce income) ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ Reimbursed expenses and In kind payments to the extent they reduce personal living expenses $ Fringe Benefits (if significantly reduce living expenses) $ Income from Royalties, Trusts or Estates $ Capital Gains or Gains derived from dealing in property (not including non-recurring gains) $ Prizes/Lottery Winnings $ Gifts (cash or other liquid assets or which.can be converted to cash) $ Judgments from Personal Injury or other civil cases where cash is received on a recurring basis $ Assets used for support of family $ Other income of a recurring nature (specify source) $ Gross Monthly Income $ Domestic Relations Financial Affidavit Fulton County Family Division B. Benefits of Employment List and describe (where requested below) all benefits of employment not deducted from your wages or salary. These are defined as those costs paid directly by your employer on your behalf. Most, if not all, of these benefits are listed below. If a benefit(s) is not listed, fill in "other" and, describe the benefit in the space provided. Automobile Payment $ Allowance $ Gasoline $ Insurance $ Other (Describe) Medical/Dental Expenses $ Insurance .Health $ Life $ Disability $ Other (Describe) Deferred Compensation (Describe) Employer Contribution to Retirement or Stock $ Club Membership $ Reimbursement Expenses (to the extent they reduce personal living expenses and are not included in 4A) (Describe) OTHER (Describe) TOTAL $ C. Net Income Net monthly income from employment (deducting only state and, federal taxes, FICA, and self-employment tax, if applicable) $ 5. YOUR NEEDS A. AVERAGE MONTHLY EXPENSES HOUSEHOLD Residence 1st Mortgage $ 2°d Mortgage $ Domestic Relations Financial Affidavit Fulton County Family Division Equity line of credit Other Property taxes Rent Payments Homeowner/Renter Insurance Condo, maintenance fees/homeowners association fees Electricity Water Gas Garbage and Sewer Telephone Cellular Telephone Repairs and Maintenance Lawn care Pool care Pest control Cable television Burglar alarm/security system Miscellaneous household and grocery items Meals outside home Pets: grooming veterinarian food Drugstore items Service contracts on appliances Domestic help Internet Other (Attach sheet) AUTOMOBILE Gasoline and Oil Repairs Auto tags and License Insurance Alternative transportation (bus, public transportation, etc.) Tolls and parking OTHER VEHICLES, BOATS, TRAILERS Gasoline and Oil Repairs Tags and License $ $ Meals outside home Domestic Relations Financial AAdavit Fulton County Family Division Insurance Other (Attach sheet) OTHER EXPENSES Life Insurance Disability Insurance Dry cleaning and laundry Grooming Clothing Medical/dental (out of pocket/uncovered expenses) Prescriptions (out of pocket/uncovered expenses) Gifts (special holidays) Entertainment Vacations Travel expenses necessary for parenting time/visitation Retirement/401 -K Contributions Publications School alumni dues Union dues Club membership dues and expenses Religious and charities Professional expenses (other than this proceeding) Bank charges/credit card fees Miscellaneous (attach sheet) Other (attach sheet) Alimony paid to former spouse(s) Child support paid for other children (Date of initial order: County and State: Case number: CHILDREN'S EXPENSES (Per child) Child care- school year Child care- summer School tuition School uniform Other school expenses Private lessons (e.g. music, dance, etc) Tutoring Lunch money NAME NAME NAME $ NAME $ Domestic Relations Finatkiai Affidavit Fulton County Family Division Allowances $ Clothing $ Cellular telephone $ Medical/dental (out of pocket/ uncovered expenses $ Psychiatric/psychological/ counseling (out of pocket/ uncovered expenses) $ Prescriptions (out of pocket/ uncovered expenses) $ Grooming $,i Gifts from children to others $ Entertainment $ Toys $ Books/Publications $ Summer camps $ Sports and extracurricular activities $ Other (attach sheet) $ Sub-total Child(ren) Expenses INSURANCE Health Total $ Child(ren) portion $ Dental Total $ Child(ren) portion $ Vision Total $ Child(ren) portion $ Life Insurance on child(ren)'s life only $ Other (specify) $ Sub-total Cbild(ren)'s Insurance TOTAL AVERAGE MONTHLY EXPENSES (Section A) S Domestic Relations Financial Affidavit Fulton County Family Division B. PAYMENTS TO CREDITORS Account 4 Monthly To Whom Mast 4 digits) Balance Due Payments Name(s)on Account TOTAL (Section B) S $ C. TOTAL MONTHLY EXPENSES AND PAYMENTS TO CREDITORS S 6. ASSETS (If you claim or agree that all or part of an asset is non-marital, indicate the non-marital portion under the appropriate spouse's column. "Non-marital" means your spouse or you had this asset before the marriage or received it by personal gift or inheritance during the marriage. The total value of each asset must be listed in the "value" column. "Value" means what you believe to be the fair market value of the item or property. ACCOUNT(S) ACCOUNT # VALUE HUSBAND'S WIFE'S NAME (last 4 digits) Non-Marital Non-Marital RETIREMENT ACCOUNTS: 441-K Pension IRA Other NON-RETIREMENT ACCOUNTS: Stocks Bonds CDs Investments Money Market Cash on hand Other accounts (Describe) Domestic Relations Financial Affidavit Fuhon County Family Division BANK ACCOUNTS: 12 month Average Current Name(s) on the Name of Bank Account Number Balance Balance Account (only last 4 digits) Savings Checking Checking Checking Custodial Custodial Other REAL ESTATE: HUSBAND'S. WIFE'S Non-Marital Non-Marital Home: Value Outstanding Loan balances Equity (Certified fair market value minus loan balances) Other real estate: Name/Description 1) Value Outstanding Loan balances Equity 2) Value Outstanding Loan balances Equity 3) Value Outstanding Loan balances Equity Money owed to you Tax refund due Life insurance (cash surrender value) Furniture/furni shings Jewelry Collectibles Other VALUE HUSBAND'S WIFE'S Non-Marital Nan-Marital Domestic Relations Financial Affidavit Fulton Comity Family Division MOTOR VEHICLES: Year, Make and Model Value I) 2) 3) Names(s) on title/Name(s) on loan/lease account OTHER ASSETS Are there any other assets, interest in assets or employment benefits that your spouse or you have of a value greater than S999? If so, list your other assets here, (describe the asset, state your estimate of the current.fair market value and any amount you contend to be your spouse or your non-marital interest): NOTE: BUSINESS INTERESTS- see required attached form labeled "Business Interests" o Check if Business Interests form is attached Domestic Relations Financial /affidavit Fulton County Fan ily Division BUSINESS INTERESTS The term. "Business" for purposes of this form and your disclosure includes any business entity or business operation of any kind in which you have any claim or ownership interest including, without limitation, your claim or interest in any sole proprietorship, partnership, limited partnership, limited liability company, joint venture, syndicate, closely held corporation, sub-chapter S corporation or any other type of business entity in Georgia or any other jurisdiction. For each Business in which you have any claim, interest or ownership, list separately and completely the information in the form below and produce the documents required in this section. Leal moot of Business (and Win if any) Type of business entity O e. Sub-S Corp., C Corp., LLC, L,LP, Partnership, Sole Proprietorship eta) Business activity Percentage of ownersbip Date business interest acquired Estimated bir market value of awatral ip interest Percentage of colad interest that is son. marital For each Business Interest you have listed above, attach copies of corporate or partnership income tax returns for the last three years; and attach annual financial statements for the last full year as well as financial statements from the end of the last full year until the present. The term "financial statements" includes, at a mieimam, income and profit and loss statements and balance sheets showing assets and liabilities including without limitation current accounts receivable and payable. For the last three years, for sole proprietorsbips, produce your IRS Schedule C forms with your Form 1040 personal tax returns. Also produce related bank account records as well as statements of income, expenses, and current accounts receivable and payable. Domestic Relations F'mareiW Affidavit Fuhon Cowq Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, ) and ) } Respondent. ) } Civil Action File No. ANSWERS TO INTERROGATORIES No later than thirty (30) days from the filing of the Complaint, each parry is required to serve answers to these Interrogatories to the other party in any proceeding for request of temporary relief or permanent financial relief including, but not limited to, a request for support, alimony, equitable division of property, attorney's fees or other financial payments and to file a certificate indicating that the Answers to Interrogatories were served, the date of service, and the persons served. Where the answer to an interrogatory may be derived, or explained from business records of the party required to answer these Interrogatories or from an examination, audit or inspection of business records, or from a compilation, abstract, or summary based on records, and the burden of deriving or explaining the answer is substantially the same for the party answering these Interrogatories, it is, sufficient to answer the interrogatory by identifying and attaching the records which explain or provide the answer: 1. BACKGROUND INFORMATION: a. State your full legal name and any other name by which you have been known: b. State your present residence and employment or business addresses and telephone numbers: C. State the name, age and relationship to you of each person residing at your present address: d. List all business, commercial, and professional licenses which you now hold or which you have held in the last three (3) years: Answers to Interrogatories Fulton County Family Division e. List all of your education after high school, including but not limited to, vocational or specialized training, including the following: Name and address of each educational institution. Dates of attendance. Degrees or certificates obtained. 2. EMPLOYMENT: For each place of your employment or self-employment during the last three (3) years, state the following information: Name, address, and telephone number of your employer Dates of employ- ment Job title and brief description of job duties Starting and ending salaries Name of your direct supervisor NOTE: If you have been unemployed at any time during the last three (3) years, show the dates of unemployment. If you have not been employed at any time in the last three '(3) years, give the requested information for your last period of employment. Answers to Interrogatories Fulton County Family Division 3. INCOME: a. For each of the last three (3) years, state the following information: Each source of your income The amount of income you received from each source, including earned, passive, and investment income and capital gains. b. For each of your present employment, self-employment, business, commercial, or professional activities, state the following information: Type of How often An itemization of your Any additional employment and on what gross salary, wages, and compensation or expense days you are income, and all reimbursement, paid. deductions from that including, but not limited gross salary, wages, and to, overtime, bonuses, income. profit sharing, insurance, expense account, automobile or automobile allowance that you have received or anticipate receiving. 4. CLAIM OF NON-MARITAL PROPERTY INTEREST: Do you own personal or real property or sums of money which you claim as your separate or non-marital property? If so, please describe the property in detail and explain with Answers to ]nterrogworics Fulton County Family Division specificity why you believe that it constitutes your separate or non-marital property. "Non- marital" means you had this asset before the marriage or received it by personal gift or inheritance during the marriage. List the total value of each asset. "Value" means what you believe to be the fair market value of the item or property: 5. PROPERTY HELD BY OTHERS Is there any property held by any third party over which you have any control? If your answer is yes, indicate whether the property is shown on the Financial Assets completed by you. If it is not, describe and identify each such asset and state its present value and the basis for your valuation. Also, identify the person holding the asset. Asset Present Value Basis of Valuation Person Holding Asset 6. INSURANCE a. Identify each health, life, automobile, and disability insurance policy or plan that you now own or that covers you, your children, or your assets. State the policy type, policy number and name of company. Identify the agent and give the address. Policy Type , Policy Number Name of Insurance Agent & Address Company b. State the amount you pay for life insurance premiums on your life for the benefit for the amount of child(ren) involved in this case. 7. CHILDREN'S EXPENSES Where applicable, state the regular cost, on a monthly basis, of the following child related expenses incurred on behalf of the child(ren). If any of these expenses did not incur prior to Answers to Interrogatories Felton County Family Division six (6) months before the filing of this action, state when responsibility for the payment began. a. Child care costs related to your work or employment b. Private school and extra ordinary .educational expenses c. Tutoring and private lessons d. Extracurricular activities e. Summer and sports camps f. The portion of health insurance premium payments for child(ren) only g. Child(ren's) extraordinary medical expenses 'h. Health care expenses not covered or paid by the insurance carrier, including co pays and deductibles i. Your reasonable and necessary travel expenses for exercising parenting time/visitation time with your children, and the month and year you began paying these expenses. 8. GIFTS List any gifts you have made without the consent of your spouse in the past twenty-four (24) months, their value and the recipients. Description of Gift Value Recipient 9. AGREEMENTS Did your spouse and you make any written agreements before or during your marriage or after your separation that affect the disposition of assets, debts, or support in this proceeding? If your answer is yes, for each agreement, state the dates made, and attach a copy of the agreement. 10. LEGAL ACTIONS Are you a party or do you anticipate being a party to any legal or administrative proceeding other than this action? If your answer is yes, state your role and the name, jurisdiction, case Answers to Interrogatories Fulton County Family Division number, and a brief description of each proceeding. Your Role Case Name Jurisdiction Case Number Brief Description lI. HEALTH Is there any physical or emotional condition that limits your ability to work? If your answer is yes, state each fact on which you base your answer. 12. CHILDREN'S NEEDS Do you contend your children have any special needs? If so, identify the child with the need, the reason for the need, its cost, and its expected duration. Child's Name Cost Expected Duration Describe the special needs: 13. OTHER CHILDREN IN THE HOUSEHOLD Are there any minor children living in the family household that you have a legal duty to support (not to include step-children) but are not the children of both parties in this Answers to Interrogatories Fulton County Family Division proceeding? If you enter yes, state the name of the-child; date of birth and the name of the child's other parent. Child's Name Date of Birth Name of Other Parent 14. CHILD CARE PLANS In the event you receive custody of your children as you have requested, please state in detail your anticipated plans for child care when you are working and the child is not in school or with your spouse. Ansvws to lmerMatories Fulton County Family Division I AM AWARE THAT ANY FALSE. STATEMENT KNOWINGLY MADE BY ME WITH THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY FOR PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE COURT. I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND FULL DISCLOSURE OF MY FINANCIAL CONDITION. Signature of party signing affidavit Printed name Address Telephone (area code and number) Facsimile (area code and number) STATE OF GEORGIA COUNTY OF Sworn to and subscribed before me on this day of , 200. NOTARY PUBLIC Answers to Interrogatories Fultoo County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION } Petitioner, ) } Civil Action File No. ^ and ) } } Respondent. ) CERTIFICATE OF SERVICE OF ANSWERS TO INTERROGATORIES I CERTIFY THAT THE ANSWERS TO THESE INTERROGATORIES WERE: (check one only) mailed, facsimiled and mailed, or hand delivered to the person(s) listed below on the day of , 200 Party or their attorney if represented: Name Address Telephone No. Facsimile No. DATED: Signature of party or attorney, if party is represented by counsel Printed name Address Telephone (area code and number) Facsimile (area code and number) Answ= to Interrogatories Fuhm county Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, } and } Respondent. ) Civil Action File No. REQUIRED DOCUMENTS TO BE PRODUCED No later than thirty (30) days from the filing of the Complaint, each party shall be required to serve -the following documents to the other party in any proceeding for a request for temporary relief or permanent financial relief including, but not limited to, a request for child support, alimony, equitable division of property, attorney's fees or other financial payments and to file a certificate indicating the Required Documents were served on the other party, the date of service, and the persons served: 1. Domestic Relations Financial Affidavit as provided in the mandated discovery provisions of the Family Division Rules. 2. All federal and state income tax returns, gift tax returns and intangible and personal property tax returns filed by you or on your behalf for the past three (3) years. 3. IRS forms W-2, 1099 and K-1 for the past year, if the income tax return for that year has not been prepared. Also, if the income tax return has not been prepared, a year- ending pay stub received from your employer should be provided. 4. Pay stubs or other evidence of earned income for the twelve (12) months prior to the filing of the action. 5. A statement by you identifying the amount and source of all income received from all sources during the twelve (12) months preceding the filing of this, action if same is not reflected on the pay stubs produced. 6. Evidence of all self-employment income during the twelve (12) months prior to the filing of this action. This shall include, but not be limited to, financial statements, bank statements, statements of accounts receivable and payable, and other Required Documents to be Produced FuNon County family Division documents relating to income from business operations, work as an independent contractor or consultant, sales of goods and services, and rental properties, less ordinary and reasonable expenses necessary to produce self-employment income. 7. Evidence of all rental income received and expenses incurred during the twelve (12) months prior to filing of this action. You may provide an accounting of expenses and payments received that can be verified by other available documentation. 8. Documents and records of all social security payments, disability payments, and retirement benefits received during the twelve (12) months prior to the filing of this action. Your annual statement compiled by the Social security Administration shall be produced. 9. All loan applications and financial statements prepared or used within the three (3) years preceding the filing date of this action, whether used for the purpose of obtaining or attempting to obtain credit for any other purpose. 10. The most recent statement for any liquid fund assets, including, but not limited to, profit-sharing, 401-K, money market, stock and securities, bonds, accounts, retirement and pension plan. 11. Corporate, partnership and trust tax returns for the last three (3) tax years, if you have an interest in a corporation, partnership or trust. 12. All written pre-marital or marital agreements entered into at any time between you and your spouse, whether before or during the marriage. 13. All court orders directing you to pay or receive spousal or child support, even if received from or paid to a third party. You must provide proof that the payments are actually being paid as evidenced by documentation including but not limited to, payment history from a court clerk, a IV-D agency (as defined in O.C.G.A. § 19-6-31), the Child Support Enforcement Agency's computer data base, the child support payment history, canceled checks, or other written proof of payments paid directly by or to the other party. -14. A summary statement that can be supported by other documents or records in your possession or control evidencing the following expenses incurred on behalf of your minor children (for whom support is being determined in this action) during the twelve (12) months preceding the filing of this action: a. Child care costs related to your work or employment b. Private school and extraordinary educational expenses c. Tutoring and private lessons . d.. Extracurricular activities e. Summer and sports camps Rcquired Domments to be Produced Fuhon County Family Division f. Health insurance premium payments (portion for children only) and extraordinary medical expenses g. Health care expenses not covered or paid by insurance carrier (including co pays and deductibles) h. Your reasonable and necessary travel expenses for exercising parenting time/visitation time with your children i. Minor children living in the family household that you have a legal duty to support (not to include step-children) but are not the children of both parties in this action. 15. Proof of payment of life insurance premium payments that you pay on your life for the benefit of the minor children involved in this case. 16. For any business (as defined in the Family Division Domestic Relations Financial Affidavit) in which you have any interest, produce the documents listed below. If any documents are not readily available to you, produce such documents as soon as available and, in any event, within sixty (60) days from the date of filing this action. a. Complete federal, state and other governmental tax returns of any kind for the last three (3) years filed by the Business; and b. Annual balance sheets and profit and loss statements for the most recent three (3) years and quarterly, monthly and "year-to-date" financial statements for the current fiscal year, and c. A statement of current accounts receivable and accounts payable; and d. A statement of all current loans and payables, if any, you owe to the Business and all loans or other payables the Business owes to you; and e. All evaluations or appraisals you have received stating the value of the Business or your interest in the Business during the last three (3) years. Required Documents to be Produced Fulton County Family Division I AM AWARE THAT ANY FALSE STATEMENT KNOWINGLY MADE WITH THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY FOR PERJURY AND MAYBE CONSIDERED A FRAUD UPON THE COURT. I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND FULL DISCLOSURE OF MY FINANCIAL CONDITION. Printed Name Address City State Zip Telephone (area code and number) Facsimile (area code and number) STATE OF GEORGIA COUNTY OF Sworn to and subscribed before me on this day of , 20? NOTARY PUBLIC (Print, type or stamp commissioned name of notary) Required Documents to be Produced Fulton County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, } and } Civil Action File No. ) Respondent. ) CERTIFICATE OF SERVICE OF REQUIRED DOCUMENTS I CERTIFY THAT THE REQUIRED DOCUMENTS TO BE PRODUCED WERE: (check one only) mailed, facsimiled and mailed, or hand delivered to the person(s) listed below on the day of , 200 Party or their attorney if represented: Name Address Telephone No. Facsimile No. DATED: Signature ofparty or attorney, ifparty is represented by counsel Printed name Address Telephone (area code and number) Facsimile (area code and number) Required Documents to be Produced Fulton County Family Division IN THE SUPERIOR COURT OF FULTON. COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, - and Respondent. Civil Action File No. } ) 30-DAY JOINT COMPLIANCE CERTIFICATE The parties agree and show this Court that they have met the requirements to seek the cancellation of the 30-Day Status Conference by attaching hereto: 1) a 30-Day Joint Compliance Worksheet; 2) a completed Domestic Intake Worksheet; 3) a 60-Day Status Conference Order; and 4) two self-addressed, stamped envelopes, with return address for the 60-Day Status Conference Order to be returned to each counsel (or party), and, if applicable, a third envelope for the Guardian ad Litem. Both parties, in compliance with the rules of the Family Division, have exchanged Domestic Relations Financial Affidavits, Child Support Worksheet and Schedules, Answers to Interrogatories and all documents listed in the `Required Documents To Be Produced' or agree to exchange the Affidavit, Child Support Worksheet and Schedules, Answer and Documents by 200_, which is less than twenty (20) days from the date set for the 30-Day Status Conference in this matter. All further discovery will be completed by , 200, subject to the statutory duty to supplement discovery through commencement of trial. 30-Day Joint Compliance Certificate Fulton County Family Division Both parties agree that there are no unresolved issues to be heard by the Court at this time. Signed this day of , 200 Signed this day of , 200. Signature of Party (or Counsel) Signature of Party (or Counsel) 30-Day Joint Compliance Certificate Fulton County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, and 51 Respondent. Civil Action File No. 60-DAY JOINT COMPLIANCE CERTIFICATE The parties agree and show this Court that they have met the requirements to seek the cancellation of the 60-Day Status Conference by attaching hereto: 1) a Family Division Consolidated Scheduling Order; 2) a 120-Day Status Conference Order; and 3) two self-addressed, stamped envelopes, with return address for the 120-Day Status Conference Order to be returned to each counsel (or party), and, if applicable, a third envelope for the Guardian ad Litem. Further, both parties agree that there are no unresolved issues to be heard by the Court at this time. Signed this _ day of , 200 . Signed this , day of , 200_. Signature of Party (or Counsel) Signature of Party (or Counsel) 60 Day Joint Compliance Certificate Fulton County Family Division Date: 30 DAY JOINT COMPLIANCE WORKSHEET CASE STYLE: and Petitioner Respondent CASE NUMBER: Filing Date: Related Case Number: Service Date: Attorney for Petitioner (or Petitioner, if Pro Se) (name & address) Attorney for Respondent (or Petitioner, if Pro Se) (name & address) TELEPHONE NUMBER: (. ) TELEPHONE NUMBER: ( ) TYPE OF CASE: ? Divorce 0 Legitimation ? Patemity ? Divorce with Children ? Visitation ? Other: ? Custody ? Child Support ? Separate Maintenance? Modification CASES WITH CHILDREN: No. of Children involved: Names Gender Date of Birth ISSUES REGARDING THE CHILDREN: Petitioner is seeking the fogarrina: 0 Legal Custody: 0Soks or Word 0 Physical Custody: Mole or ?Joint 0 Visitation 0 Child support: ?Dire t or 07brough Child Support Registry 0 Other. Respondent is seeking the fall awina: 0 Legal Custody: Mole or ?Joint 0 Physical. Custody: Mole or OJoint 0 Visitation 0 Child support: ODirect or 3-Through Child Support Registry 0 Other. 30-Day Joint Compliance workshect Fulton County Family Division Have the parties attended the Children of Divorce Seminar? (Check if they have) ? Petitioner ? Respondent ISSUES INVOLVING DIVORCE: Date of Marriage: Date of Separation: Date of Divorce: REQUEST FOR SERVICES FOR PARTIES: ? APPOINT Guardian ad Litem OR ? TO BE DETERMINED ? The parties agree to use the following Guardian ad Litem: (name, address, and telephone number of guardian) ? The parties prefer a Court Appointed Guardian ad Litem. The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined ? MEDIATION OR ? TO BE DETERMINED ? The parties agree to use the following private mediator.: (name, address, and telephone number of mediator) The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined ? The parties prefer to attend Court Sponsored Mediation ? COOPERATIVE PARENTING OR ? TO BE DETERMINED ? CHILDREN'S DIVORCE SUPPORT GROUP OR ? TO BE DETERMINED ? PSYCHOLOGICAL EVALUATION OR ? TO BE DETERMINED ? By Dr. of Fulton County Family Division ? By a Doctor chosen by the parties: (name, address, and telephone number of psychologist) ? The Parties each choose a doctor and that doctor then chooses the psychologist. The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined ? LATE CASE EVALUATION OR ? TO BE DETERMINED ? SUBSTANCE ABUSE TESTING AN/OR COUNSELING OR ? TO BE DETERMINED The expense will be borne by: ? Petitioner ? Respondent ? Both parties Equally ? To be determined ? OTHER THESE REQUESTS MUST BE COMPLETED BY THE CONCLUSION OF THE 60-DAY STATUS CONFERENCE, UNLESS FOR GOOD CAUSE SHOWN. Yulton County Family Division The primary purpose of this Order is to narrow the issues and to disclose to each side and to the Court what matters are in dispute and what matters are undisputed, agreed upon or stipulated. The Court deems that all parties are under a continuing duty to promptly advise the other party prior to both the late case evaluation and trial if any new theory of liability or defense arises, if new witnesses or evidence is discovered, or if any statement in the Pre-trial Order is discovered to be misleading or untrue so as to mislead, deceive or cause surprise to any party or the Court. I. ATTORNEY INFORMATION The following individually-named attorneys are hereby designated as lead counsel for the parties (include addresses, telephone and facsimile numbers): Mother: Father: Guardian ad Litem: II. ISSUES OF JURISDICTION. VENUE OR SERVICE Any issue of jurisdiction, venue, or service must be set forth in Attachment `A' with particularity and the alleged fact basis for the same, or it is deemed waived. Proposed Pm-Trial Order Fuhm County Fmnily Division III. MOTHER'S CONTENTIONS Mother has prepared Attachment `B' which contains a short and concise statement explaining her contentions regarding the following issues where appropriate: A. Divorce/annulment - state the grounds for divorce or annulment; B. Paternity/legitimation; C. Child Custody - include with the concise statement the name(s) and age(s) of the child(ren); list all prior custody orders and/or visitation arrangements; and provide a proposed custody and visitation schedule; D. Child Support; E. Alimony/separate maintenance; F. Property Division - include proposed division using the attached form; G. Other. IV. FATHER'S CONTENTIONS Father has prepared Attachment `C' which contains a short and concise statement explaining his contentions regarding the following issues where appropriate: A. Divorce/Annuhnent - state the grounds for divorce or annulment; B. Paternity/legitimation; C. Child Custody - include with the concise statement the name(s) and age(s) of the child(ren); list all prior custody orders and/or visitation arrangements; and provide a proposed custody and visitation schedule; Proposed Pm-Trial Order FWton County Family Division D. Child Support; E. Alimony/separate maintenance; F. Property Division - include proposed division using the attached form; G. Other V. FINANCIAL AFFIDAVITS For actions involving alimony, child support, property division, and attorney's fees, both parties have prepared and attached hereto Financial Affidavits, Child Support Worksheet and Schedules pursuant to Uniform Superior Court Rule 24.2 (as modified for Family Division) with their proposed orders. VI. DISCOVERY All discovery has been completed, unless otherwise noted in Attachment `D', and the Court will not consider any further motions to compel discovery. Provided there is no resulting delay in readiness for trial, the parties shall, however, be permitted to take the depositions of any person(s) for the preservation of evidence and for use at trial. VII. MOTIONS There are no motions or other matters pending for consideration by the court except as indicated in Attachment `E'. This excludes Motions in Limine which should be presented to the Court as soon as possible prior to commencement of trial. Proposed Pre-Trial order Fulton Coway Family Division VIII. LIST OF WITNESSES Attached hereto as Attachment `F-l' for the Mother and Attachment `F-2' for the Father, is a list of all the witnesses and their addresses. The list must designate the witnesses whom the party will have present at trial and those witnesses whom the party may have present at trial. Each and every witness, even if a factual witness only, who, by reason of training, skill, or experience, could be qualified at trial to render an expert opinion must be listed as a potential expert witness. A witness designated by a party as one who will be present can be relied upon by the other party to be at trial without the necessity of subpoena, unless notice to the contrary is given ten (10) days prior to trial to allow the other party(s) to subpoena the witness or to obtain testimony by other means. A party must subpoena or otherwise independently arrange to have witnesses present that are listed as witnesses that the party may call. A witness presently known to a party who is not listed by such party, or any other party, cannot be called to testify at trial without good cause. For example, good cause may be that by the time of trial such witness was already known by the other party, or that the party has timely notified the other party of this additional witness. Other examples of good cause may be where such additional witness has just been discovered or the witness will testify to matters recently brought into issue before or at trial. IX. DOCUMENTARY_ EVIDENCE, EXHIBITS AND RELATED COURT ORDERS Parties should mark for identification all exhibits she or he presently, in good faith, expects to introduce at trial. Further, the parties are directed to exhibit and, where possible, furnish a copy Pro =d Pre-Trial Ordcr Fulton County Family Division of such evidence to the opposing party prior to the late case evaluation conference. All such exhibits shall be made available for review at the late case evaluation. Attached to each party's proposed Pre-trial Order shall be Attachment `G-1' for Mother and Attachment `G-2' for Father, each listing exhibits that will be used at trial and briefly describing each exhibit with sufficient particularity. Attached to the Consolidated Pre-trial Order shall be Attachment `G-I' for Mother and Attachment `G-2' for Father, each listing exhibits that will be used at trial by their respective numbers and briefly describing each exhibit with sufficient particularity so that the opposing party, after viewing the other party's Attachment and seeing the list, can identify specific exhibits for purpose of objection. Unless noted, the parties have stipulated as to the authenticity of the documents listed and the exhibits listed may be admitted without further proof of authenticity. If either party discovers or determines that an exhibit(s) will be tendered at trial which is not listed on their Attachment, then he or she must furnish a copy of the exhibit(s) or notify the opposing party of this matter as soon as practical and no later than prior to the pre-trial hearing. Do not attach the documents or copies of the documents to this Order. A copy of the Final Judgment and Decree of Divorce, if applicable, and any other temporary or permanent orders relating to the issues of this case shall be attached to this Order. X. PECULIAR PROBLEMS OR CONTINGENCIES REGARDING THIS CASE Each party has set forth any problems or contingencies regarding this case in Attachment H'. Proposed Pre-Trial Order Fulton County Family Division XI. BRIEF OF AUTHORITIES AND EVIDENTIARY PROBLEMS Each party has requested to set forth any evidentiary problems known or foreseen by them at this time. When desired, they may also submit case authority in support of, or in opposition to, such evidence if tendered at trial. All statutes, ordinances and regulations relied. upon by either party shall be set forth in attachment `I-I' for Mother and Attachment `I-2' for Father. The parties may submit any trial briefs they so desire. XII. EXPECTED TRIAL LENGTH Mother: Father. ANSWER THE FOLLOWING IN THE EVENT EITHER PARTY HAS FILED A JURY DEMAND: XIII. QUALIFICATION OF JURY Attached hereto as Attachment `J' and made a part of this order by reference are the questions which the parties request that the Court propound to the jurors concerning their legal qualifications to serve and associations that parties and counsel have that may create a conflict of interest. Proposed Pre-Trial Order Fulton County Family Division XIIV. REQUEST TO CHAR.GEIVERDICT FORM Requests to charge must be submitted at the time the case is called for trial. Requests which are not timely filed will not be considered except as permitted by the Court. Parties are directed to refer to the latest edition of the Council of Superior Court Judges of Georgia, Suggested Pattern Jury Instructions: Civil Cases, 3rd ed., Vol. 1, in preparing the requests to charge. Those charges will generally be given by the Court where applicable. Further, parties are cautioned that they need to submit charges peculiar and particularly tailored to the case because the Court will use such charges to flesh out the standard charges. Parties also are directed to submit proposed verdict forms at the time the case is called for trial. It is hereby ORDERED that the foregoing, including the attachments thereto, shall constitute the Pre-trial Order in the above case and supersede the pleadings which are hereby amended to conform hereto, and this Pre-trial Order shall not be amended except by mutual consent or by order of the Court to prevent manifest injustice. This day of , 200. LNAM , JUDGE FULTON' COUNTY SUPERIOR COURT/FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT Each party hereby consents to entry of the foregoing Pre-trial Order, which has been prepared in accordance with the form Pre-trial Order adopted by this Court. MOTHER FATHER Proposed Pre-Trial Order Fulton County Family Division SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, CIVIL ACTION and FILE NO. Respondent. CHILD SUPPORT ADDENDUM ? The parties have agreed to the terms of this Order and this information has been furnished by both parties to meet the requirements of OCGA § 19-6-15. The parties agree on the terms of the Order and affirm the accuracy of the information provided, as shown by their signatures at the end of this addendum. D This addendum includes findings of fact and conclusions of law and fact made by the Court, in compliance with OCGA §19-6-15. Application of Child Support Guidelines. The statutory requirements of OCGA §19-6-15 have been applied in reaching the amount of child support provided under the Final Order in this action. The specifics are as follows: 1. Gross Income - The Father's gross monthly income (before taxes) is $ ; the Mother's gross monthly income is $ (before taxes). 2. Number of Children _ The number of children for whom support is being provided under this order is 3. Attachments - The Child Support Worksheet and Schedule E are attached and made a part of this Addendum, along with any other applicable schedules. 4. Child Support Amount - The shall pay to the , for the support of the minor children, the sum of Dollars ($ ) per month, beginning on , 20 5. Duration of Child Support [You must check & complete only one of the foflowing paragraphs.] O (a) Beyond Age 18 for high School - The child support shall continue monthly thereafter until each child reaches the age of eighteen, dies, marries, or otherwise becomes emanci ated• provided a ' nro man attending secondary school on a full-time basis, then the child support shall continue for the child through the Child Support Addendum Fulton County Family Division month when the child has graduated from secondary school or through the month when the child reaches twenty years of age, whichever occurs first. D (b) Stops at Age 18 - The child support shall continue monthly thereafter until each child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated. ? (c) Until Further Order - This is not a final order, so the child support shall continue until fiuther order of this Court. Cl (d) Until Specific Date The child support shall continue monthly thereafter until 6. Deviation from Presumptive Amount [You must check & complete only one of the following paragraphs.] ? (a) No Deviation - It has been determined that none of the Deviations allowed under OCGA §19-6-15 applies in this case, as shown by the attached Schedule E. The amount of support in Paragraph 4 above is the Presumptive Amount of Child Support shown on the attached Child Support Worksheet. ? (b) Deviation - It has been determined that one or more of the Deviations allowed under OCGA §19-6-1.5 applies in this case, as shown by the attached Schedule E. The Presumptive Amount of Child Support that would have been required under OCGA § 19-6- 15 if the deviations had not been applied is $ per month, as shown on the attached Child Support Worksheet. The attached Schedule E explains the reasons. for the deviation, how the application of the guidelines would be unjust or inappropriate considering the relative ability of each parent to provide support, and how the best interest of the children who are subject to this child support determination is served by deviation from the presumptive amount of child support. 7. Split Parenting - A split parenting situation occurs when the parents have two or more children together, where at least one of the children spends more than 50% of the time with one parent, and at least one of the children spends more than 50% of the time with the other parent. [You must check & complete only one of the following paragraphs.] ? (a) Not Split Parenting Case - This case does not involve Split Parenting. ? (b) Split Parenting Case - This is a Split Parenting case. Separate Child Support Worksheets have been filed for the children living with the Mother and for the children living with the Father, and a Child Support Order Addendum has been entered in this action for each parent. At this time, the Mother is obligated to pay the sum of $___.. per month to the Father, and the Father is obligated to pay the sum of $ per month to the Mother. [If you checked (b) above, you must check & complete. only one of thefollowing sub. paragraphs.] D (1) Net Payment - For so long as these amounts remain in effect, the shall pay only the difference between the two amounts (which is $ ) to the Child Support Addendum Fulton County Family Division . who shall not be required to pay the child support obligation to the other parent. 8. 0 (2) Zero Payment - The parents' child. support obligations are equal. For so long as the amounts remain equal, neither parent shall pay any child support payment to the other parent. 0 (3) Full Payment From Each - Each parent shall pay the full amount of his or her child support obligation to the other. Health, Dental & Vision Insurance for Children [You must check & complete all parts of only one of the following paragraphs, (a) or (b).J 0 (a) Insurance Available - The following insurance for the children involved in this action is available at a reasonable cost to the through that parent's employer or the PeachCare program: 0 Health (medical, mental health and hospitalization) 0 Dental 0 Vision. So long as it remains available to that parent, the shall maintain the types of insurance checked above for the benefit of the minor children, until each child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated; except that if a child becomes eighteen years old while enrolled in and attending secondary school on a full-time basis, then the insurance shall be continued for the child until the month when the child has graduated from secondary school or through the month the child reaches twenty years of age, whichever occurs first. (1) The parent who maintains the insurance shall provide the other parent with an insurance identification card or such other acceptable proof of insurance coverage and shall cooperate with the other parent in submitting claims under the policy. (2) All money received by one of the parties for claims processed under the insurance policy shall be paid within five (5) days after the party receives the money, to the other party (if that other party paid the applicable health care service provider) or to the applicable health care provider (if the provider has not been paid by one of the parties). 9. 0 (b) Insurance Not Available - Insurance (other than Medicaid) is not available at this time to either party at a reasonable cost. If health insurance for the children later becomes available to the parent who is required to pay child support for these children, then that parent must obtain the following types of insurance, unless it is then being provided by the other parent: D Health (medical, mental health and hospitalization) 0 Dental D Vision. When insurance has been obtained by either party, Paragraphs 8 (a)(1) and (2) shall apply. Uninsured Health Care Expenses - The shall pay % and the shall pay % of all expenses incurred for the Child Support Addendum Fulton County Family Division children's health care (including medical, dental, mental health, hospital and vision care) that .are not covered by insurance. The party who incurs a health care expense for one of the children shall provide verification of the amount to the other party. That other party shall reimburse the incurring party (or pay the health care provider directly) for the appropriate percentage of the expense, within fifteen (15) days after receiving the verification of a particular health care expense. 10. Parenting Time Amounts - The approximate number of days of parenting time per year according to the visitation order is days for the Father and days for the Mother. 11. Social Security Benefits [You must check & complete only one of the following paragraphs.] ? (a) Not Received - The children do not receive Title II Social Security benefits under the account of the parent ordered to pay child support. ? (b) Received - The children receive Title II Social Security benefits under the account of the parent ordered to pay child support. The benefits received by the children shall be counted as child support payments, and shall be applied against the final child support order to be paid by that parent. (1) If the amount of benefits received is less than the amount of support ordered, the obligor shall pay the amount exceeding the Social Security benefit. (2) If the amount of benefits received is equal to or more than the amount of support ordered, the obligor's responsibility is met and no further support shall be paid. (3) Any Title II benefits received for the children's benefit shall be retained by the custodial parent or nonparent custodian for the children's benefit, and it shall not be used as a reason for decreasing the final child support order or reducing arrearages. 12. Modification [You must check & complete only one of the following paragraphs.] ? (a) Not Modification Action - This is an initial determination of child support, not a modification action. 0 (b) Support Not Modified - This action is a modification action, but the order does not modify the amount of child support that was previously ordered for these children The date of the initial support order concerning this child support case was: ? (c) Support Amount Modified - The Order modifies the amount of child support that was previously ordered for these children.. The basis for the modification is: ? (1) Substantial change in the income and financial status of the Father; ? (2) Substantial change in the income and financial status of the Mother, 0 (3) Substantial change in the needs of the Children; ? (4) The noncustodial parent failed to exercise visitation provided under the prior order; . ? (5) The noncustodial parent has exercised more visitation than was provided in the prior order. The date of the initial support Order concerning this child support case was: Child Support Addendum Fulton County Family Division 1 3. Continuing Garnishment for Child Support - Whenever, in violation of the terms of the order, there shall have. been a failure to make the support payments, so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may also be collected by the process of continuing garnishment for support. 14. Income Deduction Order [You must check & complete only one of the following paragraphs: (a), (b) or (c).] ? (a) An Income Deduction Order shall be entered by the Court, under OCGA § 19-6-32, for payment of the child support and alimony (if any) provided. The Income Deduction Order shall take effect: [To finish (a), you must check either (1) or (2). Do not check both.] ? (1) immediately upon entry by the Court. ? (2) upon accrual of a delinquency equal to one month's support. The Income Deduction Order may be enforced by serving a "Notice of Delinquency," as provided in OCGA § 19-6-32 (f). ? (b) The parties agree that an Income Deduction Order is not immediately necessary- 0 (c) The Court finds that there is good cause not to require income deduction, having determined that income deduction will not serve the children's best interests and that there has been sufficient proof of timely payment of any previously ordered support. Parties' Consent (if applicable) - We knowingly and voluntarily agree on the terms of this Order. Each of us affirms that the information we have provided in this Addendum is true and correct. Father's Signature Mother's Signature Child Support Addendum Fuhon County Family Division ORDER The Covet has reviewed the foregoing Child Support Addendum, and it is hereby made the Order of this Court. This Order entered on -- - , 20_. JUDGE SUPERIOR COURT OF FULTON COUNTY ATLANTA JUDICIAL CIRCUIT Child Support Addendum Fulton County Family Division 10 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GLORGIA FANIILY DIVISION Petitioner, ) CIVIL ACTION FILE and } NO. ) Respondent. } FINAL AGREEMENT The parties have agreed to the following terms on a full and final basis and agree to abide by such terms. Further, the parties request that this Court incorporate their terms of agreement into a Final Judgment and Decree of Divorce. The terms of the final agreement are as follows: Custody: Legal Physical Visitation: Child Support (Also see Child Support Computation Addendum to Final Order): Children's Medical Coverage: Income Premiums Uncovered Expenses Life Insurance: College. Final Agreement Fulton County Family Division +Post-Secondary School Expenses: Alimony: Possession of Marital Nome: Possession of Other Real Properr : Possession of Motor Vehicles: Equitable Division of Other Marital Assets. Including All Liquid Assets: Debt Payment Responsibilities: Attorney's Fees: Other. Signed this . day of MOTHER 200. Signed this day of , 200_. FATHER D AMEl , JUDGE FULTON COUNTY SUPERIOR COURT/ FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT Final Agreement Fulton County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA Petitioner, and Respondent. FAMILY DIVISION Civil Action File No. SCHEDULING ORDER The parties, having appeared in person at the (_-Day Status Conference) (Temporary Hearing) on 200_, are hereby ORDERED to adhere to the following schedule: 1. All further discovery shall be completed by , 200_, subject to the statutory duty to supplement discovery through commencement of trial. , 2. (a) The parties' depositions shall be completed no later than 200 (b) All other depositions, except by agreement of counsel or for trial preparation, shall be completed no later than , 200 . 3. The parties shall attend mediation no later than 7200-. 4. The parties (and, if applicable their children) shall meet with for psychological/child custody evaluation. The expense will be paid by 5. The parties shall meet and be evaluated by a Guardian ad Litem, to be appointed by the Court or by , who has been selected by the parties. The expense will be paid by 6. The parties and their counsel shall appear in Courtroom on _ 200__, at a.m./p.m. for the -Day Status Conference. Scheduling Order Fulton Canty Family Division Continue, where applicable: 7. The parties shall attend Late Case Evaluation with , no later than 200. The expense, if any, will be paid by 8. This case shall be placed on the trial calendar, commencing at a.m./p.m. 9. The parties shall attend and complete Cooperative Parenting Classes with no later than , 200_. 10. shall attend counseling, to be completed by , 200-. 11. Other: SO ORDERED this day of , 200. [NAME1 , JUDGE FULTON COUNTY SUPERIOR COURT FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT Scheduling Oran Fulton County Faznity Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, and Respondent. Civil Action File No. } } CONSOLIDATED SCHEDULING ORDER The parties, having agreed upon the terms and provisions as set forth below, and by so doing, laving agreed upon all issues for discussion and determination at the 60-Day Status Conference, and such agreement having been reviewed by this Court, it is hereby ORDERED that the parties adhere to the following schedule: 1. All further discovery shall be completed by , 200. Specific or unique issues or discovery procedures are to be addressed and completed as follows: 2. (a) (Only if different from prior Scheduling Order) The parties' depositions shall be completed no later than , 200. (b) (Only if different from prior Scheduling Order) All other depositions, except by agreement of counsel or for preparation for trial, shall be completed no later than ,200-. 3. (Only if different from prior Scheduling Order) The parties shall attend mediation no later than 7200-. 4. Psychological/Custody Evaluation to be completed no later than 200. Specific or unique issues are to be addressed and completed as follows: 5. Guardian ad Litem report to be completed no later than , 200 Specific or unique issues are to be addressed and completed as follows: Consolidated Scheduling Order Fulton County Family Division 6. Other: The major remaining disputed issues are as follows: The parties shall make the following efforts in an attempt to resolve the remaining disputed issues listed above: The parties agree a Late Case Evaluation (will be) / (will not be) helpful in facilitating settlement of the case. (If applicable), the parties shall attend Late Case Evaluation with , to be completed no later than , 200. (If applicable and not filled in,, to be completed by the Court.) This case shall be placed on the trial calendar, commencing at a.mJp.m. (To be completed by the Court.) SO ORDERED this day of , 200. [NAME) - JUDGE FULTON COUNTY SUPERIOR COURT FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT Consolidated Scheduling Order Fulton Comity Family Division A v STATE OF GEORGIA Report of Divorce, Annulment or Dissolution of Marriage Type or print all information 1. CM Action Number 2. Date Decree Granted (mo., day, year) 3. County Decree Granted 4. Wile's Name (*sk middle, lam) & Maiden (Birth) Last Name 6. Date of Birth (me., day, year) 7. County of Residence & Number of 11& Marriage (1". 2", etc.) 9. BuabseWs Name (ffrsy middle, last, generation) 10. Date of Birth (mo., day, year) 11. County of ReaWenee 12. Number of T16 Marrioge (12% , etc.) 13. Date of T16 Ma riage (me,, day, year) 14. *edfy Grounds For Diverse (19L5 3, OCGA) 15. Number of QiOdren Las Than 18 ARedcd by IU Decree Thin above Report may be reproduced by use of a computer. However, the finished Report must be a close reproduction of the original, and prior review and appnPPA most be obtained 5nm the SWe Registrar before use. (31-10-7, O.C.GA.) 31-10-22. Record of divorce, dissolutions, and annulments. (a) A record of each divorce, dissolution of marriage, or annulment granted by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the department and shall be registered if it has been completed and filed in accordance with this code section. The record shall be prepared by the petitioner or the petitioner's legal representative on a form prescribed and furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases, the completed record shall be a prerequisite to the granting of the final decree. (b) The clerk of the superior court shall complete and forward to the department on or before the tenth day of each calendar month the records of each divorce, dissolution of marriage, or annulment decree granted during the preceding calendar month. Form 3907 (Rev. 10-2002) COMMUNITY RESOURCES for additional resources go to: www.unitedwayatianta.org Services Children Georgia Center for Children ............................................Fulton Co. (678) 904-2880 / DeKalb Co. (404) 377-4060 Georgia Council on Child Abuse ............................................................................(800) 532-3208 / (404) 870-6565 ...................................................................................................... Child Psychiatry ........................... (404) 616-2215 Services for Families and Individuals A-Plus (Supervised Visitations by Court Order Only) ............ .......... ................................................. (770) 45811574 Adult Protective Family Services ................... ............................................................................... (404) 657-8000 Advantage Counseling Service ........................................................................................................... (770) 471-0033 AID Atlanta Administration ....................................................................................(404) 870-7700 / (404) 872-0600 AID Atlanta Hotline ....................................................................(800) 590-2437 / (800) 551-2728 / (404) 876-9944 Alcoholics Anonymous ...................................................... :............................................................... . (404) 525 3178 Center for Counseling Services .......................................................................................................... (770) 3945447 Cooperative Parenting Institute .......................................................................................................... (404) 315-7474 Counseling and Educational Services ................................................................................................. (404) 373-8034 Crime Victims Advocacy Council ...................................................................................................... (770) 333-9254 Criminal Justice Coordinating Council (Victims' Compensation Fund) ............................................ (404) 559-4949 Compassionate Friends (Grief Support) ............................................................................................. (770) 491-8784 Department of Family and Children Services .................................................................................... (404) 657-8000 Families First (Counseling, Supervised Visitation, Parenting Classes, etc.) ...................................... (404) 853-2800 Fathers' Resource Center .................................................................................................................... (404) 753-6040 Fulton County Alcohol and Drug Treatment ...................................................................................... (404) 752-8766 Fulton County Health Departinent..................................... ................................................................. (404) 730-1211 Fulton County Mental Health ............................................................................................................. (404) 730-1600 Grady Rape Crisis Center ................................................................................................................... (404) 616-4861 High Impact (Anger Management) ..................................................................................................... (404) 523-6074 Integrated Counseling Services, Inc .................................................................................................. (404) 377-5556 The LINK Family Counseling Center ..................... Sandy Springs (404) 256-9797 / Cobb County (770) 541-1114 Mothers Against Drunk Driving ......................................................................................................... (404) 223-3331 Odyssey Family Counseling Center ....................... Fulton County (404) 669-3462 / Henry County (770) 957-6256 Partnership Against Domestic Violence ............................................................................................. (404) 873-1766 Rape Abuse Incest National Network .................................................................................. 1-800-65 6-HOPE (4673) St. Jude's Family Preservation Group ................................................................................................ (404) 8742224 St. Jude's Recovery Center (Substance Abuse) .................................................................................. (404) 249-6272 Tangu, Inc. (Counseling for adults, youth and families) .................................................................... (404) 523-4599 Victim Witness Assistance Program (Fulton County DA's Office) ...................................... (404) 730-4986 / 4983 Victim Witness Assistance Program (Fulton County Solicitor's Office) ........................................... (404) 730-6883 Victim Witness Assistance Program (City of Atlanta Municipal Court) ................................. (404) 865-8100./ 8127 Paternity Testing American Red Cross ........................................................................................................................... (404) 253-5448 DNA Diagnostics Center ...................................................................................................................1-800-613-5768 Laboratory Corporation of America .................................................................................................. 1-800-621-8037 Paternity Testing Corporation .................................................... ........................................................ 1-888-837-8323 Substance Abuse Treatment Counseling and Educational Service ...................................................................................... .... (404) 373-8034 Integrated Counseling Services Inc. .. (404) 377-5556 St. Jude's Recovery Center, Inc ......................................................................................................... (404) 249-6272 Support Groups Center for Counseling Services ...................................................................................... .. (770) 3945447 .................. Roswell United Methodist Church: Support Group Ministries ........................................................... (770) 261-1767 Last printed 6122/2007 3:22:00 PM o 4 Z 0 Ebonee Sessomes : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Darren Curry Jr. Defendant NO. 09-,5-/,,4 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ebonee Sessomes, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respect lly submitted, Date 01 d3 0 _-GtX 111 (t/ rudi M. Kirby Cert' ied Legal Intern ROBER E. RAINS 1,4 THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ? Y? ..?. .?_ ? ._ ? fir: t„`? ?: 'v, ?,; ?d ? Ebonee Sessomes, Plaintiff/ Petitioner V. Darren Curry Jr., Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY :No. 09- S- 7 CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING THAT THIS COURT COMMUNICATE WITH THE SUPERIOR COURT OF FULTON COUNTY GEORGIA, PURSUANT TO THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT, REQUESTING THAT COURT TO STAY OR DISMISS A CUSTODY PROCEEDING INVOLVING THE CHILD DARREN CURRY III OVER WHOM THAT COURT LACKS SUBJECT MATTER JURISDICTION AND ENTER AN ORDER OF EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this- day of February, 2009, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Ebonee Sessomes, by her attorneys, the Family Law Clinic, seeking that this Court communicate with the Superior Court of Fulton County Georgia, pursuant to § 110 of the Uniform Child Custody Jurisdiction and Enforcement Act, requesting that court to stay or dismiss a custody proceeding involving the child, Darren Curry III, over whom that court lacks Subject'. Matter Jurisdiction, and enter an order of emergency custody of the minor child, Darren Curry III, born January 23, 2004. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. The petitioner is Ebonee Sessomes, an adult individual, who resides at 1350 Grandview Court, Carlisle, in Cumberland County, Pennsylvania 17013. 2. The respondent is Darren Curry Jr., an adult individual, who is believed to reside at 110 Hembre Forest Circle, Roswell, in Fulton County, Georgia, 30076. 3. The petitioner is the biological mother (hereinafter "Mother") of the five year-old minor child, Darren Curry III, born January 23, 2004 (hereinafter "Child"). 4. The respondent is the biological father (hereinafter "Father") of Child. 5. Child was born out of wedlock. 6. Mother has been the primary caretaker of Child since his birth. 7. Child has resided in Pennsylvania from November 2007 until the end of August 2008. 8. In late August 2008, the parties agreed to an informal custody arrangement such that Father would have Child with him in Roswell, Georgia from September 2008- December 2008, when he would return Child to Mother in Carlisle, Pennsylvania, in time for Christmas. a. Child was enrolled in KinderCare in Carlisle Pennsylvania from July 9, 2008- August 28, 2008 as documented by a statement from KinderCare, which is attached hereto as Plaintiff s exhibit 1 and incorporated herein by reference. 9. Father did not return Child to Mother in December, 2008, as they originally agreed. 10. On December 27, 2008, Mother telephoned Father to inform him that Mother intended to go to Roswell to get Child when she bought a vehicle. 11. Father agreed that Mother would get Child if she went to Roswell. 12. Mother telephoned Father on December 28, 2008 and informed Father that she would come down to Roswell, Georgia on December 31, 2008 to get child. 13. Father told Mother that he would not return Child to her. 14. Father and Mother engaged in several telephone communications where Father would tell Mother to come to Roswell, Georgia to get Child. a. Father texted Mother on January 3, 2009 telling her she could get Child. b. Father and Mother agreed that Mother would go to Roswell, Georgia to get child on January 12, 2009. c. Father told Mother on January 15, 2009 that she could not get Child. 15. On January 16, 2009, Father told Mother that she could not have Child. Father told Mother that she should get ready to go to court on February 11, 2009. Father also told Mother that she would be getting papers in the mail. 16. On January 9, 2009, Father filed a petition to the Superior Court of Fulton County, Georgia for custody of Child. Father's Petition is defective on its face as it demonstrates that Georgia lacks Subject Matter Jurisdiction. Father avers that Child lived in Georgia since August 2008. Even if this were true, Child would not have lived in Georgia the requisite six months prior to filing to make Georgia his home state per § 201(a)(1) of the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. § 5241(a)(1) of the Pennsylvania Domestic Relations Code. a. A true and correct copy of Father's Georgia Custody action for Darren Curry III is appended hereto as Plaintiff s exhibit 2 and incorporated herein by reference. 17. The Superior Court of Fulton County, Georgia has scheduled a hearing on the matter for February 11, 2009. 18. The Superior Court of Fulton County Georgia is without proper Subject Matter Jurisdiction to hear this matter because Child has not lived in Georgia the requisite six months prior Father's filing to make Georgia his home state per § 201(a)(1) of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa. C. S. § 5241(a)(1) of the Pennsylvania Domestic Relations Code, and his absence from Pennsylvania was only intended by the parties to be temporary. a. Child has only been with Father in Roswell, Fulton County, Georgia from September 2, 2008 to the present. b. Father's own Petition in the Superior Court of Fulton County Georgia'. alleges only four months of residency for Child in Georgia. c. Child lived with Mother and Child's two sisters and brother in Pennsylvania from December 2007 - September 1, 2008. 19. Mother will be placed at extreme hardship to the detriment of herself and all four of her young children if she is required to participate in the Georgia proceedings. She is indigent and works only part-time in Carlisle. She would have to take time off work, arrange child care, and travel to Georgia. 20. Father filed the Petition in Georgia on January 9, 2009. Mother was served on January 26, 2009. The Superior Court of Fulton County, Georgia requires that Mother attend and complete the "Families in Transition" seminar before the date of a hearing on February 11, 2009. This requirement is unreasonable and unfair to Mother especially because that court lacks Subject Matter Jurisdiction over this matter. 21. Mother may request that the Superior Court of Fulton County, Georgia allow her to participate in the proceeding by phone, but there is no guarantee that Mother's request will be granted, nor will it alleviate the requirement that Mother attend the "Families in Transition" seminar. 22. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 23. Mother believes and therefore avers that it is in the best interests of Child that Mother be granted shared legal and temporary primary physical custody of Child, pending further Order of Court because: a. Mother has been Child's primary caregiver. b. Child has two sisters and a brother from whom, up until September 2, 2008, Child had never been separated; Child's current separation was intended to end prior to Christmas, in December, 2008. 24. No judge is yet assigned to this case. 25. Mother is unaware of any opposing counsel, so no concurrence is sought, pursuant to local Pa.R.C.P. 208.2(d). WHEREFORE, the petitioner, Ebonee Sessomes, respectfully requests that this Honorable Court: 1. Pursuant to § 110 of the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. § 5410 of the Pennsylvania Domestic Relations Code: a) Communicate with the Superior Court of Fulton County, Georgia to resolve Subject Matter Jurisdiction of Darren Curry III, b) Ask the Superior Court of Fulton County, Georgia to stay or dismiss the proceeding in that court. 2. Restore the status quo ante by entering an order granting Mother shared legal and temporary primary physical custody of Child, 3. Order Father to immediately return Child to Mother at his own expense and, 4. Schedule this matter for hearing or conciliation. Date Respectfully submitted, 02[D_;1 01 rudiAnn M. Kirby Certified Legal Intern ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Ebonee Sessomes, Pe itioner K inderCare, LEARNING CENTERS 14 Brookwood Avenue Carlisle, PA 17013 To Whom It May Concern: This letter is to inform you that barren Curry was enrolled here at KinderCare from July 9, 2008 to August 28, 2008. If you have any further questions please contact our center at (717)249-0881. Thank you, Nicole Nace Ir Exhlbit f 1 r IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Civil Action File No. 2009CV162702 DARREN 0 CURRY JR vs. EBONEE M SESSOMES NOTICE TO ATTEND 30-DAY STATUS CONFERENCE THIS IS AN IMPORTANT COURT NOTICE THAT AFFECTS YOUR RIGHTS. READ THIS NOTICE CAREFULLY. IF YOU DO NOT UNDERSTAND THIS NOTICE, CONTACT AN ATTORNEY FOR LEGAL ADVICE. DATE AND TIME OF 30-DAY STATUS CONFERENCE: 02/11/2009 at 03:00pm BEFORE THE HONORABLE CYNTHIA D. WRIGHT, JUDGE PLACE OF CONFERENCE: Fulton County Superior Court Justice Center Tower 185 Central Avenue, SW Courtroom 8D Atlanta, Georgia 30303 This conference has been set for a specific time so as not to inconvenience the parties. Please be on time. Failure to appear at the appointed time could result in the dismissal of your case. YOU ARE HEREBY NOTIFIED THAT: 1. In contested cases, all parties, and their attorneys, if they are represented by counsel, shall appear at the time and place designated above for a 30-Day Status Conference. 2. In uncontested cases in which an Admowledgment of Service form, Consent to Trial in 31 Days form, Child Support Worksheets (if applicable), and a Settlement Agreement (if applicable), Parent Plan (if applicable), have been filed with the Court, all petitioners, and their attorneys, if they are represented by counsel, shallappear at the time and place designated above for a 30-Day Status Conference, and they may receive the Final Judgment and Decree at that time. 3. Parties and counsel must read and comply with this Notice and the Automatic Domestic Standing Order. Additionally, if the case is contested, each party must read the attached information about the 30-Day Conference, and must complete and bring to the 30-Day Conference the Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and all requested documents pursuant to the Required Documents To Be Produced form. FURTHER NOTICE that in the absence of good cause shown, failure to appear at and participate in good faith in the 30 Day Status Conference could result in the entry of a final judgment if the case is ripe for judgment, or imposition of sanctions or penalties provided by statute, rule, or authority of the Court, including: 1)a finding of contempt by the Court; 2)taxation of costs or attorney's fees; 3)dismissal of the case; and/or - 4) imposition of monetary or ;other sanctions. Any party represented by an attorney will be considered as a "failure' to appear" if the attorney does not appear at the 30-Day Status Conference. This the 9th day of January, 2009 . CASE MANAGER:KATHY WEITZEL TELEPHONE # 404730-4188 FAX # 404335-2883 "COURT PERSONNEL CAN NOT GIVE LEGAL ADVICE" Child Support Worksheets are at https:llservices.georgia.govldkrlcspp/dolpubliclSupportCalc. The Automatic Domestic Standing Order, Domestic Relations Initiation Packet, Domestic Intake Worksheet, Families in Transition Information, Parenting Plan, and other forms listed below, can be obtained from the Family Division at 4041224-0505 OR the Family Law Information Center at 4041335-2789 OR at www.fultonfamilydivision.com. CONCISE INFORMATION ABOUT THE 30-DAY CONFERENCES Complete and more comprehensive information about the 30-Day Conference and later proceedings can be found in the Domestic Relations Initiation Packet. 1. Postponing or Rescheduling the Conference: A conference will only be postponed and rescheduled for specific reasons. Direct your request for postponement, as soon as possible, to the Judges' case manager. 2. "Families in Transition" Seminar: If your legal action involves minor children, you must attend and complete the "Families in Transition" Seminar before the 30-Day Status Conference. 3. What will happen at the 30 Day Status Conference? The Judicial officer will meet with both parties about the case, including the areas on which the parties agree and disagree, future court procedures, and by when they must be done. Mediation may be offered at the Conference. Temporary issues of support and child custody not agreed upon by parties by the conclusion of the Conference may be scheduled for a Temporary Hearing to occur on the day of the Conference or on a date soon thereafter. If the parties agree on all issues, the Judicial officer will confirm the agreement and convene or schedule a final hearing; otherwise, a 60-Day Status Conference will be scheduled. Please be advised that without prior, written notice objecting otherwise, Judicial Officers are empowered and able to make binding decisions at Status Conferences. 4. What to Bring to The 30-Day Scheduling Conference: Be prepared. Bring the completed Domestic Intake Worksheet and, if applicable, the completed Child Support Workssheets, Parenting Plan, Domestic Relations Financial Affidavit, Answers to Interrogatories and the documents in response to Required Documents To Be Produced. 5. Communication: No party or attorney can speak with the conference,officer or Judge about substantive matters unless the other party or attorneys are present. If parties write to the conference officer, Judge or case manager, they must also send a copy to the other party, and indicate on the document that this has been done. IN THE SUPERIOR,COURT OF FULTON COUNTY rrAA STATE OF GEORGIA FAMILY DIVISION Petitioner: -Zo Civil Action File No: 0 and Respondent: Judge's: -19, PETITION FOR LEGITIMATION, CUSTODY AND/ OR VISITATION The Petition of j e ro (7)k%-AN ck4b C I-P,4 ?. -?K mspectfully shows to the Court the following facts: 1. Petitioner shows that he is a resident o +-? County, Georgia and that he is child(ren) bom out of wedlock with the following names and birth dates:' V ry? Full Name Male/Femae Birth Date L. aR t2 C-)R',,, ?-daL?. t I?3 10., ^ 2, (Choose A or B.) A) The Respondent/Mother of said child(ren), is a resident 1 of County, Georgia, and is subject to the jurisdiction of this Court. (Choose one) ?)The Respondent/Mother maybe personally served at her residence of l ? ACS r-3s?Ay.7W4tEw (1..-r ARtik r -A>A t-4013 OR ? 2) The Respondent/Mother has signed an Acknowledgment of Service form. The signed and notarized form is attached as Exhibit OR O 3) The Respondent/Mother resides in a different County/State from the Petitioner, but has " waived venue4urisdiction. The signed and notarized form is attached as Exhibit" 0 B) The whereabouts of the mother are unknown and she must be served by publication as is provided by law in such situations. An Affidavit of Diligent Search is attached hereto as Exhibit Detilinn fnr 1 enkim* inn ('I minrlu =FA %leiWinn s? 3. Choose one. ? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said child(ren) and to the physical and legal custody being awarded to Plaintiff. Her consent is attached hereto as Exhibit " OR ? The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said child(ren) and to visitation by the Plaintiff. OR ? The Respondent/Mother of said child(ren) is deceased, having died on . A copy of her death certificate is attached hereto as Exhibit OR ? There is no other legal parent of this child(ren), and the child(ren) has/have no legal guardian. OR ? None of the above. 4. Petitioner desires that the surname of said child(ren) be changed to , that said child(ren)'s name(s) be changed on the birth record of the child(ren), and that Petitioner's name be entered as father on the birth record of the child(ren). Ped&mr further requests that the Department of Vital Statistics be ordered and directed to amend the bath records of said child(ren) , and to reissue a birth certificate showing Petitioner, as father and changing the child(ren)'s last name(s) to Petitioner's last name: Petitioner shows that he has had physical custody of the minor chNd(ren) since (fill In the date) 5.1 The child(ren) came to live with him because sAr-- Lgim CU hF 0j cyte-n L A&Yb Ste. A $Q W4C . Petitioner Is a fit and proper person to have legal custody of the minor child(ren) . It is in the best interest of the minor child(ren) to have their legal custody placed with Petitioner. Petitioner is entitled to the physical and legal custody of said child(ren). 6. In the alternative, Petitioner shows that it is in the best interest of the minor child(ren) that he be awarded visitation with them. 7. Petitioner requests that the issue of child support be considered and decided by this Court. WHEREFORE, Petitioner prays: a) That the Court enter an Order legitimating the child(ren) named in the Petition, causing the surname(s) of said child(ren) to be changed to and that the records of birth of said child(ren) be changed to show the name of the father as Petitioner, to wit, , so henceforth said child(ren) will be the recognized and legitimate child(ren) of the Petitioner. bj/ That Petitioner be granted legal and physical custody of the child(ren); and Patitinn fnr 1 onitimatinn f i ?atneiv and/nr \liaNaHnn Faro '? of 7 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitiorar faRREn Li 01111 and Respondent.-; V-Sso mr- VERIFICATION Civil Action File No: 2, d V q CV 1490 -2 , personally appeared before the undersigned Notary Public, and say under oath that I am the (check one:) kPetitioner o Respondent in the above-styled action and that the fads stated in the f"T iPtTi a AJ are true and correct. This the CTLL' day of ?Sil4+f . 2 (date) (mormj year) ` 11. (Sign your name hero in from! UMN5'Notary) Name (print or type): acZ Address: w-, hlwwNaky e Telephone number: (jgaX jetqLt-'}L(0X T t and bed before me, t is X of A Y P 1MIC My Commission E)pires: (Notary Sean Nfrtary Pubk F"adle County, C OMM My Commission Expires March 0% 2040 Verification Form Page 1 of 1 0 2006 Fulton County Superior Court Family Division IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA 136 PRYOR STREET, ROOM C-103, ATLANTA, GEORGIA 30303 SUMMONS Plaintiff, vs. 80NF.?. i?SSO?L E? Defendant TO THE ABOVE NAMED DEFENDANT(S): Case No.: 2 0 0-[ C Y/ 62-I P2- Your Your are hereby summoned and required to file with the Clerk of said Court and serve upon plaintiff's attorney, whose name and address is: 116 to p-m sRf- -r£ ftecr 6kc,L.c., ?POZIU- 1 ?+4 3oo -zk An answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT. This i day of t , 20 0q To defendant upon whom this petition is served: This copy of complaint and summons was served upon you, Honorable Cathelene "Tina" Robinson Clerk of Superior Co By Dep ty Clerk 20 Deputy Sherrill Instructions: Attach addendum sheet for additional parties if needed, make notation on this sheet if addendum is used DOMESTIC RELATIONS INITIATION PACKET FULTON COUNTY SUPERIOR COURT FAMILY DIVISION Your case has been assigned to the Superior Court of Fulton County Family Division. You are ORDERED to attend a 30-day status conference with a Family Division Judge. This is your Domestic Relations Initiation Packet. You are responsible for serving the respondent with a copy of this packet by any statutory method of Service: 1.) Sheriff's.Service, 2.) Special Process Service or 3.) Acknowledgment or Certificate of Service to be filed with the Court YOU ARE RESPONSIBLE FOR READING THE INFORMATION ABOUT THE 30-DAY STATUS CONFERENCE which is included in this packet. It is mandatory that you complete the Domestic Intake Worksheet and bring it to the 30-day status conference. The following documents are included in this packet: • Automatic Domestic Standing Order • Domestic Relations Case Filing Form • Domestic Intake Worksheet • Information About the 30-day status conference and the 60-day status conference • Information About a Request to Postpone or Reschedule a Status Conference • Domestic Relations Financial Affidavit 4111111111111111 - • Answer to ir>terrogatories ? cce°°'?"`.k ' of s? S form mull vice a i a w om O ffi? a of cfte • Required Documents to be Produced 4lillillillil CC1n*0fS"ftiWCM11,CiaWTbNft • 30 and 60-day Joint Compliance Certificate • 30-day Joint Compliance Worksheet • Proposed Pre-Trial Order • Child Support Addendum • Final Agreement • Scheduling Omer • Consolidated Scheduling Order • Vital Records Form (for the Office of the Clerk of Superior Court's Civil Division, please file once a Final Order is entered.) • Resource Information Sheet Copies of all pleadings and correspondence to the Court, including return of service and acknowledgment of service forms. shall be served upon the case manager for the Family Division Judge to whom your case is assigned, in the same manner which service is made upon the opposing party. * * WHEN FILING YOUR COMPLAINT YOU MUST BRING THE ORIGINAL AND A PHOTO COPY TO THE CLERK OF SUPERIOR COURT OFFICE, CIVIL DIVISION. THE CLERKS' OFFICE IS LOCATED AT 136 PRYOR STREET, SUITE C-103. Instructions for Emergency Hearings 1.) Prepare your written.motion explaining why you need an emergency hearing. Prepare a Nisi Order for the Judge's signature. 2.) Contact the Case Manager for the Judge to whom your case is assigned to request an emergency hearing. The Motion for an Emergency Hearing and approved Nisi Order mu be attached to the service Form COPY IN THE SUPERIOR COURT OF FULTON COUNTY.. STATE OF GEORGIA FILED IN OFFICE FAMILY DIVISION NOV 16 2004 ) Petitioner ) Li Civil Action File No. and ) } Respondent ) AUTOMATIC DOMESTIC STANDING ORDER 1. This Order shall bind the parties in the above-styled action, their agents, servants, employees and all other persons acting in concert with the parties in all civil actions assigned to the Family Division of the Superior Court of Fulton County unless the type of action to which a paragraph applies is specifically limited herein. 2. Each party is hereby required to complete the Domestic Intake Worksheet, and return it to the Family Division. 3. Each parry to a case involving an original question of custody of minor children (not contempt or modification) is hereby enjoined and restrained from causing or permitting the minor child(ren) of the parties to be removed from the jurisdiction of this court. 4. Each party is hereby enjoined and restrained from doing, or attempting to do, or threatening to do, any act injuring, maltreating, vilifying, molesting, or harassing the adverse party or the child(ren) of the parties. BOOK PAGE 65834 229 J. Each party to a divorce or separate maintenance action is hereby enjoined and restrained from selling, encumbering, trading, contracting to sell, or otherwise disposing or removing from the jurisdiction of the court, any of the property belonging to the parties except in the ordinary course of business. 6. Each parry to a case involving an original question of custody of minor children (not contempt or modification) is required to attend the "Families in Transition" Seminar. Failure to complete the seminar in a timely manner may subject the party to contempt or other sanctions. 7. When a civil action is assigned to the Family Division of the Superior Court of Fulton County requiring service by the sheriff, the Docket Clerk shall attach a copy of this Order to the original and the service copy of the divorce and give or send a copy of this Order to the attorney or person filing the divorce. If the civil action was filed by mail, the Docket Clerk shall mail a copy of this Order to the attorney or person filing the civil action. 8. When a civil action which is assigned to the Family Division of the Superior Court of Fulton County is to be served by publication, the Docket Clerk shall follow the same procedure as above. 9. When a civil action is assigned to the Family Division of the Superior Court of Fulton County with an Acknowledgment of Service, the Docket Clerk will attach a copy of this Order to the original Petition, give or mail a copy of this Order to the attorney or person filing the Petition and provide a second copy to the attorney or person filing the Petition with instructions to serve the defendant with the copy. 10 All civil actions assigned to the Family Division of the Superior Court of Fulton County shall be restyled or recast in the case style required under the rules promulgated by the Family Division of the Superior Court of Fulton County Style and shall be substantially similar to the style used above in this Order with a specific notation that the case is pending in the Family Division. BOOK PAGE 05034 - 227 11. All attorneys entering an appearance in the Family Division of the Superior Court of Fulton County shall attend at least one seminar which has been authorized by this Court as a sufficient informational seminar or shall view at least one authorized reproduction of the same or shall read the entire materials from such a seminar. 12. All parties and attorneys entering an appearance in the Family Division of the Superior Court shall abide by the rules of the Family Division as promulgated by this Court. A copy of all such rules shall be made available by the Clerk upon request. 13. This Order shall apply to all domestic civil actions (as defined by O. C.G.A. 319-1-1) which are assigned to the Family Division of the Superior Court of Fulton County and shall be the Standing Order'until further order of this Court. 14. Failure to follow a Court order, unless substantially justified, may result in sanctions or penalties as provided by statute, rule or authority of the court, including a finding of contempt by the Court; taxation of costs or attorneys' fee; and/or the imposition of monetary or other sanctions. SO ORDERED this day of 200 Fulton County Superior Court Atlanta Judicial Circuit BOOK PAGE 05034 223 Domestic Relations Case Filing Information Form Superior Court: County MM-DD•YYYY Docket # Petitioner (s) Last First Middle 1. Suffix Prefix Maiden Date Filed Respondent (s) Last First Middle f. Suffix Prefix Maiden --------- ------- Last First Middle 1. Suffix Prefix Maiden Last First Middle 1. Suffix PMAX Maiden Petitioner's Attorney ? Pro Se (Check here if you are representing yourself) %r# Last Fast Middle 1. Suffix Case Type (one or more) ? Divorce (includes annulment) 0 Separate. Maintenance 0 Adoption ? Paternity (includes legitimation) 0 Domestication of Foreign Custody Decree ? Family Violence Act Petition Modification 0 Modification-Custody and/or Visitation ? Modification-Child Support and Alimony ? Modification-Child Support ? Modification-Alimony Contempt ? Contempt-Custody and/or Visitation ? Contempt-Child Support and Alimony ? Contempt-Child Support 0 Contempt-Alimony D Other Domestic Contempt ? Other Domestic Relations Specify Is Case Uncontested or Contested? D UNCONTESTED A. 1. Acknowledgment of Service/Wavier of Venue signed and notarized by respondent? 0 Yes D No 2. Consent to try signed and notarized by both parties? 0 Yes ? No 3. Separation Agreement/Settlement Agreement (if children or property are involved), signed and notarized by both parties? ? Yes 0 No OR B. Divorce by publication with affidavit of diligent search? 0 Yes 0 No ? CONTESTED Family Violence . Additional Information - Ex Parte Relief Did the initial pleading include a request for relief'/ 1. From alleged family violence ? 0 Yes D No 2. Was ex pane relief requested ? D Yes ? No 3. Was ex parte relief granted ? ? Yes D No Style of Cow: Part A- PeNkmer: Address: DOMESTIC INTAKE WORKSHEET Case Number: Date of Filing: Judge Assigned to Case: imforrnation About the Ponies Name(s) Street Address County city state Zip Telephone Number. Home Date of Birth: Petitioner's Attorney: Attorney's Address: Work Name Street Address city state Zip Attorney's Telephone Number. Respondent: Address: Name(s) Street Address County City State Zip Telephone Number. Home Work Date of girth: tespondent's Attorney: -- Nome Womey's Address: - - Street Address City State rip iforney's Telephone Number: YOUR CASE IS ASSIGNED TO THE FAMILY DIVISION, IT IS MANDATORY THAT YOU COMPLETE AND ETURN THIS WORKSHEET AT YOUR 30-DAY SCHEDULING CONFERENCE. IF YOUR CASE IS NOT ASSIGNED TO 'IE FAMILY DIVISION, PLEASE COMPLETE AS SOON AS POSSIBLE AND RETURN TO THE FULTON COUNTY LIPERIOR COURT FAMILY DIVISION, 136 PRYOR ST., SUITE C-826, ATLANTA, GEORGIA 30303. Prof Is_. kdonnallon About the Current Cris and Rekited Cases NUMBEk OF CHILDREN' NAMES OF CWLDREN: Current Ck"S)/Issue(s)/Allegallon(s): E3 Divorce n Child Custody Q Visitation ? Chid Support ? Paternity is there currently pending In any other Fulton County Court a case or cases involving the petitioner, respondent, or any rtrlnor children of the relationship? ? Yes ? No if yes, please list the Court, Case number, and style of case below. Court Case Number Style of Case Q Legitimation ? Adoption n Foff*v Violence n Guardianship ? Child Abuse ? Substance Abuse o URESA ? Other Issues: o DHR i INFORMATION ABOUT THE 30-DAY SCHEDULING CONFERENCE AND 60-DAY SCHEDULING CONFERENCE 1. Timeliness: Do not be late for either conference or you shall be considered as having FAILED TO APPEAR. YOUR FAILURE TO APPEAR MAY RESULT IN THE FINAL DISPOSITION OF YOUR CASE. 2. Postponing or Rescheduling the Conferences: A conference will only be postponed and rescheduled for specific reasons. Requests for postponement that are received by the case manager at least two (2) weeks before the status conference date are more likely to be granted. See the attached information about a Request to Postpone or Reschedule a 30LDay Scheduling Cor ference or 60-Day Scheduling Conference. 3. "Familks in Transition" Seminar. If your legal action involves minor children, you must attend and complete the "Families in Transition" Seminar before the 30-Day Scheduling Conference. Information about these seminars is in the Domestic Relations Initiation Packet. Call the Family Division at 404r/30- 4618, or go to the website at www.fultonfwnibydivision.com to obtain information on the Seminar. 4. What will happen at the 30 Day Scheduling Conference? The conference officers will talk with both parties about the case, including the areas on which the parties agree and disagree. Then the conference officer will tell the parties what court procedures come next, and by when they must be done. A. Settlement: Ifthe parties agree about everything in the Court case, the conference officer will confirm the agreement with the parties and a final divorce hearing will be convened or scheduled. If the parties agree to some of the issues, then a Temporary Consent Order may be entered. B. Set the Case for a Temporary Hearing: if the parties agree on many things but there are still a few matters to resolve on a temporary basis, for example child custody, the conference officer will inform the case manager that the case is ready for a short hearing in front of the Judge. C. Mediation: If it appears that a mediator could help the parties, the conference officer will immediately refer the case to a trained, on-site mediator to work with the parties on the disputed issues. Depending on the case, this referral might result in a full resolution of the case, or the parties might be instructed to return to the conference officer to work on the issues that remain. D. Future Schedule: At the conclusion of this conference and/or temporary hearing, a Consolidated Scheduling Order shall be filed with the Court. 5. What to Bring to The 30-Day Scheduling Conference: Bring with you the completed Domestic Intake Worksheet and, if applicable, the completed Domestic Relations Financial Affidavit, Answers to Interrogatories, Child Support Worksheet and Schedules, and the documents in response to Required Documents To Be Produced. This will help you be prepared for your 30-Day Scheduling Conference and reduce the number of times you will be required to come to court. All these forms are in the Domestic Relation Initiation Packet. Call the family Division at 404/224-0505, or go to the website at www.fultonfirnilvdiAsion.com to obtain a packet. Be prepared for your 30-Day Scheduling Conference, because ifyou are not; you will have to come back to Court. 6. What will happen at the 60-Day Scheduling Conference? At the 60-Day Scheduling Conference, the parties will discuss and attempt to agree upon pertinent issues which have remained unresolved since the 30-Day Scheduling Conference and any hearing that may have occurred at that time or soon thereafter. This does not allow the parties to raise issues which were resolved at the 30-Day Scheduling Conference or the hearing unless they can convince the Judge of the necessity of revisiting an issue which was previously resolved. At the conclusion ofthe 60-Day Scheduling Conference, a Temporary Order and Consolidated Scheduling Order may be entered. As with the 30-Day Scheduling Conference, the conference officer will talk with both parties about the case and again discuss with the parties what court procedures they must do next, and by when they must do them. The same procedures as listed in 4A through D above will also be available for the parties at the 60-Day Scheduling Conference, except that any hearings will likely not include matters which were previously heard by the Court at an earlier hearing. Requirements for the Conferences: A. Attendance: Only parties (and their attorneys, ifthey have attorneys) are allowed to attend a Conference. This does not mean you must have an attorney, but it does mean that if you have a attorney, that attorney MUST attend the Conference. Parties who are represented by an attorney will not be allowed to participate in the conference if their attorney does not show. No children are allowed at the conference. Friends or others will have to wait outside. B. Telephone: For a good reason (such as very serious illness, incarceration in prison oriail, a party who is a long distance from Court) one, or both parties or attorneys, might be allowed to participate at a Conference by telephone. If you want to ask to do this, you must write a request to the case manager at the address on the "Notice to Attend 30-Day Scheduling Conference" Do later than five (5) Court days from the date you receive the notice. C. Communication: No party or attorney can speak with the conference officer o r Judge about substantive matters unless the other party or attorneys are present. When parties write to the conference officer, case manager, or Judge, they must send a copy to the other party at the sane time, and show that they did this on the document. 8. Is it possible to cancel a conference? There are two ways by which a Conference can be canceled. Sometimes both parties agree to all issues in dispute before, or soon after, the time of the filing of a divorce or other domestic relations matter. The Court calls this an "uncontested divorce" or a "consent order". If a consent agreement in a divorce or consent order in other matters is sent to the case manager no less than three (3) days prior to the scheduled date of the Conference, then the Conference may be canceled upon confirmation by the case manager. However, you must attend if you do not receive this confirmation canceling the Conference by the case manager. If you represent yourself, the Court has the form and instructions you need if both parties are in agreement about all issues. For more information about these forms, visit the Family Law Information Center, or the website at www.fultonfaw-fl&Avisiomcom. The second way that a Conference can be canceled is if both parties enter into a joint compliance certificate and file it with the Court and submit a copy to the case manager no less than three days before the date of the Conference. The purpose of this certificate is to assure the Court that the Conference is unnecessary because the parties have completed a: I) Joint Compliance Certificate; 2) Joint Compliance Worksheet; and 3) Domestic Intake Worksheet. A Joint Compliance Certificate will not suspend the Conference unless and until the parties are notified by the case manager that the Joint Compliance Certificate has been accepted by the Court as substitute for the Conference. The Family Division also has the forms and instructions you need. For more information about these forms, visit the Family Law Information Center or the website at www.fuho®familvdivision.com. 9. Is Any Other Help Available? A. "Families in Transition" Seminar. In the Domestic Relations Initiation Packet, there is information regarding the "Families in Transition" Seminar which you must attend if your case involves minor children. Read this information, and attend a seminar BEFORE THE 30-DAY Status Conference! This will speed up your case. For more information call: 404/'730-4618. B. Family Law Information Center. The Family Law Information Center is provided through the Fulton County Superior Court Family Division and is designed to help you help yourself in Court. Many court forms and instructions are available at the Family Law Information Center. The Family Law Information Center is located at: Fulton County Justice Center Tower 185 Central Avenue, S.W. Seventh Floor, Room JCT-704 Atlanta, GA 30303 4041335-2789 Revised 6/9W INFORMATION ABOUT A REQUEST TO POSTPONE OR RESCHEDULE A SCHEDULING CONFERENCE A. B. C. PROCEDURE TO REQUEST A RESCHEDULING OR POSTPONEMENT 1. Written Request: The party or lawyer who initiates a postponement and rescheduling of a conference must provide a written request to the case manager by fax, mailor hand delivery that clearly states on its face the date of the request, case number(s), the parties in the case, the date and time of the scheduled conference, the case manager's name, reasons for the request, the date on which the requesting party first learned of the need to ask for a postponement, and any other information deemed material to the request. 2. Copy to other side: The party or lawyer who requests the postponement must show on the face of the written request that a copy was mailed, delivered, or faxed to the other party or attorney, and the date the copy was so provided. REASONS FOR POSTPONEMENT AND TIME REQUIREMENTS FOR REQUEST: 1. Requests made more than two (2) weeks before the scheduled conference date: A conference may be postponed or rescheduled 2 weeks in advance for the following reasons: a) Mediation or arbitration in the case is scheduled, b) A party or a lawyer has a planned vacation, Continuing Legal Education, religious or other holiday, or other significant personal event such as graduation, a wedding, etc. c) Another court event such as a hearing, trial, or deposition is already scheduled and/or takes priority pursuant to the Uniform Superior Court Rules. 2. Request made less than ten (10) days before the scheduled conference: A conference will not be postponed or rescheduled with less than ten (10) days advance notice except for the following reasons: a) Another court appearance that was set within the ten (10) days before the conference and that takes priority pursuant to the Uniform Superior Court Rules. b) An unexpected event occurs that affects or involves a party, lawyer, or immediate family member, such as serious illness, serious accident, death or unexpected emergency. CONSEQUENCE OF FAILURE TO APPEAR AT A CONFERENCE: If request for postponement or rescheduling is denied or not approved before the scheduled conference and a party or lawyer fails to appear at a conference as scheduled, sanctions, or penalties as noted in the Order to Appear at the 30-Day Scheduling Conference may be imposed, including final disposition of the case. Revised 6/8/07 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, CIVIL ACTION FILE V. NO. Respondent. DOMESTIC RELATIONS FINANCIAL AFFIDAVIT You are required to make to the Court, under oath, a FULL DISCLOSURE of your income, net worth and financial condition on this form. Fill out each and every section of this form. If something does not apply to your situation, write, "N/A". l . Your Name: DOB Address: City: State: County: Zip Code: Spouse's Name: DOB Address: County: City: State: Zip Code: Date of Marriage: Date of Separation: Names and birth dates of children for whom support is to be determined in this action: Names and birth dates of your other children who are living with you: Names and birth dates of the children for which you are obligated to pay support by a court order: 2. EMPLOYMENT AND INCOME Occupation: Employed By: Number of exemptions claimed: Pay period (ie, weekly, monthly, etc.) If you are employed, but expecting soon to become unemployed or change jobs, describe the change you expect and why and how it will affect your income. If currently unemployed, describe your efforts to find employment, how soon you expect to be employed, and the pay you expect to receive: EXCEPT IN PROCEEDINGS FOR ADOPTION, ENFORCEMENT, CONTEMPT, AND INJUNCTIONS FOR DOMESTIC OR REPEAT VIOLENCE, ALL OF THE FOLLOWING MUST BE ATTACHED TO THE COPY OF THIS FINANCIAL AFFIDAVIT SERVED ON THE OPPOSING PARTY. THE ATTACHMENTS SHALL NOT BE FILED WITH THE COURT. Your three (3) most recent pay stubs, your three (3) most recent Federal and State tax returns, and the most recent W-2 forms. If last year's Federal income tax return has not yet been filed, attach W-2s, 1099s, K-I Is, and any other document to be attached to your tax return. If the attachments are not made to the copy served on the opposing party, an explanation is required. 3. SUMMARY OF YOUR INCOME AND NEEDS (a) (b) (c) (d) Gross monthly income (from Item 4A) $ Total income taxes paid on above income (Incl. Fed., State and FICA) $ Net monthly income (from Item 4C) $ Expenses Average monthly expenses (Item 5A) $ Monthly payments to creditors (Item 5B) $ TOTAL monthly expenses and payments to creditors (Item 5C) $ Domestic Relations Financial Affidavit Fulton County Family Division 4. YOUR MONTHLY INCOME A. Gross Income (All income whether earned or unearned, from any source, must be entered based on monthly average regardless of date of receipt. Salary or Wages $ Bonuses, Commissions, Allowances, Fees, Overtime, Tips and similar payments (based on past 12-month average or time of employment if less than 1 year) $ Income from sources such as self- employment, partnership, close corporations and independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) ATTACH SHEET ITEMIZING YOUR CALCULATIONS. $ Severance Pay $ Disability/Unemployment/Worker's Compensation $ Recurring Income from Pension and Retirement Plans or Annuity payments $ Social Security benefits $ Other public benefits (do NOT include means-tested public assistance such as TANF or food stamps) $ Spousal or child support from people not in this case $ Interest and Dividends $ Rental income (gross receipts minus ordinary and necessary expenses required to produce income) ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ Reimbursed expenses and In kind payments to the extent they reduce personal living expenses $ Fringe Benefits (if significantly reduce living expenses) $ Income from Royalties, Trusts or Estates $ Capital Gains or Gains derived from dealing in property (not including non-recurring gains) $ Prizes/Lottery Winnings $ Gifts (cash or other liquid assets or which can be converted to cash) $ Judgments from Personal Injury or other civil cases where cash is received on a recurring basis $ Assets used for support of family $ Other income of a recurring nature (specify source) $ Gross Monthly Income $ Domestic Relations Financial Affidavit Fulton County Family Division B. Benefits of Employment List and describe (where requested below) all benefits of employment not deducted from your wages or salary. These are defined as those costs paid directly by your employer on your behalf. Most, if not all, of these benefits are listed below. If a benefit(s) is not listed, fill in "other" and, describe the benefit in the space provided. Automobile Payment Allowance Gasoline Insurance Other (Describe) Medical/Dental Expenses Insurance .Health Life Disability Other (Describe) Deferred Compensation (Describe) Employer Contribution to Retirement or Stock Club Membership Reimbursement Expenses (to the extent they reduce personal living expenses and are not included in 4A) (Describe) OTHER (Describe) TOTAL $ $ $ C. Net Income 5. Net monthly income from employment (deducting only state and, federal taxes, FICA, and self-employment tax, if applicable) $ YOUR NEEDS A. AVERAGE MONTHLY EXPENSES HOUSEHOLD Residence V" Mortgage 2°d Mortgage Domestic Relations Financial Affidavit Fulton County Family Division Equity line of credit $ Other $ Property taxes $ Rent Payments $ Homeowner/Renter Insurance $ Condo, maintenance fees/homeowners association fees $ Electricity $ Water $ Gas $ Garbage and Sewer $ Telephone $ Cellular Telephone $ Repairs and Maintenance $ Lawn care $ Pool care $ Pest control $ Cable television $ Burglar alarm/security system $ Miscellaneous household and grocery items $ Meals outside home $ Meals outside home Pets: grooming $ veterinarian $ food $ Drugstore items $ Service contracts on appliances $ Domestic help $ Internet $ Other (Attach sheet) $ AUTOMOBILE Gasoline and Oil $ Repairs $ Auto tags and License $ Insurance $ Alternative transportation (bus, public transportation, etc.) $ Tolls and parking $ OTHER VEHICLES, BOATS, TRAILERS Gasoline and Oil $ Repairs $ Tags and License $ Domestic Relations Financial Affidavit Fulton County Family Division Insurance $ Other (Attach sheet) $ OTHER EXPENSES Life Insurance $ Disability Insurance $ Dry cleaning and laundry $ Grooming $ Clothing $ Medical/dental (out of pocket/uncovered expenses) $ Prescriptions (out of pocket/uncovered expenses) $ Gifts (special holidays) $ Entertainment $ Vacations $ Travel expenses necessary for parenting time/visitation $ Retirement/401 -K Contributions $ Publications $ School alumni dues $ Union dues $ Club membership dues and expenses $ Religious and charities $ Professional expenses (other than this proceeding) $ Bank charges/credit card fees $ Miscellaneous (attach sheet) $ Other (attach sheet) $ Alimony paid to former spouse(s) $ Child support paid for other children $ (Date of initial order: County and State: Case number: CHILDREN'S EXPENSES (Per child) Child care- school year Child care- summer School tuition School uniform Other school expenses Private lessons (e.g. music, dance, etc) Tutoring Lunch money NAME NAME NAME NAME $ $ Domestic Rdations Financial Affidavit Fulton County Family Division Allowances $ Clothing $ Cellular telephone $ Medical/dental (out of pocket/ uncovered expenses $ Psychiatric/psychological/ counseling (out of pocket/ uncovered expenses) $ Prescriptions (out of pocket/ uncovered expenses) $ Grooming $ Gifts from children to others $ Entertainment $ Toys $ Books/Publications $ Sumner camps $ Sports and extracurricular activities $ Other (attach sheet) $ Sub-total Child(ren) Expenses $ INSURANCE Health Total $ Child(ren) portion $ Dental Total $ Child(ren) portion $ Vision Total $ Child(ren) portion $ Life Insurance on child(ren)'s life on ly $ Other (specify) $ Sub-total Child(ren)'s Insurance $ TOTAL AVERAGE MONTHLY EXPENSES (Section A) $ Domestic Relations Financial Agidavit Fulton County Family Division B. PAYMENTS TO CREDITORS Account # To Whom (last 4 digits) Monthly Balance Due Payments TOTAL (Section B) S $ Name(s)on Account C. TOTAL MONTHLY EXPENSES AND PAYMENTS TO CREDITORS $ 6. ASSETS (If you claim or agree that all or part of an asset is non-marital, indicate the non-marital partion under the appropriate spouse's column. "Non-marital" means your spouse or you had this asset before the marriage or received it by personal gift or inheritance during the marriage. The total value of each asset must be listed in the "value" column. "Value" means what you believe to be the fair market value of the item or property. ACCOUNT(S) ACCOUNT # VALUE HUSBAND'S WIFE'S NAME (last 4 digits) Non-Marital Non-Marital RETTRIEMENT ACCOUNTS: 401-K Pension IRA Other NON-RETIREMENT ACCOUNTS: Stocks Bonds CDs Investments Money Market Cash on hand Other accounts (Describe) Domestic Relations Finsncial Affidavit Fulton County Family Division BANK ACCOUNTS: Savings Checking Checking Checking Custodial Custodial Other 12 month Average Current Name of Bank Account Number Balance Balance (only last 4 digits) Name(s) on the Account REAL ESTATE: HUSBAND'S WIFE'S Non-Marital Non-Marital Home: Value Outstanding Loan balances Equity (Certified fair market value minus loan balances) Other real estate: Nalne/Description 1) Value Outstanding Loan balances Equity 2) Value Outstanding Loan balances Equity 3) Value Outstanding Loan balances Equity Money owed to you Tax refund due Life insurance (cash surrender value) Funaiture/f nnishings Jewelry Collectibles Other VALUE HUSBAND'S WIFE'S Non-Marital Non-Marital Domestic Relations Financial Atrklavit Fulton County Family Division BUSINESS INTERESTS The term. "Business" for purposes of this form and your disclosure includes any business entity or business operation of any kind in which you have any claim or ownership interest including, without limitation, your claim or interest in any sole proprietorship, partnership, limited partnership, limited liability company, joint venture, syndicate, closely held corporation, sub-chapter S corporation or any other type of business entity in Georgia or any other jurisdiction. For tatch Business in which you have any claim, interest or ownership, list separately and completely the information in the form below and produce the documents required in this section. Legal same of Ded"M (sad dlWa if any) Type of badness cstity (i.e. So" Corp., C Corp., L+Cs LLPI Partnership, Sole Proprietorship etc.) Resins activity Percentage of ®wnersbip Date business isterest acquired F,stimted fair Market valVe of anraership interest Pereeat of iotsl interest that h Now =What For each Business Interest you have listed above, attach copies of corporate or partnership income tax returns for the last three years, and attach annual fimancial statements for the last full year as well as financial statements from the end of the last full year until the present. The term "financial statements" inchsdes, at a minimum, income and profit and loss statements and balance sheets showing assets and liabilities including without Hinkation current accounts receivable and payable. For the last three years, for sole proprietorships, produce your IRS Schedule C forms with your Form 1040 personal tax returns. Also produce related bank account records as well as statements of income, expenses, and current accounts receivable and payable. Dowatic Rdatiom FirwwW" t Affidavit Fuhm County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, ) and ) Respondent. ) Civil Action File No. ANSWERS TO INTERROGATORIES No later than thirty (30) days from the filing of the Complaint, each party is required to serve answers to these Interrogatories to the other party in any proceeding for request of temporary relief or permanent financial relief including, but not limited to, a request for support, alimony, equitable division of property, attorney's fees or other financial payments and to file a certificate, indicating that the Answers to Interrogatories were served, the date of service, and the persons served. Where the answer to an interrogatory may be derived, or explained from business records of the party required to answer these Interrogatories or from an examination, audit or inspection of business records, or from a compilation, abstract, or summary based on records, and the burden of deriving or explaining the answer is substantially the same for the party answering these Interrogatories, it is, sufficient to answer the interrogatory by identifying and attaching the records which explain or provide the answer: I . BACKGROUND INFORMATION: a. State your full legal name and any other name by which you have been known: b. State your present residence and employment or business addresses and telephone numbers: C. State the name, age and relationship to you of each person residing at your present address: d. List all business, commercial, and professional licenses which you now hold or which you have held in the last three (3) years: Answers to lmcrrogatories Fulton County Family Division e. List all of your education after high school, including but not limited to, vocational or specialized training, including the following: Name and address of each educational institution. Dates of attendance. Degrees or certificates obtained. 2. EMPLOYMENT: For each place of your employment or self-employment during the last three (3) years, state the following information: Name, address, and telephone number of your employer Dates of employ- ment Job title and brief description of job duties Starting and ending salaries Name of your direct supervisor NOTE: If you have been unemployed at any time during the last three (3) years, show the dates of unemployment. If you have not been employed at any time in the last three (3) years, give the requested information for your last period of employment. Answers to interrogatories Fulton County Family Division 3. INCOME: a. For each of the last three (3) years, state the following information: Each source of your income The amount of income you received from each source, including earned, passive, and investment income and capital gains. b. For each of your present employment, self-employment, business, commercial, or professional activities, state the following information: Type of How often An itemization of your Any additional employment and on what gross salary, wages, and compensation or expense days you are income, and all reimbursement, paid. deductions from that including, but not limited gross salary, wages, and to, overtime, bonuses, income. profit sharing, insurance, expense account, automobile or automobile allowance that you have received or anticipate receiving. 4. CLAIM OF NON-MARITAL PROPERTY INTEREST: Do you own personal or real property or sums of money which you claim as your separate or non-marital property? If so, please describe the property in detail and explain with Answers to lutwoptories Fulton County Family Division specificity why you believe that it constitutes your separate or non-marital property. "Non maritar means you had this asset before the marriage or received it by personal gift or inheritance during the marriage. List the total value of each asset. "Value" means what you believe to be the fair market value of the item or property: 5. PROPERTY HELD BY OTHERS Is there any property held by any third party over which you have any control? If your answer is yes, indicate whether the property is shown on the Financial Assets completed by you. If it is not, describe and identify each such asset and state its present value and the basis for your valuation. Also, identify the person holding the asset. Asset Present Value Basis of Valuation Person Holding Asset 6. INSURANCE a. Identify each health, life, automobile, and disability insurance policy or plan that you now own or that covers you, your children, or your assets. State the policy type, policy number and name of company. Identify the agent and give the address. Policy Type Policy Number Name of Insurance Agent & Address Company b. State the amount you pay for life insurance premiums on your life for the benefit for the amount of child(ren) involved in this case. ?. CHILDREN'S EXPENSES Where applicable, state the regular cost, on a monthly basis, of the following child related expenses incurred on behalf of the child(ren). If any of these expenses did not incur prior to Answers to Interrogatories Fulton County Family Division six (6) months before the filing of this action, state when responsibility for the payment began. a. Child care costs related to your work or employment b. Private school and extraordinary educational expenses c. Tutoring and private lessons d. Extracurricular activities e. Summer and sports camps f The portion of health insurance premium payments for child(ren) only g. Child(ren's) extraordinary medical expenses h. Health care expenses not covered or paid by the insurance carrier, including co pays and deductibles i. Your reasonable and necessary travel expenses for exercising parenting time/visitation time with your children, and the month and year you began paying these expenses. 8. GIFTS List any gifts you have made without the consent of your spouse in the past twenty-four (24) months, their value and the recipients. Description of Gift Value Recipient 9. AGREEMENTS Did your spouse and you make any written agreements before or during your marriage or after your separation that affect the disposition of assets, debts, or support in this proceeding? If your answer is yes, for each agreement, state the dates made, and attach a copy of the agreement. 10. LEGAL ACTIONS Are you a party or do you anticipate being a party to any legal or administrative proceeding other than this action? If your answer is yes, state your role and the name, jurisdiction, case Answers to Interrogatories Fulton County Family Division number, and a brief description of each proceeding. Your Role Case Name Jurisdiction Case Number Brief Description 11. HEALTH Is there any physical or emotional condition that limits your ability to work? If your answer is yes, state each fact on which you base your answer. 12. CHILDREN'S NEEDS Do you contend your children have any special needs? If so, identify the child with the need, the reason for the need, its cost, and its expected duration. Child's Name Cost Expected Duration Describe the special needs: 13. OTHER CHILDREN IN THE HOUSEHOLD Are there any minor children living in the family household that you have a legal duty to support (not to include step-children) but are not the children of both parties in this Answers to Interrogatories Fulton County Family Division proceeding? If you enter yes, state the name of the child, date of birth and the name of the child's other parent. Child's Name I Date of Birth I Name of Other Parent 14. CHILD CARE PLANS In the event you receive custody of your children as you have requested, please state in detail your anticipated plans for child care when you are working and the child is not in school or with your spouse. Answn to Imer"atotim Fuhoo County Family Division I AM AWARE THAT ANY FALSE STATEMENT KNOWINGLY MADE BY ME WITH THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY FOR PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE COURT. I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND FULL DISCLOSURE OF MY FINANCIAL CONDITION. Signature of party signing affidavit Printed name Address Telephone (area code and number) Facsimile (area code and number) STATE OF GEORGIA COUNTY OF Sworn to and subscribed before me on this day of , 200. NOTARY PUBLIC Ansvas to lntenogUories Fulwo County Fundy Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, ) Civil Action File No. and ) Respondent. ) } CERTIFICATE OF SERVICE OF ANSWERS TO INTERROGATORIES I CERTIFY THAT THE ANSWERS TO THESE INTERROGATORIES WERE: (check one only) mailed, facsimiled and mailed, or hand delivered to the person(s) listed below on the day of , 200 Parry or their attorney if represented: Name Address Telephone No. Facsimile No. DATED: Signature of party or attorney, if party is represented by counsel Printed name Address Telephone (area code and number) Facsimile (area code and number) Answas to Interrogatories Fuhoa County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, ) Civil Action File No. and ) Respondent. ) REQUIRED DOCUMENTS TO BE PRODUCED No later than thirty (30) days from the filing of the Complaint, each party shall be required to serve the following documents to the other party in any proceeding for a request for temporary relief or permanent financial relief including, but not limited to, a request for child support, alimony, equitable division of property, attorney's fees or other financial payments and to file a certificate indicating the Required Documents were served on the other party, the date of service, and the persons served: Domestic Relations Financial Affidavit as provided in the mandated discovery provisions of the Family Division Rules. 2. All federal and state income tax returns, gift tax returns and intangible and personal property tax returns filed by you or on your behalf for the past three (3) years. 3. IRS forms W-2, 1099 and K-I for the past year, if the income tax return for that year has not been prepared. Also, if the income tax return has not been prepared, a year- ending pay stub received from your employer should be provided. 4. Pay stubs or other evidence of earned income for the twelve ( 12) months prior to the filing of the action. 5. A statement by you identifying the amount and source of all income received from all sources during the twelve (12) months preceding the filing of this action if same is not reflected on the pay stubs produced. 6. Evidence of all self-employment income during the twelve (12) months prior to the filing of this action. This shall include, but not be limited to, financial statements, bank statements, statements of accounts receivable and payable, and other RegWmd Documents to be Produced FuNon County Fatuity Division documents relating to income from business operations, work as an independent contractor or consultant, sales of goods and services, and rental properties, less ordinary and reasonable expenses necessary to produce self-employment income. 7. Evidence of all rental income received and expenses incurred during the twelve (12) months prior to filing of this action. You may provide an accounting of expenses and payments received that can be verified by other available documentation. 8. Documents and records of all social security payments, disability payments, and retirement benefits received during the twelve (12) months prior to the filing of this action. Your annual statement compiled by the Social security Administration shall be produced. 9. All loan applications and financial statements prepared or used within the three (3) years preceding the filing date of this action, whether used for the purpose of obtaining or attempting to obtain credit for any other purpose. 10. The most recent statement for any liquid fiord assets, including, but not limited to, profit-sharing, 401-K, money market, stock and securities, bonds, accounts, retirement and pension plan. 11. Corporate, partnership and trust tax returns for the last three (3) tax years, if you have an interest in a corporation, partnership or trust. 12. All written pre-marital or marital agreements entered into at any time between you and your spouse, whether before or during the marriage. 13. All court orders directing you to pay or receive spousal or child support, even if received from or paid to a third party. You must provide proof that the payments are actually being paid as evidenced by documentation including but not limited to, payment history from a court clerk, a IV-D agency (as defined in O.C.G.A. § 19-6-31), the Child Support Enforcement Agency's computer data base, the child support payment history, canceled checks, or other written proof of payments paid directly by or to the other party. 14. A summary statement that can be supported by other documents or records in your possession or control evidencing the following expenses incurred on behalf of your minor children (for whom support is being determined in this action) during the twelve (12) months preceding the filing of this action: a. Child care costs related to your work or employment b. Private school and extraordinary educational expenses c. Tutoring and private lessons . d. Extracurricular activities e. Summer and sports camps Required Documents to be Produced Fulton County Family Division f Health insurance premium payments (portion for children only) and extraordinary medical expenses g. Health care expenses not covered or paid by insurance carrier (including co pays and deductibles) h. Your reasonable and necessary travel expenses for exercising parenting time/visitation time with your children i. Minor children living in the family household that you have a legal duty to support (not to include step-children) but are not the children of both parties in this action. 15. Proof of payment of life insurance premium payments that you pay on your life for the benefit of the minor children involved in this case. 16. For any business (as defined in the Family Division Domestic Relations Financial Affidavit) in which you have any interest, produce the documents listed below. If any documents are not readily available to you, produce such documents as soon as available and, in any event, within sixty (60) days from the date of filing this action. a. Complete federal, state and other governmental tax returns of any kind for the last three (3) years filed by the Business; and b. Annual balance sheets and profit and loss statements for the most recent three (3) years and quarterly, monthly and "year-to-date" financial statements for the current fiscal year, and c. A statement of current accounts receivable and accounts payable; and d. A statement of all current loans and payables, if any, you owe to the Business and all loans or other payables the Business owes to you; and e. All evaluations or appraisals you have received stating the value of the Business or your interest in the Business during the last three (3) years. Required Doannents to be Produced Fulton County Family Division I AM AWARE THAT ANY FALSE STATEMENT KNOWINGLY MADE WITH THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY FOR PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE COURT. I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE INFORMATION CONTAINED IN THIS FORM CONSTITUES A COMPLETE AND FULL DISCLOSURE OF MY FINANCIAL CONDITION. Printed Name - Address City State Zip Telephone (area code and number) Facsimile (area code and number) STATE OF GEORGIA COUNTY OF Sworn to and subscribed before me on this day of 20^ NOTARY PUBLIC (Print, type or stamp commissioned name of notary) Requircd Doeurnents to be Produced Fulton County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION and Petitioner, Respondent. CERTIFICATE OF SERVICE OF REQUIRED DOCUMENTS } } ) Civil Action File No. I CERTIFY THAT THE REQUIRED DOCUMENTS TO BE PRODUCED WERE: (check one only) ' mailed, facsimiled and mailed, or hand delivered to the person(s) listed below on the day of , 200 Party or their attorney if represented: Name Address Telephone No. Facsimile No. DATED: Signature o, f 'party or attorney, if party is represented by counsel Printed name Address Telephone (area code and number) Facsimile (area code and number) Required Docuamis. to be Produced Fulton County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, ) } and ) } ) Respondent. ) Civil Action File No. 30-DAY JOINT COMPLIANCE CERTIFICATE The parties agree and show this Court that they have met the requirements to seek the cancellation of the 30-Day Status Conference by attaching hereto: 1) a 30-Day Joint Compliance Worksheet; 2) a completed Domestic Intake Worksheet; 3) a 60-Day Status Conference Order, and 4) two self-addressed, stamped envelopes, with return address for the 60-Day Status Conference Order to be returned to each counsel (or party), and, if applicable, a third envelope for the Guardian ad Litem. Both parties, in compliance with the rules of the Family Division, have exchanged Domestic Relations Financial Affidavits, Child Support Worksheet and Schedules, Answers to Interrogatories and all documents listed in the `Required Documents To Be Produced' or agree to exchange the Affidavit, Child Support Worksheet and Schedules, Answer and Documents by 200_, which is less than twenty (20) days from the date set for the 30-Day Status Conference in this matter. All further discovery will be completed by , 200, subject to the statutory duty to supplement discovery through commencement of trial. 30-Day Joint Compliance Certificate Fulton County Family Division Both parties agree that there are no unresolved issues to be heard by the Court at this time. Signed this day of , 200. Signed this day of 200. Signature of Party (or Counsel) Signature of Party (or Counsel) 30-Day Joint Compliance Certificate Fulton Canty Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, ) } and ) Respondent. ) Civil Action File No. 60-DAY JOINT COMPLIANCE CERTIFICATE The parties agree and show this Court that they have met the requirements to seek the cancellation of the 60-Day Status Conference by attaching hereto: 1) a Family Division Consolidated Scheduling Order; 2) a 120-Day Status Conference Order; and 3) two self-addressed, stamped envelopes, with return address for the 120-Day Status Conference Order to be returned to each counsel (or party), and, if applicable, a third envelope for the Guardian ad Litem. Further, both parties agree that there are no unresolved issues to be heard by the Court at this time. Signed this r day of , 200 . Signed this r day of , 200-. Signature of Party (or Counsel) Signature of Party (or Counsel) 60 Day Joint Comptimm Certificate Fulton County Family Division Date: 30 DAY JOINT COMPLIANCE WORKSHEET CASE STYLE: and Petitioner Respondent CASE NUMBER: Filing Date: Related Case Number: Service Date: Attorney for Petitioner (or Petitioner, if Pro Se) Attorney for Respondent (or Petitioner, if Pro Se) (name & address) (name & address) TELEPHONE NUMBER: (. ) TELEPHONE NUMBER: ( ) TYPE OF CASE: 0 Divorce ? Legitimation 0 Patemlly ? Divorce with Children ? Visitation D Other: D Custody ? Child Support o Separate Maintenanceo Modification CASES WITH CHILDREN: No. of Children involved: mes Gender Date of BkM I ISSUES REGARDING THE CHILDREN: Petitioner is seeking the fora: Resoondere is seekino the foilowina: ? Legal Custody: ?Sole or OJow t D Legal Custody: ?Sole or DJoint ? Physical Custody: DSole or ?Joint -D Physical Custody: ?Sole or DJoint ? Visitation 0 Viisilation ? Child support: Wired or DThrough Child Support Registry D Child support: DDired or DThrough Child Support Registry D Other. 0 Other. 30-Day Joint Compliance Worksheet Fulton Comity Family Division r Have the parties attended the Children of Divorce Seminar? (Check if they have) o Petitioner o Respondent ISSUES INVOLVING DIVORCE: Date of Marriage: Date of Separation: Date of Divorce: REQUEST FOR SERVICES FOR PARTIES: ? APPOINT Guardian ad Litem OR o TO BE DETERMINED o The parties agree to use the following Guardian ad Litem: (name, address, and telephone number of guardian) o The parties prefer a Court Appointed Guardian ad Litem. The expense will be borne by: o Petitioner o Respondent o Both parties Equally o To be determined o MEDIATION OR ? TO BE DETERMINED o The parties agree to use the following private mediator:: (name, address, and telephone number of mediator) The expense will be borne by: a Petitioner o Respondent o Both parties Equally o To be determined o The parties prefer to attend Court Sponsored Mediation o COOPERATIVE PARENTING OR ? TO BE DETERMINED o CHILDREN'S DIVORCE SUPPORT GROUP OR ? TO BE DETERMINED o PSYCHOLOGICAL EVALUATION OR o TO BE DETERMINED ? By Dr. of Fulton County Family Division o By a Doctor chosen by the parties: (name, address, and telephone number of psychologist) o The Parties each choose a doctor and that doctor then chooses the psychologist. The expense will be bore by: o Petitioner o Respondent o Both parties Equally o To be determined o LATE CASE EVALUATION OR o TO BE DETERMINED ? SUBSTANCE ABUSE TESTING ANIOR COUNSELING OR ? TO BE DETERMINED The expense will be borne by: o Petitioner ? Respondent ? Both parties Equally ? To be 'determined o OTHER THESE REQUESTS MUST BE COMPLETED BY THE CONCLUSION OF THE 60-DAY STATUS CONFERENCE, UNLESS FOR GOOD CAUSE SHOWN. Comoinim Fulton County Fwni7y Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, ) and ) Civil Action File No. Respondent. ) PROPOSED PRE-TRIAL ORDER Each party is required to complete each and every portion of this form that pertains to such party, and to return this form and the attachments with a cover sheet showing the style of the case, the Civil Action File Number, and the title, `Proposed Pre-trial Order'. The original is to be filed directly with the Clerk, a courtesy copy shall be served with the case manager, and a copy shall be served on the other party no later than fourteen (l4) days before the scheduled date of the late case evaluation or as otherwise ordered by the Court. By seven (7) days prior to trial or as otherwise ordered by the Court the parties shall confer and consolidate statements and attachments and return this form and the attachments with a cover sheet showing the style of the case, the Civil Action File Number, and the title `Consolidated Pre- trial Order'. The original is to be filed directly with the Clerk, a courtesy copy with the case manager and a copy shall be served on the other party. After each party has been served with the opposing party's attachments, they may file an objection as to either the form or substance of such attachments and the contentions contained therein. Proposed Pre-Trial Order Fulton County Family Division The primary purpose of this Order is to narrow the issues and to disclose to each side and to the Court what matters are in dispute and what matters are undisputed, agreed upon or stipulated. The Court deems that all parties are under a continuing duty to promptly advise the other parry prior to both the late case evaluation and trial if any new theory of liability or defense arises, if new witnesses or evidence is discovered, or if any statement in the Pre-trial Order is discovered to be misleading or untrue so as to mislead, deceive or cause surprise to any party or the Court. 1. ATTORNEY INFORMATION The following individually-named attorneys are hereby designated as lead counsel for the parties (include addresses, telephone and facsimile numbers): Mother: Father: Guardian ad item: II. ISSUES OF JURISDICTION. VENUE OR SERVICE Any issue of jurisdiction, venue, or service must be set forth in Attachment `A' with particularity and the alleged fact basis for the same, or it is deemed waived. Proposed Pre-Trial Order Fuhoa County Family Division III. MOTHER'S CONTENTIONS Mother has prepared Attachment `B' which contains a short and concise statement explaining her contentions regarding the following issues where appropriate: A. Divorce/annulment - state the grounds for divorce or annulment; B. Paternity/legitimation; C. Child Custody - include with the concise statement the name(s) and age(s) of the child(ren); list all prior custody orders and/or visitation arrangements; and provide a proposed custody and visitation schedule; D. Child Support; E. Alimony/separate maintenance; F. Property Division - include proposed division using the attached form; G. Other. IV. FATHER'S CONTENTIONS Father has prepared Attachment `C' which contains a short and concise statement explaining his contentions regarding the following issues where appropriate: A. Divorce/Annulment - state the grounds for divorce or annulment; B. Paternity/legitimation; C. Child Custody - include with the concise statement the name(s) and age(s) of the child(ren); list all prior custody orders and/or visitation arrangements; and provide a proposed custody and visitation schedule; Proposed Pre-Trhd Order Fulton County Fsmily Division D. Child Support; E. Alimony/separate maintenance; F. Property Division - include proposed division using the attached form; G. Other V. FINANCIAL AFFIDAVITS For actions involving alimony, child support, property division, and attorney's fees, both parties have prepared and attached hereto Financial Affidavits, Child Support Worksheet and Schedules pursuant to Uniform Superior Court Rule 24.2 (as modified for Family Division) with their proposed orders. VI. DISCOVERY All discovery has been completed, unless otherwise noted in Attachment `D', and the Court will not consider any further motions to compel discovery. Provided there is no resulting delay in readiness for trial, the parties shall, however, be permitted to take the depositions of any person(s) for the preservation of evidence and for use at trial. VII. MOTIONS There are no motions or other matters pending for consideration by the court except as indicated in Attachment `E'. This excludes Motions in Limine which should be presented to the Court as soon as possible prior to commencement of trial. Proposed Pm-TrW Order Felton Cowrty Fanily Division VIII. LIST OF WITNESSES Attached hereto as Attachment `F-I' for the Mother and Attachment `F-2' for the Father, is a list of all the witnesses and their addresses. The list must designate the witnesses whom the party will have present at trial and those witnesses whom the party may have present at trial. Each and every witness, even if a factual witness only, who, by reason of training, skill, or experience, could be qualified at trial to render an expert opinion must be listed as a potential expert witness. A witness designated by a party as one who will be present can be relied upon by the other party to be at trial without the necessity of subpoena, unless notice to the contrary is given ten (I0) days prior to trial to allow the other party(s) to subpoena the witness or to obtain testimony by other means. A party must subpoena or otherwise independently arrange to have witnesses present that are listed as witnesses that the party may call. A witness presently known to a party who is not listed by such party, or any other party, cannot be called to testify at trial without good cause. For example, good cause may be that by the time of trial such witness was already known by the other party, or that the party has timely notified the other party of this additional witness. Other examples of good cause may be where such additional witness has just been discovered or the witness will testify to matters recently brought into issue before or at trial. IX. DOCUMENTARY EVIDENCE, EXHIBITS AND RELATED COURT ORDERS Parties should mark for identification all exhibits she or he presently, in good faith, expects to introduce at trial. Further, the parties are directed to exhibit and, where possible, furnish a copy Proposed Pre-Trial Order Fulton County Family Division of such evidence to the opposing party prior to the late case evaluation conference. All such exhibits shall be made available for review at the late case evaluation. Attached to each party's proposed Pre-trial Order shall be Attachment `G-1' for Mother and Attachment `G-2' for Father, each listing exhibits that will be used at trial and briefly describing each exhibit with sufficient particularity. Attached to the Consolidated Pre-trial Order shall be Attachment `G-1' for Mother and Attachment `G-2' for Father, each listing exhibits that will be used at trial by their respective numbers and briefly describing each exhibit with sufficient particularity so that the opposing party, after viewing the other party's Attachment and seeing the list, can identify specific exhibits for purpose of objection. Unless noted, the parties have stipulated as to the authenticity of the documents listed and the exhibits listed may be admitted without further proof of authenticity. If either party discovers or determines that an exhibit(s) will be tendered at trial which is not listed on their Attachment, then he or she must furnish a copy of the exhibit(s) or notify the opposing party of this matter as soon as practical and no later than prior to the pre-trial hearing. Do not attach the documents or copies of the documents to this Order. A copy of the Final Judgment and Decree of Divorce, if applicable, and any other temporary or permanent orders relating to the issues of this case shall be attached to this Order. X. PECULIAR PROBLEMS OR CONTINGENCIES REGARDING THIS CASE Each party has set forth any problems or contingencies regarding this case in Attachment H'. Proposed Pre-Trial Order Fuhon County Family Division XI. BRIEF OF AUTHORITIES AND EVIDENTIARY PROBLEMS Each party has requested to set forth any evidentiary problems known or foreseen by them at this time. When desired, they may also submit case authority in support of, or in opposition to, such evidence if tendered at trial. All statutes, ordinances and regulations relied upon by either party shall be set forth in attachment `I-l' for Mother and Attachment `I-2' for Father. The parties may submit any trial briefs they so desire. XII. Mother: EXPECTED TRIAL LENGTH Father. ANSWER THE FOLLOWING IN THE EVENT EITHER PARTY HAS FILED A JURY DEMAND: XIII. QUALIFICATION OF JURY Attached hereto as Attachment `J' and made a part of this order by reference are the questions which the parties request that the Court propound to the jurors concerning their legal qualifications to serve and associations that parties and counsel have that may create a conflict of interest. Proposed Pre-Trial Order Fulton County Family Division XIV. REQUEST TO CHARGE/VERDICT FORM Requests to charge must be submitted at the time the case is called for trial. Requests which are not timely filed will not be considered except as permitted by the Court. Parties are directed to refer to the latest edition of the Council of Superior Court Judges of Georgia, Suggested Pattern JW Instructions: Civil Cases, 3rd-ed. , Vol. 1, in preparing the requests to charge. Those charges will generally be given by the Court where applicable. Further, parties are cautioned that they need to submit charges peculiar and particularly tailored to the case because the Court will use such charges to flesh out the standard charges. Parties also are directed to submit proposed verdict forms at the time the case is called for trial. It is hereby ORDERED that the foregoing, including the attachments thereto, shall constitute the Pre-trial Order in the above case and supersede the pleadings which are hereby amended to conform hereto, and this Pre-trial Order shall not be amended except by mutual consent or by order of the Court to prevent manifest injustice. This day of , 200`. [NAMEI , JUDGE FULTON COUNTY SUPERIOR COURT/FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT Each party hereby consents to entry of the foregoing Pre-trial Order, which has been prepared in accordance with the form Pre-trial Order adopted by this Court. MOTHER FATHER Proposed Pre-Trial Order Fulton County Family Division SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, CIVIL ACTION and FILE NO. Respondent. CHILD SUPPORT ADDENDUM C1 The parties have agreed to the terms of this Order and this information has been furnished by both parries to meet the requirements of OCGA §19-6-15. The parties agree on the terms of the Order and affirm the accuracy of the information provided, as shown by their signatures at the end of this addendum. O This addendum includes findings of fact and conclusions of law and fact made by the Court, in compliance with OCGA §19-6-15. Application of Child Support Guidelines. The statutory requirements of OCGA §19-6-15 have been applied in reaching the amount of child support provided under the Final Order in this action. The specifics are as follows: 1. 2. 3 4. 5 Gross Income - The Father's gross monthly income (before taxes) is $ ; the Mother's gross monthly income is $ (before taxes). Number of Children - The number of children for whom support is being provided under this order is Attachments - The Child Support Worksheet and Schedule E are attached and made a part of this Addendum, along with any other applicable schedules. Child Support Amount - The support of the minor children, the sum of Dollars ($ ) per month, beginning on Duration of Child Support shall pay to the , for the 20 [You must check & complete only one of the following paragraphs.) D (a) Beyond Age 18 for High School - The child support shall continue monthly thereafter until each child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated. rovided tha enro man attending secondary school on a full-time basis, then the child support shall continue for the child through the Child Support Addaadum Fulton County Fwnily Division month when the child has graduated from secondary school or through the month when the child reaches twenty years of age, whichever occurs first. D (b) Stops at Age 18 The child support shall continue monthly thereafter until each child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated. 0 (c) Until Further Order - This is not a final order, so the child support shall continue until further order of this Court. 0 (d) Until Specific Date - The child support shall continue monthly thereafter until 6. Deviation from Presumptive Amount [You must check & complete only one of the following paragraphs.] 0 (a) No Deviation - It has been determined that none of the Deviations allowed under OCGA §19-6-15 applies in this case, as shown by the attached Schedule E. The amount of support in Paragraph 4 above is the Presumptive Amount of Child Support shown on the attached Child Support Worksheet. 0 (b) Deviation - It has been determined that one or more of the Deviations allowed under OCGA §19-6-15 applies in this case, as shown by the attached Schedule E. The Presumptive Amount of Child Support that would have been required under OCGA §19-6- 15 if the deviations had not been applied is $ per month, as shown on the attached Child Support Worksheet. The attached Schedule E explains the reasons for the deviation, how the application of the guidelines would be unjust or inappropriate considering the relative ability of each parent to provide support, and how the best interest of the children who are subject to this child support determination is served by deviation from the presumptive amount of child support. 7. Split Parenting - A split parenting situation occurs when the parents have two or more children together, where at least one of the children spends more than 50°/o of the time with one parent, and at least one of the children spends more than 50%+ of the time with the other parent. [You must check & complete only one of the following paragraphs.] 0 (a) Not Split Parenting Case - This case does not involve Split Parenting. 0(b) Split Parenting Case -This is a Split Parenting case. Separate Child Support Worksheets have been filed for the children living with the Mother and for the children living with the Father, and a Child Support Order Addendum has been entered in this action for each parent. At this time, the Mother is obligated to pay the sum of $ -- per month to the Father, and the Father is obligated to pay the sum of $ per month to the Mother. [If you checked (b) above, you must check & complete only one of the following sub paragraphs.] 0 (1) Net Payment - For so long as these amounts remain in effect, the shall pay only the difference between the two amounts (which is $ ) to the Child Support Addendum Fulton County Family Division who shall not be required to pay the child support obligation to the other parent. O (2) Zero Payment - The parents' child support obligations are equal. For so long as the amounts remain equal, neither parent shall pay any child support payment to the other parent- 0 (3) Full Payment From Each - Each parent shall pay the full amount of his or her child support obligation to the other. 8. Health, Dental & Vision Insurance for Children [You must check & complete all parts of only one of the following paragraphs, (a) or (b).J D (a) Insurance Available - The following insurance for the children involved in this action is available at a reasonable cost to the through that parent's employer or the PeachCare program: Cl Health (medical, mental health and hospitalization) O Dental D Vision. So long as it remains available to that parent, the shall maintain the types of insurance checked above for the benefit of the minor children, until each child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated; except that if a child becomes eighteen years old while enrolled in and attending secondary school on a full-time basis, then the insurance shall be continued for the child until the month when the child has graduated from secondary school or through the month the child reaches twenty years of age, whichever occurs first. (1) The parent who maintains the insurance shall provide the other parent with an insurance identification card or such other acceptable proof of insurance coverage and shall cooperate with the other parent in submitting claims under the policy. (2) All money received by one of the parties for claims processed under the insurance policy shall be paid within five (5) days after the party receives the money, to the other party (if that other party paid the applicable health care service provider) or to the applicable health care provider (if the provider has not been paid by one of the parties). O (b) Insurance Not Available - Insurance (other than Medicaid) is not available at this time to either party at a reasonable cost. If health insurance for the children later becomes available to the parent who is required to pay child support for these children, then that parent must obtain the following types of insurance, unless it is then being provided by the other parent: 0 Health (medical, mental health and hospitalization) D Dental O Vision. When insurance has been obtained by either party, Paragraphs 8 (a)(1) and (2) shall apply. 9. Uninsured Health Care Expenses - The shall pay % and the shall pay % of all expenses incurred for the Child Support Addendum Fulton County Family Division children's health care (including medical, dental, mental health, hospital and vision care) that are not covered by insurance. The path who fil curs a health care expense for one of the children shall provide verification of the amount to the other party. That other party shall reimburse the incurring parry (or pay the health care provider directly) for the appropriate percentage of the expense, within fifteen (15) days after receiving the verification of a particular health care expense. 10. Parenting Time Amounts - The approximate number of days of parenting time per year according to the visitation order is days for the Father and days for the Mother. 11. Social Security Benefits [You must check & complete only one of the following paragraphs.] ? (a) Not Received- The children do not receive Title II Social Security benefits under the account of the parent ordered to pay child support. ? (b) Received - The children receive Title II Social Security benefits under the account of the parent ordered to pay child support. The benefits received by the children shall be counted as child support payments, and shall be applied against the final child support order to be paid by that parent. (1) If the amount of benefits received is less than the amount of support ordered, the obligor shall pay the amount exceeding the Social Security benefit. (2) If the amount of benefits received is equal to or more than the amount of support ordered, the obligor's responsibility is met and no further support shall be paid. (3) Any Title 11 benefits received for the children's benefit shall be retained by the custodial parent or nonparent custodian for the children's benefit, and it shall not be used as a reason for decreasing the final child support order or reducing arrearages. 12. Modification [You must check & complete only one of the following paragraphs.] ? (a) Not Modification Action - This is an initial determination of child support, not a modification action. ? (b) Support Not Modified - This action is a modification action, but the order does not modify the amount of child support that was previously ordered for these children The date of the initial support order concerning this child support case was: ? (c) Support Amount Modified - The Order modifies the amount of child support that was previously ordered for these children.. The basis for the modification is: ? (1) Substantial change in the income and financial status of the Father; ? (2) Substantial change in the income and financial status of the Mother; ? (3) Substantial change in the needs of the Children; ? (4) The noncustodial parent failed to exercise visitation provided under the prior order; ? (5) The noncustodial parent has exercised more visitation than was provided in the prior order. The date of the initial support Order concerning this child support case was: Child support AddoWum Fuhon County Family Division 13. Continuing Garnishment for Child Support - Whenever, in violation of the terms of the order, there shall have been a failure to make the support payments, so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may also be collected by the process of continuing garnishment for support. 14. Income Deduction Order [You must check & complete only one of the following paragraphs: (a), (b) or (c).] D (a) An Income Deduction Order shall be entered by the Court, under OCGA § 19-6-32, for payment of the child support and alimony (if any) provided. The Income Deduction Order shall take effect: [To finish (a), you must check either (1) or (2). Do not check both] D (1) immediately upon entry by the Court. ? (2) upon accrual of a delinquency.equal to one month's support. The Income Deduction Order may be enforced by serving a "Notice of Delinquency," as provided in OCGA § 19-6-32 (f). ? (b) The parties agree that an Income Deduction Order is not immediately necessary. 0 (c) The Court finds that there is good cause not to require income deduction, having determined that income deduction will not serve the children's best interests and that there has been sufficient proof of timely payment of any previously ordered support. Parties' Consent (if applicable) - We knowingly and voluntarily agree on the terms of this Order. Each of us affirms that the information we have provided in this Addendum is true and correct. Father's Signature Mother's Signature CM7d Support Addendum Fuhon county Family Division ORDER The Court has reviewed the foregoing Child Support Addendum, and it is hereby made the Order of this Court. This Order entered on . 20 . JUDGE SUPERIOR COURT OF FULTON COUNTY ATLANTA JUDICIAL CIRCUIT Child support Addrndum Fuhon Cowq Family Division t ?4 a IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION V Petitioner, and -31 -- Respondent. ) } CIVIL ACTION FILE NO. FINAL AGREEMENT The parties have agreed to the following terms on a full and final basis and agree to abide by such terms. Further, the parties request that this Court incorporate their terms of agreement into a Final Judgment and Decree of Divorce. The terms of the final agreement are as follows: Cust Legal Physical Visitation: Child Support (Also see Child Support Computation Addendum to Final Order): Children's Medical Coverage: Income Premiums Uncovered Expenses Life Insurance: College. Final Agrmment Fuhon Cow" Family Division .{ Post-Secondary School Expenses: Ahmom: Possession of Marital Home: Possession of Other Real Property: Possession of Motor Vehicles: Equitable Division of Other Marital Assets. Including All Liquid Assets: Debt Payment Responsibilities: Attorney's Fees: Other: Signed this day of .200-. Signed this day of .. 200 . MOTHER FATHER jNAME] JUDGE FULTON COUNTY SUPERIOR COURT/ FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT Final Agreement Fulton County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, and Respondent. Civil Action File No. SCHEDULING ORDER The parties, having appeared in person at the (____-Day Status Conference) (Temporary Hearing) on 20Q, are hereby ORDERED to adhere to the following schedule: 1. All further discovery shall be completed by , 209_, subject to the statutory duty to supplement discovery through commencement of trial. 2. (a) The parties' depositions shall be completed no later than 200. (b) _All other depositions, except by agreement of counsel or for trial preparation, shall be completed no later than , 200 3. The parties shall attend mediation no later than , 200-. 4. The parties (and, if applicable their children) shall meet with for psychological/child custody evaluation. The expense will be paid by 5. The parties shall meet and be evaluated by a Guardian ad Utem, to be appointed by the Court or by , who has been selected by the parties. The expense will be paid by 6. The parties and their counsel shall appear in Courtroom on _ 200_, at a.m./p.m. for the -Day Status Conference. schedaing order Fulton County Family Division w y { Y Continue, where applicable: 7. The parties shall attend Late Case Evaluation with , no later than 200. The expense, if any, will be paid by 8. This case shall be placed on the trial calendar, commencing at a.mdp.m. 9. The parties shall attend and complete Cooperative Parenting Classes with no later than .200-. 10. shall attend counseling, to be completed by 11200-. 11. Other. SO ORDERED this day of 200. [NAME] , JUDGE FULTON COUNTY SUPERIOR COURT FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT scheduling order Fund, County Family Division IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner, Civil Action File No. and Respondent. CONSOLIDATED SCHEDULING ORDER The parties, having agreed upon the terms and provisions as set forth below, and by so doing, having agreed upon all issues for discussion and determination at the 60-Day Status Conference, and such agreement having been reviewed by this Court, it is hereby ORDERED that the parties adhere to the following schedule: 1. All further discovery shall be completed by , 200. Specific or unique issues or discovery procedures are to be addressed and completed as follows: 2. (a) (Only if different from prior Scheduling Order) The parties' depositions shall be completed no later than , 200_. (b) (Only if different from prior Scheduling Order) All other depositions, except by agreement of counsel or for preparation for trial, shall be completed no later than ,200-. 3. (Only if different from prior Scheduling Order) The parties shall attend mediation no later than , 200. 4. Psychological/Custody Evaluation to be completed no later than , 200. Specific or unique. issues are to be addressed and completed as follows: 5. Guardian ad Litem report to be completed no later than '200 . Specific or unique issues are to be addressed and completed as follows: Consolidated Scheduling Order Fulton County Family Division r-- i r v 6. Other: The major remaining disputed issues are as follows: The parties shall make the following efforts in an attempt to resolve the remaining disputed issues listed above: The parties agree a Late Case Evaluation (will be) f (will not be) helpful in facilitating settlement of the case. (If applicable), the parties shall attend Late Case Evaluation with , to be completed no later than , 200 . (If applicable and not filled in, to be completed by the Court.) This case shall be placed on the trial calendar, commencing at a.mJp.m. (To be completed by the Court.) SO ORDERED this day of 200^ [NAME] , JUDGE FULTON COUNTY SUPERIOR COURT FAMILY DIVISION ATLANTA JUDICIAL CIRCUIT Consolidated ScbWuting Order Fnhon County Funny Division STATE OF GEORGIA Report of Divorce, Annulment or Dissolution of Marriage Type or paint all information 1. CM Aetba Numbs L Date Decree Graced (ago., day, year) 3. County Deere Granted - 4. Wk's Name (5rst, middle, but) S. Makes wa Last Name 4 Date at MO (ma., day, year) 7. Caway of Reddeace 9. Bubmad's Name (itwt, m"C' ltit, leas albs) L Number of Tbb Marriage (I", It Date of Bkti (ao., dry, yeor) , etc.) 11. Comely of RaWeace = Number of M& Marriage (1-, , etc.) 14. Spec* Groom& For Dlreree (194-3, OCGA) 13. Date of Tbb MarrIM (mo., day, year) 15. Number of (b1drte Less T Um la Affected by M& Decree This above Report may be reproduced by use of a computer. However, the 6oished Report mast be a close repre?etion of the origieal, and prior review and approval mud be obbhW from the Stale Regidrar before use. (3140-7, O C.G.A.) 31-10-22. Peeard of divorce, dissolutions, and annulments. (a) A record of each divorce, dissolution of marriage, or annulment granted by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the department and shall be registered if it has been completed and filed in accordance with this Code section. The record shall be prepared by the Petitioner or the Petitioner's legal representative on a form prescribed and furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases,. the easpleted record shall be a prerequisite to the granting of the final decree. (b) The clerk of the superior court shall complete and forward to the department on or before the tenth day of each calendar month the records of each divorce, dissolution of marriage, or annulment decree granted during the preceding calendar month. Form 3907 (Rev. 10-2002) COMMUN M RESOURCES for additional resources go to: www.unitedwayatlanta.org Services CiUd-ren Georgia Center for Children ...........................:. Fulton Co. (678) 9042880 / DcKalb Co. (404) 377-4060 Georgia Council on Child Abuse .............................................................................(800) 532-3208 / (404) 870-6565 Child Psychiatry ................................................................................................................................. (404) 616-2215 Services for Famines and Individuals I A-Phis (Supervised Visitations by Court Order Only) ........... . ...................................................... (770) 458-4574 Adult Protective Family Services .................................................................................................:.... (404) 657-8000 Advantage Counseling Service ........................................................................................................... (770) 471-0033 AID Atlanta Administration ....................................................................................(404) 870-7700 / (404) 8724" AID Atlanta Hotline ....................................................................(800) 590-2437 / (800) 551-2728 / (404) 876-9944 Alcoholics Anonymous ......................................................................................................................(404) 525 3178 Center for Counseling Services .................. .................................................................................. (770) 3945447 Cooperative Parenting Institute .......................................................................................................... (404) 315-7474 Counseling and Educational Services ................................................................................................. (404) 373-8034 Crime Victims Advocacy Council ...................................................................................................... (770) 333-9254 Criminal Justice Coordinating Council (Victims' Compensation Fund) ............................................ (404) 559-4949 Compassionate Friends (Grief Support) ............................................................................................. (770) 491-8784 Department of Family and Children Services .................................................................................... (404) 6574M Families First (Counseling, Supervised Visitation, Parenting Classes, etc.) ...................................... (404) 853-2800 Fathers' Resource Center .................................................................................................................... (404) 753-6040 Fulton County Alcohol and Drug Treatment ...................................................................................... (404) 752-8766 Fulton Cotmty Health Department ...................................................................................................... (404) 730-1211 Fulton Cowry Mental Health ............................................................................................................. (404) 730-1600 Grady Rape Crisis Center ................................................................................................................... (404) 616-4861 High Impact (Anger Management) ..................................................................................................... (404) 523-6074 Integrated Counseling Services, Inc .................................................................................................. (404) 377-5556 The LINK Family Counseling Center ..................... Sandy Springs (404) 256-9797 / Cobb County (770) 541-1114 Mothers Against Drunk Driving ........................................................................................................ (404) 223-3331 Odyssey Family Counseling Center ....................... Fulton County (404) 669-3462 / Henry County (770) 957-6256 Partnership Against Domestic Violence ............................................................................................. (404) 873-1766 Rape Abuse Incest National Network ..................................................................................1-800-656-HOPE (4673) St. Jude's Family Preservation Group ................................................................................................ (404) 8742224 St. Jude's Recovery Center (Substance Abuse) ............................................ .................................. (404) 249-6272 Tangu, Inc. (Counseling for adults, youth and families) .................................................................... (404) 5234599 Victim Witness Assistance Program (Fulton County D.A.'s Office) ...................................... (404) 730-4986 / 4983 Victim Witness Assistance Program (Fulton County Solicitor's Office) ........................................... (404) 730-6983 Victim Witness Assistance Program (City of Atlanta Municipal Court) ................................. (404) 865-8100 / 8127 Patenity Testier: American Red Cross ........................................................................................................................... (404) 253-5448 DNA Diagnostics Center ...................................................................................................................1-800-613-5768 Laboratory Corporation of America .................................................................................................. 1-800-621-8037 Paternity Testing Corporation ............................................................................................................1-888-837-8323 Substance Abuse Treatment Cotmseling and Educational Service ............................... ........... (404) 373-8034 Integrated Counseling Services, Inc ................................................................................................... (404) 377-5556. St. Jude's Recovery Center, Inc ......................................................................................................... (404) 249-6272 Support Groups Center for Counseling Services .......................................................................................................... (770) 3945447 Roswell United Methodist Church: Support Group Ministries ........................................................... (770) 261-1767 Last printed 6/22/2007 3:22:00 PM tw ??8 '4w '- cc - ? . Z4 Ebonee Sessomes : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Darren Curry Jr. Defendant NO. 09-SGj CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ebonee Sessomes, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 0210310, --1 Respectfully submitted, adiAnn M. Kirby Certified Legal Intern All . A ROBEP(/I' E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 r?'i ri ?, r .::° w 3 c?a rv .?- EBONEE SESSOMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-564 CIVIL ACTION LAW DARREN CURRY, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 05, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 05, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE''OU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 !k2.Nn- f-'?17k. -14- wino L8 =Z1 fed S- 8336DOZ ham:. 3 ?i???? 10 Ebonee Sessomes, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CUSTODY Darren Curry Jr., Defendant NO. 09 - 564 CIVIL TERM CERTIFICATE OF SERVICE I, TrudiAnn M. Kirby, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief and the Complaint for Custody, in the above- captioned matter, on Darren Curry Jr., residing at 110 Hembre Forest Circle, Roswell, Georgia 30076, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Darren Curry Jr., on the 7th day of February 2009 as evidenced by the attached green card. 0 0 En 0 W O 0 0 0 w ru Q' W ru Q' Q' Q- tr ThxWAnnN. K rby Certified Uegll Intern ROBERT E. RAINS If THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 rF? rrn r_ wM CD `LJ PEI 0 3 2009 Ebonee Sessomes, Plaintiff/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY Darren Curry Jr., Defendant/ Respondent No. (? - CIVIL TERM ORDER OF COURT AND NOW, this i L ` day of , 2009, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1. The petitioner, Ebonee Sessomes, shall have temporary legal and primary physical custody of her minor child, Darren Curry III, born January 23, 2004, until further Order of Court. 2. The respondent, Darren Curry Jr., shall immediately return Darren Curry III to Ebonee Sessome's care and custody, at his sole expense. 3. The respondent, Darren Curry Jr., shall not remove Darren Curry III from the jurisdiction of this Court pending further order of this Court. 4. A hearing regarding this Petition for Special Relief is hereby scheduled for the 18 day ofZGtA. , 2009 at 14 3 0 o'clock J?M in Courtroom Number ?(_, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties along with their legal counsel shall appear in person. • BY TH COURT, ?J ??? 0V J. y ?- co c?,r cub co 'y 1 r? V MAR , U 206,,g ON Li EBONEE SESSOMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 2009-564 CIVIL ACTION - LAW DARREN CURRY, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this / / day of 0?4,, A , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 12, 2009 is vacated and the hearing scheduled for March 13, 2009 at 10:30 a.m. is hereby cancelled at the request of the Plaintiff. 2. The Mother, Ebonee Sessomes shall have sole legal custody of Darren Curry, III, born January 23, 2004 and Dayvon Curry, born January 4, 2007. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as agreed by the parties. In the event that the parties agree to periods of partial physical custody for Father, Father shall communicate in writing to Mother as to the transportation arrangements and who will pay for the transportation of the children. 5. Neither party shall do anything or say anything, nor permit any third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 6. Because Dayvon is allergic to seafood, neither party may let Dayvon consume seafood while he is in their custody. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc'TrudiAnn M. Kirby, certified legal intern, counsel for Mother Robert E. Rains, Esquire, Family Law Clinic Darren Curry, Jr., pro se 100 Hembre Forest Circle Roswell, GA 30076 1 t kS nom. tLCL -?3-?-! e%q BY THE COURT,